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31989D0110

89/110/EEC: Commission Decision of 9 February 1989 terminating the review of anti-dumping measures concerning imports of low carbon ferro-chromium originating in South Africa, Turkey and Zimbabwe and confirming the expiry of those measures

Official Journal L 039 , 11/02/1989 P. 0033 - 0034

*****COMMISSION  DECISION  of 9 February 1989  terminating the review of anti-dumping measures concerning imports of low carbon ferro-chromium originating in South Africa, Turkey and Zimbabwe and confirming the expiry of those measures  (89/110/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 Articles 9 and 15 thereof,  After consultations within the Advisory Committee as provided for under the above Regulation,  Whereas:  (1)  Previous procedure  In June 1983 the Commission accepted (2) undertakings given in connection with the anti-dumping proceeding concerning imports of low carbon ferro-chromium originating in South Africa, Sweden, Turkey and Zimbabwe. In 1986 the Commission was informed that the Swedish exporter concerned in the proceeding was no longer involved in production of this material. In January 1988 the Commission gave notice (3) of the impending expiry of these undertakings pursuant to Article 15 of Council Regulation (EEC) No 2176/84 (4), which has subsequently been replaced by Regulation (EEC) No 2423/88.  The undertaking given by the Swedish exporter duly expired on 22 June 1988 (5).  (2)  Review requests and initiation  The Commission received in July 1987 a request for review lodged by the Comité de Liaison des Industries de Ferro-Alliages de la CEE, which represents the whole of Community output of the product concerned.  The request alleged significant dumping and price undercutting by certain exporters, so that the existing undertakings were proving increasingly inadequate.  Subsequent to the publication by the Commission in January 1988 of the notice of impending expiry of the measures at present in force, the Commission received a further request for review from the abovementioned complainant.  This request alleged that there had been further gains of EC market share by exporters, obtained by substantial price undercutting, and that the ending of anti-dumping measures would lead to increased injury. The evidence presented of dumping and injury was considered sufficient to justify the initiation of a review, announced by a notice published in the Official Journal of the European Communities (6), and the Commission commenced an investigation, obtaining from the parties involved all information necessary for the  assessment of dumping and injury. Pursuant to Article 15 of the above Regulation, the undertakings given by the South African, Turkish and Zimbabwean exporters remained in force pending the outcome of this investigation.  (3)  Product  The product concerned is low carbon ferro-chromium with a maximum carbon content of 0,5 % and a maximum silicon content of 1,5 %. It falls within CN codes 7202 49 10 and 7202 49 50.  (4)  Results of the dumping investigation  The investigation carried out by the Commission's services showed that no dumping on the part of exporters could be established for the reference period, which covered the calendar year 1987.  (5)  Withdrawal of review requests  The complainant advised the Commission by letter dated 29 September 1988 that it was withdrawing the requests for review mentioned under 2.  (6)  Termination  In these circumstances the Commission considers that this review proceeding should be terminated and that the undertakings remaining in force pending the outcome of the review should lapse forthwith.  HAS DECIDED AS FOLLOWS:  Article 1  The review of anti-dumping measures concerning imports of low carbon ferro-chromium originating in South Africa, Turkey and Zimbabwe is hereby terminated.  Article 2  The undertakings given by the South African, Turkish and Zimbabwean exporters, which remained in force pending the outcome of the review, shall lapse with effect from the day following the publication of this Decision in the Official Journal of the European Communities.  Done at Brussels, 9 February 1989.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No L 161, 21. 6. 1983, p. 15.  (3) OJ No C 1, 5. 1. 1988, p. 3.  (4) OJ No L 201, 30. 7. 1984, p. 1.  (5) OJ No C 307, 2. 12. 1988, p. 2.  (6) OJ No C 57, 1. 3. 1988, p. 3.


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31987D0119

87/119/EEC: Commission Decision of 13 January 1987 on the list of establishments in Brazil approved for the purpose of importing meat products into the Community

Official Journal L 049 , 18/02/1987 P. 0037 - 0038 Finnish special edition: Chapter 3 Volume 22 P. 0208  Swedish special edition: Chapter 3 Volume 22 P. 0208

*****COMMISSION  DECISION  of 13 January 1987  on the list of establishments in Brazil approved for the purpose of importing meat products into the Community  (87/119/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Directive 77/99/EEC of 21 December 1976 on health problems affecting intra-Community trade in meat products (1), as last amended by Directive 86/469/EEC (2), and in particular Article 17 (1) thereof,  Whereas, pursuant to Article 17 (1) of Directive 77/99/EEC, lists of establishments in third countries authorized for export of meat products to the Community must be established; whereas these establishments must satisfy the conditions laid down in the Annex to the said Directive;  Whereas Brazil has forwarded a list of the establishments authorized to export meat products to the Community;  Whereas Community on-the-spot visits have shown that the hygiene standards of certain of these stablishments are sufficient; whereas they may therefore be entered on an initial list, established pursuant to the said Article 17 (1), of establishments from which import of meat products may be authorized;  Whereas the case of the other establishments proposed by Brazil has to be re-examined on the basis of additional information regarding their hygiene standards and their ability to adapt quickly to Community requirements;  Whereas, in the meantime and so as to avoid any abrupt interruption of existing trade flows, these establishments may be authorized temporarily to continue their exports of meat products to those Member States prepared to accept them;  Whereas it will therefore be necessary to re-examine and, if necessary, amend this Decision in the light of measures taken to this end and of improvements made;  Whereas this Decision is based upon the existing Community rules applicable to imports from third countires; whereas it will therefore be necessary to re-examine this Decision if the aforesaid rules are to be modified;  Whereas, moreover, in accordance with Article 17 (1) of Directive 77/99/EEC, the provisions otherwise applied by the Member States concerning import of meat products from third countries may not be more favourable than those governing intra-Community trade; whereas, in this respect, import of meat products from the establishments appearing on the list in Annex to this Decision remains subject to other veterinary legislation, particularly as regards animal health requirements, and to the general provisions of the Treaty;  Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,  HAS ADOPTED THIS DECISION:  Article 1  1. Member States may authorize import of meat products from Brazil only from the establishments listed in the Annex.  2. However, Member States may continue to authorize until 15 August 1987 imports of meat products coming from establishments which are not listed in the Annex but which have been officially approved and proposed by the Brazilian authorities as of 8 May 1986, unless a decision is taken to the contrary before 16 August 1987.  The Commission shall forward the list of these establishments to the Member States.  3. Imports coming from the establishments referred to in paragraph 1 shall remain subject to veterinary provisions laid down elsewhere, particularly as regards animal health requirements.  Article 2  This Decision shall apply with effect from 15 January 1987.  Article 3  This Decision shall be reviewed and if necessary amended before 16 August 1987.  Article 4  This Decision is addressed to the Member States.  Done at Brussels, 13 January 1987.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 26, 31. 1. 1977, p. 85.  (2) OJ No L 275, 26. 9. 1986, p. 36.  ANNEX  LIST OF ESTABLISHMENTS  1.2.3 //  //  //  // Approval No  // Establishment  // Address  //  //  //  // SIF 7   // Swift Armour SA Indústria e Comércio   // Santana do Livramento, Rio Grande do Sul   // SIF 10   // Frigorífico Bordon SA   // São Paulo, São Paulo   // SIF 381   // Frigorífico Kaiowa SA   // Guarulhos, São Paulo   // SIF 385   // Frigorífico Mouran SA  // Andradina, São Paulo   // SIF 736   // Sola SA Indústrias Alimentícias   // Tres Rios, Rio de Janeiro   // SIF 1676  // Swift Armour SA Indústria e Comércio   // Uberlandia, Minas Gerais   // SIF 2015   // Sadia Oeste SA Indústria e Comércio  // Varzea Grande, Mato Grosso   // SIF 2023   // Frigorífico Quatro Rios SA   // Votuporanga, São Paulo   //    //   //


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31997D0311(01)

Council Decision of 24 February 1997 appointing an alternate member of the Advisory Committee on education and training in the field of architecture

Official Journal C 076 , 11/03/1997 P. 0005 - 0005

COUNCIL DECISION of 24 February 1997 appointing an alternate member of the Advisory Committee on education and training in the field of architecture (97/C 76/03)THE COUNCIL OF THE EUROPEAN COMMUNITIES,Having regard to Council Decision 85/385/EEC of 10 June 1985 setting up an Advisory Committee on education and training in the field of architecture (1), and in particular Articles 3 and 4 thereof;Whereas, by its Decision of 26 February 1996 (2), the Council appointed Ms Anne-Claude CONSTANTINI an alternate member of the said Committee for the period ending 25 February 1999;Whereas the French Government has nominated Mr Michel REBUT-SARDA to replace Ms Anne-Claude CONSTANTINI,HAS DECIDED AS FOLLOWS:Sole Article Mr Michel REBUT-SARDA is hereby appointed an alternate member of the Advisory Committee on education and training in the field of architecture in place of Ms Anne-Claude CONSTANTINI for the remainder of the latter's term of office, which ends on 25 February 1999.Done at Brussels, 24 February 1997.For the CouncilThe PresidentH. VAN MIERLO(1) OJ No L 223, 21. 8. 1985, p. 26.(2) OJ No C 74, 14. 3. 1996, p. 1.


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31983D0184

83/184/EEC: Council Decision of 28 March 1983 giving a discharge to the Commission in respect of the implementation of the operations of the Development Fund for the overseas countries and territories (First Fund) for the financial year 1981

Official Journal L 109 , 26/04/1983 P. 0001 - 0002

+++++( 1 ) OJ NO 33 , 31 . 12 . 1958 , P . 681/58 .  ( 2 ) OJ NO 33 , 31 . 12 . 1958 , P . 686/58 .  ( 3 ) OJ NO C 344 , 31 . 12 . 1982 , P . 1 .  COUNCIL DECISION OF 28 MARCH 1983 GIVING A DISCHARGE TO THE COMMISSION IN RESPECT OF THE IMPLEMENTATION OF THE OPERATIONS OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES ( FIRST FUND ) FOR THE FINANCIAL YEAR 1981 ( 83/184/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO THE IMPLEMENTING CONVENTION OF THE ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES WITH THE COMMUNITY ANNEXED TO THAT TREATY ,  HAVING REGARD TO REGULATION NO 5 LAYING DOWN DETAILED PROVISIONS RELATING TO THE COLLECTION AND TRANSFER OF FINANCIAL CONTRIBUTIONS , THE BUDGETING AND ADMINISTRATION OF THE RESOURCES OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES ( 1 ) , AND IN PARTICULAR ARTICLE 16 THEREOF ,  HAVING REGARD TO PROVISIONAL REGULATION NO 6 RELATING TO THE RESPONSIBILITY OF AUTHORIZING AND ACCOUNTING OFFICERS FOR THE RESOURCES OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES ( 2 ) ,  HAVING REGARD TO THE COUNCIL DECISION OF 30 MAY 1972 ON THE TRANSFER AND UTILIZATION OF THE UNEXPENDED BALANCES OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES SET UP BY THE IMPLEMENTING CONVENTION ANNEXED TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO THE REVENUE AND EXPENDITURE ACCOUNT AND THE BALANCE SHEETS RELATING TO THE OPERATIONS OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES ( FIRST FUND ) AS AT 31 DECEMBER 1981 ,  HAVING REGARD TO THE REPORT OF THE COURT OF AUDITORS FOR THE FINANCIAL YEAR 1981 TOGETHER WITH THE COMMISSION'S REPLIES ( 3 ) ,  RECALLING THAT , IN ACCORDANCE WITH THE PROVISIONS APPLICABLE TO THE IMPLEMENTATION OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES ( FIRST FUND ) , ONLY THE COUNCIL , ACTING BY A QUALIFIED MAJORITY , SHALL GIVE A DISCHARGE TO THE COMMISSION IN RESPECT OF THE FINANCIAL ADMINISTRATION OF THE FUND ;  WHEREAS THE CLOSURE OF THE OPERATIONS OF THE FIRST FUND RESULTED IN THE TRANSFER , PURSUANT TO THE ABOVEMENTIONED COUNCIL DECISION OF 30 MAY 1972 , OF AN AMOUNT OF 11 806 540,11 EUROPEAN UNITS OF ACCOUNT TO THE EUROPEAN DEVELOPMENT FUND ( 1963 ) ( SECOND EDF ) ;  WHEREAS THE OVERALL IMPLEMENTATION BY THE COMMISSION OF THE OPERATIONS OF THE FIRST DEVELOPMENT FUND DURING THE FINANCIAL YEAR 1981 WAS SUCH AS TO WARRANT ITS BEING GIVEN A DISCHARGE IN RESPECT OF THE IMPLEMENTATION OF THESE OPERATIONS ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE COUNCIL SHALL CLOSE THE REVENUE AND EXPENDITURE ACCOUNT OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES ( FIRST FUND ) AS AT 31 DECEMBER 1981 AS FOLLOWS :  - REVENUE : AT THE SUM OF 569 443,89 EUROPEAN UNITS OF ACCOUNT ,  - EXPENDITURE ( PAYMENTS ) : AT THE SUM OF 569 443 459,89 EUROPEAN UNITS OF ACCOUNT .  ARTICLE 2  THE COUNCIL HEREBY GIVES A DISCHARGE TO THE COMMISSION IN RESPECT OF THE IMPLEMENTATION OF THE OPERATIONS OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES ( FIRST FUND ) FOR THE FINANCIAL YEAR 1981 .  DONE AT BRUSSELS , 28 MARCH 1983 .  FOR THE COUNCIL  THE PRESIDENT  J . ERTL


title: Council Decision (EU, Euratom) 2016/1147 of 12 July 2016 appointing a member, proposed by the Kingdom of Belgium, of the European Economic and Social Committee

text:
               14.7.2016

               EN

               Official Journal of the European Union

               L 189/58

         COUNCIL DECISION (EU, Euratom) 2016/1147
   of 12 July 2016
   appointing a member, proposed by the Kingdom of Belgium, of the European Economic and Social Committee
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
   Having regard to the proposal of the Belgian Government,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               On 18 September 2015 and 1 October 2015, the Council adopted Decisions (EU, Euratom) 2015/1600 (1) and (EU, Euratom) 2015/1790 (2) appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020.

               (2)

               A member's seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Rudi THOMAES,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Paul SOETE, Ancien Administrateur délégué d'AGORIA, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2020.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 12 July 2016.

            For the Council

            The President

         P. KAŽIMÍR

      (1)  Council Decision (EU, Euratom) 2015/1600 of 18 September 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 248, 24.9.2015, p. 53).

      (2)  Council Decision (EU, Euratom) 2015/1790 of 1 October 2015 appointing the members of the European Economic and Social Committee for the period from 21 September 2015 to 20 September 2020 (OJ L 260, 7.10.2015, p. 23).


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31991D0425

91/425/EEC: Decision No 147 of 10 October 1990 concerning the application of Article 76 of Regulation (EEC) No 1408/71

Official Journal L 235 , 23/08/1991 P. 0021 - 0027 Finnish special edition: Chapter 5 Volume 5 P. 0091  Swedish special edition: Chapter 5 Volume 5 P. 0091

DECISION No 147 of 10 October 1990 concerning the application of Article 76 of Regulation (EEC) No 1408/71 (91/425/EEC)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 on the application of social security schemes to employed persons, to self-employed persons and to the members of their families moving within the Community, under  which it is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EEC) No 1408/71 and subsequent Regulations,  Having regard to Article 2 (1) of Council Regulation (EEC) No 574/72 of 21 March 1972 under which it is the duty of the Administrative Commission to draw up models of certificates, certified statements, declarations, applications and other documents  necessary for the application of the Regulations,  Having regard to Council Regulation (EEC) No 3427/89 of 30 October 1989 amending, in particular, Article 76 of Regulation (EEC) No 1408/71,  Whereas Article 76 now provides, in paragraph 1, that in the case of overlapping of rights to family benefits under the legislation of the competent State and under the legislation of the State of residence of the members of the family, the amount  provided for by the legislation of the competent State shall be suspended up to the amount provided for by the legislation of the State of residence of the members of the family, and in paragraph 2 that if an application for benefits is not made in the  State of residence, the competent institution of the other State may apply the provisions of paragraph 1 as if benefits were granted in the first State;  Whereas it is therefore necessary to define the procedure or implementing the said Article with regard to the information to be provided by the institution of the place of residence to the competent institution for the purposes of the aforementioned  suspension, with regard to the comparison between the amounts provided for by the two legislations concerned, and with regard to the determination of the differential supplement that may have to be paid by the competent institution;  Whereas it is necessary for this purpose to draw up an amended model form E 411;  Whereas the language in which the forms are to be issued has been settled by Recommendation No 15 of the Administrative Commission;  Whereas, finally, it is necessary to specify the rate of conversion of currencies to be used for the purpose of the aforementioned comparison,  HAS DECIDED AS FOLLOWS:  1.(a)If the competent institution does not have at its disposal information showing that an occupation (or activity treated as such within the meaning of Decision No 119) giving entitlement to family benefits is pursued in the State of residence of the  members of the family, that institution shall pay the family benefits in full.  (b)In case of doubt, or where there is certainty that an occupation (or activity treated as such within the meaning of Decision No 119) giving entitlement to family benefits in the State of residence of members of the family is pursued, the competent  institution may suspend the payment of family benefits. It shall then immediately ask the institution of the place of residence of the members of the family for information concerning the right to family benefits in the State of residence of the members  of the family, in accordance with the amended model form E 411 reproduced below.  The competent authorities of the Member States shall place this form at the disposal of the competent institutions concerned. This form shall be available in the official languages of the Community and laid out in such a manner that the different  versions are perfectly superposable to enable the person concerned to receive the form in his own language.  (c)The competent institution shall then send form E 411 each year to the institution of the place of residence of the members of the family. The latter institution shall return the form to the competent institution within a period of three months of  receiving it.  (d)Upon receipt of the information supplied by the institution of the place of residence, the competent institution shall for each member of the family make a comparison between the amount of family benefits provided by the legislation of the State of  residence of the members of the family (indicated in the information certified by the institution of the place of residence) and the amount of family benefits provided for by the legislation which it administers.  (e)After having made the comparison, the competent institution shall, where appropriate, provide a supplement to the benefits provided for by the legislation of the Member State of residence of the members of the family, equal to the difference between  the amount of benefit provided for by the said legislation an the amount of benefit due under the legislation of the competent State.  The amount of the supplement shall for the first time be determined not later than twelve months after the acquisition of the right to benefits in the Member State or residence of the members of the family and in the competent State. The supplement  shall subsequently be determined at least every twelve months.  If no benefit is provided for, under the legislation which the competent institution administers, for the same member of the family or if the amount for which that legislation makes provision is less than that certified by the institution of the place  or residence of the members of the family, the competent institution shall not provide a supplement.  Where benefits are provided for, under its legislation for the same member of the family and where their amount is higher than that certified by the institution of the place of residence of the members of the family, it shall pay the supplement equal to  the difference between the two amounts.  If benefits are due under the legislation which the competent institution administers while no benefits are provided for by the legislation of the State of residence for the same member of the family, the said institution shall provide these benefits in  full.  The competent institution may aggregate sums due as supplement for the family as a whole before providing the said sums to the persons concerned.  (f)An advance on the differential supplement may be provided by the competent institution. In this case, if it appears subsequently that the amount of the advance exceeds the amount due, the competent institution shall undertake the appropriate  regularization by deducting the amount overpaid from the supplement which it provides to the person concerned for the following period.  (g)In the event that no claim for family benefits has been submitted in the State or residence of the members of the family and if the information at the disposal of the institution of the place of residence does not allow it to indicate the amount of  family benefits that would have been due if a claim had been submitted, the said institution shall send to the competent institution the general scale of rates provided for by the legislation which it administers that is in force for the period or periods  concerned.  2.For the comparison to be made between the two amounts, the competent institution shall convert to its currency the amount of the family benefits provided for by the legislation of the State or residence of the members of the family, using the rate of  conversion referred to in Article 107 (1) of Regulation (EEC) No 574/72. The rate of conversion to be taken into account shall be the rate applicable on the day on which the comparison is made.  3.This Decision shall be applicable from the first day of the month following its publication in the Official Journal of the European Communities.  The Chairman of the Administrative Commission M. T. FERRARO


title: Decision (EU) 2016/1041 of the European Central Bank of 22 June 2016 on the eligibility of marketable debt instruments issued or fully guaranteed by the Hellenic Republic and repealing Decision (EU) 2015/300 (ECB/2016/18)

text:
               28.6.2016

               EN

               Official Journal of the European Union

               L 169/14

         DECISION (EU) 2016/1041 OF THE EUROPEAN CENTRAL BANK
   of 22 June 2016
   on the eligibility of marketable debt instruments issued or fully guaranteed by the Hellenic Republic and repealing Decision (EU) 2015/300 (ECB/2016/18)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular the first indent of Article 3.1, Article 12.1, Article 18 and the second indent of Article 34.1 thereof,
   Having regard to Guideline (EU) 2015/510 of the European Central Bank of 19 December 2014 on the implementation of the Eurosystem monetary policy framework (ECB/2014/60) (1) (General Documentation Guideline), and in particular Article 1(4), Titles I, II, IV, V, VI and VIII of Part Four, and Part Six thereof,
   Having regard to Guideline ECB/2014/31 of 9 July 2014 on additional temporary measures relating to Eurosystem refinancing operations and eligibility of collateral and amending Guideline ECB/2007/9 (2), and in particular Article 1(3) and Article 8 thereof,
   Having regard to Decision (EU) 2015/774 of the European Central Bank of 4 March 2015 on a secondary markets public sector asset purchase programme (ECB/2015/10) (3), and in particular Article 3(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 18.1 of the Statute of the European System of Central Banks and of the European Central Bank, the European Central Bank (ECB) and the national central banks of Member States whose currency is the euro may conduct credit operations with credit institutions and other market participants, with lending being based on adequate collateral.

               (2)

               The standard criteria and minimum requirements for credit quality thresholds determining the eligibility of marketable assets as collateral for the purposes of Eurosystem monetary policy operations are laid down in Guideline (EU) 2015/510 (ECB/2014/60) and in particular in Article 59 and in Part Four, Title II thereof.

               (3)

               Pursuant to Article 1(4) of Guideline (EU) 2015/510 (ECB/2014/60), the Governing Council may, at any time, change the tools, instruments, requirements, criteria and procedures for the implementation of Eurosystem monetary policy operations. Pursuant to Article 59(6) of Guideline (EU) 2015/510 (ECB/2014/60), the Eurosystem reserves the right to determine whether an issue, issuer, debtor or guarantor fulfils the Eurosystem's credit quality requirements on the basis of any information that the Eurosystem may consider relevant for ensuring adequate risk protection of the Eurosystem.

               (4)

               Article 8(2) of Guideline ECB/2014/31 provides that the Eurosystem's credit quality thresholds do not apply to marketable debt instruments issued or fully guaranteed by the central governments of Member States whose currency is the euro under a European Union/International Monetary Fund programme, unless the Governing Council decides that the respective Member State does not comply with the conditionality of the financial support and/or the macroeconomic programme.

               (5)

               In February 2015, the Governing Council concluded that it was not possible to assume a successful conclusion of the review of the European Union/International Monetary Fund financial assistance programme for the Hellenic Republic that was ongoing at the time. Consequently, Decision (EU) 2015/300 of the European Central Bank (ECB/2015/6) (4) provided that the Hellenic Republic should no longer be considered to be in compliance with a European Union/International Monetary Fund programme for the purposes of Article 6(1) and Article 8 of Guideline ECB/2014/31 and that the Eurosystem's credit quality thresholds should apply in respect of marketable debt instruments issued or fully guaranteed by the Hellenic Republic. On 19 August 2015, following the expiry of the European Financial Stability Facility (EFSF) programme of financial support for Greece, the Board of Governors of the European Stability Mechanism (ESM) approved a new three-year financial assistance programme for Greece.

               (6)

               The first tranche under the new ESM programme was disbursed once all required measures were taken and milestones met which supported the gradual stabilisation of the Greek economy and allowed for the recapitalisation of the Greek banking system at the end of 2015. Upon completion of the prior actions agreed under the programme for the first review, the Board of Directors of the ESM approved on 17 June 2016 the disbursement of the first part of the second tranche of the programme. The first review of the ESM programme has thus been successfully concluded.

               (7)

               The Governing Council has assessed the effects of the new ESM programme for Greece, the continued implementation thereof and the commitment demonstrated by the Greek authorities to fully implement the programme.

               (8)

               On the basis of the abovementioned assessment, the Governing Council considers the Hellenic Republic to be in compliance with the conditionality of the programme and has decided to restore the eligibility of marketable debt instruments issued or fully guaranteed by the Hellenic Republic for Eurosystem's monetary policy operations. Therefore, Decision (EU) 2015/300 (ECB/2015/6) should be repealed.

               (9)

               In view of the specific market and credit risk conditions for marketable debt instruments issued or fully guaranteed by the Hellenic Republic, the Governing Council has decided to revise the haircut schedule applicable to those instruments pursuant to Article 8(3) of Guideline ECB/2014/31.

               (10)

               In line with past Governing Council deliberations, potential purchases of marketable debt instruments issued or guaranteed by the Hellenic Republic in the secondary markets public sector asset purchase programme (PSPP) will be examined at a later stage, taking into account the progress in the analysis and reinforcement of the sustainability of Greece's public debt and other risk management considerations,

         HAS ADOPTED THIS DECISION:
   Article 1
   Eligibility of marketable debt instruments issued or fully guaranteed by the Hellenic Republic
   1.   The Hellenic Republic shall be considered to be in compliance with a European Union/International Monetary Fund programme.
   2.   The Eurosystem's minimum requirements for credit quality thresholds, as laid down in Guideline (EU) 2015/510 (ECB/2014/60) and in particular in Article 59 and in Part Four thereof, shall not apply to marketable debt instruments issued or fully guaranteed by the Hellenic Republic.
   Article 2
   Haircut schedule applying to marketable debt instruments issued or fully guaranteed by the Hellenic Republic
   Marketable debt instruments issued or fully guaranteed by the Hellenic Republic shall be subject to the specific haircuts set out in the Annex to this Decision.
   Article 3
   PSPP purchases
   Purchases of marketable debt securities issued or fully guaranteed by the central government of the Hellenic Republic pursuant to Decision (EU) 2015/774 (ECB/2015/10) shall be conducted — in line with Article 5(3) of that Decision and within the limits to be set by the Governing Council in accordance therewith — following a positive assessment by the Governing Council of the progress made in the analysis and reinforcement of the sustainability of Greece's public debt and other risk management considerations.
   Article 4
   Repeal
   Decision (EU) 2015/300 (ECB/2015/6) is hereby repealed.
   Article 5
   Final provisions
   1.   This Decision shall enter into force on 29 June 2016.
   2.   In the event of any discrepancy between this Decision, Decision (EU) 2015/774 (ECB/2015/10) and any of Guideline (EU) 2015/510 (ECB/2014/60) and Guideline ECB/2014/31, as implemented at national level by the national central banks of Member States whose currency is the euro, this Decision shall prevail.

      Done at Frankfurt am Main, 22 June 2016.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 91, 2.4.2015, p. 3.

      (2)  OJ L 240, 13.8.2014, p. 28.

      (3)  OJ L 121, 14.5.2015, p. 20.

      (4)  Decision (EU) 2015/300 of the European Central Bank of 10 February 2015 on the eligibility of marketable debt instruments issued or fully guaranteed by the Hellenic Republic (ECB/2015/6) (OJ L 53, 25.2.2015, p. 29)

      ANNEX

         HAIRCUT SCHEDULE APPLYING TO MARKETABLE DEBT INSTRUMENTS ISSUED OR FULLY GUARANTEED BY THE HELLENIC REPUBLIC

                  Government bonds

                  Residual maturity (years)

                  Haircuts for fixed coupons and floaters

                  Haircuts for zero coupon

                  0-1

                  15,0

                  15,0

                  1-3

                  33,0

                  35,5

                  3-5

                  45,0

                  48,5

                  5-7

                  54,0

                  58,5

                  7-10

                  56,0

                  62,0

                  > 10

                  57,0

                  71,0

                  Government-guaranteed bank bonds and government-guaranteed non-financial corporate bonds

                  Residual maturity (years)

                  Haircuts for fixed coupons and floaters

                  Haircuts for zero coupon

                  0-1

                  23,0

                  23,0

                  1-3

                  42,5

                  45,0

                  3-5

                  55,5

                  59,0

                  5-7

                  64,5

                  69,5

                  7-10

                  67,0

                  72,5

                  > 10

                  67,5

                  81,0


title: Commission Decision of 27 October 2016 to replace a member of the REFIT Platform Stakeholder group

text:
               4.11.2016

               EN

               Official Journal of the European Union

               C 405/4

         COMMISSION DECISION
   of 27 October 2016
   to replace a member of the REFIT Platform Stakeholder group
   (2016/C 405/04)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Commission Decision C(2015) 3261 final of 19 May 2015 establishing the REFIT Platform, and in particular Article 4 thereof,
   Whereas:

               (1)

               Commission Decision C(2015) 3261 final establishing the REFIT Platform (hereinafter ‘the Platform’) provides in Article 4 that the Platform will comprise a ‘Government group’ and a ‘Stakeholder group’ and that the members of the Stakeholder group shall consist of up to 20 experts, two of them representing the European Economic and Social Committee and the Committee of the Regions and the rest from business, including from SMEs, and from social partners and civil society organisations having direct experience in the application of Union legislation. The experts in the stakeholder group shall be appointed in their personal capacity or to represent a common interest shared by a number of stakeholders.

               (2)

               The Decision provides in Article 4.4 that the Commission, on a proposal from the First Vice-President of the Commission, shall appoint members of the Stakeholder group selected from applicants having direct experience in the application of Union legislation, who have responded to the call for applications. The appointments shall ensure, to the extent possible, a balanced representation of the various sectors, interests and regions of the Union and gender. Article 4.5 of the Decision provides that Members shall be appointed until 31 October 2019. Pursuant to Article 4.6 of the Decision, Members who resign may be replaced for the reminder of their term of office.

               (3)

               Commission Decision C(2015) 9063 final of 16 December 2015 appointing the Members of the Stakeholder group of the REFIT Platform (1) provides that, should any Member of the Stakeholder group cease to be a Member during the term of office of the Platform, the First Vice-President may nominate a replacement from the initial list of candidates who responded to the call for expressions of interest to become Member of the Stakeholder group.

               (4)

               Following the resignation of Mr Linas Lasiauskas as Member of the Stakeholder group as of 23 June 2016, the First-Vice President of the Commission has nominated Mr Paolo Falcioni to replace Mr Lasiauskas for the rest of his term of office,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Mr Paolo Falcioni is appointed Member of the Stakeholder group of the REFIT Platform until 31 October 2019 (see Annex to this Decision).

      Done at Brussels, 27 October 2016.

            For the Commission

         Frans TIMMERMANS

            First Vice-President

      (1)  OJ C 425, 18.12.2015, p. 8.

      ANNEX

                  Name

                  Nationality

                  Representing a common interest shared by stakeholders in a particular policy area

                  Current employer

                  Mr Paolo Falcioni

                  IT

                  YES

                  European Committee of Domestic Equipment Manufacturers


title: 2010/485/EU: Commission Decision of 1 September 2010 on the adequacy of the competent authorities of Australia and the United States pursuant to Directive 2006/43/EC of the European Parliament and of the Council (notified under document C(2010) 5676)  Text with EEA relevance

text:
               11.9.2010

               EN

               Official Journal of the European Union

               L 240/6

         COMMISSION DECISION
   of 1 September 2010
   on the adequacy of the competent authorities of Australia and the United States pursuant to Directive 2006/43/EC of the European Parliament and of the Council
   (notified under document C(2010) 5676)
   (Text with EEA relevance)
   (2010/485/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2006/43/EC of the European Parliament and of the Council of 17 May 2006 on statutory audits of annual accounts and consolidated accounts, amending Council Directives 78/660/EEC and 83/349/EEC and repealing Council Directive 84/253/EEC (1), and in particular the first subparagraph of Article 47(3) thereof,
   After having consulted the European Data Protection Supervisor,
   Whereas:

               (1)

               In accordance with Article 47(1) and Article 53 of Directive 2006/43/EC, as of 29 June 2008, in case of inspections or investigations of statutory auditors or audit firms, competent authorities of Member States may allow the transfer of audit working papers or other documents held by statutory auditors or audit firms to the competent authorities of a third country only if those authorities have been declared adequate by the Commission and there are reciprocal working arrangements between them and the competent authorities of the Member States concerned. It therefore needs to be determined which competent authorities of third countries are adequate for the purpose of the transfer of audit working papers or other documents held by statutory auditors or audit firms to the competent authorities of a third country.

               (2)

               A transfer of audit working papers or other documents held by statutory auditors or audit firms to the competent authorities of a third country reflects a substantial public interest related to carrying out independent public oversight. Accordingly, any such transfer by the competent authorities of Member States should be made solely for the purpose of the exercise of the competences of public oversight, external quality assurance and investigations of auditors and audit firms by the competent authorities of the third country concerned. Member States should ensure that the bilateral working arrangements which allow the transfer of audit working papers or other documents held by statutory auditors or audit firms between their competent authorities and the competent authorities of Australia and the United States contain appropriate safeguards with regard to the protection of personal data as well as the protection of professional secrets and sensitive commercial information related to the companies whose financial statements are audited as well as the auditors of such companies comprised in such papers. The persons employed or formerly employed by competent authorities of the third country that receive the information are subject to obligations of professional secrecy.

               (3)

               Without prejudice to Article 47(4) of Directive 2006/43/EC, Member States should ensure that, for the purpose of public oversight, quality assurance and investigations of auditors and audit firms, and contacts between the auditors or audit firms of the Member States and the competent authorities of Australia and the United States take place via the competent authorities of the Member State concerned.

               (4)

               Member States may decide to accept joint inspections in exceptional circumstances where this is necessary to ensure effective supervision. Member States may allow that cooperation with the competent authorities of Australia and the United States takes place under the form of joint inspections or through observers without inspection or investigation powers and without access to the confidential audit working papers or to other documents held by statutory auditors or audit firms. Such cooperation should always take place under the conditions set out in Article 47(2) of Directive 2006/43/EC and in this Decision, in particular as regards the need to respect sovereignty, confidentiality and reciprocity. Member States should ensure that any joint inspections carried out by their competent authorities and the competent authorities of Australia and the United States on the territory of Member States pursuant to Article 47 of Directive 2006/43/EC should be under the leadership of the competent authority of the Member State concerned.

               (5)

               Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (2) applies to the processing of personal data carried out pursuant to that Directive. Accordingly, where a transfer of audit working papers or other documents held by statutory auditors or audit firms to the competent authorities of Australia or the United States involves the disclosure of personal data, it should always be carried out in accordance with the provisions of Directive 95/46/EC. Member States should ensure appropriate safeguards with regard to the protection of personal data transferred, in particular, through binding agreements in accordance with Chapter IV of Directive 95/46/EC between their competent authorities and the competent authorities of Australia and the United States and that the latter would not further disclose personal data comprised in transferred audit working papers or other documents held by statutory auditors or audit firms without the prior agreement of the competent authorities of the Member States concerned.

               (6)

               The adequacy of competent authorities of a third country should be assessed in the light of the cooperation requirements pursuant to Article 36 of Directive 2006/43/EC or essentially equivalent functional results. In particular, the adequacy should be assessed in the light of the competences exercised by the competent authorities of Australia and the United States, the safeguards against breaching professional secrecy and confidentiality rules implemented by them and their ability under their laws and regulations to cooperate with the competent authorities of Member States.

               (7)

               As auditors and audit firms of companies of the Union which have issued securities in Australia or the United States, or which form part of a group issuing statutory consolidated accounts in those countries, are regulated under the domestic laws of those countries, it should be decided whether the competent authorities of Member States may transfer audit working papers or other documents held by statutory auditors or audit firms to the competent authorities of those countries solely for the purposes of the exercise of their competences of public oversight, external quality assurance and investigations of auditors and audit firms.

               (8)

               Adequacy assessments for the purposes of Article 47 of Directive 2006/43/EC have been carried out with respect to the competent authorities of Australia and the United States. Adequacy decisions should be taken on the basis of these assessments with respect to those authorities.

               (9)

               The Australian Securities and Investments Commission has competence in the public oversight, external quality assurance and investigations of auditors and audit firms. It implements adequate safeguards banning and sanctioning disclosure by its current or former employees of confidential information to any third person or authority. It would use the transferred audit working papers or other documents held by statutory auditors or audit firms solely for purposes related to the public oversight, external quality assurance and investigations of auditors and audit firms. Under the laws and regulations of Australia, it may transfer audit working papers or other documents held by Australian auditors or audit firms to the competent authorities of any Member State. On this basis, the Australian Securities and Investments Commission should be declared adequate for the purpose of Article 47(1) of Directive 2006/43/EC.

               (10)

               The Securities and Exchange Commission of the United States of America has competence in investigating auditors and audit firms; this Decision should only cover the competences of the Securities and Exchange Commission of the United States of America to investigate auditors and audit firms. The Securities and Exchange Commission of the United States of America implements adequate safeguards banning and sanctioning disclosure by its current and former employees of confidential information to any third person or authority. It would use transferred audit working or other documents held by statutory auditors or audit firms papers solely for purposes related to investigations of auditors and audit firms. Under the laws and regulations of the United States, the Securities and Exchange Commission has the ability to transfer audit working papers or other documents held by United States auditors or audit firms which relate to investigations it may perform on such auditors and audit firms to the competent authorities of any Member State. On this basis, the Securities and Exchange Commission of the United States of America should be declared adequate for the purpose of Article 47(1) of Directive 2006/43/EC.

               (11)

               The Public Company Accounting Oversight Board of the United States of America has competence in the public oversight, external quality assurance and investigation of auditors and audit firms. It implements adequate safeguards banning and sanctioning disclosure by its current and former employees of confidential information to any third person or authority. It would use transferred audit working papers or other documents held by statutory auditors or audit firms solely for purposes related to the public oversight, external quality assurance and investigation of auditors and audit firms. Under the laws and regulations of the United States, it may provide direct access to the competent authorities of any Member State to the audit working papers or other documents held by United States auditors or audit firms, but it cannot, under United States law, transfer such documents to the competent authorities of Member States.

               (12)

               However, the Securities and Exchange Commission of the United States of America can provide the competent authorities of any Member State with the inspection reports issued by the Public Company Accounting Oversight Board of the United States of America in respect of United States auditors and audit firms and, upon prior request and justification of the reasons for the request, with the audit working papers or other documents held by United States auditors or audit firms relevant to such inspections. Therefore, cooperation on inspections of auditors and audit firms between the competent authorities of the Member States and the Public Company Accounting Oversight Board of the United States of America leads to essentially equivalent results to the direct exchange of audit working papers or other documents held by statutory auditors or audit firms provided for in Article 36 of Directive 2006/43/EC. On this basis, the Public Company Accounting Oversight Board of the United States of America should be declared adequate for the purpose of Article 47(1) of Directive 2006/43/EC.

               (13)

               Transfer of audit working papers or other documents held by statutory auditors or audit firms should include access to or transmission to the authorities declared adequate under this Decision of audit working papers or other documents held by statutory auditors or audit firms, upon prior agreement of the competent authorities of Member States, and access to or transmission of such papers by the competent authorities of Member States to those authorities. As a consequence, in case of inspections or investigations, statutory auditors and audit firms should not be allowed to grant access, nor to transmit audit working papers or other documents held by statutory auditors or audit firms to those authorities under other conditions than the ones set out in this Decision and in Article 47 of Directive 2006/43/EC, for example on the basis of consent of the statutory auditor, the audit firms or the client company.

               (14)

               This Decision should be without prejudice to the cooperation arrangements referred to in Article 25(4) of Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC (3).

               (15)

               As this Decision is taken in the context of the transitional period granted to certain third country auditors and audit firms by Commission Decision 2008/627/EC of 29 July 2008 concerning a transitional period for audit activities of certain third country auditors and audit entities (4), this Decision should not pre-empt any final equivalence decisions that the Commission may adopt pursuant to Article 46 of Directive 2006/43/EC.

               (16)

               This Decision aims at facilitating effective cooperation between the competent authorities of the Member States and those of Australia and the United States to allow the exercise of their functions of public oversight, external quality assurance and investigations and, at the same time, to protect the rights of the parties concerned. Member States should communicate to the Commission the working arrangements concluded with those authorities to allow the Commission to assess if cooperation takes place in accordance with Article 47 of the Directive 2006/43/EC.

               (17)

               The ultimate objective of cooperation with Australia and the United States in audit oversight is to reach mutual reliance on each other’s oversight systems where transfers of audit working papers or other documents held by statutory auditors or audit firms would be exceptional. The mutual reliance would be based on the equivalence of the Union and those countries’ auditor oversight systems.

               (18)

               The Public Company Accounting Oversight Board of the United States of America would like to evaluate further the auditor oversight systems of the Member States before deciding to rely on the oversight performed by their competent authorities. Therefore, the mechanism of cooperation between the competent authorities of the Member States and the Public Company Accounting Oversight Board of the United States of America and the Securities and Exchange Commission of the United States of America should be reviewed to assess the progress made towards reaching mutual reliance on each other. For these reasons, this Decision should cease to apply on 31 July 2013 in respect of the Public Company Accounting Oversight Board of the United States of America and the Securities and Exchange Commission of the United States of America.

               (19)

               The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 48(1) of Directive 2006/43/EC,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following competent authorities of third countries shall be considered adequate for the purpose of Article 47(1) of Directive 2006/43/EC:

               1.

               The Australian Securities and Investments Commission;

               2.

               The Public Company Accounting Oversight Board of the United States of America;

               3.

               The Securities and Exchange Commission of the United States of America.

         Article 2
   1.   In accordance with Article 53 of Directive 2006/43/EC, as of 29 June 2008, in case of inspections or investigations of statutory auditors or audit firms, any transfer of audit working papers or other documents held by statutory auditors or audit firms shall be either subject to prior approval by the competent authority of the Member State concerned, or it shall be carried out by the competent authority of the Member State concerned.
   2.   The transfer of audit working papers or other documents held by statutory auditors or audit firms shall not serve any other purpose than the public oversight, external quality assurance or investigations of auditors and audit firms.
   3.   Where audit working papers or other documents held by statutory auditors or audit firms are exclusively held by a statutory auditor or audit firm registered in a Member State other than the Member State where the group auditor is registered and whose competent authority has received a request from any of the authorities referred to in Article 1, such papers or documents shall be transferred to the competent authority of the third country concerned only if the competent authority of the first Member State has given its express agreement to the transfer.
   4.   Member States shall ensure that the bilateral working arrangements which allow the transfer of audit working papers or other documents held by statutory auditors or audit firms between their competent authorities and the competent authorities of Australia and the United States contain appropriate safeguards with regard to the protection of personal data as well as the protection of professional secrets and sensitive commercial information related to the companies whose financial statements are audited as well as the auditors of such companies comprised in such papers.
   5.   Without prejudice to Article 47(4) of Directive 2006/43/EC, Member States shall ensure that, for the purpose of public oversight, quality assurance and investigations of auditors and audit firms, the bilateral working arrangements which allow the transfer of audit working papers or other documents held by statutory auditors or audit firms between their competent authorities and the competent authorities of Australia and the United States provide that contacts between the auditors or audit firms of the Member States and the competent authorities of Australia and the United States take place via the competent authorities of the Member State concerned.
   6.   Member States may agree to joint inspections only where necessary. They shall ensure that any joint inspections carried out by their competent authorities and the competent authorities of Australia and the United States on the territory of Member States pursuant to Article 47 of Directive 2006/43/EC shall, as a general rule, be under the leadership of the competent authority of the Member State concerned.
   7.   Member States shall ensure that any bilateral working arrangements between their competent authorities and the competent authorities of Australia and the United States comply with the conditions for cooperation set out in this Decision.
   Article 3
   With respect to the competent authorities referred to in Article 1(2) and (3), this Decision shall cease to apply on 31 July 2013.
   Article 4
   This Decision is addressed to the Member States.

      Done at Brussels, 1 September 2010.

            For the Commission

         Michel BARNIER

            Member of the Commission

      (1)  OJ L 157, 9.6.2006, p. 87.

      (2)  OJ L 281, 23.11.1995, p. 31.

      (3)  OJ L 390, 31.12.2004, p. 38.

      (4)  OJ L 202, 31.7.2008, p. 70.


title: European Council Decision of 1 December 2009 adopting its Rules of Procedure

text:
               2.12.2009

               EN

               Official Journal of the European Union

               L 315/51

         EUROPEAN COUNCIL DECISION
   of 1 December 2009
   adopting its Rules of Procedure
   (2009/882/EU)
   THE EUROPEAN COUNCIL,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 235(3) thereof,
   Whereas:

               (1)

               The Treaty of Lisbon transforms the European Council into an institution of the European Union.

               (2)

               The European Council should therefore adopt its Rules of Procedure.

               (3)

               To enable these Rules of Procedure to be adopted immediately on the day on which the Treaty of Lisbon enters into force, this Decision should provide that the European Council may use the written procedure laid down in Article 7 of its Rules of Procedure for the adoption of those Rules of Procedure,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The European Council hereby adopts its Rules of Procedure, as set out in the Annex.
   2.   For the adoption of its Rules of Procedure, the European Council may use the written procedure laid down in Article 7 of those Rules of Procedure.
   Article 2
   This Decision shall take effect on the day of its adoption.
   It shall be published in the Official Journal of the European Union.

      Done at Brussels, 1 December 2009.

            For the European Council

            The President

         H. VAN ROMPUY

   ANNEX

      RULES OF PROCEDURE OF THE EUROPEAN COUNCIL

   Article 1
   Notice and venue of meetings
   1.   The European Council shall meet twice every six months, convened by its President (1).
   At the latest one year before the beginning of a six-month period, in close cooperation with the Member State which will hold the Presidency during that six-month period, the President of the European Council shall make known the dates which he or she envisages for the meetings of the European Council during that six-month period.
   When the situation so requires, the President shall convene a special meeting of the European Council (2).
   2.   The European Council shall meet in Brussels.
   In exceptional circumstances, the President of the European Council, with the agreement of the General Affairs Council or the Committee of Permanent Representatives, acting unanimously, may decide that a meeting of the European Council will be held elsewhere.
   Article 2
   Preparation for and follow-up to the proceedings of the European Council
   1.   The President of the European Council shall ensure the preparation and continuity of the work of the European Council in cooperation with the President of the Commission, and on the basis of the work of the General Affairs Council (3).
   2.   The General Affairs Council shall prepare and ensure the follow-up to meetings of the European Council, in liaison with the President of the European Council and the Commission (4).
   3.   The President shall establish close cooperation and coordination with the Presidency of the Council and the President of the Commission, particularly by means of regular meetings.
   4.   In the event of an impediment because of illness, in the event of his or her death or if his or her term of office is ended in accordance with Article 15(5) of the Treaty on European Union, the President of the European Council shall be replaced, where necessary until the election of his or her successor, by the member of the European Council representing the Member State holding the six-monthly Presidency of the Council.
   Article 3
   Agenda and preparation
   1.   In order to ensure the preparation provided for in Article 2(2), at least four weeks before each ordinary meeting of the European Council as referred to in Article 1(1), the President of the European Council, in close cooperation with the member of the European Council representing the Member State holding the six-monthly Presidency of the Council and with the President of the Commission, shall submit an annotated draft agenda to the General Affairs Council.
   Contributions to the proceedings of the European Council by other Council configurations shall be forwarded to the General Affairs Council at the latest two weeks before the meeting of the European Council.
   The President of the European Council, in close cooperation as referred to in the first subparagraph, shall prepare draft guidelines for the European Council conclusions and, as appropriate, draft conclusions and draft decisions of the European Council, which shall be discussed in the General Affairs Council.
   A final meeting of the General Affairs Council shall be held within the five days preceding the meeting of the European Council. In the light of that final discussion, the President of the European Council shall draw up the provisional agenda.
   2.   Except for imperative and unforeseeable reasons linked, for example, to current international events, no other configuration of the Council or preparatory body may, between the session of the General Affairs Council at the end of which the provisional agenda for the European Council is drawn up and the European Council meeting, discuss any subject submitted to the European Council.
   3.   The European Council shall adopt its agenda at the beginning of its meeting.
   As a rule, issues entered on the agenda should have been examined beforehand, in accordance with the provisions of this Article.
   Article 4
   Composition of the European Council, delegations and the conduct of proceedings
   1.   Each ordinary meeting of the European Council shall run for a maximum of two days, unless the European Council or the General Affairs Council, on the initiative of the President of the European Council, decides otherwise.
   The member of the European Council representing the Member State holding the Presidency of the Council shall report to the European Council, in consultation with its President, on the work of the Council.
   2.   The President of the European Parliament may be invited to be heard by the European Council (5). Such exchange of views shall be held at the start of the meeting of the European Council, unless the European Council unanimously decides otherwise.
   Meetings in the margins of the European Council with representatives of third States or international organisations or other personalities may be held in exceptional circumstances only, and with the prior agreement of the European Council, acting unanimously, on the initiative of the President of the European Council.
   3.   Meetings of the European Council shall not be public.
   4.   The European Council shall consist of the Heads of State or Government of the Member States, together with its President and the President of the Commission. The High Representative of the Union for Foreign Affairs and Security Policy shall take part in its work (6).
   When the agenda so requires, the members of the European Council may decide each to be assisted by a minister and, in the case of the President of the Commission, by a member of the Commission (7).
   The total size of the delegations authorised to have access to the building where the meeting of the European Council is held shall be limited to 20 persons for each Member State and for the Commission, and to five for the High Representative of the Union for Foreign Affairs and Security Policy. That number shall not include technical personnel assigned to specific security or logistic support tasks. The names and functions of the members of the delegations shall be notified in advance to the General Secretariat of the Council.
   The President shall be responsible for the application of these Rules of Procedure and for ensuring that discussions are conducted smoothly.
   Article 5
   Representation before the European Parliament
   The European Council shall be represented before the European Parliament by the President of the European Council.
   The President of the European Council shall present a report to the European Parliament after each of the meetings of the European Council (8).
   The member of the European Council representing the Member State holding the Presidency of the Council shall present to the European Parliament the priorities of its Presidency and the results achieved during the six-month period.
   Article 6
   Adoption of positions, decisions and quorum
   1.   Except where the Treaties provide otherwise, decisions of the European Council shall be taken by consensus (9).
   2.   In those cases where, in accordance with the Treaties, the European Council adopts a decision and holds a vote, that vote shall take place on the initiative of its President.
   The President shall, furthermore, be required to open a voting procedure on the initiative of a member of the European Council, provided that a majority of the members of the European Council so decides.
   3.   The presence of two thirds of the members of the European Council is required to enable the European Council to vote. When the vote is taken, the President shall check that there is a quorum. The President of the European Council and the President of the Commission shall not be included in the calculation of the quorum.
   4.   Where a vote is taken, any member of the European Council may also act on behalf of not more than one other member (10).
   Where the European Council decides by vote, its President and the President of the Commission shall not take part in the vote (11).
   5.   Procedural decisions adopted by the European Council by virtue of these Rules of Procedure shall be adopted by a simple majority. (12)

   Article 7
   Written procedure
   Decisions of the European Council on an urgent matter may be adopted by a written vote where the President of the European Council proposes to use that procedure. Written votes may be used where all members of the European Council having the right to vote agree to that procedure.
   A summary of acts adopted by the written procedure shall be drawn up periodically by the General Secretariat of the Council.
   Article 8
   Minutes
   Minutes of each meeting shall be drawn up; a draft of those minutes shall be prepared by the General Secretariat of the Council within 15 days. The draft shall be submitted to the European Council for approval, and then signed by the Secretary-General of the Council.
   The minutes shall contain:

               —

               a reference to the documents submitted to the European Council,

               —

               a reference to the conclusions approved,

               —

               the decisions taken,

               —

               the statements made by the European Council and those whose entry has been requested by a member of the European Council,

         Article 9
   Deliberations and decisions on the basis of documents and drafts drawn up in the languages provided for by the language rules in force
   1.   Except as otherwise decided unanimously by the European Council on grounds of urgency, the European Council shall deliberate and take decisions only on the basis of documents and drafts drawn up in the languages specified in the rules in force governing languages.
   2.   Any member of the European Council may oppose discussion where the texts of any proposed amendments are not drawn up in such of the languages referred to in paragraph 1 as he or she may specify.
   Article 10
   Making public votes, explanations of votes and minutes and access to documents
   1.   In cases where, in accordance with the Treaties, the European Council adopts a decision, the European Council may decide, in accordance with the voting arrangement applicable for the adoption of that decision, to make public the results of votes, as well as the statements in its minutes and the items in those minutes relating to the adoption of that decision.
   Where the result of a vote is made public, the explanations of the vote provided when the vote was taken shall also be made public at the request of the member of the European Council concerned, with due regard for these Rules of Procedure, legal certainty and the interests of the European Council.
   2.   The provisions concerning public access to Council documents set out in Annex II to the Rules of Procedure of the Council shall apply mutatis mutandis to European Council documents.
   Article 11
   Professional secrecy and production of documents in legal proceedings
   Without prejudice to the provisions on public access to documents, the deliberations of the European Council shall be covered by the obligation of professional secrecy, except insofar as the European Council decides otherwise.
   The European Council may authorise the production for use in legal proceedings of a copy of or an extract from European Council documents which have not already been released to the public in accordance with Article 10.
   Article 12
   Decisions of the European Council
   1.   Decisions adopted by the European Council shall be signed by its President and by the Secretary-General of the Council. Where they do not specify to whom they are addressed, they shall be published in the Official Journal of the European Union. Where they specify to whom they are addressed, they shall be notified to those to whom they are addressed by the Secretary-General of the Council.
   2.   The provisions concerning the form of acts set out in Annex VI to the Rules of Procedure of the Council shall apply mutatis mutandis to decisions of the European Council.
   Article 13
   Secretariat, budget and security
   1.   The European Council and its President shall be assisted by the General Secretariat of the Council, under the authority of its Secretary-General.
   2.   The Secretary-General of the Council shall attend the meetings of the European Council. He or she shall take all the measures necessary for the organisation of proceedings.
   3.   The Secretary-General of the Council shall have full responsibility for administering the appropriations entered in Section II – European Council and Council – of the budget and shall take all measures necessary to ensure that they are properly managed. He or she shall implement the appropriations in question in accordance with the provisions of the Financial Regulation applicable to the budget of the Union.
   4.   The Council’s security rules shall apply mutatis mutandis to the European Council.
   Article 14
   Correspondence addressed to the European Council
   Correspondence to the European Council shall be sent to its President at the following address:

               European Council

               rue de la Loi 175

               B-1048 Brussels

      (1)  This subparagraph reproduces the first sentence of Article 15(3) of the Treaty on European Union (hereinafter referred to as the ‘TEU’).

      (2)  This subparagraph reproduces the final sentence of Article 15(3) of the TEU.

      (3)  This paragraph reproduces Article 15(6)(b) of the TEU.

      (4)  This paragraph reproduces the second sentence of the second subparagraph of Article 16(6) of the TEU.

      (5)  This subparagraph reproduces Article 235(2) of the Treaty on the Functioning of the European Union (hereinafter referred to as the ‘TFEU’).

      (6)  This subparagraph reproduces Article 15(2) of the TEU.

      (7)  This subparagraph reproduces the second sentence of Article 15(3) of the TEU.

      (8)  This subparagraph reproduces Article 15(6)(d) of the TEU.

      (9)  This paragraph reproduces Article 15(4) of the TEU.

      (10)  This subparagraph reproduces the first subparagraph of Article 235(1) of the TFEU.

      (11)  This subparagraph reproduces the second sentence of the second subparagraph of Article 235(1) of the TFEU.

      (12)  This subparagraph reproduces the rule set out in Article 235(3) of the TFEU.


title: Council Decision of 2 December 2010 appointing two members of the Management Board of the European Chemicals Agency

text:
               3.12.2010

               EN

               Official Journal of the European Union

               C 326/4

         COUNCIL DECISION
   of 2 December 2010
   appointing two members of the Management Board of the European Chemicals Agency
   2010/C 326/03
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency (1), and in particular Article 79 thereof,
   Whereas:

               (1)

               Article 79 of Regulation (EC) No 1907/2006 provides that the Council should appoint as members of the Management Board of the European Chemicals Agency one representative from each Member State.

               (2)

               By Decision of 7 June 2007 (2) the Council appointed 27 members of the Management Board of the European Chemicals Agency.

               (3)

               The Swedish Government has informed the Council of its intention to replace the Swedish representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2013.

               (4)

               The Slovenian Government has informed the Council of its intention to replace the Slovenian representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2013,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ms Nina CROMNIER of Swedish nationality, born on 14 October 1966, shall be appointed member of the Management Board of the European Chemicals Agency in place of Ms Ethel FORSBERG for the period from 4 December 2010 to 31 May 2013.
   Article 2
   Ms Simona FAJFAR of Slovenian nationality, born on 17 November 1970, shall be appointed member of the Management Board of the European Chemicals Agency in place of Ms Marta CIRAJ for the period from 4 December 2010 to 31 May 2013.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 2 December 2010.

            For the Council

            The President

         E. SCHOUPPE

      (1)  OJ L 396, 30.12.2006, p. 1.

      (2)  OJ C 134, 16.6.2007, p. 6.


Avis juridique important

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31983D0054

83/54/EEC: Commission Decision of 24 January 1983 amending Decision 74/442/EEC relating to the setting up of a Joint Committee on Social Problems of Agricultural Workers

Official Journal L 044 , 16/02/1983 P. 0022 - 0022 Finnish special edition: Chapter 3 Volume 15 P. 0238  Spanish special edition: Chapter 05 Volume 3 P. 0041  Swedish special edition: Chapter 3 Volume 15 P. 0238  Portuguese special edition Chapter 05 Volume 3 P. 0041

*****COMMISSION  DECISION  of 24 January 1983  amending Decision 74/442/EEC relating to the setting up of a Joint Committee on Social Problems of Agricultural Workers  (83/54/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas structural changes have come about in the European organizations representing agricultural workers since the setting up of the Joint Committee and new needs have arisen because of the enlargement of the Community;  Whereas the Commission must take account of the situation in the individual Member States so as to ensure the participation of employers and employees in agriculture in the work of the Joint Committee and thus maintain the effective representation of all interested parties;  Whereas the presence at the Committee's meetings of observers from organizations other than those referred to in Article 4 of Commission Decision 74/442/EEC (1) may increase the Committee's effectiveness,  HAS DECIDED AS FOLLOWS:  Article 1  Decision 74/442/EEC is hereby amended as follows:  1. Article 4 is replaced by the following:  'Article 4  1. The Committee shall consist of 52 members.  2. Seats shall be attributed as follows:  (a) to representatives of employers: 26;  (b) to representatives of employees: 26.  3. The members of the Committee shall be appointed by the Commission, 50 of them on proposals from the following agricultural employers' and agricultural employees' associations:  - Employers' association (25 members):  - The Committee of Agricultural Trade Organizations of the European Economic Community (COPA);  - Employees' association (25 members):  - The European Federation of Agricultural Workers in the Community (EFA).'  2. The following paragraph 4 is added to Article 13:  '4. The Commission may, after consulting the Committee, invite organizations other than those referred to in Article 4 (3) to participate in the Committee's work as observers.'  Article 2  This Decision shall take effect on 24 January 1983.  Done at Brussels, 24 January 1983.  For the Commission  Ivor RICHARD  Member of the Commission  (1) OJ No L 243, 5. 9. 1974, p. 22.


title: 2010/290/: Council Decision of 19 January 2010 on the existence of an excessive deficit in Slovakia

text:
               21.5.2010

               EN

               Official Journal of the European Union

               L 125/48

         COUNCIL DECISION
   of 19 January 2010
   on the existence of an excessive deficit in Slovakia
   (2010/290/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union and, in particular, Article 126(6) in conjunction with Article 126(13) and Article 136 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the observations made by Slovakia,
   Whereas:

               (1)

               According to Article 126(1) of the Treaty on the Functioning of the European Union, Member States shall avoid excessive government deficits.

               (2)

               The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation.

               (3)

               The excessive deficit procedure (EDP) under Article 126 of the Treaty on the Functioning of the European Union, as clarified by Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (1) (which is part of the Stability and Growth Pact), provides for a decision on the existence of an excessive deficit. Regulation (EC) No 1467/97 also establishes provisions for the implementation of Article 104 of the Treaty establishing the European Community, which has become Article 126 of the Treaty on the Functioning of the European Union. The Protocol on the excessive deficit procedure annexed to the Treaty on the Functioning of the European Union sets out further provisions relating to the implementation of the EDP. Council Regulation (EC) No 479/2009 (2) lays down detailed rules and definitions for the application of the provisions of that Protocol.

               (4)

               The 2005 reform of the Stability and Growth Pact sought to strengthen its effectiveness and economic underpinnings as well as to safeguard the sustainability of the public finances in the long run. It aimed at ensuring that, in particular, the economic and budgetary background was taken into account fully in all steps in the EDP. In this way, the Stability and Growth Pact provides the framework supporting government policies for a prompt return to sound budgetary positions taking account of the economic situation.

               (5)

               Article 104(5) of the Treaty establishing the European Community, which has become Article 126(5) of the Treaty on the Functioning of the European Union, required the Commission to address an opinion to the Council if the Commission considered that an excessive deficit in a Member State existed or might occur. Having taken into account its report in accordance with Article 104(3) of the Treaty establishing the European Community, which has become Article 126(3) of the Treaty on the Functioning of the European Union, and having regard to the opinion of the Economic and Financial Committee in accordance with Article 104(4) of the Treaty establishing the European Community, which has become Article 126(4) of the Treaty on the Functioning of the European Union, the Commission concluded that an excessive deficit existed in Slovakia. The Commission therefore addressed such an opinion to the Council in respect of Slovakia on 11 November 2009 (3).

               (6)

               Article 126(6) of the Treaty on the Functioning of the European Union states that the Council should consider any observations which the Member State concerned may wish to make before deciding, after an overall assessment, whether an excessive deficit exists. In the case of Slovakia, this overall assessment leads to the conclusions set out in this Decision.

               (7)

               According to data notified by the Slovak authorities in October 2009, the general government deficit in Slovakia is planned to reach 6,3 % of GDP in 2009, thus exceeding and not close to the 3 % of GDP reference value. The planned excess over the reference value can be qualified as exceptional within the meaning of the Treaty and the Stability and Growth Pact. In particular, it results, among other things, from a severe economic downturn in the sense of the Treaty and the Stability and Growth Pact. The Commission services’ 2009 autumn forecast projects real GDP to contract by 5,8 % in 2009. While the excess over the 3 % reference value mainly reflects the severity of the economic downturn, it also results from the significant deterioration of the structural balance since 2005. Furthermore, the planned excess over the reference value cannot be considered temporary, since the Commission services’ 2009 forecast projects the general government deficit to reach 6 % of GDP in 2010 based on the no-policy change assumption. The deficit criterion in the Treaty is not fulfilled.

               (8)

               According to data notified by the Slovak authorities in October 2009, the general government gross debt remains well below the 60 % of GDP reference value and is planned to stand at around 30 % of GDP in 2009. According to the Commission services’ autumn forecast, the debt ratio is set to increase rapidly, reaching 42,7 % of GDP in 2011 under the no policy change assumption.

               (9)

               In line with the provisions in the Stability and Growth Pact, the Commission in its report gave due consideration to systemic pension reforms introducing a multi-pillar system that includes a mandatory, fully-funded pillar. While the implementation of these reforms leads to a temporary deterioration of the budgetary position, the long-term sustainability of public finances clearly improves. Based on the estimates of the Slovak authorities, the net costs of this reform amount to 1,1 % of GDP in 2009-2011, rising to 1,2 % in 2012. According to the Stability and Growth Pact, these can be taken into account on a linear degressive basis for a transitory period and only in case the deficit remains close to the reference value. Since the deficit does not remain close to the reference value in 2009-2011, the cost of the pension reform cannot be taken into account.

               (10)

               According to Article 2(4) of Regulation (EC) No 1467/97, ‘relevant factors’ can only be taken into account in the steps leading to the Council decision on the existence of an excessive deficit in accordance with Article 126(6) of the Treaty on the Functioning of the European Union if the double condition — that the deficit remains close to the reference value and that its excess over the reference value is temporary — is fully met. In the case of Slovakia, this double condition is not met. Therefore, relevant factors are not taken into account in the steps leading to this Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   From an overall assessment it follows that an excessive deficit exists in Slovakia.
   Article 2
   This Decision is addressed to the Slovak Republic.

      Done at Brussels, 19 January 2010.

            For the Council

            The President

         E. SALGADO

      (1)  OJ L 209, 2.8.1997, p. 6.

      (2)  OJ L 145, 10.6.2009, p. 1.

      (3)  All EDP-related documents for Slovakia can be found at the following website: http://ec.europa.eu/economy_finance/netstartsearch/pdfsearch/pdf.cfm?mode = _m2