Avis juridique important

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31984D0254

84/254/EEC: Council Decision of 10 April 1984 amending Decision 79/783/EEC adopting a multiannual programme (1979 to 1983) in the field of data processing

Official Journal L 126 , 12/05/1984 P. 0027

+++++( 1 ) OJ NO C 193 , 28 . 7 . 1982 , P . 4 .  ( 2 ) OJ NO C 128 , 16 . 5 . 1983 , P . 101 .  ( 3 ) OJ NO C 346 , 31 . 12 . 1982 , P . 12 .  ( 4 ) OJ NO L 231 , 13 . 9 . 1979 , P . 1 .  ( 5 ) OJ NO L 231 , 13 . 9 . 1979 , P . 23 .  ( 6 ) OJ NO L 13 , 15 . 1 . 1977 , P . 1 .  ( 7 ) OJ NO L 255 , 6 . 10 . 1977 , P . 25 .  ( 8 ) OJ NO L 255 , 6 . 10 . 1977 , P . 22 .  COUNCIL DECISION OF 10 APRIL 1984 AMENDING DECISION 79/783/EEC ADOPTING A MULTIANNUAL PROGRAMME ( 1979 TO 1983 ) IN THE FIELD OF DATA PROCESSING ( 84/254/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 235 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ( 1 ) ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 2 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 3 ) ,  WHEREAS THE USE MADE OF THE MECHANISM FOR COMMUNITY SUPPORT IN THE FIELD OF DATA PROCESSING , PROVIDED IN ACCORDANCE WITH REGULATION ( EEC ) NO 1996/79 ( 4 ) , HAS LED TO THE MAXIMUM AMOUNT LAID DOWN IN ARTICLE 2 OF DECISION 79/783/EEC ( 5 ) BEING USED UP AS FAR AS ACTIVITIES FOR THE PROMOTION OF DATA PROCESSING ARE CONCERNED ;  WHEREAS THE COUNCIL , WHEN IT ADOPTED DECISION 79/783/EEC , INDICATED THAT IT WAS PREPARED , IN THE LIGHT OF THE RESULTS ACHIEVED BY THE PROGRAMME DURING ITS FIRST TWO YEARS , TO CONSIDER A NEW PROGRAMME ;  WHEREAS THE NUMBER AND QUALITY OF THE PROJECTS SUPPORTED JUSTIFY CONTINUING THE USE OF THE SUPPORT MECHANISM FOR PROJECTS TO PROMOTE DATA PROCESSING IN ACCORDANCE WITH REGULATION ( EEC ) NO 1996/79 ;  WHEREAS IT IS EVIDENT THAT CONTINUATION OF THE PROGRAMME IS NECESSARY IN ORDER TO ACHIEVE CERTAIN COMMUNITY AIMS IN THE OPERATION OF THE COMMON MARKET ; WHEREAS THE TREATY DOES NOT PROVIDE SPECIFIC POWERS FOR THIS PURPOSE ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE TITLE OF DECISION 79/783/EEC IS HEREBY REPLACED BY THE FOLLOWING :  " COUNCIL DECISION OF 11 SEPTEMBER 1979 ADOPTING A MULTIANNUAL PROGRAMME IN THE FIELD OF DATA PROCESSING " .  ARTICLE 2  ARTICLE 1 OF DECISION 79/783/EEC IS HEREBY REPLACED BY THE FOLLOWING :  " ARTICLE 1  A MULTIANNUAL PROGRAMME IS HEREBY ADOPTED FOR THE FIELD OF DATA PROCESSING . ITS OBJECTS ARE AS FOLLOWS :  - GENERAL MEASURES : STANDARDIZATION , PUBLIC PROCUREMENT , COLLABORATION BETWEEN RESEARCH CENTRES AND ORGANIZATIONS SUPPORTING THE USE OF DATA PROCESSING , A STUDY OF THE SECTOR AND OF EMPLOYMENT , THE CONFIDENTIALITY AND SECURITY OF DATA , AND LEGAL PROTECTION FOR COMPUTER PROGRAMMES ,  - PROMOTION MEASURES : MEASURES COVERING SOFTWARE , APPLICATIONS AND ASPECTS TO BE AGREED ON BY THE COUNCIL IN THE LIGHT OF THE STUDIES CARRIED OUT WITHIN THE FRAMEWORK OF THE GENERAL MEASURES AND PURSUANT TO THE COUNCIL RESOLUTION OF 11 SEPTEMBER 1979 ON A COMMUNITY ACTION PROMOTING MICRO-ELECTRONIC TECHNOLOGY ( 1 ) .  THE PROGRAMME IS DEFINED IN THE ANNEX HERETO . THE DURATION OF THE PROGRAMME SHALL BE FOUR YEARS FOR THE GENERAL MEASURES ; AND THE PROMOTION MEASURES ; IT SHALL BE EXTENDED FOR TWO YEARS FROM 15 APRIL 1984 FOR THE PROMOTION MEASURES . "  ARTICLE 3  ARTICLE 2 OF DECISION 79/783/EEC IS HEREBY REPLACED BY THE FOLLOWING :  " ARTICLE 2  THE AMOUNTS ESTIMATED AS NECESSARY FOR THE IMPLEMENTATION OF THE PROGRAMME SHALL BE 10 MILLION EUROPEAN UNITS OF ACCOUNT FOR THE GENERAL PROJECTS AND 30 MILLION ECU FOR THE PROMOTION PROJECTS . "  ARTICLE 4  THE ANNEX TO DECISION 79/783/EEC SHALL BE REPLACED BY THE ANNEX TO THIS DECISION .  DONE AT BRUSSELS , 10 APRIL 1984 .  FOR THE COUNCIL  THE PRESIDENT  C . CHEYSSON  ANNEX  MULTIANNUAL PROGRAMME FOR A COMMUNITY POLICY IN THE FIELD OF DATA PROCESSING  1 . GENERAL MEASURES  1.1 . STANDARDIZATION POLICY  AIMS :  ( A ) TO DEFINE PRIORITY SECTORS AFTER THE WIDEST POSSIBLE CONSULTATION WITH USERS AND INDUSTRY ;  ( B ) TO PROMOTE RESEARCH OR ANY OTHER FORM OF ACTION DESIGNED TO FOSTER A COMMUNITY CONTRIBUTION TOWARDS INTERNATIONAL STANDARDS AND , WHERE NECESSARY , PRACTICES APPROVED AT COMMUNITY LEVEL ;  ( C ) TO ENSURE THAT THE MEMBER STATES APPLY STANDARDS APPROVED AT COMMUNITY LEVEL , PARTICULARLY IN THE PUBLIC SECTOR , AND TO ENCOURAGE THEIR GENERAL APPLICATION THROUGH CONCERTED MEASURES BETWEEN NATION CENTRES COMPETENT IN THE MATTER ;  ( D ) TO LOOK TO THE DISSEMINATION OF COMMUNITY INFORMATION IN THE FIELD OF STANDARDIZATION ;  ( E ) TO FACILITATE CONTRIBUTION OF COMMUNITY ORGANIZATIONS TOWARDS INTERNATIONAL STANDARDIZATION .  1.2 . PUBLIC PROCUREMENT  AIMS :  ( A ) TO DETERMINE THE MOST EFFICIENT METHODS FOR THE RAPID APPLICATION IN THE PUBLIC PROCUREMENT SECTOR OF STANDARDS ON WHICH AGREEMENT HAS BEEN REACHED ;  ( B ) TO EXAMINE THE MEASURES REQUIRED IN THE PUBLIC PROCUREMENT SECTOR TO ASSIST EUROPEAN INDUSTRY IN PREPARING FOR THE FULL APPLICATION OF THE RELEVANT COMMUNITY RULES ;  ( C ) TO COORDINATE NATIONAL EFFORTS CONCERNING THE GENERAL APPRAISAL OF SYSTEMS AND , IN CONJUNCTION WITH NATIONAL RESEARCH CENTRES IN THE FIELD OF DATA PROCESSING , TO LAY DOWN PRINCIPLES FOR THE ESTABLISHMENT OF APPRAISAL CRITERIA ;  ( D ) TO STUDY THE POSSIBILITY OF LAYING DOWN A NUMBER OF PRINCIPLES TO BE APPLIED IN THE EVALUATION OF TENDERS ;  ( E ) TO STUDY THE POSSIBILITY OF ESTABLISHING COMMON PRINCIPLES ON THE BASIS OF WHICH STANDARD CONDITIONS OF CONTRACT CAN BE DRAWN UP ;  ( F ) TO ORGANIZE EXCHANGES OF TECHNICAL EXPERIENCE BETWEEN NATIONAL DEPARTMENTS RESPONSIBLE FOR PUBLIC PROCUREMENT AND TO PROMOTE THESE EXCHANGES BY COORDINATING THE WORK OF NATIONAL RESEARCH CENTRES IN THE FIELD OF DATA PROCESSING ;  ( G ) TO COMPARE THE PROGRESS OF EUROPEAN INDUSTRY WITH THE MEASURES TAKEN BY THE MEMBER STATES IN THE AREA OF DATA-PROCESSING PROCUREMENT ; TO COLLECT THE NECESSARY STATISTICAL DATA ; TO FACILITATE THE ESTABLISHMENT OF EQUAL CONDITIONS FOR THE ACCESS OF COMPANIES TO COMMUNITY MARKETS WITHIN THE FRAMEWORK OF COUNCIL DIRECTIVE 77/62/EEC OF 21 DECEMBER 1976 COORDINATING PROCEDURES FOR THE AWARD OF PUBLIC SUPPLY CONTRACTS ( 6 ) ;  ( H ) TO IDENTIFY TOPICS LIKELY TO LEAD TO THE DEVELOPMENT OF PROJECTS OF COMMON INTEREST TO PUBLIC PROCUREMENT AGENCIES .  1.3 . GENERAL ASPECTS OF THE DATA-PROCESSING POLICY  1.3.1 . COLLABORATION IN RESEARCH AND DEVELOPMENT  AIMS :  ( A ) THE ESTABLISHMENT OF PROCEDURE FOR JOINT CONSULTATIONS BETWEEN RESEARCH CENTRES AND WITH THE COMMUNITY TO ENSURE EFFECTIVE CONTACT WITH THE COMMISSION IN THE FRAMEWORK OF THE COMMUNITY DATA-PROCESSING POLICY ;  ( B ) THE EXECUTION OR EXTENSION OF STUDIES IN SUPPORT OF THE USE OF INFORMATICS WHICH ARE DECIDED ON BY THE COUNCIL ( 7 ) ;  ( C ) A CONTRIBUTION TOWARDS THE STUDIES DECIDED ON BY THE COUNCIL IN THE FIELD OF SOFTWARE PORTABILITY ( 8 ) , AND TOWARDS THEIR DEVELOPMENT WITH REGARD TO SELECTION CRITERIA AND THE ASSESSMENT OF CERTAIN FACTORS ;  ( D ) THE ASSISTANCE OF EXPERTS IN CONTRIBUTING TOWARDS EXAMINATION OF TECHNICAL DOCUMENTS AS REGARDS THE AWARD OF CONTRACTS IN THE FIELD OF DATA PROCESSING ;  ( E ) THE DISCUSSION AND POSSIBLE DEFINITION OF RESEARCH PROJECTS IN THE CONTEXT OF THE COMMUNITY DATA-PROCESSING POLICY , FOR THE PURPOSE OF :  ( I ) PROMOTING COLLABORATION AND THE EXCHANGE OF RESULTS BETWEEN RESEARCH TEAMS , USERS AND GROUPS OF USERS ,  ( II ) POOLING OF RESOURCES ,  ( III ) DEVELOPING SOLUTIONS TO TRANSNATIONAL PROBLEMS ,  ( IV ) TRANSFERRING RESULTS TO INDUSTRY ,  ( V ) PROMOTING STANDARDIZATION ,  IN PARTICULAR BY SUPPORT FOR :  ( I ) THE MOBILITY OF RESEARCH WORKERS AND FOR OTHER FORMS OF COLLABORATION RELATING TO RESEARCH INTO REAL-TIME DATA PROCESSING , AND  ( II ) CONCERTING THE MEMBER STATES' RESEARCH ACTIVITIES IN THE FIELD OF NETWORK TECHNOLOGY .  1.3.2 . MEDIUM-TERM STUDY OF THE DATA-PROCESSING SECTOR  AIMS :  ( A ) CONTINUATION ON A PERMANENT BASIS OF THE WORK WHICH LED TO THE PREPARATION OF THE REPORT ON DEVELOPMENTS IN THE DATA-PROCESSING SECTOR REQUIRED UNDER THE COUNCIL RESOLUTION OF 15 JULY 1974 ON A COMMUNITY POLICY ON DATA PROCESSING ;  ( B ) WIDENING OF THE TERMS OF REFERENCE OF THE WORK TO INCLUDE FORWARD DATA IN THE MEDIUM AND LONG TERM . IN THIS CONTEXT , THE EXECUTION OF STUDIES OF THE MARKET AND THE PRIORITIES FOR POSSIBLE COMMON MEASURES IN THE FIELD OF PERI-INFORMATICS ;  ( C ) ESTABLISHMENT OF THE NECESSARY RELATIONS WITH ORGANIZATIONS WORKING IN SIMILAR FIELDS SO AS TO COMPARE THE RESULTS OBTAINED AND AVOID DUPLICATION ;  ( D ) PREPARATION OF AN ANNUAL CONSOLIDATED REPORT CONTAINING AN INTERPRETATION OF STATISTICAL DATA AND THE APPROPRIATE DIAGNOSES ;  ( E ) SYSTEMATIC STUDIES IN THE FIELD OF ELECTRONIC COMPONENT TECHNOLOGY WITH A VIEW TO DEFINING THE ASPECTS OF AND WAYS OF IMPLEMENTING PROJECTS WHICH WILL BE THE SUBJECT OF COMMISSION PROPOSALS UNDER THE COUNCIL RESOLUTION OF 11 SEPTEMBER 1979 ON A COMMUNITY PROJECT PROMOTING MICRO-ELECTRONIC TECHNOLOGY .  1.3.3 . EFFECTS OF DATA PROCESSING ON EMPLOYMENT AND ITS IMPACT ON SOCIETY  AIMS :  ( A ) INTRODUCTION , WITH THE GOVERNMENTS OF THE MEMBER STATES AND BOTH SIDES OF INDUSTRY , OF SUITABLE METHODS FOR ENSURING THE COLLECTION OF DATA OR THE HOLDING OF ANY NECESSARY DISCUSSIONS ON THE SUBJECT ;  ( B ) INCLUSION OF EMPLOYMENT PROBLEM IN THE MEDIUM - AND LONG-TERM STUDY OF THE DATA-PROCESSING SECTOR , INCLUDING REGIONAL ASPECTS ;  ( C ) OTHER ASPECTS OF THE IMPACT OF DATA PROCESSING ON SOCIETY , IN PARTICULAR TRAINING PROBLEMS .  1.3.4 . CONFIDENTIALITY AND DATA SECURITY  AIMS :  ( A ) FURTHER STUDIES ON CONFIDENTIALITY AND DATA SECURITY ;  ( B ) EXAMINATION OF LEGISLATION IN FORCE OR IN PREPARATION IN THE MEMBER STATES AND DISCUSSION OF HARMONIZATION POSSIBILITIES AND OF INSTRUMENTS WHICH MIGHT BE IMPLEMENTED AT COMMUNITY LEVEL ;  ( C ) DEVELOPMENT AT COMMUNITY LEVEL OF COOPERATION WITH NON-MEMBER STATES WITH A VIEW TO THE EXCHANGE OF KNOWLEDGE AND OF EXPERIENCE GAINED IN THIS FIELD .  1.3.5 . LEGAL PROTECTION FOR COMPUTER PROGRAMS  AIMS :  ( A ) CONSULTATION BY THE COMMISSION WITH THE CIRCLES CONCERNED ;  ( B ) DEVELOPMENT OF SUITABLE RELATIONS BETWEEN THE COMMISSION AND NATIONAL OR INTERNATIONAL BODIES DEALING WITH THE PROBLEM .  2 . PROMOTION MEASURES  2.1 . GENERAL OBJECTIVES AND CRITERIA  2.1.1 . THE PROGRAMME IS DESIGNED TO PROMOTE PROJECTS OF COMMUNITY INTEREST MEETING THE FOLLOWING OBJECTIVES :  ( A ) CONTRIBUTION TOWARDS STANDARDIZATION AND SOFTWARE PORTABILITY POLICIES ;  ( B ) BETTER USE OF DATA PROCESSING AND THE CREATION OF MORE UNIFORM MARKETS ;  ( C ) RATIONALIZATION OF PUBLIC EXPENDITURE ;  ( D ) DEVELOPMENT IN THE COMMUNITY OF A STRONG AND COMPETITIVE EUROPEAN DATA-PROCESSING INDUSTRY , IN PARTICULAR THROUGH INDUSTRIAL COOPERATION WHICH WOULD ENABLE IT TO ACHIEVE BETTER MARKET PENETRATION ;  ( E ) APPLICATIONS WHICH IMPROVE THE COMPETITIVENESS OF EUROPEAN INDUSTRY , THUS EXPANDING ITS SHARE OF EXPORTS TO MARKETS OF NON-MEMBER STATES .  2.1.2 . THE PROMOTION MEASURES CONCERN THE SOFTWARE AND APPLICATIONS SUB-SECTOR , WITH PRIORITY FOR ADA AND NEW TECHNOLOGICAL DEVELOPMENTS IN THE APPLICATION OF DISTRIBUTED DATA-BASE TECHNIQUES IN CONNECTION WITH TRANS-NATIONAL INFORMATION SYSTEMS .  2.1.3 . FINANCING WILL BE PROVIDED BY THE COMMUNITY SUPPORT SCHEME . SINCE UNDERTAKINGS SHOULD , IN PRINCIPLE , SEE THEMSELVES THAT THEIR DEVELOPMENT PROJECTS ARE IMPLEMENTED , THE SCHEME IS DESIGNED IN PARTICULAR TO SUPPLEMENT THE FINANCING OF PROJECTS PRESENTING TOO HIGH A DEGREE OF RISK TO BE ASSUMED BY THE PRIVATE SECTOR ALONE .  WITH A VIEW TO MAKING THE MOST EFFICIENT USE OF PUBLIC FUNDS IN THE COMMUNITY AND TO STRENGTHENING THE COMPETITIVENESS OF EUROPEAN INDUSTRY , NATIONAL PROGRAMMES AND MEASURES IN THIS SECTOR MUST BE COORDINATED , SO THAT NATIONAL PROGRAMMES AND THE COMMUNITY PROGRAMME BECOME COMPLEMENTARY ASPECTS CONTRIBUTING TO A COMMON EFFORT AND THEREBY HELP TO ESTABLISH BALANCED COMPETITION .  2.1.4 . ALL PROJECTS MUST SATISFY THE FOLLOWING GENERAL CRITERIA :  ( A ) STUDIES AND DEVELOPMENTS MUST BE CAPABLE OF BEING COMPLETED WITHIN THE SPACE OF FOUR YEARS ;  ( B ) THE PROJECT MUST NOT BE DEPENDENT ON A PRIOR PROCESS OF LEGAL OR OTHER HARMONIZATION ;  ( C ) IMPLEMENTATION OF A PROJECT AT COMMUNITY LEVEL MUST BRING ECONOMIC OR TECHNICAL BENEFITS ; SUCH BENEFITS MUST BE GREATER THAN THOSE IT WOULD ACHIEVE AT NATIONAL LEVEL , WHERE , IN THE ABSENCE OF COMMUNITY AID , THE PROJECT COULD NOT BE IMPLEMENTED , OR COULD BE IMPLEMENTED ONLY WITH DIFFICULTY ;  ( D ) ENCOURAGEMENT WILL BE GIVEN TO PROJECTS INVOLVING INDUSTRIAL COOPERATION BETWEEN UNDERTAKINGS FROM DIFFERENT MEMBER STATES . THE EFFICIENCY OF THE PROPOSED METHOD OF COOPERATION WILL THEREFORE BE A FACTOR IN THE ASSESSMENT , THE AIM BEING TO FOSTER THE DEVELOPMENT OF COMMERCIALLY VIABLE INDUSTRIAL STRUCTURES ADAPTED TO THE EUROPEAN SCALE AND TO STRENGTHEN COMPETITION ;  ( E ) PROJECTS PROPOSED BY USERS SHOULD BE BASED ON COOPERATION ON A SCALE OF MORE THAN ONE MEMBER STATE ;  ( F ) ANY SOFTWARE DEVELOPED IN THESE PROJECTS MUST BE PORTABLE .  2.2 . SOFTWARE AND APPLICATIONS  2.2.1 . GENERAL SOFTWARE  SUPPORT MAY BE GRANTED FOR STUDIES AND PROJECTS ON THE DEVELOPMENT OF GENERAL SOFTWARE WHICH , IN ADDITION TO SATISFYING THE GENERAL CRITERIA SET OUT UNDER 2.1.4 , MEET ONE OR MORE OF THE FOLLOWING OBJECTIVES :  ( A ) THE IMPLEMENTATION AND DIFFUSION OF STANDARDS AND NORMS ;  ( B ) IMPROVED PORTABILITY ;  ( C ) IMPROVED CONVERSION CONDITIONS ;  ( D ) GREATER EFFICIENCY OF DATA-PROCESSING SYSTEMS ;  ( E ) THE DEVELOPMENT OF NETWORK MANAGEMENT TECHNIQUES OR OF TECHNIQUES RELATING TO DISTRIBUTED DATA PROCESSING , WITH A VIEW TO A MORE GENERAL USE OF COMMUNITY STANDARDS AND NORMS .  2.2.2 . APPLICATIONS  SUPPORT MAY BE GRANTED FOR APPLICATIONS WHICH , IN ADDITION TO SATISFYING THE GENERAL CRITERIA SET OUT IN 2.1.4 , POSSESS ONE OR MORE OF THE FOLLOWING FEATURES :  ( A ) APPLICATIONS OF A TRANSNATIONAL CHARACTER ( E . G . ENVIRONMENTAL MONITORING , AIR , SEA AND LAND TRAFFIC CONTROL , INTERNATIONAL TRANSPORT OPERATIONS , CUSTOMS ) ;  ( B ) APPLICATIONS WHICH HELP , THROUGH DATA PROCESSING , TO FULFILL SPECIFIC EUROPEAN ECONOMIC COMMUNITY POLICY AIMS ( E . G . FREE MOVEMENT OF LABOUR AND CAPITAL , INTERNATIONAL COMMUNICATIONS , AGRICULTURAL AND REGIONAL POLICIES , ENERGY POLICY , ENVIRONMENTAL PROTECTION , SOCIAL POLICY ) ;  ( C ) APPLICATIONS WHICH MAKE FOR OBVIOUS SAVINGS IN PUBLIC EXPENDITURE THROUGH EITHER A JOINT STUDY OR JOINT DEVELOPMENT ( E . G . HEALTH , MEDICAL AND EDUCATIONAL APPLICATIONS LIKELY TO BE IMPLEMENTED IN MORE THAN ONE MEMBER STATE ) ;  ( D ) APPLICATIONS WHICH INCREASE PRODUCTIVITY AND COMPETITIVENESS IN ECONOMIC SECTORS IMPORTANT TO THE COMMUNITY THROUGH EFFECTIVE APPLICATION , TAKING PARTICULAR ACCOUNT OF STANDARDIZATION OBJECTIVES , OF DATA-PROCESSING TECHNIQUES , SUCH AS COMPUTER-AIDED DESIGN ( CAD ) , PROCESS AND INDUSTRIAL CONTROL SYSTEMS AND AUTOMATED ADMINISTRATIVE SYSTEMS , WHERE A COMMON NEED ARISES ;  ( E ) APPLICATIONS WHOSE IMPLEMENTATION AT COMMUNITY LEVEL IS SUCH AS TO HAVE A SIGNIFIANT IMPACT ON STANDARDS ON A COMMUNITY SCALE AND ON STRATEGIC DEVELOPMENTS IN THE FIELD OF DISTRIBUTED DATA PROCESSING , SUCH AS NETWORKS , DATA COMMUNICATION , ETC .  2.3 . PERI-INFORMATICS AND MICRO-ELECTRONIC TECHNOLOGY  IN THE LIGHT OF DEVELOPMENTS IN THE PROGRAMME AND OF STUDIES CARRIED OUT WITHIN THE FRAMEWORK OF THOSE REFERRED TO IN 1.3.2 , THE COMMISSION WILL BE ABLE TO SUBMIT TO THE COUNCIL PROPOSALS ON SUPPORT FOR THESE ASPECTS AND ON OTHER ASPECTS .  CRITERIA AND MORE PRECISE OBJECTIVES SHALL BE DRAWN UP IN THE LIGHT OF THE STUDIES UNDERTAKEN AND OF CONSULTATION BETWEEN THE MEMBER STATES IN THE ADVISORY COMMITTEE FOR THE MANAGEMENT AND COORDINATION OF DATA-PROCESSING PROGRAMMES . THE OBJECTIVE OF SUCH CONSULTATION WILL BE TO INSERT IN THE COMMUNITY FRAMEWORK ANY PROMOTION PROGRAMME WHICH MAY APPEAR NECESSARY .


title: 2007/811/EC,Euratom: Decision of the Representatives of the Governments of the Member States of 5 December 2007 appointing a judge to the Court of Justice of the European Communities

text:
               11.12.2007

               EN

               Official Journal of the European Union

               L 325/89

      DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES

   of 5 December 2007
   appointing a judge to the Court of Justice of the European Communities
   (2007/811/EC, Euratom)
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 223 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 139 thereof,
   Whereas:
   Pursuant to Articles 5 and 7 of the Protocol on the Statute of the Court of Justice and as a result of the resignation of Mr Romain SCHINTGEN, a judge should be appointed for the remainder of Mr Romain SCHINTGEN’s term of office, which ends on 6 October 2009,
   HAVE DECIDED AS FOLLOWS:
   Article 1
   Mr Jean-Jacques KASEL is hereby appointed judge to the Court of Justice of the European Communities from the date of his swearing-in until 6 October 2009.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 5 December 2007.

            The President

         A. MENDONÇA E MOURA


Avis juridique important

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32004D0308

2004/308/EC: Commission Decision of 2 April 2004 conferring management of aid on implementing agencies for a preaccession measure in agriculture and rural development in the Republic of Slovenia in the preaccession period

Official Journal L 099 , 03/04/2004 P. 0059 - 0060

Commission Decisionof 2 April 2004conferring management of aid on implementing agencies for a preaccession measure in agriculture and rural development in the Republic of Slovenia in the preaccession period(2004/308/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1266/1999 of 21 June 1999 on coordinating aid to the applicant countries in the framework of the preaccession strategy and amending Regulation (EEC) No 3906/89(1), and in particular Article 12(2) thereof,Having regard to Council Regulation (EC) No 1268/1999 of 21 June 1999 on Community support for preaccession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the preaccession period(2), and in particular Article 4(5) and (6) thereof,Whereas:(1) The Special accession programme for agriculture and rural development for the Republic of Slovenia (hereinafter "Sapard") was approved by Commission Decision of 27 October 2000(3), and last amended by Commission Decision of 24 November 2003 in accordance with Article 4(5) of Regulation (EC) No 1268/1999.(2) The Government of the Republic of Slovenia and the Commission, acting on behalf of the European Community, signed on 5 March 2001 the Multiannual Financing Agreement laying down the technical, legal and administrative framework for the implementation of the Sapard programme, as last amended by the Annual Financing Agreement for 2003, which finally entered into force on 11 November 2003.(3) A Sapard agency, the Agency of the Republic of Slovenia for Agricultural Markets and Rural Development, has been appointed by the competent authority of the Republic of Slovenia for the implementation of some of the measures defined in Sapard. National Fund of the Ministry of Finance,, has been appointed for the financial functions it is due to perform in the framework of the implementation of Sapard.(4) On the basis of a case-by-case analysis of the national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance, as provided for in Article 12(2) of Regulation (EC) No 1266/1999, the Commission adopted Decision 2001/820/EC of 19 November 2001 conferring management of aid on implementing agencies for preaccession measures in agriculture and rural development in the Republic of Slovenia in the preaccession period(4) with regard to certain measures provided for in Sapard.(5) The Commission has since undertaken a further analysis under Article 12(2) of Regulation (EC) No 1266/1999 in respect of measure 5 "Technical Assistance" (hereinafter "measure 5") as provided for in Sapard. The Commission considers that, also with regard to that measure, the Republic of Slovenia complies with the provisions of Articles 4 to 6 to and the Annex to Commission Regulation (EC) No 2222/2000 of 7 June 2000 laying down financial rules for the application of Council Regulation (EC) No 1268/1999 on Community support for preaccession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the preaccession period(5) and with the minimum conditions set out in the Annex to Regulation (EC) No 1266/1999.(6) It is therefore appropriate to waive the ex ante approval requirement provided for in Article 12(1) of Regulation (EC) No 1266/1999 and to confer, with regard to measure 5, on the Agency of the Republic of Slovenia for Agricultural Markets and Rural Development, and on the National Fund in the Republic of Slovenia, the management of aid on a decentralised basis.(7) Since the verifications carried out by the Commission for measure 5 are based on a system that is not yet fully operating with regard to all relevant elements, however, it is appropriate to confer the management of Sapard on the Agency of the Republic of Slovenia for Agricultural Markets and Rural Development, and on the National Fund, according to Article 3(2) of Regulation (EC) No 2222/2000, on a provisional basis.(8) Full conferral of management of Sapard is only envisaged after further verifications to ensure that the system operates satisfactorily have been carried out and after any recommendations which the Commission may issue with regard to the conferral of management of aid on the Agency of the Republic of Slovenia for Agricultural Markets and Rural Development and on the National Fund have been implemented.(9) On 14 November 2001 the Slovene Authorities proposed the rules for eligibility of expenditure in accordance with Article 4(1) of section B of the Multiannual Financing Agreement. This list was partially modified by the letter of 21 August 2003. The Commission is called upon to take a decision in this respect.(10) According to the second indent of Article 9(1) of Regulation (EC) No 2222/2000 expenditure with regard to technical assistance incurred by the beneficiary before the date of the Commission decision conferring management may be reimbursable. It is therefore appropriate to fix the date as of which such expenditure may be reimbursed,HAS DECIDED AS FOLLOWS:Article 1The requirement of ex ante approval by the Commission of project selection and contracting for measure 5 by the Republic of Slovenia provided for in Article 12(1) of Regulation (EC) No 1266/1999 is hereby waived.Article 2Management of Sapard is conferred on a provisional basis to:1. the Agency of the Republic of Slovenia for Agricultural Markets and Rural Development, located at Dunajska Str. 160, 1000 Ljublana, Republic of Slovenia for the implementation of measure 5 of Sapard as defined in the programme for agriculture and rural development that was approved by the abovementioned Commission decision; and2. the National Fund, within the Ministry of Finance of the Republic of Slovenia, located at Beethovnova Str. 11, 1502 Lubljana, Republic of Slovenia, for the financial functions it is due to perform in the framework of the implementation of Sapard for measure 5 for the Republic of Slovenia.Article 3Expenditure within measure 5 shall be eligible for Community co-finance from 27 October 2000, provided in all cases it has not been paid by the Sapard agency prior to the date of adoption of this decision.Article 4Without prejudice to any decision granting aid under Sapard to individual beneficiaries, the rules for eligibility of expenditures concerning measure 5 as proposed by the Republic of Slovenia in the letter of 21 August 2003, registered in the Commission under No AGR A/29346 shall apply.Done at Brussels, 2 April 2004.For the CommissionFranz FischlerMember of the Commission(1) OJ L 161, 26.6.1999, p. 68.(2) OJ L 161, 26.6.1999, p. 87. Regulation as last amended by Regulation (EC) No 696/2003 (OJ L 99, 17.4.2003, p. 24).(3) C(2000) 3138 final.(4) OJ L 307, 24.11.2001, p. 25.(5) OJ L 253, 7.10.2000, p. 5; Regulation as last amended by Regulation (EC) No 188/2003 (OJ L 27, 1.2.2003, p. 14).


title: Council and Commission Decision (EU, Euratom) 2015/54 of 17 November 2014 on the position to be taken on behalf of the European Union and the European Atomic Energy Community within the Association Council established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, as regards the adoption of decisions of the Association Council on the Rules of Procedure of the Association Council and those of the Association Committee and of Sub-Committees, the establishment of two Sub-Committees, and the delegation of certain powers by the Association Council to the Association Committee in Trade configuration

text:
               15.1.2015

               EN

               Official Journal of the European Union

               L 9/31

         COUNCIL AND COMMISSION DECISION (EU, Euratom) 2015/54
   of 17 November 2014
   on the position to be taken on behalf of the European Union and the European Atomic Energy Community within the Association Council established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, as regards the adoption of decisions of the Association Council on the Rules of Procedure of the Association Council and those of the Association Committee and of Sub-Committees, the establishment of two Sub-Committees, and the delegation of certain powers by the Association Council to the Association Committee in Trade configuration
   THE COUNCIL OF THE EUROPEAN UNION,
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(9) thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 101 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article 431 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (1) (‘the Agreement’), provides for provisional application of the Agreement in part.

               (2)

               Article 3 of Council Decision 2014/494/EU (2) specifies which parts of the Agreement are to be applied provisionally.

               (3)

               Pursuant to Article 405(2) of the Agreement, the Association Council is to establish its own rules of procedure.

               (4)

               Pursuant to Article 405(3) of the Agreement, the Association Council is to be chaired alternately by a representative of the Union and a representative of Georgia.

               (5)

               Pursuant to Article 407(1) of the Agreement, the Association Council is to be assisted in the performance of its duties and functions by an Association Committee whereas pursuant to Article 408(1) of the Agreement the Association Council is to determine in its rules of procedure the duties and functioning of the Association Committee.

               (6)

               Pursuant to Article 409(2) of the Agreement, the Association Council may decide to set up any special committee or body in specific areas necessary for the implementation of the Agreement to assist the Association Council in carrying out its duties. Pursuant to Article 409(3) of the Agreement, the Association Committee may also create sub-committees.

               (7)

               Pursuant to Article 404(1) of the Agreement, the Association Council is responsible for supervising and monitoring the application and implementation of the Agreement. In accordance with Article 408(2) of the Agreement the Association Council may delegate to the Association Committee any of its powers, including the power to take binding decisions. The Association Council should delegate the power to update or amend the Annexes to the Agreement which relate to Chapters 1, 3, 5, 6 (Annex XV-C to the Agreement) and 8 of Title IV (Trade and Trade-related Matters) of the Agreement, pursuant to Article 406(3) and Article 408(2) of the Agreement, to the Association Committee in Trade configuration, as set out in Article 408(4) of the Agreement, to the extent that there are no specific provisions in those Chapters relating to the updating or the amendment of those Annexes.

               (8)

               In order to ensure the effective implementation of the Agreement, the Rules of Procedure of the Association Council and those of the Association Committee and of Sub-Committees should be adopted as soon as possible and it should be possible to adopt them by written procedure.

               (9)

               The position of the Union within the Association Council should therefore be based on the attached draft Decisions,

         HAVE ADOPTED THIS DECISION:
   Article 1
   1.   The position to be taken on behalf of the European Union and the European Atomic Energy Community within the Association Council established by Article 404 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part, shall be based on the draft decisions of the Association Council attached to this Decision as regards:

               —

               the adoption of the Rules of Procedure of the Association Council and those of the Association Committee and of Sub-Committees,

               —

               the establishment of two Sub-Committees, and

               —

               the delegation of certain powers by the Association Council to the Association Committee in Trade configuration, as set out in Article 408(4) of the Agreement.

         2.   Minor technical changes to the draft decisions of the Association Council may be agreed by the representatives of the Union in the Association Council without further decision of the Council of the European Union.
   Article 2
   The Association Council shall be chaired on the Union side by the High Representative of the Union for Foreign Affairs and Security Policy in his or her capacity as President of the Foreign Affairs Council of the European Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 17 November 2014.

            For the Council

            The President

         F. MOGHERINI

            For the Commission

            The President

         J.-C. JUNCKER

      (1)  OJ L 261, 30.8.2014, p. 4.

      (2)  Council Decision 2014/494/EU of 16 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (OJ L 261, 30.8.2014, p. 1).

      DRAFT
      DECISION No 1/2014 OF THE EU-GEORGIA ASSOCIATION COUNCIL
      of …
      adopting its Rules of Procedure and those of the Association Committee and of Sub-Committees
      THE EU-GEORGIA ASSOCIATION COUNCIL,
      Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (1) (‘the Agreement’), and in particular Article 404 thereof,
      Whereas:

                  (1)

                  In accordance with Article 431 of the Agreement, parts of the Agreement have been applied provisionally as of 1 September 2014.

                  (2)

                  Pursuant to Article 405(2) of the Agreement, the Association Council is to establish its own rules of procedure.

                  (3)

                  Pursuant to Article 407(1) of the Agreement, the Association Council is to be assisted in the performance of its duties and functions by an Association Committee whereas pursuant to Article 408(1) of the Agreement the Association Council is to determine in its rules of procedure the duties and functioning of the Association Committee,

            HAS ADOPTED THIS DECISION:
      Article 1
      The Rules of Procedure of the Association Council and those of the Association Committee and of Sub-Committees, as set out in Annexes I and II respectively, are hereby adopted.
      Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at …,

               For the Association Council

               The Chair

         (1)  OJ L 261, 30.8.2014, p. 4.

         ANNEX I

            RULES OF PROCEDURE OF THE ASSOCIATION COUNCIL

         Article 1
         General provisions
         1.   The Association Council established in accordance with Article 404(1) of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (‘the Agreement’), shall perform its duties as provided for in Articles 404 and 406 of the Agreement.
         2.   As provided for in Article 405(1) of the Agreement, the Association Council shall be composed of members of the Council of the European Union and members of the European Commission, of the one part, and of members of the Government of Georgia, of the other. The composition of the Association Council shall take into consideration the specific issues to be addressed at any given meeting. The Association Council shall meet at ministerial level.
         3.   As provided for in Article 406(1) of the Agreement, and for the purpose of attaining the objectives thereof, the Association Council shall have the power to take decisions that are binding upon the Parties. The Association Council shall take appropriate measures for the implementation of its decisions, including if necessary by empowering specific bodies established under the Agreement to act on its behalf. The Association Council may also make recommendations. It shall adopt its decisions and recommendations by agreement between the Parties after the completion of the respective internal procedures for their adoption. The Association Council may delegate its powers to the Association Committee.
         4.   The Parties in these Rules of Procedure are those as defined in Article 428 of the Agreement.
         Article 2
         Chairmanship
         The Parties shall hold the chairmanship of the Association Council, alternately, for a period of 12 months. The first period shall begin on the date of the first Association Council meeting and end on 31 December of the same year.
         Article 3
         Meetings
         1.   The Association Council shall meet at least once a year, and when circumstances require, by mutual agreement of the Parties. Unless otherwise agreed by the Parties, the Association Council shall be held at the usual venue for meetings of the Council of the European Union.
         2.   Each session of the Association Council shall be held at a date agreed by the Parties.
         3.   The meetings of the Association Council shall be convened jointly by the Secretaries of the Association Council, in agreement with the Chair of the Association Council no later than 30 calendar days before the date of the meeting.
         Article 4
         Representation
         1.   The members of the Association Council may be represented if unable to attend. If a member wishes to be so represented, he or she shall notify in writing the Chair of the Association Council of the name of his or her representative before the meeting at which the member is to be so represented.
         2.   The representative of a member of the Association Council shall exercise all the rights of that member.
         Article 5
         Delegations
         1.   The members of the Association Council may be accompanied by officials. Before each meeting, the Chair of the Association Council shall be informed, through the Secretariat of the Association Council, of the intended composition of the delegation of each Party.
         2.   The Association Council may, by agreement between the Parties, invite representatives of other bodies of the Parties or independent experts in a subject-area to attend its meetings as observers or in order to provide information on particular subjects. The Parties shall agree on the terms and conditions under which those observers may attend the meetings.
         Article 6
         Secretariat
         An official of the General Secretariat of the Council of the European Union and an official of Georgia shall act jointly as Secretaries of the Association Council.
         Article 7
         Correspondence
         1.   Correspondence addressed to the Association Council shall be directed to the Secretary of either the Union or of Georgia who in turn will inform the other Secretary.
         2.   The Secretaries of the Association Council shall ensure that correspondence is forwarded to the Chair of the Association Council and, where appropriate, circulated to the members of the Association Council.
         3.   Correspondence so circulated shall be sent, as appropriate, to the General Secretariat of the European Commission, the European External Action Service, the Permanent Representations of the Member States to the European Union and to the General Secretariat of the Council of the European Union, as well as to the Mission of Georgia to the European Union.
         4.   Communications from the Chair shall be sent to the addressees by the Secretaries on behalf of the Chair. Such communications shall be circulated, where appropriate, to the members of the Association Council as provided for in paragraph 3.
         Article 8
         Confidentiality
         Unless otherwise decided by the Parties, the meetings of the Association Council shall not be public. When a Party submits information designated as confidential to the Association Council, the other Party shall treat that information as such.
         Article 9
         Agendas for meetings
         1.   The Chair of the Association Council shall draw up a provisional agenda for each meeting of the Association Council. It shall be dispatched by the Secretaries of the Association Council to the addressees referred to in Article 7 no later than 15 calendar days before the meeting.
         The provisional agenda shall include the items in respect of which the Chair has received a request for inclusion on the agenda no later than 21 calendar days before the beginning of the meeting. Such items shall not be written into the provisional agenda unless the relevant supporting documents have been sent to the Secretaries before the date of dispatch of the agenda.
         2.   The agenda shall be adopted by the Association Council at the beginning of each meeting. Any item other than those appearing on the provisional agenda may be placed on the agenda if the Parties so agree.
         3.   The Chair may reduce, in consultation with the Parties, the time-limits specified in paragraph 1 in order to take account of the requirements of a particular case.
         Article 10
         Minutes
         1.   Draft minutes of each meeting shall be drawn up jointly by the Secretaries of the Association Council.
         2.   The minutes shall, as a general rule, indicate in respect of each item on the agenda:

                     (a)

                     the documentation submitted to the Association Council;

                     (b)

                     statements which a member of the Association Council requested to be entered in the minutes; and

                     (c)

                     issues agreed upon by the Parties, such as decisions adopted, statements agreed upon and any conclusions.

               3.   The draft minutes shall be submitted to the Association Council for approval. The Association Council shall approve those draft minutes at its next meeting. Alternatively, those draft minutes can be approved in writing.
         Article 11
         Decisions and recommendations
         1.   The Association Council shall take decisions and make recommendations by mutual agreement between the Parties and on completion of the respective internal procedures.
         2.   The Association Council may also take decisions or make recommendations by written procedure if the Parties so agree. For this purpose, the text of the proposal shall be circulated in writing by the Chair of the Association Council to its members pursuant to Article 7, with a time-limit of no less than 21 calendar days within which members shall make known any reservations or amendments they wish to make. The Chair may reduce the aforementioned time-limit in order to take account of the requirements of a particular case, in consultation with the Parties.
         3.   The acts of the Association Council, within the meaning of Article 406(1) of the Agreement, shall be entitled ‘Decision’ or ‘Recommendation’ respectively, followed by a serial number, the date of their adoption and a description of their subject-matter. Those decisions and recommendations of the Association Council shall be signed by the Chair and authenticated by the Secretaries of the Association Council. Those decisions and recommendations shall be circulated to each of the addressees referred to in Article 7 of these Rules of Procedure. Each Party may decide on the publication of the decisions and recommendations of the Association Council in its respective official publication.
         4.   Each decision of the Association Council shall enter into force on the date of its adoption unless the decision provides otherwise.
         Article 12
         Languages
         1.   The official languages of the Association Council shall be the official languages of the Parties.
         2.   Unless otherwise decided, the Association Council shall base its deliberations on documentation prepared in those languages.
         Article 13
         Expenses
         1.   Each Party shall meet any expenses which it incurs as a result of participating in the meetings of the Association Council, both with regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure.
         2.   Expenditure in connection with interpretation at meetings, translation and reproduction of documents shall be borne by the Union. In the event that Georgia requires interpretation or translation into and from languages other than those provided for in Article 12, expenses related thereto shall be borne by Georgia.
         3.   Other expenditure relating to the material organisation of meetings shall be borne by the Party which hosts the meetings.
         Article 14
         Association Committee
         1.   In accordance with Article 407(1) of the Agreement, the Association Council shall be assisted in carrying out its duties and functions by the Association Committee. The Association Committee shall be composed of representatives of the Parties, in principle at senior civil servant level.
         2.   The Association Committee shall prepare the meetings and the deliberations of the Association Council, implement the decisions of the Association Council where appropriate and ensure continuity of the association relationship and the proper functioning of the Agreement in general. The Association Committee shall consider any matter referred to it by the Association Council as well as any other matter which may arise in the course of the implementation of the Agreement. The Association Committee shall submit proposals or any draft decisions or recommendations to the Association Council for its approval. In accordance with Article 408(2) of the Agreement, the Association Council may delegate the power to take decisions to the Association Committee.
         3.   The Association Committee shall take the decisions and make the recommendations for which it has been authorised under the Agreement.
         4.   In cases where the Agreement refers to an obligation to consult or a possibility of consultation or where the Parties decide by mutual agreement to consult each other, such consultation may take place within the Association Committee, except as otherwise provided for in the Agreement. The consultation may continue in the Association Council if the Parties so agree.
         Article 15
         Amendment of Rules of Procedure
         These Rules of Procedure may be amended in accordance with Article 11.

         ANNEX II

            RULES OF PROCEDURE OF THE ASSOCIATION COMMITTEE AND OF SUB-COMMITTEES

         Article 1
         General provisions
         1.   The Association Committee established in accordance with Article 407(1) of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (‘the Agreement’), shall assist the Association Council in the performance of its duties and functions and perform the tasks provided for in the Agreement and assigned to it by the Association Council. Pursuant to Article 408(1) of the Agreement, the Association Council shall determine in its Rules of Procedure the duties and functioning of the Association Committee.
         2.   The Association Committee shall prepare the meetings and the deliberations of the Association Council, implement the decisions of the Association Council where appropriate and ensure continuity of the association relationship and the proper functioning of the Agreement in general. The Association Committee shall consider any matter referred to it by the Association Council as well as any other matter which may arise in the course of the day-to-day implementation of the Agreement. The Association Committee shall submit proposals or any draft decisions or recommendations for adoption to the Association Council.
         3.   As provided for in Article 407(2) of the Agreement, the Association Committee shall be composed of representatives of the Parties, in principle at senior civil servant level, who are responsible for specific issues to be addressed at any given meeting.
         4.   Pursuant to Article 408(4) of the Agreement, when the Association Committee in Trade configuration, as set out in Article 408(4) of the Agreement (‘the Association Committee in Trade configuration’), performs the tasks conferred upon it under Title IV of the Agreement, it shall be composed of senior officials of the European Commission and of Georgia who are responsible for trade and trade-related matters. A representative of the European Commission or of Georgia who is responsible for trade and trade-related matters shall act as Chair of the Association Committee in Trade configuration in accordance with Article 2 of these Rules of Procedure. The meetings will also be attended by a representative of the European External Action Service.
         5.   As provided for in Article 408(3) of the Agreement the Association Committee shall have the power to adopt decisions in the cases provided for in the Agreement and in areas in which the Association Council has delegated powers to it. Those decisions shall be binding upon the Parties, which shall take appropriate measures to implement them. The Association Committee shall adopt its decisions by agreement between the Parties after the completion of the respective internal procedures for their adoption.
         6.   The Parties in these Rules of Procedure shall be defined as provided for in Article 428 of the Agreement.
         Article 2
         Chairmanship
         The Parties shall hold the chairmanship of the Association Committee, alternately, for a period of 12 months. The first period shall begin on the date of the first Association Council meeting and end on 31 December of the same year.
         Article 3
         Meetings
         1.   Save as otherwise agreed by the Parties, the Association Committee shall meet regularly, at least once a year. Special sessions of the Association Committee may be held at the request of either Party, if the Parties so agree.
         2.   Each meeting of the Association Committee shall be convened by its Chair at a place and on a date agreed by the Parties. The notice convening the meeting shall be issued by the Secretariat of the Association Committee no later than 28 calendar days prior to the start of the meeting, unless the Parties agree otherwise.
         3.   The Association Committee in Trade configuration shall meet at least once a year and when circumstances require. Each meeting shall be convened by the Chair of the Association Committee in Trade configuration at a location, on a date and by the means agreed by the Parties. The notice convening the meeting shall be issued by the Secretariat of the Association Committee in Trade configuration no later than 15 calendar days prior to the start of the meeting, unless the Parties agree otherwise.
         4.   Whenever possible, the regular meeting of the Association Committee shall be convened in due time in advance of the regular meeting of the Association Council.
         5.   By way of exception and if the Parties so agree, the meetings of the Association Committee may be held by any agreed technological means such as video-conference.
         Article 4
         Delegations
         Before each meeting, the Parties shall be informed, through the Secretariat of the Association Committee, of the intended composition of the delegations attending the meeting on either side.
         Article 5
         Secretariat
         1.   An official of the Union and an official of Georgia shall act jointly as Secretaries of the Association Committee and shall execute secretarial tasks in a joint manner unless these Rules of Procedure provide otherwise, in a spirit of mutual trust and cooperation.
         2.   An official of the European Commission and an official of Georgia who are responsible for trade and trade-related matters shall act jointly as Secretaries of the Association Committee in Trade configuration.
         Article 6
         Correspondence
         1.   Correspondence addressed to the Association Committee shall be directed to the Secretary of the Association Committee of either Party, who in turn will inform the other Secretary.
         2.   The Secretariat of the Association Committee shall ensure that correspondence addressed to the Association Committee is forwarded to the Chair of the Association Committee and circulated, where appropriate, as documents referred to in Article 7.
         3.   Correspondence from the Chair shall be sent to the Parties by the Secretariat on behalf of the Chair. Such correspondence shall be circulated, where appropriate, as provided for in Article 7.
         Article 7
         Documents
         1.   Documents shall be circulated through the Secretaries of the Association Committee.
         2.   A Party shall transmit its documents to its Secretary. The Secretary shall transmit those documents to the Secretary of the other Party.
         3.   The Secretary of the Union shall circulate the documents to the relevant representatives of the Union and shall copy systematically the Secretary of Georgia in such correspondence.
         4.   The Secretary of Georgia shall circulate the documents to the relevant representatives of Georgia and shall copy systematically the Secretary of the Union in such correspondence.
         Article 8
         Confidentiality
         Unless otherwise decided by the Parties, the meetings of the Association Committee shall not be public. When a Party submits information designated as confidential to the Association Committee, the other Party shall treat that information as such.
         Article 9
         Agendas for meetings
         1.   A provisional agenda for each meeting of the Association Committee as well as draft operational conclusions as provided for in Article 10, shall be drawn up by the Secretariat of the Association Committee on the basis of proposals made by the Parties. The provisional agenda shall include items in respect of which the Secretariat of the Association Committee has received a request for inclusion in the agenda by a Party, supported by relevant documents, no later than 21 calendar days before the date of the meeting.
         2.   The provisional agenda, together with the relevant documents, shall be circulated as provided for in Article 7 no later than 15 calendar days before the beginning of the meeting.
         3.   The agenda shall be adopted by the Association Committee at the beginning of each meeting. Items other than those appearing on the provisional agenda may be placed on the agenda if the Parties so agree.
         4.   The Chair of the meeting of the Association Committee may, upon agreement of the other Party, invite representatives of other bodies of the Parties or independent experts in a subject area on an ad hoc basis to attend its meetings in order to provide information on specific subjects. The Parties shall ensure that those observers or experts respect any confidentiality requirements.
         5.   The Chair of the meeting of the Association Committee may reduce, in consultation with the Parties, the time-limits provided for in paragraphs 1 and 2 in order to take account of special circumstances.
         Article 10
         Minutes and operational conclusions
         1.   Draft minutes of each meeting of the Association Committee shall be drawn up jointly by the Secretaries of the Association Committee.
         2.   The minutes shall, as a general rule, indicate in respect of each item on the agenda:

                     (a)

                     a list of participants at the meeting, a list of officials accompanying them and a list of any observers or experts who attended the meeting;

                     (b)

                     the documentation submitted to the Association Committee;

                     (c)

                     statements which the Association Committee requested to be entered in the minutes; and

                     (d)

                     operational conclusions from the meeting, as provided in paragraph 4.

               3.   The draft minutes shall be submitted to the Association Committee for approval. The Association Committee shall approve those draft minutes at its next meeting. Alternatively, those draft minutes can be approved in writing. The draft minutes of the Association Committee in Trade configuration shall be approved within 28 calendar days of each meeting. A copy shall be sent to each of the addressees referred to in Article 7.
         4.   Draft operational conclusions of each meeting shall be drawn up by the Secretary of the Association Committee of the Party holding the chairmanship of the Association Committee, and circulated to the Parties together with the agenda, normally no later than 15 calendar days before the beginning of the meeting. That draft shall be updated as the meeting proceeds so that at the end of the meeting, unless agreed otherwise by the Parties, the Association Committee adopts the operational conclusions, reflecting the follow-up actions agreed by the Parties. Once agreed, the operational conclusions shall be attached to the minutes and their implementation shall be reviewed during any subsequent meeting of the Association Committee. To that end, the Association Committee shall adopt a template, allowing for each action point to be tracked against a specific deadline.
         Article 11
         Decisions and recommendations
         1.   In specific cases where the Agreement confers the power to take decisions or where such power has been delegated to it by the Association Council, the Association Committee shall take decisions. The Association Committee shall also make recommendations. Decisions and recommendations shall be made by mutual agreement between the Parties and on completion of the respective internal procedures. Each decision or recommendation shall be signed by the Chair of the Association Committee and authenticated by the Secretaries of the Association Committee.
         2.   The Association Committee may take decisions or make recommendations by written procedure if the Parties so agree. The written procedure shall consist of an exchange of notes between the Secretaries, acting in agreement with the Parties. For that purpose, the text of the proposal shall be circulated pursuant to Article 7, with a time-limit of no less than 21 calendar days within which any reservations or amendments shall be made known. The Chair may reduce the time-limits specified in this paragraph in order to take account of special circumstances, in consultation with the Parties. Once the text is agreed, the decision or recommendation shall be signed by the Chair and authenticated by the Secretaries.
         3.   The acts of the Association Committee shall be entitled ‘Decision’ or ‘Recommendation’ respectively. Each decision shall enter into force on the date of its adoption unless it provides otherwise.
         4.   The decisions and recommendations shall be circulated to the Parties.
         5.   Each Party may decide on the publication of the decisions and recommendations of the Association Committee in its respective official publication.
         Article 12
         Reports
         The Association Committee shall report to the Association Council on its activities and those of its sub-committees, working groups and other bodies at each regular meeting of the Association Council.
         Article 13
         Languages
         1.   The official languages of the Association Committee shall be the official languages of the Parties.
         2.   The working languages of the Association Committee shall be English and Georgian. Unless otherwise decided, the Association Committee shall base its deliberations on documentation prepared in those languages.
         Article 14
         Expenses
         1.   Each Party shall meet any expenses it incurs as a result of participating in the meetings of the Association Committee, both with regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure.
         2.   Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.
         3.   Expenditure in connection with interpreting at meetings and translation of documents into or from English and Georgian as referred to in Article 13(1) shall be borne by the Party hosting the meeting.
         Interpreting and translation into or from other languages shall be borne directly by the requesting Party.
         4.   In cases where translation of documents into the official languages of the Union is necessary, the expenditure shall be borne by the Union.
         Article 15
         Amendment of Rules of Procedure
         These Rules of Procedure may be amended by a decision of the Association Council in accordance with Article 408(1) of the Agreement.
         Article 16
         Sub-committees, special committees or bodies
         1.   In accordance with Article 409(1) and (3) of the Agreement, the Association Committee may decide to establish any sub-committee in specific areas necessary for the implementation of the Agreement other than those provided for in the Agreement, to assist the Association Committee in the performance of its duties. The Association Committee may decide to abolish any such sub-committee and define or amend its rules of procedure. Unless otherwise decided, any such sub-committee shall work under the authority of the Association Committee, to which it shall report after each meeting.
         2.   Unless otherwise provided for by the Agreement or agreed in the Association Council, these Rules of Procedure shall be applied mutatis mutandis to any sub-committee as referred to in paragraph 1.
         3.   The meetings of sub-committees may be held flexibly as the need arises, in person, either in Brussels or in Georgia or for example by videoconference. The sub-committees shall act as a platform to monitor progress on approximation in specific areas, to discuss certain issues and challenges arising from that process and to formulate recommendations and operational conclusions.
         4.   The Secretariat of the Association Committee shall receive a copy of all relevant correspondence, documents and communications pertaining to any sub-committee, special committee or body.
         5.   Unless otherwise provided for in the Agreement or agreed by the Parties within the Association Council, any sub-committee, special committee or body shall only have the power to make recommendations to the Association Committee.
         Article 17
         These Rules of Procedure shall apply mutatis mutandis to the Association Committee in Trade configuration unless otherwise provided.

      DRAFT
      DECISION No 2/2014 OF THE EU-GEORGIA ASSOCIATION COUNCIL
      of …
      on the establishment of two Sub-Committees
      THE EU-GEORGIA ASSOCIATION COUNCIL,
      Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (1) (‘the Agreement’), and in particular Article 409 thereof,
      Whereas:

                  (1)

                  In accordance with Article 431 of the Agreement, parts of the Agreement have been applied provisionally as of 1 September 2014.

                  (2)

                  Pursuant to Article 409(2) of the Agreement, the Association Council may decide to set up any special committee or body in specific areas necessary for the implementation of the Agreement to assist the Association Council in carrying out its duties.

                  (3)

                  In order to allow for expert level discussions on the key areas falling within the scope of the provisional application of the Agreement, two sub-committees should be established.

                  (4)

                  Upon agreement of the Parties, it should be possible to modify the list of sub-committees and the scope of the individual sub-committees,

            HAS ADOPTED THIS DECISION:
      Article 1
      The Sub-Committees listed in the Annex are hereby established.
      Article 2
      The Rules of Procedure of the Sub-Committees listed in the Annex are governed by Article 16 of the Rules of Procedure of the Association Committee and of Sub-Committees as adopted by Decision No 1/2014 of the EU-Georgia Association Council.
      Article 3
      Upon agreement of the Parties the list of Sub-Committees set out in the Annex and the scope of the individual Sub-Committees listed in the Annex can be modified.
      Article 4
      This Decision shall enter into force on the date of its adoption.

         Done at …,

               For the Association Council

               The Chair

         (1)  OJ L 261, 30.8.2014, p. 4.

         ANNEX

            LIST OF SUB-COMMITTEES

                     (1)

                     Sub-Committee on Freedom, Security and Justice

                     (2)

                     Sub-Committee on Economic and Other Sector Cooperation

      DRAFT
      DECISION No 3/2014 OF THE EU-GEORGIA ASSOCIATION COUNCIL
      of …
      on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration
      THE EU-GEORGIA ASSOCIATION COUNCIL,
      Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Georgia, of the other part (1) (‘the Agreement’), and in particular Article 406(3) and Article 408(2) thereof,
      Whereas:

                  (1)

                  In accordance with Article 431 of the Agreement, parts of the Agreement have been applied provisionally as of 1 September 2014.

                  (2)

                  Pursuant to Article 404(1) of the Agreement, the Association Council is responsible for supervising and monitoring the application and implementation of the Agreement.

                  (3)

                  Pursuant to Article 408(2) of the Agreement, the Association Council may delegate to the Association Committee any of its powers, including the power to take binding decisions.

                  (4)

                  Pursuant to Article 408(4) of the Agreement, the Association Committee is to meet in a specific configuration to address all issues related to Title IV (Trade and Trade-related Matters) of the Agreement.

                  (5)

                  In order to ensure smooth and timely implementation of the part of the Agreement related to the Deep and Comprehensive Free Trade Area, the Association Council should delegate the power to update or amend the Annexes to the Agreement which relate to Chapters 1, 3, 5, 6 and 8 of Title IV (Trade and Trade related Matters) of the Agreement to the Association Committee in Trade configuration, as set out in Article 408(4) of the Agreement, to the extent that there are no specific provisions in those Chapters relating to the update or the amendment of those Annexes,

            HAS ADOPTED THIS DECISION:
      Article 1
      The Association Council hereby delegates the power to update or amend the Annexes to the Agreement which relate to Chapters 1, 3, 5, 6 (Annex XV C to the Agreement) and 8 of Title IV (Trade and Trade related Matters) of the Agreement to the Association Committee in Trade configuration, as set out to in Article 408(4) of the Agreement,, to the extent that there are no specific provisions in those Chapters relating to the update or the amendment of those Annexes.
      Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at …,

               For the Association Council

               The Chair

         (1)  OJ L 261, 30.8.2014, p. 4.


title: Decision of the Representatives of the Governments of the Member States of the European Communities of 12 November 1974 on the appointment of a Member of the Commission

text:
No L 330/8                     Official Journal of the European Communities                         10 . 12 . 74
                                                        II
                                  (Acts whose publication is not obligatory)
                                              COUNCIL
           DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE
                       MEMBER STATES OF THE EUROPEAN COMMUNITIES
                                            of 12 November 1974
                          on the appointment of a member of the Commission
                                         (74/604/ EEC, Euratom, ECSC)
           THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE
           EUROPEAN COMMUNITIES,
           Having regard to the Treaty establishing a single Council and a single Commission of the
           European Communities and in particular Article 1 1 thereof ;
           Whereas Mr Dahrendorf, appointed member of the Commission by the decision of the
           representatives of the Governments of the Member States of 1 January 1973 , has
           submitted his resignation by letter dated 24 June 1974,
           HAVE DECIDED AS FOLLOWS :
                                                   Sole Article
           Th6 following is appointed member of the Commission of the European Communities
           for the period running from 12 November 1974 to 5 January 1977 inclusive : Mr Guido
           Brunner.
           Done at Brussels, 12 November 1974 .
                                                                        The President
                                                                    J. SAUVAGNARGUES


title: 2002/264/: EFTA Surveillance Authority Decision No 264/02/COL of  18 December 2002  amending for the thirty-seventh time the Procedural and Substantive Rules in the Field of State Aid by introducing a new chapter 22: Rescue and restructuring aid and closure aid for the steel sector

text:
               10.5.2006

               EN

               Official Journal of the European Union

               L 123/24

      EFTA SURVEILLANCE AUTHORITY DECISION

   No 264/02/COL
   of 18 December 2002
   amending for the thirty-seventh time the Procedural and Substantive Rules in the Field of State Aid by introducing a new chapter 22: Rescue and restructuring aid and closure aid for the steel sector
   THE EFTA SURVEILLANCE AUTHORITY,
   HAVING REGARD TO the Agreement on the European Economic Area (1), in particular to Articles 61 to 63 thereof,
   HAVING REGARD TO the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice (2), in particular to Article 24 and Article 1 of Protocol 3 thereof,
   WHEREAS, under Article 24 of the Surveillance and Court Agreement, the EFTA Surveillance Authority shall give effect to the provisions of the EEA Agreement concerning State aid,
   WHEREAS, under Article 5(2)(b) of the Surveillance and Court Agreement, the EFTA Surveillance Authority shall issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressly so provides or if the EFTA Surveillance Authority considers it necessary,
   RECALLING the Procedural and Substantive Rules in the Field of State Aid (3) adopted on 19 January 1994 by the EFTA Surveillance Authority (4),
   WHEREAS, on 7 March 2002, the European Commission adopted a new communication (5) setting out the principles on which it will assess rescue and restructuring aid and closure aid for the steel sector,
   WHEREAS this Communication is also of relevance for the European Economic Area,
   WHEREAS a uniform application of the EEA State aid rules is to be ensured throughout the European Economic Area,
   WHEREAS, according to point II under the heading ‘GENERAL’ at the end of Annex XV to the EEA Agreement, the EFTA Surveillance Authority is to adopt, after consultation with the Commission, acts corresponding to those adopted by the EC Commission, in order to maintain equal conditions of competition,
   HAVING consulted the European Commission,
   RECALLING that the EFTA Surveillance Authority has consulted the EFTA States in a multilateral meeting on 19 October 2001 on the subject,
   HAS DECIDED AS FOLLOWS:

               1.

               The State Aid Guidelines shall be amended by introducing a new Chapter 22: Rescue and restructuring aid and closure aid for the steel sector, by the text contained in Annex I to this Decision.

               2.

               The EFTA States shall be informed by means of a letter, including a copy of the Decision and Annex I. The EFTA States shall be requested to signify their agreement to the proposed appropriate measures as set out in Annex I within 20 working days, cf. also point 22.4 of Annex I.

               3.

               The European Commission shall be informed, in accordance with point (d) of Protocol 27 of the EEA Agreement, by means of a copy of this Decision, including Annex I.

               4.

               The Decision, including Annex I, shall be published in the EEA Section of and the EEA Supplement to the Official Journal of the European Communities after the EFTA States have signified their agreement to the appropriate measures.

               5.

               The Decision shall be authentic in the English language.

      Done at Brussels, 18 December 2002.

            For the EFTA Surveillance Authority

         Einar M. BULL

            President

         Hannes HAFSTEIN

            College Member

      (1)  Hereinafter referred to as the EEA Agreement.

      (2)  Hereinafter referred to as the Surveillance and Court Agreement.

      (3)  Hereinafter referred to as the State Aid Guidelines.

      (4)  Initially published in OJ L 231, 3.9.1994, EEA Supplement No 32.

      (5)  OJ C 70, 19.3.2002, p. 8.

      ANNEX

         ‘22.   RESCUE AND RESTRUCTURING AID AND CLOSURE AID FOR THE STEEL SECTOR
         22.1.   RESCUE AND RESTRUCTURING AID FOR FIRMS IN DIFFICULTY
         Rescue aid and restructuring aid for firms in difficulty in the steel sector as defined in Annex B of the Multisectral Framework on regional aid for large investment projects, are not compatible with the common market.
         22.2.   CLOSURE AID

                     (1)

                     Aid to facilitate the development of certain economic activities may be considered to be compatible with the common market. The following aid for firms in the steel industry as defined in Annex B of the Multicultural Framework may be regarded as compatible with the common market:

                     (2)

                     aid to cover payments payable by steel firms to workers made redundant or accepting early retirement provided that:

                                 —

                                 the payments actually arise from the partial or total closure of steel plants which have not already been taken into account for approval of aid,

                                 —

                                 the payments do not exceed those customarily granted under the rules in force in the EFTA States,
                                 and

                                 —

                                 the aid does not exceed 50 % of those payments.

                     (3)

                     aid to steel firms which permanently cease production of steel products, provided that:

                                 —

                                 the firms became legal entities before 1 January 2002,

                                 —

                                 they regularly produced steel products up to the date of notification of the aid concerned,

                                 —

                                 they have not reorganised their production or plant structure since 1 January 2002,

                                 —

                                 they close and scrap the installations used to manufacture steel products within six months of the cessation of production or approval of the aid by the Authority, whichever is the later,

                                 —

                                 the closure of their plants has not already been taken into account for approval of aid;
                                 and

                                 —

                                 the amount of the aid does not exceed the residual book value of the plants to be closed, ignoring that portion of any revaluation since 1 January 2002 which exceeds the national inflation rate.

                     (4)

                     aid to steel firms which satisfy the conditions set out in point 22.2(3) but which are directly or indirectly controlled by, or which themselves directly or indirectly control, a firm that is itself a steel firm may be deemed compatible with the common market provided that:

                                 —

                                 the firm to be closed has been effectively and legally separated from the corporate structure for at least six months before payment of the aid;

                                 —

                                 the accounts of the firm to be closed have been independently certified, by an auditor accepted by the Authority, to be a true and accurate account of the assets and liabilities of that firm;
                                 and

                                 —

                                 there is a genuine and verifiable reduction in production capacity such as to yield an appreciable benefit over time for the industry as a whole in terms of a reduction in the production capacity for steel products over a period of five years following the date of the aided closure or the date of the last payment of aid approved under this point, if later. EFTA States are invited to use the notification form attached to the Multisectoral Framework (Annex E) for the purpose of notifying aid proposals pursuant to this Framework.

               22.3.   NOTIFICATION OBLIGATION
         All plans to grant aid for rescuing and restructuring firms in difficulty belonging to the steel industry and for closure aid to that sector shall be notified individually.
         22.4.   APROPRIATE MEASURES

                     (1)

                     The Authority proposes as an appropriate measure pursuant to Article 1(1) of Protocol 3 to the Surveillance and Court Agreement, to exclude from the scope of their existing schemes for rescuing and restructuring firms in difficulties, as defined by the Authority Guidelines on State aid for rescuing and restructuring firms in difficulty (Chapter 16), aid to firms belonging to the steel sector, as defined by Annex B to the Multisectoral Framework, as from 1 January 2003.

                     (2)

                     EFTA States are invited to give their explicit agreement to the proposed appropriate measures within 20 working days from the date on which the letter is notified to them. In the absence of any reply, the Authority will assume that the EFTA State in question does not agree with the proposed measures.

               22.5.   APPLICATION OF THIS FRAMEWORK
         This Framework will be applicable from 1 January 2003 for a period ending on 31 December 2009.
         22.6.   NON-NOTIFIED AID GRANTED TO THE STEEL INDUSTRY
         The Authority will examine the compability with the common market of aid granted to the steel industry without its authorisation on the basis of the criteria in force at the time the aid was granted.’


Avis juridique important

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31982D0710

82/710/EEC: Commission Decision of 18 October 1982 accepting an undertaking in connection with the anti-dumping proceeding concerning imports of thiopen originating in the United States of America and terminating that proceeding

Official Journal L 295 , 21/10/1982 P. 0035 - 0036

*****COMMISSION  DECISION  of 18 October 1982  accepting an undertaking in connection with the anti-dumping proceeding concerning imports of thiophen originating in the United States of America and terminating that proceeding  (82/710/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3017/79 of 20 December 1979 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), as amended by Regulation (EEC) No 1580/82 (2), and in particular Article 10 thereof,  After consultations within the Advisory Committee set up under Article 6 of that Regulation,  Whereas the Commission received a complaint lodged by the European Council of Chemical Manufacturers Federations (CEFIC) on behalf of all of the Community's producers of thiophen; whereas, since the complaint contained sufficient evidence of the existence of dumping in respect of the like product originating in the United States of America and of material injury resulting therefrom, the Commission accordingly announced, by a notice published in the Official Journal of the European Communities (3), the initiation of a proceeding concerning imports of thiophen originating in the United States of America and commenced an investigation of the matter at Community level;  Whereas the Commission officially so advised the firms known to be concerned and the representatives of the United States of America;  Whereas the Commission gave the parties directly concerned the opportunity to make known their views in writing and to be heard orally; whereas the parties concerned have taken this opportunity;  Whereas in order to arrive at an assessment of the dumping margin and injury, the Commission sought and verified all information it deemed to be necessary and carried out inspections at the premises of the sole producer and exporter in the United States, Pennwalt Corporation, Philadelphia, Pennsylvania; whereas the Commission also carried out an inspection at the premises of the Community manufacturer concerned, Croda Synthetic Chemicals Ltd, Oldbury, Warley, United Kingdom;  Whereas the Commission selected as the investigation period 1 January to 31 December 1981;  Whereas, for the purpose of assessing dumping, the Commission based its preliminary determination of the normal value on the prices ex works charged by the sole American producer on the domestic market during the investigation period;  Whereas, for the export sales, the export prices were constructed on the basis of the prices at which the imported products were first resold to an independent buyer in the Community during the investigation period, since the exporter and the importer were associated;  Whereas, in determining the constructed export price, allowance was made for all costs incurred between importation and resale, including duties and taxes, and for a reasonable profit margin; the Commission also took account, where appropriate, of the differences affecting price comparability with respect to transport cost and payment conditions;  Whereas a comparison between the normal value and the constructed export price showed that the dumping margin fluctuated greatly, the weighted average margin being 83 % in 1981;  Whereas with regard to injury caused to the Community industry the Commission has received confidential information from the firms involved, who are the only two suppliers on the Community market, which, if published, even in a summarized form, would be likely to have a significantly adverse effect upon these firms;  Whereas the examination of this information by the Commission showed that imports into the Community of thiophen from the United States of America were mainly sold on the French market where the American producer had established a leading market position;  Whereas imports of thiophen have fluctuated sharply from year to year as a result of fluctuation in the demand for this product;  Whereas the share of the market held by US thiophen increased substantially between 1978 and 1980; whereas the Community producer regained its market share in 1981 after aligning its prices on those of the dumped imports;  Whereas the prices at which the dumped imports were sold and offered for sale during 1979 to 1981 exercized a depressive effect on the prices of the Community producer and as a result had very negative effect on its profitability;  Whereas the Commission has considered whether injury has been caused by other factors such as fluctuations of demand and overcapacity in the Community industry;  Whereas, although these factors have had an impact on the Community producer, this situation has been severely worsened by the pressure of imports from the United States of America and the depressed prices at which they were offered for sale in the Community;  Whereas the Commission has consequently determined that the dumped imports of thiophen originating in the United States of America, taken in isolation, have caused material injury to the Community industry concerned;  Whereas Pennwalt Corporation prior to the investigation has reviewed and adjusted its prices to take more promptly into account currency fluctuations between the US dollar and Community currencies and in addition, after being informed of the main findings of the investigation, offered an undertaking; whereas the Commission, taking into account the fact that there were no imports in 1982 to date, considers that this undertaking would prevent the recurrence of injury and finds the undertaking acceptable;  Whereas the Advisory Committee set up under Article 6 of Council Regulation (EEC) No 3017/79 has raised no objections,  HAS DECIDED AS FOLLOWS:  Article 1  The Commission hereby accepts the undertaking offered by Pennwalt Corporation in connection with the anti-dumping proceeding concerning imports of thiophen originating in the United States of America.  Article 2  The anti-dumping proceeding concerning imports of thiophen originating in the United States of America is hereby terminated.  Done at Brussels, 18 October 1982.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No L 339, 31. 12. 1979, p. 1.  (2) OJ No L 178, 22. 6. 1982, p. 9.  (3) OJ No C 122, 13. 5. 1982, p. 5.


Avis juridique important

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31980D1077

80/1077/EEC: Council Decision of 17 November 1980 replacing an alternate on the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions

Official Journal L 316 , 25/11/1980 P. 0013

****( 1 ) OJ NO L 139 , 30 . 5 . 1975 , P . 1 .  ( 2 ) OJ NO L 78 , 25 . 3 . 1980 , P . 17 .    COUNCIL DECISION   OF 17 NOVEMBER 1980   REPLACING AN ALTERNATE ON THE ADMINISTRATIVE BOARD OF THE EUROPEAN FOUNDATION FOR THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS  ( 80/1077/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1365/75 OF 26 MAY 1975 ON THE CREATION OF A EUROPEAN FOUNDATION FOR THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS ( 1 ), AND IN PARTICULAR ARTICLE 6 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 14 MARCH 1980 APPOINTING , FOR THE PERIOD ENDING ON 16 MARCH 1983 , THE MEMBERS OF THE ADMINISTRATIVE BOARD OF THE EUROPEAN FOUNDATION FOR THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS ( 2 ),   WHEREAS THE COUNCIL WAS INFORMED ON 20 OCTOBER 1980 THAT AN ALTERNATE ' S SEAT ON THE ADMINISTRATIVE BOARD OF THE ABOVEMENTIONED FOUNDATION IN THE ' GOVERNMENT REPRESENTATIVES '  CATEGORY HAD BECOME VACANT AS A RESULT OF THE RESIGNATION OF MR GALE ,   HAVING REGARD TO THE NOMINATION SUBMITTED ON 5 NOVEMBER 1980 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR OLIVER TYNAN IS HEREBY APPOINTED AS AN ALTERNATE ON THE ADMINISTRATIVE BOARD OF THE EUROPEAN FOUNDATION FOR IMPROVEMENT OF LIVING AND WORKING CONDITIONS IN PLACE OF MR GALE FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 16 MARCH 1983 .   DONE AT BRUSSELS , 17 NOVEMBER 1980 .   FOR THE COUNCIL   THE PRESIDENT   J . SANTER


title: Decision (EU) 2016/1512 of the European Parliament of 28 April 2016 on the closure of the accounts of the European Centre for Disease Prevention and Control for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/228

         DECISION (EU) 2016/1512 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on the closure of the accounts of the European Centre for Disease Prevention and Control for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Centre for Disease Prevention and Control for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Centre for Disease Prevention and Control for the financial year 2014, together with the Centre’s reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Centre in respect of the implementation of the budget for the financial year 2014 (05584/2016 – C8-0075/2016),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 851/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European centre for disease prevention and control (4), and in particular Article 23 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5),

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6), and in particular Article 108 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A8-0103/2016),

               1.

               Notes that the final annual accounts of the European Centre for Disease Prevention and Control are as annexed to the Court of Auditors’ report;

               2.

               Approves the closure of the accounts of the European Centre for Disease Prevention and Control for the financial year 2014;

               3.

               Instructs its President to forward this decision to the Director of the European Centre for Disease Prevention and Control, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 409, 9.12.2015, p. 122.

      (2)  See footnote 1.

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

      (4)  OJ L 142, 30.4.2004, p. 1.

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

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