title: Commission Decision (EU) 2017/1088 of 24 March 2017 on State aid SA. 35484 (2013/C) (ex SA. 35484 (2012/NN)) regarding certain research sub-measures financed pursuant to the Milk and Fat Law (notified under document C(2017) 1863)

text:
               20.6.2017

               EN

               Official Journal of the European Union

               L 156/25

         COMMISSION DECISION (EU) 2017/1088
   of 24 March 2017
   on State aid SA. 35484 (2013/C) (ex SA. 35484 (2012/NN)) regarding certain research sub-measures financed pursuant to the Milk and Fat Law

         (notified under document C(2017) 1863)

   (Only the German text is authentic)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) thereof,
   Having called on interested parties to submit their observations pursuant to the provision cited above (1) and having regard to their comments,
   Whereas:
   1.   PROCEDURE

               (1)

               By letters dated 28 November 2011 and 27 February 2012, the Commission asked Germany for additional information concerning the 2010 Annual Report on State aid in the agricultural sector which Germany had submitted in accordance with Article 26 of Council Regulation (EU) 2015/1589 (2). Germany answered the Commission's questions by letters dated 16 January 2012 and 27 April 2012. In the light of Germany's answers, it emerged that Germany had granted financial support to the German dairy sector pursuant to the 1952 Milk and Fat Law (Gesetz über den Verkehr mit Milch, Milcherzeugnissen und Fetten, hereinafter: ‘the MFG’).

               (2)

               By letter dated 2 October 2012, the Commission informed Germany that the measures in question had been registered as non-notified aid under the number SA.35484 (2012/NN). By letters dated 16 November 2012, 7, 8, 11, 13, 14, 15 and 19 February, 21 March, 8 April, 28 May, 10 and 25 June and 2 July 2013, Germany submitted further information.

               (3)

               By letter of 17 July 2013 (3) the Commission informed Germany that it had decided to initiate with regard to certain sub-measures under the MFG the procedure laid down in Article 108(2) of the Treaty on the Functioning of the European Union (TFEU) (hereinafter: ‘the opening Decision’). In the same letter, the Commission came to the conclusion that other sub-measures were compatible with the internal market, either during the period from 28 November 2001 to 31 December 2006 or in the period starting 1 January 2007 or in both periods, or that further sub-measures did not constitute State aid within the meaning of Article 107(1) TFEU or that they fell outside the scope of State aid rules.

               (4)

               As regards the sub-measures that are subject to this Decision, namely the research sub-measures referred to in the opening Decision as sub-measures BY2, BY11, BY12 and BY13 (hereinafter ‘the sub-measures’) the Commission stated that those sub-measures appeared to have all the characteristics of State aid and that the eligible costs corresponded to the eligible costs allowed under the applicable State aid rules (see recitals 203 and 209 of the opening Decision).

               (5)

               However, the Commission had not received sufficient information from Germany on the aid intensity, in particular whether the aid intensity corresponded to the rates allowed pursuant to the applicable State aid rules (see recitals 204, 205, 210 and 211 of the opening Decision) and consequently expressed doubts on the compatibility of the sub-measures with the internal market (see recitals 206 and 212 of the opening Decision). Therefore, the Commission requested Germany to submit its comments and to provide all information which may be helpful for the assessment of the aid concerning the period as from 28 November 2001 (see recital 276 of the opening Decision.

               (6)

               By letter dated 20 September 2013, Germany submitted comments concerning the opening Decision. By letters dated 22 September 2016 and 25 October 2016 the Bavarian Ministry of Agriculture submitted additional explanations.

               (7)

               The opening Decision was published in the Official Journal of the European Union
                   (4). The Commission invited interested parties to submit their comments within one month. The Commission did not received specific comments from interested parties on the sub-measures.

         2.   DESCRIPTION OF THE SUB-MEASURES

               (8)

               The MFG is a German Federal law which entered into force in 1952. It is a framework law and its validity is unlimited in time.

               (9)

               Section 22(1) of the MFG authorises the German Federal States (hereinafter: ‘Länder’) to impose a milk levy on dairies based on the quantities of delivered milk.

               (10)

               Section 22(2) of the MFG provides that the revenues obtained from the milk levy may be used solely for:

                           (a)

                           improving and sustaining quality on the basis of certain implementing provisions;

                           (b)

                           improving hygiene during milking and the delivery, processing and distribution of milk and milk products;

                           (c)

                           milk yield recording;

                           (d)

                           advice to operators on matters relating to the dairy industry and ongoing training of young employees;

                           (e)

                           advertising aimed at increasing the consumption of milk and milk products;

                           (f)

                           performance of the tasks conferred by the MFG.

               (11)

               Section 22(2a) of the MFG provides that, by derogation from paragraph 2, the revenues obtained from the milk levy may also be used for:

                           (a)

                           reducing increased structural collection costs in respect of the supply of milk and cream from the producer to the dairy,]

                           (b)

                           reducing increased transport costs in respect of the supply of milk between dairies where such supply is necessary to ensure the supply of drinking milk to the recipient dairy's sales area, and

                           (c)

                           improving quality regarding the central distribution of milk products.

               (12)

               In Bavaria the collection and use of the milk levy was regulated in the Bavarian Regulation on a milk levy (Bayerische Milchumlageverordnung).

               (13)

               In Bavaria the milk levy was used to finance the research sub-measures referred to in recital 4, namely:

                           BY 2 — ‘Die Erhöhung des Milchproteingehaltes durch Management und Züchtung: Eine Perspektive für Milcherzeuger, Verbraucher und Industrie’ (The increase in milk protein content by Management and Breeding: A perspective for dairy farmers, consumers and industry;

                           BY 11 — ‘Förderung der Anpassung von Untersuchungsmethoden zur Bearbeitung spezifischer Fragestellungen sowie der Methodenentwicklung in Kooperation mit Forschungseinrichtungen und der Nutzbarmachung und des Transfers wissenschaftlicher Erkenntnisse für die bayerische Milchwirtschaft’ (Promoting the adaptation of investigative methods to process specific issues and the development of methods in cooperation with research institutions and transfer of scientific knowledge for the Bavarian dairy industry)

                           BY 12 — Entwicklung einer anti-listeriellen, frühen Oberflächenreifungskultur für geschmierte Käse (Development of an anti-listerial maturation substance for cheese);

                           BY 13 — ‘Überwachung von antimikrobiellen Rückständen der Milch — Etablierung des neuen Biosensor-Systems MCR3 für Routineuntersuchungen in der Praxis’ (Monitoring of antimicrobial residues in milk — establishment of the new biosensor system MCR3 for routine testing in practice).

                     The last sub-measure was also financed from the Bavarian State budget.

               (14)

               The specific legal basis for the implementation of the sub-measures included also:

                           —

                           the Budget Rules of Bavaria (Bayerische Haushaltsordnung), in particular Articles 23 and 44 as well as the relevant administrative provisions (Verwaltungsvorschriften);

                           —

                           the biannual budget plan of the Bavarian Ministry of Agriculture, including the chapter for the expenditure from the ‘Special Fund Milk and Fat’ (Sondervermögen Milch und Fett);

                           —

                           the administrative legal acts of the Bavarian Ministry of Agriculture to authorise the research projects and the expenditures (Ausgabeermächtigung).

               (15)

               The decisions as to what kind of research projects are to be performed and financed with the milk levy were adopted by a special decision-making procedure involving different decision making levels: The board of the State Association of the Bavarian Dairy Industry (Vorstand der Landesvereinigung der bayerischen Milchwirtschaft) issues a list of pre-selected projects and submits it to the vote of the general assembly (Mitgliederversammlung) of that association. The general assembly votes also on the planned project's budget. Based on that vote and on the biannual Budget plan of the Bavarian Ministry of Agriculture the Ministry issues administrative legal acts to authorise the expenditures for the selected research projects (Ausgabeermächtigung). A separate decision is taken for each project.

         3.   COMMENTS FROM GERMANY

               (16)

               Germany provided the following information as regards the compatibility conditions requested in the opening Decision:

      BY 2 — ‘Die Erhöhung des Milchproteingehaltes durch Management und Züchtung: Eine Perspektive für Milcherzeuger, Verbraucher und Industrie’ (The increase in milk protein content by Management and Breeding: A perspective for dairy farmers, consumers and industry):

               (17)

               The project was carried out between 2008 and 2012. The beneficiary was the Technische Universität München.

               (18)

               The overall budget of the project was 600 000 EUR. The financial means are broken down as follows:

                  Table 1

                           Source

                           EUR per year

                           EUR overall

                           % of the total

                           Own recourses of the beneficiary

                           20 000

                           100 000

                           16,67

                           Group of undertakings Theo Müller

                           75 000

                           350 000

                           58,33

                           Milk Levy (MFG)

                           35 000

                           150 000

                           25

               (19)

               The aid amount coming from the milk levy was EUR 150 000 and represented 25 % of the overall budget for the research project.

      BY 11 — ‘Förderung der Anpassung von Untersuchungsmethoden zur Bearbeitung spezifischer Fragestellungen sowie der Methodenentwicklung in Kooperation mit Forschungseinrichtungen und der Nutzbarmachung und des Transfers wissenschaftlicher Erkenntnisse für die bayerische Milchwirtschaft’ (Promoting the adaptation of investigative methods to process specific issues and the development of methods in cooperation with research institutions and transfer of scientific knowledge for the Bavarian dairy industry):

               (20)

               The aim of the project was to modernise the existing milk analysis methods and questionnaires for specific milk related questions. The results of the research project were meant to be used by the milk undertakings in Bavaria in the milk production and processing of milk products.

               (21)

               The project was carried out between 2002 and 2011. The aid was granted annually.

               (22)

               The budget of the project and the aid amount were as follows:

                  Table 2

                  Period 2002-2006

                           Year

                           2002

                           2003

                           2004

                           2005

                           2006

                           Project budget (EUR)

                           332 505,30

                           416 945,14

                           616 483,19

                           812 433,90

                           587 072,90

                           Aid amount(EUR)

                           222 261,52

                           288 240,39

                           423 429,64

                           564 887,80

                           391 124,32

                           Aid intensity (%)

                           66,84

                           69,13

                           68,68

                           69,53

                           66,62

                  Table 3

                  Period 2007-2012

                           Year

                           2007

                           2008

                           2009

                           2010

                           2011

                           2012

                           Project budget (EUR)

                           378 169,60

                           324 134,53

                           376 916,07

                           369 009,52

                           409 803,32

                           343 753,57

                           Aid amount(EUR)

                           273 898,60

                           240 292,53

                           274 014,01

                           268 866,52

                           301 076,32

                           257 259,72

                           Aid intensity (%)

                           72,43

                           74,13

                           72,70

                           72,86

                           73,47

                           74,84

               (23)

               The beneficiary was Milchwirtschaftlicher Verein Allgäu-Schwaben e. V., a medium-sized enterprise (5) (hereinafter: ‘SME’). The results of the research were presented on various national and international events as well as in numerous national and international scientific journals (6).

      BY 12 — Entwicklung einer anti-listeriellen, frühen Oberflächenreifungskultur für geschmierte Käse (Development of an anti-listerial maturation substance for cheese):

               (24)

               In its letter dated 20 September 2013 Germany explained that initially it made wrong description of the project which was considered for the purposes of the opening Decision. This mistake resulted from confusion with another project with similar title that was entirely privately financed. Germany provided new information on the project that was financed from the milk levy as follows:

               (25)

               The aim of the project was to search for interlinks between listeria monocytogens and red lubrication maturation bacteria. The project served basic microbial research. As a result, an extraordinary inhibitory potential of some strains of Pichia norvegensis against Listeria monocytogenes was demonstrated — a finding that had not been previously described scientifically. The result could not be immediately used in the production of cheese as the underlying molecular nature of the inhibitory principle had to be further clarified.

               (26)

               The project was carried out between 2006 and 2008. The budget of the project was 30 000 EUR. It was financed entirely from the milk levy.

               (27)

               The beneficiary was Technische Universität München, a public non-profit making higher education entity.

      BY 13 — ‘Überwachung von antimikrobiellen Rückständen der Milch — Etablierung des neuen Biosensor-Systems MCR3 für Routineuntersuchungen in der Praxis’ (Monitoring of antimicrobial residues in milk — establishment of the new biosensor system MCR3 for routine testing in practice):

               (28)

               The project was carried out in years 2010 and 2011. The eligible costs amounted to 73 234,58 EUR. The aid was granted in 2010 and originated from two sources: from the milk levy and from the Bavarian State budget (Cluster Ernährung). The aid amount paid from the milk levy was 26 500 EUR, and the aid amount paid from Cluster Ernährung was 26 500 EUR. Thus, the aid intensity was 72,4 %.

               (29)

               The beneficiary was Milchprüfring Bayern e. V., an SME (7). The results of the research were presented on various national and international events as well as in numerous national and international scientific journals (8).

         4.   ASSESSMENT OF THE EXISTENCE OF STATE AID

               (30)

               In the opening Decision the Commission has taken the view that the sub-measures appeared to have all the characteristics of State aid.

               (31)

               Article 107(1) TFEU lays down that any aid granted by a Member State or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods and affects trade between Member States is incompatible with the internal market.

         4.1.   Aid granted by the State or through State resources

               (32)

               The aid was granted predominantly from the milk levy. In the case of sub-measure BY13 aid was also granted from the State budget of Bavaria.

               (33)

               The financial resources coming from the State budget of Bavaria constitute State resources. The financial resources coming from the milk levy are also considered State resources within the meaning of Article 107(1) TFEU for the following reasons:

               (34)

               According to settled case-law, it is not appropriate to distinguish between cases in which aid is granted directly by the State and those in which it is granted by a public or private body designated or established by that State. However, for advantages to be capable of being categorised as State aid within the meaning of Article 107(1) TFEU, they must, first, be granted directly or indirectly through State resources and, second, be imputable to the State.

               (35)

               With regard to the measures described above, it is apparent that the levy is collected on the basis of a Federal law, the MFG, in conjunction with the Bavarian regulation on a milk levy.

               (36)

               Specifically, the first sentence of Section 22(1) of the MFG provides that the governments of the Länder, acting in consultation with the Land association or professional organisations, may collect levies jointly from dairies, milk collection centres and creameries in order to promote the dairy industry.

               (37)

               Under the second sentence of Section 22(1) of the MFG, the governments of the Länder may, if requested to do so by association or professional organisations, collect joint levies of up to 0,2 cents per kilogram of delivered milk. Therefore, the sovereignty over the levy lies clearly with the governments of the Länder.

               (38)

               The legal basis for the collection of a milk levy in Bavaria is provided by the Bavarian regulation on a milk levy which governs the detailed arrangements, including the amount of the levy. As a consequence, the collection of a milk levy is regulated by the Bavarian government, ergo by the State. That conclusion is not altered by the fact that the regulation in question is issued in consultation with the respective Land association representing the dairy industry.

               (39)

               In the case at hand, a levy is collected from private undertakings — dairies. The revenue from this levy flows into the Bavarian budget before being used for financing the research sub-measures. Therefore, it is considered as being under public control.

               (40)

               The Commission concludes that the measures financed by the milk levy fund are granted by State resources and are imputable to the State.

         4.2.   Undertakings/Selective advantage

               (41)

               The beneficiaries were the following: Technische Universität München (sub-measure BY 2 and BY 12), Milchwirtschaftlicher Verein Allgäu-Schwaben e. V. (sub-measure BY 11) and Milchprüfring Bayern e. V. (sub-measure BY 13).

               (42)

               The Technische Universität München is a public research organisation. In case of sub-measure BY 2 it has to be considered as an undertaking because it performed an economic activity, namely contract research in the agricultural field with the objective to deliver practical results to be used in the milk production by milk farmers and the dairies. The economic nature of the activity is underlined by the fact that private undertakings (group of undertakings Theo Miller, see recital 18) were also involved in the financing of the research project. It can be concluded that the research organisation performed contract research and supplied research results to business undertakings.

               (43)

               In case of sub-measure BY 12 the Technische Universität München has to be considered as not being an undertaking because it performed a non-economic activity, namely the conduct of independent research for more fundamental knowledge in the microbial field. As pointed out in recital 24 Germany submitted new information on this sub-measure that was not evaluated in the opening Decision. According to the new information the research project under sub-measure BY 12 relates to independent research, namely basic microbial research with no direct practical implementation.

               (44)

               Milchwirtschaftlicher Verein Allgäu-Schwaben e. V. (sub-measure BY 11) and Milchprüfring Bayern e. V. (sub-measure BY 13) are forms of organisations of the representatives of the milk production and industry in Bavaria having a private legal nature that perform different economic activities and services under contact of interest for the Bavarian milk producers, milk processors and other business operators in the dairy sector. In the context of sub-measures BY 11 and BY 13 they performed contract research in the agricultural field with the objective to deliver practical results to be used in the milk production by the milk farmers and the dairies. They are qualified as SMEs by Germany.

               (45)

               The three selected beneficiaries in their capacity as undertakings received a selective advantage as project costs that form part of their economic activity and that normally had to be borne by their own budget were covered by means originating from the state budget and the milk levy.

         4.3.   Distortion of competition and effect on trade

               (46)

               The Court of Justice has consistently held that strengthening the competitive position of an undertaking through the granting of State aid generally distorts competition with other competing undertakings not having benefited from this aid (9). Aid for an undertaking that operates in a market open to intra-Union trade is likely to affect trade between Member States (10). There was substantial intra-Union trade in agricultural products in the period 2001-2012. For example, imports and exports of products falling under heading 0401 of the Combined Nomenclature (milk and cream, not concentrated nor containing added sugar or other sweeteners) (11) were worth EUR 1,2 billion and EUR 957 million respectively in 2011 (12).

               (47)

               The sub-measures assessed in this Decision are aimed at supporting industrial contract research activities in the agricultural sector, in particular the dairy sector. In view of the substantial level of trade in dairy products, it can therefore be assumed that the sub-measures in question distort or threaten to distort competition and affect trade between Member States.

         4.4.   Conclusion on the existence of aid

               (48)

               It can be concluded therefore that sub-measures BY2, BY11 and BY13 qualify as State aid within the meaning of Article 107(1) TFEU, whereas sub-measure BY12 does not qualify as State aid because the beneficiary did not perform an economic activity.

         5.   ASSESSMENT OF THE LAWFULNESS OF AID

               (49)

               Pursuant to Article 108(3) TFEU Member States have the obligation to inform the Commission about any plan to grant aid and shall not put such aid into effect until the Commission authorise it as compatible (stand still obligation). Germany has not notified sub-measures BY2, BY11 and BY13 to the Commission prior to their implementation.

               (50)

               Sub-measures BY2, BY11 and BY13 constitute new aid within the meaning of point (c) of Article 1 of Regulation (EU) 2015/1589. None of the criteria of existing aid are fulfilled. In particular, the aid is not existing within the meaning of point (b)(i) of Article 1 of Regulation (EU) 2015/1589 because it was put into effect after the entry into the force of the TFEU (sub-measure BY 2 was put into effect in 2008, sub-measure BY 11 was put into effect in 2002 and sub-measure BY 13 was put into effect in 2010) and the limitation period of 10 years has not expired (the limitation period was interrupted on 28 November 2011, see recital 152 of the opening Decision).

               (51)

               Consequently, as these new aids were not notified to the Commission prior to their implementation they are unlawful.

         6.   ASSESSMENT OF THE COMPATIBILITY OF THE SUB-MEASURES

               (52)

               Under Article 107(3)(c) TFEU, aid to facilitate the development of certain economic activities or of certain economic areas may be considered compatible with the internal market, where such aid does not adversely affect trading conditions to an extent contrary to the common interest.

               (53)

               In accordance with the Commission notice on the determination of the rules applicable to the assessment of unlawful aid (13), any unlawful aid, i.e. aid put into effect in contravention of Article 108(3) TFEU, is to be assessed in accordance with the rules applicable at the time the aid was granted.

               (54)

               Specific guidelines have been adopted for research aid. Aid granted during the period between 28 November 2001 and 31 December 2006 is to be assessed in the light of the Community framework for state aid for research and development (14) (hereinafter: ‘Community Framework 1996’). Aid granted after 1 January 2007 is to be assessed in the light of the Community framework for state aid for research and development and innovation (15) (hereinafter: ‘Community Framework 2007-2013’).

               (55)

               The sub-measures BY2, BY11 and BY13 qualify as industrial research as defined under the second indent of Annex I to the Community Framework 1996 and in point 2.2(f) of the Community Framework 2007-2013 as those sub-measures were aimed at significant improvements and acquisition of knowledge on dairy products and production processes and had practical implications for the dairy sector The results of these research projects were directly useable by the undertakings in the dairy sector in their production cycles as they aimed to achieve better quality of the produced milk products. For example the research project under sub-measure BY 2 related to increase in milk protein content and private undertakings were directly involved in this project; the research project under sub-measure BY 11 related to modern milk quality analysis and the research project under sub-measure BY 13 related to establishment of the new biosensor system for routine testing in practice.

               (56)

               The compatibility of the eligible costs has already been positively assessed in the opening Decision (see recitals 203 and 209 of the opening Decision). Therefore, the aid intensity remains to be assessed (see recitals 204, 205, 210 and 211 of the opening Decision) (see recital 5 of this decision).

      Sub-measure BY 2

               (57)

               Sub-measure BY 2 has to be assessed in the light of the Community Framework 2007-2013 since the aid was granted for the period 2008-2012.

               (58)

               Pursuant to point 5.1.2(b) of the Community Framework 2007-2013, an aid intensity of up to 50 % is allowed for industrial research. The aid intensity for sub-measure BY 2 was 25 % (see recital 19 of this Decision) and thus within the allowed legal limit.

               (59)

               It can therefore be concluded that the sub-measure BY 2 is compatible with the internal market as the aid intensity specified in point 5.1.2(b) of the Community Framework 2007-2013 is complied with.

      Sub-measure BY 11

               (60)

               Since sub-measure BY 11 was granted between the year 2002 and the year 2011, that aid has to be assessed in the light of both guidelines for research aid: the Community Framework 1996 for the period of implementation from 28 November 2001 to 31 December 2006 and the Community Framework 2007-2013 for the period of implementation from 1 January 2007 to 31 December 2011.

               (61)

               Over the period of implementation from 28 November 2001 to 31 December 2006 the aid intensity allowed for industrial research was 50 % (point 5.3 of the Community Framework 1996). Additional 10 percentage points were allowed where the aid was given to a SME (point 5.10.1 of the Community Framework 1996). Another increase of 10 percentage points was allowed where the project results were widely disseminated and published (point 5.10.4(c) of the Community Framework 1996. The aid granted under sub-measure BY 11 complies with those aid intensity rules as that aid was granted to SMEs and the results were presented at different international and national scientific events and publications and amounted to less than 70 % of the eligible costs (see recital 22 and table 2 of this Decision).

               (62)

               Over the period of implementation from 1 January 2007 to 31 December 2011 the aid intensity allowed for industrial research was 50 % (point 5.1.2(b) of the Community Framework 2007-2013). Additional 10 percentage points were allowed where the aid was given to an SME (point 5.1.3(a) of the Community Framework 2007-2013). Another increase of 15 percentage points up to a maximum aid intensity of 80 % was allowed where the project results were widely disseminated and published (point 5.1.3(c) of the Community Framework 2007-2013). The aid granted under sub-measure BY 11 complies with those aid intensity rules as that aid was granted to SMEs and the results were presented at different international and national scientific events and publications and amounted to less than 75 % of the eligible costs (see recital 21 and table 3 of this Decision).

               (63)

               The beneficiary, Milchwirtschaftlicher Verein Allgäu-Schwaben e. V, qualifies as SME as its number of employees and annual turnover are below the thresholds established in the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (16) (see recital 23). The list of different international and national scientific events and publications referred to in the same recital mentions about 38 public lectures and 29 publications.

      Sub-measure BY13

               (64)

               Sub-measure BY 13 has to be assessed in the light of the Community Framework 2007-2013 since the aid was granted in 2010.

               (65)

               The aid intensity allowed for industrial research was 50 % (point 5.1.2(b) of the Community Framework 2007-2013). Additional 10 percentage points were allowed where the aid was given to an SME (point 5.1.3(a) of the Community Framework 2007-2013). Another increase of 15 percentage points up to a maximum aid intensity of 80 % was allowed where the project results were widely disseminated and published (point 5.1.3(c) of the Community Framework 2007-2013). The aid granted under sub-measure BY 13 complies with those aid intensity rules as that aid was granted to SMEs and the results were presented at different international and national scientific events and publications and amounted to less than 75 % of the eligible costs (see recitals 26 and 27 of this Decision).

               (66)

               The beneficiary, Milchprüfring Bayern e. V, qualifies as SME as its number of employees and annual turnover are below the thresholds established in the Commission Recommendation of 6 May 2003 concerning the definition of micro, small and medium-sized enterprises (17) (see recital 29). The list of different international and national scientific events and publications referred to in the same recital mentions about 12 public lectures and 12 publications.

      Conclusion on the compatibility of the aid sub-measures

               (67)

               It can be concluded therefore that sub-measures BY 2, BY 11 and BY 13 are compatible with the internal market,

         HAS ADOPTED THIS DECISION:
   Article 1
   Sub-measure BY 12 does not constitute State aid within the meaning of Article 107(1) TFEU.
   Article 2
   State aid granted unlawfully by Germany for the period between 28 November 2001 and 31 December 2012 for sub-measures BY 2, BY 11, and BY 13 in breach of Article 108(3) TFEU is compatible with the internal market pursuant to Article 107(3)(c) TFEU.
   Article 3
   This Decision is addressed to the Federal Republic of Germany.

      Done at Brussels, 24 March 2017.

            For the Commission

         Phil HOGAN

            Member of the Commission

      (1)  OJ C 7, 10.1.2014, p. 8.

      (2)  Council Regulation (EU) 2015/1589 of 13 July 2015 laying down detailed rules for the application of Article 108 of the Treaty on the Functioning of the European Union (OJ L 248, 24.9.2015, p. 9).

      (3)  C(2013) 4457 final, corrected by letter of 16 December 2013 (C(2013) 9021 final).

      (4)  See reference in footnote 1.

      (5)  According to the information submitted by Germany the beneficiary employed in 2011 154 employees and had an annual turnover of EUR 9,05 Mio.

      (6)  The list with publications submitted by the Bavarian Ministry of Agriculture is registered with the Commission under Ref. Ares(2016)5503557 — 22 September 2016.

      (7)  According to the information submitted by Germany the beneficiary employed in 2011 158 employees and had a turnover of EUR 14,6 Mio.

      (8)  The list with publications submitted by the Bavarian Ministry of Agriculture is registered with the Commission under Ref. Ares(2016)5503557 — 22 September 2016.

      (9)  Judgment of 17 September 1980, Philip Morris Holland BV v Commission, 730/79, EU:C:1980:209, paragraphs 11 and 12.

      (10)  See, in particular, Judgment of 13 July 1988, French Republic v Commission, 102/87, EU:C:1988:391.

      (11)  Commission Implementing Regulation (EU) No 927/2012 of 9 October 2012 amending Annex I to Council Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff; OJ L 304, 31.10.2012, p. 1.

      (12)  Source: Eurostat.

      (13)  Commission notice on the determination of the applicable rules for the assessment of unlawful State aid (OJ C 119, 22.5.2002, p. 22).

      (14)  Community framework for state aid for research and development (OJ C 45, 17.2.1996, p. 5).

      (15)  Community framework for state aid for research and development and innovation (OJ C 323, 30.12.2006, p. 1).

      (16)  OJ L 124, 20.5.2003, p. 36.

      (17)  OJ L 124, 20.5.2003, p. 36.


title: 2010/491/EC: Council Decision of 27 July 2009 on the signing, on behalf of the Community, of the Arrangement between the European Community, of the one part, and the Swiss Confederation and the Principality of Liechtenstein, of the other part, on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union

text:
               16.9.2010

               EN

               Official Journal of the European Union

               L 243/66

         COUNCIL DECISION
   of 27 July 2009
   on the signing, on behalf of the Community, of the Arrangement between the European Community, of the one part, and the Swiss Confederation and the Principality of Liechtenstein, of the other part, on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union
   (2010/491/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(a) and Article 66 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Article 21(3) of Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (1) provides for countries associated with the implementation, application and development of the Schengen acquis to participate in that Agency. The modalities of their participation are to be specified in further arrangements to be concluded between the Community and those countries.

               (2)

               Following the authorisation given to the Commission on 11 March 2008, negotiations with the Swiss Confederation and the Principality of Liechtenstein for an Arrangement on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union have been concluded.

               (3)

               Subject to its possible conclusion at a later date, the Arrangement initialled on 19 January 2009 should be signed and the attached Joint Declarations approved.

               (4)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Decision and is not bound by it, or subject to its application. Given that this Decision builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark shall, in accordance with Article 5 of that Protocol, decide within a period of six months after the date of adoption of this Decision whether it will implement it in its national law.

               (5)

               This Decision constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (2). The United Kingdom is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (6)

               This Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
                   (3). Ireland is therefore not taking part in its adoption and is not bound by it or subject to application thereof,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Arrangement between the European Community, of the one part, and the Swiss Confederation and the Principality of Liechtenstein, of the other part, on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union and the attached Joint Declarations are hereby approved on behalf of the Community, subject to the conclusion of the Arrangement.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Arrangement on behalf of the Community, subject to its conclusion.

      Done at Brussels, 27 July 2009.

            For the Council

            The President

         C. BILDT

      (1)  OJ L 349, 25.11.2004, p. 1.

      (2)  OJ L 131, 1.6.2000, p. 43.

      (3)  OJ L 64, 7.3.2002, p. 20.


title: Decision of the Management Board of 20 March 2007 laying down the rules governing the arrangements on the association of third parties' experts with the activities of analysis groups

text:
               29.3.2007

               EN

               Official Journal of the European Union

               C 72/32

      DECISION OF THE MANAGEMENT BOARD

   of 20 March 2007
   laying down the rules governing the arrangements on the association of third parties' experts with the activities of analysis groups
   (2007/C 72/15)
   THE MANAGEMENT BOARD OF EUROPOL,
   Having regard to the Convention on the establishment of a European Police Office (Europol Convention), as amended by the Council Act of 27 November 2003 drawing up, on the basis of Article 43(1) of the Convention on the Establishment of a European Police Office, a Protocol amending that Convention (1), and in particular Article 10(9) thereof,
   Having regard to the opinion issued by the Joint Supervisory Body,
   Whereas it is for the Management Board, acting by a majority of two thirds of its members, to determine the rules governing the arrangements to which the association of third parties' experts with the activities of an analysis group are subject,
   HAS ADOPTED THE FOLLOWING DECISION:
   Article 1
   Definitions
   For the purposes of the present Decision:

               (a)

               ‘analysis group ’means the group associating the participants to an analysis project, as mentioned in Article 10(2) of the Europol Convention;

               (b)

               ‘arrangement ’means an agreement, concluded between Europol and a third party, regulating the association of the latter to the activities of an analysis group;

               (c)

               ‘association ’of third party's experts to the activities of an analysis group means that these experts shall be entitled to attend analysis group's meetings, to be informed by Europol, upon request, of the development of the concerned analysis work file and to receive and further disseminate, in accordance with the applicable legal requirements, analysis results which concern the third party they represent;

               (d)

               ‘third part ’means a third State or body as referred to in Article 10(4) of the Europol Convention.

         Article 2
   Invitation to be associated to the activities of an analysis group
   Europol may invite experts of a third party with which an agreement containing appropriate provisions on the exchange of information, including the transmission of personal data, as well as on the confidentiality of exchanged information, is in force to be associated with the activities of an analysis group. Such an invitation must be made with the unanimous approval of the analysis group's participants.
   Article 3
   Arrangements
   1.   The association of third parties' experts shall be regulated by arrangements concluded between Europol and third parties. These arrangements, which shall be based on the model laid down in the Annex to the present Decision, will be communicated to the Joint Supervisory Body. Participants of the analysis group shall be consulted should Europol intend to deviate from the model arrangement.
   2.   The arrangements shall provide that associated third party's experts will be entitled to:

               (a)

               attend analysis group meetings, and

               (b)

               be informed by Europol, upon request, of the development of the concerned analysis work file, and

               (c)

               receive analysis results which concern the third party they represent; such dissemination shall take place in accordance with Articles 17(2) and 18(4) of the Europol Convention, with the relevant provisions of the cooperation and confidentiality agreements, with Article 5(5) of the Council Act of 12 March 1999 adopting the rules governing the transmission of personal data by Europol to third States and third bodies (2), and with the prior consent of the Member State which communicated the concerned data; and

               (d)

               further disseminate the analysis results, only with the prior agreement of the concerned participants and in compliance with the relevant provisions of the cooperation and confidentiality agreements.

         3.   The arrangements shall provide for their termination upon notification by either the associated third party or by Europol, which shall only act after the agreement of the participants of the analysis group. Should no agreement be reached between the participants, Europol shall notify the termination of the arrangement upon request of one participant, and inform the Management Board thereof.
   Article 4
   Entry into force
   The present Decision shall enter into force on 19 April 2007.

      Done at The Hague on 20 March 2007.

         Hans-Jürgen FÖRSTER

            Chairman of the Management Board

      (1)  OJ C 2, 6.1.2004, p. 1.

      (2)  OJ C 88, 30.3.1999, p. 1. Act, as amended by the Council Act of 28 February 2002 (OJ C 78, 27.3.2002, p. 1).

      ANNEX
      MODEL ARRANGEMENT ON THE ASSOCIATION OF THIRD PARTIES' EXPERTS TO THE ACTIVITIES OF ANALYSIS GROUPS
      Europol and (name of the third party) (hereinafter referred to as ‘the Parties’),
      Having regard to the Europol Convention, and in particular Article 10(9) thereof,
      Having regard to the cooperation agreement between Europol and (name of the third party) and in particular to its provisions concerning the confidentiality of exchanged information,
      OR:
      Having regard to the cooperation and confidentiality agreements between Europol and (name of the third party),
      Having regard to the Council Act of 3 November 1998 adopting rules applicable to Europol analysis files (1),
      Having regard to the Management Board Decision of (date) laying down the rules governing the arrangements on the association of third parties' experts with the activities of analysis groups, and in particular Article 3(1) thereof,
      Having regard to the opening order of analysis work file YYY,
      Whereas it is in the interest of the Member States to associate (name of the third party) experts with the activities of the analysis group YYY,
      Whereas (name of the third party) is directly concerned by the analysis work carried out by the analysis group YYY,
      Have adopted the following arrangement:
      Article 1
      Definitions
      For the purposes of the present Arrangement:

                  (a)

                  ‘association ’of third party's experts to the activities of an analysis group means that these experts shall be entitled to attend analysis group meetings, to be informed by Europol, upon request, of the development of the concerned analysis work file and to receive and further disseminate, in accordance with the applicable legal requirements, analysis results which concern the third party they represent;

                  (b)

                  ‘cooperation agreement ’means the agreement signed on (date) between Europol and (name of the third party);

                  (c)

                  ‘confidentiality agreemen ’means an agreement as referred to in Article 18(6) of the Europol Convention.

            Article 2
      Scope
      1.   XXX (2) of (name of the sending authority) shall be associated to the activities of the analysis group YYY.
      2.   XXX shall accordingly be entitled to:

                  (a)

                  attend analysis group meetings, and

                  (b)

                  be informed by Europol, upon request, of the development of the concerned analysis work file YYY, and

                  (c)

                  receive analysis results which concern (name of the third party); such dissemination shall take place in accordance with Articles 17(2) and 18(4) of the Europol Convention, with the relevant provisions of the cooperation and confidentiality agreements, with Article 5(5) of the Council Act of 12 March 1999 adopting the rules governing the transmission of personal data by Europol to third States and third bodies, and with the prior consent of the Member State which communicated the concerned data; and

                  (d)

                  further disseminate the analysis results, only with the prior agreement of the concerned participants and in compliance with the relevant provisions of the cooperation and confidentiality agreements.

            Article 3
      Entry into force
      The present arrangement shall enter into force on (date).

      Article 4
      Termination
      1.   The present arrangement shall automatically lapse upon closure of analysis work file YYY.
      2.   The present arrangement may at any time be terminated upon notification by one of the Parties.

         (1)  OJ C 26, 30.1.1999, p. 1. Act, as amended by (add reference when new Act adopted).

         (2)  Name of the expert(s).


title: 2013/421/EU: Council Decision of 27 June 2013 on the position to be adopted, on behalf of the European Union within the Administrative Committee for the TIR Convention, as regards the proposal to amend the Customs Convention on the International Transport of goods under cover of TIR carnets (TIR Convention 1975)

text:
               3.8.2013

               EN

               Official Journal of the European Union

               L 209/17

         COUNCIL DECISION
   of 27 June 2013
   on the position to be adopted, on behalf of the European Union within the Administrative Committee for the TIR Convention, as regards the proposal to amend the Customs Convention on the International Transport of goods under cover of TIR carnets (TIR Convention 1975)
   (2013/421/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207, in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Customs Convention on the International Transport of goods under cover of TIR Carnets (TIR Convention) of 14 November 1975 was approved on behalf of the Community by Council Regulation (EEC) No 2112/78 (1) and entered into force in the Community on 20 June 1983 (2).

               (2)

               A consolidated version of the TIR Convention was published as an Annex to Council Decision 2009/477/EC (3), according to which the Commission is to publish future amendments to the TIR Convention in the Official Journal of the European Union indicating their date of entry into force.

               (3)

               Following extensive deliberations, in October 2011 the United Nations Economic Commission for Europe (UNECE) Working Party on Customs Questions Affecting Transport decided that some modifications to the TIR Convention are necessary. These modifications concern Article 6 and the introduction of a new Part III in Annex 9 to the TIR Convention, establishing the conditions and requirements to be complied with by an international organisation which is authorised to take on the responsibility for the effective organisation and functioning of an international guarantee system and to print and distribute TIR Carnets.

               (4)

               The proposed amendments to the TIR Convention introduce a definition of the international organisation and clearly define its authorisation process. The introduction of a new Part III in Annex 9 would complement the purpose of that Annex by defining clearly the roles and responsibilities of all actors in the TIR system and would increase the transparency of its management. The introduction of these conditions and requirements in the legal text of the TIR Convention would also simplify the text of the written agreement between UNECE and the international organisation in accordance with Explanatory Note 0.6.2 bis 2 to Article 6 paragraph 2 of the TIR Convention.

               (5)

               Delegates of all Member States expressed their positive opinion as regards the amendment proposal within the Customs Legislation Committee (Coordination Geneva).

               (6)

               In its 53rd session in February 2012, the Administrative Committee for the TIR Convention adopted the proposed amendments to the TIR Convention, subject to the completion of the internal procedures of the Union.

               (7)

               On 5 July 2012, the Administrative Committee transmitted to the Secretary-General, in accordance with the Article 59(1) and (2) of the TIR Convention, proposals for amendments to Article 6.2 bis and Annex 9 to the text of the TIR Convention, adopted at its 53rd session held in Geneva on 9 February 2012. On 10 July 2012, the Secretary-General issued the Depository Notification C.N.358.2012.TREATIES, communicating that if, by 10 July 2013, none of the Contracting Parties had notified any objections to the amendment proposals, they would enter into force on 10 October 2013.

               (8)

               The position to be adopted on behalf of the Union concerning the proposed amendments should therefore be determined,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on behalf of the European Union within the Administrative Committee for the TIR Convention shall be based on the draft Annex by the Administrative Committee attached to this Decision.
   The amendments to the Convention shall be published by the Commission in the Official Journal of the European Union indicating their date of entry into force.
   Article 2
   This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 27 June 2013.

            For the Council

            The President

         E. GILMORE

      (1)  OJ L 252, 14.9.1978, p. 1.

      (2)  OJ L 31, 2.2.1983, p. 13.

      (3)  OJ L 165, 26.6.2009, p. 1.

      ANNEX
      In Article 6, a new paragraph is introduced as follows:

         Article 6, paragraph 2 bis

         Modify paragraph 2 bis to read:
      2 bis   An international organization shall be authorized by the Administrative Committee to take on responsibility for the effective organization and functioning of an international guarantee system. The authorization shall be granted as long as the organization fulfils the conditions and requirements laid down in Annex 9, Part III. The Administrative Committee may revoke the authorization if these conditions and requirements are no longer fulfilled.
      In Annex 9, a new Part III is introduced as follows:

         Annex 9, new Part III

         Insert a new Part III to read:
      Authorization of an international organization, as referred to in Article 6, to take on the responsibility for the effective organization and functioning of an international guarantee system and to print and distribute TIR Carnets
      Conditions and requirements

                  1.

                  The conditions and requirements to be complied with by an international organization in order to be authorized, in accordance with Article 6.2 bis of the Convention, by the Administrative Committee to take on the responsibility for the effective organization and functioning of an international guarantee system and to print and distribute TIR Carnets are:

                              (a)

                              Proof of sound professional competence and financial standing for the effective organization and functioning of an international guarantee system and the organizational capabilities to fulfil its obligations under the Convention by means of annual submissions of consolidated financial statements duly audited by internationally recognized independent auditors;

                              (b)

                              Absence of serious or repeated offences against Customs or tax legislation.

                  2.

                  Pursuant to the authorization, the international organization shall:

                              (a)

                              provide the Contracting Parties of the TIR Convention via the national associations affiliated to the international organization with certified copies of the global guarantee contract and proof of guarantee coverage;

                              (b)

                              provide the competent bodies of the TIR Convention with information on the rules and procedures set out for the issue of TIR Carnets by national associations;

                              (c)

                              provide the competent bodies of the TIR Convention, on a yearly basis, with data on claims lodged, pending, paid or settled without payment;

                              (d)

                              provide the competent bodies of the TIR Convention with full and complete information on the functioning of the TIR system, in particular, but not limited to, timely and well founded information on trends in the number of non-terminated TIR operations, claims lodged, pending, paid or settled without payment that might give rise to concerns with regard to the proper functioning of the TIR system or that could lead to difficulties for the continued operation of its international guarantee system;

                              (e)

                              provide the competent bodies of the TIR Convention with statistical data on the number of TIR Carnets distributed to each Contracting Party, broken down by type;

                              (f)

                              provide the TIR Executive Board with details of the distribution price by the international organization of each type of TIR Carnet;

                              (g)

                              take all possible steps to reduce the risk of counterfeiting TIR Carnets;

                              (h)

                              take the appropriate corrective action in cases where faults or deficiencies with the TIR Carnet have been detected and report these to the TIR Executive Board;

                              (j)

                              fully participate in cases where the TIR Executive Board is called upon to facilitate the settlement of disputes;

                              (k)

                              ensure that any problem involving fraudulent activities or other difficulties with regard to the application of the TIR Convention is immediately brought to the attention of the TIR Executive Board;

                              (l)

                              manage the control system for TIR Carnets, provided for in Annex 10 of the Convention, together with national guaranteeing associations affiliated to the international organization and the Customs authorities and inform the Contracting Parties and the competent bodies of the Convention of problems encountered in the system;

                              (m)

                              provide the competent bodies of the TIR Convention with statistics and data on the performance of Contracting Parties with regard to the control system provided for in Annex 10;

                              (n)

                              conclude, not less than two months before the provisional date of entry into force or renewal of the authorization granted in accordance with Article 6.2 bis of the Convention, a written agreement with the United Nations Economic Commission for Europe secretariat, mandated by and acting on behalf of the Administrative Committee, which shall include the acceptance by the international organization of its duties set out in this paragraph.

                  3.

                  When the international organization is informed by a guaranteeing association of a claim for payment, it shall, within a period of three (3) months inform the guaranteeing association of its position concerning the claim.

                  4.

                  All information acquired, directly or indirectly, by the international organization under the Convention, which is by nature confidential or which is provided on a confidential basis, shall be covered by the obligation of professional secrecy and shall not be used or processed neither for any commercial purpose nor for any other purpose than for which it has been provided or disclosed to any third party without the express permission of the person or authority that provided it. Such information may, however, be disclosed without permission to competent authorities of Contracting Parties to this Convention, where there is an authorization or obligation to do so pursuant to provisions of national or international law or in connection with legal proceedings. The disclosure or communication of information shall take place in full compliance with data-protection provisions in force.

                  5.

                  The Administrative Committee shall have the right to revoke the authorization granted in accordance with Article 6.2 bis in case of non-compliance with the above conditions and requirements. Should the Administrative Committee decide to revoke the authorization, the decision will become effective at the earliest six (6) months after the date of revocation.

                  6.

                  The authorization of an international organization under the terms set out above shall be without prejudice to that organization’s responsibilities and liabilities under the Convention.


title: Commission Decision (EU) 2017/1003 of 13 June 2017 on the duty-free importation of goods intended to be distributed or made available free of charge to victims of the earthquake which occurred in Italy in August and October 2016 (notified under document C(2017) 3865)

text:
               15.6.2017

               EN

               Official Journal of the European Union

               L 152/3

         COMMISSION DECISION (EU) 2017/1003
   of 13 June 2017
   on the duty-free importation of goods intended to be distributed or made available free of charge to victims of the earthquake which occurred in Italy in August and October 2016

         (notified under document C(2017) 3865)

   (Only the Italian text is authentic)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1186/2009 of 16 November 2009 setting up a Community system of reliefs from customs duty (1), and in particular Article 76 thereof,
   Having regard to the request made by the Italian Republic dated 14 March 2017 for duty-free importation of goods intended to be made available free of charge to victims of the earthquakes which occurred in Italy in August and October 2016,
   Whereas:

               (1)

               Earthquakes such as those which occurred in Italy on 24 August and 26 and 30 October 2016 constitute a disaster within the meaning of Chapter XVII, Section C, of Regulation (EC) No 1186/2009; there is, therefore, reason to authorise duty-free importation of goods which satisfy the requirements of Articles 74 to 80 of the abovementioned Regulation.

               (2)

               The Italian Republic should inform the Commission of the nature and quantities of the various goods admitted duty-free for the benefit of the victims of the earthquakes which occurred in Italy in 2016, of the organisations it has approved for the distribution or making available of those goods and of the measures taken to prevent the goods from being used otherwise than for disaster relief to those victims.

               (3)

               Relief of customs duty should be granted in respect of importations from the date of the first earthquake occurrence.

               (4)

               Other Member States have been consulted as laid down in Article 76 of Regulation (EC) No 1186/2009,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   Goods shall be admitted free of import duties within the meaning of Article 2(1)(a) of Regulation (EC) No 1186/2009 where the following conditions are fulfilled:

               (a)

               the goods are intended for one of the following uses:

                           (i)

                           distribution of the goods free of charge to the victims of the earthquake which occurred in Italy in 2016 by the bodies and organisations referred to in point (c);

                           (ii)

                           making the goods available to those victims free of charge while the goods remain the property of the organisations in question;

               (b)

               the goods satisfy the requirements laid down in Articles 75, 78 and 79 of Regulation (EC) No 1186/2009;

               (c)

               the goods are imported for release for free circulation by State bodies or by organisations approved by the competent Italian authorities.

         2.   Goods shall also be admitted duty-free within the meaning of Article 2(1)(a) of Regulation (EC) No 1186/2009 where they are imported for release for free circulation by disaster relief agencies in order to meet their needs during the period of providing disaster relief to the victims of the earthquakes which occurred in Italy in 2016.
   Article 2
   The Italian Republic shall by 30 September 2017 at the latest communicate the following information to the Commission:

               (a)

               a list of the approved organisations referred to in Article 1(1);

               (b)

               information regarding the nature and quantities of the various goods admitted free of duty in pursuance of Article 1;

               (c)

               measures taken to ensure compliance with Articles 78, 79 and 80 of Regulation (EC) No 1186/2009 with regard to goods falling under the scope of this Decision.

         Article 3
   Article 1 shall apply to importations made from 24 August 2016 to 30 June 2017.
   Article 4
   This Decision is addressed to the Italian Republic.

      Done at Brussels, 13 June 2017.

            For the Commission

         Pierre MOSCOVICI

            Member of the Commission

      (1)  OJ L 324, 10.12.2009, p. 23.


title: 2009/872/EC: Commission Decision of 30 November 2009 establishing a European Union Committee of Experts on Rare Diseases

text:
               2.12.2009

               EN

               Official Journal of the European Union

               L 315/18

      COMMISSION DECISION

   of 30 November 2009
   establishing a European Union Committee of Experts on Rare Diseases
   (2009/872/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 152 thereof,
   Whereas:

               (1)

               The Commission White Paper ‘Together for health: a strategic approach for the EU 2008-2013’ (1) adopted by the Commission on 23 October 2007, developing the EU health strategy, identified rare diseases as a priority for action.

               (2)

               In parallel, the European Parliament and the Council adopted Decision No 1350/2007/EC of 23 October 2007 establishing a second programme of Community action in the field of health (2008 to 2013) (2). According to Article 7(2) as well as to the Annex to that Decision, the actions in the field of generation and dissemination of health information and knowledge shall be implemented in close cooperation with Member States developing consultation mechanisms and participatory processes.

               (3)

               The European Commission adopted on 11 November 2008 the ‘Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on rare diseases: Europe's challenges’ (3) (hereafter referred to as the Commission Communication) and the Council on 8 June 2009 a Council Recommendation on an action in the field of rare diseases (4) (hereafter referred to as the Council Recommendation).

               (4)

               The preparation and implementation of Community activities in the field of rare diseases require close cooperation with the specialised bodies in Member States and with the interested parties.

               (5)

               Therefore, a framework is required for the purpose of regular consultations with those bodies, with the managers of projects supported by the European Commission in the fields of research and public health action and with other relevant stakeholders acting in the field.

               (6)

               This need for a framework was reflected in the Communication COM(2008) 679 final on rare diseases. Point 7 of the Communication recommended that the Commission be assisted by a European Union Advisory Committee on Rare Diseases.

               (7)

               The Committee shall not act as a Committee within the meaning of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (5),

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Commission hereby establishes a Committee of Experts on Rare Diseases, hereinafter referred to as ‘the Committee’.
   Article 2
   1.   The Committee acting in the public interest shall assist the Commission in formulating and implementing the Community's activities in the field of rare diseases, and shall foster exchanges of relevant experience, policies and practices between the Member States and the various parties involved.
   2.   The tasks of the Committee shall not comprise issues covered by Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on orphan medicinal products (6) and issues that fall under the tasks of the Committee of Orphan Medicinal Products (COMP), set up by Article 4 of that Regulation, nor issues that fall under the tasks of the Pharmaceutical Committee, set up by Council Decision 75/320/EEC (7).
   3.   To achieve the aims referred to in paragraph 1, the Committee shall:

               (a)

               assist the Commission in the monitoring, evaluating and disseminating the results of measures taken at Community and national level in the field of rare diseases;

               (b)

               contribute to the implementation of Community actions in the field, in particular by analysing the results and suggesting improvements to the measures taken;

               (c)

               contribute to the preparation of Commission reports on the implementation of the Commission Communication and the Council Recommendation;

               (d)

               deliver opinions, recommendations or submit reports to the Commission either at the latter's request or on its own initiative;

               (e)

               assist the Commission in international cooperation on matters relating to rare diseases;

               (f)

               assist the Commission in drawing up guidelines, recommendations and any other action defined in the Commission Communication and in the Council Recommendation;

               (g)

               provide an annual report of its activities to the Commission.

         4.   The Committee shall adopt its rules of procedure in agreement with the Commission.
   Article 3
   1.   The Committee shall comprise 51 members and the corresponding alternates, namely:

               (a)

               one representative per Member State from ministries or government agencies responsible for rare diseases; the representative shall be designated by the government of each Member State;

               (b)

               four representatives from patients' organisations;

               (c)

               four representatives of the pharmaceutical industry;

               (d)

               nine representatives of ongoing and/or past Community projects in the field of rare diseases financed by the programmes of Community action in the field of health (8) including three members of the pilot European Reference Networks on rare diseases;

               (e)

               six representatives of the ongoing and/or past rare diseases projects financed by the Community Framework Programmes for Research and Technological Development (9);

               (f)

               one representative of the European Centre for Disease Prevention and Control (ECDC), whose mandate, established in accordance with 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 (10) includes activities on rare emerging infectious diseases.

         On request of the governments of the States concerned, the Commission can decide to extend the composition of the Committee with a representative of each of the EFTA States which are party to the Agreement on the European Economic Area, from the ministry or government agency responsible for rare diseases and designated by the government of the State concerned.
   2.   Representatives of the Commission, of the European Medicines Agency (EMEA) as well as the Chair or Vice-Chair of the Committee for Orphan Medicinal Products (COMP) may attend the meetings of the Committee.
   3.   Representatives of international and professional organisations and other associations acting in the field of rare diseases making duly substantiated requests to the Commission may be given observer status.
   4.   The Commission shall appoint the members of the Committee corresponding to groups (b) to (e) of paragraph 1 from a list of suitable candidates established following publication of a call for expressions of interest in the Official Journal of the European Union and on the Commission website. The call for expressions of interests shall specify the required qualifications and conditions to become member of the Committee. All members of the Committee shall undertake to act in the public interest.
   5.   Members of the Committee corresponding to groups (b) to (e) shall undertake to act in an independent manner. They are under no power of direction from their body of origin when carrying out their tasks as Committee member.
   Article 4
   The term of office of members of the Committee shall be three years and shall be renewable. They shall remain in office until such time as they are replaced.
   A member's term of office shall come to an end before the expiry of the three-year period in the event of her/his resignation, the termination of her/his membership of the organisation which she/he represents, permanent incapacity to attend the meetings, incapacity to contribute effectively to the committee's deliberations, non-respect of the conditions set in Article 287 of the Treaty establishing the European Community, or in case of subsequent non-compliance with the qualifications and conditions specified in the call for expression of interests. A member's terms of office may also be terminated if the organisation which nominated her/him requests her/his replacement.
   Members whose term of office comes to an end before the expiry of the three-year period may be replaced for the remaining period of their mandate.
   Article 5
   1.   The Committee shall elect a chairperson and three vice-chairpersons, with a one-year term of office, from different categories of members of the Committee, in accordance with the procedure laid down in Article 10. The vice-chairpersons shall stand in for the chairperson in the absence of the chairperson.
   2.   The chairperson and vice-chairpersons together with a representative of the Commission shall constitute the Bureau of the Committee, which shall prepare the work of the Committee.
   3.   The Secretariat of the Committee shall be provided by the Commission. The minutes of the Committee's meetings shall be drawn up by the Commission.
   Article 6
   The Bureau of the Committee may invite any person who is specially qualified in a particular subject on the agenda to take part in the work of the Committee as an external expert.
   External experts shall only take part in the work on the particular subject for which their attendance is requested.
   Article 7
   1.   The Committee may set up temporary working groups. These groups may notably be established when work of a temporary or ad-hoc nature is required such as preparation of proposals on a specific scientific topic, or preparation of responses to specific questions raised by the Committee in relation to specific scientific fields.
   2.   Working groups consist of external experts selected according to their specific expertise.
   3.   The Committee shall adopt a mandate for each working group, indicating its objectives, composition, meeting frequency and the duration of its activity.
   4.   For the preparation of its opinions, the Committee may entrust a rapporteur, who can be one of its members or an external expert, with the task of drawing up reports in accordance with its rules of procedure.
   5.   One or more members of the Committee may be nominated by the Committee to participate as observers in the activities of other expert groups of the Commission.
   Article 8
   No remuneration shall be attached to a member's duties; travelling and subsistence expenses for meetings of the Committee and of the working groups set up under Article 7 shall be met by the Commission in accordance with the administrative rules in force.
   Measures adopted under Articles 6 and 7 having financial implications for the budget of the European Communities shall be submitted for the prior agreement of the Commission and shall be implemented in accordance with the Financial Regulation applicable to the general budget of the European Communities.
   Article 9
   The Committee shall be convened by the Commission and shall meet on its premises. It shall meet at least three times per year.
   Article 10
   1.   The quorum required for the adoption of opinions, reports or recommendations by the Committee shall be reached when two thirds of the total members of the Committee are present.
   2.   Whenever possible, scientific opinions, reports or recommendations of the Committee shall be taken by consensus. If such a consensus cannot be reached, the opinion shall be adopted by a majority of the Committee members who are present.
   3.   The Commission, when requesting the Committee's opinion or a recommendation, may set a deadline within which the opinion should be delivered.
   4.   The views expressed by the different categories represented in the Committee shall be recorded in the minutes, which shall be transmitted to the Commission. Where the opinion requested has been agreed unanimously by the Committee, the Committee shall draft common conclusions which shall be annexed to the minutes.
   5.   Draft opinions and recommendations can, after approval of the Chairperson, be submitted by the Secretariat to the Committee for adoption by a written procedure to be laid down in the rules of procedure of the Committee. However, such written procedures should be, as much as possible, restricted to urgent measures required to be taken between scheduled meetings.
   Article 11
   Without prejudice to Article 287 of the Treaty, members of the Committee are required not to disclose information obtained in the course of their work on the Committee or its sub-groups or working groups when informed by the Commission that the opinion requested or question asked concerns a confidential matter.
   In such cases, only members of the Committee and representatives of the Commission shall attend meetings.
   Article 12
   This Committee will replace the current European Union Rare Diseases Task Force created on the basis of Commission Decision 2004/192/EC of 25 February 2004 adopting the work plan for 2004 for the implementation of the programme of Community action in the field of public health (2003 to 2008), including the annual work programme for grants (11).

      Done at Brussels, 30 November 2009.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  COM(2007) 630 final, 23.10.2007.

      (2)  OJ L 301, 20.11.2007, p. 3.

      (3)  COM(2008) 679 final, 11.11.2008.

      (4)  OJ C 151, 3.7.2009, p. 7.

      (5)  OJ L 184, 17.7.1999, p. 23.

      (6)  OJ L 18, 22.1.2000, p. 1.

      (7)  OJ L 147, 9.6.1975, p. 23.

      (8)  OJ L 155, 22.6.1999, p. 1; OJ L 271, 9.10.2002, p. 1; OJ L 301, 20.11.2007, p. 3.

      (9)  OJ L 412, 30.12.2006, p. 1.

      (10)  OJ L 142, 30.4.2004, p. 1.

      (11)  OJ L 60, 27.2.2004, p. 58.


Avis juridique important

|

41992D0555

92/555/ECSC: Decision of the representatives of the Governments of the Member States, meeting within the Council, of 7 December 1992 amending Decision 92/285/ECSC prohibiting trade between the European Coal and Steel Community and the Republic of Serbia and Montenegro

Official Journal L 358 , 08/12/1992 P. 0018 - 0019

DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL, of 7 December 1992 amending Decision 92/285/ECSC prohibiting trade between the European Coal and  Steel Community and the Republic of Serbia and Montenegro (92/555/ECSC) THE  REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY,  MEETING WITHIN THE COUNCIL, Whereas under Decision 92/285/ECSC  (1) trade in products covered by the ECSC Treaty between the  European Coal and Steel Community and the Republics of Serbia and Montenegro is prohibited; Whereas it is of utmost importance to strengthen the application of the embargo on the Republics of  Serbia and Montenegro; Whereas to this effect, the United Nations Security Councils, acting under Chapter VII of the  Charter of the United Nations, has inoperative paragraphs 9 and 10 of Regulation 787 (1982) adopted  provisions for a prohibition of transhipment of certain products through the Republics of Serbia  and Montenegro, unless certain conditions are met, and for the conditions under which vessels are  to be considered vessels of the Republics of Serbia and Montenegro; Whereas the Ministers, meeting within the Council in the framework of the Political cooperation,  noted with concern the increasing violations and the inefficient character of current procedures;  whereas they agreed on the necessity of strengthening the application of sanctions in particular in  the oil sector and more generally with regard to transhipment; Whereas in these circumstances it is necessary to amend Decision 92/285/ECSC accordingly; In agreement with the Commission, HAVE DECIDED AS FOLLOWS: Article 1 Article 2 (c) of Decision 92/285/ECSC is  hereby amended as follows: '(c)  the transhipment through the Republics of Serbia and Montenegro of commodities and products  covered by the ECSC Treaty originating outside the Republics of Serbia and Montenegro and  temporarily present in the territory of those Republics only for the purpose of such transhipment,  provided that such transhipment is specifically authorized on a case-by-case basis by the Committee  established by United Nations Security Council Resolution 724 (1991) under its "no objection"  procedure.` Article 2 This Decision shall enter into force on the day of its publication in the  Official Journal of the European Communities. It shall apply with effect from 17 November 1992. Done at Brussels, 7 December  1992. The President D. HURD   DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL, of 7 December 1992 amending Decision 92/285/ECSC prohibiting trade between the European Coal and  Steel Community and the Republic of Serbia and Montenegro (92/555/ECSC) THE  REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY,  MEETING WITHIN THE COUNCIL, Whereas under Decision 92/285/ECSC  (1) trade in products covered by the ECSC Treaty between the  European Coal and Steel Community and the Republics of Serbia and Montenegro is prohibited; Whereas it is of utmost importance to strengthen the application of the embargo on the Republics of  Serbia and Montenegro; Whereas to this effect, the United Nations Security Councils, acting under Chapter VII of the  Charter of the United Nations, has inoperative paragraphs 9 and 10 of Regulation 787 (1982) adopted  provisions for a prohibition of transhipment of certain products through the Republics of Serbia  and Montenegro, unless certain conditions are met, and for the conditions under which vessels are  to be considered vessels of the Republics of Serbia and Montenegro; Whereas the Ministers, meeting within the Council in the framework of the Political cooperation,  noted with concern the increasing violations and the inefficient character of current procedures;  whereas they agreed on the necessity of strengthening the application of sanctions in particular in  the oil sector and more generally with regard to transhipment; Whereas in these circumstances it is necessary to amend Decision 92/285/ECSC accordingly; In agreement with the Commission, HAVE DECIDED AS FOLLOWS: Article 1 Article 2 (c) of Decision 92/285/ECSC is  hereby amended as follows: '(c)  the transhipment through the Republics of Serbia and Montenegro of commodities and products  covered by the ECSC Treaty originating outside the Republics of Serbia and Montenegro and  temporarily present in the territory of those Republics only for the purpose of such transhipment,  provided that such transhipment is specifically authorized on a case-by-case basis by the Committee  established by United Nations Security Council Resolution 724 (1991) under its "no objection"  procedure.` Article 2 This Decision shall enter into force on the day of its publication in the  Official Journal of the European Communities. It shall apply with effect from 17 November 1992. Done at Brussels, 7 December  1992. The President D. HURD


title: 2010/92/CFSP: Council Decision 2010/92/CFSP of 15 February 2010 extending restrictive measures against Zimbabwe

text:
               16.2.2010

               EN

               Official Journal of the European Union

               L 41/6

         COUNCIL DECISION 2010/92/CFSP
   of 15 February 2010
   extending restrictive measures against Zimbabwe
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 19 February 2004, the Council adopted Common Position 2004/161/CFSP renewing restrictive measures against Zimbabwe (1).

               (2)

               Council Common Position 2009/68/CFSP (2), adopted on 26 January 2009, extended Common Position 2004/161/CFSP until 20 February 2010.

               (3)

               In view of the situation in Zimbabwe, in particular the lack of progress in the implementation of the Global Political Agreement signed in September 2008, the restrictive measures provided for in Common Position 2004/161/CFSP should be extended for a further period of 12 months.

               (4)

               However, there are no longer grounds for keeping certain persons and entities on the list of persons, entities and bodies to which Common Position 2004/161/CFSP applies. The list set out in the Annex to Common Position 2004/161/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   The restrictive measures provided for in Common Position 2004/161/CFSP are hereby extended until 20 February 2011.
   Article 2
   The persons and entities mentioned in the Annex to this Decision shall be removed from the list set out in the Annex to Common Position 2004/161/CFSP.
   Article 3
   This Decision shall enter into force on the date of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 15 February 2010.

            For the Council

            The President

         Á. GABILONDO

      (1)  OJ L 50, 20.2.2004, p. 66.

      (2)  OJ L 23, 27.1.2009, p. 43.

      ANNEX

         Persons and entities referred to in Article 2

      I.   PERSONS

                  no3

                  Al Shanfari, Thamer Bin

                  no39

                  Dabengwa, Dumiso

                  no54

                  Hove, Richard

                  no57

                  Jangara (a.k.a. Changara), Thomsen

                  no113

                  Msika, Joseph W.

                  no203

                  Zvinavashe, Vitalis

            II.   ENTITIES

                  no16

                  Industrial Development Corporation of Zimbabwe

                  no17

                  Intermarket Holdings Ltd

                  no22

                  Oryx Diamonds Ltd (a.k.a. Oryx Natural Resources)

                  no27

                  Scotfin Ltd

                  no33

                  ZB Financial Holdings Ltd (a.k.a. Finhold)

                  no34

                  ZB Holdings Ltd

                  no37

                  Zimbabwe Iron and Steel Company (a.k.a. Zisco, Ziscosteel)

                  no39

                  Zimre Holdings Ltd

                  no40

                  Zimre Reinsurance Company (PVT) Ltd