title: EFTA Surveillance Authority Decision No 94/06/COL of 19 April 2006 amending for the fifty-seventh time the procedural and substantive rules in the field of State aid

text:
               5.2.2009

               EN

               Official Journal of the European Union

               L 36/62

         EFTA SURVEILLANCE AUTHORITY DECISION

   No 94/06/COL
   of 19 April 2006
   amending for the fifty-seventh time the procedural and substantive rules in the field of State aid
   THE EFTA SURVEILLANCE AUTHORITY (1),
   HAVING REGARD to the Agreement on the European Economic Area (2), in particular to Articles 61 to 63 and Protocol 26 thereof,
   HAVING REGARD to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice (3), in particular to Articles 24 and 5(2)(b) thereof and Article 1 in Part I of Protocol 3 thereof,
   WHEREAS under Article 24 of the Surveillance and Court Agreement, the 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 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 Authority considers it necessary,
   RECALLING the Procedural and Substantive Rules in the Field of State Aid (4) adopted on 19 January 1994 by the Authority (5),
   WHEREAS, according to point II under the heading ‘GENERAL’ at the end of Annex XV to the EEA Agreement, the Authority is to adopt, after consultation with the European Commission, acts corresponding to those adopted by the European Commission,
   WHEREAS the European Commission has issued a Commission Recommendation 2003/361/EC (6) on the definition of micro, small and medium-sized enterprises which replaces the previous Commission Recommendation 96/280/EC (7) on the definition of small and medium-sized enterprises,
   WHEREAS the former Chapter 10 of the State Aid Guidelines which incorporated Commission Recommendation 96/280/EC was deleted by the EFTA Surveillance Authority by Decision No 198/03/COL of 5 November 2003 (8) due to the fact that the new definition of SMEs, set out in the new Commission Recommendation 2003/361/EC, had also been incorporated into the Annex of a new block exemption Regulation on aid to SMEs (9),
   WHEREAS the definition of SMEs serves as a general reference tool within the State Aid Guidelines, which contain several references to the definition of SMEs, the Authority considers it useful to incorporate the new definition of SMEs, set forth in the new Commission Recommendation 2003/361/EC, into the State Aid Guidelines,
   WHEREAS the definition of micro, small and medium-sized enterprises in the new Commission Recommendation 2003/361/EC should therefore be taken into the State Aid Guidelines as a new Chapter 10,
   WHEREAS other Chapters in the State Aid Guidelines refer to the previous definition of small and medium-sized enterprises given in the former Chapter 10 and should therefore be amended to refer to the new definition of micro, small and medium-sized enterprises,
   RECALLING that the Authority has consulted the European Commission on the incorporation of Commission Recommendation 2003/361/EC into the State Aid Guidelines,
   RECALLING that the Authority has consulted the EFTA States in letters to Iceland, Liechtenstein and Norway dated 7 February 2006 on the subject,
   HAS ADOPTED THIS DECISION:
   Article 1
   The Authority’s State Aid Guidelines are amended by introducing a new Chapter 10 on the definition of micro, small and medium-sized enterprises. The new Chapter 10 is enclosed and forms an integral part of this Decision. Other Chapters in the State Aid Guidelines which refer to the previous definition of small and medium-sized enterprises, set out in the former Chapter 10, are amended to refer to the new definition of micro, small and medium-sized enterprises, set out in Commission Recommendation 2003/361/EC.
   The new Chapter 10 will apply as of its adoption by the Authority.
   Article 2
   The EFTA States shall be informed by means of a letter, including a copy of this Decision and the enclosed new Chapter 10 of the Authority’s State Aid Guidelines.
   Article 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 and the enclosed new Chapter 10 of the Authority’s State Aid Guidelines.
   Article 4
   The Decision, including its Annex, shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

      Done at Brussels, 19 April 2006.

            For the EFTA Surveillance Authority

         Bjørn T. GRYDELAND

            President

         Kurt JAEGER

            College Member

      (1)  Hereinafter referred to as the Authority.

      (2)  Hereinafter referred to as the EEA Agreement.

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

      (4)  The compilation of the notices, guidelines etc. adopted by the Authority in this respect is hereinafter referred to as the State Aid Guidelines.

      (5)  Initially published in OJ L 231, 3.9.1994, p. 1, and in the EEA Supplement thereto No 32 on the same date. An updated version of the State Aid Guidelines is available on the Authority’s website: www.eftasurv.int

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

      (7)  OJ L 107, 30.4.1996, p. 4.

      (8)  OJ L 120, 12.5.2005, p. 39.

      (9)  Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises (OJ L 10, 13.1.2001, p. 33), as amended by Commission Regulation (EC) No 364/2004 (OJ L 63, 28.2.2004, p. 22). Both Regulations have been incorporated into Section 1f in Annex XV to the EEA Agreement by Joint Committee Decision No 88/2002 (OJ L 266, 3.10.2002, p. 56 and EEA Suppl. No 49, 3.10.2002, p. 42) and Joint Committee Decision No 131/2004 (OJ L 64, 10.3.2005, p. 67 and EEA Supplement No 12, 10.3.2005, p. 49).

      ANNEX

         ‘10   AID TO MICRO, SMALL AND MEDIUM-SIZED ENTERPRISES (SMEs)
         10.1   Introduction

                     (1)

                     The previous Chapter 10 contained the incorporation of the Commission’s Recommendation 96/280/EC (1) concerning the definition of small and medium-sized enterprises. Based on a number of interpretation difficulties which had emerged in the application of Commission Recommendation 96/280/EC, and following observations received from enterprises, it was required to make a number of amendments to Commission Recommendation 96/280/EC. However, for the sake of clarity, the Commission decided rather to replace Commission Recommendation 96/280/EC with a new Commission Recommendation 2003/361/EC containing a new definition of micro, small and medium-sized enterprises (hereinafter referred to as SME).

                     (2)

                     The EFTA Surveillance Authority deleted the previous Chapter 10 (incorporating Commission Recommendation 96/280/EC) by Decision No 198/03/COL of 5 November 2003 (2) due to the fact that the new definition of SMEs, set out in the new Commission Recommendation 2003/361/EC, had also been incorporated into the Annex of a new block exemption Regulation on aid to SMEs (3).

                     (3)

                     Nonetheless, in view of the fact that the definition of SMEs serves as a general reference tool within the State Aid Guidelines, which contains several references to the definition of SMEs, the Authority considers it useful to incorporate the new definition of SMEs, set forth in the new Commission Recommendation 2003/361/EC, into the State Aid Guidelines. The present new Chapter 10 therefore incorporates the new definition of SMEs set out in Commission Recommendation 2003/361/EC (4).

                     (4)

                     It should be made clear that, in accordance with:

                                 (i)

                                 Articles 48, 81 and 82 of the EC Treaty as interpreted by the Court of Justice of the European Communities; and

                                 (ii)

                                 Articles 34, 53 and 54 of the EEA Agreement as interpreted by the EFTA Court and the Court of Justice of the European Communities;

                           an enterprise should be considered to be any entity, regardless of its legal form, engaged in economic activities, including in particular entities engaged in a craft activity and other activities on an individual or family basis, partnerships or associations regularly engaged in economic activities.

                     (5)

                     The criterion of staff numbers (the staff headcount criterion) remains undoubtedly one of the most important, and must be observed as the main criterion; introducing a financial criterion is nonetheless a necessary adjunct in order to grasp the real scale and performance of an enterprise and its position compared to its competitors. However, it would not be desirable to use turnover as the sole financial criterion, in particular because enterprises in the trade and distribution sector have by their nature higher turnover figures than those in the manufacturing sector. Thus the turnover criterion should be combined with that of the balance sheet total, a criterion which reflects the overall wealth of a business, with the possibility of either of these two criteria being exceeded.

                     (6)

                     The turnover ceiling refers to enterprises engaged in very different types of economic activity. In order not to restrict unduly the usefulness of applying the definition, it should be updated to take account of changes in both prices and productivity.

                     (7)

                     As regards the ceiling for the balance sheet total, in the absence of any new element, it is justified to maintain the approach whereby the turnover ceilings are subjected to a coefficient based on the statistical ratio between the two variables. The statistical trend requires a greater increase to be made to the turnover ceiling. Since the trend differs according to the size-category of the enterprise, it is also appropriate to adjust the coefficient in order to reflect the economic trend as closely as possible and not to penalise microenterprises and small enterprises as opposed to medium-sized enterprises. This coefficient is very close to 1 in the case of microenterprises and small enterprises. To simplify matters, therefore, a single value must be chosen for those categories for the turnover ceiling and balance sheet total ceiling.

                     (8)

                     Microenterprises — a category of small enterprises particularly important for the development of entrepreneurship and job creation — should also be better defined.

                     (9)

                     To gain a better understanding of the real economic position of SMEs and to remove from that category groups of enterprises whose economic power may exceed that of genuine SMEs, a distinction should be made between various types of enterprises, depending on whether they are autonomous, whether they have holdings which do not entail a controlling position (partner enterprises), or whether they are linked to other enterprises. The limit set out in the previous Commission Recommendation 96/280/EC of a 25 % holding below which an enterprise is considered autonomous, is maintained.

                     (10)

                     In order to encourage the creation of enterprises, equity financing of SMEs and rural and local development, enterprises can be considered autonomous despite a holding of 25 % or more by certain categories of investors who have a positive role in business financing and creation. However, conditions for these investors have not previously been specified. The case of “business angels” (individuals or groups of individuals pursuing a regular business of investing venture capital) deserves special mention because — compared to other venture capital investors — their ability to give relevant advice to new entrepreneurs is extremely valuable. Their investment in equity capital also complements the activity of venture capital companies, as they provide smaller amounts at an earlier stage of the enterprise’s life.

                     (11)

                     To simplify matters, in particular for EFTA States and enterprises, use should be made when defining linked enterprises of the conditions laid down in Article 1 of Council Directive 83/349/EEC of 13 June 1983 on consolidated accounts (5), as last amended by Directive 2001/65/EC of the European Parliament and of the Council (6), in so far as these conditions are suitable for the purposes of this Chapter. To strengthen the incentives for investing in the equity funding of an SME, the presumption of absence of dominant influence on the enterprise in question was introduced, in pursuance of the criteria of Article 5(3), of Council Directive 78/660/EEC of 25 July 1978 on the annual accounts of certain types of companies (7), as last amended by Directive 2001/65/EC.

                     (12)

                     Account should also be taken, in suitable cases, of relations between enterprises which pass through natural persons, with a view to ensuring that only those enterprises which really need the advantages accruing to SMEs from the different rules or measures in their favour actually benefit from them. In order to limit the examination of these situations to the strict minimum, the account taken of such relationships has been restricted to the relevant market or to adjacent markets — reference being had, where necessary, to the Authority’s definition of “relevant markets” in Annex I to its Decision on the definition of the relevant market for the purpose of competition law within the EEA (8).

                     (13)

                     In order to avoid arbitrary distinctions between different public bodies of an EFTA State, and given the need for legal certainty, it is considered necessary to confirm that an enterprise with 25 % or more of its capital or voting rights controlled by a public body is not an SME.

                     (14)

                     In order to ease the administrative burden for enterprises, and to simplify and speed up the administrative handling of cases for which SME status is required, it is appropriate to allow enterprises to use solemn declarations to certify certain of their characteristics.

                     (15)

                     It is necessary to establish in detail the composition of the staff headcount for SME definition purposes. In order to promote the development of vocational training and sandwich courses, it is desirable, when calculating staff numbers, to disregard apprentices and students with a vocational training contract. Similarly, maternity or parental leave periods should not be counted.

                     (16)

                     The various types of enterprise defined according to their relationship with other enterprises correspond to objectively differing degrees of integration. It is therefore appropriate to apply distinct procedures to each of those types of enterprise when calculating the quantities representing their activities and economic power.

               10.2   Definition of micro, small and medium-sized enterprises
         10.2.1   Enterprise

                     (17)

                     An enterprise is considered to be any entity engaged in an economic activity, irrespective of its legal form. This includes, in particular, self-employed persons and family businesses engaged in craft or other activities, and partnerships or associations regularly engaged in an economic activity.

               10.2.2   Staff headcount and financial ceilings determining enterprise categories

                     (18)

                     The category of micro, small and medium-sized enterprises is made up of enterprises which employ fewer than 250 persons and which have an annual turnover not exceeding EUR 50 million, and/or an annual balance sheet total not exceeding EUR 43 million.

                     (19)

                     Within the SME category, a small enterprise is defined as an enterprise which employs fewer than 50 persons and whose annual turnover and/or annual balance sheet total does not exceed EUR 10 million.

                     (20)

                     Within the SME category, a microenterprise is defined as an enterprise which employs fewer than 10 persons and whose annual turnover and/or annual balance sheet total does not exceed EUR 2 million.

               10.2.3   Types of enterprise taken into consideration in calculating staff numbers and financial amounts

                     (21)

                     An “autonomous enterprise” is any enterprise which is not classified as a partner enterprise within the meaning of paragraphs 22-23 or as a linked enterprise within the meaning of paragraphs 24-28.

                     (22)

                     “Partner enterprises” are all enterprises which are not classified as linked enterprises within the meaning of paragraphs 24-28 and between which there is the following relationship: an enterprise (upstream enterprise) holds, either solely or jointly with one or more linked enterprises within the meaning of paragraphs 24-28, 25 % or more of the capital or voting rights of another enterprise (downstream enterprise).

                     (23)

                     However, an enterprise may be ranked as autonomous, and thus as not having any partner enterprises, even if this 25 % threshold is reached or exceeded by the following investors, provided that those investors are not linked, within the meaning of paragraphs 24-28, either individually or jointly to the enterprise in question:

                                 (a)

                                 public investment corporations, venture capital companies, individuals or groups of individuals with a regular venture capital investment activity who invest equity capital in unquoted businesses (business angels), provided the total investment of those business angels in the same enterprise is less than EUR 1 250 000;

                                 (b)

                                 universities or non-profit research centres;

                                 (c)

                                 institutional investors, including regional development funds;

                                 (d)

                                 autonomous local authorities with an annual budget of less than EUR 10 million and fewer than 5 000 inhabitants.

                     (24)

                     “Linked enterprises” are enterprises which have any of the following relationships with each other:

                                 (a)

                                 an enterprise has a majority of the shareholders' or members' voting rights in another enterprise;

                                 (b)

                                 an enterprise has the right to appoint or remove a majority of the members of the administrative, management or supervisory body of another enterprise;

                                 (c)

                                 an enterprise has the right to exercise a dominant influence over another enterprise pursuant to a contract entered into with that enterprise or to a provision in its memorandum or articles of association;

                                 (d)

                                 an enterprise, which is a shareholder in or member of another enterprise, controls alone, pursuant to an agreement with other shareholders in or members of that enterprise, a majority of shareholders' or members' voting rights in that enterprise.

                     (25)

                     There is a presumption that no dominant influence exists if the investors listed in paragraph 23 are not involving themselves directly or indirectly in the management of the enterprise in question, without prejudice to their rights as stakeholders.

                     (26)

                     Enterprises having any of the relationships described in paragraph 24 through one or more other enterprises, or any one of the investors mentioned in paragraph 23, are also considered to be linked.

                     (27)

                     Enterprises which have one or other of such relationships through a natural person or group of natural persons acting jointly are also considered linked enterprises if they engage in their activity or in part of their activity in the same relevant market or in adjacent markets.

                     (28)

                     An “adjacent market” is considered to be the market for a product or service situated directly upstream or downstream of the relevant market.

                     (29)

                     Except in the cases set out in paragraph 23, an enterprise cannot be considered an SME if 25 % or more of the capital or voting rights are directly or indirectly controlled, jointly or individually, by one or more public bodies.

                     (30)

                     Enterprises may make a declaration of status as an autonomous enterprise, partner enterprise or linked enterprise, including the data regarding the ceilings set out in Section 10.2.2. The declaration may be made even if the capital is spread in such a way that it is not possible to determine exactly by whom it is held, in which case the enterprise may declare in good faith that it can legitimately presume that it is not owned as to 25 % or more by one enterprise or jointly by enterprises linked to one another. Such declarations are made without prejudice to the checks and investigations provided for by national or EEA rules.

               10.2.4   Data used for the staff headcount and the financial amounts and reference period

                     (31)

                     The data to apply to the headcount of staff and the financial amounts are those relating to the latest approved accounting period and calculated on an annual basis. They are taken into account from the date of closure of the accounts. The amount selected for the turnover is calculated excluding value added tax (VAT) and other indirect taxes.

                     (32)

                     Where, at the date of closure of the accounts, an enterprise finds that, on an annual basis, it has exceeded or fallen below the headcount or financial ceilings stated in Section 10.2.2, this will not result in the loss or acquisition of the status of medium-sized, small or microenterprise unless those ceilings are exceeded over two consecutive accounting periods.

                     (33)

                     In the case of newly established enterprises whose accounts have not yet been approved, the data to apply is to be derived from a bona fide estimate made in the course of the financial year.

               10.2.5   Staff headcount

                     (34)

                     The headcount corresponds to the number of annual work units (AWU), i.e. the number of persons who worked full-time within the enterprise in question or on its behalf during the entire reference year under consideration. The work of persons who have not worked the full year, the work of those who have worked part-time, regardless of duration, and the work of seasonal workers are counted as fractions of AWU. The staff consists of:

                                 (a)

                                 employees;

                                 (b)

                                 persons working for the enterprise being subordinated to it and deemed to be employees under national law;

                                 (c)

                                 owner-managers;

                                 (d)

                                 partners engaging in a regular activity in the enterprise and benefiting from financial advantages from the enterprise.

                     (35)

                     Apprentices or students engaged in vocational training with an apprenticeship or vocational training contract are not included as staff. The duration of maternity or parental leaves is not counted.

               10.2.6   Establishing the data of an enterprise

                     (36)

                     In the case of an autonomous enterprise, the data, including the number of staff, are determined exclusively on the basis of the accounts of that enterprise.

                     (37)

                     The data, including the headcount, of an enterprise having partner enterprises or linked enterprises are determined on the basis of the accounts and other data of the enterprise or, where they exist, the consolidated accounts of the enterprise, or the consolidated accounts in which the enterprise is included through consolidation.

                     (38)

                     To the data referred to in paragraph 37 are added the data of any partner enterprise of the enterprise in question situated immediately upstream or downstream from it. Aggregation is proportional to the percentage interest in the capital or voting rights (whichever is greater). In the case of cross-holdings, the greater percentage applies.

                     (39)

                     To the data referred to in paragraphs 37 and 38 is added 100 % of the data of any enterprise, which is linked directly or indirectly to the enterprise in question, where the data were not already included through consolidation in the accounts.

                     (40)

                     For the application of paragraphs 37-39, the data of the partner enterprises of the enterprise in question are derived from their accounts and their other data, consolidated if they exist. To these is added 100 % of the data of enterprises which are linked to these partner enterprises, unless their accounts data are already included through consolidation.

                     (41)

                     For the application of the same paragraphs 37-39, the data of the enterprises which are linked to the enterprise in question are to be derived from their accounts and their other data, consolidated if they exist. To these is added, pro rata, the data of any possible partner enterprise of that linked enterprise, situated immediately upstream or downstream from it, unless it has already been included in the consolidated accounts with a percentage at least proportional to the percentage identified under paragraph 38.

                     (42)

                     Where in the consolidated accounts no staff data appear for a given enterprise, staff figures are calculated by aggregating proportionally the data from its partner enterprises and by adding the data from the enterprises to which the enterprise in question is linked.

               10.2.7   Revision

                     (43)

                     On the basis of a review of the application of the definition contained in this Chapter, to be drawn up following the issuance of a draft by the European Commission in this respect, and taking account of any amendments to Article 1 of Directive 83/349/EEC on the definition of linked enterprises within the meaning of that Directive, the Authority will, if necessary, adapt the definition contained in this Chapter, and in particular the ceilings for turnover and the balance-sheet total in order to take account of experience and economic developments in the EEA.

               10.3   Adoption

                     (44)

                     The new Chapter 10 will apply as of the date of its adoption by the EFTA Surveillance Authority.’

         (1)  Commission’s Recommendation 96/280/EC (OJ L 107, 30.4.1996, p. 4).

         (2)  College Decision No 198/03/COL of 5 November 2003 (OJ L 120, 12.5.2005, p. 39).

         (3)  Commission Regulation (EC) No 70/2001 of 12 January 2001 on the application of Articles 87 and 88 of the EC Treaty to State aid to small and medium-sized enterprises (OJ L 10, 13.1.2001, p. 33), as amended by Commission Regulation (EC) No 364/2004 of 25 February 2004 (OJ L 63, 28.2.2004, p. 22). Both Regulations have been incorporated into Section 1f in Annex XV to the EEA Agreement by Joint Committee Decision No 88/2002 (OJ L 266, 3.10.2002, p. 56 and EEA Suppl. No 49, 3.10.2002, p. 42) and Joint Committee Decision No 131/2004 (OJ L 64, 10.3.2005, p. 67 and EEA Supplement No 12, 10.3.2005, p. 49).

         (4)  Commission Recommendation 2003/361/EC concerning the definition of micro, small and medium-sized enterprises (OJ L 124, 20.5.2003, p. 36).

         (5)  Council Directive 83/349/EEC of 13 June 1983 (OJ L 193, 18.7.1983, p. 1), incorporated into Section 4 of Annex XXII to the EEA Agreement.

         (6)  Directive 2001/65/EC of the European Parliament and of the Council (OJ L 283, 27.10.2001, p. 28), incorporated into Section 4 of Annex XXII to the EEA Agreement by Joint Committe Decision No 176/2003 of 5 December 2003 (OJ L 88, 25.3.2004, p. 53, and EEA Supplement No 15, 25.3.2004, p. 14).

         (7)  Council Directive 78/660/EEC of 25 July 1978 (OJ L 222, 14.8.1978, p. 11), incorporated into Section 4 of Annex XXII to the EEA Agreement.

         (8)  College Decision No 46/98/COL of 4 March 1998 (OJ L 200, 16.7.1998, p. 46, and EEA Supplement No 52, 18.12.1997, p. 10). This Decision corresponds to the Commission notice on the definition of the relevant market for the purpose of Community competition law (OJ C 372, 9.12.1997, p. 5).


title: 2005/814/EC: Commission Decision of 18 November 2005 adopting Community import decisions for certain chemicals pursuant to Regulation (EC) No 304/2003 of the European Parliament and of the Council and amending Decision 2000/657/EC   (Text with EEA relevance)

text:
               23.11.2005

               EN

               Official Journal of the European Union

               L 304/46

      COMMISSION DECISION

   of 18 November 2005
   adopting Community import decisions for certain chemicals pursuant to Regulation (EC) No 304/2003 of the European Parliament and of the Council and amending Decision 2000/657/EC
   (Text with EEA relevance)
   (2005/814/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Regulation (EC) No 304/2003 of the European Parliament and of the Council of 28 January 2003 concerning the export and import of dangerous chemicals (1), and in particular the first subparagraph of Article 12(1) thereof,
   After consulting the Committee established by Article 29 of Council Directive 67/548/EEC of 27 June 1967 on the approximation of laws, regulations and administrative provisions relating to the classification, packaging and labelling of dangerous substances (2),
   Whereas:

               (1)

               Under Regulation (EC) No 304/2003 the Commission is required to decide on behalf of the Community, whether or not to permit the import into the Community of each chemical subject to the Prior Informed Consent (PIC) procedure.

               (2)

               The United Nations Environment Programme (UNEP) and the Food and Agriculture Organization (FAO) have been appointed to provide secretariat services for the operation of the PIC procedure established by the Rotterdam Convention on the Prior Informed Consent (PIC) procedure for certain hazardous chemicals and pesticides in international trade; the Convention was approved, on behalf of the Community, by Council Decision 2003/106/EC (3).

               (3)

               The Commission, acting as common designated authority, is required to forward decisions on chemicals to the Secretariat of the Convention, on behalf of the Community and its Member States.

               (4)

               The chemicals tetraethyl lead and tetramethyl lead have been added to the PIC procedure, as industrial chemicals. The Commission has received information about both chemicals in the form of a single decision guidance document. Both chemicals are severely restricted at Community level since their use as anti-knock agents in petrol is effectively banned, subject to minor exemptions, by Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels and amending Council Directive 93/12/EEC (4). An import decision should therefore be taken accordingly.

               (5)

               The chemical parathion has also been added to the PIC procedure, as a pesticide, for which the Commission has received information from the Secretariat in the form of a decision guidance document.

               (6)

               Parathion falls within the scope of Council Directive 91/414/EEC of 15 July 1991 concerning the placing of plant protection products on the market (5). By Commission Decision 2001/520/EC of 9 July 2001 concerning the non-inclusion of parathion in Annex I to Council Directive 91/414/EEC and the withdrawal of authorisations for plant protection products containing this active substance (6), parathion was excluded from Annex I to Directive 91/414/EEC and authorisations for plant protection products containing it had to be withdrawn by 8 January 2002. Parathion had previously been included in the interim PIC procedure to the extent that certain severely hazardous pesticide formulations containing parathion were listed in Annex III to the Convention, which was reflected in the response form set out in the Annex to Commission Decision 2000/657/EC of 16 October 2000 adopting Community import decisions for certain chemicals pursuant to Council Regulation (EEC) No 2455/92 concerning the export and import of certain dangerous chemicals (7). The entry for parathion in Annex III to the Convention needs to be replaced by an entry covering parathion in all its forms. A new import decision should therefore be taken.

               (7)

               Decision 2000/657/EC should therefore be amended accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The decision on the import of the chemical tetraethyl lead, as set out on the form for importing country responses in Annex I, is adopted.
   2.   The decision on the import of the chemical tetramethyl lead, as set out on the form for importing country responses in Annex II, is adopted.
   Article 2
   The decision on the import of parathion as set out in the Annex to Decision 2000/657/EC is replaced by the import decision set out on the form for importing country responses in Annex III to this Decision.

      Done at Brussels, 18 November 2005.

            For the Commission

         Stavros DIMAS

            Member of the Commission

      (1)  OJ L 63, 6.3.2003, p. 1. Regulation as last amended by Commission Regulation (EC) No 775/2004 (OJ L 123, 27.4.2004, p. 27).

      (2)  OJ 196, 16.8.1967, p. 1. Directive as last amended by Commission Directive 2004/73/EC (OJ L 152, 30.4.2004, p. 1).

      (3)  OJ L 63, 6.3.2003, p. 27.

      (4)  OJ L 350, 28.12.1998, p. 58. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

      (5)  OJ L 230, 19.8.1991, p. 1. Directive as last amended by Commission Directive 2005/34/EC (OJ L 125, 18.5.2005, p. 5).

      (6)  OJ L 187, 10.7.2001, p. 47.

      (7)  OJ L 275, 27.10.2000, p. 44. Decision as last amended by Decision 2005/416/EC (OJ L 147, 10.6.2005, p. 1).

      ANNEX I
      IMPORT DECISION FOR THE CHEMICAL SUBSTANCE TETRAETHYL LEAD

      ANNEX II
      IMPORT DECISION FOR THE CHEMICAL SUBSTANCE TETRAMETHYL LEAD

      ANNEX III
      IMPORT DECISION FOR THE CHEMICAL SUBSTANCE PARATHION


Avis juridique important

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E1995C0309(02)

Authorization of State aid pursuant to Article 61 of the EEA Agreement and Article 1 (3) of Protocol 3 to the Surveillance and Court Agreement EFTA Surveillance Authority decision not to raise objections

Official Journal C 060 , 09/03/1995 P. 0005 - 0005

Authorization of State aid pursuant to Article 61 of the EEA Agreement and Article 1 (3) of Protocol 3 to the Surveillance and Court Agreement EFTA Surveillance Authority decision not to raise objections (95/C 60/06)Date of adoption: 7. 12. 1994Member State: FinlandAid No: 94-037Title: consolidation guarantee scheme of the Finnish Guarantee BoardObjective: safeguarding the long-term economic viability of highly indebted SMEs by consolidating their bank credits and by granting a guarantee on the credit. During the consolidation period, which is at least five years, the bank commits itself to grant the company a grace period and to lower the interest of the credit. The financial situation and reorganization plan or the like of the company are carefully studied by the bank applying for the guarantee and by the Finnish Guarantee Board administering the scheme in order to ensure that eligible companies have the prerequisites for profitable operations in the long runLegal basis:- Act on State guarantees for consolidation of credits (Laki valtion vakauttamistakauksista, 529/93),- Government proposal on amending the act on State guarantee for consolidation of credits (Laki valtion vakauttamistakauksista annetun lain muuttamisesta (HE 265/94))Form of aid:- guarantee covers 50 % of consolidated credits of SMEs,- total amount of outstanding guarantees may not exceed FM 3 500 million at any one timeDuration: Until end of 1995Conditions: Simplified annual report


title: Council Decision of 12 July 2011 appointing the alternate to the Chairperson of the Board of Appeal of the Community Plant Variety Office

text:
               15.7.2011

               EN

               Official Journal of the European Union

               C 209/17

         COUNCIL DECISION
   of 12 July 2011
   appointing the alternate to the Chairperson of the Board of Appeal of the Community Plant Variety Office
   2011/C 209/09
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 2100/94 of 27 July 1994 on Community plant variety rights (1), and in particular Article 47(1) thereof,
   Having regard to the list of candidates proposed by the Commission on 20 April 2011, after obtaining the opinion of the Administrative Council of the Community Plant Variety Office,
   Whereas:

               (1)

               On 17 December 2007, the Council adopted Decision 2007/858/EC (2) appointing Mr Paul A.C.E. VAN DER KOOIJ as the Chairperson of the Board of Appeal of the Community Plant Variety Office and Mr Timothy MILLETT as his alternate.

               (2)

               Following the resignation of Mr Timothy MILLETT, the position as alternate to the Chairperson of the Board of Appeal has become vacant,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ms Sari Kaarina HAUKKA, born on 12 July 1966, is hereby appointed alternate to the Chairperson of the Board of Appeal of the Community Plant Variety Office for a period of five years.
   Her term in office shall run from the date on which she take up her duties. Such date shall be agreed with the President and the Administrative Council of the Office.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 12 July 2011.

            For the Council

            The President

         J. VINCENT-ROSTOWSKI

      (1)  OJ L 227, 1.9.1994, p. 1.

      (2)  OJ L 337, 21.12.2007, p. 105.


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31996D0508(02)

Council Decision of 22 April 1996 appointing a member of the Advisory Committee on the Training of Midwives

Official Journal C 136 , 08/05/1996 P. 0002 - 0002

COUNCIL DECISION of 22 April 1996 appointing a member of the Advisory Committee on the Training of Midwives (96/C 136/02)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Decision 80/156/EEC of 21 January 1980 setting up an Advisory Committee on the Training of Midwives (1), and in particular Articles 3 and 4 thereof,Whereas, by its Decision of 23 October 1995 (2), the Council appointed Dr Michèle BRUAIRE a member of the Committee for the period ending 22 October 1998;Whereas the French Government has nominated Dr Pierre BOTREAU-ROUSSEL to replace Dr Michèle BRUAIRE,HAS DECIDED AS FOLLOWS:Sole Article Dr Pierre BOTREAU-ROUSSEL is hereby appointed a member for the Advisory Committee on the Training of Midwives in place of Dr Michèle BRUAIRE for the remainder of her term of office, which ends on 22 October 1998.Done at Luxembourg, 22 April 1996.For the CouncilThe PresidentW. LUCHETTI(1) OJ No L 33, 11. 2. 1980, p. 13.(2) OJ No C 292, 7. 11. 1995, p. 2.


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31984D0384

84/384/EEC: Council Decision of 23 July 1984 concerning a contribution to the European Coal and Steel Community from the general budget of the European Communities

Official Journal L 208 , 03/08/1984 P. 0055 - 0055

*****COUNCIL  DECISION  of 23 July 1984  concerning a contribution to the European Coal and Steel Community from the general budget of the European Communities  (84/384/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,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas, at its meeting on 22 May 1984, the Council confirmed that solid fuels are an essential element of Community energy strategy;  Whereas the Community coal industry is being restructured and modernized;  Whereas this restructuring and modernization will inevitably lead to exceptional job losses; whereas support measures should be envisaged to alleviate the consequences of these job losses; whereas it is therefore necessary to apply Article 56 (2) (b) of the Treaty establishing the European Coal and Steel Community;  Whereas, in the present circumstances, the resources provided for by the ECSC Treaty are not sufficient to finance these measures;  Whereas the secondary effects of this situation, if not remedied, would be liable to aggravate considerably the Community's general employment situation and to impair the harmonious development of economic activities, and this would undermine the achievement of one of the Community's main objectives;  Whereas the social measures envisaged will be based, on the one hand, on the number of jobs lost over a given period and, on the other hand, on the level of social expenditure undertaken by each Member State in respect of each job lost;  Whereas an appropriation of 60 million ECU has been entered in Chapter 10 0 of the general budget of the European Communities for 1984,  HAS DECIDED AS FOLLOWS:  Sole Article  An exceptional contribution of 60 million ECU is hereby granted to the European Coal and Steel Community, for the financial year 1984, out of the general budget of the European Communities for the same financial year, to ensure Community financing of social measures in favour of the coal industry, in accordance with the relevant Articles of the ECSC Treaty.  Done at Brussels, 23 July 1984.  For the Council  The President  J. O'KEEFFE  (1) OJ No C 46, 20. 2. 1984, p. 112.  (2) OJ No C 23, 30. 1. 1984, p. 59.


title: 2013/712/CFSP: Political and Security Committee Decision Atalanta/3/2013 of 2 December 2013 on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)

text:
               5.12.2013

               EN

               Official Journal of the European Union

               L 324/7

      POLITICAL AND SECURITY COMMITTEE DECISION ATALANTA/3/2013
   of 2 December 2013
   on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)
   (2013/712/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38 thereof,
   Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1), and in particular Article 6 thereof,
   Whereas:

               (1)

               Pursuant to Article 6(1) of Joint Action 2008/851/CFSP, the Council authorised the Political and Security Committee (‘PSC’) to take decisions on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (‘EU Force Commander’).

               (2)

               On 2 July 2013, the PSC adopted Decision Atalanta/2/2013 (2) appointing Commodore Peter LENSELINK as EU Force Commander.

               (3)

               The EU Operation Commander has recommended the appointment of Rear Admiral Hervé BLEJEAN as the new EU Force Commander to succeed Commodore Peter LENSELINK.

               (4)

               The EU Military Committee supports that recommendation.

               (5)

               Decision Atalanta/2/2013 should therefore be repealed.

               (6)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark is not participating in the adoption of this Decision and is neither bound by it nor subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   Rear Admiral Hervé BLEJEAN is hereby appointed EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) from 6 December 2013.
   Article 2
   Decision Atalanta/2/2013 is hereby repealed.
   Article 3
   This Decision shall enter into force on 6 December 2013.

      Done at Brussels, 2 December 2013.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 301, 12.11.2008, p. 33.

      (2)  Political and Security Committee Decision Atalanta/2/2013 of 2 July 2013 on the appointment of an EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) (OJ L 187, 6.7.2013, p. 8).


               30.8.2016

               EN

               Official Journal of the European Union

               C 316/194

         P8_TA(2015)0059
   Request for waiver of the immunity of Theodoros Zagorakis
   European Parliament decision of 11 March 2015 on the request for waiver of the immunity of Theodoros Zagorakis (2015/2048(IMM))
   (2016/C 316/23)

      The European Parliament,

               —

               having regard to the request for waiver of the immunity of Theodoros Zagorakis, which was forwarded by the Deputy Public Prosecutor at the Supreme Court of Greece on 19 December 2014 in connection with proceeding No E2010/3844 pending before the single-magistrate criminal court of Thessaloniki and announced in plenary on 28 January 2015,

               —

               whereas Theodoros Zagorakis waived his right to a hearing, in accordance with Rule 9(5) of its Rules of Procedure,

               —

               having regard to Articles 8 and 9 of Protocol No 7 on the Privileges and Immunities of the European Union, and to Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,

               —

               having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010, 6 September 2011 and 17 January 2013 (1),

               —

               having regard to Article 62 of the Constitution of the Hellenic Republic,

               —

               having regard to Rule 5(2), Rule 6(1) and Rule 9 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Legal Affairs (A8-0044/2015),

               A.

               whereas the Deputy Public Prosecutor at the Supreme Court of Greece has requested the waiver of immunity of Theodoros Zagorakis, Member of the European Parliament, in connection with possible legal action concerning an alleged offence;

               B.

               whereas Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union states that Members of the European Parliament shall enjoy, in the territory of their own state, the immunities accorded to members of the Parliament of that state;

               C.

               whereas Article 62 of the Constitution of the Hellenic Republic provides that, during the parliamentary term, Members of Parliament may not be prosecuted, arrested, imprisoned or otherwise confined without Parliament’s prior consent;

               D.

               whereas Theodoros Zagorakis is accused of causing bodily harm by negligence and failing to comply with workplace safety regulations;

               E.

               whereas the prosecution concerns a workplace accident suffered on 13 May 2010 by an employee of the PAOK football club at the club's stadium in Thessaloniki, and whereas the accused is Theodoros Zagorakis in his capacity as chair and legal representative of the club;

               F.

               whereas the alleged offence clearly has nothing to do with the office of Member of the European Parliament held by Theodoros Zagorakis, but is instead linked to his position as chair of the PAOK football club;

               G.

               whereas the prosecution does not concern opinions expressed or votes cast in the performance of the duties of Member of the European Parliament within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

               H.

               whereas there is no reason to suspect that the intention underlying the criminal proceedings is to damage a Member’s political activity (fumus persecutionis), given that the prosecution was initiated a number of years before the Member took office;

               1.

               Decides to waive the immunity of Theodoros Zagorakis;

               2.

               Instructs its President to forward this decision, and the report of the committee responsible, immediately to the Public Prosecutor's Office at the Supreme Court of Greece.

      (1)  Judgment of the Court of Justice of 12 May 1964, Wagner v Fohrmann and Krier, 101/63, ECLI:EU:C:1964:28; judgment of the Court of Justice of 10 July 1986, Wybot v Faure and others, 149/85, ECLI:EU:C:1986:310; judgment of the General Court of 15 October 2008, Mote v Parliament, T-345/05, ECLI:EU:T:2008:440; judgment of the Court of Justice of 21 October 2008, Marra v De Gregorio and Clemente, C-200/07 and C-201/07, ECLI:EU:C:2008:579; judgment of the General Court of 19 March 2010, Gollnisch v Parliament, T-42/06, ECLI:EU:T:2010:102; judgment of the Court of Justice of 6 September 2011, Patriciello, C-163/10, ECLI: EU:C:2011:543.


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42002D0579

2002/579/EC: Decision by the Representatives of the Governments of the Member States, meeting within the Council, of 25 June 2002 on the provisional application of the Internal Agreement between Representatives of the Member States, meeting within the Council, on the financing and administration of Community Aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000 and the allocation of financial assistance for the Overseas Countries and Territories to which part Four of the EC Treaty applies

Official Journal L 184 , 13/07/2002 P. 0024 - 0025

Decision by the Representatives of the Governments of the Member States, meeting within the Council,of 25 June 2002on the provisional application of the Internal Agreement between Representatives of the Member States, meeting within the Council, on the financing and administration of Community Aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000 and the allocation of financial assistance for the Overseas Countries and Territories to which part Four of the EC Treaty applies(2002/579/EC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITY, MEETING WITHIN THE COUNCIL,Having regard to the Treaty establishing the European Community,Having regard to the ACP-EC Partnership signed in Cotonou (Benin) on 23 June 2000, hereafter referred to as the "ACP-EC Agreement",Whereas:(1) The ACP-EC Agreement will not enter into force until the constitutional requirements of each Member State have been completed in accordance with Article 93 thereof.(2) The ACP-EC Committee of Ambassadors took a Decision on 28 February whereby transitional measures applicable until 1 August 2000 were adopted.(3) In accordance with Article 366(3) of the Fourth ACP-EC Convention, as amended by the agreement signed in Mauritius on 4 November 1995, the ACP-EC Council of Ministers adopted through Decision No 1/2000(1) transitional measures to cover the period between 2 August 2000 until 1 June 2002.(4) By Decision No 1/2002, the ACP-EC Council of Ministers amended the abovementioned Decision No 1/2000 by extending its applicability until the ACP-EC Agreement enters into force.(5) In accordance with Article 6 of Decision No 1/2000, the Member States and Community will be required to take the steps appropriate to each of them with regard to the implementation of the transitional measures.(6) The Representatives of the Governments of the Member States, meeting within the Council, have reached a consensus concerning an Internal Agreement on the financing and administration of Community aid to the ACP States that corresponds to the provisions on programming and implementation of the Agreement. This Agreement will not enter into force before adoption by each Member State in accordance with its own constitutional requirements.(7) By Decision of 3 October 2000, the Representatives of the Governments of the Member States decided that certain provisions of the Internal Agreement be applied on a provisional basis until 1 June 2002.(8) The same provisions of the Internal Agreement should continue to be applied on a provisional basis until its entry into force,HAVE DECIDED AS FOLLOWS:Article 1The following provisions of the Internal Agreement relating to the 9th European Development Fund shall continue to be applied provisionally as of the date of adoption of this Decision:1. Articles 14, 15, 16, 19(1), 19(2), 19(3) and 19(4) relating to the implementation of the programming process;2. Articles 21 to 27 for the purposes of the implementation of the programming process;3. Articles 29 and 30 for the purposes of the preparation of the functioning of the Investment Facility, and4. Article 31 for the purposes of the adoption of the Financial Regulation.Article 2This Decision shall remain in force until the entry into force of the Internal Agreement.It shall be published in the Official Journal of the European Communities.Done at Luxembourg, 25 June 2002.The PresidentJ. Matas I Palou(1) OJ L 195, 1.8.2000, p. 46.


title: 2006/425/EC: Council Decision of  27 March 2006  on the signing and provisional application of the Agreement between the European Community and Serbia and Montenegro on certain aspects of air services

text:
               22.6.2006

               EN

               Official Journal of the European Union

               L 169/36

         COUNCIL DECISION
   of 27 March 2006
   on the signing and provisional application of the Agreement between the European Community and Serbia and Montenegro on certain aspects of air services
   (2006/425/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2), in conjunction with Article 300(2), first sentence of the first subparagraph thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Council has authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               The Commission has negotiated on behalf of the Community an agreement with Serbia and Montenegro on certain aspects of air services, hereinafter referred to as ‘the Agreement’ in accordance with the mechanisms and directives in the Annex to the Council's decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (3)

               The Agreement should be signed and provisionally applied, subject to its conclusion at a later date,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and Serbia and Montenegro on certain aspects of air services is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community subject to its conclusion.
   Article 3
   Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the Parties have notified each other of the completion of the necessary procedures for this purpose.
   Article 4
   The President of the Council is hereby authorised to make the notification provided in Article 8(2) of the Agreement.

      Done at Brussels, 27 March 2006.

            For the Council

            The President

         H. GORBACH

    ---documentbreak---

               22.6.2006

               EN

               Official Journal of the European Union

               L 169/37

         AGREEMENT
   between the European Community and Serbia and Montenegro on certain aspects of air services
   THE EUROPEAN COMMUNITY,
   of the one part, and
   SERBIA AND MONTENEGRO,
   of the other part,
   hereinafter referred to as ‘the Parties’,
   NOTING that bilateral air service agreements have been concluded between several Member States of the European Community and Serbia and Montenegro containing provisions contrary to European Community law,
   NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries,
   NOTING that under European Community law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the European Community and third countries,
   HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law,
   RECOGNISING that provisions of the bilateral air service agreements between Member States of the European Community and Serbia and Montenegro, which are contrary to European Community law, must be brought into conformity with it in order to establish a sound legal basis for air services between the European Community and Serbia and Montenegro and to preserve the continuity of such air services,
   NOTING that it is not a purpose of the European Community, as part of these negotiations, to increase the total volume of air traffic between the European Community and Serbia and Montenegro, to affect the balance between Community air carriers and air carriers of Serbia and Montenegro, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community.
   2.   References in each of the Agreements listed in Annex I to nationals of the Member State that is a party to that Agreement shall be understood as referring to nationals of the Member States of the European Community.
   3.   References in each of the Agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that Agreement shall be understood as referring to air carriers or airlines designated by that Member State.
   Article 2
   Designation by a Member State
   1.   The provisions in paragraphs 2 and 3 of this Article shall supersede the corresponding provisions in the Articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by Serbia and Montenegro, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   On receipt of a designation by a Member State, Serbia and Montenegro shall grant the appropriate authorisations and permissions with minimum procedural delay provided that:

               (i)

               the air carrier is established, under the Treaty establishing the European Community, in the territory of the designating Member State and has a valid Operating Licence in accordance with European Community law;

               (ii)

               effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its Air Operator's Certificate and the relevant aeronautical authority is clearly identified in the designation; and

               (iii)

               the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Member States and/or nationals of Member States, and/or by other States listed in Annex III and/or nationals of such other States.

         3.   Serbia and Montenegro may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:

               (i)

               the air carrier is not established, under the Treaty establishing the European Community, in the territory of the designating Member State or does not have a valid Operating Licence in accordance with European Community law;

               (ii)

               effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its Air Operator's Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or

               (iii)

               the air carrier is not owned, directly or through majority ownership, or it is not effectively controlled by Member States and/or nationals of Member States, and/or by other States listed in Annex III and/or nationals of such other States.

         In exercising its right under this paragraph, Serbia and Montenegro shall not discriminate between Community air carriers on the grounds of nationality.
   Article 3
   Rights with regard to regulatory control
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the Articles listed in Annex II(c).
   2.   Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of Serbia and Montenegro under the safety provisions of the Agreement between the Member State that has designated the air carrier and Serbia and Montenegro shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.
   Article 4
   Taxation of aviation fuel
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the Articles listed in Annex II(d).
   2.   Notwithstanding any other provision to the contrary, nothing in each of the Agreements listed in Annex II(d) shall prevent a Member State or Serbia and Montenegro from imposing, on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of a Member State or of Serbia and Montenegro that operates between two points within the respective territories of the Contracting Parties.
   Article 5
   Tariffs for carriage within the European Community
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the articles listed in Annex II(e).
   2.   The tariffs to be charged by the air carrier(s) designated by Serbia and Montenegro under an agreement listed in Annex I containing a provision listed in Annex II(e) for carriage wholly within the European Community shall be subject to European Community law.
   Article 6
   Annexes to the Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 7
   Revision or amendment
   The Parties may, at any time, revise or amend this Agreement by mutual consent.
   Article 8
   Entry into force and provisional application
   1.   This Agreement shall enter in force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
   2.   Notwithstanding paragraph 1, the Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Parties have notified each other of the completion of the procedures necessary for this purpose.
   3.   Agreements and other arrangements between Member States and Serbia and Montenegro which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Annex I(b). This Agreement shall apply to all such Agreements and arrangements upon their entry into force or provisional application.
   Article 9
   Termination
   1.   In the event that an Agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the Agreement listed in Annex I concerned shall terminate at the same time.
   2.   In the event that all Agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.

      IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
      Done at Salzburg in duplicate, on this fifth day of May in the year two thousand and six, in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish, Swedish and Serbian languages.

         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         Az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         För Europeiska gemenskapen
         За Европску Заједниџу

         Por Serbia y Montenegro
         Za Srbsko a Černou Horu
         For Serbien og Montenegro
         Für Serbien und Montenegro
         Serbia ja Montenegro nimel
         Για τη Σερβία και Μαυροβούνιο
         For Serbia and Montenegro
         Pour la Serbie-Monténégro
         Per Serbia e Montenegro
         Serbijas un Melnkalnes vārdā
         Serbijos ir Juodkalnijos vardu
         Szerbia és Montenegró részéről
         Għas-Serbja u Montenegro
         Voor Servië en Montenegro
         W imieniu Serbii i Czarnogóry
         Pela Sérvia e Montenegro
         Za Srbsko a Čiernu Horu
         Za Srbijo in Črno goro
         Serbia ja Montenegron puolesta
         För Serbien och Montenegro
         Зa Cpбиjy и Цpнy Гopy

   ANNEX I
   List of Agreements referred to in Article 1 of this Agreement

               (a)

               Air service agreements between Serbia and Montenegro and Member States of the European Community which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally

                           —

                           Agreement relating to Air Services between the Republic of Austria and the Federative People's Republic of Yugoslavia, signed at Vienna on 11 November 1953 (hereinafter referred to as Serbia and Montenegro–Austria 1953 Agreement);
                           To be read together with the Memorandum of Understanding done in Vienna on 12 October 1994;

                           —

                           Agreement between the Kingdom of Belgium and the Federative People's Republic of Yugoslavia relating to air services, signed at Belgrade on 24 September 1957 (hereinafter referred to as Serbia and Montenegro–Belgium Agreement);

                           —

                           Air Transport Agreement between the Government of the Republic of Cyprus and the Government of the Socialist Federal Republic of Yugoslavia, signed at Nicosia on 27 February 1976 (hereinafter referred to as Serbia and Montenegro–Cyprus 1976 Agreement);

                           —

                           Air Transport Agreement between the Czechoslovak Republic and the Federative People's Republic of Yugoslavia, signed at Belgrade on 28 February 1956 (hereinafter referred to as Serbia and Montenegro–Czech Republic Agreement);

                           —

                           Agreement relating to air services between the French Republic and the Socialist Federal Republic of Yugoslavia, signed at Belgrade on 23 March 1967 (hereinafter referred to as Serbia and Montenegro–France Agreement);

                           —

                           Air Services Agreement between the Federal Republic of Germany and the Federative People's Republic of Yugoslavia, signed at Bonn on 10 April 1957 (hereinafter referred to as Serbia and Montenegro–Germany 1957 Agreement);

                           —

                           Air Services Agreement between the Government of the Federal Republic of Germany and the Federal Government of the Federal Republic of Yugoslavia, initialled and provisionally applied by the Protocol of 31 May 2001 (hereinafter referred to as Serbia and Montenegro–Germany 2001 Agreement);

                           —

                           Air Services Agreement between the Government of the Hellenic Republic and the Federal Government of the Federal Republic of Yugoslavia, signed at Belgrade on 9 May 2002 (hereinafter referred to as Serbia and Montenegro–Greece Agreement);

                           —

                           Air Transport Agreement between the People's Republic of Hungary and the Federative People's Republic of Yugoslavia, signed at Belgrade on 21 July 1956 (hereinafter referred to as Serbia and Montenegro–Hungary Agreement);
                           Amended by a note done at Budapest on 30 May 1964.
                           Last amended by a Memorandum of Understanding signed at Belgrade on 9 February 1995;

                           —

                           Agreement between the Grand Duchy of Luxembourg and the Federative People's Republic of Yugoslavia relating to Air Transport, signed at Belgrade on 9 April 1960 (hereinafter referred to as Serbia and Montenegro–Luxembourg Agreement);

                           —

                           Air Transport Agreement between the Government of Malta and the Government of the Socialist Federal Republic of Yugoslavia, signed at Rome on 5 February 1975 (hereinafter referred to as Serbia and Montenegro–Malta Agreement);

                           —

                           Agreement between the Kingdom of the Netherlands and the Federative People's Republic of Yugoslavia relating to scheduled air services, signed at Belgrade on 13 March 1957 (hereinafter referred to as Serbia and Montenegro–Netherlands Agreement);

                           —

                           Air Services Agreement between the People's Republic of Poland and the Federative People's Republic of Yugoslavia, signed at Warsaw on 14 November 1955 (hereinafter referred to as Serbia and Montenegro–Poland 1955 Agreement);

                           —

                           Air Transport Agreement between the Government of Portugal and the Government of the Socialist Federal Republic of Yugoslavia, signed at Belgrade on 3 June 1976 (hereinafter referred to as Serbia and Montenegro–Portugal Agreement);

                           —

                           Air Services Agreement between the Government of the Republic of Slovakia and the Federal Government of the Federal Republic of Yugoslavia, signed at Bratislava on 3 October 1996 (hereinafter referred to as Serbia and Montenegro–Slovakia Agreement);

                           —

                           Agreement between the Kingdom of Sweden and the Federative People's Republic of Yugoslavia, signed at Belgrade on 18 April 1958 (hereinafter referred to as Serbia and Montenegro–Sweden Agreement);

                           —

                           Air Services Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Federal Government of the Federal Republic of Yugoslavia, initialled at London on 17 December 2002 hereinafter (referred to as Serbia and Montenegro–United Kingdom Agreement);

               (b)

               Air service agreements and other arrangements initialled or signed between Serbia and Montenegro and Member States of the European Community which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally

                           —

                           Air Services Agreement between the Austrian Government and the Federal Government of the Federal Republic of Yugoslavia, initialled at Vienna on 14 November 2001 (hereinafter referred to as Serbia and Montenegro–Austria 2001 Agreement);

                           —

                           Air Services Agreement between the Government of the Republic of Cyprus and the Federal Government of the Federal Republic of Yugoslavia, initialled at Nicosia on 18 June 2002 (hereinafter referred to as Serbia and Montenegro–Cyprus 2002 Agreement);

                           —

                           Agreement between the Government of the Republic of Poland and the Federal Government of the Federal Republic of Yugoslavia on air transport, initialled at Warsaw on 17 May 2002 (hereinafter referred to as Serbia and Montenegro–Poland 2002 Agreement);

                           —

                           Air Services Agreement between the Government of the Republic of Slovenia and the Federal Government of the Federal Republic of Yugoslavia, initialled at Belgrade on 12 October 2001 (hereinafter referred to as Serbia and Montenegro–Slovenia Agreement).

         ANNEX II
   List of Articles in the Agreements listed in Annex I and referred to in Articles 2 to 5 of this Agreement

               (a)

               Designation by a Member State:

                           —

                           Article 2 of the Serbia and Montenegro–Austria 1953 Agreement,

                           —

                           Article 3 of the Serbia and Montenegro–Austria 2001 Agreement,

                           —

                           Article 2 of the Serbia and Montenegro–Czech Republic Agreement,

                           —

                           Article 3(1) of the Serbia and Montenegro–France Agreement,

                           —

                           Article 4 of the Serbia and Montenegro–Germany 1957 Agreement,

                           —

                           Article 3 of the Serbia and Montenegro–Germany 2001 Agreement,

                           —

                           Article 3 of the Serbia and Montenegro–Greece Agreement,

                           —

                           Article 1 of the Appendix to the Serbia and Montenegro–Hungary Agreement,

                           —

                           Article 2 of the Serbia and Montenegro–Luxembourg Agreement,

                           —

                           Article 3 of the Serbia and Montenegro–Malta Agreement,

                           —

                           Article 2 of the Serbia and Montenegro–Poland 1955 Agreement,

                           —

                           Article 3 of the Serbia and Montenegro–Poland 2002 Agreement,

                           —

                           Article 3 of the Serbia and Montenegro–Slovak Republic Agreement,

                           —

                           Article 3 of the Serbia and Montenegro–Slovenia Agreement,

                           —

                           Article 4 of the Serbia and Montenegro–United Kingdom Agreement.

               (b)

               Refusal, revocation, suspension or limitation of authorisations or permissions:

                           —

                           Article 8 of the Serbia and Montenegro–Austria 1953 Agreement,

                           —

                           Article 4 of the Serbia and Montenegro–Austria 2001 Agreement,

                           —

                           Article 3 of the Serbia and Montenegro–Belgium Agreement,

                           —

                           Article 6 of the Serbia and Montenegro–Cyprus 1976 Agreement,

                           —

                           Article 5 of the Serbia and Montenegro–Cyprus 2002 Agreement,

                           —

                           Article 3(3) of the Serbia and Montenegro–France Agreement,

                           —

                           Article 5 of the Serbia and Montenegro–Germany 1957 Agreement,

                           —

                           Article 4 of the Serbia and Montenegro–Germany 2001 Agreement,

                           —

                           Article 4(2) of the Serbia and Montenegro–Greece Agreement,

                           —

                           Article 3 of the Serbia and Montenegro–Luxembourg Agreement,

                           —

                           Article 4 of the Serbia and Montenegro–Malta Agreement,

                           —

                           Article 3(1) of the Serbia and Montenegro–Netherlands Agreement,

                           —

                           Article 4 of the Serbia and Montenegro–Poland 2002 Agreement,

                           —

                           Article 5 of the Serbia and Montenegro–Portugal Agreement,

                           —

                           Article 4 of the Serbia and Montenegro–Slovak Republic Agreement,

                           —

                           Article 4 of the Serbia and Montenegro–Slovenia Agreement,

                           —

                           Article 3 of the Serbia and Montenegro–Sweden Agreement,

                           —

                           Article 5 of the Serbia and Montenegro–United Kingdom Agreement.

               (c)

               Safety:

                           —

                           Article 8 of the Serbia and Montenegro–Austria 2001 Agreement,

                           —

                           Article 15 of the Serbia and Montenegro–Cyprus 2002 Agreement,

                           —

                           Article 13 of the Serbia and Montenegro–Germany 2001 Agreement,

                           —

                           Article 7 of the Serbia and Montenegro–Greece Agreement,

                           —

                           Article 15 of the Serbia and Montenegro–Poland 2002 Agreement,

                           —

                           Article 9 of the Serbia and Montenegro–Slovenia Agreement,

                           —

                           Article 9 of the Serbia and Montenegro–United Kingdom Agreement.

               (d)

               Taxation on aviation fuel:

                           —

                           Article 5 of the Serbia and Montenegro–Austria 1953 Agreement,

                           —

                           Article 8 of the Serbia and Montenegro–Austria 2001 Agreement,

                           —

                           Article 8 of the Serbia and Montenegro–Belgium Agreement,

                           —

                           Article 7 of the Serbia and Montenegro–Cyprus 1976 Agreement,

                           —

                           Article 7 of the Serbia and Montenegro–Cyprus 2002 Agreement,

                           —

                           Article 6 of the Serbia and Montenegro–Czech Republic Agreement,

                           —

                           Article 11 of the Serbia and Montenegro–France Agreement,

                           —

                           Article 13 of the Serbia and Montenegro–Germany 1957 Agreement,

                           —

                           Article 6 of the Serbia and Montenegro–Germany 2001 Agreement,

                           —

                           Article 10 of the Serbia and Montenegro–Greece Agreement,

                           —

                           Article 6 of the Serbia and Montenegro–Hungary Agreement,

                           —

                           Article 8 of the Serbia and Montenegro–Luxembourg Agreement,

                           —

                           Article 5 of the Serbia and Montenegro–Malta Agreement,

                           —

                           Article 9 of the Serbia and Montenegro–Netherlands Agreement,

                           —

                           Article 6 of the Serbia and Montenegro–Poland 1955 Agreement,

                           —

                           Article 7 of the Serbia and Montenegro–Poland 2002 Agreement,

                           —

                           Article 6 of the Serbia and Montenegro–Portugal Agreement,

                           —

                           Article 8 of the Serbia and Montenegro–Slovak Republic Agreement,

                           —

                           Article 6 of the Serbia and Montenegro–Slovenia Agreement,

                           —

                           Article 8 of the Serbia and Montenegro–Sweden Agreement,

                           —

                           Article 11 of the Serbia and Montenegro–United Kingdom Agreement.

               (e)

               Tariffs for carriage within the European Community:

                           —

                           Article 4 of the Serbia and Montenegro–Austria 1953 Agreement,

                           —

                           Article 4 of the Serbia and Montenegro–Austria 2001 Agreement,

                           —

                           Article 7 of the Serbia and Montenegro–Belgium Agreement,

                           —

                           Article 10 of the Serbia and Montenegro–Cyprus 1976 Agreement,

                           —

                           Article 17 of the Serbia and Montenegro–Cyprus 2002 Agreement,

                           —

                           Article 7 of the Serbia and Montenegro–Czech Republic Agreement,

                           —

                           Article 9 of the Serbia and Montenegro–France Agreement,

                           —

                           Article 14 of the Serbia and Montenegro–Germany 1957 Agreement,

                           —

                           Article 10 of the Serbia and Montenegro–Germany 2001 Agreement,

                           —

                           Article 13 of the Serbia and Montenegro–Greece Agreement,

                           —

                           Article 7 of the Serbia and Montenegro–Luxembourg Agreement,

                           —

                           Article 9 of the Serbia and Montenegro–Malta Agreement,

                           —

                           Article 7(2) of the Serbia and Montenegro–Netherlands Agreement,

                           —

                           Article 7 of the Serbia and Montenegro–Poland 1955 Agreement,

                           —

                           Article 10 of the Serbia and Montenegro–Poland 2002 Agreement,

                           —

                           Article 9 of the Serbia and Montenegro–Portugal Agreement,

                           —

                           Article 12 of the Serbia and Montenegro–Slovak Republic Agreement,

                           —

                           Article 13 of the Serbia and Montenegro–Slovenia Agreement,

                           —

                           Article 7 of the Serbia and Montenegro–Sweden Agreement,

                           —

                           Article 14 of the Serbia and Montenegro–United Kingdom Agreement.

         ANNEX III
   List of other States referred to in Article 2 of this Agreement

               (a)

               The Republic of Iceland (under the Agreement on the European Economic Area);

               (b)

               The Principality of Liechtenstein (under the Agreement on the European Economic Area);

               (c)

               The Kingdom of Norway (under the Agreement on the European Economic Area);

               (d)

               The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).