title: 2013/36/EU: Council Decision of 29 October 2012 on the signing, on behalf of the Union, and provisional application of the Agreement providing a general framework for enhanced cooperation between the European Union and the European Organisation for the Safety of Air Navigation

text:
               19.1.2013

               EN

               Official Journal of the European Union

               L 16/1

      COUNCIL DECISION

   of 29 October 2012
   on the signing, on behalf of the Union, and provisional application of the Agreement providing a general framework for enhanced cooperation between the European Union and the European Organisation for the Safety of Air Navigation
   (2013/36/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Commission has negotiated, on behalf of the Union, an Agreement providing a general framework for enhanced cooperation (‘the Agreement’) between the European Union and the European Organisation for the Safety of Air Navigation, in accordance with Council Decision of 6 October 2011 authorising the Commission to open negotiations.

               (2)

               The Agreement was initialled on 24 April 2012.

               (3)

               The Agreement should be signed and applied provisionally, pending completion of the procedures for its conclusion.

               (4)

               It is necessary to lay down procedural arrangements for the participation of the Union in the Joint Committee established under the Agreement,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the Agreement providing a general framework for enhanced cooperation between the European Union and the European Organisation for the Safety of Air Navigation is hereby authorised, subject to the conclusion of the 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 Union, subject to its conclusion.
   Article 3
   The Agreement shall be applied provisionally, in accordance with Article 13.1 of the Agreement, as from the date of its signature, pending the completion of the procedures for its conclusion.
   Article 4
   1.   The Union shall be represented by the Commission in the Joint Committee established under Article 7 of the Agreement.
   2.   The Commission, after consulting a Special Committee appointed by the Council, shall determine the position to be taken by the Union in the Joint Committee, including with respect to the adoption of Annexes to the Agreement, and the adoption of amendments to those Annexes to the Agreement.
   Article 5
   The Commission may take any appropriate action under Articles 5, 6, 8, 9, 10 and 11 of the Agreement.
   Article 6
   The Commission shall regularly inform the Council of the implementation of the Agreement.
   Article 7
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Luxembourg, 29 October 2012.

            For the Council

            The President

         E. FLOURENTZOU

         AGREEMENT

      between the European Union and the European Organisation for the Safety of Air Navigation providing a general framework for enhanced cooperation
      THE EUROPEAN UNION (EU)
      and
      THE EUROPEAN ORGANISATION FOR THE SAFETY OF AIR NAVIGATION (EUROCONTROL)
      Hereinafter referred to as “the Parties”
      HAVING REGARD to the Treaty on the Functioning of the European Union (hereinafter “TFEU”), and in particular Articles 218 and 220 thereof;
      HAVING REGARD to the EUROCONTROL International Convention relating to Cooperation for the Safety of Air Navigation of 13 December 1960 as amended by the Protocol signed at Brussels on 12 February 1981 (hereinafter “EUROCONTROL Convention”), and in particular Articles 7.2 and 11.3 thereof;
      HAVING REGARD to Measure No 11/174 of 12 May 2011 taken by the Permanent Commission of EUROCONTROL delegating authority to the Agency to open negotiations for the conclusion of a High Level Agreement with the EU and Measure No 12/181 of 10 May 2012 taken by the Permanent Commission of EUROCONTROL approving the negotiated Agreement;
      HAVING REGARD to the respective present legal and institutional contexts of the Parties and their contributions to the implementation of the Single European Sky (SES) within and beyond the EU;
      HAVING REGARD to the competence conferred upon the EU in matters related to the SES;
      HAVING REGARD to the role of EUROCONTROL as the intergovernmental pan-European civil-military organisation specialised in the field of air traffic management (ATM);
      WHEREAS the Parties share the vision of achieving an optimal and integrated European ATM network, offering, through all phases of air transport, and in conjunction with other means of transport, a high degree of safety, cost-efficiency, capacity and environmental protection, for the benefit of passengers and citizens;
      WHEREAS EU legislation entrusts the European Commission with a number of tasks related to the implementation of the SES, for which expert support is needed;
      WHEREAS EUROCONTROL has evolved, since 1960, into a unique centre of expertise in the domain of ATM, bringing as added value pan-European and military dimensions and assistance to States in the performance of public domain services and functions, and should continue to assist its Member States, including in the implementation of SES and other related EU policies, and to provide a pan-European platform to facilitate the enhancement of military cooperation on ATM;
      WHEREAS EU legislation establishes that the European Commission may issue mandates to EUROCONTROL in order to develop implementing rules related to the establishment of the SES;
      WHEREAS the EU recognises the essential contribution of EUROCONTROL to support the EU in its role as regulator in order to implement the SES and other related EU policies;
      WHEREAS the North Atlantic Treaty Organisation (NATO) and EUROCONTROL concluded, on 8 May 2003, a Memorandum of Cooperation;
      WHEREAS the European Commission and EUROCONTROL concluded, on 22 December 2003, a Memorandum concerning a framework for cooperation;
      WHEREAS EUROCONTROL was designated by a decision of the European Commission of 29 July 2010 as the Performance Review Body of the SES, in accordance with Regulation (EU) No 691/2010, and EUROCONTROL accepted this designation by Directive No 10/74 of the Permanent Commission of 15 September 2010;
      WHEREAS EUROCONTROL was nominated by a decision of the European Commission of 7 July 2011 as the Network Manager for the ATM Network Functions, in accordance with Regulation (EU) No 677/2011, and EUROCONTROL accepted this nomination by Directive No 11/77 of the Permanent Commission of 1 September 2011;
      WHEREAS the Parties have a long-standing relationship and history of cooperation in ATM and in the implementation of SES and other related policies, and wish to consolidate this relationship and fully coordinate further actions;
      WHEREAS the Parties should ensure synergies and avoid duplication in safety-related ATM matters and environmental issues;
      WHEREAS the long-term application of existing arrangements between the European Commission and EUROCONTROL should be assessed in the light of this Agreement and, where appropriate, confirmed and strengthened through this Agreement;
      WHEREAS the implementation of this Agreement should not lead to a duplication of funding of the cooperative activities referred to in this Agreement and therefore should not result in a nominal contribution of the EU to the budget of EUROCONTROL;
      CONSIDERING that the EU objective is to extend the geographical coverage of the SES beyond the EU;
      CONSIDERING that, without prejudice to the relationships between the Parties and their respective membership and to the rights and obligations of the Member States under the EUROCONTROL Convention and the TFEU respectively, it is desirable to establish complementary mutually reinforcing cooperation and coordination mechanisms between the EU and EUROCONTROL in the implementation of SES and other related policies, in particular in the fields of environment, including climate change, and research and development with a view to making better use of the expertise and support of EUROCONTROL;
      CONSIDERING that the support provided by EUROCONTROL to the EU should comply with the principles of transparency, impartiality and independence;
      CONSIDERING that the evolution of the EUROCONTROL organisation whereby, in particular, it progressively aligns itself to support the EU in the implementation of the SES with a view to improving the overall performance of the European ATM network should be facilitated;
      AGREE ON THE FOLLOWING:
      1.   GENERAL SCOPE

                  1.1

                  The Parties agree to strengthen and consolidate cooperation between the EU and EUROCONTROL in order to enable EUROCONTROL to support the EU in the implementation of SES and related EU policies within the EU, and beyond the EU in those States that agree to be bound thereby.

                  1.2

                  The Agreement shall be without prejudice to the rights and obligations of Member States as members of EUROCONTROL or of the EU.

            2.   OBJECTIVES
      The objectives of this Agreement are:

                  —

                  to establish the main elements for enhanced cooperation between the Parties in order to contribute to timely and consistent implementation of the SES within the EU, and beyond the EU in those States that agree to be bound by the SES, and the establishment of an efficient air transport system through activities reflecting the respective tasks and responsibilities of the Parties;

                  —

                  to facilitate the necessary civil-military cooperation on ATM in the SES;

                  —

                  the recognition and utilisation of EUROCONTROL expertise including civil-military cooperation to support the EU in the implementation of SES and other related policies in particular in the fields of environment, including climate change, and research and development, in order to improve the performance of the European ATM network;

                  —

                  to acknowledge the value of EUROCONTROL continuing to perform, as appropriate, support activities and functions for the implementation of the SES;

                  —

                  to establish the necessary cooperation to support and facilitate the involvement of non-EU Member States in the SES, with a view to extending the implementation of the SES beyond the EU and to progressively achieving the application of the SES legislative framework by EUROCONTROL’s entire membership;

                  —

                  to ensure synergies and avoid duplication of EASA’s work in safety-related ATM matters and environmental issues, including, where appropriate, through the development of robust cooperation mechanisms between EASA and EUROCONTROL, taking into account EUROCONTROL’s pan-European responsibilities.

            3.   AREAS OF COOPERATION

                  3.1

                  The areas of cooperation under this Agreement are those necessary for the implementation of the SES, including SESAR, and other related EU policies, in particular environment, including climate change, and ATM research and development policies.

                  3.2

                  The cooperation shall address the following subjects:

                              a)

                              Functional Airspace Blocks;

                              b)

                              National Supervisory Authorities;

                              c)

                              Support in the field of Air Traffic Management and Air Navigation Services (ATM/ANS) safety, including to EASA, as set out in Article 2;

                              d)

                              Civil-military cooperation and coordination;

                              e)

                              International coordination, in particular towards ICAO and States other than Member States of the Parties;

                              f)

                              Air Traffic Management and Communication/Navigation/Surveillance Services (ATM/CNS), including space;

                              g)

                              Air transport-related data and statistics;

                              h)

                              Aviation environmental issues;

                              i)

                              Airport policy.

                  3.3

                  Further subjects of cooperation may address in particular:

                              a)

                              ATM security;

                              b)

                              Spectrum policy;

                              c)

                              Unmanned Aircraft Systems (UAS).

                  3.4

                  The subjects and modalities of cooperation shall be defined further in separate Annexes to this Agreement.

            4.   FORMS OF COOPERATION

                  4.1

                  The Agreement shall be executed through the following forms of cooperation:

                              a)

                              provision of mutual support;

                              b)

                              mechanisms for enhanced cooperation, liaison mechanisms and offices, and the coordination of studies and programmes and joint activities;

                              c)

                              mechanisms for the collection and mutual exchange of information, data, and statistics, as appropriate;

                              d)

                              coordination of cooperation on technical matters at working level in the context of ICAO.

                  4.2

                  With regard to military aspects of the SES, the Parties shall ensure the best use of the relevant stakeholder consultation processes.

                  4.3

                  The coordination and facilitation of cooperative activities under this Agreement shall be accomplished on behalf of EUROCONTROL by its Agency and on behalf of the EU by the European Commission. EUROCONTROL may also support other EU bodies, as appropriate, through specific instruments, with a view to optimising and integrating existing expertise and resources.

            5.   CONSULTATION AND INFORMATION

                  5.1

                  The Parties shall consult each other regularly in order to coordinate to the fullest extent their activities related to this Agreement. Each Party shall inform the other of any initiative pertinent to this Agreement without prejudice to their respective decision-making processes, in the areas of cooperation under Article 3, which may be of interest to the other Party.

                  5.2

                  The Parties shall exchange information that may be required for the implementation of this Agreement, subject to their respective rules. Except when otherwise provided, the Parties shall not disclose any information exchanged in connection with this Agreement to any persons other than those employed by them or officially entitled to handle such information nor shall they use it for commercial purposes. Such disclosure shall extend only so far as may be necessary for the purpose of this Agreement and shall be in strict confidence.

                  5.3

                  The relevant bodies of the Parties shall convene if necessary to exchange views.

            6.   CONFIDENTIALITY

                  6.1

                  Each Party shall take all reasonable precautions necessary to protect information received under this Agreement and its Annexes from unauthorised disclosure. A Party may, upon providing information to the other Party, designate the portions of the information that it considers to be exempt from disclosure.

                  6.2

                  The Parties agree to safeguard, to the extent required under their respective rules, the protection of classified information, if any, received from the other Party in application of this Agreement.

                  6.3

                  In particular, subject to their respective rules the Parties shall not disclose information received from each other under this Agreement that is considered proprietary. Such information shall be appropriately marked as such in accordance with their respective rules.

                  6.4

                  The Parties shall agree on working arrangements on further procedures for the protection of classified information provided pursuant to this Agreement as required. Such procedures shall include the possibility for each Party to verify which protection measures have been put in place by the other Party.

            7.   MANAGEMENT OF THE AGREEMENT

                  7.1

                  A Joint Committee is established, composed of one representative of each Party, who may be accompanied by observers from Member States of the Parties and experts. The Joint Committee shall be responsible for the effective functioning of this Agreement.

                  7.2

                  A meeting of the Joint Committee shall be convened at least once a year to evaluate and review the implementation of this Agreement and shall be organised cost-effectively. Either Party may request a meeting of the Joint Committee at any time.

                  7.3

                  The Joint Committee may consider any matter related to the functioning and implementation of this Agreement. In particular, it shall be responsible for:

                              a)

                              resolving any question relating to the application and implementation of this Agreement;

                              b)

                              considering ways to enhance the implementation of this Agreement and make, as appropriate, recommendations to the Parties for its amendment;

                              c)

                              identifying new subjects for cooperation;

                              d)

                              adopting and amending Annexes and working arrangements within the scope of this Agreement;

                              e)

                              resolving any difference or dispute concerning the interpretation or application of this Agreement.

                  7.4

                  The Joint Committee shall operate on the basis of agreement between the representatives of the Parties.

                  7.5

                  The Joint Committee shall adopt its rules of procedure.

            8.   FINANCING

                  8.1

                  A Party requesting support activities to be performed under this Agreement by the other Party shall ensure the funding of such activities.

                  8.2

                  Financial aspects related to the cooperation under this Agreement shall be defined in accordance with the rules applicable to the Parties’ respective budgets. The Parties shall conclude separate arrangements, where appropriate.

            9.   EXTERNAL RELATIONS AND COOPERATION

                  9.1

                  Each Party shall inform the other of its activities of an international dimension pertinent to this Agreement which may be of interest to the other Party.

                  9.2

                  Whenever appropriate a Party may, in relation to any matters relevant to its international activities, consult the other Party.

            10.   DISPUTE RESOLUTION

                  10.1

                  The Parties shall make every effort to resolve any differences between them arising from their cooperation under this Agreement.

                  10.2

                  In the event that any difference is not resolved, either Party may refer the dispute to the Joint Committee, which shall consult on the matter with a view to resolving it by negotiation.

            11.   EXCHANGE OF PERSONNEL
      Subject to their respective rules and procedures, the Parties may exchange and second personnel as required to pursue the activities described in this Agreement or in Annexes thereto. All such exchanges shall be in accordance with the terms and conditions as agreed between the Parties.
      12.   ANNEXES
      The Annexes to this Agreement shall form an integral part of this Agreement.
      13.   ENTRY INTO FORCE AND TERMINATION

                  13.1

                  Pending its entry into force, this Agreement shall be applied provisionally from the date of signature.

                  13.2

                  This Agreement shall enter into force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed and shall remain in force until terminated.

                  13.3

                  This Agreement may be terminated at any time by either Party. Such termination shall be effected by six months’ written notification from one Party to the other Party unless the said notice of termination has been withdrawn by mutual consent of the Parties before the expiry of this period.

         Done at Brussels on the twentieth day of December in the year two thousand and twelve.
         Fait à Bruxelles, le vingt décembre deux mille douze.

            For the European Union
            Pour l'Union européenne

            For the European Organisation for the Safety of Air Navigation
            Pour l'Organisation européenne pour la sécurité de la navigation aérienne


title: 2011/469/EU: Decision of the European Parliament and of the Council of 6 July 2011 on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/022 DK/LM Glasfiber from Denmark)

text:
               27.7.2011

               EN

               Official Journal of the European Union

               L 195/53

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 6 July 2011
   on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/022 DK/LM Glasfiber from Denmark)
   (2011/469/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

               (2)

               The scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis.

               (3)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

               (4)

               Denmark submitted an application on 7 July 2010 to mobilise the EGF, in respect of redundancies in the enterprise LM Glasfiber and supplemented it by additional information up to 3 February 2011. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 6 247 415.

               (5)

               The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by Denmark,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2011, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 6 247 415 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 6 July 2011.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 406, 30.12.2006, p. 1.


title: 2009/728/EC: Commission Decision of 30 September 2009 extending without limitations the Community recognition of the Polish Register of Shipping (Text with EEA relevance)

text:
               1.10.2009

               EN

               Official Journal of the European Union

               L 258/34

      COMMISSION DECISION

   of 30 September 2009
   extending without limitations the Community recognition of the Polish Register of Shipping
   (Text with EEA relevance)
   (2009/728/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Regulation (EC) No 391/2009 of the European Parliament and of the Council of 23 April 2009 on common rules and standards for ship inspection and survey organisations (1), and in particular Article 15 thereof,
   Whereas:

               (1)

               By Decision 2006/660/EC (2), the Commission granted the Polish Register of Shipping a limited recognition for a period of three years. This recognition is granted to organisations known as classification societies, which fulfil all criteria other than those set out under paragraphs 2 and 3 of the ‘General Minimum Criteria’ section A of the Annex to Council Directive 94/57/EC of 22 November 1994 on common rules and standards for ship inspection and survey organisations and for the relevant activities of maritime administrations (3). The effects of this recognition were limited to the Czech Republic, Cyprus, Lithuania, Malta, Poland and Slovakia.

               (2)

               The Commission assessed the Polish Register of Shipping in accordance with Article 11(3) of Directive 94/57/EC. The assessment was based on the results of four fact-finding inspections performed in 2007 by experts of the European Maritime Safety Agency in accordance with Article 2(b)(iii) of Regulation (EC) No 1406/2002 of the European Parliament and of the Council (4). The Czech, Cypriot, Lithuanian, Maltese, Polish and Slovak administrations were invited to take part in the assessment. The Commission has also taken into consideration the findings of two further inspections carried out by the European Maritime Safety Agency in April and May 2009 in order to examine the activities of the Polish Register of Shipping in the supervision of new ship construction and to verify the corrective action implemented by the Polish Register of Shipping in response to the Commission’s assessment.

               (3)

               Where shortcomings have been identified, the Polish Register of Shipping has promptly implemented appropriate and sufficient corrective action in most cases. The outstanding shortcomings mainly concern the implementation of its rules and procedures, particularly as regards the control of the quality of shipyards and verification of new constructions, the training and qualification of surveyors and transfer of class. The Polish Register of Shipping has therefore been invited to implement further corrective action in this respect. Despite their seriousness, these shortcomings do not at present warrant calling into question the overall quality of the organisation’s main systems and control mechanisms.

               (4)

               In the meantime, Regulation (EC) No 391/2009 has entered into force. It provides that the organisations which, at the date of its entry into force, have been granted recognition in accordance with Directive 94/57/EC shall retain their recognition. Those recognitions have to be examined by the Commission by 17 June 2010, with a view to deciding whether the limitations are to be replaced by others or removed.

               (5)

               The information available to the Commission based on the assessment and inspections made shows that the Polish Register of Shipping in general complies with the requirements and obligations laid down in Regulation (EC) No 391/2009 in all trades and for all kinds of ships.

               (6)

               Based on the data last published by the Paris Memorandum of Understanding on Port State control, which concern the inspections carried out by the signatory parties until 2008, the rate of detention of ships for reasons relating to the certificates delivered to them by the Polish Register of Shipping in the period 2006-2008 remained at 0,77 % of the total number of inspections, while the average rate for recognised organisations was 0,34 %.

               (7)

               An extension of the Community recognition of the Polish Register of Shipping should enter into force on 29 September 2009 in order to ensure its continuity.

               (8)

               The measures provided for in this Decision are in accordance with the opinion of the COSS Committee set up by Article 12 of Regulation (EC) No 391/2009,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Community recognition of the Polish Register of Shipping is hereby extended without limitations with effect from 29 September 2009.
   Article 2
   This decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 30 September 2009.

            For the Commission

         Antonio TAJANI

            Vice-President

      (1)  OJ L 131, 28.5.2009, p. 11.

      (2)  OJ L 272, 3.10.2006, p. 17.

      (3)  OJ L 319, 12.12.1994, p. 20.

      (4)  OJ L 208, 5.8.2002, p. 1.


title: Council Decision of 24 September 2012 renewing the Governing Board of the European Centre for the Development of Vocational Training

text:
               12.10.2012

               EN

               Official Journal of the European Union

               C 308/5

         COUNCIL DECISION
   of 24 September 2012
   renewing the Governing Board of the European Centre for the Development of Vocational Training
   2012/C 308/04
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
   Having regard to the nomination submitted by the Greek Government,
   Whereas:

               (1)

               By its Decision of 16 July 2012 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2012 to 17 September 2015.

               (2)

               The members of the Governing Board of that Centre should be appointed for a period of three years,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following person is hereby appointed member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of its term of office, which runs until 17 September 2015:

      GOVERNMENT REPRESENTATIVE:

               Greece

               Mr Dimitrios V. SKIADAS

      Done at Brussels, 24 September 2012.

            For the Council

            The President

         S. ALETRARIS

      (1)  OJ L 39, 13.2.1975, p. 1.

      (2)  OJ C 228, 31.7.2012, p. 3.


Avis juridique important

|

32003D0286

2003/286/EC: Council Decision of 8 April 2003 on the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, to take account of the outcome of negotiations between the Parties on new mutual agricultural concessions

Official Journal L 102 , 24/04/2003 P. 0060 - 0064

Council Decisionof 8 April 2003on the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, to take account of the outcome of negotiations between the Parties on new mutual agricultural concessions(2003/286/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with Article 300(2) subparagraph 1, first sentence thereof,Having regard to the proposal from the Commission,Whereas:(1) The Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part(1), provides for certain reciprocal trade concessions for certain agricultural products.(2) Article 21(5) of the Europe Agreement provides that the Community and Bulgaria shall examine product by product and on an orderly and reciprocal basis the possibilities of granting each other further concessions.(3) The first improvements to the preferential arrangements of the Europe Agreement with Bulgaria were provided for in the Protocol adjusting trade aspects of the Europe Agreement to take account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture, including improvements to the existing preferential arrangements, approved by Council Decision 1999/278/EC(2).(4) Improvements to the preferential arrangements were also provided for as a result of negotiations to liberalise agricultural trade concluded in 2000. On the Community side, these were implemented from 1 July 2000 by Council Regulation (EC) No 2290/2000 of 9 October 2000 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with Bulgaria(3). This second adjustment of the preferential arrangements has not yet been incorporated in the Europe Agreement in the form of an Additional Protocol.(5) Negotiations for further improvements to the preferential arrangements of the Europe Agreement with Bulgaria were concluded on 18 October 2002.(6) The new Additional Protocol to the Europe Agreement adjusting the trade aspects of the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part (hereinafter referred to as the Protocol) should be approved with a view to consolidating all concessions in agricultural trade between the two sides, including the results of the negotiations concluded in 2000 and 2002.(7) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(4) has codified the management rules for tariff quotas designed to be used following the chronological order of dates of customs declarations. Certain tariff quotas under this Decision should therefore be administered in accordance with those rules.(8) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5).(9) As a result of the aforementioned negotiations, Regulation (EC) No 2290/2000 has effectively lost its substance and should therefore be repealed,HAS DECIDED AS FOLLOWS:Article 1The attached Protocol adjusting the trade aspects of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions, is hereby approved on behalf of the Community.Article 2The President of the Council is hereby authorised to designate the person empowered to sign the Protocol on behalf of the Community and make the notification of approval provided for in Article 3 of the Protocol.Article 31. Upon this Decision taking effect, the arrangements provided for in the Annexes of the Protocol attached to this Decision shall replace those referred to in Annexes X and XI as referred to in Article 21(2) and 21(3) of the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part.2. The Commission shall adopt detailed rules for the application of the Protocol in accordance with the procedure referred to in Article 5(2).Article 41. The order numbers as attributed to the tariff quotas in the Annex to this Decision may be changed by the Commission in accordance with the procedure referred to in Article 5(2). Tariff quotas with an order number above 09.5100 shall be administered by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.2. Quantities of goods subject to tariff quotas and released for free circulation as from 1 July 2002 under the concessions provided for in Annex A(b) to Regulation (EC) No 2290/2000 shall be fully counted against the quantities provided for in the fourth column in Annex A(b) to the attached Protocol, except for quantities for which import licences were issued before 1 July 2002.Article 51. The Commission shall be assisted by the Management Committee for Cereals instituted by Article 23 of Council Regulation (EEC) No 1766/92(6) or, where appropriate, by the committee instituted by the relevant provisions of the other Regulations on the common organisation of agricultural markets.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.3. The Committee shall adopt its rules of procedure.Article 6Regulation (EC) No 2290/2000 shall be repealed as from the entry into force of the Protocol.Done at Luxembourg, 8 April 2003.For the CouncilThe PresidentG. Drys(1) OJ L 358, 31.12.1994, p. 3.(2) OJ L 112, 29.4.1999, p. 1.(3) OJ L 262, 17.10.2000, p. 1.(4) OJ L 253, 11.10.1993, p. 1. Regulation as last amended by Regulation (EC) No 444/2002 (OJ L 68, 12.3.2002, p. 11).(5) OJ L 184, 17.7.1999, p. 23.(6) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) No 1666/2000 (OJ L 193, 29.7.2000, p. 1).ANNEXOrder numbers for EU tariff quotas for products originating in Bulgaria(as referred to in Article 4)>TABLE>


title: Commission Decision of 22 December 2006 setting up an expert group on transfer pricing

text:
               6.2.2007

               EN

               Official Journal of the European Union

               L 32/189

      COMMISSION DECISION

   of 22 December 2006
   setting up an expert group on transfer pricing
   (2007/75/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Whereas:

               (1)

               The study ‘Company Taxation in the Internal Market’ (1) prepared by the Commission services identified the increasing importance of transfer pricing tax problems as an Internal Market issue.

               (2)

               In its Communication ‘Towards an Internal Market without tax obstacles — a strategy for providing companies with a consolidated corporate tax base for their EU-wide activities’ (2) the Commission recognized the need to call upon the expertise of specialists in the field of transfer pricing.

               (3)

               In 2002, the ‘EU Joint Transfer Pricing Forum’ was informally set up.

               (4)

               Since it has been established the ‘EU Joint Transfer Pricing Forum’ has provided for a useful discussion forum between Member States and the private sector which led the Commission to propose two Codes of Conduct which were subsequently adopted by Member States in the Council.

               (5)

               Given the positive experience with that forum and the Commission's continuous need for such a body, the continuation of the work of that forum should be laid down in a formal act. It is therefore necessary to set up a group of experts in the field of transfer pricing and to define its tasks and its structure.

               (6)

               The expert group on transfer pricing should be composed of governmental and private-sector experts in the field of transfer pricing.

               (7)

               The expert group on transfer pricing should assist and advise the Commission in transfer pricing tax issues.

               (8)

               Rules on disclosure of information by members of the group should be provided for, without prejudice to the rules on security annexed to the Commission's rules of Procedure by Decision 2001/844/EC, ECSC, Euratom (3).

               (9)

               Personal data relating to members of the group should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (4).

               (10)

               It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Expert group on transfer pricing
   An expert group on transfer pricing, hereinafter referred to as the ‘group’, is set up with effect from 1 March 2007.
   The group shall be known as ‘the EU Joint Transfer Pricing Forum’.
   Article 2
   Tasks
   The group's tasks shall be the following:

               —

               to create a platform where business and national tax administration experts can discuss transfer pricing problems which constitute obstacles to cross-border business activities within the Community

               —

               to advise the Commission on transfer pricing tax issues

               —

               to assist the Commission in finding practical solutions, compatible with the OECD Guidelines (5), in order to achieve a more uniform application of transfer pricing rules within the Community.

         Article 3
   Consultation
   1.   The Commission may consult the group on any matter relating to transfer pricing.
   2.   The Chairman of the group may advise the Commission that it is desirable to consult the group on a specific question.
   Article 4
   Membership — Appointment
   1.   The group shall comprise up to 43 members composed as follows:

               (a)

               One representative from each Member State.

               (b)

               Up to 15 representatives from the private sector.

               (c)

               A Chairman

         2.   Members representing the Member States shall be appointed by the national authorities concerned. Those members shall be civil servants dealing with transfer pricing matters.
   3.   Private sector members shall be appointed by the Commission from specialists with experience and competence in transfer pricing issues.
   4.   Applicants deemed suitable for membership but not appointed may be placed on a reserve list, which the Commission may use for the appointment of replacements.
   5.   Private sector members shall be appointed in a personal capacity and shall advise the Commission independently of any outside influence.
   6.   They shall inform the Commission in good time of any conflict of interests which might undermine their objectivity.
   7.   The Commission shall also appoint a Chairman.
   8.   Members of the group shall be appointed for a 2-year renewable term of office. They shall remain in office until such time as they are replaced or their term of office ends.
   9.   Members may be replaced for the remainder of their term of office in any of the following cases:

               (a)

               where the member resigns;

               (b)

               where the member is no longer capable of contributing effectively to the group's deliberations;

               (c)

               where the member does not comply with Article 287 of the Treaty;

               (d)

               where, contrary to paragraph 5, the member is not independent of any outside influence;

               (e)

               where, contrary to paragraph 6, the member has failed to inform the Commission in good time of a conflict of interest.

         10.   The names of members appointed in a personal capacity shall be published on the website of DG TAXUD. The names of members shall be collected, processed and published in accordance with Regulation (EC) Nr 45/2001.
   Article 5
   Operation
   1.   The group may with the agreement of the Commission, set up sub-groups to examine specific questions under terms of reference established by the group. Such sub-groups shall be dissolved as soon as their mandates are fulfilled.
   2.   The Commission's representative may ask experts or observers with specific competence on a subject on the agenda to participate in the work of the group, or in the deliberations or work of a sub-group, if, in the opinion of the Commission, this is necessary or useful.
   In particular, representatives of the candidate countries and from the OECD Secretariat may be invited as observers.
   3.   Information obtained by participating in the deliberations or work of the group or of a sub-group shall not be divulged if, in the opinion of the Commission, that information relates to confidential matters.
   4.   The group and its sub-groups normally shall meet on Commission premises in accordance with the procedures and schedule established by it. The Commission shall provide secretarial services.
   5.   Commission officials with an interest in the proceedings may attend these meetings.
   6.   The group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission.
   7.   The Commission services may publish, or place on the Internet (6), in the original language of the document concerned, any summary, conclusion, or partial conclusion or working document of the group.
   Article 6
   Reimbursement of expenses
   The Commission shall reimburse travel expenses and, where appropriate, subsistence expenses for members, experts and observers in connection with the group's activities in accordance with the Commission's rules on the compensation of external experts.
   The members, experts and observers shall not be remunerated for the services they render.
   Meeting expenses shall be reimbursed within the limits of the annual budget allocated to the group by the competent Commission department.
   Article 7
   Expiry
   The decision shall expire on 31 March 2011.

      Done at Brussels, 22 December 2006.

            For the Commission

         László KOVÁCS

            Member of the Commission

      (1)  SEC(2001) 1681 23.10.2001

      (2)  COM(2001) 582 final, 23.10.2001

      (3)  OJ L 317, 3.12.2001, p. 1.

      (4)  OJ L 8, 12.1.2001, p. 1.

      (5)  OECD Transfer Pricing Guidelines for Multinational enterprises and Tax administration, adopted in July 1995.

      (6)  http://ec.europa.eu/taxation_customs/taxation/company_tax/transfer_pricing/forum/index_en.htm


Avis juridique important

|

31983D0075

83/75/EEC: Commission Decision of 15 February 1983 accepting undertakings given in connection with the anti-dumping proceeding concerning imports of certain fibre building board originating in Brazil

Official Journal L 047 , 19/02/1983 P. 0030 - 0032

*****COMMISSION  DECISION  of 15 February 1983  accepting undertakings given in connection with the anti-dumping proceeding concerning imports of certain fibre building board originating in Brazil  (83/75/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3017/79 of 20 December 1979 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), as amended by Regulation (EEC) No 1580/82 (2), and in particular Article 10 thereof,  Whereas in March 1982 the Commission received a complaint lodged by the European Confederation of Woodworking Industries on behalf of Community manufacturers representing practically all the Community output of the products concerned, which provided evidence that dumping was being practised in respect of imports of hardboard from Brazil and that material injury was thus being caused to the Community industry in question;  Whereas, since the said evidence was sufficient to justify initiating proceedings, the Commission accordingly announced, by a notice published in the Official Journal of the European Communities (3), the initiation of a proceeding concerning imports of fibre building board originating in Brazil;  Whereas the Commission officially so advised the exporters and importers known by it to be concerned as well as the representatives of the exporting country and the complainants;  Whereas the Commission has given the parties directly concerned the opportunity to make known their views in writing and to be heard orally;  Whereas all the exporters known to be concerned and several importers took this opportunity to present written and/or oral observations;  Whereas, in order to arrive at a preliminary determination of the existence of dumping and of injury, the Commission sought to obtain and verify all information which it deemed to be necessary and carried out inspections at the premises of the Brazilian producers, Duratex SA and Eucatex SA in São Paulo; whereas the Commission also carried out on-the-spot investigations at the offices of the following importers: Svedex BV, Varsseveld, Netherlands and Groteloh GmbH, Buende, Federal Republic of Germany;  Whereas the Commission selected 1 May 1981 to 30 April 1982 as the investigation period for the examination of dumping;  Whereas for its preliminary determination of dumping the Commission compared export prices to the Community with the normal values with regard to sales made during the investigation period;  Whereas normal values for both exporting companies concerned were established on the basis of the prices paid or payable for like products on the Brazilian market; whereas the Commission limited its examination to those types of unprocessed hardboard which corresponded to approximately 80 % of the total hardboard exports to the Community; whereas for the purpose of a fair comparison between normal values and export prices the Commission adjusted the normal values of both companies for the cost of finance for 90 days credit to their domestic customers, for a punctuality discount granted to practically all customers, for 0,75 % PIS-tax and for ICM tax included in the domestic selling prices; whereas the Commission also made adjustments, where appropriate, for selling expenses on the domestic market directly related to the sales in question and for differences in level of trade between domestic and export sales to the extent that claims in this area could be satisfactorily demonstrated; whereas normal values were adjusted to ex-factory level, taking account of transport costs incurred by the companies on the domestic market;  Whereas export prices were based on the prices paid or payable for products sold for export to the Community; whereas the Commission, when establishing the ex-factory export prices, made adjustments, where  appropriate, for internal and ocean transport costs, handling and port charges, export packaging, commissions paid to agents, costs for credit granted to overseas customers and 0,75 % PIS-tax included in the invoiced price;  Whereas export prices and normal values were compared on a transaction by transaction basis at ex-factory level, taking into account the exact type of hardboard exported and using the average exchange rate of the month when the export shipment was made;  Whereas the weighted average dumping margins thus established were 19,24 % for Duratex and 32,55 % for Eucatex;  Whereas with regard to injury caused to the Community industry, the evidence available to the Commission shows that the imports of the products under consideration from Brazil into the Community have increased from 42 701 tonnes in 1978 to 54 044 tonnes in 1980; whereas the rise of imports has been particularly significant in respect of the Federal Republic of Germany, where imports of Brazilian hardboard increased from 8 123 tonnes in 1978 to 13 195 tonnes in 1980 and to 8 272 tonnes in the first five months of 1982, and in respect of France, where they increased from 383 tonnes in 1978 to 4 051 tonnes in the first five months of 1982; whereas the share of the Community hardboard market held by these imports from Brazil rose from 3,7 % in 1979 to 4,9 % in 1980; whereas during the same period their share of the German market increased from 2,4 % to 3,9 %; whereas with regard to France their market share rose from almost zero in 1978 to 6 % in the first five months of 1982;  Whereas Brazilian hardboard, the quality of which is considered to be superior to that of European hardboard, has in general been sold at price levels at the upper end of the market; whereas, however, during the investigation period the price of Brazilian board was still considerably lower than the costs of production, including overheads and a reasonable profit margin, of the Community producers of hardboard; whereas this margin of undercutting with regard to 3,2 mm raw hardboard of standard or door size has ranged from approximately 10 to 18 %;  Whereas the consequent impact on the Community industry, whose production has fallen from 638 000 tonnes in 1979 to 561 000 tonnes in 1981, has taken the form of pressure on prices which have not been able to develop in line with production costs, making it impossible to cover these costs; whereas, moreover, Community producers' sales of hardboard on their respective domestic markets have fallen by over 17 % between 1978 and 1981 and stocks have significantly increased in the same period;  Whereas almost all Community producers have, therefore, been making considerable losses on their production of hardboard with consequent loss of employment;  Whereas the Commission has considered whether injury has been caused by other factors which, individually or in combination, could adversely affect the Community industry, such as volume and prices of other imports or reduction in demand; whereas between 1979 and 1981 low-priced imports from Scandinavia, Eastern Europe and Spain accounted for over two thirds of total hardboard imports and held a share of more than 30 % of the Community hardboard market; whereas in 1981 in the Commission opened anti-dumping proceedings against these imports; whereas the Commission subsequently determined that these imports were dumped and have been causing injury to a Community industry; whereas during the same period imports from Brazil accounted for approximately 10 % of total hardboard imports into the Community; whereas, in addition, hardboard imports from Brazil have increased their share of the Community market at a time when consumption was declining, and they were made at prices which, making due allowance for their superior quality, have followed the pattern of depressed prices on the European hardboard market; whereas it is appropriate, therefore, to cumulate the injurious impact of all imports found to be dumped; whereas, under these conditions, the Commission has determined that the dumped imports of hardboard from Brazil have caused material injury to the Community industry concerned;  Whereas, after the initiation of the proceedings against imports from Brazil the Commission has taken protective measures against the dumped imports from Scandinavia, Eastern Europe and Spain which have led to a significant reduction of the quantity and a substantial increase of the prices of these imports; whereas, under these circumstances, the Commission is of the view that the interests of the Community call for protective action against the dumped imports from Brazil in order to avoid the protective measures already in force being undermined by an increased quantity of low-priced Brazilian exports and to achieve a persistent stabilization of the Community's hardboard market;  Whereas the Brazilian exporters were informed of the findings of the investigation and commented on them; whereas they subsequently offered undertakings on their future pricing; Whereas these undertakings would increase prices of Brazilian hardboard to a level sufficient to eliminate the injury; whereas the Commission, after having obtained the unanimous agreement of the Advisory Committee, considers them acceptable, and the anti-dumping proceeding may, therefore, be terminated without imposition of anti-dumping duties,  HAS DECIDED AS FOLLOWS:  Article 1  The undertakings given by Duratex SA and Eucatex SA, São Paulo, Brazil in connection with the anti-dumping proceeding concerning imports of fibre building board weighing more than 0,8 g/cm3 (hardboard), falling within Common Customs Tariff heading No ex 44.11 and corresponding to NIMEXE code 44.11-10 and 20 originating in Brazil are hereby accepted.  Article 2  The anti-dumping proceeding concerning imports of fibre building board originating in Brazil is hereby terminated.  Done at Brussels, 15 February 1983.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No L 339, 31. 12. 1979, p. 1.  (2) OJ No L 178, 22. 6. 1982, p. 9.  (3) OJ No C 113, 5. 5. 1982, p. 3.


title: Commission Decision (EU, Euratom) 2016/883 of 31 May 2016 on implementing rules for standard security measures, alert states and management of crisis situations in the Commission pursuant to Article 21 of Decision (EU, Euratom) 2015/443 on security in the Commission

text:
               3.6.2016

               EN

               Official Journal of the European Union

               L 146/25

         COMMISSION DECISION (EU, Euratom) 2016/883
   of 31 May 2016
   on implementing rules for standard security measures, alert states and management of crisis situations in the Commission pursuant to Article 21 of Decision (EU, Euratom) 2015/443 on security in the Commission
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Treaty establishing the European Atomic Energy Community,
   Having regard to Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on security in the Commission (1), and in particular Article 21 thereof,
   Whereas:

               (1)

               The objective of implementing rules for standard security measures, alert states and management of crisis situations is to provide appropriate levels of protection for physical integrity of persons, premises or other assets commensurate with identified risks, and ensuring efficient and timely delivery of security.

               (2)

               The security alert state system for the Commission introduced by Commission Decision 2007/65/EC (2) needs to be reviewed and simplified in order to render it more flexible and effective as a response to threats to security.

               (3)

               The establishment of the European External Action Service (EEAS) as a functionally autonomous body of the Union requires an amendment of the current rules on alert states with regard to the duty of care towards Commission staff. The EEAS is responsible for the security and safety in European Union Delegation premises and the staff working there.

               (4)

               This Decision is subject to an empowerment decision of the Commission in favour of the Member of the Commission responsible for security matters, in full compliance with the internal rules of procedure as referred to in Article 21 of Decision (EU, Euratom) 2015/443.

               (5)

               Decision 2007/65/EC should therefore be repealed,

         HAS ADOPTED THIS DECISION:
   CHAPTER 1

      GENERAL PROVISIONS

   Article 1
   Definition
   In addition to the definitions set out in Article 1 of (EU, Euratom) 2015/443 the following definition applies:

               ‘alert state’ means a set of security measures intended to provide a specific level of protection of the physical integrity of persons, premises or other assets in the Commission commensurate with the threats to security.

         Article 2
   Subject matter and scope
   1.   This Decision sets out alert state measures in compliance with Decision (EU, Euratom) 2015/443 in anticipation of or in response to threats and incidents affecting security in the Commission and measures required for managing crisis situations.
   2.   A security system comprising standard security measures and three alert states shall apply in the premises of the Commission. The standard security measures and the alert states shall be identified by colour codes: WHITE corresponds to the standard security measures; YELLOW, ORANGE and RED correspond to increased threat levels.
   3.   This Decision shall apply to all Commission departments and in all premises of the Commission situated inside and outside the European Union subject to responsibilities referred to in Article 4.
   Article 3
   Alert state levels
   1.   When no particular threat or incident affecting the physical integrity of persons, premises or other assets has been identified in the Commission, standard WHITE security measures shall apply. They shall be used on a daily basis and are designed to ensure an appropriate level of security.
   2.   When threats are made or an incident affecting the physical integrity of persons, premises or other assets occurs that may have an adverse effect on the Commission or its functioning, the YELLOW alert state shall apply.
   3.   When threats are made affecting the physical integrity of persons, premises or other assets aimed specifically at the Commission or its functioning, even though no definite target or time of attack has been identified, the ORANGE alert state shall apply.
   4.   When threats of an imminent attack are made, affecting the physical integrity of persons, premises or other assets, aimed specifically at the Commission or its functioning, the RED alert state shall apply.
   Article 4
   Responsibilities
   1.   The Member of the Commission responsible for security:

               (a)

               shall decide in consultation with other European institutions and other relevant European entities on changing of the alert state level;

               (b)

               shall decide upon advice from the Directorate-General for Human Resources and Security which of the specific measures of the alert state are to be implemented in light of the current security situation and which additional measures need to be taken;

               (c)

               shall inform the President and the other Members of the Commission of any decision taken pursuant to this article.

         2.   The Directorate-General for Human Resources and Security:

               (a)

               shall be responsible for the implementation of this Decision in Commission premises situated in the Member States of the European Union;

               (b)

               shall ensure external liaison as set out in Article 18(2) of (EU, Euratom) 2015/443 in case of threats or incidents affecting physical integrity of persons, premises or other assets in the Commission;

               (c)

               in case of urgency shall take the decisions set out in paragraph 1(a) and (b). The Directorate-General for Human Resources and Security shall, as soon as possible after having taken those measures, inform the Member of the Commission responsible for security of the measures and the reasons for them;

               (d)

               shall continuously monitor threats and risks to security.

         3.   The Directorate-General for Humanitarian Aid and Civil Protection shall be responsible for the implementation of this Decision in all its offices located in third countries.
   4.   The Directorate-General for Communication shall be responsible for the implementation of this Decision in the Commission Representations and Regional Representations.
   5.   The Directorate-General for the Joint Research Centre shall be responsible for the implementation of this Decision in the Commission Joint Research Centre's premises.
   6.   The above listed Directorates-General may take additional security measures in case of urgency in compliance with the present Decision and (EU, Euratom) 2015/443. The Directorate-General for Human Resources and Security shall be informed of these measures without delay.
   Article 5
   Measures
   1.   The Directorate-General for Human Resources and Security shall take and implement security measures in accordance with (EU, Euratom) 2015/443. A non-exhaustive list of measures shall be prepared and implemented by the Directorate-General for Human Resources and Security.
   2.   The alert state measures shall be in strict compliance with Decision (EU, Euratom) 2015/443. The alert states levels shall be defined in close cooperation with the competent services of other European institutions and other relevant European entities and with Member States hosting Commission premises.
   3.   The alert state levels shall be expressed in the public areas through a colour-coded signalling system and the colour varies according to the alert state level.
   4.   Security measures ‘WHITE’ shall be detailed in a security notice in full compliance with Article 21(2) of (EU, Euratom) 2015/443.
   CHAPTER 2

      MISCELLANEOUS AND FINAL PROVISIONS

   Article 6
   Transparency
   This Decision shall be brought to the attention of Commission staff and of all individuals to whom it applies.
   Article 7
   Repeal
   Decision 2007/65/EC is repealed.
   Article 8
   Entry into force
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 31 May 2016.

            For the Commission,

            On behalf of the President,

         Kristalina GEORGIEVA

            Vice-President

      (1)  OJ L 72, 17.3.2015, p. 41.

      (2)  Commission Decision 2007/65/EC of 15 December 2006, establishing the Commission's standard security measures and alert states and amending its Rules of Procedure as regards operational procedures for management of crisis situations (OJ L 32, 6.2.2007, p. 144).


Avis juridique important

|

32001D0916

2001/916/EC: Council Decision of 3 December 2001 on the conclusion of an Additional Protocol adjusting the trade aspects of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the outcome of the negotiations between the parties on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks

Official Journal L 342 , 27/12/2001 P. 0006 - 0008

Council Decisionof 3 December 2001on the conclusion of an Additional Protocol adjusting the trade aspects of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the outcome of the negotiations between the parties on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks(2001/916/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of the first subparagraph of Article 300(2), and Article 300(4) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, hereinafter referred to as the "Stabilisation and Association Agreement", was initialled on 24 November 2000 and signed by Exchange of Letters in Luxembourg on 9 April 2001. Article 27(4) of the Stabilisation and Association Agreement provides that the trade arrangements to apply to wine and spirit products remain to be defined.(2) In accordance with the Directives adopted by the Council on 11 March 1998, the Commission and the former Yugoslav Republic of Macedonia reached agreement on 20 June 2001 on new reciprocal trade concessions for certain wines and on the reciprocal recognition, protection and control of wine names and spirits designations. In order to ensure consistency within the overall stabilisation process, the results of these negotiations should be integrated into the framework of the Stabilisation and Association Agreement in the form of an Additional Protocol.(3) Provisions to adopt the implementing Regulations on preferential trade concessions provided for certain wines should be made by the Commission, assisted by the Customs Code Committee set up by Article 248a of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code(1), notwithstanding Article 62 of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine(2). The Commission shall make the necessary amendments and technical adaptations to the implementing Regulations which might result from new preferential agreements, protocols, Exchanges of Letters or other acts concluded between the European Community and the former Yugoslav Republic of Macedonia, or which are necessary following the changes to the Combined Nomenclature and TARIC codes.(4) In order to facilitate the implementation of certain provisions of the Protocol, the Commission should be authorised to approve, on behalf of the Community, decisions amending the lists and the Protocols to the Agreement on the reciprocal recognition, protection and control of wine names (Annex II to the Protocol) and the Agreement on the reciprocal recognition, protection and control of designations of spirits and aromatised drinks (Annex III to the Protocol). In adopting these acts, the Commission should be assisted by the Management Committee for Wine set up by Article 74 of Regulation (EC) No 1493/1999, on the one hand, and by the Implementation Committee for Spirit Drinks set up by Article 13 of Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks(3) and the Implementation Committee for Aromatised Wines set up by Article 12 of Council Regulation (EEC) No 1601/1991 of 10 June 1991 laying down general rules on the definition, description and presentation of aromatised wines, aromatised wine-based drinks and aromatised wine-product cocktails(4), on the other hand.(5) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5),HAS DECIDED AS FOLLOWS:Article 1The Additional Protocol adjusting the trade aspects of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the outcome of the negotiations between the parties on reciprocal preferential concessions for certain wines, the reciprocal recognition, protection and control of wine names and the reciprocal recognition, protection and control of designations for spirits and aromatised drinks (hereinafter referred to as "the Protocol"), is hereby approved on behalf of the Community.The text of the Protocol is attached to this Decision.Article 21. The President of the Council is hereby authorised to designate the person empowered to sign the Protocol on behalf of the Community, in order to express the consent of the Community to be bound.2. The President of the Council shall, on behalf of the Community, make the notification of approval provided for in Article 3 of the Protocol.Article 3Provisions for the application of the tariff quotas for certain wines provided in Annex I to the Protocol, as well as amendments and technical adaptations to the implementing Regulations necessary following changes to the Combined Nomenclature codes and to the TARIC subdivisions or arising from the conclusion of new agreements, protocols, Exchanges of Letters or other acts between the Community and the former Yugoslav Republic of Macedonia, shall be adopted by the Commission according to the procedure set out in Article 4(2) of this Decision, notwithstanding Article 62 of Regulation (EC) No 1493/1999.Article 41. The Commission shall be assisted by the Customs Code Committee set up by Article 248a of Regulation (EEC) No 2913/92.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at three months.3. The Committee shall adopt its rules of procedure.Article 51. For the purposes of the decisions of the Stabilisation and Association Committee concerning the establishment of lists of protected names provided for in Article 4(7) and Article 14(2)(a) of the Agreement on the reciprocal recognition, protection and control of wine names, the Community's position shall be established by the Council acting by qualified majority on a proposal from the Commission.2. Without prejudice to paragraph 1, for the purposes of Articles 13 and 14 of the Agreement on the reciprocal recognition, protection and control of wine names, the Commission shall conclude the necessary acts amending the lists and the Protocol to the Agreement according to the procedure set out in Article 6(2) of this Decision. For all other cases coming under the above Articles, the Community position shall be established and presented by the Commission.Article 61. The Commission shall be assisted by the Management Committee for Wine set up by Article 74 of Regulation (EC) No 1493/1999.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at one month.3. The Committee shall adopt its rules of procedure.Article 71. For the purposes of the decisions of the Stabilisation and Association Committee concerning the establishment of lists of protected designations provided for in Article 4(5) and Article 14(2)(a) of the Agreement on the reciprocal recognition, protection and control of designations for spirits and aromatised drinks, the Community's position shall be established by the Council acting by qualified majority on a proposal from the Commission.2. Without prejudice to paragraph 1, for the purposes of Articles 13 and 14 of the Agreement on the reciprocal recognition, protection and control of designations for spirits and aromatised drinks, the Commission shall conclude the necessary acts amending the lists and the Protocol to the Agreement according to the procedure set out in Article 8(2) of this Decision. For all other cases coming under the above Articles, the Community position shall be established and presented by the Commission.Article 81. The Commission shall be assisted by the Implementation Committee for Spirit Drinks instituted by Article 13 of Regulation (EEC) No 1576/89 and by the Implementation Committee for Aromatised Wines, Aromatised Wine-Based Drinks and Aromatised Wine-Product Cocktails set up by Article 12 of Regulation (EEC) No 1601/91.2. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply.The period provided for in Article 5(6) of Decision 1999/468/EC shall be set at one month.3. The Committees shall adopt their rules of procedure.Article 9This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 3 December 2001.For the CouncilThe PresidentF. Vandenbroucke(1) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 2700/2000 (OJ L 311, 12.12.2000, p. 17).(2) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 2826/2000 (OJ L 328, 23.12.2000, p. 2).(3) OJ L 160, 12.6.1989, p. 1. Regulation as last amended by Regulation (EC) No 3378/94 of the European Parliament and of the Council (OJ L 366, 31.12.1994, p. 1).(4) OJ L 149, 14.6.1991, p. 1. Regulation as last amended by Regulation (EC) No 2061/96 of the European Parliament and of the Council (OJ L 277, 30.10.1996, p. 1).(5) OJ L 184, 17.7.1999, p. 23.


title: 2004/726/EC: Decision of the European Parliament of 21 April 2004 concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year — Section VI — European Economic and Social Committee

text:
               21.4.2004

               EN

               Official Journal of the European Union

               L 330/149

         DECISION OF THE EUROPEAN PARLIAMENT
   of 21 April 2004
   concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year — Section VI — European Economic and Social Committee
   (2004/726/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the revenue and expenditure account and balance sheet for the 2002 financial year (I5-0034/2003 — C5-0088/2004),
   having regard to the annual report of the European Court of Auditors for the 2002 financial year, together with the replies of the institutions (C5-0583/2003) (1),
   having regard to the statement of assurance by the European Court of Auditors, pursuant to Article 248 of the EC Treaty, as to the reliability of the accounts and the legality and regularity of the underlying transactions (C5-0583/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0145/2004),
   having regard to Article 272(10) and Article 275 of the EC Treaty,
   having regard to Article 22(2) and (3) of the Financial Regulation of 21 December 1977 (2) and Article 50 of the Financial Regulation of 25 June 2002 (3),
   having regard to Rule 93a of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A5-0228/2004),

               1.

               Grants the Secretary-General of the European Economic and Social Committee discharge in respect of the implementation of the budget for the 2002 financial year;

               2.

               Records its comments in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions and the Ombudsman and to have them published in the Official Journal of the European Union (L series).

            The Secretary-General

         Julian PRIESTLEY

            The President

         Pat COX

      (1)  OJ C 286, 28.11.2003, p. 1.

      (2)  OJ L 356, 31.12.1977, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1.
    ---documentbreak---

               21.4.2004

               EN

               Official Journal of the European Union

               L 330/150

         RESOLUTION
   of the European Parliament containing the comments accompanying the decision concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year — Section VI — European Economic and Social Committee
   THE EUROPEAN PARLIAMENT,
   having regard to the revenue and expenditure account and balance sheet for the 2002 financial year (I5-0034/2003 — C5-0088/2004),
   having regard to the annual report of the European Court of Auditors for the 2002 financial year, together with the replies of the institutions (C5-0583/2003) (1),
   having regard to the statement of assurance by the European Court of Auditors, pursuant to Article 248 of the EC Treaty, as to the reliability of the accounts and the legality and regularity of the underlying transactions (C5-0583/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0145/2004),
   having regard to Article 272(10) and Article 275 of the EC Treaty,
   having regard to Article 22(2) and (3) of the Financial Regulation of 21 December 1977 (2) and Article 50 of the Financial Regulation of 25 June 2002 (3),
   having regard to Rule 93 a of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A5-0228/2004),

               1.

               Notes the replies given by the European Economic and Social Committee (EESC) on 17 December 2003 to the questionnaire sent by the Committee on Budgetary Control on 26 November 2003;

               2.

               Thanks the EESC for forwarding its internal rules governing budget implementation and the charter of the internal auditor;

               3.

               Notes the EESC's assurance that there have been no further irregularities whatever with regard to the settlement of travel expenses;

               4.

               Notes that, on 10 December 2003, the EESC adopted a statute for its Members; asks the Court of Auditors for an opinion on the financial implications of the provisions thereof; asks the Court of Auditors to submit that opinion no later than in the context of its annual report for 2003;

               5.

               Welcomes the fact that the EESC has given an account of the extent to which the objectives it set itself for the period 1998 to 2002 were met (4); is convinced that a critical evaluation of activities can be the basis for better public awareness of the EESC's work;

               6.

               Thanks the EESC for the progress report of 26 June 2003 (5) on renovating the Belliard Building, according to which it will be handed over on 31 May 2004; asks, however, for an explanation of the Financial Controller's comment on 2002 budget implementation that ‘Shortcomings in the management of the “Belliard” dossier, meaning that the Committees had a lack of oversight of certain aspects, were noted and pointed out.’ (6);

               7.

               Welcomes the fact that the two committees have managed to make early payments to the owner of the Belliard Building, Cofinimmo, so as to reduce liabilities more quickly;

               8.

               Asks the EESC whether it updated the inventory in 2002 and whether, as Parliament insisted (7), the Court of Auditors has verified the inventory.

      (1)  OJ C 286, 28.11.2003, p. 1.

      (2)  OJ L 356, 31.12.1977, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  The EESC Secretariat's activities in the 1998-2002 period. Report presented to the Bureau on 17 September 2002.

      (5)  Note to the Committee on Budgetary Control, Belliard building progress report, 26 June 2003.

      (6)  Reply to questionnaire, question 4, general section.

      (7)  Resolution of 8 April 2003, paragraph 8 (OJ L 148, 16.6.2003, p. 55).


title: 2009/375/EC: Commission Decision of 8 May 2009 on the financing of a working programme for 2009 on training tools in the field of food safety, animal health, animal welfare and plant health

text:
               9.5.2009

               EN

               Official Journal of the European Union

               L 116/54

      COMMISSION DECISION

   of 8 May 2009
   on the financing of a working programme for 2009 on training tools in the field of food safety, animal health, animal welfare and plant health
   (2009/375/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1), and in particular Article 75 thereof,
   Having regard to Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 90 thereof,
   Having regard to Council Directive 2000/29/EC of 8 May 2000 on protective measures against the introduction into the Community of organisms harmful to plants or plant products and against their spread within the Community (3) and in particular Article 2(1)(i) thereof,
   Having regard to Regulation (EC) No 882/2004 of the European Parliament and of the Council of 29 April 2004 on official controls performed to ensure the verification of compliance with feed and food law, animal health and animal welfare rules (4) and in particular, Articles 51 and 66(1)(b) and (c) thereof,
   Having regard to Commission Decision 2004/858/EC of 15 December 2004 setting up an executive agency, the ‘Executive Agency for the Public Health Programme’, for the management of Community action in the field of public health — pursuant to Council Regulation (EC) No 58/2003 (5) and in particular Article 6 thereof,
   Having regard to Commission Decision C(2008) 4943 of 9 September 2008 delegating powers to the Executive Agency for Health and Consumers with a view to performance of tasks linked to implementation of the Public Health Programme 2003-2008 as adopted by Decision No 1786/2002/EC, the Public Health Programme 2008-2013 as adopted by Decision No 1350/2007/EC, the Consumer Programme 2007-2013 as adopted by Decision No 1926/2006/EC and the food safety training measures covered by Regulation (EC) No 882/2004 and Directive 2000/29/EC,
   Whereas:

               (1)

               In accordance with Article 75 of Regulation (EC, Euratom) No 1605/2002 and with Article 90 of Regulation (EC, Euratom) No 2342/2002, the commitment of the expenditure shall be preceded by a financing decision which determines the essential elements of an action involving expenditure from the budget.

               (2)

               Different actions are foreseen in the field of training tools within several legislative acts dealing with food safety, animal health, animal welfare and plant health. These actions have to be financed by the Community budget. The financing of such actions should be subject to a single decision.

               (3)

               According to Articles 4 and 6 of Decision 2004/858/EC, the Executive Agency for Health and Consumers carries out certain activities for the implementation of the food safety training measures covered by Regulation (EC) No 882/2004 and Directive 2000/29/EC and should receive the necessary appropriations for that purpose,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The working programme in annex concerning the financing in 2009 of actions related to training tools in the field of food safety, animal health, animal welfare and plant health is adopted.
   The Director-General of Directorate-General ‘Health and Consumers’ is in charge of its publication and implementation.
   Within the maximum indicative budget of each specific action, cumulated changes not exceeding 20 % are not considered to be substantial provided that they do not significantly affect the nature and objectives of the work plan. The authorising officer, as referred to in Article 59 of the Financial Regulation, may adopt such changes in accordance with the principles of sound financial management.
   Article 2
   The operating subsidy entered in the budget line 17 01 04 31 shall be paid to the ‘Executive Agency for Health and Consumers’.
   Article 3
   The appropriations covered by the work programme in annex may be used to pay default interest in accordance with Article 83 of Regulation (EC, Euratom) No 1605/2002.

      Done at Brussels, 8 May 2009.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 248, 16.9.2002, p. 1.

      (2)  OJ L 357, 31.12.2002, p. 1.

      (3)  OJ L 169, 10.7.2000, p. 1.

      (4)  OJ L 165, 30.4.2004, p. 1; as corrected by OJ L 191, 28.5.2004, p. 1.

      (5)  OJ L 369, 16.12.2004, p. 73.

      ANNEX

         Working programme for 2009 on training tools in the field of food safety, animal health, animal welfare and plant health

      TRAINING
      1.   Budget lines: 17 04 07 01 and 17 04 04 01
      Legal basis

                  —

                  Regulation (EC) No 882/2004, Article 51 and Article 66(1)(b),

                  —

                  Directive 2000/29/EC, and in particular Article 2(1)(i).

            The action to be financed under this budget is aimed at the development, organisation and delivery of training courses and workshops or seminars in the Community and in third countries in order to ensure that personnel performing official controls are adequately trained. Through these training courses and seminars, government officials, national authorities and laboratory experts shall be informed about and trained on Community feed and food and plant health legislation and the control requirements for feed and food and plants and plant products to be allowed on the Community markets.
      The Commission contributes to the training of officials in the Member States in that it supplements the training received at national level with training in aspects that are relevant from a Community point of view.
      For 2009, training actions will concern the following subjects:

                  —

                  Food and feed control procedures based on HACCP (hazard analysis critical control point) principles; audit techniques to verify implementation of HACCP systems,

                  —

                  Animal health prevention and controls,

                  —

                  Food hygiene and control: fish, meat and dairy products,

                  —

                  Prevention, control and eradication of transmissible spongiform encephalopathies,

                  —

                  Plant health controls,

                  —

                  Food contact materials,

                  —

                  GMO analysis,

                  —

                  EU food rules and food import requirements,

                  —

                  Diagnosis and control of highly pathogenic avian influenza,

                  —

                  Other animal health and welfare, plant health and food safety issues, cooperation with other international organisations on food safety training.
                  (EUR 12 300 000)

            Financing through public procurement.
      The global budgetary envelope reserved for the procurements during the year amounts to EUR 12 300 000.
      For each of the technical issues mentioned above one or more specific service contracts will be signed. It is estimated that around 14 service contracts will be signed. External contractors are mainly involved in the organisational and logistical aspects of the training activities.
      The aim is to launch the procurement procedure as soon as possible (approximately between March and June) in order to sign the contracts during 2009.
      EUR 12 000 000 (financing of food safety measures under Regulation (EC) No 882/2004 and Directive 2000/29/EC) out of EUR 12 300 000 will be managed and implemented by the Agency (Commission Decision 2008/544/EC (1)). The remaining EUR 300 000 will be used by the Commission to cover the programme on GMO.
      2.   Budget line: 17 01 04 05
      Legal basis

                  —

                  Regulation (EC) No 882/2004, Article 66(1)(c).

            The actions to be financed under this budget are aimed at launching:

                  —

                  a pilot e-learning project on specific training programmes to allow ‘Better training for safer food’ to reach a wider audience of personnel performing official controls both in EU Member States and in third countries,

                  —

                  a study to identify and define ‘best practices’ in Better training for safer food activities in order to better promote the ‘train-the-trainer’ approach by specifying training tools to be adapted to specific needs.

            Finally, to better arrange the training programmes, IT equipment and tools, as well as promotional material, information and communication supports need to be financed.
      (EUR 370 000)
      Financing: existing framework contracts and/or public procurement procedures.
      It is estimated that around four service contracts will be signed.
      Indicative time-frame for signing the contracts: between March and July.
      3.   Budget line: 17 01 04 31
      Legal basis

                  —

                  Decision 2004/858/EC, and in particular Article 6.

            This budget finances the Agency’s operating subsidy for the year 2009 related to the programmes under ‘FP heading 2’. Budget line 17 01 04 31 finances the Agency’s 2009 operating subsidy for the part related to the Better training for safer food programme. According to Article 12(3) of Council Regulation (EC) No 58/2003 (2) the operating subsidy is to be drawn from the financial allocation to the Community programmes managed by the Agency. Two separate budget lines have been created in the 2009 budget for the subsidy to be paid to the EAHC, one for programmes under heading 2 and another for programmes under heading 3b of the Financial Perspectives.
      (EUR 1 100 000)
      Summary

                  No

                  Name

                  Budget line

                  Legal base

                  Amount
                  (in EUR)

                  1

                  Training: external contracts for the execution of the training programme

                  17 04 07 01

                  Regulation (EC) No 882/2004

                  11 300 000

                  17 04 04 01

                  Directive 2000/29/EC

                  1 000 000

                  2

                  Training: annual report, e-learning pilot project, best practice, IT equipment and tools, promotional material, information and communication support

                  17 01 04 05

                  Regulation (EC) No 882/2004

                  370 000

                  3

                  Operating subsidy

                  17 01 04 31

                  Decision 2008/544/EC

                  1 100 000

                  Total

                  13 770 000

         (1)  OJ L 173, 3.7.2008, p. 27.

         (2)  OJ L 11, 16.1.2003, p. 1.