Avis juridique important

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32000D0443

2000/443/EC: Commission Decision of 18 May 2000 amending Decision 97/404/EC of 10 June 1997 setting up a Scientific Steering Committee and Decision 97/579/EC of 23 July 1997 setting up scientific committees in the area of consumer health and food safety (notified under document number C(2000) 1343) (Text with EEA relevance)

Official Journal L 179 , 18/07/2000 P. 0013 - 0014

Commission Decisionof 18 May 2000amending Decision 97/404/EC of 10 June 1997 setting up a Scientific Steering Committee and Decision 97/579/EC of 23 July 1997 setting up scientific committees in the area of consumer health and food safety(notified under document number C(2000) 1343)(Text with EEA relevance)(2000/443/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Decision 97/404/EC of 10 June 1997 setting up a Scientific Steering Committee(1), and in particular Articles 3, 4 and 8 thereof,Having regard to Decision 97/579/EC of 23 July 1997, setting up scientific committees in the area of consumer health and food safety(2), and in particular Article 5 thereof,Whereas:(1) In July 2000 the terms of office of the eight members of the Scientific Steering Committee who do not chair other scientific committees will come to an end. In November 2000 the terms of office of the members of the eight sectoral scientific committees will come to an end. Consequently, new members of these committees will have to be appointed, at the latest, in July 2000 for the Scientific Steering Committee and in November 2000 for the sectoral scientific committees. Before new members are appointed, it is necessary to adapt the decisions setting up the committees in the light of practical experience, as regards the length of the term of office of their members, the rules on confidentiality and the annual declaration of interests.(2) Membership of the scientific committees may be partially renewed during their term of office (replacement of resigning members, increase in the number of members). In order to ensure that the scientific committees in question function correctly and to ensure cohesion of their work, it is appropriate to limit the term of office of new committee members to the remaining term of office of the other committee members. Bearing in mind the often limited duration of these partial terms of office, it is emphasised that the rule limiting members to no more than two consecutive terms of office refers only to complete terms of office.(3) Article 4 of Decision 97/404/EC of 10 June 1997 setting up a Scientific Steering Committee provides for an annual declaration of interests to ensure the independendce of the Scientific Steering Committee. This rule should be extended to the ad hoc Scientific Steering Committee group set up by the aforementioned Decision of 10 June to take account of the permanent status of this group. Even if the members of the ad hoc group already make an annual declaration in accordance with the rules of procedure, it is appropriate to include this obligation in the Decision.(4) The obligations of confidentiality under Article 8 of Decision 97/404/EC of 10 June 1997 setting up a Scientific Steering Committee are only applicable to members of the committee, whereas Article 11 of the other abovementioned Decision of 23 July 1997 setting up scientific committees applies the same obligations of confidentiality to both the members of the Committees and external experts. Even if the rules of procedure provided for by the two decisions cover both members and external experts as regards obligations of confidentiality, it now appears necessary to bring the wording of the aforementioned Article 8 into line with that of the aforementioned Article 11,HAS DECIDED AS FOLLOWS:Article 1Decision 97/404/EC is amended as follows:1. Article 3(5) is replaced by the following text:"5. The term of office of members of the SSC not being chairpersons of scientific committees shall be three years. This term may be shortened in a member's instrument of appointment, in order to ensure that the terms of office of all the members come to an end at the same time. Members may not serve more than two consecutive terms of office. After the period of three years they shall remain in office until they are replaced or their appointments are renewed."2. Article 4(2) is replaced by the following text:"2. Members of the SSC and of its ad hoc group shall inform the Commission annually of any interests which might be perceived as prejudicial to their independence."3. Article 8 shall be replaced by the following text:"Article 8Without prejudice to Article 287 of the Treaty, members and external experts shall be obliged not to divulge information which they acquire as a result of the work of the SSC or one of its working groups when they are informed that this information is subject to a request for confidentiality."Article 2Article 5(1) decision 97/578/EC is replaced by the following text:"1. The term of office of members of the scientific committees shall be three years. This term may be shortened in a members' instrument of appointment, in order to ensure that the terms of office of all of the members of a scientific committee come to an end at the same time. Members may not serve more than two consecutive terms of office. After the period of three years they shall remain in office until they are replaced or their appointments are renewed."Done at Brussels, 18 May 2000.For the CommissionDavid ByrneMember of the Commission(1) OJ L 169, 27.6.1997, p. 86.(2) OJ L 237, 28.8.1997, p. 18.


title: 2006/234/EC: Council Decision of  27 February 2006  concerning the conclusion of an Agreement between the Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the MEDIA Plus and MEDIA Training Community programmes, and a Final Act

text:
               28.3.2006

               EN

               Official Journal of the European Union

               L 90/22

         COUNCIL DECISION
   of 27 February 2006
   concerning the conclusion of an Agreement between the Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the MEDIA Plus and MEDIA Training Community programmes, and a Final Act
   (2006/234/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 150(4) and 157(3), in conjunction with the first sentence of Article 300(2), and the first subparagraph of Article 300(3), thereof,
   Having regard to the proposal from the Commission
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               The Commission has negotiated, on behalf of the European Community, an agreement to enable the Swiss Confederation to participate in the MEDIA Plus and MEDIA Training Community programmes, and a Final Act.

               (2)

               The Agreement and the Final Act were signed on behalf of the Community on 26 October 2004, subject to conclusion at a later date.

               (3)

               This Agreement and Final Act should be approved by the Community,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confed- eration in the MEDIA Plus and MEDIA Training Community programmes, and the Final Act, are hereby approved on behalf of the Community.
   The text of the Agreement and the Final Act are attached to this Decision.
   Article 2
   The Commission shall represent the Community in the Joint Committee established by Article 8 of the Agreement.
   Article 3
   The President of the Council shall, on behalf of the Community, give the notification provided for in Article 13 of the Agreement (2).
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 27 February 2006.

            For the Council

            The President

         U. PLASSNIK

      (1)  Not yet published in the Official Journal.

      (2)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
    ---documentbreak---

               28.3.2006

               EN

               Official Journal of the European Union

               L 90/23

         AGREEMENT
   between the European Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the Community programmes MEDIA Plus and MEDIA Training
   THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,
   of the one part, and
   THE SWISS CONFEDERATION, hereinafter referred to as ‘Switzerland’,
   of the other part
   hereinafter together referred to as ‘the Contracting Parties’,
   WHEREAS the Community, pursuant to Council Decision 2000/821/EC of 20 December 2000 and Decision No 163/2001/EC of the European Parliament and of the Council of 19 January 2001, as last amended by Decision No 846/2004/EC of the European Parliament and of the Council of 29 April 2004 and Decision No 845/2004/EC of the European Parliament and of the Council of 29 April 2004, has established a programme to encourage the development, distribution and promotion of European audiovisual works and a training programme for professionals in the European audiovisual programme industry (hereinafter referred to as the ‘MEDIA programme’);
   WHEREAS the MEDIA programme provides, under certain conditions, for the participation of third countries which are party to the Council of Europe Convention on Transfrontier Television, other than EFTA countries party to the EEA Agreement and candidate countries for accession to the European Union, on the basis of supplementary appropriations and specific procedures to be established in agreements between the parties concerned;
   WHEREAS the abovementioned provisions make the opening up of programmes to these third countries subject to a prior examination of the compatibility of their legislation with the relevant acquis communautaire;
   WHEREAS Switzerland and the Community, in the Joint Declaration on further future negotiations in the Final Act of the seven agreements of 21 June 1999, have expressed a wish to negotiate Switzerland's participation in these programmes;
   WHEREAS Switzerland is committed to completing its legislative framework in order to ensure the required level of compatibility with the acquis communautaire; whereas, therefore, on the date of entry into force of this Agreement, Switzerland fulfils the participation conditions laid down by the abovementioned Decisions;
   WHEREAS, in particular, cooperation between the Community and Switzerland, with a view to pursuing the objectives fixed for the MEDIA programme, within the context of transnational cooperation activities involving the Community and Switzerland, by its nature enriches the impact of the different actions undertaken pursuant to that programme and strengthens the skill levels of human resources in the Community and Switzerland;
   WHEREAS the Contracting Parties have a common interest in the development of the European audiovisual programme industry in the context of wider cooperation;
   WHEREAS the Contracting Parties consequently expect to obtain mutual benefits from the participation of Switzerland in the MEDIA programme,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Subject matter
   The objective of the cooperation between the Community and Switzerland established by this Agreement is the participation of Switzerland in all actions under the MEDIA programme. Unless otherwise provided by this Agreement, this shall take place with due regard for the objectives, criteria, procedures and deadlines laid down by the legal acts concerning the programmes and listed in Annex I.
   Article 2
   Compatibility of legislative frameworks
   In order to be able to fulfil the participation conditions laid down by the abovementioned Decisions on the date of entry into force of this Agreement, Switzerland will implement the measures described in Annex II, with a view to completing its legislative framework so as to ensure the required level of compatibility with the acquis communautaire.
   Article 3
   Eligibility
   Unless otherwise provided in this Agreement:

               1.

               The conditions for the participation of organisations and individuals from Switzerland in each of the actions shall be the same as those applicable to organisations and individuals from the Member States of the Community.

               2.

               The eligibility of institutions, organisations and individuals from Switzerland shall be governed by the provisions of the legal acts concerning the programmes and listed in Annex I.

               3.

               In order to ensure the Community dimension of the programmes, all projects and activities necessitating a European partnership shall, in order to be eligible for Community financial support, include at least one partner from one of the Member States of the Community. Other projects and actions shall present a clear European and Community dimension.

         Article 4
   Procedures
   1.   The terms and conditions for the submission, assessment and selection of applications from institutions, organisations and individuals from Switzerland shall be the same as those applicable to eligible institutions, organisations and individuals from the Member States of the Community.
   2.   In accordance with the relevant provisions of the legal acts listed in Annex I, the Commission of the European Communities (hereinafter referred to as ‘the Commission’) may consider Swiss experts when appointing independent experts to assist it with project evaluation.
   3.   The language to be used in all contacts with the Commission, as regards the application process, contracts, reports to be submitted and other administrative aspects of the programmes, shall be one of the official languages of the Community.
   Article 5
   National structures
   1.   Switzerland shall establish the appropriate structures and mechanisms at national level and shall adopt all other necessary measures for national coordination and organisation of activities to implement the MEDIA programme in accordance with the relevant provisions of the legal acts listed in Annex I. In particular, Switzerland undertakes to establish a MEDIA Desk in cooperation with the Commission.
   2.   The maximum amount of financial support to be allocated by the programmes to the activities of the MEDIA Desk shall not exceed 50 % for the total budget for those activities.
   Article 6
   Financial provisions
   To cover the costs resulting from its participation in the MEDIA programme, Switzerland shall each year pay a contribution to the general budget of the European Union in accordance with the terms and conditions set out in Annex III.
   Article 7
   Financial control
   The rules on financial control relating to Swiss participants in the MEDIA programme are set out in Annex IV.
   Article 8
   Joint Committee
   1.   A Joint Committee is hereby established.
   2.   The Joint Committee shall consist of representatives of the Community and representatives of Switzerland. It shall act by mutual agreement.
   3.   The Joint Committee shall be responsible for the management and proper implementation of this Agreement.
   4.   At the request of either one of them, the Contracting Parties shall exchange information and hold consultations within the Joint Committee on the activities covered by this Agreement and related financial aspects.
   5.   In order to discuss the proper functioning of this Agreement, the Joint Committee shall meet at the request of either of the Contracting Parties. It shall adopt its rules of procedure and may create working groups to assist it with its task.
   6.   The Contracting Parties may submit any disputes relating to the interpretation or application of this Agreement to the Joint Committee. The Joint Committee may settle such disputes and shall be provided with any information which might be useful for an in-depth examination of the situation with a view to finding an acceptable solution. To this end, the Joint Committee shall examine all possibilities for maintaining the proper functioning of this Agreement.
   7.   The Joint Committee shall periodically examine the Annexes to this Agreement. Acting on a proposal from either of the Contracting Parties, it may decide to amend them.
   Article 9
   Monitoring, evaluation and reports
   Without prejudice to the responsibilities of the Community in relation to programme monitoring and evaluation pursuant to the provisions of the legal acts concerning the programmes and listed in Annex I, the participation of Switzerland in the MEDIA programme shall be continuously monitored in the context of a partnership between the Community and Switzerland. In order to help it to prepare reports on the experience acquired in the application of the programme, Switzerland shall submit to the Commission a contribution describing the national measures taken by Switzerland in this regard. It shall take part in any other specific activities proposed by the Communityfor this purpose.
   Article 10
   Annexes
   The Annexes to this Agreement shall form an integral part thereof.
   Article 11
   Territorial application
   This Agreement shall apply to the territories in which the Treaty establishing the European Community is applicable, under the conditions laid down in that Treaty, and to the territory of Switzerland.
   Article 12
   Duration and termination
   1.   This Agreement is concluded for the duration of the MEDIA programme.
   2.   If the Community adopts new multiannual programmes to encourage the development, distribution and promotion of European audiovisual works or in the field of training for professionals in the European audiovisual programme industry, this Agreement may be extended or renegotiated under mutually agreed conditions.
   3.   Either the Community or Switzerland may terminate this Agreement by notifying the other Party of its decision. The Agreement shall cease to apply 12 months after the date of such notification. Projects and activities in progress at the time of termination shall continue until their completion according to the conditions laid down in this Agreement. The Contracting Parties shall settle by mutual agreement any other consequences of termination.
   Article 13
   Entry into force
   This Agreement shall enter into force on the first day of the second month following the notification by the Contracting Parties of the completion of their respective procedures.
   Article 14
   Use of languages
   1.   This Agreement shall be drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, each of these texts being equally authentic.
   2.   The Maltese language version shall be authenticated by the Contracting Parties on the basis of an exchange of letters. It shall also be authentic, in the same way as for the languages referred to in paragraph 1.
   IN WITNESS WHEREOF, the undersigned Plenipotentiaries have hereunto set their hands.

      Hecho en Luxemburgo, el veintiséis de octubre de dos mil cuatro.
      V Lucemburku dne dvacátého šestého října dva tisíce čtyři.
      Udfærdiget i Luxembourg den seksogtyvende oktober to tusind og fire.
      Geschehen zu Luxemburg am sechsundzwanzigsten Oktober zweitausendundvier.
      Kahe tuhande neljanda aasta oktoobrikuu kahekümne kuuendal päeval Luxembourgis.
      Έγινε στo Λουξεμβούργο, στις είκοσι έξι Οκτωβρίου δύο χιλιάδες τέσσερα.
      Done at Luxembourg on the twenty-sixth day of October in the year two thousand and four.
      Fait à Luxembourg, le vingt-six octobre deux mille quatre.
      Fatto a Lussemburgo, addì ventisei ottobre duemilaquattro.
      Luksemburgā, divi tūkstoši ceturtā gada divdesmit sestajā oktobrī.
      Priimta du tūkstančiai ketvirtų metų spalio dvidešimt šeštą dieną Liuksemburge.
      Kelt Luxembourgban, a kettőezer-negyedik év október havának huszonhatodik napján.
      Magħmula fil-Lussemburgu fis-sitta u għoxrin jum ta' Ottubru tas-sena elfejn u erbgħa.
      Gedaan te Luxemburg, de zesentwintigste oktober tweeduizendvier.
      Sporządzono w Luksemburgu, dnia dwudziestego szóstego października roku dwa tysiące czwartego.
      Feito no Luxemburgo, em vinte e seis de Outubro de dois mil e quatro.
      V Luxemburgu dvadsiateho šiesteho októbra dvetisícštyri.
      V Luxembourgu, dne šestindvajsetega oktobra leta dva tisoč štiri
      Tehty Luxemburgissa kahdentenakymmenentenäkuudentena päivänä lokakuuta vuonna kaksituhattaneljä.
      Som skedde i Luxemburg den tjugosjätte oktober tjugohundrafyra.

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

         Für die Schweizerische Eidgenossenschaft
         Pour la Confédération suisse
         Per la Confederazione svizzera

   ANNEX I
   List of legal acts concerning the MEDIA Programme
   Council Decision 2000/821/EC of 20 December 2000 on the implementation of a programme encouraging the development, distribution and promotion of European audiovisual works (Media Plus — Development, Distribution and Promotion) (2001-2005) (OJ L 336, 30.12.2000, p. 82).
   Decision No 163/2001/EC of the European Parliament and of the Council of 19 January 2001 on the implementation of a training programme for professionals in the European audiovisual programme industry (MEDIA-Training) (2001-2005) (OJ L 26, 27.1.2001, p. 1).
   Council Regulation (EC) No 885/2004 of 26 April 2004 adapting Regulation (EC) No 2003/2003 of the European Parliament and of the Council, Council Regulations (EC) No 1334/2000, (EC) No 2157/2001, (EC) No 152/2002, (EC) No 1499/2002, (EC) No 1500/2003 and (EC) No 1798/2003, Decisions No 1719/1999/EC, No 1720/1999/EC, No 253/2000/EC, No 508/2000/EC, No 1031/2000/EC, No 163/2001/EC, No 2235/2002/EC and No 291/2003/EC of the European Parliament and of the Council, and Council Decisions 1999/382/EC, 2000/821/EC, 2003/17/EC and 2003/893/EC in the fields of free movement of goods, company law, agriculture, taxation, education and training, culture and audiovisual policy and external relations, by reason of the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (OJ L 168, 1.5.2004, p. 1).
   Decision No 845/2004/EC of the European Parliament and of the Council of 29 April 2004 amending Decision No 163/2001/EC of the European Parliament and of the Council on the implementation of a training programme for professionals in the European audiovisual programme industry (MEDIA-Training) (2001-2005) (OJ L 157, 30.4.2004, p. 1).
   Decision No 846/2004/EC of the European Parliament and of the Council of 29 April 2004 amending Council Decision 2000/821/EC on the implementation of a programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (2001-2005) (OJ L 157, 30.4.2004, p. 4).
   ANNEX II
   Article 1
   Freedom of broadcast reception and retransmission
   1.   Where a Member State of the Community is party to the Council of Europe Convention on Transfrontier Television, Switzerland shall ensure the freedom of reception and retransmission on its territory with regard to television broadcasts under the jurisdiction of that Member State in accordance with the provisions of the Convention.
   2.   In cases other than those referred to in paragraph 1, Switzerland shall ensure freedom of reception and retransmission on its territory with regard to television broadcasts under the jurisdiction of a Member State of the Community (as determined pursuant to Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, hereinafter referred to as the ‘Television without Frontiers Directive’, as amended by Directive 97/36/EC of the European Parliament and of the Council), in accordance with the following procedures: Switzerland shall maintain the right to

               (a)

               suspend retransmission of broadcasts from a television broadcasting organisation under the jurisdiction of a Member State of the Community which has manifestly, seriously and gravely infringed the rules on the protection of minors and human dignity set out in Articles 22 and 22a of the ‘Television without Frontiers’ Directive;

               (b)

               take action against a television broadcasting organisation which is established in the territory of a Member State of the Community but whose activity is entirely or mainly directed towards Swiss territory, if the place of establishment was chosen with a view to evading the rules which would have applied to the organisation had it been established on Swiss territory. These conditions will be interpreted in the light of the relevant case law of the Court of Justice of the European Communities (Case 33/74 Van Binsbergen v. Bestuur van de Bedrijfsvereniging, [1974] ECR 1299; and Case C-23/93 TV10 SA v Commissariaat voor de Media, [1994] ECR I-4795).

         3.   In the cases referred to in paragraph 2 of this Article, action shall be taken after an exchange of views within the Joint Committee established under this Agreement.
   Article 2
   Promotion of distribution and production of television programmes
   1.   Switzerland shall apply by analogy Articles 4 and 5 of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, as amended by Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997, and shall ensure that broadcasters subject to the jurisdiction of its authorities implement them.
   2.   For the purposes of implementation of the previous paragraph, the definition of a European work shall be that set out in Article 6 of Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, as amended by Directive 97/36/EC.
   3.   Switzerland shall ensure that works originating from Member States of the Community are not subject to discrimination in the context of the application of this Agreement and for the period of its duration.
   4.   The procedures for realising these commitments shall be defined in the Swiss regulations applicable to television broadcasting and shall be legally binding from the date of entry into force of this Agreement. This regulatory framework shall require broadcasters to ensure that the proportions laid down in Directive 89/552/EEC are achieved, in accordance with paragraphs 1 and 2 of this Article, and that each year they provide the Swiss regulator with a report on the proportions achieved and the reasons for any failure to comply. Where these proportions are only partially achieved and the reasons given are inadequate, the competent authority shall adopt appropriate measures. In all cases, broadcasters shall ensure that progress is made towards the proportions laid down in the Directive.
   ANNEX III
   Financial contribution of Switzerland to ‘MEDIA Plus’ and ‘Media Training’

               1.

               The financial contribution to be made by Switzerland to the budget of the European Union in order to participate in the ‘MEDIA Plus’ and ‘MEDIA-Training’ programmes, which will be allocated proportionally to the respective programme budgets, shall be as follows (in million euro):

                           2005

                           2006

                           4,2

                           4,2

               2.

               The Financial Regulation applicable to the general budget of the European Communities shall apply, in particular to the management of Switzerland's contribution.

               3.

               The travel and subsistence expenses of representatives and experts from Switzerland in connection with their participation in meetings organised by the Commission in conjunction with implementation of the programmes shall be reimbursed by the Commission on the same basis and in accordance with the procedures currently in force for experts from the Member States of the Community.

               4.

               Following the entry into force of this Agreement, and at the beginning of each subsequent year, the Commission will send to Switzerland a request for funds corresponding to its contribution to the budget for the programmes, in accordance with this Agreement.
               This contribution shall be expressed in euro and shall be paid into a euro bank account held by the Commission.

               5.

               Switzerland shall pay its contribution by 1 April, if the request for funds is sent by the Commission before 1 March, or no later than 30 days after the request for funds if this is sent by the Commission after that date.
               Any delay in the payment of the contribution will entail the payment of interest by Switzerland on the outstanding amount from the due date. The interest rate shall correspond to the rate applied by the European Central Bank, on the due date, for its operations in euro, increased by 3,5 percentage points.

         ANNEX IV
   Financial control of Swiss participants in the MEDIA programme
   Article 1
   Direct communication
   The Commission shall communicate directly with programme participants established in Switzerland and with their subcontractors. These may submit directly to the Commission all relevant information and documentation which they are required to provide on the basis of the instruments referred to in this Agreement and of the contracts concluded to implement them.
   Article 2
   Audits
   1.   In accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 and 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, and with the other provisions referred to in this Agreement, the contracts concluded with programme participants established in Switzerland may provide for scientific, financial, technological or other audits to be conducted at any time on the premises of participants or their subcontractors by Commission staff or other persons mandated by the Commission.
   2.   Commission staff and other persons mandated by the Commission shall have appropriate access to sites, works and documents and to all the information required in order to carry out such audits, including information in electronic form. This right of access shall be stated explicitly in the contracts entered into to implement the instruments referred to in this Agreement.
   3.   The Court of Auditors of the European Communities shall have the same rights as the Commission.
   4.   Audits may be conducted after the programme or this Agreement expires, on the terms laid down in the contracts in question.
   5.   The Swiss Federal Audit Office shall be informed in advance of audits to be conducted on Swiss territory. This information shall not be a legal condition for carrying out such audits.
   Article 3
   On-the-spot checks
   1.   Within the framework of this Agreement, the Commission (OLAF) shall be authorised to carry out on-the-spot checks and inspections on Swiss territory, in accordance with the terms and conditions laid down in Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities.
   2.   On-the-spot checks and inspections shall be prepared and conducted by the Commission in close collaboration with the Swiss Federal Audit Office or with the other competent Swiss authorities designated by the Swiss Federal Audit Office, which shall be notified in good time of the object, purpose and legal basis of the checks and inspections, so that they can provide all the requisite help. To that end, officials of the competent Swiss authorities may participate in on-the-spot checks and inspections.
   3.   If the Swiss authorities concerned so wish, on-the-spot checks and inspections may be carried out jointly by the Commission and by them.
   4.   Where the participants in the MEDIA programme resist an on-the-spot check or inspection, the Swiss authorities, acting in accordance with national rules, shall give Commission inspectors such assistance as they need to allow them to discharge their duty of carrying out an on-the-spot check or inspection.
   5.   The Commission shall report as soon as possible to the Swiss Federal Audit Office any fact or suspicion relating to an irregularity which has come to its notice in the course of the on-the-spot check or inspection. In any event, the Commission shall be required to inform the abovementioned authority of the result of such checks and inspections.
   Article 4
   Information and consultation
   1.   For the purposes of proper implementation of this Annex, the competent Swiss and Community authorities shall regularly exchange information and, at the request of one of the Parties, shall conduct consultations.
   2.   The competent Swiss authorities shall inform the Commission without delay of any information which has come to their notice suggesting an irregularity in connection with the conclusion and implementation of contracts or agreements concluded to implement the instruments referred to in this Agreement.
   Article 5
   Confidentiality
   Information communicated or acquired in any form under this Annex shall be covered by professional secrecy and protected in the same way as similar information is protected by Swiss law and by the corresponding provisions applicable to the Community institutions. Such information may not be communicated to persons other than those in the Community institutions, in the Member States or in Switzerland whose functions require them to know it, nor may it be used for purposes other than to ensure effective protection of the Contracting Parties' financial interests.
   Article 6
   Administrative measures and penalties
   Without prejudice to application of Swiss criminal law, administrative measures and penalties may be imposed by the Commission in accordance with Regulation (EC, Euratom) No 1605/2002, Regulation (EC, Euratom) No 2342/2002 and Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities' financial interests.
   Article 7
   Recovery and enforcement
   Decisions taken by the Commission under the MEDIA programme within the scope of this Agreement which impose a pecuniary obligation on persons other than States shall be enforceable in Switzerland. The enforcement order shall be issued, without any checks other than verification of the authenticity of the act, by the authority designated by the Swiss government, which shall inform the Commission thereof. Enforcement shall take place in accordance with the Swiss rules of procedure. The legality of the enforcement decision shall be subject to control by the Court of Justice of the European Communities.
   Judgments given by the Court of Justice of the European Communities pursuant to an arbitration clause shall be enforceable on the same terms.
 ---documentbreak--- NA ---documentbreak---

               28.3.2006

               EN

               Official Journal of the European Union

               L 90/32

         FINAL ACT
   The plenipotentiaries:
   of the EUROPEAN COMMUNITY
   and
   of the SWISS CONFEDERATION,
   meeting at Luxembourg on 26 October 2004, for the signature of the Agreement between the European Community and the Swiss Confederation in the audiovisual field, establishing the terms and conditions for the participation of the Swiss Confederation in the Community programmes MEDIA Plus and MEDIA Training, have adopted the following joint declaration, which is attached to this Final Act:
   Joint Declaration by the Contracting parties on the development of a mutually beneficial dialogue on audiovisual policy.
   They have also noted the following declaration, which is attached to this Final Act:
   Declaration of the Council on Swiss participation in committees.

      Hecho en Luxemburgo, el veintiséis de octubre de dos mil cuatro.
      V Lucemburku dne dvacátého šestého října dva tisíce čtyři.
      Udfærdiget i Luxembourg den seksogtyvende oktober to tusind og fire.
      Geschehen zu Luxemburg am sechsundzwanzigsten Oktober zweitausendundvier.
      Kahe tuhande neljanda aasta oktoobrikuu kahekümne kuuendal päeval Luxembourgis.
      Έγινε στo Λουξεμβούργο, στις είκοσι έξι Οκτωβρίου δύο χιλιάδες τέσσερα.
      Done at Luxembourg on the twenty-sixth day of October in the year two thousand and four.
      Fait à Luxembourg, le vingt-six octobre deux mille quatre.
      Fatto a Lussemburgo, addì ventisei ottobre duemilaquattro.
      Luksemburgā, divi tūkstoši ceturtā gada divdesmit sestajā oktobrī.
      Priimta du tūkstančiai ketvirtų metų spalio dvidešimt šeštą dieną Liuksemburge.
      Kelt Luxembourgban, a kettőezer-negyedik év október havának huszonhatodik napján.
      Magħmula fil-Lussemburgu fis-sitta u għoxrin jum ta' Ottubru tas-sena elfejn u erbgħa.
      Gedaan te Luxemburg, de zesentwintigste oktober tweeduizendvier.
      Sporządzono w Luksemburgu, dnia dwudziestego szóstego października roku dwa tysiące czwartego.
      Feito no Luxemburgo, em vinte e seis de Outubro de dois mil e quatro.
      V Luxemburgu dvadsiateho šiesteho októbra dvetisícštyri.
      V Luxembourgu, dne šestindvajsetega oktobra leta dva tisoč štiri
      Tehty Luxemburgissa kahdentenakymmenentenäkuudentena päivänä lokakuuta vuonna kaksituhattaneljä.
      Som skedde i Luxemburg den tjugosjätte oktober tjugohundrafyra.

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

         Für die Schweizerische Eidgenossenschaft
         Pour la Confédération suisse
         Per la Confederazione svizzera

   JOINT DECLARATION
   by the contracting parties on the development of a mutually beneficial dialogue on audiovisual policy
   The two Parties declare that, with a view to ensuring the proper implementation of the Agreement and consolidating the spirit of cooperation in matters relating to audiovisual policy, the development of a dialogue on these subjects is a matter of mutual interest.
   The two Parties declare that this dialogue will take place both within the Joint Committee established under the Agreement and in other arenas, wherever appropriate and whenever necessary. The two Parties declare that, with this in mind, representatives of Switzerland may be invited to meetings held on the fringe of meetings of the ‘Contact Committee’ established by Directive 97/36/EC of the European Parliament and of the Council of 30 June 1997 amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities.
   DECLARATION OF THE COUNCIL
   on Swiss participation in committees
   The Council agrees that Switzerland's representatives shall, in so far as the items concern them, attend meetings of the MEDIA programme committees and expert groups as observers. These committees and expert groups shall meet without the Swiss representatives when voting.


title: 2014/427/EU: Decision of the European Central Bank of 6 February 2014 on the appointment of representatives of the European Central Bank to the Supervisory Board (ECB/2014/4)

text:
               3.7.2014

               EN

               Official Journal of the European Union

               L 196/38

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 6 February 2014
   on the appointment of representatives of the European Central Bank to the Supervisory Board

      (ECB/2014/4)

      (2014/427/EU)

   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (1), and in particular Article 26(1), (2) and (5) thereof,
   Having regard to Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (2), and in particular Article 13b.6. thereof,
   Whereas:

               (1)

               Pursuant to Article 26(5) of Regulation (EU) No 1024/2013, the Governing Council shall appoint four representatives of the European Central Bank (ECB) to the Supervisory Board, none of whom shall perform duties directly related to the monetary function of the ECB.

               (2)

               Pursuant to Article 26(2) of Regulation (EU) No 1024/2013, appointments of the ECB representatives to the Supervisory Board shall respect the principles of gender balance, experience and qualification.

               (3)

               It is necessary to complement Regulation (EU) No 1024/2013 in relation to the procedure for appointment of the four ECB representatives to the Supervisory Board, the conditions and procedure for their removal and the conditions applying to the persons appointed to such positions,

         HAS ADOPTED THIS DECISION:
   Article 1
   Appointment of ECB representatives to the Supervisory Board
   1.   The four ECB representatives shall be appointed to the Supervisory Board from among persons of recognised standing and experience in banking and financial matters.
   2.   Their term of office shall be five years and shall not be renewable. By way of derogation from this rule, the term of office of the first four ECB representatives shall be between three and five years for the initial appointment.
   3.   The terms and conditions of employment of the four ECB representatives, in particular their salary, pension and other social benefits, shall be the subject of a contract with the ECB, and shall be fixed by the Governing Council on a proposal from the Executive Board.
   4.   The ECB representatives shall perform their duties on either a full-time or a part-time basis, in accordance with the terms and conditions of their contracts with the ECB. They shall not be engaged in any occupation, whether gainful or not, unless authorised by the Governing Council. No authorisation can be given for activities which are liable to give rise, or may be perceived to give rise to, a conflict of interest with their positions as members of the Supervisory Board. In particular, they shall not perform any duty for a national competent authority as defined in Article 2 of Regulation (EU) No 1024/2013.
   5.   If an ECB representative on the Supervisory Board no longer fulfils the conditions required for the performance of his or her duties, or if he or she has been guilty of serious misconduct, the Governing Council may, on application of the Executive Board and after having heard him or her, decide to remove him or her from office.
   6.   Any vacancy for the position of an ECB representative on the Supervisory Board shall be filled by the appointment of a new representative in accordance with this Decision.
   Article 2
   Entry into force
   This Decision shall enter into force on 6 February 2014.

      Done at Frankfurt am Main, 6 February 2014.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 287, 29.10.2013, p. 63.

      (2)  OJ L 80, 18.3.2004, p. 33.


Avis juridique important

|

31994D0140

94/140/EC: Commission Decision of 23 February 1994 setting up an advisory committee for the coordination of fraud prevention

Official Journal L 061 , 04/03/1994 P. 0027 - 0028 Finnish special edition: Chapter 1 Volume 3 P. 0108  Swedish special edition: Chapter 1 Volume 3 P. 0108

COMMISSION DECISION of 23 February 1994 setting up an advisory committee for the coordination of fraud prevention (94/140/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community,  Whereas the sound management of Community finances requires that fraud against the Community budget be effectively opposed;  Whereas it falls primarily to the Member States to take specific measures to combat fraud; whereas this calls for close cooperation between Member States and the Commission;  Whereas Article 209a of the Treaty requires Member States to take the same measures to counter fraud affecting the financial interests of the Community as they take to counter fraud affecting their own financial interests; whereas to this end they must,  with the help of the Commission, coordinate the action they take to protect the financial interests of the Community and to counter fraud;  Whereas the Commission also has considerable responsibility arising from its general task of ensuring that the Community budget is properly implemented and that the Treaty provisions are applied;  Whereas it is therefore desirable that the Commission be advised by committee comprising representatives of the Member States which may be consulted on any matter relating to prevention, to cooperate between Member States and the Commission and to  prosecution of fraud and on any other matter relating to the legal protection of the financial interests of the Community;  Whereas the existing committees specialize in specific areas only; whereas these committees are not to be replaced; whereas it is nevertheless useful to have an overall view of the whole area of fraud against the Community budget; whereas a horizontal  committee therefore needs to be set up;  Whereas, since the committee is to be a horizontal one and Member States need to be represented at the appropriate level reflecting their own administrative structures, provision should be made for the committee to consist of two representatives for  each Member State,  HAS DECIDED AS FOLLOWS:   Article 1  An advisory committee for the coordination of fraud prevention (hereinafter referred to as 'the committee') is set up in the Commission.   Article 2  1. The Commission may consult the committee on any matter relating to the prevention and prosecution of fraud and irregularities, and on any matter relating to cooperation between Member States or between Member States and the Commission  which exceeds the powers of any sectoral committee in order to organize more effectively action to counter fraud.  The Commission may consult the committee on any matter relating to the legal protection of the financial interests of the Community.  2. Any member of the committee may ask the Commission that the committee be consulted on any matter falling within the terms of reference of the committee.   Article 3  1. The committee shall consist of two representatives for each Member State who may be assisted by two officials of the services concerned.  2. The committee shall be chaired by a representative of the Commission.  3. Working parties may be set up to facilitate the work of the committee.   Article 4  1. The Commission shall provide secretarial services for the committee.  2. The chairman may invite any person with special expertise relating to a particular item on the agenda to take part in the proceedings. Experts shall take part in discussions on those matters for which they have been invited only.  3. Representatives of the Commission departments concerned shall attend meetings of the committee.  4. The committee shall be convened by the Commission.   Article 5  1. The Committee shall consider requests for opinions made by the Commission. No vote shall be taken.  2. The Commission may, when it asks an opinion of the committee, specify a time by which the opinion is to be delivered.  3. Views expressed by the representatives of Member States shall be recorded in the minutes.   Article 6  Without prejudice to Article 214 of the Treaty, where the Commission informs the committee that an opinion requested or question asked relates to a confidential matter, participants shall be required not to divulge information obtained in the  course of the proceedings of the Committee or of working parties.   Article 7  This Decision shall take effect on 1 March 1994.  Done at Brussels, 23 February 1994.  For the Commission Peter SCHMIDHUBER Member of the Commission


title: 2011/900/EU: Council Decision of 19 December 2011 amending the Council’s Rules of Procedure

text:
               30.12.2011

               EN

               Official Journal of the European Union

               L 346/17

         COUNCIL DECISION
   of 19 December 2011
   amending the Council’s Rules of Procedure
   (2011/900/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Article 2(2) of Annex III to the Council’s Rules of Procedure (1),
   Whereas:

               (1)

               Article 3(3), first and fourth subparagraphs, of the Protocol (No 36) on transitional provisions annexed to the Treaties provides that, until 31 October 2014, when an act is to be adopted by the Council by a qualified majority, and if a member of the Council so requests, it must be verified that the Member States constituting the qualified majority represent at least 62 % of the total population of the Union calculated according to the population figures set out in Article 1 of Annex III to the Council’s Rules of Procedure (hereinafter ‘Rules of Procedure’).

               (2)

               Article 2(2) of Annex III to the Rules of Procedure provides that, with effect from 1 January each year, the Council, in accordance with the data available to the Statistical Office of the European Union on 30 September of the preceding year, must amend the figures set out in Article 1 of that Annex.

               (3)

               The Rules of Procedure should therefore be amended accordingly for 2012,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 1 of Annex III to the Rules of Procedure shall be replaced by the following:

      ‘Article 1
      For the purposes of implementing Article 16(5) of the TEU and Article 3(3) and (4) of the Protocol (No 36) on transitional provisions annexed to the Treaties, the total population of each Member State for the period from 1 January 2012 to 31 December 2012 shall be as follows:

                  Member State

                  Population
                  (× 1 000)

                  Germany

                  81 751,6

                  France

                  65 075,4

                  United Kingdom

                  62 435,7

                  Italy

                  60 626,4

                  Spain

                  46 152,9

                  Poland

                  38 200,0

                  Romania

                  21 413,8

                  Netherlands

                  16 655,8

                  Greece

                  11 325,9

                  Belgium

                  10 918,4

                  Portugal

                  10 637,0

                  Czech Republic

                  10 532,8

                  Hungary

                  9 985,7

                  Sweden

                  9 415,6

                  Austria

                  8 404,3

                  Bulgaria

                  7 504,9

                  Denmark

                  5 560,6

                  Slovakia

                  5 435,3

                  Finland

                  5 375,3

                  Ireland

                  4 480,9

                  Lithuania

                  3 244,6

                  Latvia

                  2 229,6

                  Slovenia

                  2 050,2

                  Estonia

                  1 340,2

                  Cyprus

                  804,4

                  Luxembourg

                  511,8

                  Malta

                  417,6

                  Total

                  502 486,7

                  Threshold (62 %)

                  311 541,8’

   Article 2
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2012.

      Done at Brussels, 19 December 2011.

            For the Council

            The President

         M. KOROLEC

      (1)  Council Decision 2009/937/EU of 1 December 2009 adopting the Council’s Rules of Procedure (OJ L 325, 11.12.2009, p. 35).


title: Decision (EU, Euratom) 2016/846 of the Representatives of the Governments of the Member States of 24 May 2016 appointing Judges to the General Court

text:
               28.5.2016

               EN

               Official Journal of the European Union

               L 141/76

         DECISION (EU, Euratom) 2016/846 OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
   of 24 May 2016
   appointing Judges to the General Court
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 19 thereof,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 254 and 255 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a(1) thereof,
   Whereas:

               (1)

               Article 48 of Protocol No 3 on the Statute of the Court of Justice of the European Union, as amended by Regulation (EU, Euratom) 2015/2422 of the European Parliament and of the Council (1), provides that the General Court consists of 40 Judges as from 25 December 2015. Article 2(a) of that Regulation determines the term of office of the 12 additional Judges in such a way that the end of their term of office corresponds to the partial replacements of the General Court which will take place on 1 September 2016 and 1 September 2019.

               (2)

               Ms Inga REINE, Mr Fredrik SCHALIN and Mr Peter George XUEREB have been nominated for the posts of additional Judges at the General Court.

               (3)

               The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on the suitability of Ms Inga REINE, Mr Fredrik SCHALIN and Mr Peter George XUEREB to perform the duties of Judges of the General Court,

         HAVE ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed Judges of the General Court for the period from the date of entry into force of this Decision to 31 August 2019:

               —

               Ms Inga REINE,

               —

               Mr Fredrik SCHALIN,

               —

               Mr Peter George XUEREB.

         Article 2
   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, 24 May 2016.

            The President

         P. DE GOOIJER

      (1)  Regulation (EU, Euratom) 2015/2422 of the European Parliament and of the Council of 16 December 2015 amending Protocol No 3 on the Statute of the Court of Justice of the European Union (OJ L 341, 24.12.2015, p. 14).


title: Decision (EU) 2017/1695 of the European Parliament of 27 April 2017 on the closure of the accounts of the European Railway Agency (now European Union Agency for Railways) for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/277

         DECISION (EU) 2017/1695 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on the closure of the accounts of the European Railway Agency (now European Union Agency for Railways) for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Railway Agency for the financial year 2015,

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Railway Agency for the financial year 2015, together with the Agency's reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2015 (05873/2017 — C8-0063/2017),

               —

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

               —

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

               —

               having regard to Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (4), and in particular Article 39 thereof,

               —

               having regard to Regulation (EU) 2016/796 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Railways and repealing Regulation (EC) No 881/2004 (5), and in particular Article 65 thereof,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A8-0128/2017),

               1.

               Approves the closure of the accounts of the European Railway Agency for the financial year 2015;

               2.

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

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 449, 1.12.2016, p. 151.

      (2)  See footnote 1.

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

      (4)  OJ L 164, 30.4.2004, p. 1.

      (5)  OJ L 138, 26.5.2016, p. 1.

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


title: Council Decision (EU) 2016/1716 of 20 September 2016 appointing two members and two alternate members, proposed by the Kingdom of Spain of the Committee of the Regions

text:
               24.9.2016

               EN

               Official Journal of the European Union

               L 258/15

         COUNCIL DECISION (EU) 2016/1716
   of 20 September 2016
   appointing two members and two alternate members, proposed by the Kingdom of Spain of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Spanish Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               Two members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Alberto FABRA PART and Ms Nuria MARÍN MARTÍNEZ.

               (3)

               Two alternate members' seats on the Committee of the Regions have become vacant following the end of the terms of office Mr Francisco Javier LEÓN DE LA RIVA and Mr Fernando MARTÍNEZ-MAILLO TORIBIO,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               (a)

               as members:

                           —

                           D. Juan ESPADAS CEJAS, Alcalde de Sevilla,

                           —

                           D. Antonio ROMÁN JASANADA, Alcalde de Guadalajara,

                     and

               (b)

               as alternate members:

                           —

                           D. Pedro Luis SANZ CARLAVILLA, Alcalde de Meco,

                           —

                           D. David PÉREZ GARCÍA, Alcalde de Alcorcón.

         Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 20 September 2016.

            For the Council

            The President

         I. KORČOK

      (1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

      (2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

      (3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).


title: Commission Decision (EU) 2015/320 of 27 January 2015 on SA.26547 (11/C) (ex- NN 49/10 and CP 241/2008) — Belgium — Foundation for the sustainable development of fisheries — Misuse of aid N 274/03 (notified under document C(2015) 321)  Text with EEA relevance

text:
               28.2.2015

               EN

               Official Journal of the European Union

               L 57/7

         COMMISSION DECISION (EU) 2015/320
   of 27 January 2015
   on SA.26547 (11/C) (ex- NN 49/10 and CP 241/2008) — Belgium — Foundation for the sustainable development of fisheries — Misuse of aid N 274/03

         (notified under document C(2015) 321)

   (Only the Dutch and French texts are authentic)
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union and in particular the first subparagraph of Article 108(2) thereof,
   Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
   Having called on interested parties to submit their comments pursuant to the provisions cited above (1) and having regard to their comments,
   Whereas:
   1.   PROCEDURE

               (1)

               On 26 June 2003, Belgium notified to the European Commission a State aid scheme aiming at the financing and establishment of the Stichting Duurzame Visserij Ontwikkeling (hereinafter SDVO), a non-profit organisation aiming at the sustainable development of fisheries in Belgium. The notified provisions relate to the financing of the SDVO and include SDVO's articles of association. The Commission subsequently approved the scheme on 16 December 2003 (2).

               (2)

               On 9 September 2008, the Commission received a complaint (registered as CP 241/2008), denouncing the misuse by SDVO of part of the aid paid under the scheme.

               (3)

               By letter dated 17 November 2008, the Commission requested clarification from the Belgian authorities. By letter dated 18 December 2008, the Belgian authorities asked for a deadline extension of one month, which was granted. By letter dated 16 January 2009, the Belgian authorities provided the Commission with information.

               (4)

               By letter dated 10 September 2009, the Belgian authorities transmitted to the Commission the annual report (2008) of the SDVO in accordance with Article 21 of Council Regulation (EC) No 659/1999 (3) (‘the Procedural Regulation’).

               (5)

               By letter dated 19 January 2010, the Commission requested further clarification from the Belgian authorities. By letter dated 18 February 2010, the Belgian authorities asked for a deadline extension, which was granted until 9 April 2010. By letter dated 12 April 2010, the Belgian authorities provided the Commission with information.

               (6)

               By letter dated 19 January 2010, the Commission asked the complainant whether he wanted to maintain his complaint given that the cvba Schelpdier en vis, a subsidiary created by SDVO, had ceased its activities.

               (7)

               By letter of 18 February 2010, the complainant indicated the reasons why it wished to maintain his complaint.

               (8)

               On 22 October 2010 the file was registered as an NN file.

               (9)

               By letter dated 23 March 2011, the Commission informed Belgium that it had decided to initiate the procedure laid down in Article 108(2) of the Treaty on the Functioning of the European Union in respect of the aid.

               (10)

               The Commission decision to initiate the procedure was published in the Official Journal of the European Union
                   (4). The Commission invited interested parties to submit their comments on the aid.

               (11)

               By letter dated 7 June 2011, the Commission received comments relating to the Decision to open the formal investigation procedure from the beneficiary of the scheme, transmitted by the Belgian authorities. The Commission did not receive any further comments from the complainant or from any other interested party.

         2.   DESCRIPTION

               (12)

               The original scheme was notified by letter dated 26 June 2003. It was registered under number N 274/03.

               (13)

               The scheme provided for a yearly payment of around EUR 2 million from State resources to SDVO in order to enable SDVO to work towards the sustainable development of fisheries through various actions or projects, in accordance with its articles of association.

               (14)

               The scheme is funded from national resources consisting of a portion of the advance tax payment (pay roll tax) by employers in the fishing sector.

               (15)

               The scheme was considered compatible with the internal market by the European Commission on the basis of Article 107(3)(c) TFEU, in particular due to the fact that the information provided in the notification as well as SDVO's articles of association showed that SDVO would engage in short-term projects of collective interest corresponding to the measures listed in Article 15 of Council Regulation (EC) No 2792/1999 (5).

         3.   THE COMPLAINT

               (16)

               According to the complainant, SDVO and the cvba Schelpdier en vis have used State aid, which was initially intended to help the fisheries sector as a whole, to launch a commercial aquaculture project relating to mussels, thereby distorting the competition on the market.

               (17)

               The complainant added that by being commercially active on the market and subsequently by establishing a commercial subsidiary, SDVO was acting contrary to its articles of association and in contradiction with its legal status of non-profit association.

               (18)

               To support his claim, the complainant pointed out that SDVO had developed a commercial brand, launched a large publicity campaign and had engaged in the sale of mussels. All of these activities and measures were seen as typical components of a commercial activity.

               (19)

               Concerning the distortion of competition, the complainant indicated that he had been experimenting with the cultivation of offshore mussels along the Belgian coast since 1994. The complainant had developed his own brand (the Belgica mussels). The harvest was sold for the first time in 2008.

               (20)

               The complainant concluded that since SDVO is disturbing competition on the market, it cannot be considered as acting in the collective interest of the fisheries and aquaculture sector.

               (21)

               Regarding the liquidation of the cvba Schelpdier en vis, the complainant indicated that in his view the distortion of competition had not ceased with the liquidation of SDVO's subsidiary given that SDVO remained active in the mussel business after the liquidation of the cvba Schelpdier en vis.

         4.   GROUNDS FOR INITIATING THE FORMAL INVESTIGATION PROCEDURE

               (22)

               In its decision to open the formal investigation procedure, the Commission manifests its doubts regarding the conformity with the articles of association notified to and approved by the Commission of some of the projects carried out by SVDO. The Commission thus suspects that SDVO has misused aid under the scheme.

               (23)

               The projects at stake are the following:

                           —

                           The mussel project: SDVO has launched an extensive publicity campaign for its mussels. Instead of organising the promotion of mussels in general, the publicity material is based around a particular commercial brand (Flanders Queen Mussel), targets a particular undertaking (SDVO) and contains several references to the geographic origin of the products (Flanders). Furthermore, it has expanded the mussel project, by acquiring and exploiting 87 additional cages, thus making a long-term investment.

                           —

                           Finding new stocks of shellfish: SDVO seems to have acted as promoter of an experimental fishing campaign aiming at identifying the presence of commercially exploitable shellfish stocks on the Belgian continental shelf.

                           —

                                 Dagverse Vis
                               promotion campaign: This campaign aims at strengthening the image of the Belgian fishery by promoting freshly caught popular, and less known species of fish, caught by inshore fishermen, to the general public. This action involves the participation of top chefs, who offer less well-known species of fish in their restaurants. It is hoped that if top chefs offer those fish sorts in their restaurants, the inshore fishermen will be able to get a reasonable price for these species of fish, so that every link in the fishing industry gets fair remuneration for its product.

               (24)

               Concerning the mussel project, the Commission considered that SDVO has acted in contravention with its articles of association (and thus the scheme) which explicitly indicate that SDVO will reinforce the image of the sea fishery but without targeting any particular firm and without referring to the geographical origin of the products and prohibit promotion measures based around commercial brand and/or referring to the geographic origin of the products. Furthermore, the Commission expressed its doubts that by exploiting 87 additional cages, SDVO has acted in conformity with its articles of association and Decision N 274/03, since it can hardly be viewed as a short-term action but rather corresponds to a long-term investment that is hard to reconcile with the concept of short-term action.

               (25)

               On the project consisting in finding new stocks of shellfish, the Commission observed that it is not listed amongst SDVO's missions in its articles of association. In particular, it does not seem to correspond to the missions described under the heading (c) ‘Improving the management of the living aquatic resources and the control on fisheries’. Indeed, finding new commercially exploitable stocks of shellfish does not correspond to the permanent monitoring of the quality and quantity of the living aquatic resources nor to the monitoring of the socioeconomic situation in the fisheries sector or to advising the government on the control on fishing effort. Identifying the presence of commercially exploitable shellfish stocks on the Belgian continental shelf does not seem to aim at the conservation of those stocks but rather at their exploitation.

               (26)

               Finally, on the
                     Dagverse vis

                  promotion campaign, the Commission noted that by praising the Belgian origin of the products (fish caught by the Belgian coastal fleet) in contrast to fish caught by foreign vessels, SDVO has made reference to the geographic origin of the products and has acted in contravention to its articles of association and to Decision N 274/03. Nevertheless, the Commission took note of the fact that the Dagverse vis campaign has been adapted and had already stopped making reference to the geographical origin of the products at the time of the adoption of the opening decision.

         5.   COMMENTS FROM INTERESTED PARTIES

               (27)

               In response to the publication in the Official Journal of the 2011 decision to open the formal investigation procedure, the Commission received observations from the beneficiary of the scheme, Stichting Duurzame Visserij Ontwikkeling (SDVO), transmitted by national authorities.

               (28)

               No additional comments were received from the complainant.

               (29)

               SDVO reiterated its position, as follows:

         5.1.   The mussels project

               (30)

               The mussel project was undertaken in two steps. In the first phase 13 prototype mussel cages, developed to meet the climatological and nautical requirements of the Belgian coast, were deployed. In a second phase an additional 87 mussel cages were deployed.

               (31)

               In order to assess whether the project was economically viable, it was necessary to go through the entire production and commercialisation process. The various steps of the process had effectively to be followed, including the promotional activities.

               (32)

               The publicity campaign was carried out in 2007, 2008 and 2009 and was, contrary to the arguments of the Commission, of a limited duration and extent.

               (33)

               This publicity campaign can be considered of general interest. It was always intended that, after the research stage, the project would be transferred to a cooperative opened to all, including the complainant.

               (34)

               It was the intention of the SDVO to develop the commercial brand Flanders Queen for the specific purposes of the project. The commercial brand was to be used only once. At the end of the project, the commercial name was to disappear. However, upon transfer of the project to the VSVC apparently the decision was made to continue sales of the mussels under this name.

               (35)

               The development of the project and the promotional campaign should not be considered as expenses in the course of a normal production process. The project went further than would have been done by a private undertaking as the associated costs would be very high. A private undertaking would simply not be prepared to make the investments needed merely to test out the best method to be applied or merely to identify areas suitable for the cultivation of mussels.

         5.2.   Finding of new shellfish stocks

               (36)

               SDVO is of the opinion that the finding of new shellfish stocks falls within the scope of its articles of association; as such activity is to be considered as control and conservation measures as defined by category (c) of its articles of association.

               (37)

               Additionally, the project is part of a conversion of the fishing fleet necessitated, among others, by the loss of fishing grounds as a result of the installation of offshore windmill parks.

         5.3.
         Dagverse Vis promotion campaign

               (38)

               SDVO pointed out that promotion campaign had been revised and the reference to geographical origin initially used had been taken out.

         6.   ASSESSMENT

   6.1.   The mussel project: development of a commercial name and publicity

               (39)

               As described above, SDVO launched an extensive publicity campaign for its mussels. Instead of organising the promotion of mussels in general, the publicity material is based around a particular commercial brand (Flanders Queen Mussel), targeting a particular undertaking (SDVO) and containing several references to the geographic origin of the products (i.e. Flanders).

               (40)

               In consequence thereof, SDVO has acted in contradiction with its articles of association (and thus the scheme) as these articles explicitly indicate that SDVO will reinforce the image of the sea fishery, but without targeting any particular firm and without referring to the geographical origin of the products and prohibit promotion measures based around commercial brand and/or referring to the geographic origin of the products. Furthermore, the SDVO has acted in contradiction with Decision N 274/03 which explicitly indicates that no geographical reference is permitted.

               (41)

               The Belgian authorities have claimed that the commercial brand was developed only for the pilot project. It would only be used once and thereafter be phased out and disappear at the completion of the project.

               (42)

               The Commission, however, observes that the commercial brand has remained in use also after the end of the pilot project. As a matter of fact, upon the transfer of the mussel project to the VSVC, the sale of the mussels continued under the name of Flanders Queen Mussel. Furthermore, the SDVO website provided information as to where Flanders Queen Mussel could be obtained.

               (43)

               The Commission also notes that SDVO organised a number of promotional and publicity events for the Flanders Queen Mussel during 2007, 2008 and 2009. The fact that these activities have taken place repeatedly during a number of years indicates that this was not a campaign that was small or temporary, and consequently cannot be considered as a limited promotion in time and scope. Moreover, part of the publicity activities (2008 and 2009) were in fact done after the studies commissioned in the framework of the pilot project had already been delivered. Indeed, the final report concerning the economic feasibility of the mussel project was delivered on 22 November 2007 and the results of the evaluation of the implementation of the marketing plan were presented on 21 February 2008.

               (44)

               In any event, the Commission notes that the prohibition to promote particular brands and make reference in publicity operations to the geographical origin of the products applies to all operations. Thus, even short-term projects (financed through public funds) are not allowed to aim at promoting particular brands or make references to geographical areas. The scheme and Decision N 274/03 do not foresee any exception to this rule and could not have foreseen such an exception, as it would have been contrary to the 2001 Fisheries Guidelines.

               (45)

               In addition, the Commission finds it unlikely that such an extensive publicity campaign can reasonably be considered as an action of collective interest in particular as it not to general but targeted on a specific commercial brand. This is even more so since there was a competing undertaking developing its own brand.

               (46)

               Finally, the development of a commercial name for a product that will be sold on the market and the launching of a publicity campaign correspond to expenditures which occur in the normal production process and were thus not allowed under the scheme.

               (47)

               For these reasons, the Commission considers that by developing the commercial name and launching the publicity and promotion campaign for the Flanders Queen Mussel, SDVO was acting outside the scope of its articles of association and Decision N 274/03.

               (48)

               For the above reasons, the Commission considers that SVDO has been misusing the aid authorised under the Scheme as far as the development of a commercial name and publicity is concerned.

         6.2.
         The mussel project: exploitation of 87 additional cages

               (49)

               The Commission is aware of the fact that the mussel project consists of different parts. As such, the first part of the project is not called into question whereas its concerns relate to the investments made after the completion of the pilot project. The Commission is of the opinion that by acquiring and exploiting the 87 additional mussel cages, SDVO did not act in conformity with its articles of association and Decision N 274/03.

               (50)

               The Belgian authorities are of the opinion that the exploitation of the additional 87 cages was a short-term operation with a focus on collective interest. Furthermore they argue that expanding the number of cages had a broader scope than operations normally undertaken by private businesses would have as a private business simply would not invest on such a large scale without knowing that the operation can be profitable on a large scale.

               (51)

               However, the Commission doubts that the acquisition and exploitation of 87 additional cages can be viewed as a short-term action.

               (52)

               First, the Commission find that the acquisition of 87 additional cages corresponds to a long-term investment that is hard to reconcile with the concept of short-term action.

               (53)

               Second, the Commission observes that SDVO does not seem to have conceived the acquisition of the 87 additional cages as a short-term action that would exclusively serve the purpose of making the study possible. SDVO has treated the acquisition of the cages as an investment and has looked for ways to have a return on the investment. Indeed, already in 2008 it had plans to continue the business through a newly established subsidiary. Also in 2009, when SDVO officially stopped selling the Flanders Queen Mussel, it actually continued, nonetheless, to exploit the 87 additional cages. As a matter of fact, it leased and rented its infrastructure and harvesting services to another company and thus carried out a commercial activity. The fact that a commercial subsidiary was established to exploit the mussels project seems to confirm that indeed there was no genuine intention on behalf of SDVO to simply deliver the results for the benefit of the sector.

               (54)

               In this context the Commission notes that the agreements concluded in 2009 between SDVO and VSVC contained provisions designed at protecting the commercial interests of VSVC (e.g. guarantee arrangement, provisions for the prevention of any conflict of interests between VSVC and other producers). Such types of arrangements and provisions would seem to confirm that the exploitation of the additional cages was a commercial activity and was not in the collective interest.

               (55)

               In the Commission's opinion, the 87 additional cages correspond to expenditures belonging to normal production. Indeed, the Commission believes that once the economic and biological feasibility of a product has been tested and confirmed, it belongs to the normal production and business development process of a firm to acquire and expand its production means.

               (56)

               The Commission does not agree with the Belgian authorities' argument, according to which no firm would invest in additional production means without having beforehand guarantees that the production on a larger scale will be profitable. In fact, firms do invest in production on a larger scale also in situations when no other firm has already tried to produce at the same scale. They rely on their past experience with producing at a smaller scale and on future forecasts. It is a principle of general economics that due to economies of scale, what is possible and profitable at a small scale is also possible and even more profitable at a larger scale since fixed costs will be spread over a larger quantity of products.

               (57)

               Finally, the Commission does not consider that, by expanding its production means, SDVO has undertaken an action in the interest of the sector. As there was already another operator established in this sector that had been developing a business on a real scale, the acquisition and exploitation of 87 additional cages indeed had a direct impact on the market and on competition. This is further demonstrated by the fact that the SDVO appeared as a competitor rather than an entity undertaking an experiment.

               (58)

               For the above reasons, the Commission considers that SVDO has been misusing the aid authorised under the Scheme as far as the exploitation of 87 additional cages is concerned.

         6.3.
         Dagverse vis promotion campaign

               (59)

               The Commission notes that by praising the Belgian origin of the products (fish caught by the Belgian coastal fleet) in contrast to fish caught by foreign vessels, SDVO has effectively made reference to the geographic origin of the products and has as such acted in contravention to its articles of association and to Decision N 274/03.

               (60)

               The Commission however takes note of the fact that the Dagverse vis campaign has been adapted and stopped making reference to the geographical origin of the products.

               (61)

               For the above reasons, the Commission considers that SVDO has been misusing the aid authorised under the Scheme as far as the promotion campaign making reference to the geographic origin is concerned.

         6.4.   Finding new stocks of shellfish

               (62)

               The Commission observes that finding new stocks of shellfish is not listed amongst SDVO's missions in its articles of association. In particular, it does not seem to correspond to the missions described under the heading (c) ‘Improving the management of the living aquatic resources and the control on fisheries’. Indeed, finding new commercially exploitable stocks of shellfish does not correspond to the permanent monitoring of the quality and quantity of the living aquatic resources nor to the monitoring of the socioeconomic situation in the fisheries sector or to advising the government on the control on fishing effort.

               (63)

               Consequently, the Commission considers that such measures do not belong to the type of measures approved by the Commission in its Decision N 274/03. This is neither a control nor a conservation measure. On the contrary, the measure aims at the commercial exploitation of the stocks to be found and eventually will result in an increased fishing effort.

               (64)

               The Commission notes, further, that the finding of new commercially exploitable stocks of shellfish could not have belonged to the measures approved by the Commission in its Decision N 274/03 because, according to Article 17 of Regulation (EC) No 2792/1999 to which the 2001 Fisheries Guidelines refer, experimental fishing can be supported by the FIFG (6) only when it aims at the conservation of fishery resources.

               (65)

               As already mentioned, identifying the presence of commercially exploitable shellfish stocks on the Belgian continental shelf does not seem to aim at the conservation of those stocks but rather at their exploitation.

               (66)

               Moreover, searching for new exploitable stocks corresponds to an operation normally undertaken by private businesses and expenditures relating to such an operation correspond to normal production costs and can thus not be financed under the scheme.

               (67)

               For the above reasons, the Commission considers that SVDO has been misusing the aid authorised under the Scheme as far as the initiative to find new stocks of shellfish is concerned.

         7.   CONCLUSION

               (68)

               The Commission finds that by engaging in projects mentioned under paragraphs 6.1 to 6.4, SDVO did not act in conformity with the articles of association notified to and approved by the Commission in its Decision of 16 December 2003. The Commission therefore considers that SDVO has misused part of the aid granted under the scheme.

               (69)

               In this context the Commissions wants to emphasise that it is long-established practice, in accordance with Article 107, to require recovery from the recipient of aid that has been misused. This practice is confirmed by Article 14 of the Procedural Regulation.

               (70)

               Belgium must therefore take all necessary measures to recover the misused aid from the beneficiary. Belgium should recover the entire amounts spent on the development of the projects mentioned in paragraphs 6.1 to 6.4. To that end, Belgium must require the beneficiary to repay the aid within four months from the date of notification of the Decision.

               (71)

               Article 14(2) of the Procedural Regulation states that the aid to be recovered pursuant to a recovery decision shall include interest at an appropriate rate fixed by the Commission. Interest shall be payable from the date on which the misused aid was at the disposal of the beneficiary until the date of its recovery.

               (72)

               The interest is to be calculated in conformity with Chapter V of Commission Regulation (EC) No 794/2004 (7). The Commission asks Belgium to require the beneficiary to repay the aid including interest within four months of this Decision as specified below.

               (73)

               The Commission asks Belgium to provide the information requested using the questionnaire attached in Annex I to this Decision, indicating clearly the measures planned and the measures already taken to obtain immediate and effective recovery of the misused State aid. Within two months of the Decision the Commission asks Belgium to submit all documents giving evidence that recovery proceedings have been initiated against the beneficiary of the misused aid, circulars, recovery orders, etc.,

         HAS ADOPTED THIS DECISION:
   Article 1
   By engaging into the projects consisting in the development of a commercial name and publicity, the exploitation of 87 additional cages, the Dagverse vis promotion campaign and the finding of new stocks of shellfish, SDVO did not act in conformity with Commission decision of 16 December 2003 on State aid N 274/03. Aid thus misused by the beneficiary is incompatible with the internal market.
   Article 2
   1.   Belgium shall recover from SDVO the misused aid concerning the projects consisting in the development of a commercial name and publicity, the exploitation of 87 additional cages, the Dagverse vis promotion campaign and the finding of new stocks of shellfish.
   2.   The sums to be recovered shall bear interest from the date on which they were put at the disposal of the recipients until their actual recovery.
   3.   The interest shall be calculated on a compound basis in accordance with Chapter V of Regulation (EC) No 794/2004 and Commission Regulation (EC) No 271/2008 (8) amending Regulation (EC) No 794/2004.
   Article 3
   1.   Recovery of the aid granted referred to in Article 1 shall be immediate and effective.
   2.   Belgium shall ensure that this Decision is implemented within four months following the date of notification of this Decision.
   Article 4
   1.   Within two months following notification of this Decision, Belgium shall submit the following information:

               (a)

               documentation relating to the aid referred to in Article 1 showing the total amount of aid related to the projects mentioned in Article 2. The information shall be provided using the questionnaire attached in Annex I to this Decision;

               (b)

               the total amount to be recovered (principal and interest);

               (c)

               a detailed description of the measures already taken or planned to comply with this decision;

               (d)

               documentation demonstrating that the recipient has been ordered to repay the aid.

         2.   Belgium shall keep the Commission informed of the progress of the national measures taken to implement this Decision until recovery of the aid referred to in Article 1 has been completed. It shall immediately submit, upon request by the Commission, information on the measures already taken and planned to comply with this Decision. It shall also provide detailed information concerning the amounts of aid and interest already recovered from the recipient.
   Article 5
   This Decision is addressed to the Kingdom of Belgium.

      Done at Brussels, 27 January 2015

            For the Commission

         Karmenu VELLA

            Member of the Commission

      (1)  OJ C 149, 20.5.2011, p. 10.

      (2)  OJ C 28, 31.1.2004, p. 3.

      (3)  Council Regulation (EC) No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 108 of the treaty on the functioning of the European Union (OJ L 83, 27.3.1999, p. 1).

      (4)  See footnote 1.

      (5)  Council Regulation (EC) No 2792/1999 of 17 December 1999 laying down the detailed rules and arrangements regarding Community structural assistance in the fisheries sector (OJ L 337, 30.12.1999, p. 10).

      (6)  Financial Instrument for Fisheries Guidance, see Council Regulation (EC) No 1263/1999 of 21 June 1999 on the Financial Instrument for Fisheries Guidance (OJ L 161, 26.6.1999, p. 54).

      (7)  Commission Regulation (EC) No 794/2004 of 21 April 2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (currently Article 108 TFEU) (OJ L 140, 30.4.2004, p. 1).

      (8)  Commission Regulation (EC) No 271/2008 of 30 January 2008 amending Regulation (EC) No 794/2004 implementing Council Regulation (EC) No 659/1999 laying down detailed rules for the application of Article 93 of the EC Treaty (OJ L 82, 25.3.2008, p. 1).