title: 2012/533/EU: Council Decision of 24 September 2012 on the position to be taken by the European Union within the Joint Committee set up by Article 11 of the Agreement between the European Union and Georgia on protection of geographical indications of agricultural products and foodstuffs, as regards the adoption of the rules of procedure of the Joint Committee

text:
               2.10.2012

               EN

               Official Journal of the European Union

               L 266/34

         COUNCIL DECISION
   of 24 September 2012
   on the position to be taken by the European Union within the Joint Committee set up by Article 11 of the Agreement between the European Union and Georgia on protection of geographical indications of agricultural products and foodstuffs, as regards the adoption of the rules of procedure of the Joint Committee
   (2012/533/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Agreement between the European Union and Georgia on protection of geographical indications of agricultural products and foodstuffs (1) (‘the Agreement’) entered into force on 1 April 2012.

               (2)

               Article 11 of the Agreement establishes a Joint Committee which shall, inter alia, ensure that the Agreement operates properly.

               (3)

               According to Article 11(2) of the Agreement, the Joint Committee determines its own rules of procedure.

               (4)

               The position of the Union within the Joint Committee as regards the adoption of the rules of procedure of that Joint Committee should be based on the attached draft Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted by the European Union within the Joint Committee set up by Article 11 of the Agreement between the European Union and Georgia on protection of geographical indications of agricultural products and foodstuffs, as regards the adoption of the rules of procedure of that Joint Committee, shall be based on the draft Decision of the Joint Committee, attached to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 24 September 2012.

            For the Council

            The President

         S. ALETRARIS

      (1)  OJ L 93, 30.3.2012, p. 3.

      DRAFT
      DECISION OF THE JOINT COMMITTEE
      of …
      on the adoption of its Rules of Procedure
      THE JOINT COMMITTEE,
      Having regard to the Agreement between the European Union and Georgia on protection of geographical indications of agricultural products and foodstuffs, and in particular Article 11 thereof,
      Whereas that Agreement entered into force on 1 April 2012,
      HAS ADOPTED THIS DECISION:
      Article 1
      Heads of Delegation
      1.   The European Union and Georgia (‘the Parties’), shall each appoint a Head of Delegation who shall be the contact person for all matters relating to the Committee.
      2.   Each Head of Delegation may delegate all or any of the functions of Head of Delegation to a nominated deputy, in which case all references hereafter to the Head of Delegation apply equally to the nominated deputy.
      Article 2
      Chair
      1.   The office of Chair of the Committee shall be held alternately, for a period of one calendar year, by the Head of Delegation of each Party.
      2.   The Chair shall be responsible for the secretarial duties of the Committee.
      Article 3
      Meetings
      1.   The Chair shall fix the date and venue or, in the case of meetings by electronic means, the technical arrangements, of meetings in agreement with the other Head of Delegation. The Chair and the other Head of Delegation shall, in agreeing the time and place of the meeting, observe the requirement to hold a meeting within 90 days.
      2.   Unless otherwise jointly agreed, the meetings of the Committee shall not be public.
      Article 4
      Correspondence
      1.   All correspondence to or for the Committee shall be sent to the Chair of the Committee. The latter shall send a copy of all correspondence relating to the Committee to the other Head of Delegation, to the Head of the Georgian Mission in Brussels and to the Head of the Delegation of the EU in Tbilisi.
      2.   Correspondence between the Chair and the other Head of Delegation may be by any written means, including electronic mail.
      Article 5
      Agendas for the meetings
      1.   The Chair shall draw up the draft agenda prior to a meeting. The draft agenda shall be sent to the other Head of Delegation no later than 20 working days before the start of the meeting. The draft agenda circulated by the Chair shall include any item covered by Article 11(3) of the Agreement, chosen by the Chair.
      2.   The Heads of Delegation may request additional items covered by Article 11(3) at least 10 working days before the start of the meeting, which the Chair must include on the draft agenda.
      3.   A final draft agenda shall be circulated to the other Head of Delegation by the Chair at least five working days before the start of the meeting.
      4.   The agenda shall be adopted by joint agreement by the Chair and the other Head of Delegation at the start of each meeting. An item other than those appearing on the draft agenda may be placed on the agenda if the Chair and other Head of Delegation so agree.
      Article 6
      Adoption of instruments
      1.   The decisions of the Committee within the meaning of Article 11(2) of the Agreement shall be addressed to the Parties and shall bear the signatures of the Chair and of the other Head of Delegation.
      2.   Either Party may decide to publish any decision adopted by the Committee.
      Article 7
      Written procedure
      1.   A decision of the Committee may be adopted by a written procedure where the Chair and the other Head of Delegation so agree.
      2.   The Head of Delegation proposing the use of the written procedure shall submit the draft decision to the other Head of Delegation. The other Head of Delegation shall reply, indicating whether he or she accepts or does not accept the draft, proposes any amendments, or requests further time for reflection. If the draft is adopted, it shall be finalised in accordance with Article 6(1).
      Article 8
      Minutes
      1.   The Chair shall draw up draft minutes of each meeting and submit them to the other Head of Delegation within 20 working days of the meeting. The draft minutes shall state the recommendations made and may also note any other conclusions reached. The other Head of Delegation shall agree to the draft, or submit proposed amendments. Once there is agreement on the draft minutes, two original copies shall be signed by the Chair and by the other Head of Delegation. An original copy of the minutes shall be kept by the Chair and one by the other Head of Delegation.
      2.   In the event there is no agreement on the minutes before the subsequent meeting is convened, the minutes shall record the draft drawn up by the Chair to which shall be annexed the proposed amendments submitted by the other Head of Delegation.
      Article 9
      Expenses
      Each Party shall bear the expenses it incurs in taking part in the meetings of the Committee.
      Article 10
      Confidentiality
      The deliberations of the Committee shall be confidential.


title: Council Decision (EU) 2016/1197 of 26 October 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Republic of Kiribati on the short-stay visa waiver

text:
               23.7.2016

               EN

               Official Journal of the European Union

               L 198/1

         COUNCIL DECISION (EU) 2016/1197
   of 26 October 2015
   on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Republic of Kiribati on the short-stay visa waiver
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with Article 218(5), thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Regulation (EU) No 509/2014 of the European Parliament and the Council (1) transferred the reference to the Republic of Kiribati from Annex I to Annex II of Council Regulation (EC) No 539/2001 (2).

               (2)

               That reference to the Republic of Kiribati is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union.

               (3)

               On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with the Republic of Kiribati for the conclusion of an agreement between the European Union and the Republic of Kiribati on the short-stay visa waiver (the ‘Agreement’).

               (4)

               Negotiations on the Agreement were opened on 17 December 2014 and were successfully finalised by the initialling thereof, by Exchange of Letters, on 6 May 2015 by the Republic of Kiribati and on 10 June 2015 by the Union.

               (5)

               The Agreement should be signed, and the declarations attached to the Agreement should be approved, on behalf of the Union. The Agreement should be applied on a provisional basis as from the day following the date of signature thereof, pending the completion of the procedures for its formal conclusion.

               (6)

               This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (7)

               This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the Agreement between the European Union and the Republic of Kiribati on the short-stay visa waiver (the ‘Agreement’) is hereby authorised, subject to the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The declarations attached to this Decision shall be approved on behalf of the Union.
   Article 3
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 4
   The Agreement shall be applied on a provisional basis as from the day following the date of signature thereof (5), pending the completion of the procedures for its conclusion.
   Article 5
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 26 October 2015.

            For the Council

            The President

         C. DIESCHBOURG

      (1)  Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 149, 20.5.2014, p. 67).

      (2)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

      (3)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

      (4)  Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

      (5)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


Avis juridique important

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32001D1122(01)

Council Decision of 8 November 2001 appointing the full members and alternate members of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions

Official Journal C 327 , 22/11/2001 P. 0001 - 0003

Council Decisionof 8 November 2001appointing the full members and alternate members of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions(2001/C 327/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions(1), as last amended by Regulation (EEC) No 1947/93(2), and in particular Article 6 thereof,Having regard to the lists of nominees submitted by the Governments of the Member States for Government representatives and forwarded by the Commission for representatives of workers' and employers' organisations,Whereas:(1) By its Decision of 19 October 1998(3) the Council appointed the full members and alternate members of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions for the period from 19 October 1998 to 18 October 2001.(2) The full members and alternates representing the Governments of the Member States and workers' and employers' organisations must be appointed for a three-year period.(3) It is for the Commission to appoint its own representatives on the Administrative Board,HAS DECIDED AS FOLLOWS:Article 1The following are hereby appointed full members and alternate members of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions for the period from 19 October 2001 to 18 October 2004.I. GOVERNMENT REPRESENTATIVES>TABLE>II. REPRESENTATIVES OF WORKERS' ORGANISATIONS>TABLE>III. REPRESENTATIVES OF EMPLOYERS' ORGANISATIONS>TABLE>Article 2The Council will appoint the members not yet nominated by Ireland at a later date.Article 3This Decision shall be published, for information, in the Official Journal of the European Communities.Done at Brussels on 8 November 2001.For the CouncilThe PresidentE. Boutmans(1) OJ L 139, 30.5.1975, p. 1.(2) OJ L 181, 23.7.1993, p. 13.(3) OJ C 336, 4.11.1998, p. 1.


title: Council Decision (EU) 2016/357 of 15 January 2016 on the position to be adopted by the European Union within the EU-the former Yugoslav Republic of Macedonia Stabilisation and Association Council on the participation of the former Yugoslav Republic of Macedonia as an observer in the European Union Agency for Fundamental Rights' work and the respective modalities thereof, within the framework set out in Articles 4 and 5 of Regulation (EC) No 168/2007, including provisions relating to participation in initiatives undertaken by the Agency, to the financial contribution and to staff

text:
               12.3.2016

               EN

               Official Journal of the European Union

               L 67/31

         COUNCIL DECISION (EU) 2016/357
   of 15 January 2016
   on the position to be adopted by the European Union within the EU-the former Yugoslav Republic of Macedonia Stabilisation and Association Council on the participation of the former Yugoslav Republic of Macedonia as an observer in the European Union Agency for Fundamental Rights' work and the respective modalities thereof, within the framework set out in Articles 4 and 5 of Regulation (EC) No 168/2007, including provisions relating to participation in initiatives undertaken by the Agency, to the financial contribution and to staff
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 352, in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Luxembourg European Council of December 1997 made participation in Union agencies a way of stepping up the pre-accession strategy. The conclusions of that European Council state that the Union ‘agencies in which applicant countries will be able to participate will be determined on a case-by-case basis’.

               (2)

               Council Regulation (EC) No 168/2007 (1) provides that the European Union Agency for Fundamental Rights (the ‘Agency’) is to be open to the participation of candidate countries within the framework set out in Articles 4 and 5 thereof.

               (3)

               The former Yugoslav Republic of Macedonia shares the aims and objectives of the Agency and subscribes to the scope and description of the tasks of the Agency, as provided for in Regulation (EC) No 168/2007.

               (4)

               The former Yugoslav Republic of Macedonia's ultimate objective is to become a member of the Union, and its participation in the Agency will help it achieve this objective,

         HAS ADOPTED THIS DECISION:
   Sole Article
   The position to be adopted by the European Union in the EU-the former Yugoslav Republic of Macedonia Stabilisation and Association Council on the participation of the former Yugoslav Republic of Macedonia as an observer in the European Union Agency for Fundamental Rights' work and the respective modalities thereof shall be based on the draft Decision of the EU-the former Yugoslav Republic of Macedonia Stabilisation and Association Council attached to this Decision.

      Done at Brussels, 15 January 2016.

            For the Council

            The President

         J.R.V.A. DIJSSELBLOEM

      (1)  Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (OJ L 53, 22.2.2007, p. 1).

      DRAFT
      DECISION No …./2016 OF THE EU-THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA STABILISATION AND ASSOCIATION COUNCIL
      of …
      on the participation of the former Yugoslav Republic of Macedonia as an observer in the European Union Agency for Fundamental Rights' work and the respective modalities thereof, within the framework set in Articles 4 and 5 of Council Regulation (EC) No 168/2007, including provisions relating to participation in initiatives undertaken by the Agency, to the financial contribution and to staff
      THE EU-THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA STABILISATION AND ASSOCIATION COUNCIL,
      Having regard the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part (1),
      Having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (2), and in particular Article 28(2) thereof,
      Whereas

                  (1)

                  The Luxembourg European Council of December 1997 made participation in Union agencies a way of stepping up the pre-accession strategy. The conclusions of that European Council state that the ‘agencies in which applicant countries will be able to participate will be determined on a case-by-case basis’.

                  (2)

                  The former Yugoslav Republic of Macedonia shares the aims and objectives of the European Union Agency for Fundamental Rights (the ‘Agency’) and subscribes to the scope and description of the tasks of the Agency, as provided for in Regulation (EC) No 168/2007.

                  (3)

                  It is appropriate to enable the participation of the former Yugoslav Republic of Macedonia as an observer in the Agency's work and to lay down the modalities of such participation including provisions relating to participation in initiatives undertaken by the Agency, to the financial contribution and to staff.

                  (4)

                  It is also appropriate that the Agency should deal with fundamental rights issues within the scope of Article 3(1) of Regulation (EC) No 168/2007 in the former Yugoslav Republic of Macedonia to the extent necessary for its gradual alignment to Union law.

                  (5)

                  In accordance with point (a) of Article 12(2) of the Conditions of Employment of Other Servants of the European Communities provided for in Council Regulation (EEC, Euratom, ECSC) No 259/68, the Director of the Agency may authorise the engagement of nationals of the former Yugoslav Republic of Macedonia enjoying their full rights as citizens,

            HAS ADOPTED THIS DECISION:
      Article 1
      The former Yugoslav Republic of Macedonia, as a candidate country, shall participate as an observer in the European Union Agency for Fundamental Rights set up by Regulation (EC) No 168/2007.
      Article 2
      1.   The Agency may deal with fundamental rights issues within the scope of Article 3(1) of Regulation (EC) No 168/2007 in the former Yugoslav Republic of Macedonia to the extent necessary for its gradual alignment to Union law.
      2.   To that end, the Agency will be able to carry out, in the former Yugoslav Republic of Macedonia, the tasks set out in Articles 4 and 5 of Regulation (EC) No 168/2007.
      Article 3
      The former Yugoslav Republic of Macedonia shall contribute financially to the activities of the Agency referred to in Article 4 of Regulation (EC) No 168/2007 in accordance with the Annex to this Decision.
      Article 4
      1.   The former Yugoslav Republic of Macedonia shall appoint persons complying with the criteria set out in Article 12(1) of Regulation (EC) No 168/2007 as observer and alternate observer. They may participate in the works of the Management Board on an equal footing with the members and alternate members appointed by Member States, but without a right to vote.
      2.   The former Yugoslav Republic of Macedonia shall nominate a government official as a National Liaison Officer, as referred to in Article 8(1) of Regulation (EC) No 168/2007.
      3.   Within four months of the entry into force of this Decision, the former Yugoslav Republic of Macedonia shall inform the European Commission of the names, qualifications and contact details of the persons referred to in paragraphs 1 and 2.
      Article 5
      The data supplied to or emanating from the Agency may be published and shall be made accessible to the public, provided that confidential information is afforded the same degree of protection in the former Yugoslav Republic of Macedonia as it is afforded within the Union.
      Article 6
      The Agency shall enjoy in the former Yugoslav Republic of Macedonia the same capacity as that accorded to legal entities under the former Yugoslav Republic of Macedonia's law.
      Article 7
      To enable the Agency and its staff to perform their tasks, the former Yugoslav Republic of Macedonia shall grant the privileges and immunities identical to those set out in Articles 1 to 4, 5, 6, 10 to 13, 15, 17 and 18 of Protocol No 7 on the privileges and immunities of the European Union, attached to the Treaty on European Union and to the Treaty on the Functioning of the European Union.
      Article 8
      The Parties shall each take any general or specific measures required to fulfil their obligations under this Decision and shall notify them to the Stabilisation and Association Council.
      Article 9
      This Decision shall enter into force on the first day of the second month following the date of its adoption.

         Done at …,

               For the Stabilisation and Association Council

               The President

         (1)  OJ L 84, 20.3.2004, p. 13.

         (2)  OJ L 53, 22.2.2007, p. 1.

         ANNEX

            FINANCIAL CONTRIBUTION OF THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA TO THE EUROPEAN UNION AGENCY FOR FUNDAMENTAL RIGHTS

                     1.

                     The financial contribution to be paid by the former Yugoslav Republic of Macedonia to the general budget of the European Union to participate in the European Union Agency for Fundamental Rights (the ‘Agency’), as laid down in point 2, represents the full cost of its participation therein.

                     2.

                     The financial contribution to be paid by the former Yugoslav Republic of Macedonia to the general budget of the European Union shall be as follows:

                                 Year 1:

                                 EUR 165 000

                                 Year 2:

                                 EUR 170 000

                                 Year 3:

                                 EUR 175 000

                     3.

                     The possible financial support from Union assistance programmes will be agreed separately according to the relevant Union programme.

                     4.

                     The contribution of the former Yugoslav Republic of Macedonia will be managed in accordance with the Financial Regulation (1) applicable to the general budget of the European Union.

                     5.

                     Travel costs and subsistence costs incurred by representatives and experts of the former Yugoslav Republic of Macedonia for the purposes of participating in the Agency's work or in meetings related to the implementation of the Agency's work program shall be reimbursed by the Agency on the same basis as, and in accordance with, the procedures currently in force for the Member States of the Union.

                     6.

                     After the entry into force of this Decision and at the beginning of each following year, the Commission will send to the former Yugoslav Republic of Macedonia a call for funds corresponding to its contribution to the Agency under this Decision. For the first calendar year of its participation, the former Yugoslav Republic of Macedonia will pay a contribution calculated from the date of participation to the end of the year on a pro rata basis. For the following years, the contribution will be in accordance with this Decision.

                     7.

                     This contribution shall be expressed in EUR and paid into a EUR bank account of the Commission.

                     8.

                     The former Yugoslav Republic of Macedonia will pay its contribution according to the call for funds, for its own part, at the latest within a period of 30 days after the call for funds is sent by the Commission.

                     9.

                     Any delay in the payment of the contribution shall give rise to the payment of interest by the former Yugoslav Republic of Macedonia on the outstanding amount as from the due date. The interest rate corresponds to the rate applied by the European Central Bank, on the due date, for its operations in EUR, increased by 1,5 percentage points.

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


Avis juridique important

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31979D1065

79/1065/EEC: Council Decision of 12 November 1979 on the conclusion of the International Olive Oil Agreement 1979

Official Journal L 327 , 24/12/1979 P. 0001 Greek special edition: Chapter 11 Volume 17 P. 0049  Spanish special edition: Chapter 03 Volume 17 P. 0031  Portuguese special edition Chapter 03 Volume 17 P. 0031

++++COUNCIL DECISION  OF 12 NOVEMBER 1979  ON THE CONCLUSION OF THE INTERNATIONAL OLIVE OIL AGREEMENT 1979   ( 79/1065/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 113 THEREOF ,  HAVING REGARD TO THE RECOMMENDATION FROM THE COMMISSION ,  WHEREAS THE INTERNATIONAL OLIVE OIL AGREEMENT 1979 IS CONCERNED IN GENERAL WITH THE PROMOTION OF INTERNATIONAL COOPERATION AND CONTRIBUTES TO THE ATTAINMENT OF THE OBJECTIVES OF THE COMMUNITY COMMERCIAL AND COMMON AGRICULTURAL POLICY ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE INTERNATIONAL OLIVE OIL AGREEMENT 1979 , IS HEREBY APPROVED ON BEHALF OF THE EUROPEAN ECONOMIC COMMUNITY ,  THE TEXT OF THE AGREEMENT IS ANNEXED TO THIS DECISION .  ARTICLE 2  THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO DESIGNATE THE PERSON EMPOWERED TO SIGN THE INTERNATIONAL OLIVE OIL AGREEMENT 1979 , IN ORDER TO BIND THE COMMUNITY .  ARTICLE 3  THIS DECISION IS PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  DONE AT BRUSSELS , 12 NOVEMBER 1979 .  FOR THE COUNCIL  THE PRESIDENT  J . GIBBONS


title: Decision (EU) 2016/21 of the European Central Bank of 23 December 2015 amending Decision ECB/2008/17 laying down the framework for joint Eurosystem procurement (ECB/2015/51)

text:
               9.1.2016

               EN

               Official Journal of the European Union

               L 6/5

         DECISION (EU) 2016/21 OF THE EUROPEAN CENTRAL BANK
   of 23 December 2015
   amending Decision ECB/2008/17 laying down the framework for joint Eurosystem procurement (ECB/2015/51)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 127 and 128 thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 12.1 in conjunction with Article 3.1 and Articles 5, 16 and 24 thereof,
   Whereas:

               (1)

               On 10 July 2014, the Governing Council decided to extend the mandate of the Eurosystem Procurement Coordination Office (EPCO) to 31 December 2019. On 7 January 2015, the Governing Council appointed the Banque centrale du Luxembourg to host EPCO for this period.

               (2)

               In addition to national central banks, the national authorities of the Member States, Union institutions and bodies, or international organisations may also have an interest in participating in EPCO's activities and its joint tender procedures. Such participation should take place under conditions decided by the Governing Council. Such conditions should be similar to the conditions applicable to the central banks.

               (3)

               On 13 November 2014, the Governing Council adopted a Guideline on the procurement of euro banknotes (1). In addition, Union procurement legislation was revised by Directive 2014/24/EU of the European Parliament and of the Council (2), which promotes the joint procurement of goods and services and the use of certain centralised purchasing techniques. The Governing Council seeks to benefit from the updated legislation by fostering participation in joint procurements.

               (4)

               The identification and assessment of potential cases for joint procurements is given priority within the list of EPCO tasks, and the withdrawal from joint procurements is subject to predefined deadlines.

               (5)

               To streamline EPCO's budgetary procedures and to support additional efforts in the context of leading joint procurements, on 7 January 2015, the Governing Council approved the use of a financial envelope to cover a multiyear budget. The Governing Council also modified procurement planning to make it more flexible whereby EPCO will prepare a rolling procurement plan that is subject to Governing Council approval each year.

               (6)

               The effectiveness and efficiency of EPCO should be evaluated before the end of its mandate.

               (7)

               Therefore, Decision ECB/2008/17 (3) should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Amendments to Decision ECB/2008/17
   Decision ECB/2008/17 is amended as follows:

               1.

               Article 2 paragraph 3 is replaced by the following:
               ‘3.   This Decision is without prejudice to Guideline (EU) 2015/280 of the European Central Bank (4).

                  (4)  Guideline (EU) 2015/280 of the European Central Bank of 13 November 2014 on the establishment of the Eurosystem Production and Procurement System (ECB/2014/44) (OJ L 47, 20.2.2015, p. 29).’;"

               2.

               in Article 3, paragraph 1 is replaced by the following:
               ‘1.   EPCO shall carry out all of the following basic tasks:

                           (a)

                           identify potential cases for joint procurement that fall within or outside the scope of this Decision on the basis of procurement needs that central banks address to EPCO;

                           (b)

                           prepare and update as necessary an annual procurement plan for joint tender procedures based on an assessment under point (a);

                           (c)

                           prepare common requirements in cooperation with the central banks participating in a joint tender procedure;

                           (d)

                           support the central banks in joint tender procedures;

                           (e)

                           support the central banks in procurement relating to common projects of the European System of Central Banks, if so requested by the central bank(s) leading the project;

                     EPCO may also carry out tasks other than those specified above, notably to facilitate the adoption of best procurement practices within the Eurosystem and to develop the infrastructure (e.g. skills, functional tools, information systems, processes) required for joint procurement.’;

               3.

               in Article 3, paragraph 4 is replaced by the following:
               ‘4.   The central banks shall finance EPCO's budget in accordance with the rules adopted by the Governing Council, which may be based on a financial envelope covering several years or an annual budget proposal, and may include incentives to promote leading joint procurement projects.’;

               4.

               in Article 3, paragraph 7 is replaced by the following:
               ‘7.   The EPCO Steering Committee shall conduct an effectiveness and efficiency evaluation of EPCO's activities in due course before the end of its mandate. Based on this evaluation, the Governing Council shall decide if it is necessary to conduct a selection procedure to choose a new hosting central bank.’;

               5.

               in Article 4, paragraph 2 is replaced by the following:
               ‘2.   After having identified a potential case for a joint procurement, EPCO shall invite the central banks to participate in a joint tender procedure. The central banks shall inform EPCO in good time whether they intend to participate in the joint tender procedure and, if so, communicate their business requirements to EPCO. Where publication of a contract notice is not required, a central bank may withdraw from participating in a joint procurement until it formally commits to participate. Where publication of a contract notice is required, a central bank may withdraw from participation at any time before publication of the contract notice.’;

               6.

               in Article 4, paragraph 3 is replaced by the following:
               ‘3.   Each year EPCO shall submit an updated procurement plan for joint tender procedures, including the names of the leading central banks, to the Governing Council for approval. The Governing Council shall make its decision on the procurement plan and its implementation following consultation with the EPCO Steering Committee.’;

               7.

               Article 5 is replaced by the following:
               ‘Article 5
               Participation of other institutions
               The Governing Council may invite the national central banks of the Member States that have not yet adopted the euro to participate in EPCO's activities and joint tender procedures under the same conditions as those applying to central banks of the Eurosystem. In addition, the Governing Council may invite national authorities of Member States, Union institutions and bodies, or international organisations to participate in EPCO's activities and joint tender procedures under the conditions laid down by the Governing Council in the invitation. Any such invitation shall be limited to the joint procurement of goods and services for fulfilling needs common to the central banks and the invited entities and the conditions shall be similar to those that apply to the central banks of the Eurosystem.’.

         Article 2
   Final provisions
   This Decision shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

      Done at Frankfurt am Main, 23 December 2015.

            The President of the ECB

         Mario DRAGHI

      (1)  Guideline (EU) 2015/280 of the European Central Bank of 13 November 2014 on the establishment of the Eurosystem Production and Procurement System (ECB/2014/44) (OJ L 47, 20.2.2015, p. 29).

      (2)  Directive 2014/24/EU of the European Parliament and of the Council of 26 February 2014 on public procurement and repealing Directive 2004/18/EC (OJ L 94, 28.3.2014, p. 65).

      (3)  Decision ECB/2008/17 of 17 November 2008 laying down the framework for joint Eurosystem procurement (OJ L 319, 29.11.2008, p. 76).


Avis juridique important

|

32001D0707

2001/707/EC: Commission Decision of 21 August 2001 amending Decision 1999/71/EC accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of hardboard originating in Bulgaria, Estonia, Latvia, Lithuania and Poland and terminating the proceeding without measures in respect of such imports originating in Brazil (notified under document number C(2001) 2576)

Official Journal L 261 , 29/09/2001 P. 0065 - 0066

Commission Decisionof 21 August 2001amending Decision 1999/71/EC accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of hardboard originating in Bulgaria, Estonia, Latvia, Lithuania and Poland and terminating the proceeding without measures in respect of such imports originating in Brazil(notified under document number C(2001) 2576)(2001/707/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 2238/2000(2), and in particular Article 8 thereof,After consulting the Advisory Committee,Whereas:A. PREVIOUS PROCEDURE(1) On 7 November 1997, by means of a notice published in the Official Journal of the European Communities(3), the Commission announced the initiation of an anti-dumping proceeding in respect of imports of hardboard originating, inter alia, in Latvia.(2) The proceeding resulted in anti-dumping duties being imposed by Council Regulation (EC) No 194/1999(4) in January 1999 in order to eliminate the injurious effects of dumping.(3) In parallel, by Decision 1999/71/EC(5), the Commission also accepted an undertaking from, inter alia, one Latvian company (AS "Bolderâja", TARIC additional code 8499 ), and imports of hardboard originating in Latvia exported to the Community by this company were exempted from the anti-dumping duty by Article 2(1) and (3) of Regulation (EC) No 194/1999.B. VOLUNTARY WITHDRAWAL OF AN UNDERTAKING(4) Following changes in its trading activities, AS "Bolderâja" advised the Commission that it wished to withdraw its undertaking. Accordingly, the name of this company should be deleted as soon as possible from the list of companies from which undertakings are accepted in Article 1(1) of Decision 1999/71/EC.C. AMENDMENT OF DECISION 1999/71/EC(5) In view of the above, the list of companies from which undertakings are accepted in Decision 1999/71/EC should be amended accordingly.(6) The Advisory Committee has been consulted on the above change and has raised no objections,HAS DECIDED AS FOLLOWS:Article 1Article 1(1) of Decision 1999/71/EC is replaced by the following: "1. The undertakings offered by the producers mentioned below, in the framework of the anti-dumping proceedings concerning imports of hardboard into the Community of hardboard originating in Bulgaria, Estonia, Lithuania and Poland are hereby accepted:>TABLE>"Article 2This Decision shall enter into force on the day following its publication in the Official Journal of the European Communities.Done at Brussels, 21 August 2001.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 257, 11.10.2000, p. 2.(3) OJ C 336, 7.11.1997, p. 2.(4) OJ L 22, 29.1.1999, p. 16.(5) OJ L 22, 29.1.1999, p. 71.


title: Decision of the Representatives of the Governments of the Member States of the European Coal and Steel Community, meeting in Council of 17 November 1975 opening tariff preferences for certain steel products originating in developing countries

text:
29. 11 . 75                               Official Journal of the European Communities                                     169
                                                              DECISION
                   OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER
               STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING IN
                                                             COUNCIL
                                                       of 17 November 1975
               opening tariff preferences for certain steel products originating in developing countries
                                                           (75/695/ECSC)
 THE REPRESENTATIVES OF THE GOVERNMENTS                              from customs duties under such arrangements shall
 OF THE MEMBER STATES OF THE EUROPEAN                                 not be charged against the aforementioned ceiling.
 COAL AND STEEL COMMUNITY, MEETING IN
 COUNCIL,
                                                                     4. Subject to Article 2, within each ceiling thus
                                                                      calculated, charges of products originating in any
                                                                      one of the countries or territories listed in Annex B
 In agreement with the Commission,                                    should not exceed a maximum amount equivalent to
                                                                      50% of this ceiling, except for the specific cases
                                                                      indicated in Annex A.
 HAVE DECIDED AS FOLLOWS :
                                                                      5 . Any amendment to Annex B, in particular by
                                                                      the addition of new countries or territories enjoying
                            Article 1
                                                                      tariff preferences, may entail a corresponding
                                                                      adjustment to the ceilings and maximum amounts
 1 . From 1 January to 31 December 1976 the duties                    referred to in paragraphs 3 and 4.
 applicable in the Community to the imports of the
 products listed in Annex A shall be completely
 suspended, subject to the provisions of Article 2.                                            Article 2
 2. This suspension shall be enjoyed solely by                         1 . As soon as the ceilings calculated in accordance
 products originating in the countries and territories                with the provisions of Article 1 (3) which are laid
  listed in Annex B. For the purposes of the application               down for Community imports of products originating
  of this Decision the concept of originating products                in all of the countries and territories referred to in
  shall be determined in accordance with the procedure                 Article 1 (2) are reached at Community level, the
  laid down in Article 14 of Council Regulation (EEC)                  Member States may at any time, at the request of
  No 802/68 (*) of 27 June 1968 on the common                          any one of them or of the Commission and in respect
  definition of the concept of the origin of goods.                    of the whole of the Community, re-introduce the
                                                                       levying of the corresponding duties on imports of
                                                                       the products in question from all the countries and
  3 . Subject to Article 2, this suspension shall be                   territories concerned until the end of the period
  granted within 105% of a ceiling which shall be                      referred to in Article 1 ( 1 ).
  equal to the amount obtained, in respect of each
  category of products, by adding together, in units                   2. As soon as the maximum amounts calculated in
   of account, the value for 1971 of cif imports of the                accordance with the provisions of Article 1 (4) which
   products concerned to the Community from the                        are laid down for the Community imports of prod
   countries and territories enjoying these arrangements,              ucts originating in each of the countries and territories
   excluding those already enjoying various preferential               referred to in Article 1 (2) and (3) are reached for
   tariff arrangements granted by the nine Member                       any one of these countries or territories at Commu
   States of the Community, and 5% of the value of cif                 nity level, the Member States may at any time, at
   imports in 1972 from other countries and from the                    the request of any of them and in respect of the
   countries and territories already enjoying such                      whole of the Community, re-introduce the levying
   arrangements. Imports already enjoying exemption                     of the corresponding duties on imports of the
                                                                        products in question from the country or territory
                                                                        concerned until the end of the period referred to in
   (J ) OJ No L 148, 28 . 6. 1968, p. 1 .                               Article 1 ( 1 ).
 ---pagebreak--- 170                                 Official Journal of the European Communities                            29. 11 . 75
                       Article 3                                                      Article 4
                                                               Member States, in close cooperation with the Com
1 . Imports of the said goods shall be actually                mission, shall take all necessary measures to ensure
charged against the ceilings and maximum amounts               that the above provisions are applied.
as and when they are entered for home use, on the
basis of the customs value of the said goods, and are                                 Article 5
accompanied by a certificate of origin in accordance
with the rules referred to in Article 1 (2).                   Member States shall inform       the   Commission     at
                                                               regular intervals of imports of the products in
                                                               question actually charged against the ceilings and
 2. Goods may be charged against a ceiling or maxi            maximum amounts laid down in Article 1 (3 ) and (4).
mum amount only if the certificate of origin
mentioned in paragraph 1 is presented before the                                      Article 6
date on which the levying of duties is re-introduced.
                                                               The Member States shall take all measures necessary
                                                               for the implementation of this Decision.
3 . The extent to which ceilings and maximum
amounts have been used up shall be recorded at                 Done at Brussels, 17 November 1975.
Community level on the . basis of imports charged
in the manner laid down in paragraphs 1 and 2.                                                      The President
                                                                                E. COLOMBO
 ---pagebreak--- 29. 11 . 75                                 Official Journal of the European Communities                                       171
                                                                    ANNEX A
                                                                                i
            List of products in respect of which the Common Customs Tariff duties are completely suspended
                    under the generalized tariff preferences granted to developing countries and territories
                   CCT
                 heading                                                  Description
                    No
                 73.07             Blooms, billets, slabs and sheet bars (including tinplate bars), of iron or steel ;
                                   pieces roughly shaped by forging, of iron or steel :
                                   A. Blooms and billets :
                                        I. Rolled
                                   B. Slabs and sheet bars (including tinplate bars) :
                                        I. Rolled
                 73.09             Universal plates of iron or steel
                 73.11 (*)         Angles, shapes and sections, of iron or steel, hot-rolled, forged , extruded, cold
                                    formed or cold-finished ; sheet piling of iron or steel, whether or not drilled,
                                   punched or made from assembled elements :
                                   A. Angles, shapes and sections :
                                            I. Not further worked than hot-rolled or extruded
                                         IV. Clad or surface-worked (for example, polished, coated):
                                               a) Not further worked than clad :
                                                  1 . Hot-rolled or extruded
                                   B. Sheet piling
                 73.12             Hoop and strip , of iron or steel, hot-rolled or cold-rolled :
                                   A. Not further worked than hot-rolled
                                   B. Not further worked than cold-rolled :
                                            I. In coils for the manufacture of tinplate
                                   C. Clad , coated or otherwise surface-treated :
                                        III . Tinned :
                                               a) Tinplate
                                          V. Other (for example, copper-plated, artificially oxidized , lacquered,
                                               nickel-plated, varnished, clad, parkerized, printed):
                                               a) Not further worked than clad :
                                                  1 . Hot-rolled
            (*) For the products covered by heading No 73.11 and with respect to Yugoslavia, the maximum amount referred to in
                Article 1 (4) has been lowered to 529 800 u.a.
 ---pagebreak--- 172               Official Journal of the European Communities                                   29. 11 . 75
     CCT
    heading                                       Description
      No
    73.15   Alloy steel and high carbon steel in the forms mentioned in heading Nos 73.06
            to 73.14 :
            A. High carbon steel :
                  I. Ingots, blooms, billets, slabs and sheet bars :
                     b) Other :
                         2. Blooms, billets, slabs and sheet bars
                III. Coils for re-rolling
                IV. Universal plates
                 V. Bars and rods (including wire rod) and hollow mining drill steel ; angles,
                     shapes and sections :
                     b) Not further worked than hot-rolled or extruded
                     d) Clad or surface-worked (for example, polished, coated):
                          1 . Not further worked than clad :
                                aa) Hot-rolled or extruded
                 VI. Hoop and strip :
                      a) Not further worked than hot-rolled
                      c) Clad, coated or otherwise surface-treated :
                          1 . Not further worked than clad :
                                aa) Hot-rolled
                VII. Sheets and plates :
                      a) Not further worked than hot-rolled
                      b) Not further worked than cold-rolled, of a thickness of :
                          2 . Less than 3 mm
                      c) Polished, clad, coated or otherwise surface-treated
                      d) Otherwise shaped or worked :
                           1 . Cut into shapes other than rectangular shapes , but not further
                                worked
             B. Alloy steel :
                   1. Ingots, blooms, billets, slabs and sheet bars :
                      b) Other :
                           2. Blooms, billets , slabs and sheet bars
                 III. Coils for re-rolling
                 IV. Universal plates
                  V. Bars and rods (including wire rod) and hollow mining drill steel ; angles ,
                       shapes and sections :
                       b) Not further worked than hot-rolled or extruded
                       d) Clad or surface-worked (for example, polished , coated):
                            1 . Not further worked than clad :
                                 aa) Hot-rolled or extruded
                 VI. Hoop and strip :
                       a) Not further worked than hot-rolled
                       c) Clad , coated or otherwise surface-treated :
                            1 . Not further worked than clad :
                                 aa) Hot-rolled
                 VII. Sheets and plates :
                       a) 'Electrical' sheets and plates
 ---pagebreak--- 29. 11 . 75                  Official Journal of the European Communities                                  173
              CCT
             heading                                       Description
               No
             73.15             b) Other sheets and plates :
            (cont'd)              1 . Not further worked than hot-rolled
                                  2. Not further worked than cold-rolled, of a thickness of :
                                      bb) Less than 3 mm
                                  3 . Polished , clad , coated or otherwise surface-treated
                                  4. Otherwise shaped or worked :
                                       aa) Cut into, shapes other than rectangular shapes, but not
                                           further worked
            73 . 16  Railway and tramway track construction material of iron or steel, the following :
                     rails, check-rails, switch blades, crossings (or frogs), crossing pieces, point rods,
                     rack rails, sleepers, fish-plates, chairs, chair-wedges, sole plates (base plates),
                     rail clips, bedplates, ties, and other material specialized for joining or fixing
                     rails :
                     A. Rails :
                         II. Other
                     B. Check-rails
                     C. Sleepers
                     D. Fish-plates and sole plates :
                         I. Rolled
 ---pagebreak--- 174                                Official Journal of the European Communities                              29. 11 . 75
                                                       ANNEX B
                    List of developing countries and territories enjoying generalized tariff preferences
                                             INDEPENDENT COUNTRIES
Afghanistan                              Haiti                                      Qatar
Algeria                                   Honduras                                  Rwanda
Argentina                                India                                      Saudi Arabia
Bahamas                                  Indonesia                                  Senegal
Bahrain                                   Iran                                      Sierra Leone
Bangladesh                                Iraq                                      Singapore
Barbados                                  Ivory Coast                               Somalia
Bhutan                                    Jamaica                                   Sri Lanka
Bolivia                                   Jordan                                    Sudan
Botswana                                  Kenya                                     Surinam
 Brazil                                   Khmer Republic                            Swaziland
 Burma                                    Korea (South)                             Syria
 Burundi                                  Kuwait                                    Tanzania
 Cameroon                                 Laos                                      Thailand
 Cape Verde Islands                       Lebanon                                   Togo
 Central African Republic                 Lesotho                                   Tonga
 Chad                                     Liberia                                   Trinidad and Tobago
 Chile                                    Libya                                     Tunisia
 Colombia                                 Malagasy Republic                         Uganda
 Congo, People's Republic of              Malawi                                    United Arab Emirates :
 Costa Rica                               Malaysia                                       Abu Dhabi
 Cuba                                     Maldive Islands                                Dubai
 Cyprus                                   Mali                                           Ras al Khaimah
 Dahomey                                  Mauritania                                     Fujairah
 Dominican Republic                       Mauritius                                      Ajman
 Ecuador                                  Mexico                                         Sharjah
 Egypt, Arab Republic of                  Morocco                                        Ummal Qaiwain
 El Salvador                              Nauru                                     Upper Volta
 Equatorial Guinea                        Nepal                                     Uruguay
 Ethiopia                                 Nicaragua                                 Venezuela
 Fiji                                     Niger                                      Vietnam, Republic of
 Gabon                                    Nigeria                                   Western Samoa
 Gambia                                   Oman                                      Yemen, People's Democratic
 Ghana                                    Pakistan                                  Republic of
 Grenada                                  Panama                                     Yemen Arab Republic
 Guatemala                                Papua New Guinea                           Yugoslavia
 Guinea                                   Paraguay                                   Zaire
 Guinea Bissau                            Peru                                       Zambia
 Guyana                                   Philippines
 ---pagebreak--- 29. 11 . 75                             Official Journal of the European Communities                                           175
                                                    COUNTRIES AND TERRITORIES
            dependent or administered, or for whose external relations Member States of the Community
                                         or third countries are wholly or partly responsible
            Afars and Issas (Territory of the)
            Angola (including Cabinda)
            Australian Antarctic Territory
            Belize
            Bermuda
            British Antarctic Territory
            British Indian Ocean Territory (Aldabra, Farquhar, Chagos Archipelago, Desroches)
            British Pacific Ocean (*)
            Brunei
            Cayman Islands and Dependencies
            Christmas Island
            Cocos (Keeling) Islands
            Comoro Archipelago
            Corn Islands and Swan Islands
            Falkland Islands and Dependencies
            French Polynesia
            French Southern and Antarctic Territories
            Gibraltar
            Heard Island and McDonald Islands
            Hong Kong
            Leeward Islands (*)
            Macao
            Mozambique
            Netherlands Antilles
            New Caledonia and Dependencies
            Norfolk Island
            Pacific Islands administered by the United States of America or under United States trusteeship (*)
            Portuguese Timor
            St Helena (including Ascension, Gough Island, and Tristan da Cunha)
            Saint Pierre and Miquelon
            Sao Tome and Principe
            Seychelles (including Amirantes)
            Sikkim
            Spanish territories in Africa
            Territories for which New Zealand is responsible (Cook Islands, Niue Island, Tokelau Islands
                and Ross Dependency)
            Turks and Caicos Islands
            Virgin Islands of the United States (St Croix, St Thomas, St John, etc.)
            Wallis and Futuna Islands
            Windward Islands (4)
            Note: The above lists may be amended subsequently to take account of changes in the inter
                     national status of countries or territories.
             O Gilbert Islands, Tuvalu, British Solomon Islands, New Hebrides, Condominium, and Pitcairn Islands.
            (*) Antigua, Montserrat, St Kitts-Nevis-Anguilla, British Virgin Islands.
            (') The Pacific Islands administered by the United States of America include: Guam, American Samoa (including
                Swain's Island), Midway Islands, Johnston and Sand Islands, Wake Island and the Trust Territory of the Pacific
                Islands (the Caroline, Marianas and Marshall Islands).
            (4) Dominica, St Lucia, St Vincent.


title: 2006/442/EC: Decision No 207 of  7 April 2006  concerning the interpretation of Article 76 and Article 79(3) of Regulation (EEC) No 1408/71 and of Article 10(1) of Regulation (EEC) No 574/72 relating to the overlapping of family benefits and allowances (Text of relevance to the EEA and to the EU/Switzerland Agreement)

text:
               29.6.2006

               EN

               Official Journal of the European Union

               L 175/83

      DECISION No 207
   of 7 April 2006
   concerning the interpretation of Article 76 and Article 79(3) of Regulation (EEC) No 1408/71 and of Article 10(1) of Regulation (EEC) No 574/72 relating to the overlapping of family benefits and allowances
   (Text of relevance to the EEA and to the EU/Switzerland Agreement)
   (2006/442/EC)
   THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,
   Having regard to Article 81(a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (1), under the terms of which it is responsible for dealing with any administrative question arising from Regulation (EEC) No 1408/71 and subsequent Regulations,
   Having regard to Articles 76 and 79(3) of the said Regulation and to Article 10(1) of Council Regulation (EEC) No 574/72 (2),
   Whereas:

               (1)

               It is essential to know the scope of family benefits or family allowances payable ‘by reason of carrying on an occupation’ or ‘by virtue of the pursuit of a professional or trade activity’ found in Article 76 and Article 79(3) of Regulation (EEC) No 1408/71.

               (2)

               Where family benefits are payable to two different persons in the course of the same period for the same member of the family under the legislation of one State and also under the legislation of the State in the territory of which the members of the family are residing, entitlement to family benefits or family allowances under the legislation of the first State shall be suspended, up to the amount of family benefits provided by the legislation of the latter State, under Article 76 of Regulation (EEC) No 1408/71 if the family benefits are payable ‘by reason of carrying on an occupation’ under the legislation of the latter State. Article 79(3) of Regulation (EEC) No 1408/71 contains a similar provision concerning benefits for pensioners and orphans.

               (3)

               Article 76 and Article 79(3) of Regulation (EEC) No 1408/71 do not distinguish between benefits or allowances payable by reason of a non-salaried occupation or professional or trade activity and those payable by reason of a salaried occupation or professional or trade activity.

               (4)

               Furthermore, the legislations of certain Member States provide that periods of suspension or interruption of actual occupation or professional or trade activity by reason of holidays, unemployment, temporary incapacity for work, strikes or lock-outs, shall be treated either as periods of occupation or professional or trade activity for the acquisition of entitlement to family benefits or family allowances or shall be regarded as periods of inactivity giving rise, where appropriate, either per se or as the result of a preceding occupation or professional or trade activity, to the payment of family benefits or family allowances.

               (5)

               In order to avoid any uncertainties or differences in interpretation, it is essential to define the scope of the expressions ‘carrying on an occupation’ and ‘pursuit of a professional or trade activity’.

               (6)

               It is also essential to know the scope of the term ‘professional or trade activity’ as referred to in Article 10(1) of Regulation (EEC) No 574/72.

               (7)

               If family benefits or allowances are payable to two different persons in the course of the same period for the same member of the family under the legislation of one State and also under the legislation of another State according to which the acquisition of the right to benefits is not subject to conditions governing insurance, employment or self-employment, entitlement to family benefits under the legislation of the first State shall be suspended, up to the sum of family benefits provided for by the legislation of the latter State, under Article 10(1)(b)(i) of Regulation (EEC) No 574/72 where a professional or trade activity is carried out in the latter State. Article 10(1)(b)(ii) of Regulation (EEC) No 574/72 contains a similar provision concerning benefits for pensioners and orphans.

               (8)

               In the matter of overlapping of family benefits or allowances, the purpose of Article 10(1) is to impart to the pursuit of a professional or trade activity in a Member State where entitlement to family benefits or allowances does not result from the pursuit of such activity the same effect as in Member States where this entitlement does arise from the pursuit of such activity. Articles 76 and 79(3) of Regulation (EEC) No 1408/71 and Article 10(1) of Regulation (EEC) No 574/72 should be interpreted in the same way.

               (9)

               In a case where a worker's status of active employment was suspended due to this person's unpaid leave following the birth of a child and for the purpose of bringing up this child, the Court of Justice of the European Communities referred to Article 73 of Regulation (EEC) No 1408/71 in conjunction with Article 13(2)(a) of Regulation (EEC) No 1408/71 (3). Such unpaid leave must therefore also be qualified as carrying out an occupation or professional or trade activity for the purposes of Articles 76 and 79(3) of Regulation (EEC) No 1408/71 and as well as for the purposes of Article 10(1) of Regulation (EEC) No 574/72. In this context the Court reiterated that the above mentioned provisions can only apply for as long as the person concerned has the status of an employed or self-employed person within the meaning of Article 1(a) of Regulation (EEC) No 1408/71 which requires that the person concerned is covered in at least one branch of social security. This excludes persons on unpaid leave who are no longer covered by any social security scheme of the relevant Member State.

               (10)

               There can only be a non-exhaustive list of cases where during a period of leave a person is deemed to be exercising an occupation or a professional or trade activity, due to the variety of systems for unpaid leave in Member States and ongoing changes in national legislation. Therefore it is not appropriate to define all the cases in which such unpaid leave is equivalent to an occupation or professional or trade activity and those where the necessary close link to the gainful activity does not exist.
               After deliberation in the light of the conditions laid down in Article 80(3) of Regulation (EEC) No 1408/71,

         HAS DECIDED AS FOLLOWS:

               1.

               For the purposes of Article 76 and Article 79(3) of Regulation (EEC) No 1408/71, family benefits or family allowances shall be regarded as payable ‘by reason of carrying on an occupation’ or ‘by virtue of the pursuit of a professional or trade activity’ in particular:

                           (a)

                           by the actual carrying on of an occupation or the pursuit of a professional or trade activity whether salaried or not; and also

                           (b)

                           in the course of any period of temporary suspension of such occupation or professional or trade activity

                                       (i)

                                       as a result of sickness, maternity, accident at work, occupational disease or unemployment, as long as wages or benefits, excluding pensions, are payable in respect of these contingencies; or

                                       (ii)

                                       during paid leave, strike or lock-out; or

                                       (iii)

                                       during unpaid leave for the purpose of child-raising, as long as this leave is deemed equivalent to such occupation or professional or trade activity in accordance with the relevant legislation.

               2.

               For the purposes of Article 10(1) of Regulation (EEC) No 574/72 there shall be regarded as ‘carrying out a professional or trade activity’ in particular:

                           (a)

                           the actual exercise of any professional or trade activity, whether salaried or not; and also

                           (b)

                           the temporary suspension of such professional or trade activity

                                       (i)

                                       as a result of sickness, maternity, accident at work, occupational disease or unemployment, as long as wages or benefits, excluding pensions, are payable in respect of these contingencies; or

                                       (ii)

                                       during paid leave, strike or lock-out; or

                                       (iii)

                                       during unpaid leave for the purpose of child-raising, as long as this leave is deemed equivalent to such professional or trade activity in accordance with the relevant legislation.

               3.

               This Decision shall replace Decision No 119 of 24 February 1983. It shall enter into force on the first day following its publication in the Official Journal of the European Union.

            The Chairman of the Administrative Commission

         Bernhard SPIEGEL

      (1)  OJ L 149, 5.7.1971, p. 2. Regulation last amended by Regulation (EC) No 629/2006 of the European Parliament and of the Council (OJ L 114, 27.4.2006, p. 1).

      (2)  OJ L 74, 27.3.1972, p. 1. Regulation last amended by Regulation (EC) No 629/2006.

      (3)  Judgment of 7 June 2005 in case C-543/03, ‘Dodl and Oberhollenzer/Tiroler Gebietskrankenkasse’.


Avis juridique important

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31999D0360

1999/360/EC: Council Decision of 25 May 1999 appointing a member of the Committee of the Regions

Official Journal L 140 , 03/06/1999 P. 0027 - 0027

COUNCIL DECISIONof 25 May 1999appointing a member of the Committee of the Regions(1999/360/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,Having regard to the Council Decision of 26 January 1998(1) appointing members and alternate members of the Committee of the Regions,Whereas a seat as a member of the Committee has become vacant following the resignation of Mr Oskar Lafontaine, of which the Council was notified on 26 March 1999;Having regard to the proposal from the German Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr Reinhard Klimmt is hereby appointed a member of the Committee of the Regions in palce of Mr Oskar Lafontaine for the remainder of his term of office, which expires on 25 January 2002.Done at Brussels, 25 May 1999.For the CouncilThe PresidentH. EICHEL(1) OJ L 28, 4.2.1998, p. 19.


title: Council Decision 2012/711/CFSP of 19 November 2012 on support for Union activities in order to promote, among third countries, the control of arms exports and the principles and criteria of Common Position 2008/944/CFSP

text:
               20.11.2012

               EN

               Official Journal of the European Union

               L 321/62

         COUNCIL DECISION 2012/711/CFSP
   of 19 November 2012
   on support for Union activities in order to promote, among third countries, the control of arms exports and the principles and criteria of Common Position 2008/944/CFSP
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 26(2) and 31(1) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               The European Security Strategy adopted by Heads of State and Government on 12 December 2003 outlines five key challenges to be addressed by the Union in the post-Cold War environment: terrorism, the proliferation of weapons of mass destruction, regional conflicts, State failure, and organised crime. The consequences of the uncontrolled circulation of conventional weapons are central to four of these five challenges. The Strategy underlines the importance of export controls to contain proliferation.

               (2)

               On 5 June 1998, the Union adopted a politically binding Code of Conduct on Arms Exports, setting common criteria to regulate the legal trade in conventional weapons. The Code was regularly updated.

               (3)

               The EU Strategy to combat illicit accumulation and trafficking of small arms and light weapons (SALW) and their ammunition, adopted by the European Council on 15 and 16 December 2005, provides that the Union, at regional and international levels, supports the strengthening of export controls and the promotion of the criteria of the Code of Conduct on Arms Exports by, inter alia, helping third countries to draft relevant national legislation and promoting measures to improve transparency.

               (4)

               The Code of Conduct on Arms Exports was replaced on 8 December 2008 by the legally binding Council Common Position 2008/944/CFSP (1) which provides for common rules governing control of exports of military technology and equipment. Common Position 2008/944/CFSP establishes eight criteria against which applications for export of conventional arms are to be assessed. It also includes a notification and consultation mechanism for arms exports denials, and transparency measures such as the yearly publication of an EU annual report on arms exports.

               (5)

               In accordance with Article 7 of Common Position 2008/944/CFSP and in order to maximise the effectiveness of the Common Position, Member States have agreed to work within the framework of the Common Foreign and Security Policy (CFSP) to reinforce their cooperation and to promote their convergence in the field of exports of military technology and equipment. The principles and criteria of Common Position 2008/944/CFSP have been officially supported by several third countries.

               (6)

               Article 11 of Common Position 2008/944/CFSP states that Member States have to use their best endeavours to encourage other arms exporting States to apply the criteria contained in that Common Position.

               (7)

               The Union and its Member States are bound by confidentiality in their information exchange on arms export policy, in particular with beneficiary third countries.

               (8)

               On 6 December 2006, the United Nations (UN) General Assembly, with the support of all Member States of the European Union, adopted Resolution 61/89, entitled ‘Towards an arms trade treaty: establishing common international standards for the import, export and transfer of conventional arms’, thereby formally starting the UN process for the negotiation of an Arms Trade Treaty.

               (9)

               On 12 January 2010, the UN General Assembly, with the support of all Member States of the European Union, adopted Resolution 64/48, entitled ‘The Arms Trade Treaty’, convening the UN Conference on the Arms Trade Treaty to sit for four consecutive weeks in 2012 to elaborate a legally binding instrument on the highest possible common international standards for the transfer of conventional arms.

               (10)

               While the UN Conference on the Arms Trade Treaty of July 2012 did not agree on a final text of the Treaty, it nonetheless achieved considerable progress as reflected in the draft of the Treaty text presented by the President of the Conference on 26 July 2012. The Union fully supports the swift completion of negotiations in early 2013 through the convening of a final shorter UN Conference on the Arms Trade Treaty, under the same rules as those followed in the first Conference, to conclude negotiations on the Treaty on the basis of the President’s draft text of 26 July 2012.

               (11)

               The Council adopted, in 2005, 2006, 2007, 2010 and 2012, conclusions in support of the negotiation of an Arms Trade Treaty, underlining the importance of cooperation in this process with other States and regional organisations.

               (12)

               On 17 March 2008, the Council adopted Joint Action 2008/230/CFSP on support for EU activities in order to promote the control of arms exports and the principles and criteria of the EU Code of Conduct on Arms Exports among third countries (2). In the framework of the Joint Action, a series of four regional seminars was organised for countries in South Eastern Europe, Eastern Europe and Southern Caucasus, and North Africa.

               (13)

               On 22 December 2009, the Council adopted Decision 2009/1012/CFSP on support for EU activities in order to promote the control of arms exports and the principles and criteria of Common Position 2008/944/CFSP among third countries (3). In the framework of Decision 2009/1012/CFSP, a series of five regional seminars was organised for countries in South Eastern Europe, Eastern Europe and Southern Caucasus, and North Africa. Decision 2009/1012/CFSP also provided for the organisation of four study visits for EU candidate countries, hosted by Member States.

               (14)

               Over the past years, the Union has been providing assistance to improve export controls of dual-use goods in third countries, in the framework of projects undertaken under EU financial instruments other than the CFSP budget.

               (15)

               The German Federal Office of Economics and Export Control (hereinafter ‘BAFA’) had been entrusted by the Council with the technical implementation of Decision 2009/1012/CFSP and successfully completed the organisation of all activities foreseen therein in January 2012. BAFA has also been identified as the implementing agency of EU-funded projects on export controls on dual-use goods under the Instrument for Stability. Against this background, the selection of BAFA as the implementing agency of further Union activities in the field of export controls is justified by its proven experience, qualifications and necessary expertise related to the implementation of relevant acquis of the Union and its promotion vis-à-vis third countries and will enhance the continuity and overall coherence of Union assistance in this field,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   For the purpose of promoting peace and security and in line with the European Security Strategy, the Union shall pursue the following objectives:

               (a)

               to promote improved controls on arms exports by third countries in accordance with the principles set out in Common Position 2008/944/CFSP, and seek complementarity and synergies with Union assistance projects in the field of export controls on dual-use goods;

               (b)

               to support third countries’ efforts at national and regional levels to render trade in conventional weapons more responsible and transparent.

         2.   The Union shall pursue the objectives referred to in paragraph 1 through the following project activities:

               (a)

               continuing to promote, among third countries, the criteria and principles of Common Position 2008/944/CFSP, based on the achievements reached through the implementation of Decision 2009/1012/CFSP and Joint Action 2008/230/CFSP;

               (b)

               assisting third countries in drafting, updating, and implementing, as appropriate, relevant legislative and administrative measures aiming at establishing an effective system of conventional arms export controls;

               (c)

               assisting countries in the training of licensing and enforcement officers to ensure adequate implementation and enforcement of arms export controls;

               (d)

               promoting transparency and responsibility in international arms trade, including through support to national and regional measures to promote transparency and appropriate scrutiny in the exports of conventional weapons;

               (e)

               encouraging third countries to support the elaboration and implementation of a legally binding Arms Trade Treaty establishing international common standards for the global trade in conventional arms.

         A detailed description of the project activities referred to in this paragraph is set out in the Annex.
   Article 2
   1.   The High Representative of the Union for Foreign Affairs and Security Policy (hereinafter ‘High Representative’), shall be responsible for the implementation of this Decision.
   2.   The technical implementation of the project activities referred to in Article 1(2) shall be carried out by BAFA.
   3.   BAFA shall perform its tasks under the responsibility of the High Representative. For this purpose, the High Representative shall enter into necessary arrangements with BAFA.
   Article 3
   1.   The financial reference amount for the implementation of the project activities referred to in Article 1(2) shall be EUR 1 860 000.
   2.   The expenditure financed by the amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the Union’s budget.
   3.   The Commission shall supervise the proper management of the financial reference amount referred to in paragraph 1. For this purpose, it shall conclude a financing agreement with BAFA. The agreement shall stipulate that BAFA is to ensure the visibility of the Union contribution, appropriate to its size.
   4.   The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the financing agreement.
   Article 4
   The High Representative shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by BAFA. These reports shall form the basis for the evaluation carried out by the Council. The Commission shall report on the financial aspects of the implementation of the project activities as referred to in Article 1(2).
   Article 5
   This Decision shall enter into force on the date of its adoption.
   It shall expire 24 months after the date of conclusion of the financing agreement referred to in Article 3(3), or six months after the date of its adoption if no financing agreement has been concluded within that period.

      Done at Brussels, 19 November 2012.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 335, 13.12.2008, p. 99.

      (2)  OJ L 75, 18.3.2008, p. 81.

      (3)  OJ L 348, 29.12.2009, p. 16.

      ANNEX

         PROJECT ACTIVITIES REFERRED TO IN ARTICLE 1(2)

      1.   Objectives

      The objectives of this Decision are to promote improved controls on arms exports by third countries and to support third countries’ efforts at national and regional level to render international trade in conventional weapons more responsible and transparent. These objectives shall be pursued in accordance with the principles set in Common Position 2008/944/CFSP and seeking complementarity and synergies with Union’s assistance projects in the field of export controls on dual-use goods.
      In order to achieve the abovementioned objectives, the Union shall continue to promote the principles and criteria of Common Position 2008/944/CFSP, building on the achievements reached through the implementation of Decision 2009/1012/CFSP and Joint Action 2008/230/CFSP. For this purpose, assistance shall be provided to third countries to draft, update and implement, as appropriate, relevant legislative and administrative measures aiming at establishing an effective system of conventional arms export controls. Support should also be given to the training of licensing and enforcement officers in third countries responsible for the implementation and enforcement of arms export controls, and to national and regional measures to promote transparency and appropriate scrutiny in the exports of conventional weapons.
      The objective of rendering international trade in conventional weapons more responsible and transparent will also be pursued through the promotion, vis-à-vis third countries, of the elaboration and implementation of a legally binding Arms Trade Treaty, establishing common international standards for the global trade in conventional arms.
      2.   Description of project activities

      2.1.   Project objective

      To provide technical assistance to a number of interested third countries which have demonstrated a willingness to improve their standards and practices in the field of the control of exports of military technology and equipment, and to align their standards and practices to those agreed and applied by Member States, and laid down in Common Position 2008/944/CFSP and the accompanying User’s Guide.
      2.2.   Project description

      2.2.1.   Regional workshops

      The project will take the form of up to eight two-day workshops for third countries’ state officials, providing training in relevant areas of conventional arms export controls. Participants in the seminar would include third countries’ state officials, such as customs and enforcement officers, officers from relevant ministries and enforcing agencies, representatives from national parliaments, and industry and civil society representatives. Training will be imparted by experts from Member States’ national administrations, representatives of countries that have aligned themselves with Common Position 2008/944/CFSP, officials of relevant Union institutions, representative of the private sector and civil society.
      The workshops may take place in a beneficiary country or in another location to be determined in consultation with the Council Working Group on Conventional Arms Exports (COARM) and the High Representative.
      The regional workshops will be organised for the following countries:

                  (a)

                  up to 3 workshops for the countries in South Eastern Europe;

                  (b)

                  up to 3 workshops for the Eastern European and Caucasian countries of the European Neighbourhood Policy;

                  (c)

                  up to 2 workshops for the North African Mediterranean countries of the European Neighbourhood Policy.

            2.2.2.   Staff exchanges

      The project will take the form of a up to of six study visits of government, customs and/or licensing officials to the relevant authorities of Member States and a maximum of eight up to one-month study visits of government and/or licensing officials from Member States to the relevant authorities of beneficiary countries.
      2.2.3.   Individual assistance to beneficiary countries

      The project will take the form of up to ten two-day workshops for individual beneficiary countries to which state officials, including government, licensing and enforcement officials from beneficiary countries, will be invited. These events will preferably take place in beneficiary countries and expertise will be imparted by experts from Member States.
      2.2.4.   Web-portal to enhance arms export controls in third countries

      The project will consist of the development of a web-portal accessible to Member States and third countries’ officials to promote arms export controls in line with the principles and parameters of Common Position 2008/944/CFSP. The Portal will provide beneficiary states with permanent access to technical resources for implementing and enhancing their arms export controls and will facilitate the sharing of relevant information on other Union outreach activities foreseen by this Decision with officials of beneficiary countries that could not directly participate in assistance and outreach activities. It will also provide technical and detailed information on export controls systems in Member States and beneficiary countries to be used as supporting material during assistance activities under this Decision.
      The web-portal will be also complemented by a range of activities to enhance the visibility of Union outreach and promote alignment with Common Position 2008/944/CFSP. Such activities will include the publication of regular newsletters and appropriate media campaign.
      2.2.5.   Assessment events

      In order to provide a mid-term and final evaluation of the activities under this Decision, with the joint participation of beneficiary countries and Member States, up to two two-day events will be organised in Brussels, in the margins of meetings of the COARM. Up to two representatives of each beneficiary country in charge of arms export control may be invited to attend these meetings.
      3.   Coordination with other union assistance projects in the field of export controls

      Based on the experience of previous Union outreach activities in the field of exports controls covering both dual-use goods and conventional arms, maximum synergy and complementarity should be sought in the provision of assistance to third countries, to ensure that Union activities are as effective and coherent as possible. To this end, the possibility should be retained to organise some of the activities referred to in points 2.2.1 to 2.2.4 in conjunction with other activities on dual-use good export controls, financed through Union financial instruments other than CFSP budget. This shall be done in full respect of the legal and financial limitations set for the use of relevant Union financial instruments.
      4.   Beneficiaries

      Beneficiaries of project activities shall include state officials, industry and civil society representatives from the following countries:

                  (i)

                  South Eastern European countries (Albania, Bosnia and Herzegovina, Croatia, the fYROM, Montenegro and Serbia);

                  (ii)

                  North African Mediterranean countries of the European Neighbourhood Policy (Algeria, Egypt, Libya, Morocco and Tunisia);

                  (iii)

                  Eastern European and Caucasian countries of the European Neighbourhood Policy (Armenia, Azerbaijan, Belarus, Georgia, Republic of Moldova and Ukraine).

            Specific beneficiary countries for each type of activities provided for in this Council Decision will be selected on the basis of, inter alia, the following criteria:

                  —

                  commitment of third country to improve its conventional arms export controls and bring them in line with Union standards;

                  —

                  relevance of the third country to the global arms trade;

                  —

                  impact of previous Union assistance on national system of conventional arms export of the third country and expected long-term and sustainable impact of further assistance.

            The COARM may, upon a proposal from the High Representative, decide to modify the list of beneficiary countries based on appropriate justification.
      5.   Impact assessment

      The impact of this Decision should be technically assessed upon completion of the last activities foreseen therein. The impact assessment will be carried out by the High Representative, in cooperation with relevant Council Working Groups and, as appropriate, with the Union Delegations in beneficiary countries and with other relevant stakeholders.
      6.   Duration

      The total estimated duration of the project will be 24 months.
      7.   Technical implementing entity

      The technical implementation of this Decision will be entrusted to BAFA which will perform its tasks under the responsibility of the High Representative.
      8.   Reporting

      BAFA will prepare regular reports, including after the completion of each of the activities. The reports should be submitted to the High Representative no later than six weeks after the completion of relevant activities.
      9.   Estimated total cost of the project and union financial contribution

      The total cost of the project is EUR 1 860 000.