title: Council Decision (EU) 2016/202 of 12 February 2016 establishing the position to be taken on behalf of the European Union within the EPA Committee set up by the interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, regarding the adoption of its Rules of Procedure

text:
               16.2.2016

               EN

               Official Journal of the European Union

               L 39/28

         COUNCIL DECISION (EU) 2016/202
   of 12 February 2016
   establishing the position to be taken on behalf of the European Union within the EPA Committee set up by the interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, regarding the adoption of its Rules of Procedure
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union,
   Having regard to the Treaty on the Functioning of the European Union, in particular Articles 207 and 209, in conjunction with Article 218(9) thereof,
   Having regard to Council Decision 2009/152/EC on the signature and provisional application of the interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part (1),
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The interim Agreement with a view to an Economic Partnership Agreement (EPA) between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, (hereinafter referred to as ‘the Agreement’) was signed on 15 January 2009 and has been provisionally applied since 4 August 2014.

               (2)

               Article 92 of the Agreement establishes an EPA Committee, which is to be responsible for the administration of the Agreement and for the completion of all tasks referred to therein.

               (3)

               Article 92 of the Agreement specifies that the Parties are to agree on the composition, organisation and functioning of the EPA Committee.

               (4)

               The European Union should determine the position to be taken with regard to the adoption of the Rules of Procedure of the EPA Committee,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken on behalf of the European Union within the EPA Committee set up by the interim Agreement for an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, regarding the adoption of its Rules of Procedure, shall be based on the draft Decision of the EPA Committee annexed to this Decision.
   Minor amendments to the draft Decision, which involve no change of substance, shall be authorised without a new decision by the Council.
   Article 2
   After its adoption, the Decision of the EPA Committee shall be published in the Official Journal of the European Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 12 February 2016.

            For the Council

            The President

         J.R.V.A. DIJSSELBLOEM

      (1)  OJ L 57, 28.2.2009, p. 1.

      DRAFT
      DECISION No …/2015 OF THE EPA COMMITTEE
      set up by the interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part,
      of …
      regarding the adoption of the Rules of Procedure of the EPA Committee
      THE EPA COMMITTEE,
      Having regard to the interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part, (the ‘Agreement’), signed in Brussels on 15 January 2009, and provisionally applied since 4 August 2014, in particular Article 92 thereof,
      Whereas:

                  (1)

                  Under the terms of the Agreement and this Decision, the Central Africa Party is composed of the Republic of Cameroon,

                  (2)

                  The Agreement lays down that the Parties are to agree on the composition, organisation and functioning of the EPA Committee,

            HAS ADOPTED THIS DECISION:
      Article 1
      The Rules of Procedure of the EPA Committee are established as set out in the Annex.
      Those Rules of Procedure are established without prejudice to any special rules provided for in the Agreement or which may be decided by the EPA Committee.
      Article 2
      This Decision shall enter into force upon its signature.

         Done at …,

               For the Republic of Cameroon

               For the European Union

      ANNEX

         RULES OF PROCEDURE OF THE EPA COMMITTEE

         set up by the interim Agreement with a view to an Economic Partnership Agreement between the European Community and its Member States, of the one part, and the Central Africa Party, of the other part

      CHAPTER I
      GENERAL PROVISIONS
      Article 1
      Tasks of the EPA Committee
      The EPA Committee shall be responsible for the administration of all the areas covered by the Agreement and for the completion of all tasks referred to in the Agreement.
      The EPA Committee shall in particular:

                  (1)

                  In the area of trade:

                              (a)

                              monitor and ensure the implementation and appropriate application of the Agreement; to this end it shall examine and recommend the priority areas for cooperation;

                              (b)

                              assess the results achieved under the Agreement and make any necessary improvements to the Agreement;

                              (c)

                              carry out any measure aimed at avoiding disputes and/or resolving disputes resulting from an interpretation or application of the Agreement;

                              (d)

                              monitor the development of regional integration and economic and trade relations between the Parties;

                              (e)

                              monitor and assess the impact of the implementation of the Agreement on the sustainable development of the Parties;

                              (f)

                              discuss and undertake any measures which may promote trade, investment and business opportunities between the Parties;

                              (g)

                              discuss all subjects arising from the Agreement and any other subject likely to compromise the pursuit of its objectives.

                  (2)

                  In the area of development cooperation:

                              (a)

                              ensure application of the development cooperation provisions falling within the scope of the Agreement;

                              (b)

                              monitor and coordinate with the other partners the implementation of the development cooperation provisions laid down in the Agreement;

                              (c)

                              keep under periodic review the development priorities set out in the Agreement and make recommendations on the inclusion of new priorities, as appropriate;

                              (d)

                              ensure implementation of the Joint Guidance Document annexed to the Agreement.

            CHAPTER II
      ORGANISATION
      Article 2
      Composition and Chair
      1.   The EPA Committee shall be composed of representatives of the members of the Council of the European Union and of the European Commission and representatives of the Republic of Cameroon, at ministerial or senior official level.
      2.   Reference to ‘the Parties’ in these Rules of Procedure shall be in accordance with the definition provided for under Article 95 of the Agreement.
      3.   The EPA Committee shall be chaired alternately for periods of 12 months by a representative of the European Union and by a representative of the Republic of Cameroon. The mandate corresponding to the first period shall begin on the date of the first meeting of the EPA Committee and end on 31 December of the following year. The Chair shall be held first by a representative of the Republic of Cameroon.
      Article 3
      Observers
      1.   Representatives of the Commission of the Economic and Monetary Community of Central Africa (CEMAC) and the General Secretariat of the Economic Community of Central African States (ECCAS) shall be invited to attend all meetings of the EPA Committee as observers.
      2.   The Parties may decide to invite representatives of civil society and the private sector and experts or any other person of their choice to meetings of the EPA Committee as observers.
      3.   The EPA Committee may decide to close meetings to observers during the discussion of sensitive matters and the taking of decisions by the Committee.
      Article 4
      Secretariat
      The European Commission, on behalf of the European Union, and the Republic of Cameroon shall act as Secretary of the EPA Committee alternately for periods of 12 months. These periods shall coincide with the alternate holding of the Chair of the EPA Committee.
      Article 5
      Sub-Committees
      For the effective performance of its tasks the EPA Committee may set up under its authority sub-committees responsible for dealing with specific subjects under the Agreement. To this end the EPA Committee shall determine the composition and tasks of such sub-committees.
      CHAPTER III
      FUNCTIONING
      Article 6
      Decisions and recommendations
      1.   The EPA Committee shall adopt its decisions and recommendations by consensus.
      2.   The EPA Committee may decide to submit any general matter, which is of mutual interest to the ACP States and the European Union, arising under the Agreement to the ACP-EU Council of Ministers, as defined under Article 15 of the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part (the ‘Cotonou Agreement’).
      3.   In the period between meetings, the EPA Committee may adopt decisions or recommendations by written procedure if both Parties so agree. A written procedure shall consist of an exchange of notes between the Parties.
      4.   The decisions or recommendations of the EPA Committee shall bear the title ‘Decision’ or ‘Recommendation’ followed by a serial number, the date of their adoption and an indication of their content. Each decision shall indicate the date of its entry into force.
      5.   Decisions and recommendations adopted by the EPA Committee shall be authenticated by a representative of the European Commission on behalf of the European Union and by a representative of the Republic of Cameroon.
      6.   Decisions and recommendations shall be forwarded to the Parties as documents of the EPA Committee.
      Article 7
      Correspondence
      1.   All correspondence addressed to the EPA Committee shall be directed to its Secretary.
      2.   The Secretary shall ensure that correspondence addressed to the EPA Committee is forwarded to the Chair of the Committee and, where appropriate, circulated as documents referred to under Article 10 of these Rules of Procedure to the focal point of each Party, as defined under Article 92 of the Agreement.
      3.   Correspondence from the Chair of the EPA Committee shall be sent to the focal point of each Party by the Secretary and, where appropriate, circulated as documents referred to under Article 10 of these Rules of Procedure to the other members of the EPA Committee.
      Article 8
      Meetings
      1.   The EPA Committee shall meet at regular intervals, not exceeding a period of one year, and shall hold extraordinary meetings whenever circumstances so require, if the Parties so agree.
      2.   Each meeting of the EPA Committee shall be held at a place and on a date agreed by the Parties.
      3.   Meetings of the EPA Committee shall be convened by the Party holding the Chair, after consulting the other Party.
      4.   Invitations shall be sent to participants at the latest 15 days before each meeting.
      Article 9
      Delegations
      Before each meeting, the Chair of the EPA Committee shall be informed of the intended composition of the delegations of the European Union and the Republic of Cameroon, and of any observers.
      Article 10
      Documentation
      Where the deliberations of the EPA Committee are based on written supporting documents, such documents shall be numbered and circulated as documents of the EPA Committee by the Secretary at least 14 days before the beginning of the meeting.
      Article 11
      Agendas for Meetings
      1.   A provisional agenda for each meeting shall be drawn up by the Secretary of the EPA Committee on the basis of proposals made by the Parties. It shall be forwarded by the Secretary of the EPA Committee to each Party's focal point no later than 15 days before the beginning of the meeting.
      2.   The provisional agenda shall include the items for which a request for inclusion on the agenda has been received by the Secretary no later than 21 days before the beginning of the meeting, although such items will not be included on the provisional agenda unless the relevant supporting documents have been received by the Secretary no later than the date of dispatch of that provisional agenda.
      3.   The agenda shall be adopted by the EPA Committee at the beginning of each meeting. Items other than those appearing on the provisional agenda may be placed on the agenda if the Parties so agree.
      4.   The Chair of the EPA Committee, in agreement with the Parties, may invite experts to attend the EPA Committee's meetings in order to provide information on specific subjects.
      5.   With the agreement of the Parties, the Secretary may shorten the time limits specified in paragraphs 1 and 2, in order to take account of the requirements of a particular case.
      Article 12
      Minutes
      1.   At the end of each meeting, a summary of the conclusions shall be drawn up and signed by the EPA Committee members.
      2.   Draft minutes of each meeting shall be drawn up by the Secretary at the latest within one month.
      3.   The minutes shall, as a general rule, summarise each item on the agenda, specifying where applicable:

                  (a)

                  all the documents submitted to the EPA Committee;

                  (b)

                  any statement that a member of the EPA Committee has asked to be entered;

                  (c)

                  the decisions adopted, recommendations made, statements agreed upon and conclusions adopted on specific items.

            4.   The minutes shall also include a list of participants from the EPA Committee, a list of the members of the delegations accompanying them and a list of any observers at the meeting.
      5.   The minutes shall be approved in writing by both Parties within two months of the date of the meeting. Once approved, two copies of the minutes shall be signed by the Secretary and each of the Parties shall receive one original of these authentic documents.
      Article 13
      Public access
      1.   Unless otherwise decided by the Parties, the meetings of the EPA Committee shall not be public.
      2.   Each Party may decide to publish the decisions of the EPA Committee in its respective official publication.
      CHAPTER IV
      FINAL PROVISIONS
      Article 14
      Linguistic regime
      1.   The working languages of the EPA Committee shall be the official languages common to the Parties.
      2.   The EPA Committee shall base its deliberations and adopt decisions and recommendations on documents and proposals prepared in one of the languages referred to in paragraph 1.
      Article 15
      Expenditure
      1.   Each Party shall meet any expenses it incurs as a result of attending the meetings of the EPA Committee, both with regard to staff, travel and subsistence expenditure as well as with regard to postal and telecommunications expenditure.
      2.   Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.
      3.   Expenditure in connection with the provision of interpretation services at meetings and translation of decisions and recommendations into the working languages of the EPA Committee shall be borne by the Party hosting the meeting. Expenditure in connection with the provision of interpretation services and the translation of decisions and recommendations into the other official languages of the European Union shall be borne by the European Union.
      Article 16
      Amendment of Rules of Procedure
      These Rules of Procedure may be amended by a decision of the EPA Committee in accordance with Article 6(1).


Avis juridique important

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41991D0586

91/586/ECSC, EEC: Decision of the Council and the Representatives of the Governments of the Member States, meeting within the Council of 11 November 1991 suspending the application of the Agreements between the European Community, its Member States and the Socialist Federal Republic of Yugoslavia

Official Journal L 315 , 15/11/1991 P. 0047 - 0047 Finnish special edition: Chapter 11 Volume 18 P. 0178  Swedish special edition: Chapter 11 Volume 18 P. 0178

DECISION OF THE COUNCIL AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL of 11 November 1991 suspending the application of the Agreements between the European Community, its Member States and the  Socialist Federal Republic of Yugoslavia (91/586/ECSC, EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES, MEETING WITHIN THE COUNCIL,  Whereas the European Community and its Member States have concluded with the Socialist Federal Republic of Yugoslavia a Cooperation Agreement and related Protocols and Instruments, as well as an Agreement on ECSC products;  Whereas, in their declarations of 5 and 28 October 1991, the European Community and its Member States, meeting within the framework of European Political Cooperation, took note of the crisis in Yugoslavia; whereas the United Nations Security Council  expressed, in resolution 713 (1991), the concern that the prolongation of this situation constituted a threat to international peace and security;  Whereas the pursuit of hostilities and their consequences on economic and trade relations, both between the Republics of Yugoslavia and with the Community, constitute a radical change in the conditions under which the Cooperation Agreement between the  European Economic Community and the Socialist Federal Republic of Yugoslavia (1) and its Protocols, as well as the Agreement concerning the European Coal and Steel Community, were concluded; whereas they call into question the application of such  Agreements and Protocols;  Whereas the appeal launched by the European Community and its Member States, meeting within the framework of European Political Cooperation on 6 October 1991 at Haarzuilens, calling for compliance with the cease-fire agreement reached in the Hague on 4  October 1991, has not been heeded;  Whereas, in the declaration of 6 October 1991, the European Community and its Member States, meeting within the framework of European Political Cooperation, announced their decision to terminate the Agreements between the Community and Yugoslavia should  the agreement reached in the Hague on 4 October 1991 between the parties to the conflict, in the presence of the President of the Council of the European Communities and the President of the Conference on Yugoslavia, not be observed;  Whereas the Community has started the necessary procedures to denounce the abovementioned Agreements;  On the recommendation of the Commission,  HAVE DECIDED AS FOLLOWS:  1.  The application of the abovementioned Agreements is hereby suspended with immediate effect.  2.  This Decision shall be published in the Official Journal of the European Communities.  Done at Brussels, 11 November 1991.  The President H. J. SIMONS (1) OJ No L 41, 14. 2. 1983, p. 1.


title: Commission Decision of 10 July 2015 on the appointment of certain members of the Scientific Council of the European Research Council

text:
               11.7.2015

               EN

               Official Journal of the European Union

               C 227/2

         COMMISSION DECISION
   of 10 July 2015
   on the appointment of certain members of the Scientific Council of the European Research Council
   (2015/C 227/02)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Decision 2013/743/EU of 3 December 2013 establishing the specific programme implementing Horizon 2020 – the Framework Programme for Research and Innovation (2014-2020) and repealing Decisions 2006/971/EC, 2006/972/EC, 2006/973/EC, 2006/974/EC and 2006/975/EC (1), and in particular Article 7(1) thereof,
   Whereas:

               (1)

               By Decision C(2013) 8915 (2) (as subsequently modified by Decision C(2015) 58 (3)) the Commission established the European Research Council (‘ERC’) for the period from 1 January 2014 to 31 December 2020 as the means of implementing the actions under Part I ‘Excellent science’ which relate to the specific objective ‘The European Research Council (ERC)’, referred to in point (a) of Article 3(1) of Decision 2013/743/EU.

               (2)

               The ERC is composed of the independent Scientific Council provided for in Article 7 of Decision 2013/743/EU and the dedicated implementation structure provided for in Article 8 of that Decision.

               (3)

               Pursuant to Article 2(1) of Decision C(2013) 8915, the Scientific Council is composed of the President of the ERC and 21 other members.

               (4)

               Pursuant to the third subparagraph of Article 7(1) of Decision 2013/743/EU, members of the Scientific Council are appointed for a term of up to 4 years, renewable once. They should be appointed in a manner to ensure the continuity of the work of the Scientific Council.

               (5)

               The term of office of certain members of the Scientific Council ended on 31 December 2014 and there is a need for renewal of the Scientific Council membership.

               (6)

               Pursuant to the second subparagraph of Article 7(1) of Decision 2013/743/EU, the members of the Scientific Council are appointed by the Commission, following an independent and transparent procedure for their identification agreed with the Scientific Council, including a consultation of the scientific community and a report to the European Parliament and the Council. For this purpose, a standing committee for the identification of future members of the Scientific Council has been set up. The Identification Committee made recommendations to the Commission for the replacement and reappointment of members of the Scientific Council that have been accepted,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Ms Isabelle Vernos is appointed member of the ERC Scientific Council for a second mandate ending 30 June 2019.
   Ms Margaret Buckingham is appointed member of the ERC Scientific Council for a first mandate ending 30 June 2019.
   Mr Michael Kramer is appointed member of the ERC Scientific Council for a first mandate ending 30 June 2019.
   Mr Micali Silvio is appointed member of the ERC Scientific Council for a first mandate ending 30 June 2019.
   Article 2
   This Decision shall enter into force on 1 July 2015.

      Done at Brussels, 10 July 2015.

            For the Commission

         Carlos MOEDAS

            Member of the Commission

      (1)  OJ L 347, 20.12.2013, p. 965.

      (2)  Commission Decision C(2013) 8915 of 12 December 2013 establishing the European Research Council (OJ C 373, 20.12.2013, p. 23).

      (3)  Commission Decision C(2015) 58 of 17 February 2015 amending Decision C(2013) 8915 establishing the European Research Council (OJ C 58, 18.2.2015, p. 3).


title: 2008/461/EC: Council Decision of 16 June 2008 appointing a Spanish alternate member of the Committee of the Regions

text:
               19.6.2008

               EN

               Official Journal of the European Union

               L 160/32

      COUNCIL DECISION

   of 16 June 2008
   appointing a Spanish alternate member of the Committee of the Regions
   (2008/461/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Spanish Government,
   Whereas:

               (1)

               On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

               (2)

               An alternate member’s seat has become vacant following the resignation of Mr Pedro MOYA MILANÉS,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Enrique OJEDA VILA, Secretario General de Acción Exterior, Andalucía, is hereby appointed an alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2010.
   Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Luxembourg, 16 June 2008.

            For the Council

            The President

         D. RUPEL

      (1)  OJ L 56, 25.2.2006, p. 75.


Avis juridique important

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31979D1003

79/1003/EEC: Council Decision of 23 November 1979 appointing a member of the Advisory Committee on Social Security for Migrant Workers

Official Journal L 308 , 04/12/1979 P. 0023 - 0023

****( 1 ) OJ NO L 149 , 5 . 7 . 1971 , P . 2 .    COUNCIL DECISION   OF 23 NOVEMBER 1979   APPOINTING A MEMBER OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS  ( 79/1003/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1408/71 OF 14 JUNE 1971 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 82 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 15 OCTOBER 1979 APPOINTING THE MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS FOR THE PERIOD ENDING 14 OCTOBER 1981 ,   WHEREAS ONE SEAT AS MEMBER OF THE AFORESAID COMMITTEE IN THE GOVERNMENT REPRESENTATIVES '  CATEGORY HAS FALLEN VACANT FOLLOWING THE RESIGNATION OF MISS RUELLAN , OF WHICH THE COUNCIL WAS NOTIFIED ON 12 NOVEMBER 1979 ;   HAVING REGARD TO THE NOMINATIONS SUBMITTED ON 12 NOVEMBER 1979 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR SERGE DARMON IS HEREBY APPOINTED MEMBER OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS IN PLACE OF MISS RUELLAN FOR THE REMAINDER OF HER TERM OF OFFICE , WHICH RUNS UNTIL 14 OCTOBER 1981 .   DONE AT BRUSSELS , 23 NOVEMBER 1979 .   FOR THE COUNCIL   THE PRESIDENT   R . MAC SHARRY


Avis juridique important

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31998D0265

98/265/EC: Council Decision of 30 March 1998 on the principles, priorities, intermediate objectives and conditions contained in the accession partnership with the Republic of Lithuania

Official Journal L 121 , 23/04/1998 P. 0031 - 0035

COUNCIL DECISION of 30 March 1998 on the principles, priorities, intermediate objectives and conditions contained in the accession partnership with the Republic of Lithuania (98/265/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant countries in the framework of the pre-accession strategy, and in particular on the establishment of accession partnerships (1), and in particular to Article 2 thereof,Having regard to the proposal from the Commission,Whereas the Luxembourg European Council stated that the accession partnership is a new instrument, the key feature of the enhanced pre-accession strategy;Whereas Regulation (EC) No 622/98 sets out that the Council shall decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities, intermediate objectives and conditions contained in the individual accession partnerships, as they are submitted to each applicant country, as well as on subsequent significant adjustments applicable to them;Whereas Community assistance is conditional on the fulfilment of essential elements, and in particular on the respect of the commitments contained in the Europe Agreements and on progress towards fulfilment of the Copenhagen criteria; whereas, where an essential element is lacking, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps with regard to any pre-accession assistance;Whereas the Luxembourg European Council decided that the implementation of the accession partnership and progress in adopting the acquis will be examined in the Europe Agreement bodies;Whereas the Commission's opinion presented an objective analysis on the Republic of Lithuania's preparations for membership and identified a number of priority areas for further work;Whereas, in order to prepare for membership, the Republic of Lithuania should draw up a national programme for the adoption of the acquis; whereas this programme should set out a timetable for achieving the priorities and intermediate objectives established in the accession partnership,HAS DECIDED AS FOLLOWS:Article 1 In accordance with Article 2 of Regulation (EC) No 622/98, the principles, priorities, intermediate objectives and conditions contained in the accession partnership for the Republic of Lithuania are set out in the Annex hereto, which forms an integral part of this Decision.Article 2 The implementation of the accession partnership will be examined in the Europe Agreement bodies and through the appropriate Council bodies to which the Commission will report regularly.Article 3 This Decision shall enter into force on the third day following its publication in the Official Journal of the European Communities.Done at Brussels, 30 March 1998.For the CouncilThe PresidentM. BECKETT(1) OJ L 85, 20.3.1998, p. 1.ANNEX LITHUANIA 1. Objectives The purpose of the accession partnership is to set out in a single framework the priority areas for further work identified in the Commission's opinion on Lithuania's application for membership of the European Union, the financial means available to help Lithuania implement these priorities and the conditions which will apply to that assistance. The accession partnership will provide a framework for a number of policy instruments which will be used to help the candidate countries in their preparations for membership. These will include inter alia the national programme for the adoption of the acquis to be adopted by Lithuania, the joint assessment of economic policy priorities, the Pact against organised crime and the internal market road maps. Each of these instruments is different in nature and will be prepared and implemented according to specific procedures. They will not be an integral part of this partnership but the priorities they contain will be compatible with it.2. Principles The main priority areas identified for each candidate country relate to their ability to assume the obligations of meeting the Copenhagen criteria which state that membership requires:- that the candidate country has achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities,- the existence of a functioning market economy, as well as the capacity to cope with competitive pressure and market forces within the Union,- the ability to take on the obligations of membership, including adherence to the aims of political, economic and monetary union.At its meeting in Madrid, the European Council stressed the need for the candidate countries to adjust their administrative structures to ensure the harmonious operation of Community policies after accession and at Luxembourg, it stressed that incorporation of the acquis into legislation is necessary, but not in itself sufficient; it is necessary to ensure that it is actually applied.3. Priorities and intermediate objectives The Commission's opinions and the Council's examination of these have highlighted the extent of the efforts which still have to be made in certain areas by the candidate countries to prepare for accession and took the view that none of these countries fully satisfies all of the Copenhagen criteria at the present time. This situation will require the definition of intermediate stages in terms of priorities, each to be accompanied by precise objectives to be set in collaboration with the countries concerned, the achievement of which will condition the degree of assistance granted and the progress of the negotiations under way with some countries and the opening of new negotiations with the others. The priorities and intermediate objectives have been divided into two groups - short and medium-term. Those listed under the short term have been selected on the basis that it is realistic to expect that Lithuania can complete or take them substantially forward by the end of 1998. In view of the short time span, and taking into account the administrative capacity required to achieve them, the number of priorities selected for the short term has been limited. The priorities listed under the medium term are expected to take more than one year to complete although work may and should also begin on them during 1998.Lithuania will be invited to draw up a national programme for the adoption of the acquis (NPAA) by the end of March which should set out a timetable for achieving these priorities and intermediate objectives and, where possible and relevant, indicate the necessary staff and financial resources.The accession partnership will indicate that Lithuania will have to address all issues identified in the opinion. Incorporation of the acquis into legislation is not in itself sufficient; it will also be necessary to ensure that it is actually applied to the same standards as those which apply within the Union. In all of the areas listed below there is a need for credible and effective implementation and enforcement of the acquis.Drawing on the analysis of the Commission's opinion and the Council's examination of this, the following short- and medium-term priorities and intermediate objectives have been identified for Lithuania.3.1. Short-term (1998) Economic reform: establishment of medium-term economic policy priorities and joint assessment within the framework of the Europe Agreement; acceleration of large-scale privatisation and progress towards the restructuring of the banking, energy and agri-food sectors, enforcement of financial discipline for enterprises.Reinforcement of institutional and administrative capacity: in particular major efforts on public administration reform, border control, customs, taxation and finance, as well as preparation of training strategy for civil servants and the judiciary, veterinary and phytosanitary administrations, particularly as regards facilities at the external borders, institutional strengthening in the area of environment, begin to set up structures needed for regional and structural policy.Internal market: including further alignment in the areas of intellectual and industrial property, public procurement, financial services, phytosanitary and veterinary administration, and upgrading of independent standardisation and conformity assessment structures. Adoption of new competition law and establishment of transparent State aid inventory.Justice and home affairs: in particular further efforts to implement measures to combat corruption and organised crime and improve border management in facilities for refugee reception.Environment: continue transposition of framework legislation, establishment and commencement of implementation of detailed approximation programmes and implementation strategies related to individual acts. Planning and commencement of implementation of these programmes and strategies.Energy: in particular establishing a comprehensive, long-term, energy strategy and decommissioning plan for the nuclear power plant Ignalina according to commitments entered into in the Nuclear Safety Account Agreement.3.2. Medium term Economic reform: consolidate the privatisation process and restructuring of the banking, energy and agri-food sectors and align legal framework (bankruptcy and competition legislation, simplification of business regulations including licensing).Economic policy: regular review of the joint assessment of economic policy priorities, within the Europe Agreement framework, focusing on satisfying the Copenhagen criteria for membership of the Union and the acquis in the area of economic and monetary policy (coordination of economic policies, submission of convergence programmes, avoidance of excessive deficits); while Lithuania is not expected to adopt the euro immediately on accession, it is expected to pursue policies which aim to achieve real convergence in accordance with the Union's objectives of economic and social cohesion, and nominal convergence compatible with the ultimate goal of adoption of the euro.Reinforcement of institutional and administrative capacity: development of anti-fraud unit and State audit office and of budget and financial control mechanisms; improved operation of the judicial system; training for the judiciary in Community law and its application; reinforcement of justice and home affairs institutions (ensuring sufficient and properly trained personnel, in particular police, border guards, ministries and courts), strengthening of the nuclear safety authority, reform of customs and tax administrations to ensure readiness to apply the acquis, the reinforcement of food control administration.Internal market: including alignment of capital liberalisation, public procurement legislation, audiovisual policies, indirect taxation and statistics, further alignment and effective enforcement of competition law, in particular State aid control; reinforcement of competition authorities, upgrading of standardisation and conformity assessment structures, establishment of a market surveillance system and alignment of horizontal technical legislation on industrial products, promotion of enterprise development, including small and medium-sized enterprises (SMEs), alignment with the acquis in the fields of telecommunications, consumer protection and the internal energy market.Justice and home affairs: development of effective border management, fight against organised crime (in particular money laundering, drugs and trafficking in human beings) and corruption, alignment of visa policy with that of the Union and completion of alignment on international conventions, implementation of migration policy and asylum procedures notably in view of the Schengen acquis.Agriculture: including alignment with the agricultural acquis (including veterinary and phytosanitary matters, in particular external border controls), attention to environmental aspects of agriculture and biodiversity, completion of land registration and establishment of a functioning land market. Development of the capacity to implement and enforce the common agricultural policy (CAP), in particular the fundamental management mechanisms and administrative structures to monitor the agricultural markets and implement structural and rural development measures, adoption and implementation of the veterinary and phytosanitary requirements, upgrading of certain food-processing establishments and testing and diagnostic facilities, restructuring of the agri-food sector.Fisheries: development of capacity to implement and enforce the common fisheries policy.Energy: implementation of a comprehensive energy strategy based on efficiency and diversification, including respect of nuclear safety standards and realistic nuclear power plant closure commitments (NSA).Transport: further efforts on alignment with the acquis, in particular on maritime (safety) and road and rail transport, and to provide necessary investment for transport infrastructure, notably extension of trans-European networks.Employment and social affairs: development of appropriate labour-market structures and joint review of employment policies as preparation for participation in Union coordination of employment policies, alignment of labour and occupational health and safety legislation, in particular early adoption of the framework directive on health and safety at work; further development of an active social dialogue; further development of social protection; enforcement of equal opportunities between women and men, undertake steps to bring public health standards into line with Union norms.Environment: including the development of monitoring and implementation control structures and capacities, continuous planning and implementation of approximation programmes related to individual legal acts. A particular emphasis should be given to air pollution, drinking water and the waste sector as well as nuclear safety. Environmental protection requirements and the need for sustainable development must be integrated into the definition and implementation of national, sectoral policies.Regional policy and cohesion: introduce the legal administrative and budgetary framework for a national policy to address regional disparities through an integrated approach, in order to participate in Union structural programmes after membership.4. Programming The PHARE allocation for the period 1995 to 1997 has totalled ECU 145 million. Subject to the approval of the PHARE budget for the remaining period, the Commission will confirm the allocations for 1998 and 1999. In addition Lithuania is eligible for support from the catch-up facility envisaged for 1998. Financial proposals will be submitted to the PHARE Management Committee as provided for in Regulation (EEC) No 3906/89. Joint financing by the applicant countries will be systematically required for all investment projects. Financial assistance from the year 2000 onwards will comprise aid for agriculture and a structural instrument which will give priority to measures similar to the Cohesion Fund.5. Conditionality Community assistance will be conditional on respect by Lithuania of its commitments under the Europe Agreement, further steps towards satisfying the Copenhagen criteria and progress in implementing this accession partnership. Failure to respect these general conditions could lead to a decision by the Council on the suspension of financial assistance on the basis of Article 4 of Regulation (EC) No 622/98.6. Monitoring The implementation of the accession partnership will be monitored in the framework of the Europe Agreement. This will begin in 1998 before the Commission presents its first regular report to the Council reviewing the progress made by Lithuania including implementation of the accession partnership.The relevant sections of the accession partnership will be discussed in the appropriate sub-committee. The Association Committee will discuss overall developments, progress and problems in meeting its priorities and intermediate objectives as well as more specific issues referred to it from the sub-committees. The Association Committee will report to the Association Council on the implementation of the accession partnership.The PHARE Management Committee will ensure that financing decisions are compatible with the accession partnerships.The accession partnership will be amended as necessary in accordance with Article 2 of Regulation (EC) No 622/98. The Commission will propose, before the end of 1999 and at regular intervals thereafter, a review of this partnership, on which the Council will take a formal decision. These reviews will include consideration of the need to further specify intermediate objectives in the light of the progress made by Lithuania in meeting the objectives set out in this partnership.


title: Decision No S4 of 2 October 2009 concerning refund procedures for the implementation of Articles 35 and 41 of Regulation (EC) No 883/2004 of the European Parliament and of the Council (Text of relevance to the EEA and to the EC/Switzerland Agreement)

text:
               24.4.2010

               EN

               Official Journal of the European Union

               C 106/52

         DECISION No S4
   of 2 October 2009
   concerning refund procedures for the implementation of Articles 35 and 41 of Regulation (EC) No 883/2004 of the European Parliament and of the Council
   (Text of relevance to the EEA and to the EC/Switzerland Agreement)
   2010/C 106/17
   THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,
   Having regard to Article 72(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which the Administrative Commission is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (2),
   Having regard to Articles 35 and 41 of Regulation (EC) No 883/2004,
   Having regard to Articles 66 to 68 of Regulation (EC) No 987/2009,
   Whereas:

               (1)

               The cost of the benefits in kind provided by the institution of one Member State on behalf of the institution of another Member State, shall be fully refunded.

               (2)

               The refunds between institutions, if not otherwise agreed, must be carried out with speed and efficiency in order to prevent a built-up of claims which remain unsettled for longer periods of time.

               (3)

               An accumulation of claims could endanger the efficient functioning of the Community system and jeopardise the right of individuals.

               (4)

               The Administrative Commission in Decision No S1 (3) has decided that the institution of the place of stay shall be reimbursed for the cost of health care provided on the basis of a valid European Health Insurance Card.

               (5)

               Commonly agreed best practices would contribute to a speedy and efficient settlement of refunds between the institutions.
               Acting in accordance with the conditions laid down in Article 71(2) of Regulation (EC) No 883/2004,

         HAS DECIDED AS FOLLOWS:
   A.   Reimbursement on the basis of actual expenditure (Article 62 of Regulation (EC) No 987/2009)

               1.

               The institution which claims a refund based on actual expenditure shall introduce the claim at the latest within the deadline mentioned in Article 67(1) Regulation (EC) No 987/2009 (hereinafter ‘Implementing Regulation’). The institution which receives a claim shall ensure the payment of the claim within the time limit provided for in Article 67(5) of the Implementing Regulation but before this deadline as soon as it is in a position to do so.

               2.

               Claims for refund of benefits, which have been provided on the basis of a European Health Insurance Card (EHIC), a document replacing the EHIC or any other entitlement document, may be rejected and the claim returned to the creditor institution in case the claim, for example:

                           —

                           is incomplete and/or incorrectly filled out,

                           —

                           concerns benefits which have not been given within the validity period of the EHIC or the entitlement document used by the recipient of the benefits.

                     A claim may not be rejected on the grounds that the person has ceased to be insured with the institution, which has issued the EHIC or the entitlement document, provided that the benefits were given to the beneficiary within the validity period of the document used.
               An institution which is obliged to refund the cost of benefits provided on the basis of an EHIC may request that the institution with which the person was rightly registered at the time of the award of the benefits shall refund the cost of those benefits to the first institution, or if the person was not entitled to use the EHIC, settle the matter with the person concerned.

               3.

               A claim may not be reviewed by the debtor institution as regards its compliance with Articles 19 and 27(1) of Regulation (EC) No 883/2004, unless there are reasonable grounds to suspect abuse as clarified under the case-law by the European Court of Justice (4). The debtor institution is consequently obliged to accept the information on which the claim is based and to reimburse the claim. In the case there is suspicion of abuse the debtor institution may for relevant reasons reject the claim as provided for under Article 67(5) of the Implementing Regulation.

               4.

               For the purpose of the application of points 2 and 3, if the debtor institution expresses doubts as to the correctness of the facts, on which a claim is based, it is incumbent on the creditor institution to reconsider, whether the claim was properly issued and, if appropriate, to withdraw or recalculate the claim.

               5.

               A claim, which is introduced after the deadline specified in Article 67(1) of the Implementing Regulation, shall not be considered.

         B.   Reimbursement on the basis of fixed amounts (Article 63 of Implementing Regulation)

               6.

               The inventory provided for in Article 64(4) of the Implementing Regulation shall be presented to the liaison body of the debtor member State by the end of the year following the reference year, and the claims based on this inventory shall be introduced to the same body as soon as possible following the publication in the Official Journal of the European Union of the annual fixed amounts per person, but within the time limit provided for in Article 67(2) of the Implementing Regulation.

               7.

               The creditor institution shall whenever possible present the claims which concern a particular calendar year on the same occasion to the debtor institution.

               8.

               The debtor institution which receives a claim for a refund determined on the basis of fixed amounts shall ensure the payment of the claim within the time limit provided for in Article 67(5) of the Implementing Regulation but before this deadline as soon as it is in a position to do so.

               9.

               A claim, which is introduced after the deadline specified in Article 67(2) of the Implementing Regulation, shall not be considered.

               10.

               A claim for a refund determined on the basis of fixed amounts may be rejected and returned to the creditor institution in case the claim, for example:

                           —

                           is incomplete and/or incorrectly filled out,

                           —

                           refers to a time period which is not covered by registration on the basis of valid entitlement document.

               11.

               If the debtor institution expresses doubts as to the correctness of the facts on which a claim is based, it is incumbent on the creditor institution to reconsider, whether the invoice was properly issued and, if appropriate, to withdraw or recalculate the claim.

         C.   Down payments under Article 68 of Implementing Regulation

               12.

               In case of making a down payment under Article 68 of the Implementing Regulation, the amount to be paid shall be determined separately for claims based on actual expenditure (Article 67(1) of the Implementing Regulation) and claims based on fixed amounts (Article 67(2) of the Implementing Regulation).

         D.   Cooperation and Exchange of information

               13.

               The institutions should ensure a good cooperation between themselves and act as implementing their own legislation.

         E.   Entry into force

               14.

               This Decision shall be published in the Official Journal of the European Union. It shall apply from the date of entry into force of Regulation (EC) No 987/2009.

            The Chair of the Administrative Commission

         Lena MALMBERG

      (1)  OJ L 166, 30.4.2004, p. 1.

      (2)  OJ L 284, 30.10.2009, p. 1.

      (3)  See page 23 of this Official Journal.

      (4)  Judgement of 12 April 2005 in case C-145/03 Heirs of Annette Keller v Instituto Nacional de la Seguridad Social (INSS) and Instituto Nacional de Gestión Sanitaria (Ingesa) ECR [2005] p. I-02529.


title: Council Decision (EU) 2015/1573 of 18 September 2015 appointing four Dutch members and five Dutch alternate members of the Committee of the Regions

text:
               22.9.2015

               EN

               Official Journal of the European Union

               L 245/10

         COUNCIL DECISION (EU) 2015/1573
   of 18 September 2015
   appointing four Dutch members and five Dutch alternate members of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof
   Having regard to the proposal of the Dutch Government,
   Whereas:

               (1)

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

               (2)

               Four members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr R.E. (Ralph) DE VRIES, Mr A. (Bert) GIJSBERTS, Mrs W.H. (Hester) MAIJ and Mr B.S. (Bote) WILPSTRA.

               (3)

               Four alternate members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr H. (Henk) BRINK, Mr J.H.J. (Hans) KONST, Mrs E.M. (Elvira) SWEET, and Mrs Dr J.M.E. (Annemieke) TRAAG.

               (4)

               An alternate member's seat would become vacant following the appointment of Mr T.J.S.M. BOVENS as member of the Committee of the Regions,

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

               —

               Mr J.A. (John) JORRITSMA, Commissaris van de Koning in Fryslân

               —

               Mr Th.J.F.M. (Theo) BOVENS, Commissaris van de Koning in Limburg

               —

               Mr M.A. (Michiel) SCHEFFER, Gedeputeerde in Gelderland

               —

               Mr C.J. (Cees) LOGGEN, Gedeputeerde in Noord-Holland

         Article 2
   The following are hereby appointed as alternate members to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Mrs N. (Nienke) HOMAN, Gedeputeerde in Groningen

               —

               Mr A. (Ard) VAN DER TUUK, Gedeputeerde in Drenthe

               —

               Mr D.J.E. (Erik) LIEVERS, Gedeputeerde in Overijssel

               —

               Mrs A.M.A. (Mariëtte) PENNARTS-POUW, Gedeputeerde in Utrecht

               —

               Mr M.A. (Michiel) RIJSBERMAN, Gedeputeerde in Flevoland

         Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 18 September 2015.

            For the Council

            The President

         C. DIESCHBOURG

      (1)  OJ L 20, 27.1.2015, p. 42.

      (2)  OJ L 31, 7.2.2015, p. 25.

      (3)  OJ L 159, 25.6.2015, p. 70.


title: Council decision of 15 October 2007 appointing the Italian members and alternate members of the Advisory Committee on Safety and Health at Work

text:
               24.10.2007

               EN

               Official Journal of the European Union

               C 249/6

      COUNCIL DECISION

   of 15 October 2007
   appointing the Italian members and alternate members of the Advisory Committee on Safety and Health at Work
   (2007/C 249/07)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 202 thereof,
   Having regard to Council Decision of 22 July 2003 on the setting up of an Advisory Committee on Safety and Health at Work (1), and in particular Article 3 thereof,
   Having regard to the list of candidates submitted to the Council by the Governments of the Member States,
   Whereas:

               (1)

               In its Decision of 27 February 2007 (2), the Council appointed the members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 1 March 2007 until 28 February 2010, except for the Italian members and alternate members.

               (2)

               The Italian Government has proposed candidates for the vacant seats,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following are hereby appointed members and alternate members of the Advisory Committee on Safety and Health at Work for the period ending on 28 February 2010:
   I.   GOVERNMENT REPRESENTATIVES

               Members

               Alternates

               Ms Lea BATTISTONI

               Mr Lorenzo FANTINI
               Mr Mario ALVINO

         II.   TRADE UNION REPRESENTATIVES

               Members

               Alternates

               Mr Diego ALHAIQUE

               Ms Cinzia FRASCHERI
               Ms Gabriella GALLI

         III.   EMPLOYERS' REPRESENTATIVES

               Members

               Alternates

               Mr Luigi CASANO

               Mr Walter REGIS
               Mr Giorgio RUSSOMANNO

      Done at Luxembourg, 15 October 2007.

            For the Council

            The President

         L. AMADO

      (1)  OJ C 218, 13.9.2003, p. 1.

      (2)  OJ L 64, 2.3.2007, p. 30.


title: 2008/114/EC,Euratom: Council Decision of 12 February 2008 establishing Statutes for the Euratom Supply Agency

text:
               15.2.2008

               EN

               Official Journal of the European Union

               L 41/15

      COUNCIL DECISION

   of 12 February 2008
   establishing Statutes for the Euratom Supply Agency
   (2008/114/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 54 second subparagraph thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               Title II, Chapter 6 of the Treaty provides for the creation of the Euratom Supply Agency (hereinafter referred to as the Agency), and sets up its tasks and obligations in guaranteeing a regular and equitable supply of nuclear materials to European Union users. The Statutes of the Agency were adopted on 6 November 1958 (2). Taking into account the increase in the number of the Member States as well as the need to apply modern financial provisions to the Agency and the need to fix its seat, these Statutes should be repealed and replaced.

               (2)

               The new Statutes should contain financial provisions that are in line with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3). At the same time the new Financial Regulation applicable to the Agency should be adopted in accordance to Article 183 of the Treaty. The capital of the Agency and the possibility, foreseen in the Treaty, to apply a charge on transactions, should be maintained.

               (3)

               The new Statutes of the Agency should be adapted to the situation of an enlarged European Union. In particular, the size of the Agency’s Advisory Committee should be changed in order to improve its operation and efficiency,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Statutes of the Euratom Supply Agency, as set out in the Annex, shall be adopted.
   Article 2
   The Statutes of the Euratom Supply Agency of 6 November 1958 shall be repealed.
   Article 3
   This Decision shall take effect on the 20th day following its publication in the Official Journal of the European Union.

      Done at Brussels, 12 February 2008.

            For the Council

            The President

         A. BAJUK

      (1)  Opinion of 13 November 2007 (not yet published in the Official Journal).

      (2)  OJ 27, 6.12.1958, p. 534.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regulation (EC) No 1525/2007 (OJ L 343, 27.12.2007, p. 9).

      ANNEX
      STATUTES OF THE EURATOM SUPPLY AGENCY
      CHAPTER 1
      INTERNAL STRUCTURE AND FUNCTIONING
      Article 1
      Objectives and tasks
      1.   The aim of the Euratom Supply Agency (hereinafter referred to as the Agency) shall be to perform the tasks entrusted to it by Title II, Chapter 6 of the Treaty, in accordance with the objectives of the Treaty.
      To this end, the Agency shall, inter alia:

                  —

                  provide the Community with expertise, information and advice on any subjects connected with the operation of the market in nuclear materials and services,

                  —

                  play a market-monitoring role by monitoring and identifying market trends that could affect security of the European Union’s supply of nuclear materials and services,

                  —

                  seek the advice of, be supported by and act in close cooperation with the Advisory Committee established in accordance with Article 11 (hereinafter referred to as the Committee).

            2.   The Agency may also build up a stock of nuclear materials, in accordance with the Articles 62 and 72 of the Treaty.
      Article 2
      Legal status and seat
      1.   The Agency has legal personality according to Article 54 of the Treaty. The Agency shall carry on its activities exclusively in the general interest. It shall operate on a non-profit making basis.
      2.   The Protocol on the Privileges and Immunities of the European Communities shall apply to the Agency, its Director General and to its staff.
      3.   The Agency shall have its seat in Luxembourg.
      4.   It may on its own initiative take any further measures concerning its own internal organisation which may be required for the carrying out of its tasks both within and outside the Community.
      5.   In each of the Member States, the Agency shall enjoy the most extensive legal capacity accorded to legal persons under their laws. It may in particular, acquire or dispose of movable and immovable property and may be a party to legal proceedings.
      Article 3
      Duties and powers of the Director General
      1.   The Director General shall be appointed by the Commission.
      2.   The Director General shall represent the Agency. He may delegate his powers to other persons. The rules for delegating his powers shall be fixed in internal Agency documents.
      3.   The Director General shall be responsible:

                  —

                  for ensuring performance of the Agency’s tasks referred to in Article 1,

                  —

                  for exercising the Agency’s exclusive right to conclude supply contracts for nuclear materials and its right of option,

                  —

                  for the day-to-day administration and management of all the Agency resources,

                  —

                  for keeping the Committee regularly informed and consulting it on any matters under the Committee’s competence in accordance with Article 13(3),

                  —

                  for the preparation of the draft statement of estimates of the Agency’s revenue and expenditure, and execution of its budget,

                  —

                  for conducting any study and producing any specific report deemed necessary in accordance with Article 1(1), in close cooperation with the Committee, and sending such studies and reports to the European Parliament, the Council and the Commission.

            4.   Each year the Director General shall submit to the European Parliament, the Council and the Commission a report covering the activities of the Agency in the previous year and a work programme for the coming year, after obtaining the opinion of the Committee.
      Article 4
      Director General and staff
      1.   The Director General and the staff of the Agency shall be or become officials of the European Communities governed by Staff Regulations of officials and the Conditions of employment of other servants of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 of the Council (1) and by the rules adopted jointly by the institutions of the European Communities for the purposes of the application of those Staff Regulations. The officials shall be appointed by and their salaries shall be paid by the Commission.
      2.   The Director General and the staff of the Agency shall have security clearance in accordance with Article 194 of the Treaty in respect of any facts, information, knowledge, documents or objects subject to a system of security grading which come into their possession or are communicated to them.
      Article 5
      Supervision by the Commission
      1.   The Agency shall be under the supervision of the Commission, which may issue directives to it and have a right of veto over its decisions.
      2.   The right of veto shall lapse after a period of 10 working days following a decision of the Agency, unless during that period reservation is made by the Commission or its representative. The Commission or its representative may waive the right to make such reservation before the expiry of that period.
      3.   Where reservation is made by the Commission or its representative within the period prescribed in paragraph 2, the Commission shall adopt a definitive position not more than ten working days from the date on which the reservation was made.
      4.   The provisions of this Article shall in no way prevent Article 53 of the Treaty from being applied.
      5.   Any act or failure to act of the Agency referred to in Article 53 of the Treaty may be referred to the Commission by the party concerned within fifteen working days of notification being received, or, failing such notification, within fifteen working days following publication. Failing notification and publication, the period shall run from the day on which the party concerned learns of the act.
      CHAPTER 2
      FINANCIAL PROVISIONS
      Article 6
      Financial organisation
      1.   The Agency shall have financial autonomy. It shall operate according to commercial rules in the area of competence of the Agency.
      2.   The Agency shall at all times be entitled to transfer the assets which it holds in euro into another currency in order to carry out financial or commercial operations which accord with its aims as defined by the Treaty and are consistent with these Statutes.
      The Agency shall, as far as possible, avoid making such transfers if it has cash or liquid assets in the currency required.
      The Agency may carry out financial operations in connection with meeting its objectives with funds which it does not immediately require for the purposes of meeting its obligations.
      3.   The Agency is empowered to contract, on behalf of the European Atomic Energy Community and within the limits fixed by the Council, borrowings, the proceeds of which will be allocated for carrying out its tasks.
      4.   Obligations entered into by the Agency pursuant to these Statutes are guaranteed by the European Atomic Energy Community.
      Article 7
      Revenue and expenditure
      1.   Estimates of all the revenue and expenditure of the Agency shall be prepared for each financial year and shall be shown in the budget of the Agency. The financial year shall correspond to the calendar year.
      2.   The revenue and expenditure shown in the budget shall be in balance.
      3.   The Agency’s revenue shall consist of a contribution from the Community, bank interest and income from its capital and bank investments, and, if necessary, a charge as foreseen in Article 54 of the Treaty and borrowings.
      4.   The expenditure of the Agency shall consist of administrative expenses of its staff and of the Committee, as well as expenses resulting from contracts entered into with third parties.
      5.   Each year the Director General shall produce an estimate of revenue and expenditure for the Agency for the following financial year. This estimate, which shall include a draft establishment plan, shall be forwarded to the Commission by 31 March after obtaining the opinion of the Committee.
      6.   On the basis of the estimate, the Commission shall enter in the preliminary draft general budget of the European Union the estimates it deems necessary for the establishment plan and the amount of the subsidy to be charged to the general budget.
      7.   In the framework of the budgetary procedure, the budget authority shall authorise the appropriations for the subsidy to the Agency and shall adopt the establishment plan for the Agency, which shall appear separately in the establishment plan of the Commission.
      8.   The budget shall be adopted by the Commission. It shall become final following final adoption of the general budget of the European Union. Where appropriate, it shall be adjusted accordingly. The Agency’s budget shall be published on its website.
      9.   Any modification of the establishment plan and of the budget of the Agency shall be the subject of an amending budget adopted by the same procedure as the initial budget. Modifications of the establishment plan are submitted to the budget authority. The amending budgets are forwarded for information to the European Parliament and the Council.
      Article 8
      Budget execution, financial control and financial rules
      1.   The Director General shall implement the budget of the Agency.
      2.   Following each financial year the Agency’s accounting officer shall submit the Agency’s provisional accounts:

                  (a)

                  by 1 March to the Accountant of the Commission, for consolidation purposes, and

                  (b)

                  by 31 March following each financial year to the Court of Auditors.

            3.   On receipt of the Court of Auditors’ observations on the Agency’s provisional accounts, the Director General shall draw up the Agency’s final accounts under his own responsibility and submit them to the Committee for an opinion.
      4.   The Committee shall deliver an opinion on the Agency’s final accounts.
      5.   The Director General shall, by 1 July following each financial year, forward the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Committee’s opinion.
      6.   The final accounts shall be published on the Agency’s website.
      7.   The Director General shall send the Court of Auditors a reply to its observations by 30 September.
      8.   The Director General shall submit to the European Parliament, at the latter’s request, any information necessary for the smooth application of the discharge procedure for the financial year in question.
      9.   The European Parliament, on a recommendation from the Council acting by a qualified majority, shall, before 30 April of year N + 2, give a discharge to the Director General in respect of the implementation of the budget for year N.
      10.   When needed, a specific financial regulation applicable to the Agency shall be adopted in accordance to Article 183 of the Treaty.
      Article 9
      Capital
      1.   The capital of the Agency shall be EUR 5 824 000.
      2.   The capital shall be subscribed as follows:

                  Belgium

                  EUR

                  192 000

                  Bulgaria

                  EUR

                  96 000

                  Czech Republic

                  EUR

                  192 000

                  Denmark

                  EUR

                  96 000

                  Germany

                  EUR

                  672 000

                  Estonia

                  EUR

                  32 000

                  Ireland

                  EUR

                  32 000

                  Greece

                  EUR

                  192 000

                  Spain

                  EUR

                  416 000

                  France

                  EUR

                  672 000

                  Italy

                  EUR

                  672 000

                  Cyprus

                  EUR

                  32 000

                  Latvia

                  EUR

                  32 000

                  Lithuania

                  EUR

                  32 000

                  Luxembourg

                  EUR

                  —

                  Hungary

                  EUR

                  192 000

                  Malta

                  EUR

                  —

                  Netherlands

                  EUR

                  192 000

                  Austria

                  EUR

                  96 000

                  Poland

                  EUR

                  416 000

                  Portugal

                  EUR

                  192 000

                  Romania

                  EUR

                  288 000

                  Slovenia

                  EUR

                  32 000

                  Slovakia

                  EUR

                  96 000

                  Finland

                  EUR

                  96 000

                  Sweden

                  EUR

                  192 000

                  United Kingdom

                  EUR

                  672 000

            3.   An instalment of 10 % of the capital shall be paid at the time of a Member State’s accession to the Community. In addition, further instalments of the capital may be called up by decision of the Council acting by a qualified majority on a proposal from the Commission. The amount of the instalment called up shall be paid to the Agency within thirty days following that decision.
      4.   Participation in the capital shall not confer any entitlement to dividend or interest. It shall carry the right to repayment of the nominal amount of the instalments of the paid up capital in the sole event of the Agency being wound up.
      5.   All payments shall be made in euro.
      Article 10
      Charges
      The Agency may, in accordance with Article 54 of the Treaty, levy a charge on transactions in which the Agency takes part by exercising its right of option or its exclusive right to conclude supply contracts. The proceeds of such a charge shall be used solely to defray its operating expenses.
      The provisions concerning this charge shall be detailed in an implementing decision. The rate of charge and the methods whereby it is to be assessed and collected shall, after consultation with the Council, be fixed by the Commission acting on a proposal from the Director General, who shall obtain beforehand the opinion of the Committee.
      CHAPTER 3
      ADVISORY COMMITTEE
      Article 11
      Composition of the Committee
      1.   The Committee shall be composed of members from the Member States as set out in the table below. However a Member State may choose not to participate in it. If a member resigns or is unable to perform his/her duties, a successor shall be appointed for the remainder of the term of office.

                  Belgium

                  2 members

                  Bulgaria

                  2 members

                  Czech Republic

                  2 members

                  Denmark

                  1 member

                  Germany

                  4 members

                  Estonia

                  1 member

                  Ireland

                  1 member

                  Greece

                  2 members

                  Spain

                  3 members

                  France

                  4 members

                  Italy

                  4 members

                  Cyprus

                  1 member

                  Latvia

                  1 member

                  Lithuania

                  2 members

                  Luxembourg

                  —

                  Hungary

                  2 members

                  Malta

                  —

                  Netherlands

                  2 members

                  Austria

                  2 members

                  Poland

                  3 members

                  Portugal

                  2 members

                  Romania

                  3 members

                  Slovenia

                  2 members

                  Slovakia

                  2 members

                  Finland

                  2 members

                  Sweden

                  2 members

                  United Kingdom

                  4 members.

            2.   As well as taking into account Member States’ participation in the Agency’s capital, the allocation of places on the Committee should reflect Member States’ relevant experience, expertise and/or activities in fields such as trade in nuclear materials and services of the nuclear fuel cycle or nuclear power generation.
      3.   Committee members shall be appointed by their respective Member States on the basis of their degree of relevant experience and expertise in the fields of trade in nuclear materials and services of the nuclear fuel cycle or nuclear power generation or in regulatory matters related to nuclear trade. The duration of the term of office shall be three years. The term of office may be renewed.
      Article 12
      Chairmanship of the Committee
      1.   The Committee shall nominate a Chairperson and two Vice-Chairpersons from the members of the Committee. These executive officers shall represent the experience of the Committee and different sides of the industry, both producers and users. The most senior of the two Vice-Chairpersons takes the place of the Chairperson if he/she is unable to fulfil his/her duties.
      2.   The terms of office of the Chairperson and the Vice-Chairpersons shall be three years. Their term of office may be renewed once, and the chairmanship should alternate among the members of the Committee, representing their different experience from the industry and the administration. The mandate of the Chairperson or any Vice-Chairperson shall automatically terminate, if his/her term of office as member of the Committee expires without renewal.
      Article 13
      Terms of reference of the Committee
      1.   The Committee shall assist the Agency in carrying out its tasks by giving opinions and providing analyses and information. That assistance shall also extend to the preparation of the reports, surveys and analyses that may have to be prepared pursuant to Article 1(1) under the responsibility of the Director General as referred to in Article 3(3). It shall act as a link between the Agency and both producers and users in the nuclear industry.
      2.   The Committee may be consulted upon all matters within the competence of the Agency in verbal form at its meetings or written form in between such meetings. The Committee may also issue opinions upon any such matters on the initiative of at least one third of its members.
      3.   The Committee shall be consulted and convened before any decision is taken by the Director General concerning the following matters:

                  (a)

                  the rules to be followed for balancing supply and demand (Article 60, sixth subparagraph of the Treaty);

                  (b)

                  the capital of the Agency; its increase or decrease or further capital subscription (Article 54, fourth subparagraph of the Treaty);

                  (c)

                  the borrowings referred to in Article 6;

                  (d)

                  the application of a charge on transactions, designed to defray the operating expenses of the Agency (Article 54, fifth subparagraph of the Treaty);

                  (e)

                  the conditions applicable to the building up and withdrawal of commercial stocks by the Agency (Article 72, first subparagraph of the Treaty);

                  (f)

                  the financial matters mentioned in Article 8, including the financial regulation for the Agency and the preparation of the Agency’s special account as provided for in Article 171(2) of the Treaty;

                  (g)

                  the annual report, including market analysis and work programme for the following year;

                  (h)

                  the criteria establishing practices prohibited by Article 68 of the Treaty;

                  (i)

                  the dissolution of the Agency.

            4.   The Director General may, if necessary, fix a time limit for the Committee to submit its opinion. This time limit shall not be less than a month from the date on which the communication for this purpose is sent to the members of the Committee.
      5.   If the opinion of the Committee cannot be obtained within this period, the Director General may take the decision.
      6.   The decisions which are within the competence of the Director General and relate to matters specified in this Article shall not be taken before ten working days have elapsed since the opinion of the Committee was given, if those decisions are at variance with that opinion.
      7.   The Committee shall adopt its rules of procedure for all matters that are not provided for by the present Statutes.
      Article 14
      Meetings of the Committee
      1.   The Committee shall be convened:

                  (a)

                  when considered necessary by the executive officers and normally twice every year;

                  (b)

                  at the request of the Director General, in particular whenever consultation of the Committee is compulsory pursuant to Article 13(3), and;

                  (c)

                  at the request in writing of not less than one third of the members of the Committee, specifying the items to be placed on the agenda.
                  The agenda shall be prepared by the Agency in cooperation with the Chairperson for approval by the Committee.
                  The Agency shall send documents relating to the agenda to all the Committee members at least fifteen working days before the date of the meeting.

            2.   Meetings of the Committee require a quorum of the majority of its members. Opinions may be given if approved by a majority of the members present or represented.
      3.   Each member of the Committee shall have one vote. If a member is unable to attend, the member may designate in writing any other member to vote on his/her behalf.
      4.   The Director General or a person designated to represent him/her shall attend meetings of the Committee but shall not have the right to vote. Other persons who are not staff of the Agency may participate in the meeting only with the consent of all members present and subject to the obligation under paragraph 5.
      5.   The members of the Committee shall be bound to secrecy in accordance with Article 194 of the Treaty in respect of all facts, information, knowledge or documents subject to a security grading which come into their possession or are communicated to them in their capacity as members of the Committee.
      6.   The Director General shall provide the Committee with an appropriate secretariat, whose appointment shall be subject to the Commission’s approval. The secretariat shall keep the minutes of meetings of the Committee, any subcommittees and the executive officers. The Committee’s operating expenses shall be borne by the Agency.
      7.   Travel expenses of one Committee member from each Member State shall be reimbursed by the Agency.

         (1)  OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 1558/2007 (OJ L 340, 22.12.2007, p. 1).


title: 2014/696/EU: Decision of the European Parliament and of the Council of 25 September 2014 on the mobilisation of the European Globalisation Adjustment Fund, in accordance with Point 13 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application EGF/2012/010 RO/Mechel from Romania)

text:
               8.10.2014

               EN

               Official Journal of the European Union

               L 292/12

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 25 September 2014
   on the mobilisation of the European Globalisation Adjustment Fund, in accordance with Point 13 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application EGF/2012/010 RO/Mechel from Romania)

      (2014/696/EU)

   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (1), and in particular Article 12(3) thereof,
   Having regard to Regulation (EU) No 1309/2013 of the European Parliament and the Council of 17 December 2013 on the European Globalisation Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (2), and in particular Article 23, second paragraph, thereof,
   Having regard to Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (3), and in particular Article 12 thereof,
   Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (4), and in particular point 13 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

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

               (2)

               The EGF shall not exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Regulation (EU, Euratom) No 1311/2013.

               (3)

               Romania submitted an application to mobilise the EGF, in respect of redundancies in the enterprise SC Mechel Campia Turzii SA and one downstream producer, on 21 December 2012 and supplemented it by additional information up to 4 March 2014. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 3 571 150.

               (4)

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

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2014, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 3 571 150 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 25 September 2014.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         S. GOZI

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

      (2)  OJ L 347, 20.12.2013, p. 855.

      (3)  OJ L 347, 20.12.2013, p. 884.

      (4)  OJ C 373, 20.12.2013, p. 1.