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31994D0409(01)

Council Decision of 25 March 1994 appointing the members and alternate members of the Advisory Committee on Veterinary Training

Official Journal C 100 , 04/09/1994 P. 0001 - 0002

COUNCIL DECISION of 25 March 1994 appointing the members and alternate members of the Advisory Committee on Veterinary Training (94/C 100/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Decision 78/1028/EEC of 18 December 1978 setting up an Advisory Committee on Veterinary Training (1), and in particular Articles 3 and 4 thereof,Whereas, pursuant to Article 3 of that Decision, the Committee consists of three experts from each Member State and an alternate for each of those experts; whereas, pursuant to Article 4 of that Decision, the term of office of those experts and alternates is three years;Whereas by its Decision of 27 July 1990 (2) the Council appointed the members and alternate members of the Committee for the period 27 July 1990 to 26 July 1993;Whereas the Governments of the Member States have each submitted a list of the candidates for the appointment, replacement or renewal of the term of office of those members and alternate members,HAS DECIDED AS FOLLOWS:Sole Article The following are hereby appointed members and alternate members of the Advisory Committee on Veterinary Training for the period 25 March 1993 to 24 March 1997:A. Experts from the practising veterinary profession>TABLE>B. Experts from the veterinary science teaching institutions>TABLE>C. Experts from the competent authorities of the Member States>TABLE>Done at Brussels, 25 March 1994.For the CouncilThe PresidentE. PAPAZOI


DECISION NO. 61 OF 7 APRIL 1967 CONCERNING INTERPRETATION OF ARTICLES 40, PARAGRAPH 8 AND 42, PARAGRAPH 7 OF REGULATION NO. 3 AND OF ARTICLE 9, PARAGRAPH 4 OF REGULATION NO. 4 RELATING TO THE AGGREGATION OF FAMILY ALLOWANCES


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41997D0636

97/636/ECSC: Decision of the representatives of the governments of the Member States, meeting within the Council of 26 September 1997 on certain measures applicable with regard to the Russian Federation concerning trade in certain steel products covered by the ECSC Treaty

Official Journal L 268 , 01/10/1997 P. 0031 - 0033

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL of 26 September 1997 on certain measures applicable with regard to the Russian Federation concerning trade in certain steel products covered by the ECSC Treaty (97/636/ECSC) THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL,In agreement with the Commission,HAVE DECIDED AS FOLLOWS:Article 1 1. Pending the entry into force of the new ECSC steel agreement with the Russian Federation, and in order to avoid disrupting the trade in the products which it covers, following the expiry on 30 September 1997 of the extended 1995-96 agreement, imports into all the Member States of steel products covered by the ECSC Treaty referred to in Annex I originating in the Russian Federation shall be subjected to import authorization until 31 December 1997.2. Authorizations shall be issued only within the limits defined in Article 2. Steel products originating in the Russian Federation covered by an import authorization issued before the date of entry into force of this Decision, and which were already sent to the Community before that date, shall be admitted without the applicable authorization for the products covered by autonomous quota.Article 2 Quantities of authorized imports shall be determined, for each product group and for the whole of the Community, according to the quotas indicated in Annex II.Article 3 1. For the purpose of applying Article 2, the competent authorities of the Member States, before issuing import authorizations, shall notify the Commission of the amounts of the requests for import authorizations, supported by original export licences, which they have received. By return, the Commission shall notify its confirmation that the requested amount(s) of quantities are available for importation in the chronological order in which the notifications of the Member States have been received ('first come, first served` basis).2. The requests included in the notifications to the Commission shall be valid if they establish clearly in each case the exporting country, the product group concerned, the amounts to be imported, the number of the export licence, the quota year and the Member State in which the products are intended to be put into free circulation.3. The notifications referred to in paragraphs 1 and 2 shall be communicated electronically within the integrated network set up for this purpose, unless for imperative technical reasons it is necessary to use other means of communication temporarily.4. The Member States shall issue the licences and forthwith inform the Commission thereof.The Commission shall keep the Member States regularly informed of the extent to which the quantities have been used up.5. The Member States and the Commission shall confer in order to ensure that these quantities are not exceeded.Article 4 Should an agreement between the European Coal and Steel Community and the Russian Federation on trade in certain steel products be concluded and enter into force during the period of application of this Decision, the provisions of that agreement together with any measures taken to give effect to it, shall, as from the date on which the agreement enters into force, replace the provisions of this Decision.Article 5 This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.In order to maintain continuity in the management of the quotas for 1997, this Decision shall apply from 1 October 1997.Done at Brussels, 26 September 1997.The PresidentJ. POOSANNEX I SA. Flat-rolled products SA1. Coils7208 10 007208 25 007208 26 007208 27 007208 36 007208 37 907208 38 907208 39 907211 14 107211 19 207219 11 007219 12 107219 12 907219 13 107219 13 907219 14 107219 14 907225 19 107225 20 207225 30 00SA1.a. Hot-rolled coils for re-rolling7208 37 107208 38 107208 39 10SA2. Heavy plate7208 40 107208 51 107208 51 307208 51 507208 51 917208 51 997208 52 107208 52 917208 52 997208 53 107211 13 00SA3. Other flat-rolled products7208 40 907208 53 907208 54 107208 54 907208 90 107209 15 007209 16 107209 16 907209 17 107209 17 907209 18 107209 18 917209 18 997209 25 007209 26 107209 26 907209 27 107209 27 907209 28 107209 28 907209 90 107210 11 107210 12 117210 12 197210 20 107210 30 107210 41 107210 49 107210 50 107210 61 107210 69 107210 70 317210 70 397210 90 317210 90 337210 90 387211 14 907211 19 907211 23 107211 23 517211 29 207211 90 117212 10 107212 10 917212 20 117212 30 117212 40 107212 40 917212 50 317212 50 517212 60 117212 60 917219 21 107219 21 907219 22 107219 22 907219 23 007219 24 007219 31 007219 32 107219 32 907219 33 107219 33 907219 34 107219 34 907219 35 107219 35 907225 40 80SB. Long products SB1. Beams7207 19 317207 20 717216 31 117216 31 197216 31 917216 31 997216 32 117216 32 197216 32 917216 32 997216 33 107216 33 90SB2. Wire rod7213 10 007213 20 007213 91 107213 91 207213 91 417213 91 497213 91 707213 91 907213 99 107213 99 907221 00 107221 00 907227 10 007227 20 007227 90 107227 90 507227 90 95SB3. Other7207 19 117207 19 147207 19 167207 20 517207 20 557207 20 577214 20 007214 30 007214 91 107214 91 907214 99 107214 99 317214 99 397214 99 507214 99 617214 99 697214 99 807214 99 907215 90 107216 10 007216 21 007216 22 007216 40 107216 40 907216 50 107216 50 917216 50 997216 99 107218 99 207222 11 117222 11 197222 11 217222 11 297222 11 917222 11 997222 19 107222 19 907222 30 107222 40 107222 40 307224 90 317224 90 397228 10 107228 10 307228 20 117228 20 197228 20 307228 30 207228 30 417228 30 497228 30 617228 30 697228 30 707228 30 897228 60 107228 70 107228 70 317228 80 107228 80 907301 10 00ANNEX II QUANTITATIVE LIMITS >TABLE>


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31986D0200

86/200/EEC: Commission Decision of 12 May 1986 establishing an Advisory Committee on the Dissemination of Agricultural Information

Official Journal L 149 , 03/06/1986 P. 0046 - 0047 Finnish special edition: Chapter 3 Volume 21 P. 0070  Swedish special edition: Chapter 3 Volume 21 P. 0070

*****COMMISSION  DECISION  of 12 May 1986  establishing an Advisory Committee on the Dissemination of Agricultural Information  (86/200/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas the work on the dissemination of agricultural information provided for in Article 41 of the Treaty can be coordinated more effectively by cooperation between the Commission and the national experts concerned within a committee of experts;  Whereas, for this purpose, an Advisory Committee on the Dissemination of Agricultural Information should be set up, on which are represented the Member States' agricultural information departments,  HAS DECIDED AS FOLLOWS:  Article 1  There is hereby attached to the Commission an Advisory Committee on the Dissemination of Agricultural Information, hereinafter referred to as 'the Committee'.  Article 2  1. The Committee shall be composed of the heads of the agricultural advisory services of the Member States, each being assisted by a specialist in the area of information transfer.  2. The head of an advisory service may, from time to time and at his own discretion, be replaced at any particular meeting by a member of his service who is the advisory specialist in the subject matter under discussion at that meeting.  Article 3  A representative of the Commission shall chair all meetings of the Committee. Secretarial services for the Committee shall also be provided by the Commission.  Article 4  The Committee may be consulted by the Commission on the most effective ways and means of:  (a) improving the practical effectiveness of the Community-wide inventory of agricultural research (AGREP) and the FAO/EEC Agricultural data base (EUR-AGRIS);  (b) providing the Commission, in liaison with the Standing Committee on Agricultural Research, with all pertinent information on agricultural and farm problems whose solution is vital to the continuing development of the common agricultural policy;  (c) transferring all relevant results of Community research programmes in comprehensible language to advisory services and farmers;  (d) improving, as necessary, the content, methods of implementation and effectiveness of structural policy measures in any given area or region of the Community;  (e) communicating all relevant information on other pertinent aspects of the common agricultural policy to persons working in agriculture throughout the Community.  Article 5  1. The term of office of members of the Committee shall be three years and shall be renewable.  2. On the expiry of the three-year period, members of the Committee shall remain in office until they are replaced or until their term of office is renewed.  3. A member's term of office may be terminated before the expiry of the three-year period by resignation or death. It may also be terminated where the advisory service which the member represents requests that he be replaced. In either case, a person shall be appointed by the advisory service concerned, following appropriate consultation with the Commission, to replace such member for the remainder of the term of office in question.  4. Members shall not be remunerated for their services.  5. A list of members of the Committee shall be published by the Commission for information purposes in the Official Journal of the European Communities.  Article 6  The Committee may set up working groups to assist it in carrying out its work. The Committee shall be convened, as necessary, by the Commission. Representatives of the Commission departments concerned shall take part in meetings of the Committee and its working groups.  Article 7  1. No vote shall be taken on the matters discussed by the Committee.  2. The Commission may, when seeking the opinion of the Committee, set a time limit within which such opinion shall be given. 3. The views expressed by the various advisory services represented shall be included in a summary record forwarded to the Commission.  4. In the event of unanimous agreement being reached in the Committee on the opinion to be given, the Committee shall formulate agreed conclusions and attach them to the summary record.  Article 8  Without prejudice to the provisions of Article 214 of the Treaty, where the Commission informs them that the opinion requested is of a confidential nature, members of the Committee shall be under an obligation not to disclose information which has come to their knowledge through the work of the Committee.  In such cases, only Committee members and representatives of the Commission departments concerned may be present at the meetings.  Article 9  This Decision shall take effect on 12 May 1986.  Done at Brussels, 12 May 1986.  For the Commission  Frans ANDRIESSEN  Vice-President


title: Council Decision of 28 October 1977 appointing a member of the Advisory  Committee on Social Security for Migrant Workers

text:
 No L 293/30                       Official Journal of the European Communities                           17. 11 . 77
                                                           II
                                      (Acts whose publication is not obligatory)
                                                  COUNCIL
                                               COUNCIL DECISION
                                                 of 28 October 1977
              appointing a member of the Advisory Committee on Social Security for Migrant
                                                       Workers
                                                     (77/71 6/EEC)
THE COUNCIL OF THE EUROPEAN                                    Having regard to the nomination submitted by the
COMMUNITIES,                                                   French Government on 17 October 1977,
 Having regard to the Treaty establishing the European
 Economic Community,                                           HAS DECIDED AS FOLLOWS :
 Having regard to Council Regulation (EEC) No                                      Sole Article
 1408/71 of 14 June 1971 on the application of social
security schemes to employed persons and their fami           Miss Rolande Ruellan is hereby appointed member of
 lies moving within the Community ( 1), and in parti-'         the Advisory Committee on Social Security for
cular Article 82 thereof,                                      Migrant Workers in place of Mr Fonteneau for the
                                                               remainder of the latter's term of office, which runs
 Having regard to the Council Decision of 8 February           until 7 February 1979 .
 1977 appointing the members and alternate members
of the Advisory Committee on Social Security for
Migrant Workers for the period ending 7 February               Done at Luxembourg, 28 October 1977.
 1979,
Whereas a seat as member of the above Committee in                                        For the Council
the 'Government representatives' category has fallen                                       The President
vacant following the resignation of Mr Fonteneau noti
 fied to the Council on 17 October 1977,                                                    G. SPITAELS
(•) OJ No L 149, 5.7. 1971 , p. 2.


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31979D0545

79/545/EEC: Commission Decision of 8 June 1979 nominating members of the advisory committee on customs matters

Official Journal L 146 , 14/06/1979 P. 0034 - 0034

****( 1 ) OJ NO L 321 , 22 . 11 . 1973 , P . 37 .  ( 2 ) OJ NO L 299 , 26 . 10 . 1978 , P . 39 .    COMMISSION DECISION   OF 8 JUNE 1979   NOMINATING MEMBERS OF THE ADVISORY COMMITTEE ON CUSTOMS MATTERS  ( 79/545/EEC )   THE COMMISSION OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO THE COMMISSION DECISION OF 7 NOVEMBER 1973 SETTING UP AN ADVISORY COMMITTEE ON CUSTOMS MATTERS ( 1 ), AS AMENDED BY THE DECISION OF 20 OCTOBER 1978 ( 2 ), AND IN PARTICULAR ARTICLES 4 AND 5 THEREOF ,   WHEREAS IT IS FOR THE COMMISSION TO REPLACE OR REAPPOINT MEMBERS OF THE COMMITTEE WHOSE TERM OF OFFICE HAS EXPIRED ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   MR GERECKE ( GERMANY ), REPRESENTATIVE OF RAIL TRANSPORT , IS APPOINTED AS A MEMBER OF THE COMMITTEE IN PLACE OF MR SCHUBERT , WHO HAS RESIGNED , FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH WILL BE UNTIL 5 NOVEMBER 1981 .   ARTICLE 2   THE FOLLOWING SHALL BE NOMINATED MEMBERS OF THE ADVISORY COMMITTEE FOR A PERIOD OF THREE YEARS : MESSRS LYNCH  ( IRELAND ), RAVN ( DENMARK ) AND WROBLEWSKI ( GERMANY ), REPRESENTATIVES OF CONSUMERS .   ARTICLE 3   THIS DECISION SHALL ENTER INTO FORCE ON 15 JUNE 1979 .   DONE AT BRUSSELS , 8 JUNE 1979 .   FOR THE COMMISSION   ETIENNE DAVIGNON   MEMBER OF THE COMMISSION


title: Council Decision (EU) 2015/2169 of 1 October 2015 on the conclusion of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part

text:
               25.11.2015

               EN

               Official Journal of the European Union

               L 307/2

         COUNCIL DECISION (EU) 2015/2169
   of 1 October 2015
   on the conclusion of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 91, 100(2), 167(3) and 207, in conjunction with Article 218(6)(a)(v) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               On 23 April 2007 the Council authorised the Commission to negotiate a free trade agreement with the Republic of Korea, hereinafter referred to as ‘Korea’, on behalf of the European Union and its Member States.

               (2)

               Those negotiations have been concluded and a Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part, hereinafter referred to as ‘the Agreement’, was initialled on 15 October 2009.

               (3)

               In accordance with Council Decision 2011/265/EU of 16 September 2010 on the signing, on behalf of the European Union, and provisional application of the Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (1) the Agreement was signed on behalf of the Union on 6 October 2010, subject to its conclusion at a later date, and applied on a provisional basis.

               (4)

               The Agreement should be approved.

               (5)

               The Agreement does not affect the rights of investors of the Member States to benefit from any more favourable treatment provided for in any agreement related to investment to which a Member State and Korea are Parties.

               (6)

               Pursuant to Article 218(7) of the Treaty, it is appropriate for the Council to authorise the Commission to approve certain limited modifications to the Agreement. The Commission should be authorised to bring about the termination of the entitlement to co-productions as provided for in Article 5 of the Protocol on Cultural Cooperation unless the Commission determines that the entitlement should be continued and this is approved by the Council pursuant to a specific procedure necessitated both by the sensitive nature of this element of the Agreement and by the fact that the Agreement is to be concluded by the Union and its Member States. In addition, the Commission should be authorised to approve modifications to be adopted by the Working Group on Geographical Indications pursuant to Article 10.25 of the Agreement.

               (7)

               It is appropriate to set out the relevant procedures for the protection of Geographical Indications which are given protection pursuant to the Agreement,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Free Trade Agreement between the European Union and its Member States, of the one part, and the Republic of Korea, of the other part (2), is hereby approved on behalf of the Union.
   Article 2
   The President of the Council shall designate the person(s) empowered to proceed on behalf of the Union to give the notification referred to in Article 15.10.2 of the Agreement, in order to express the consent of the Union to be bound by the Agreement.
   Article 3
   1.   The Commission shall provide notice to Korea of the Union's intention not to extend the period of entitlement to co-production pursuant to Article 5 of the Protocol on Cultural Cooperation following the procedure set out in Article 5(8) of the said Protocol unless, on a proposal from the Commission, the Council agrees four months before the end of such period of entitlement to continue the entitlement. If the Council agrees to continue the entitlement this provision shall again become applicable at the end of the renewed period of entitlement. For the specific purposes of deciding on the continuation of the period of entitlement, the Council shall act by unanimity.
   2.   For the purposes of Article 10.25 of the Agreement, modifications of the Agreement through decisions of the Working Group on Geographical Indications shall be approved by the Commission on behalf of the Union. Where interested parties cannot reach agreement following objections relating to a Geographical Indication, the Commission shall adopt such a position on the basis of the procedure laid down in Article 15(2) of Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (3). The period referred to in Article 5(6) of Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (4) shall be set at one month.
   Article 4
   1.   A name protected under Sub-Section C ‘Geographical Indications’ of Chapter Ten of the Agreement may be used by any operator marketing agricultural products, foodstuffs, wines, aromatised wines or spirits conforming to the corresponding specification.
   2.   The Member States and the institutions of the Union shall enforce the protection provided for in Articles 10.18 to 10.23 of the Agreement, including at the request of an interested party.
   Article 5
   The position to be taken by the Union in the Committee on Cultural Cooperation on decisions having legal effects shall be determined by the Council acting in accordance with the Treaty. The representatives of the Union in the Committee on Cultural Cooperation shall comprise senior officials of both the Commission and the Member States who have expertise and experience in cultural matters and practices, and who shall present the position of the Union in accordance with the Treaty.
   Article 6
   The applicable provision for the purposes of adopting the necessary implementing rules for the application of the rules contained in Annex II(a) of the Protocol concerning the Definition of ‘Originating Products’ and Methods of Administrative Cooperation of the Agreement is Article 247a of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (5).
   Article 7
   The Agreement shall not be construed as conferring rights or imposing obligations which can be directly invoked before Union or Member State courts and tribunals.
   Article 8
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 1 October 2015.

            For the Council

            The President

         É. SCHNEIDER

      (1)  OJ L 127, 14.5.2011, p. 1.

      (2)  The Agreement has been published in OJ L 127, 14.5.2011, p. 1, together with the decision on signature.

      (3)  OJ L 93, 31.3.2006, p. 12.

      (4)  OJ L 184, 17.7.1999, p. 23.

      (5)  OJ L 302, 19.10.1992, p. 1.


title: Council Decision of 12 December 1977 replacing a member of the Advisory Committee of the Euratom Supply Agency

text:
No L 11 /22                       Official Journal of the European Communities                     14 . 1 . 78
                                                COUNCIL DECISION
                                                 of 12 December 1977
             replacing a member of the Advisory Committee of the Euratom Supply Agency
                                                      (78/27/ Euratom)
            THE COUNCIL OF THE EUROPEAN COMMUNITIES,
            Having regard to the Statutes of the Euratom Supply Agency ('), as amended by Decision
            73/45/Euratom (2), and in particular Article X thereof,
            Having regard to the Council Decision of 29 March 1977 replacing the members of the
            Advisory Committee of the Euratom Supply Agency,
            Having regard to the opinion of the Commission,
            Whereas a seat has become vacant on the Advisory Committee of the Euratom Supply
            Agency following the resignation of Mr P. Leonardi, and the French Government has
            proposed that he be replaced by Mr A. Faussat,
            HAS DECIDED AS FOLLOWS :
                                                          Article 1
            Mr A. Faussat is hereby appointed a member of the Advisory Committee of the Euratom
            Supply Agency in place of Mr P. Leonardi, who has resigned, for the remainder of the
            latter's term of office, which runs until 28 March 1979 .
                                                          Article 2
            This appointment shall take effect on . the date of this Decision .
            Done at Brussels, 12 December 1977 .
                                                                       For the Council
                                                                        The President
                                                                        A. HUMBLET
             (') OJ No 27, 6. 12. 1958 , p. 534/ 58 .
             (2) OJ No L 83, 30 . 3 . 1973, p. 20 .


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E1997J0424(01)

DECISION of 22 August 1996 on official holidays of the EFTA Court in Luxembourg

Official Journal L 106 , 24/04/1997 P. 0038 - 0038

DECISION of 22 August 1996 on official holidays of the EFTA Court in Luxembourg THE EFTA COURT,Having regard to Article 24 (3) of the Rules of Procedure, which requires the Court to observe the official holidays of the place where it has its seat,Having regard to Article 76 (2) of the Rules of Procedure, which requires the Court to draw up a list of official holidays and to publish it in the EEA Section of and the EEA Supplement to the Official Journal of the European Communities,Having regard to the fact that the moving of the seat of the Court from Geneva, Switzerland, to the City of Luxembourg, Grand Duchy of Luxembourg, as from 1 September 1996, makes it necessary to draw up a revised list of official holidays, replacing the list of official holidays of the EFTA Court as published in the EEA Section of the Official Journal of the European Communities No L 123, of 23 May 1996 and the EEA Supplement to the Official Journal of the European Communities No 23, 23 May 1996,DECIDES:As long as the EFTA Court is seated in Luxembourg, the following days will be observed as official holidays during which the Court will be closed:New Year's DayEaster Monday1 MayAscension DayWhit Monday23 June (National Day of Luxembourg)24 June, where 23 June is a Sunday15 August (Assumption)1 November (All Saints' Day)25 December26 December


title: 2005/781/EC: Council Decision of 6 June 2005 on the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Federative Republic of Brazil

text:
               11.11.2005

               EN

               Official Journal of the European Union

               L 295/37

         COUNCIL DECISION
   of 6 June 2005
   on the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Federative Republic of Brazil
   (2005/781/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 170(2), in conjunction with the first sentence of the first subparagraph of Article 300(2) and Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               The Commission has negotiated, on behalf of the Community, an Agreement for scientific and technological cooperation with the Federative Republic of Brazil.

               (2)

               Subject to its possible conclusion at a later date, the Agreement initialled on 3 December 2002 was signed on 19 January 2004.

               (3)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement for scientific and technological cooperation between the European Community and the Federative Republic of Brazil is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision (2).
   Article 2
   The President of the Council shall, acting on behalf of the Community, give the notification provided for in Article XII of the Agreement.

      Done at Luxembourg, 6 June 2005.

            For the Council

            The President

         J. KRECKÉ

      (1)  Opinion of the European Parliament of 28 April 2005 (not yet published in the Official Journal).

      (2)  See page 38 of this Official Journal.
    ---documentbreak---

               11.11.2005

               EN

               Official Journal of the European Union

               L 295/38

         AGREEMENT
   for scientific and technological cooperation between the European Community and the Federative Republic of Brazil
   THE EUROPEAN COMMUNITY (hereinafter referred to as the Community),
   of the one part,
   and
   THE GOVERNMENT OF THE FEDERATIVE REPUBLIC OF BRAZIL (hereinafter referred to as Brazil),
   of the other part,
   hereinafter together referred to as the ‘Parties’,
   CONSIDERING the Framework Agreement on Cooperation between the Parties concluded on 29 June 1992, which entered into force on 1 November 1995;
   CONSIDERING the importance of science and technology for the economic and social development of the Parties;
   CONSIDERING the present scientific and technological cooperation between the Parties;
   CONSIDERING that the Parties are currently carrying out and supporting research activities, including demonstration projects in a number of areas of common interest, as defined in Article 2(d) of this Agreement, and that mutual benefits may be derived from joint participation in research and development activities based on reciprocity;
   DESIRING to create a formal basis for cooperation in scientific and technological research with a view to extending and intensifying the conduct of cooperative activities in areas of common interest and to encouraging the application of the results of such cooperation to the economic and social benefit of both Parties;
   CONSIDERING that the present Scientific and Technological Cooperation Agreement is part of the general cooperation between Brazil and the Community,
   HAVE AGREED AS FOLLOWS:
   Article I
   Purpose
   The Parties shall encourage, develop and facilitate cooperative activities in areas of common interest by carrying out and supporting scientific and technological research and development activities.
   Article II
   Definitions
   For the purposes of this Agreement:

               (a)

               ‘cooperative activity’ means any activity which the Parties undertake or support, pursuant to this Agreement, including joint research;

               (b)

               ‘information’ means scientific or technical data, and research and development results or methods stemming from joint research and any other data deemed necessary by the participants to cooperative activities, including, as necessary, by the Parties themselves;

               (c)

               ‘intellectual property’ shall have the meaning defined in Article 2 of the Convention establishing the World Intellectual Property Organisation, signed at Stockholm on 14 July 1967;

               (d)

               ‘joint research’ means research, technological development or demonstration projects that are implemented with or without financial support from one or both Parties and that involve collaboration between participants from both Brazil and the Community. ‘Demonstration projects’ are projects aimed at demonstrating the viability of new technologies which offer a potential economic advantage but which cannot be directly commercialised. The Parties shall keep each other regularly informed on activities regarded as joint research activities under Article VI;

               (e)

               ‘participant’ or ‘research entities’ means any person or group of persons, research institute or any other legal entity or undertaking established in Brazil or in the Community involved in cooperative activities, including the Parties themselves.

         Article III
   Principles
   Cooperative activities shall be conducted on the basis of the following principles:

               (a)

               mutual benefit based on an overall balance of advantages;

               (b)

               reciprocal access to the activities of research and technological development undertaken by each Party;

               (c)

               timely exchange of information which may affect cooperative activities;

               (d)

               appropriate protection of intellectual property rights.

         Article IV
   Cooperative activity areas
   Cooperation under this Agreement may cover all the areas of mutual interest in which both Parties are implementing or supporting research and technological development activities (hereinafter referred to as RTD), in accordance with Article VI(3)(b). Such activities shall be designed to promote the advancement of science, industrial competitiveness, and economic and social development, with emphasis on the following areas:

               —

               biotechnology,

               —

               information and communication technologies,

               —

               bioinformatics,

               —

               space,

               —

               micro- and nanotechnologies,

               —

               materials research,

               —

               clean technologies,

               —

               management and sustainable use of environmental resources,

               —

               biosafety,

               —

               health and medicine,

               —

               aeronautics,

               —

               metrology, standardisation and conformity assessment, and

               —

               human sciences.

         Article V
   Cooperation arrangements and cooperative activities
   1.   The Parties shall encourage:

               (a)

               the participation of research entities in the cooperative activities covered by this Agreement, in accordance with their own internal policies and regulations, with a view to providing comparable opportunities for participation in their scientific research and technological development activities and making good use of the benefits thereof;

               (b)

               reciprocal access to the activities promoted by each Party under current national programmes or policies.

         2.   Cooperative activities may take the following forms:

               (a)

               joint RTD projects;

               (b)

               visits and exchanges of scientists, researchers and technical experts;

               (c)

               joint organisation of scientific seminars, conferences, symposia and workshops, as well as the participation of experts in those activities;

               (d)

               concerted actions such as the pooling of RTD projects already implemented in accordance with the procedures applicable to the RTD programmes of each Party and scientific networks;

               (e)

               exchange and sharing of equipment and materials;

               (f)

               exchanges of information on practices, laws, regulations and programmes relevant to cooperation under this Agreement, including information on policy in the field of science and technology;

               (g)

               any other arrangements recommended by the Steering Committee to be established pursuant to Article VI, which are deemed compliant with the policies and procedures applicable in both Parties.

         3.   Joint RTD projects shall be carried out only after the participants have concluded a Joint Technology Management Plan, as indicated in the Annex to this Agreement.
   Article VI
   Coordination and implementation of cooperative activities
   1.   The coordination and expediting of cooperative activities under this Agreement shall be accomplished on behalf of the Community by the services of the European Commission and on behalf of Brazil by the Ministry of Foreign Affairs, acting as executive agents.
   2.   The executive agents shall establish a Steering Committee on scientific and technical cooperation which shall be responsible for the management of this Agreement. The committee shall be made up of official representatives of each Party, and shall draw up its own rules of procedure.
   3.   The duties of the Steering Committee shall include:

               (a)

               proposing and supporting cooperative activities under this Agreement, in accordance with Article V;

               (b)

               indicating, for the following year, pursuant to Article V(1)(b), among the potential sectors for RTD cooperation, those priority sectors or subsectors of mutual interest in which cooperation is sought;

               (c)

               proposing the pooling of projects of mutual interest or complementary projects to researchers in both Parties;

               (d)

               making recommendations pursuant to Article V(2)(g);

               (e)

               advising the Parties on ways to enhance and improve cooperation consistent with the principles set out in this Agreement;

               (f)

               reviewing the efficient implementation and functioning of this Agreement;

               (g)

               providing an annual report to the Parties on the status, the level reached and the effectiveness of cooperation undertaken under this Agreement. This report shall be transmitted to the Joint Committee established under the Framework Cooperation Agreement concluded between the Parties on 29 June 1992.

         4.   The Steering Committee, which reports to the Joint Committee, shall, as a general rule, meet annually, preferably before the meeting of the Joint Committee, according to a schedule agreed jointly in advance. The meetings should be held alternately in the Community and in Brazil. Extraordinary meetings may be held at the request of either Party.
   5.   The costs incurred by representatives in attending the Steering Committee meetings shall be borne by the Party they represent.
   Article VII
   Funding
   Cooperative activities shall be subject to the availability of sufficient funds and to the applicable laws, regulations, policies and programmes of the Parties. The costs incurred by the participants in cooperative activities shall not, as a general rule, be settled by the transfer of funds from one Party to the other.
   Article VIII
   Entry of personnel and equipment
   1.   Each Party shall take all appropriate steps and use its best efforts, within the laws and regulations applicable in the territories of each Party, to facilitate entry to, sojourn in, and exit from its territory, of persons, material, data and equipment related to or used in cooperative activities developed by the Parties under the provisions of this Agreement, which shall be granted exemptions from taxes and customs duties, pursuant to the legislative and regulatory provisions applicable in the territories of each Party.
   2.   Where the specific cooperation arrangements of one Party provide for financial aid to be granted to the participants of the other Party, the grants, financial contributions or similar given by one Party to the participants of the other Party in support of these activities shall be given tax and customs exemptions, pursuant to the legislation applicable in the territories of each Party.
   Article IX
   Intellectual property
   Matters of intellectual property arising under this Agreement shall be handled in accordance with the Annex which forms an integral part of this Agreement.
   Article X
   Community activities in favour of developing countries
   This Agreement shall not affect the participation of Brazil, as a developing country, in Community activities in the field of research for development.
   Article XI
   Territorial application
   This Agreement shall apply, on the one hand to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty, and on the other hand to the territory of the Federative Republic of Brazil.
   Article XII
   Entry into force, termination and dispute settlement
   1.   This Agreement shall enter into force on the date on which both parties have notified each other in writing that the respective internal procedures necessary for it to enter into force have been completed.
   2.   This Agreement shall initially be valid for a period of five years and may be renewed by agreement between the Parties after evaluation during the penultimate year of each subsequent renewal period.
   3.   This Agreement may be amended by agreement of the Parties. Amendments shall enter into force under the same conditions as those mentioned in paragraph 1.
   4.   This Agreement may be terminated at any time by either Party upon six months’ written notice to the other Party sent through diplomatic channels. The expiry or termination of this Agreement shall not affect the validity or duration of any joint research projects in progress under it, or any specific rights and obligations which have accrued in compliance with the Annex.
   5.   All questions or disputes related to the interpretation or implementation of this Agreement shall be settled by agreement between the Parties.
   Done at Brasilia, on the nineteenth day of January in the year two thousand and four, in two originals, in Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish, all versions being equally authentic. In the event of a difference in interpretation between any of these languages, the English text shall take precedence.

         Por la Comunidad Europea
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Voor de Europese Gemeenschap
         Pela Comunidade Europeia
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar

         Por la República Federativa de Brasil
         For Den Føderative Republik Brasilien
         Für die Föderative Republik Brasilien
         Για την Ομοσπονδιακή Δημοκρατία της Βραζιλίας
         For the Federative Republic of Brazil
         Pour la République fédérative du Brésil
         Per la Repubblica Federativa del Brasile
         Voor de Federale Republiek Brazilië
         Pela República Federativa do Brasil
         Brasilian liittotasavallan puolesta
         För Förbundsrepubliken Brasilien

   ANNEX
   INTELLECTUAL PROPERTY
   In accordance with Article IX of this Agreement:

               The Parties shall ensure that the intellectual property created under this Agreement is protected appropriately and effectively.

               The Parties undertake to inform each other in a timely fashion of any inventions or other works produced under this Agreement which may generate intellectual property rights.

         I.   SCOPE

               A.

               For the purposes of this Agreement, ‘intellectual property’ shall have the meaning defined in Article 2 of the Convention establishing the World Intellectual Property Organisation (WIPO), signed at Stockholm on 14 July 1967.

               B.

               This Annex does not otherwise alter or prejudice the allocation of rights, interests and intellectual property between a Party and its nationals or participants, which will be determined by the laws and practices of each Party.

               C.

               Intellectual property disputes arising will be settled by consultation between the participating institutions concerned or, if necessary, by the Parties or their authorised representatives. If agreed by the Parties, disputes may be submitted to an arbitration tribunal, in accordance with the international law provisions applicable in the case. Unless decided otherwise and approved in writing by the Parties or by their authorised representatives, the arbitration standards of the United Nations Commission on International Trade Law (UNCITRAL) will apply.

               D.

               Should either Party believe that a particular joint research project under this Agreement has led, or will lead, to the creation or granting of a type of intellectual property that is not protected by the legislation applicable in the territory of the other Party, the Parties shall immediately hold discussions to find a mutually acceptable solution in accordance with the applicable legislation.

         II.   ALLOCATION OF RIGHTS

               A.

               Each Party, subject to the terms of their own national legislation, may, by means of a contract, have non-exclusive, irrevocable, royalty-free licence to translate, reproduce, adapt, transmit and publicly distribute the articles, reports and technical and scientific books generated directly by the cooperative activities covered by this Agreement, provided that the legal provisions on the ownership and transfer of copyright for the creation of the work are respected. All the copies of works subject to copyright produced in line with these provisions and publicly distributed must mention the names of the authors, except where the authors have specifically declined that right.

               B.

               Rights for all forms of intellectual property not described in Section II A will be allocated as follows:

                           1.

                           Visiting researchers, such as scientists visiting primarily in furtherance of their education, shall receive intellectual property rights under arrangements with their host institutions in accordance with the provisions of the relevant national legislation on the subject. In addition, each visiting researcher named as an inventor shall be entitled, in the same way that the researchers of the host institution are entitled, to a proportional share of any royalties received by the host institution under the licence for the use of the intellectual property.

                           2.

                           Regarding the intellectual property which is or may be created by joint research, the participants will draw up a joint technology management plan to be negotiated in the form of a written contract between the participants in joint research projects establishing in advance the fair and balanced distribution of results or any benefits deriving from the cooperation, considering the relative contribution of the Parties or their participants, and strictly complying with the laws on intellectual property in force in each Party and the international agreements on intellectual property to which the Parties are signatories.

                                       (a)

                                       If the Parties or their participants did not adopt a joint technology management plan in the initial phase of cooperation and if they cannot reach an agreement within a reasonable period, not more than six months, of a Party becoming aware of the creation or likely creation of the intellectual property in question as a result of the joint research, then the Parties must immediately hold discussions in order to find a mutually acceptable solution. Pending resolution of the matter, such intellectual property shall be owned jointly by the Parties or their participants, unless jointly agreed otherwise.

                                       (b)

                                       If a joint research project carried out under this Agreement leads to a creation likely to be protected by intellectual property rights which are not covered by the legislation in force in one of the Parties, the Parties must immediately hold discussions in order to find a mutually acceptable solution in accordance with the applicable legislation.

         III.   CONFIDENTIAL INFORMATION

               A.

               Each Party and its participants must protect any business and/or industrial secrets identified as confidential generated or supplied under this Agreement in accordance with the applicable laws, regulations and practices, as agreed between the Parties.

               B.

               No Party or participant may divulge information identified as confidential without prior authorisation, except to employees that belong to the categories of officials, contractors or subcontractors; the release of information must be strictly limited to the parties involved in the joint research project agreed between the participants, and/or authorised personnel of government bodies associated with the project or this Agreement.

               C.

               The information may be divulged only to parties with written authorisation and must, in no case, be released more widely than is strictly necessary for the execution of tasks, duties or contracts associated with the information released.

               D.

               The recipients of confidential information shall undertake in writing to keep such information confidential, and the Parties must ensure that this obligation is fulfilled.

               E.

               A Party must immediately notify the other Party if it is, or is likely to be, unable to guarantee not to divulge confidential information. The Parties will consult each other to determine what measures are appropriate in such a case.