title: 85/519/EEC: Council Decision of 26 November 1985 concerning the conclusion of a Community-COST Concertation Agreement on a concerted-action project in the field of artificial intelligence and pattern recognition (COST project 13)

text:
No L 322/ 18                              Official Journal of the European Communities                                 3 . 12 . 85
                                                                 II
                                            (Acts whose publication is not obligatory)
                                                        COUNCIL
                                                      COUNCIL DECISION
                                                      of 26 November 1985
                 concerning the conclusion of a Community-COST Concertation Agreement on a
                 concerted-action project in the field of artificial intelligence and pattern
                                                  recognition (COST project 13)
                                                           (85/519/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                            Whereat this Agreement should be approved,
Having regard to the Treaty establishing the European
Economic Community,                                                 HAS DECIDED AS FOLLOWS :
Having regard to the draft Decision submitted by the                                        Article 1
Commission ,
                                                                    The Community-COST Concertation Agreement between
Whereas by its Decision 79/783/EEC ('), as last amended             the European Economic Community and Austria,
by Decision 84/ 559/EEC (2), the Council adopted a                  Finland, Norway, Sweden, Switzerland and Yugoslavia on
multi-annual programme in the field of data processing              a concerted-action project in the field of artificial intelli
including a concerted-action project on artificial intelli         gence and pattern recognition (COST project 13) is
gence and pattern recognition ;                                     hereby approved on behalf of the Community.
Whereas Article 5 ( 1 ) of Decision 79/783/EEC lays down            The text of the Agreement is attached hereto.
that the Community may conclude Agreements with
non-Member States participating in European cooperation
                                                                                Article 2
in the field of scientific and technical research (COST)
with a view to ensuring concerted action between the                The President of the Council shall give the notification
Community activities relating to the collaboration in               provided for in Article 6 ( 1 ) of the Agreement.
research and development and the relevant programmes
of such States ;
                                                                    Done at Brussels , 26 November 1985 .
Whereas Article 5 (2) of the said Decision 79/783/EEC
authorizes the Commission to negotiate the Agreements ;
                                                                                For the Council
Whereas pursuant to the said Article, the Commission has                                            The President
negotiated an Agreement with Austria, Finland, Norway,
Sweden, Switzerland and Yugoslavia ;                                                                 J. F. POOS
(■) OJ No L 231 , 13. 9 . 1979, p. 23 .
 2 OJ No L 308 , 27 . 11 . 1984, p . 49 .


title: Political and Security Committee Decision EUPT/1/2008 of 6 June 2008 amending Decision EUPT/2/2007 appointing the Head of the European Union Planning Team (EUPT Kosovo)

text:
               3.7.2008

               EN

               Official Journal of the European Union

               L 173/30

      POLITICAL AND SECURITY COMMITTEE DECISION EUPT/1/2008
   of 6 June 2008
   amending Decision EUPT/2/2007 appointing the Head of the European Union Planning Team (EUPT Kosovo)
   (2008/545/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union and in particular the third subparagraph of Article 25 thereof,
   Having regard to Council Joint Action 2006/304/CFSP of 10 April 2006 on the establishment of an EU Planning Team (EUPT Kosovo) regarding a possible EU crisis management operation in the field of rule of law and possible other areas in Kosovo (1), and in particular Article 6 thereof,
   Having regard to Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO, and in particular Articles 4(3) and 5(2) thereof (2),
   Whereas:

               (1)

               By Decision EUPT/2/2007 (3), the Political and Security Committee (PSC) decided to appoint Roy REEVE as the Head of the EU Planning Team (EUPT Kosovo) regarding a possible EU crisis management operation in the field of rule of law and possible other areas in Kosovo, with effect as from 1 January 2008.

               (2)

               Article 6 of Joint Action 2006/304/CFSP provides for the Council to authorise the PSC to take the relevant decisions in accordance with Article 25 of the Treaty, including the decision to appoint, upon a proposal by the Secretary-General/High Representative, a Head of the EU Planning Team (EUPT Kosovo),

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The second paragraph of Article 2 of Political and Security Committee Decision EUPT/2/2007 shall be deleted.

      Done at Brussels, 6 June 2008.

            For the Political and Security Committee

            The President

         M. IPAVIC

      (1)  OJ L 112, 26.4.2006, p. 19. Joint Action as last amended by Joint Action 2008/228/CFSP (OJ L 75, 18.3.2008, p. 78).

      (2)  OJ L 42, 16.2.2008, p. 92.

      (3)  OJ L 346, 29.12.2007, p. 29.


title: EFTA Surveillance Authority Decision No 94/16/COL of 11 May 2016 to require Norway not to adopt the measure notified on the basis of Article 4(2) of the Act referred to at point 56g of Annex XIII to the EEA Agreement (Council Directive 97/70/EC setting up a harmonised safety regime for fishing vessels of 24 metres in length and over) regarding vessels using refrigerated seawater tanks to fulfil stability requirements [2016/1891]

text:
               27.10.2016

               EN

               Official Journal of the European Union

               L 292/47

         EFTA SURVEILLANCE AUTHORITY DECISION
   No 94/16/COL
   of 11 May 2016
   to require Norway not to adopt the measure notified on the basis of Article 4(2) of the Act referred to at point 56g of Annex XIII to the EEA Agreement (Council Directive 97/70/EC setting up a harmonised safety regime for fishing vessels of 24 metres in length and over) regarding vessels using refrigerated seawater tanks to fulfil stability requirements [2016/1891]
   THE EFTA SURVEILLANCE AUTHORITY,
   Having regard to the Act referred to at point 56g in Chapter V of Annex XIII to the EEA Agreement (Council Directive 97/70/EC of 11 December 1997 setting up a harmonised safety regime for fishing vessels of 24 metres in length and over (1), as amended (‘the Act’)) as adapted to the EEA Agreement by Protocol 1 thereto, and in particular to Article 4(4)(b) of the Act,
   The measures provided for in this Decision are in accordance with the opinion of the EFTA Transport Committee,
   Acting in accordance with the examination procedure,
   Having regard to Decision 103/13/COL of the EFTA Surveillance Authority (‘the Authority’) of 13 March 2013 empowering the College Member with special responsibility for transport to take certain decisions (Doc. No 578349),
   Whereas:
   On 21 April 2015, a notification of exemption was submitted by the Norwegian Maritime Authority invoking Article 4(2) of the Act with respect to fishing vessels using refrigerated seawater tanks as ballast (Doc. No 754705).
   On 16 September 2015, the Authority informed Norway that it considered that the notification submitted was not supported by sufficient evidence (Doc. No 773295) and invited Norway to either withdraw its notification or to submit additional supporting documents to the existing notification. By email dated 25 September 2015, Norway informed the Authority that additional documentation would be forwarded (Doc. No 774042).
   On 23 November 2015, the Authority received the additional information submitted by the Norwegian Maritime Authority (Doc. No 781516). Thus, it is only from this date that the Authority considers the notification to be duly submitted and, furthermore, it is from this date that the period of six months established by Article 4(4)(b) of the Act starts running.
   According to the Norwegian notification, Norway intends to amend its national legislation to adopt the following exemption:

      ‘In Regulations of 13 June 2000 No 660 concerning the construction, operation, equipment and surveys of fishing vessels 15 m in overall length (LOA) and over, § 3-2 (4), the following wording will be added after the wording “permanently arranged”:
      Vessels using refrigerated seawater (RSW) for storing and cooling the catch can use these tanks to fulfil the stability requirements. These vessels shall be arranged with a system monitoring the exact amount of water in every RSW tank. If the water level is below the minimum requirement according to the approved stability calculations, an alarm signal, both visual and audible, shall be activated in the wheelhouse.’

   Regulation 2 (Stability criteria), Paragraph 3 of Chapter III of Annex I of the Act stipulates that in vessels with a length of less than 45 m ballast shall be permanent, and where permanent, it shall be solid and fixed securely in the vessel. Liquid ballast may only be accepted by an administration of the EEA States, if it is stored in completely filled tanks which are not connected to any pumping system of the vessel. According to the Norwegian description of the exemption, that is not the case.
   Article 4(2) of the Act states that EEA States shall apply the provisions of Regulation 3, Paragraph 3 of Chapter I of the Annex to the Torremolinos Protocol for adopting measures containing exemptions, subject to the procedure laid down in paragraph 4 of the same Article. Pursuant to Paragraph 3 of Regulation 3, vessels that may be exempted shall engage in fishing near the coast, whilst the Norwegian notification indicates that this is not the case (‘a large part of the fishing fleet is involved in pelagic operations at great distances from the harbours’).
   Furthermore, as foreseen also by Regulation 3, Paragraph 3 of Chapter I of the Annex to the Torremolinos Protocol, read in conjunction with Article 4(4) of the Act, Norway shall provide evidence related to the unreasonable and impracticable application of the requirements of the Torremolinos Protocol in view of the distance of the vessel's operating area from its base port in its own country, the type of vessel, the weather conditions and the absence of general navigational hazards.
   Even if Norway has put forward several arguments to justify the exemption such as ‘heavier and less fuel-efficient vessels, increased rolling motion, reduced radius of action, reduced loading capacity and shipowners building larger vessels than needed’ and has also alleged that there has been a lack of incidents in vessels using RSW tanks, these arguments are considered mainly as operational and do not seem to fulfil the requirements for exemptions granted in accordance with Regulation 3, Paragraph 3 of Chapter I of the Annex to the Torremolinos Protocol.
   In framework of the Authority's cooperation with the European Maritime Safety Agency (‘EMSA’) established by Regulation (EC) No 1406/2002 of the European Parliament and of the Council (2), the Authority requested assistance in respect of this notification.
   EMSA's assessment dated 8 October 2015 (Doc. No 776081), concludes that from a technical point of view, the Act is very specific in terms of ballast being permanent and that when it comes to exemptions, the administrations of the EEA States may only accept liquid ballast, stored in completely filled tanks which are not connected to any pumping system of the vessel. This is not the case of the notified measure. Moreover, EMSA outlines that Regulation 3, Paragraph 3 of Chapter I of the Annex to the Torremolinos Protocol applies to vessels sailing near the coast, whereas Norway intends to invoke the exemption for vessels engaged in ‘pelagic fishing operations at great distances from the harbours’.
   After the missing information was received from Norway on 23 November 2015, EMSA was contacted again in December 2015 to update its advice. The latest advice from EMSA based on the additional information submitted by Norway fully confirms the operational nature of the notified measures and, hence, EMSA confirms that its assessment provided in October 2015 remains valid.
   The Authority considers that the measure put forward by Norway does not fulfil the material requirements for exemption as required by the Act since (i) the pumping system suggested by Norway is not eligible for exemption according to the text of the Act; (ii) the vessels to which the potential exemption could be applicable to do not engage in fishing near the coast; and (iii) Norway has not provided evidence as to why the application of the Act is unreasonable and impracticable. Thus, the Authority is of the opinion that the notified exemption is not justified.
   Consequently, the Authority requires that Norway does not adopt the proposed measures,
   HAS ADOPTED THIS DECISION:

               1.

               The proposed measure regarding vessels using refrigerated seawater tanks to fulfil stability requirements notified by Norway on 23 November 2015, pursuant to Article 4(2) of the Act referred to at point 56g in Chapter V of Annex XIII to the EEA Agreement (Directive 97/70/EC) is not justified.

               2.

               Norway shall not adopt the measure regarding vessels using refrigerated seawater tanks to fulfil stability requirements notified on 23 November 2015.

               3.

               This Decision is addressed to Norway.

      Done at Brussels, 11 May 2016.

            For the EFTA Surveillance Authority

         Helga JÓNSDÓTTIR

            College Member

         Carsten ZATSCHLER

            Director

      (1)  OJ L 34, 9.2.1998, p. 1.

      (2)  Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (OJ L 208, 5.8.2002, p. 1).


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31987D0166

87/166/EEC: Council Decision of 16 January 1987 concerning the provisional application of the 1983 International Cocoa Agreement

Official Journal L 069 , 12/03/1987 P. 0024 - 0024 Finnish special edition: Chapter 11 Volume 11 P. 0404  Swedish special edition: Chapter 11 Volume 11 P. 0404

COUNCIL DECISION of 16 January 1987  concerning the provisional application of the 1986 International Cocoa Agreement (87/166/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular  Articles 113 and 116 thereof, Whereas the 1980 International Cocoa Agreement expired on 30 September 1986 and measures have been  taken to ensure that the buffer stock and its resources are maintained until 31 January 1987; Whereas, pursuant to the Council Decision of 30 September 1986, the 1986 International Cocoa  Agreement was signed by the Community and its Member States on 30 September 1986; Whereas it is desirable to ensure that the 1986 Agreement enters into force on a provisional basis  not later than 1 February 1987; whereas, to this end, it is necessary for the Community and its Member States, in  accordance with their requisite internal procedures and once these have been completed, to notify  the Secretary-General of the United Nations Organization of their intention to apply the new  Agreement on a provisional basis, HAS DECIDED AS FOLLOWS: Article 1 Once they have completed the requisite internal procedures, the Community and its  Member States shall notify the Secretary-General of the United Nations Organization of their  intention to apply the 1986 International Cocoa Agreement on a provisional basis, in accordance  with Article 70 thereof. The text of the Agreement is attached to this Decision. Article 2 The President of the Council is hereby authorized to designate the person empowered to  deposit the notification of provisional application on behalf of the Community. Done at Brussels, 16 January 1987. For the CouncilThe PresidentG. VERHOFSTADT


title: 87/549/EEC: Council Decision of 11 December 1986 concerning the provisional application of the Agreement between the European Economic Community and the Hungarian People' s Republic on trade in textile products

text:
21 . 11 . 87                            Official Journal of the European Communities                                          No L 331 / 1
                                                                  II
                                            (Acts whose publication is not obligatory)
                                                       COUNCIL
                                                     COUNCIL DECISION
                                                      of 11 December 1986
                  concerning the provisional application of the Agreement between the European Economic
                         Community and the Hungarian People's Republic on trade in textile products
                                                          ( 87 / 549 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                               textile products shall be applied provisionally as from
                                                                        1 January 1987 pending its formal conclusion provided that
Having regard to the Treaty establishing the European                   there is a reciprocal provisional application on the part of the
Economic Community , and in particular Article 113                      contracting country .
thereof,
Having regard to the proposal from the Commission ,                     The text of the Agreement is attached to this Decision (')•
Whereas the Commission has , on behalf of the European
Economic Community , negotiated an Agreement with
Hungary on trade in textile products ;                                                                 Article 2
Whereas the said Agreement should be applied provisionally
 as from 1 January 1987 pending the completion of the                   The Commission is invited to inform the contracting country
 procedures necessary for its conclusion , provided that there          of this Decision and seek its agreement thereto , which will be
 is a reciprocal provisional application on the part of the             duly communicated to the Council .
contracting country ,
 HAS DECIDED AS FOLLOWS :
                                                                        Done at Brussels , 11 December 1986 .
                           Article 1                                                                                For the Council
                                                                                The President
 The Agreement between the European Economic
 Community and the Hungarian People's Republic on trade in                                                              K. CLARKE
                                                                         (* ) For technical reasons this Agreement is published in the Official
                                                                              Journal of the European Communities in the language in which it
                                                                              was negotiated .


title: Council Decision (EU) 2016/1039 of 16 June 2016 establishing the position to be taken on behalf of the European Union within the General Council of the World Trade Organization on the European Union request for an extension of the WTO waiver relating to the autonomous preferential regime for the Western Balkans

text:
                  28.6.2016

                  EN

                  Official Journal of the European Union

                  L 169/4

            COUNCIL DECISION (EU) 2016/1039
      of 16 June 2016
      establishing the position to be taken on behalf of the European Union within the General Council of the World Trade Organization on the European Union request for an extension of the WTO waiver relating to the autonomous preferential regime for the Western Balkans
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,
      Having regard to the proposal from the European Commission,
      Whereas:

                  (1)

                  Paragraphs 3 and 4 of Article IX of the Marrakesh Agreement establishing the World Trade Organization (‘WTO Agreement’) set out the procedures for waiving an obligation imposed on a Member by the WTO Agreement or by any of the Multilateral Trade Agreements.

                  (2)

                  Council Regulation (EC) No 2007/2000 (1) introducing duty-free or preferential treatment to products originating in the Western Balkans (Albania, Bosnia and Herzegovina, Croatia, the former Yugoslav Republic of Macedonia, Kosovo (*), Montenegro and Serbia) was substantially amended several times and codified by Council Regulation (EC) No 1215/2009 (2). Regulation (EU) No 1336/2011 of the European Parliament and of the Council (3) extended the granting of the autonomous trade preferences until 31 December 2015.
                  Council Regulation (EU) No 517/2013 (4) removed Croatia from the scope of Regulation (EC) No 1215/2009, following its accession to the European Union. Regulation (EU) 2015/2423 of the European Parliament and of the Council (5) extends the granting of the autonomous trade preferences until 31 December 2020. Regulation (EC) No 1215/2009, as most recently amended, provides for free access to the Union market for products originating in the Western Balkan countries and territories, except for certain agricultural products, which benefit from limited concessions in the form of duty free tariff quotas.

                  (3)

                  In the absence of a waiver from the obligations of the Union under paragraph 1 of Article I of the General Agreement on Tariffs and Trade (GATT) 1994 and Article XIII GATT 1994, to the extent necessary, the treatment provided by the autonomous trade preferences would need to be extended to all other Members of the World Trade Organization (WTO).

                  (4)

                  It is in the interest of the Union to request an extension of the WTO waiver on autonomous trade preferences granted by the Union to the Western Balkans pursuant to paragraph 3 of Article IX of the WTO Agreement.

                  (5)

                  The Union is required to submit such a request to the WTO.

                  (6)

                  It is appropriate, therefore, to establish the position to be taken by the Union within the General Council of the WTO concerning this request,

            HAS ADOPTED THIS DECISION:
      Article 1
      The position to be taken on behalf of the European Union within the General Council of the World Trade Organization shall be to request an extension of the existing WTO waiver on the autonomous trade preferences granted by the Union to the Western Balkans until 31 December 2021, and to support the adoption of that request.
      That position shall be expressed by the Commission.
      Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at Luxembourg, 16 June 2016.

               For the Council

               The President

            L.F. ASSCHER

         (1)  Council Regulation (EC) No 2007/2000 of 18 September 2000 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process, amending Regulation (EC) No 2820/98, and repealing Regulations (EC) No 1763/1999 and (EC) No 6/2000 (OJ L 240, 23.9.2000, p. 1).

         (*)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

         (2)  Council Regulation (EC) No 1215/2009 of 30 November 2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process (OJ L 328, 15.12.2009, p. 1).

         (3)  Regulation (EU) No 1336/2011 of the European Parliament and of the Council of 13 December 2011 amending Council Regulation (EC) No 1215/2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's Stabilisation and Association process (OJ L 347, 30.12.2011, p. 1).

         (4)  Council Regulation (EU) No 517/2013 of 13 May 2013 adapting certain regulations and decisions in the fields of free movement of goods, freedom of movement for persons, company law, competition policy, agriculture, food safety, veterinary and phytosanitary policy, transport policy, energy, taxation, statistics, trans-European networks, judiciary and fundamental rights, justice, freedom and security, environment, customs union, external relations, foreign, security and defence policy and institutions, by reason of the accession of the Republic of Croatia (OJ L 158, 10.6.2013, p. 1).

         (5)  Regulation (EU) 2015/2423 of the European Parliament and of the Council of 16 December 2015 amending Council Regulation (EC) No 1215/2009 introducing exceptional trade measures for countries and territories participating in or linked to the European Union's stabilisation and association process and suspending its application with regard to Bosnia and Herzegovina (OJ L 341, 24.12.2015, p. 18).


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32000D0478

2000/478/EC: Council Decision of 20 July 2000 appointing a German alternate member of the Committee of the Regions

Official Journal L 189 , 27/07/2000 P. 0021 - 0021

Council Decisionof 20 July 2000appointing a German alternate member of the Committee of the Regions(2000/478/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 Council Decision of 26 January 1998(1) appointing the members and alternate members of the Committee of the Regions,Whereas a seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Franz Möller, alternate member, notified to the Council on 6 July 2000;Having regard to the proposal from the German Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr Hans-Jörg Duppre is hereby appointed an alternate member of the Committee of the Regions in place of Mr Franz Möller for the remainder of his term of office, which runs until 25 January 2002.Done at Brussels, 20 July 2000.For the CouncilThe PresidentF. Parly(1) OJ L 28, 4.2.1998, p. 19.


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31987D0608

87/608/EEC: Council Decision of 21 December 1987 on the conclusion of the Protocol to the Association Agreement between the European Economic Community and the Republic of Cyprus consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community

Official Journal L 393 , 31/12/1987 P. 0036 - 0036 Finnish special edition: Chapter 11 Volume 13 P. 0158  Swedish special edition: Chapter 11 Volume 13 P. 0158

COUNCIL DECISIONof 21 December 1987on the conclusion of the Protocol to the Association  Agreement between the European Economic Community and the Republic of Cyprus consequent on the  accession of the Kingdom of Spain and the Portuguese Republic to the Community(87/608/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  238 thereof, Having regard to the recommendation from the Commission, Having regard to the assent of the European Parliament (1), Whereas the Protocol to the Association Agreement between the European Economic Community and the  Republic of Cyprus (2), signed at Brussels on 19 December 1972, should be approved, in order to  take into account the accession of the Kingdom of Spain and the Portuguese Republic to the  Community, HAS DECIDED AS FOLLOWS: Article 1The Protocol to the Association Agreement between the European  Economic Community and the Republic of Cyprus consequent on the accession of the Kingdom of Spain  and thePortuguese Republic to the Community is hereby approved on behalf of the Community. The text of the Protocol is attached to this Decision. Article 2The President of the Council shall give the notification provided for in Article 25 of  the Protocol (3). Article 3This Decision shall take effect on the day following that of its publication in the  Official Journal of the European Communities. Done at Brussels, 21 December 1987. For the CouncilThe PresidentB. HAARDERPOR:L393UMBE15.96FF: 8UE0;   SETUP: 01;   Hoehe: 446  mm;   46 Zeilen;   1756 Zeichen; Bediener: HELM   Pr.: C; Kunde: 40807 L393umbe15                (1) Assent delivered on 16 December  1987 (not yet published in the Official Journal). (2) OJ N° L 133, 21. 5. 1973, p. 2. (3) See page 104 of this Official Journal.


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31997D0646

97/646/EC: Commission Decision of 25 September 1997 concerning the appointment of new members and the renewal of the terms of office of the members of the committee of experts on the transit of electricity between grids set up under Decision 92/167/EEC

Official Journal L 272 , 04/10/1997 P. 0054 - 0054

COMMISSION DECISION of 25 September 1997 concerning the appointment of new members and the renewal of the terms of office of the members of the committee of experts on the transit of electricity between grids set up under Decision 92/167/EEC (97/646/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Commission Decision 92/167/EEC of 4 March 1992 setting up a committee of experts on the transit of electricity between grids under the aegis of the Commission (1), last amended by Decision 97/559/EC (2), and in particular Article 4 (2),Whereas several members have resigned and the term of office of other members expired; new appointments are necessary to take place within the committee following consultation of the circles involved concerning the representatives of the high voltage grids and the Eurelectric representative;Whereas the term of office of its members may be renewed for one further period,HAS DECIDED AS FOLLOWS:Article 1 The following shall be appointed to the position of new members of the committee of experts on the transit of electricity between grids:- as representatives of the high-voltage grids:For Ireland:Mrs Ann Scully, Commercial Manager, Grid Department, ESB, to replace the outgoing Mr MacDyerFor Italy:Mr Luigi Vergelli, Commercial Director, Transmission Division, ENEL, to replace the outgoing Mr GattaFor Portugal:Mr João Nascimento Baptista, Chairman, REN (Rede Eléctrica Nacional), to replace the outgoing Mr MoreiraFor Greece:Mr Raphael Maiopoulos, Assistant General Manager (Transmission), PPC, to replace the outgoing Mr PapastefanouFor Finland:Mr Juha Kekkonen, Executive Vice-President, Corporate Planning, Business Development, Communication Finnish Power Grid Limited (Fingrid), to replace the outgoing Mr Lindroos,- as the Eurelectric representative:Mr Allen Lima, Executive Director of the REN, future Chairman of the UCPTE, to replace the outgoing Mr Paz-Goday.Article 2 The following terms of office shall be renewed for a further four years:- those of independent experts Mr Carter, Mr Declercq and Mr Schmitt,- those of the high-voltage-grid representatives:Mr Jacob, for FranceMr Lowen, for the United KingdomMr Maas, for the NetherlandsMr Novalès, for SpainMr Ring-Nielsen, for DenmarkMr Waha, for Belgium.Article 3 This Decision shall take effect on the second day following its publication in the Official Journal of the European Communities.Done at Brussels, 25 September 1997.For the CommissionChristos PAPOUTSISMember of the Commission(1) OJ L 74, 20. 3. 1992, p. 43.(2) OJ L 230, 21. 8. 1997, p. 18.


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32000D0471

2000/471/EC: Decision of the European Parliament of 13 April 2000 granting discharge to the Commission in respect of the decisions on clearance of accounts of the Guarantee Section of the EAGGF for the 1993, 1994 and 1995 financial years

Official Journal 040 , 07/02/2001 P. 0403 - 0404

Decision of the European Parliamentof 13 April 2000granting discharge to the Commission in respect of the decisions on clearance of accounts of the Guarantee Section of the EAGGF for the 1993, 1994 and 1995 financial years(2000/471/EC)THE EUROPEAN PARLIAMENT,Having regard to the revenue and expenditure accounts and the financial statement for the 1993, 1994 and 1995 financial years (C4-0128/1998 - C4-0372/1998 - C5-0167/2000),Having regard to the summary reports on the results of inspections concerning the clearance of the EAGGF Guarantee Section accounts for 1993, 1994 and 1995,Having regard to the Annual Report of the Court of Auditors concerning the 1997 financial year(1) and the Annual Report concerning 1998(2),Having regard to the special reports of the Court of Auditors for the 1993 financial year(3) and on the management of Community cereals trade involving export refunds, special import arrangements and regional aid schemes(4),Having regard to the EC Treaty and, in particular, to Article 276 thereof,Having regard to Rule 93 of and to Annex V to the Rules of Procedure,Having regard to the report of the Committee on Budgetary Control (A5-0095/2000),1. Notes that the financial correction for expenditure of EUR 32397 million in financial year 1993, decided on 23 April 1997 and 30 July 1997, amounted to EUR 744 million.2. Notes that the financial correction for expenditure of EUR 33593 million in financial year 1994, decided on 6 May 1998(5) amounted to EUR 308 million.3. Notes that the financial correction for expenditure of EUR 34503 million in financial year 1995, taken on 3 February 1999 and 28 July 1999 and 1 March 2000, amounted to EUR 595 million.4. Grants discharge to the Commission, subject to the receipt of further information concerning the Fléchard case, the export refund scheme and the operation of the common organisation of markets, in respect of the clearance of accounts for the 1993, 1994 and 1995 financial years.5. Records its comments in the resolution which forms part of this Decision.6. Instructs its President to forward this Decision and the resolution containing its comments to the Commission, the Council, the Court of Justice, the Court of Auditors and the European Investment Bank and to have them published in the Official Journal of the European Communities (L series).The Secretary-GeneralJulian PriestleyThe PresidentNicole Fontaine(1) OJ C 349, 17.11.1998.(2) OJ C 349, 3.12.1999.(3) OJ C 52, 21.2.1997 and OJ C 121, 20.4.1998.(4) OJ C 159, 26.5.1997.(5) See Commission Decision 98/358/EC (OJ L 163, 6.6.1998, p. 28).


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31990D0132

90/132/EEC: Council Decision of 26 February 1990 concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Kingdom of Sweden in the field of medical and health research

Official Journal L 074 , 20/03/1990 P. 0026

COUNCIL DECISION of 26 February 1990 concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Kingdom of Sweden in the field of medical and health research (90/132/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 130q (2) thereof,  Having regard to the proposal from the Commission (1),  In cooperation with the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas by Decision 87/551/EEC (4), the Council adopted a research and development coordination programme of the Community in the field of medical and health research (1987 to 1991); whereas Article 7 (2) of that Decision authorizes the Commission to  negotiate Agreements with the non- member States participating in European cooperation in the field of scientific and technical research (COST) with a view to associating them wholly or partly with that programme;  Whereas by Decision 87/177/EEC (5), the Council approved the conclusion on behalf of the European Economic Community of the Framework Agreement for scientific and technical cooperation between the European Communities and, among others, the Kingdom of  Sweden;  Whereas the Cooperation Agreement between the European Economic Community and the Kingdom of Sweden in the field of medical and health research should be approved,  HAS DECIDED AS FOLLOWS:    Article 1 The Cooperation Agreement between the European Economic Community and the Kingdom of Sweden in the field of medical and health research is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2 The President of the Council shall carry out, on behalf of the Community, the notification as provided for in Article 7 of the Agreement (6).   Done at Brussels, 26 February 1990.  For the Council The President M. SMITH   (1) OJ No C 223, 30. 8. 1989, p. 27. (2) OJ No C 304, 4. 12. 1989, p. 33 and Decision of 14 February 1990 (not yet published in the Official Journal). (3) OJ No C 56, 7. 3. 1990. (4) OJ No L 334, 24. 11. 1987, p. 20. (5) OJ No L 71, 14. 3. 1987, p. 29. (6) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


title: 2012/437/CFSP: Political and Security Committee Decision EU BAM Rafah/2/2012 of  24 July 2012 extending the mandate of the Head of the European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) ad interim

text:
               27.7.2012

               EN

               Official Journal of the European Union

               L 200/18

         POLITICAL AND SECURITY COMMITTEE DECISION EU BAM RAFAH/2/2012
   of 24 July 2012
   extending the mandate of the Head of the European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) ad interim

   (2012/437/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Joint Action 2005/889/CFSP of 25 November 2005 on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (1), and in particular Article 10(1) thereof,
   Whereas:

               (1)

               Under Article 10(1) of Joint Action 2005/889/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of the EU BAM Rafah mission, including in particular the decision to appoint a Head of Mission.

               (2)

               On 3 July 2012, by Decision 2012/382/CFSP (2), the PSC, on a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR), appointed Mr Davide PALMIGIANI Head of the EU BAM Rafah mission, ad interim, for the period from 1 July 2012 to 31 July 2012.

               (3)

               The HR has proposed that the mandate of Mr Davide PALMIGIANI as Head of the EU BAM Rafah mission, ad interim, be extended for a further period of two months, from 1 August 2012 to 30 September 2012,

         HAS ADOPTED THIS DECISION:
   Article 1
   The mandate of Mr Davide PALMIGIANI as Head of the European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah), ad interim, is hereby extended until 30 September 2012.
   Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 August 2012.

      Done at Brussels, 24 July 2012.

            For the Political and Security Committee

            The Chairperson

         O. SKOOG

      (1)  OJ L 327, 14.12.2005, p. 28.

      (2)  OJ L 186, 14.7.2012, p. 30.


Important legal notice

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E1999C0422(01)

Authorisation for State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) of Protocol 3 to the Surveillance and Court Agreement - EFTA Surveillance Authority decision not to raise objections

Official Journal C 111 , 22/04/1999 P. 0009 - 0009

Authorisation for State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) of Protocol 3 to the Surveillance and Court AgreementEFTA Surveillance Authority decision not to raise objections(1999/C 111/06)Date of adoption: 16.12.1998EFTA State: NorwayAid No: 98-008Title: Merger and amendments of two existing aid schemes, "Regional investment grants" (ex aid No 93-143) and "Grants for development of business and industry" (ex aid No 93-153) into a new scheme: "Regional development grants"Objective: Aid for regional developmentLegal basis: - Law on the industrial and regional development fund of 3 July 1992, No 97- Regulations for SND of 4 January 1993Aid intensity: Investment grants in target zone:- A: 30 % NGE plus SME supplement of 15 % gross- B: 25 % NGE plus SME supplement of 5 % gross- C: 15 % NGE plus SME supplement of 10 % grossR& D grants for SMEs up to 50 % grossDuration: From 1 January 1999 until 31 December 1999


title: EFTA Surveillance Authority Decision No 328/05/COL of 20 December 2005 amending for the 53rd time the Procedural and Substantive Rules in the Field of State Aid by introducing a new Chapter 18C: State aid in the form of public service compensation

text:
               26.4.2007

               EN

               Official Journal of the European Union

               L 109/44

         EFTA SURVEILLANCE AUTHORITY DECISION

   No 328/05/COL
   of 20 December 2005
   amending for the 53rd time the Procedural and Substantive Rules in the Field of State Aid by introducing a new Chapter 18C: State aid in the form of public service compensation
   THE EFTA SURVEILLANCE AUTHORITY,
   HAVING REGARD TO the Agreement on the European Economic Area (1), in particular to Articles 61 to 63 and Protocol 26 thereof,
   HAVING REGARD TO the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice (2), in particular to Article 24, Article 5(2)(b) and Article 1 in Part I of Protocol 3 and Articles 18 and 19 in Part II of Protocol 3 thereof,
   WHEREAS under Article 24 of the Surveillance and Court Agreement, the EFTA Surveillance Authority shall give effect to the provisions of the EEA Agreement concerning State aid;
   WHEREAS under Article 5(2)(b) of the Surveillance and Court Agreement the EFTA Surveillance Authority shall issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressly so provides or if the EFTA Surveillance Authority considers it necessary;
   RECALLING the Procedural and Substantive Rules in the Field of State Aid (3) adopted on 19 January 1994 by the EFTA Surveillance Authority (4);
   WHEREAS, on 13 July 2005, the European Commission adopted a Communication framework setting out the rules for State aid in the form of public service compensation (5);
   WHEREAS this Communication is also of relevance for the European Economic Area;
   WHEREAS a uniform application of the EEA State aid rules is to be ensured throughout the European Economic Area;
   WHEREAS, according to point II under the heading ‘GENERAL’ at the end of Annex XV to the EEA Agreement, the EFTA Surveillance Authority is to adopt, after consultation with the Commission, acts corresponding to those adopted by the European Commission;
   HAVING consulted the European Commission;
   RECALLING that the EFTA Surveillance Authority has consulted the EFTA States by letter dated 19 October 2005 on the subject,
   HAS ADOPTED THIS DECISION:

               1.

               The State Aid Guidelines shall be amended by introducing a new Chapter 18C, State aid in the form of public service compensation. The new chapter is contained in Annex I to this Decision. Appropriate measures, contained in Annex I to this Decision, are proposed.

               2.

               The EFTA States shall be informed by means of a letter, including a copy of this Decision and including the Annex thereto. The EFTA States are requested to signify their agreement to the proposal for appropriate measures within one month from receipt of this proposal.

               3.

               The European Commission shall be informed, in accordance with point (d) of Protocol 27 of the EEA Agreement, by means of a copy of this Decision, including Annex I.

               4.

               The Decision, including Annex I, shall be published in the EEA Section of and in the EEA Supplement to the Official Journal of the European Union.

               5.

               In case the EFTA States accept the proposal for appropriate measures, a summary notice shall be published in the EEA Section of and in the EEA Supplement to the Official Journal of the European Union (attached in Annex II to this Decision).

               6.

               The Decision is authentic in the English language.

      Done at Brussels, 20 December 2005.

            For the EFTA Surveillance Authority

         Einar M. BULL

            President

         Kurt JÄGER

            College Member

      (1)  Hereinafter referred to as the EEA Agreement.

      (2)  Hereinafter referred to as the Surveillance and Court Agreement.

      (3)  Hereinafter referred to as the State Aid Guidelines.

      (4)  Initially published in OJ L 231, 3.9.1994, and in the EEA Supplement thereto No 32 on the same date, last amended by Decision No 313/05/COL of 7.12.2005 (not yet published).

      (5)  Community framework for State aid in the form of public service compensation (OJ C 297 of 29.11.2005, p. 4).

      ANNEX

         ‘18C.   STATE AID IN THE FORM OF PUBLIC SERVICE COMPENSATION (1)

         18C.1.   Purpose and scope

                     (1)

                     It is apparent from the caselaw of the Court of Justice of the European Communities (2), that public service compensation does not constitute State aid within the meaning of Article 87(1) of the EC Treaty if it fulfils certain conditions. However, if public service compensation does not meet these conditions and if the general criteria for the applicability of Article 87(1) of the EC Treaty are satisfied, such compensation constitutes State aid. In the Authority’s view, this case law applies equally in the context of Article 61(1) of the EEA Agreement.

                     (2)

                     The European Commission Decision 2005/842/EC of 28 November 2005 on the application of Article 86(2) of the EC Treaty to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest (3) lays down the conditions under which certain types of public service compensation constitute State aid compatible with Article 86(2) of the EC Treaty and exempts compensation satisfying those conditions from the prior notification requirement. The Decision has not yet been incorporated into the EEA Agreement (4). Public service compensation which constitutes State aid and does not fall within the scope of Decision 2005/842/EC will still be subject to the prior notification requirement, also after that Decision has been adopted. The purpose of these guidelines is to spell out the conditions under which such State aid can be found compatible with the functioning of the EEA Agreement pursuant to Article 59(2) of the EEA Agreement.

                     (3)

                     These guidelines are applicable to public service compensation granted to undertakings in connexion with activities subject to the rules of the EEA Agreement, with the exception of the transport sector, and the public service broadcasting sector covered by the EFTA Surveillance Authority’s guidelines on the application of State aid rules to public service broadcasting (5).

                     (4)

                     The provisions of these guidelines apply without prejudice to the stricter specific provisions relating to public service obligations contained in sectoral EEA rules and measures.

                     (5)

                     These guidelines apply without prejudice to the provisions in force in the field of public procurement and competition (in particular Articles 53 and 54 of the EEA Agreement).

               18C.2.   Conditions governing the compatibility of public service compensation that constitutes State aid
         18C.2.1.   General provisions

                     (6)

                     In its judgment in Altmark
                         (6), the Court of Justice of the European Communities laid down the conditions under which public service compensation does not constitute State aid as follows:

                                 “[…]

                                 First, the recipient undertaking must actually have public service obligations to discharge, and the obligations must be clearly defined […].

                                 […]

                                 Second, the parameters on the basis of which the compensation is calculated must be established in advance in an objective and transparent manner, to avoid it conferring an economic advantage which may favour the recipient undertaking over competing undertakings. […] Payment by a Member State of compensation for the loss incurred by an undertaking without the parameters of such compensation having been established beforehand, where it turns out after the event that the operation of certain services in connection with the discharge of public service obligations was not economically viable, therefore constitutes a financial measure which falls within the concept of State aid within the meaning of Article 87(1) of the Treaty.

                                 […]

                                 Third, the compensation cannot exceed what is necessary to cover all or part of the costs incurred in the discharge of public service obligations, taking into account the relevant receipts and a reasonable profit […].

                                 […]

                                 Fourth, where the undertaking which is to discharge public service obligations, in a specific case, is not chosen pursuant to a public procurement procedure which would allow for the selection of the tenderer capable of providing those services at the least cost to the community, the level of compensation needed must be determined on the basis of an analysis of the costs which a typical undertaking, well run and adequately provided with means of transport so as to be able to meet the necessary public service requirements, would have incurred in discharging those obligations, taking into account the relevant receipts and a reasonable profit for discharging the obligations.”

                     (7)

                     Where these four criteria are met, public service compensation does not constitute State aid, and Articles 61 of the EEA Agreement and Article 1 in Part I of Protocol 3 to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court (hereinafter: the “Surveillance and Court Agreement”) do not apply. If the EFTA States do not respect these criteria and if the general criteria for the applicability of Article 61(1) of the EEA Agreement are met, public service compensation constitutes State aid.

                     (8)

                     The Authority considers that at the current stage of development of the EEA Agreement, such State aid may be declared compatible with the EEA Agreement under Article 59(2) of the EEA Agreement if it is necessary to the operation of the services of general economic interest and does not affect the development of trade to such an extent as would be contrary to the interests of the Contracting Parties. The following conditions should be met in order to achieve such balance.

               18C.2.2.   Genuine service of general economic interest within the meaning of Article 59 of the EEA Agreement

                     (9)

                     It is apparent from the caselaw of the Court of Justice of the European Communities that with the exception of the sectors in which there are rules of the EEA Agreement governing the matter, the EFTA States have a wide margin of discretion regarding the nature of services that could be classified as being services of general economic interest. Thus, the Authority’s task is to ensure that this margin of discretion is applied without manifest error as regards the definition of services of general economic interest.

                     (10)

                     It transpires from Article 59(2) of the EEA Agreement that undertakings (7) entrusted with the operation of services of general economic interest are undertakings entrusted with “a particular task”. When defining public service obligations and in assessing whether those obligations are met by the undertakings concerned, the EFTA States are encouraged to consult widely, with a particular emphasis on users.

               18C.2.3.   Need for an instrument specifying the public service obligations and the methods of calculating compensation

                     (11)

                     The concept of service of general economic interest within the meaning of Article 59 of the EEA Agreement means that the undertakings in question have been entrusted with a special task by the State (8). Public authorities remain responsible — with the exception of the sectors in which there are EEA rules governing the matter — for setting the framework of criteria and conditions for the provision of services, regardless of the legal status of the provider and of whether the service is provided on the basis of free competition. Accordingly, a public service assignment is necessary in order to define the obligations of the undertakings in question and of the State. The term “State” covers the central, regional and local authorities.

                     (12)

                     Responsibility for operation of the service of general economic interest must be entrusted to the undertaking concerned by way of one or more official acts, the form of which may be determined by each EFTA State. The act or acts must specify, in particular:

                                 (a)

                                 the precise nature and the duration of the public service obligations;

                                 (b)

                                 the undertakings and territory concerned;

                                 (c)

                                 the nature of any exclusive or special rights assigned to the undertaking;

                                 (d)

                                 the parameters for calculating, controlling and reviewing the compensation;

                                 (e)

                                 the arrangements for avoiding and repaying any overcompensation.

                     (13)

                     When defining public service obligations and in assessing whether those obligations are met by the undertakings concerned, the EFTA States are invited to consult widely, with particular emphasis on users.

               18C.2.4.   Amount of compensation

                     (14)

                     The amount of compensation may not exceed what is necessary to cover the costs incurred in discharging the public service obligations, taking into account the relevant receipts and reasonable profit for discharging those obligations. The amount of compensation includes all the advantages granted by the State or through State resources in any form whatsoever. The reasonable profit may include all or some of the productivity gains achieved by the undertakings concerned during an agreed limited period without reducing the level of quality of the services entrusted to the undertaking by the State.

                     (15)

                     In any event, compensation must be actually used for the operation of the service of general economic interest concerned. Public service compensation granted for the operation of a service of general economic interest, but actually used to operate on other markets is not justified, and consequently constitutes incompatible State aid. The undertaking receiving public service compensation may, however, enjoy a reasonable profit.

                     (16)

                     The costs to be taken into consideration include all the costs incurred in the operation of the service of general economic interest. Where the activities of the undertaking in question are confined to the service of general economic interest, all its costs may be taken into consideration. Where the undertaking also carries out activities falling outside the scope of the service of general economic interest, only the costs associated with the service of general economic interest may be taken into consideration. The costs allocated to the service of general economic interest may cover all the variable costs incurred in providing the service of general economic interest, an appropriate contribution to fixed costs common to both the service of general economic interest and other activities and an adequate return on the own capital assigned to the service of general economic interest (9). The costs linked with investments, notably concerning infrastructure, may be taken into account when necessary for the functioning of the service of general economic interest. The costs linked to any activities outside the scope of the service of general economic interest must cover all the variable costs, an appropriate contribution to fixed common costs and an adequate return on capital. These costs may, under no circumstances, be imputed to the service of general economic interest. The calculation of costs must follow the criteria which have previously been defined and be based on generally accepted cost accounting principles which must be brought to the knowledge of the Authority in the context of the notification in accordance with provisions of Article 1(3) in Part I of Protocol 3 to the Surveillance and Court Agreement.

                     (17)

                     The revenue to be taken into account must include at least the entire revenue earned from the service of general economic interest. If the undertaking in question holds special or exclusive rights linked to a service of general economic interest that generates profit in excess of the reasonable profit, or benefits from other advantages granted by the State, these must be taken into consideration, irrespective of their classification for the purposes of Article 61 of the EEA Agreement, and are added to its revenue. The EFTA State may also decide that the profits accruing from other activities outside the scope of the service of general economic interest must be allocated in whole or in part to the financing of the service of general economic interest.

                     (18)

                     “Reasonable profit” should be taken to mean a rate of return on own capital that takes account of the risk, or absence of risk, incurred by the undertaking by virtue of the intervention by the EFTA State, particularly if the latter grants exclusive or special rights. This rate must normally not exceed the average rate for the sector concerned in recent years. In sectors where there is no undertaking comparable to the undertaking entrusted with the operation of the service of general economic interest, a comparison may be made with undertakings situated in other EEA States, or if necessary, in other sectors, provided that the particular characteristics of each sector are taken into account. In determining what amounts to a reasonable profit, the EFTA State may introduce incentive criteria relating, among other things, to the quality of service provided and gains in productive efficiency.

                     (19)

                     When a company carries out activities falling both inside and outside the scope of the service of general economic interest, the internal accounts must show separately the costs and receipts associated with the service of general economic interest and those associated with other services, as well as the parameters for allocating costs and revenues. Where an undertaking is entrusted with the operation of several services of general economic interest either because the authority assigning the service of general economic interest is different or because the nature of the service of general economic interest is different, the undertaking’s internal accounts must make it possible to ensure that there is no overcompensation at the level of each service of general economic interest. These principles are without prejudice to the provisions of the Act mentioned under point 1 of Annex XV to the EEA Agreement (Commission Directive 80/723/EEC on the transparency of financial relations between Member States and certain undertakings, as amended) in cases where that Act applies.

               18C.3.   Overcompensation

                     (20)

                     The EFTA States must check regularly, or arrange for checks to be made, to ensure that there has been no overcompensation. Since overcompensation is not necessary for the operation of the service of general economic interest, it constitutes incompatible State aid that must be repaid to the State, and for the future, the parameters for the calculation of the compensation must be updated.

                     (21)

                     Where the amount of overcompensation does not exceed 10 % of the amount of annual compensation, such overcompensation may be carried forward to the next year. Some services of general economic interest may have costs that vary significantly each year, notably as regards specific investments. In such cases, exceptionally, overcompensation in excess of 10 % in certain years may prove necessary for the operation of the service of general economic interest. The specific situation which may justify overcompensation in excess of 10 % should be explained in the notification to the Authority. However, the situation should be reviewed at intervals determined on the basis of the situation in each sector which, in any event, should not exceed four years. All overcompensation discovered at the end of that period should be repaid.

                     (22)

                     Any overcompensation may be used to finance another service of general economic interest operated by the same undertaking, but such a transfer must be shown in the undertaking’s accounts and be carried out in accordance with the rules and principles set out in these guidelines, notably as regards prior notification. The EFTA States must ensure that such transfers are subjected to proper control. The transparency rules laid down in the Act referred to under point 1 of Annex XV to the EEA Agreement (Commission Directive 80/723/EEC, as amended) apply.

                     (23)

                     The amount of overcompensation cannot remain available to an undertaking on the ground that it would rank as aid compatible with the EEA Agreement (for example environmental aid, employment aid and aid for small and medium-sized enterprises). If an EFTA State wishes to grant such aid, the prior notification procedure laid down in Article 1(3) in Part I of Protocol 3 to the Surveillance and Court Agreement should be complied with. Aid may be disbursed only if it has been authorised by the Authority. If such aid is compatible with a block exemption regulation, the conditions of the relevant block exemption regulation must be fulfilled.

               18C.4.   Conditions and obligations attached to Decisions of the Authority

                     (24)

                     According to Article 7(4) in Part II of Protocol 3 to the Surveillance and Court Agreement (10), the Authority may attach to a positive decision conditions subject to which an aid may be considered compatible with the functioning of the EEA Agreement, and lay down obligations to enable compliance with the decision to be monitored. In the field of services of general economic interest, conditions and obligations may be necessary notably to ensure that aid granted to the undertakings concerned does not actually lead to overcompensations. In this context, periodical reports or other obligations may be necessary, in the light of the specific situation of each service of general economic interest.

               18C.5.   Application of the Guidelines

                     (25)

                     These guidelines will apply as of their adoption by the Authority. Their validity will end six years after its entry into force. The Authority may, after consulting the EFTA States, amend these guidelines before their date of expiry for important reasons linked to the development of the functioning of the EEA Agreement. Four years after the date of adoption of these guidelines, the Authority will undertake an impact assessment based on factual information and the results of wide consultations conducted by the Authority on the basis, notably, of data provided by the EFTA States. The results of the impact assessment will be made available to the EFTA States.

                     (26)

                     The Authority will apply the provisions of these guidelines to all aid projects notified to it and will take a decision on those projects after adoption of the guidelines, even if the projects were notified prior to adoption. In the case of non-notified aid, the Authority will apply:

                                 —

                                 the provisions of these guidelines if the aid was granted after the adoption of these guidelines;

                                 —

                                 the provisions in force at the time the aid was granted, in all other cases.

               18C.6.   Appropriate measures

                     (27)

                     The Authority proposes as appropriate measures for the purposes of Article 1(1) in Part I of Protocol 3 to the Surveillance and Court Agreement that the EFTA States bring their existing schemes regarding public service compensation into line with these guidelines, within 18 months following the notification of the decision to the EFTA State. The EFTA States should confirm to the Authority within one month of the notification of the decision to them that they agree to the appropriate measures proposed. In the absence of any reply, the Authority will take it that the EFTA State concerned does not agree.

         (1)  This chapter corresponds to the Community framework for State aid in the form of public service compensation, OJ C 297, 29.11.2005, p. 4.

         (2)  Judgments in Case C-280/00, Altmark Trans GmbH and Regierungspräsidium Magdeburg v Nahverkehrsgesellschaft Altmark GmbH, [2003] ECR I-7747 and Joined Cases C-34/01 to C-38/01 Enirisorse SpA [2003] ECR I-14243.

         (3)  Commission Decision of 28 November 2005 on the application of Article 86(2) of the EC Treaty to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest, OJ L 312, 29.11.2005, p. 67.

         (4)  Hence, until the decision has been incorporated into the EEA legal framework, these types of public service compensations are subject to the general notification requirements as stipulated in Article 1(3) in Part I and Article 2 in Part II of Protocol 3 to the Surveillance and Court Agreement.

         (5)  Chapter 24C of the State Aid Guidelines.

         (6)  See footnote 2.

         (7)  “Undertaking” is to be understood as any entity engaged in an economic activity, regardless of the legal status of the entity and the way in which it is financed. “Public undertaking” is to be understood as any undertaking over which the public authorities may exercise directly or indirectly a dominant influence by virtue of their ownership of it, their financial participation therein, or the rules which govern it, as defined in Article 2(1)(b) of the Act referred to under point 1 of Annex XV to the EEA Agreement, Commission Directive 80/723/EEC on the transparency of financial relations between Member States and undertakings (OJ L 195, 29.7.1980, p. 35, as last amended by Directive 2000/52/EC, OJ L 193, 29.7.2000, p. 75, incorporated into Annex XV to the EEA Agreement by Joint Committee Decision 6/2001, OJ L 66, 8.3.2001, p. 48, and EEA Supplement No 12, 8.3.2001, p. 6, e.i.f. 1.6.2002).

         (8)  See, in particular, the judgment in Case C-127/73 BRT v SABAM [1974] ECR-313.

         (9)  See Joined Cases C-83/01P, C-93/01P and C-94/01P Chronopost SA [2003] ECR I-6993.

         (10)  Corresponding to Council Regulation No 659/1999 of 22 March 1999 laying down detailed rules for the application of Article 88 of the EC Treaty.’


Avis juridique important

|

31983D0185

83/185/EEC: Council Decision of 28 March 1983 giving a discharge to the Commission in respect of the implementation of the operations of the European Development Fund (1963) (Second EDF) for the financial year 1981

Official Journal L 109 , 26/04/1983 P. 0003 - 0004

+++++( 1 ) OJ NO 93 , 11 . 6 . 1964 , P . 1431/64 .  ( 2 ) OJ NO 93 , 11 . 6 . 1964 , P . 1472/64 .  ( 3 ) OJ NO 93 , 11 . 6 . 1964 , P . 1493/64 .  ( 4 ) OJ NO 93 , 11 . 6 . 1964 , P . 1498/64 .  ( 5 ) OJ NO C 344 , 31 . 12 . 1982 , P . 1 .  COUNCIL DECISION OF 28 MARCH 1983 GIVING A DISCHARGE TO THE COMMISSION IN RESPECT OF THE IMPLEMENTATION OF THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1963 ) ( SECOND EDF ) FOR THE FINANCIAL YEAR 1981 ( 83/185/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO THE CONVENTION OF ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE AFRICAN STATES AND MADAGASCAR ASSOCIATED WITH THE COMMUNITY ( 1 ) , SIGNED AT YAOUNDE ON 20 JULY 1963 ,  HAVING REGARD TO COUNCIL DECISION 64/349/EEC OF 25 FEBRUARY 1964 RELATING TO THE ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES WITH THE EUROPEAN ECONOMIC COMMUNITY ( 2 ) ,  HAVING REGARD TO THE INTERNAL AGREEMENT ON THE FINANCING AND ADMINISTRATION OF COMMUNITY AID ( 3 ) , SIGNED AT YAOUNDE ON 20 JULY 1963 , AND IN PARTICULAR ARTICLE 17 THEREOF ,  HAVING REGARD TO THE FINANCIAL REGULATION OF THE EUROPEAN DEVELOPMENT FUND SET UP UNDER THE INTERNAL AGREEMENT OF THE FINANCING AND ADMINISTRATION OF COMMUNITY AID ( 4 ) , AND IN PARTICULAR ARTICLES 7 AND 8 THEREOF ,  HAVING REGARD TO THE COUNCIL DECISIONS OF 30 MAY 1972 AND 30 OCTOBER 1978 ON THE TRANSFER AND UTILIZATION OF THE UNEXPENDED BALANCES OF THE FIRST AND SECOND EDFS ,  HAVING REGARD TO THE REVENUE AND EXPENDITURE ACCOUNT AND THE BALANCE SHEET RELATING TO THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1963 ) ( SECOND EDF ) AS AT 31 DECEMBER 1981 ,  HAVING REGARD TO THE REPORT OF THE COURT OF AUDITORS FOR THE FINANCIAL YEAR 1981 TOGETHER WITH THE COMMISSION'S REPLIES ( 5 ) ,  RECALLING THAT , IN ACCORDANCE WITH THE PROVISIONS APPLICABLE TO THE IMPLEMENTATION OF THE EUROPEAN DEVELOPMENT FUND ( 1963 ) ( SECOND EDF ) , ONLY THE COUNCIL , ACTING BY A QUALIFIED MAJORITY , SHALL GIVE A DISCHARGE TO THE COMMISSION IN RESPECT OF THE FINANCIAL ADMINISTRATION OF THE FUND ,  WHEREAS REVENUE FOR THE FINANCIAL YEAR 1981 CONSISTED MAINLY OF THE CONTRIBUTIONS OF THE MEMBER STATES , AMOUNTING TO 730 000 000,00 EUROPEAN UNITS OF ACCOUNT , AND OF MISCELLANEOUS REVENUE OF THE FUND ;  WHEREAS , PURSUANT TO THE ABOVEMENTIONED COUNCIL DECISION OF 30 MAY 1972 , AN AMOUNT OF 11 806 540,11 EUROPEAN UNITS OF ACCOUNT WAS TRANSFERRED AS THE UNEXPENDED BALANCE FROM THE FIRST EDF TO THE SECOND EDF ;  WHEREAS , PURSUANT TO THE ABOVEMENTIONED COUNCIL DECISIONS OF 30 MAY 1972 AND 30 OCTOBER 1978 , AN AMOUNT OF 8 076 615,11 EUROPEAN UNITS OF ACCOUNT WAS TRANSFERRED AS THE UNEXPENDED BALANCES OF THE FIRST AND SECOND EDF TO THE THIRD EDF ;  WHEREAS AN ADVANCE OF 4 007 862,00 EUROPEAN UNITS OF ACCOUNT WAS PAID TO THE EUROPEAN DEVELOPMENT FUND ( 1975 ) ( FOURTH EDF ) ;  WHEREAS THE OVERALL IMPLEMENTATION BY THE COMMISSION OF THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1963 ) ( SECOND EDF ) DURING THE FINANCIAL YEAR 1981 WAS SUCH AS TO WARRANT ITS BEING GIVEN A DISCHARGE IN RESPECT OF THE IMPLEMENTATION OF THESE OPERATIONS ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE COUNCIL SHALL CLOSE THE REVENUE AND EXPENDITURE ACCOUNTS OF THE EUROPEAN DEVELOPMENT FUND ( 1963 ) ( SECOND EDF ) AS AT 31 DECEMBER 1981 AS FOLLOWS :  - REVENUE : AT THE SUM OF 733 815 079,04 EUROPEAN UNITS OF ACCOUNT ,  - EXPENDITURE ( PAYMENTS ) : AT THE SUM OF 729 807 217,04 EUROPEAN UNITS OF ACCOUNT .  ARTICLE 2  THE COUNCIL HEREBY GIVES A DISCHARGE TO THE COMMISSION IN RESPECT OF THE IMPLEMENTATION OF THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1963 ) ( SECOND EDF ) FOR THE FINANCIAL YEAR 1981 .  DONE AT BRUSSELS , 28 MARCH 1983 .  FOR THE COUNCIL  THE PRESIDENT  J . ERTL


title: 2013/211/EU: Decision of the European Central Bank of 19 April 2013 on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes (ECB/2013/10)

text:
               30.4.2013

               EN

               Official Journal of the European Union

               L 118/37

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 19 April 2013
   on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes
   (recast)
   (ECB/2013/10)
   (2013/211/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 128(1) thereof,
   Having regard to Article 16 of the Statute of the European System of Central Banks and of the European Central Bank,
   Whereas:

               (1)

               The scope of Decision ECB/2003/4 of 20 March 2003 on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes (1) needs to be extended to cover the future series of euro banknotes. To this end, a number of technical amendments to Decision ECB/2003/4 are required. In addition, in light of the experience in applying and interpreting Decision ECB/2003/4, it is necessary to further clarify and improve some of the rules and procedures. Therefore, to incorporate the abovementioned amendments, Decision ECB/2003/4 should be recast in the interests of clarity and transparency.

               (2)

               Article 128(1) of the Treaty and Article 16 of the Statute of the European System of Central Banks and of the European Central Bank provide that the European Central Bank (ECB) has the exclusive right to authorise the issue of euro banknotes within the Union. These provisions also provide that the ECB and the national central banks of the Member States whose currency is the euro (hereinafter ‘NCBs’) may issue such notes. Pursuant to Article 10 of Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro (2), the ECB and the NCBs shall put euro banknotes into circulation.

               (3)

               The European Monetary Institute (EMI) carried out the preparatory work for the production and issue of euro banknotes, and in particular with regard to the euro banknote designs, it facilitated the recognition and acceptance of the new euro banknote denominations and specifications by users by taking into account the specific visual and technical requirements of European associations of banknote users.

               (4)

               As successor to the EMI the ECB holds the copyright on the designs of the euro banknotes originally held by the EMI. The ECB and the NCBs, acting on behalf of the ECB, may enforce this copyright with regard to reproductions issued or distributed in breach of this copyright, such as, inter alia, reproductions which might adversely affect the standing of euro banknotes.

               (5)

               The ECB and the NCBs will, from time to time, introduce a new series of euro banknotes with enhanced security features, benefiting from advances in banknote technology since the first series was introduced.

               (6)

               The ECB’s and the NCBs’ right to issue euro banknotes includes the competence to take all necessary legal measures to protect the integrity of the euro banknotes as a means of payment. The ECB should take measures to provide for a minimum level of protection in all Member States whose currency is the euro in order to ensure that the general public can distinguish reproductions from euro banknotes, which are issued by the ECB and the NCBs and are not counterfeit notes under Article 2(a) of Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting (3) (hereinafter ‘genuine euro banknotes’). It is therefore necessary to establish common rules according to which the reproduction of euro banknotes will be permitted.

               (7)

               This Decision should be without prejudice to the application of criminal law, in particular regarding counterfeiting.

               (8)

               Reproductions of euro banknotes in electronic form should only be regarded as lawful if the producer thereof adopts adequate technical measures to deter print-outs, where the general public might mistake the print-outs for genuine euro banknotes.

               (9)

               The competence to take measures to protect the integrity of genuine euro banknotes as a means of payment includes the competence to adopt a common regime under which the NCBs are prepared to exchange damaged genuine euro banknotes. Under this regime certain categories of euro banknotes are designated which should be withheld by NCBs when presented to them for exchange.

               (10)

               The part of the original euro banknote that needs to be presented in order to qualify for exchange is subject to minimum measurement requirements. These measurements should be expressed as a percentage of the surface area of the original euro banknote before it was damaged, in order to prevent the distortion of measurements, for instance in situations where the euro banknote is damaged due to shrinkage.

               (11)

               Regulation (EC) No 1338/2001 requires credit institutions and, within the limits of their payment activity, other payment service providers and any other institutions engaged in the processing and distribution to the public of notes and coins, to ensure that euro notes and coins which they have received and which they intend to put back into circulation are checked for authenticity and that counterfeits are detected.

               (12)

               Given that damaging of genuine euro banknotes by anti-theft devices may occur in the context of a committed or attempted criminal offence, it should be ensured that in such cases banknotes can only be exchanged by the victim of such offence or attempted offence.

               (13)

               To encourage the proper handling of anti-theft devices by all institutions and economic agents referred to in Article 6(1) of Regulation (EC) No 1338/2001, it is appropriate for NCBs to charge the banknote handlers a fee to compensate for the analysis performed with regard to the exchange of genuine euro banknotes that have been damaged by anti-theft devices.

               (14)

               This fee should not be charged when the damage results from an attempted or actual robbery or theft, and, to avoid insignificant fees, should be charged only where a minimum number of damaged genuine euro banknotes is presented for exchange.

               (15)

               Genuine euro banknotes which have been damaged in bulk due to the activation of anti-theft devices should be presented for exchange, if required by NCBs, in sets consisting of a minimum number of euro banknotes.

               (16)

               To support endeavours to enhance the security of the cash cycle and to avoid penalising the use of anti-theft devices, it is appropriate to credit the institutions and economic agents, referred to in Article 6(1) of Regulation (EC) No 1338/2001, who present for exchange genuine euro banknotes accidentally damaged by anti-theft devices, on the day of receipt of such banknotes, in a manner similar to regular cash lodgements.

               (17)

               To support the European Union’s prevention of the use of the financial system for money laundering and terrorist financing, it is appropriate for the Eurosystem to specify how to handle requests by any applicant to exchange damaged genuine euro banknotes with a value of at least EUR 7 500. Such rules are without prejudice to any stricter identification and reporting requirements adopted by Member States in transposing Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing (4).

               (18)

               The ECB’s exclusive right to authorise the issue of euro banknotes within the Union includes the competence to withdraw euro banknotes and to establish a common regime under which the ECB and the NCBs can perform this withdrawal,

         HAS ADOPTED THIS DECISION:
   Article 1
   Denominations and specifications
   1.   Euro banknotes shall include seven denominations of euro banknotes in the range of 5 euro to 500 euro, depicting the theme ‘Ages and styles of Europe’, with the following basic specifications.

               Face value
               (EUR)

               Dimensions (first series)

               Dimensions (second series)

               Dominant colour

               Design

               5

               120 × 62 mm

               120 × 62 mm

               Grey

               Classical

               10

               127 × 67 mm

               127 × 67 mm

               Red

               Romanesque

               20

               133 × 72 mm

               133 × 72 mm

               Blue

               Gothic

               50

               140 × 77 mm

               140 × 77 mm

               Orange

               Renaissance

               100

               147 × 82 mm

               To be decided

               Green

               Baroque and rococo

               200

               153 × 82 mm

               To be decided

               Yellow-brown

               Iron and glass architecture

               500

               160 × 82 mm

               To be decided

               Purple

               Modern 20th century architecture

         2.   The seven denominations in the euro banknote series shall bear the representation of gateways and windows on the front side (recto) and bridges on the reverse side (verso). All seven denominations shall be typical of the different European artistic periods referred to above. Other elements of the designs shall include:

               (a)

               the symbol of the European Union;

               (b)

               the name of the currency in the Roman and Greek alphabets and, additionally, for the second series of euro banknotes, the name of the currency in the Cyrillic alphabet;

               (c)

               the initials of the ECB in the European Union’s official language variants; for the first series of euro banknotes, the initials of the ECB shall be limited to the following five official language variants: BCE, ECB, EZB, EKT and EKP and, additionally, for the second series of euro banknotes, the initials of the ECB shall be limited to the following nine official language variants: BCE, ECB, ЕЦБ, EZB, EKP, EKT, EKB, BĊE and EBC;

               (d)

               the © symbol which indicates that the copyright belongs to the ECB; and

               (e)

               the signature of the President of the ECB.

         Article 2
   Reproduction rules for euro banknotes
   1.   ‘Reproduction’ shall mean any tangible or intangible image that uses all or part of a euro banknote as specified in Article 1, or parts of its individual design elements such as, inter alia, colour, dimensions and use of letters or symbols, which image may resemble or give the general impression of a genuine euro banknote, irrespective of:

               (a)

               the size of the image; or

               (b)

               the material(s) or technique(s) used to produce it; or

               (c)

               whether or not elements of the design of the euro banknote, such as the letters or symbols, have been altered or added to.

         2.   Reproductions which the general public might mistake for genuine euro banknotes shall be deemed unlawful.
   3.   Reproductions complying with the following criteria shall be deemed lawful, since there is no risk that the general public might mistake them for genuine euro banknotes:

               (a)

               one-sided reproductions of a euro banknote as specified in Article 1, provided that the size of the reproduction is equal to or greater than 125 % of both the length and width, or equal to or less than 75 % of both the length and the width of the respective euro banknote as specified in Article 1; or

               (b)

               two-sided reproductions of a euro banknote as specified in Article 1, provided that the size of the reproduction is equal to or greater than 200 % of both the length and width or equal to or less than 50 % of both the length and width of the respective euro banknote as specified in Article 1; or

               (c)

               reproductions of individual design elements of a euro banknote as specified in Article 1, provided that such a design element is not depicted on a background resembling a banknote; or

               (d)

               one-sided reproductions depicting a part of the front side or reverse side of a euro banknote, provided that such a part is smaller than one third of the original front side or reverse side of the euro banknote as specified in Article 1; or

               (e)

               reproductions made of a material clearly different from paper, which looks distinctly different from the material used for banknotes; or

               (f)

               intangible reproductions made available electronically on websites, by wire or wireless means or by any other means that allow members of the public to access these intangible reproductions from a place and at a time individually chosen by them, provided that:

                           —

                           the word SPECIMEN (sample) is incorporated diagonally across the reproduction in Arial font or a font similar to Arial font, and

                           —

                           the resolution of the electronic reproduction in its 100 % size does not exceed 72 dots per inch (dpi).

         4.   In the event of reproductions under paragraph 3(f),

               —

               the length of the word SPECIMEN shall be at least 75 % of the length of the reproduction, and

               —

               the height of the word SPECIMEN shall be at least 15 % of the width of the reproduction, and

               —

               the word SPECIMEN shall be displayed in a non-transparent (opaque) colour contrasting with the dominant colour of the respective euro banknote as specified in Article 1.

         5.   The ECB and the NCBs shall, upon receiving a written request, provide confirmation that reproductions not complying with the criteria of paragraph 3, in so far as they cannot be mistaken by the general public for a genuine euro banknote as specified in Article 1, are also lawful. Where a reproduction is produced in the territory of only one Member State whose currency is the euro, requests as referred to above shall be addressed to the NCB of that Member State. In all other cases, such requests shall be addressed to the ECB.
   6.   Reproduction rules for euro banknotes also apply to euro banknotes that have been withdrawn or have lost their legal tender status under this Decision.
   Article 3
   Exchange of damaged genuine euro banknotes
   1.   NCBs shall, upon request, under the conditions laid down in paragraph 2 and in the relevant decision of the Governing Council referred to in Article 6, exchange damaged genuine euro banknotes where:

               (a)

               more than 50 % of the euro banknote is presented; or

               (b)

               50 % or less of the euro banknote is presented, if the applicant proves that the missing parts have been destroyed.

         2.   Further to paragraph 1, the following additional conditions apply to the exchange of damaged genuine euro banknotes:

               (a)

               where doubt exists as to the applicant’s legal title to the euro banknotes: identification shall be provided by the applicant, as well as proof that the applicant is the owner or otherwise authorised applicant;

               (b)

               where doubt exists as to the authenticity of the euro banknotes: identification shall be provided by the applicant;

               (c)

               where ink-stained, contaminated or impregnated genuine euro banknotes are presented: a written explanation as to the kind of stain, contamination or impregnation shall be provided by the applicant;

               (d)

               where the genuine euro banknotes have been damaged by anti-theft devices: a written statement on the cause of neutralisation shall be provided by the applicant;

               (e)

               where the genuine euro banknotes have been damaged by anti-theft devices in connection with an attempted or actual robbery, theft, or other criminal activity: the banknotes shall be exchanged only at the request of the owner or otherwise authorised applicant who is the victim of the attempted or actual criminal activity leading to the damage to the banknotes;

               (f)

               where the genuine euro banknotes have been damaged by anti-theft devices and they are presented by institutions and economic agents referred to in Article 6(1) of Regulation (EC) No 1338/2001: a written statement on the cause of neutralisation, the reference and characteristics of the anti-theft device, details of the party presenting the damaged banknotes and the date of presentation thereof shall be provided by those institutions and economic agents;

               (g)

               where the genuine euro banknotes have been damaged in bulk due to the activation of anti-theft devices: to the extent possible and if required by NCBs, they shall be presented in sets of 100 euro banknotes, provided that the amount of euro banknotes presented is sufficient to form such sets;

               (h)

               where institutions and economic agents referred to in Article 6(1) of Regulation (EC) No 1338/2001 present for exchange, in one or more transactions, damaged genuine euro banknotes with a value of at least EUR 7 500: documentation on the origin of the banknotes and identification of the customer or, where applicable, of the beneficial owner as defined in Directive 2005/60/EC, shall be provided by those institutions and economic agents. This obligation shall also apply in the event of doubt regarding whether the threshold value of EUR 7 500 is reached. The rules laid down in this paragraph shall be without prejudice to any stricter identification and reporting requirements adopted by Member States in transposing Directive 2005/60/EC.

         3.   Notwithstanding the above:

               (a)

               where NCBs know or have sufficient reason to believe that the genuine euro banknotes have been intentionally damaged, they shall refuse to exchange and shall withhold the euro banknotes, in order to avoid the return of such euro banknotes into circulation or to prevent the applicant from presenting them to another NCB for exchange. However, they will exchange the damaged genuine euro banknotes if they either know or have sufficient reason to believe that applicants are bona fide, or if applicants can prove that they are bona fide. Euro banknotes which are damaged to a minor degree, e.g. by having annotations, numbers or brief sentences placed on them, will in principle not be considered to be intentionally damaged euro banknotes; and

               (b)

               where NCBs know or have sufficient reason to believe that a criminal offence has been committed they shall refuse to exchange the damaged genuine euro banknotes and shall withhold them, against acknowledgement of receipt, as evidence to be presented to the competent authorities to initiate or to support an ongoing criminal investigation. Unless otherwise decided by the competent authorities, the genuine euro banknotes shall at the end of the investigation qualify for exchange under the conditions laid down in paragraphs 1 and 2;

               (c)

               where NCBs know or have sufficient reason to believe that the damaged genuine euro banknotes are contaminated such that they pose a risk to health and safety, they shall exchange the damaged genuine euro banknotes, if the applicant can provide a health and safety assessment by the competent authorities.

         Article 4
   Establishment of a fee for the exchange of genuine euro banknotes damaged by anti-theft devices
   1.   NCBs shall charge institutions and economic agents referred to in Article 6(1) of Regulation (EC) No 1338/2001 a fee when they request NCBs, in accordance with Article 3, to exchange genuine euro banknotes that have been damaged by anti-theft devices.
   2.   The fee shall amount to 10 euro cent per damaged euro banknote.
   3.   The fee shall only be charged if at least 100 damaged euro banknotes are exchanged. The fee shall be charged for all exchanged euro banknotes.
   4.   No fee shall be charged where euro banknotes have been damaged in connection with an attempted or actual robbery, theft or other criminal activity.
   Article 5
   Crediting of value of genuine euro banknotes accidentally damaged by anti-theft devices and presented for exchange
   1.   NCBs shall credit the institutions and economic agents referred to in Article 6(1) of Regulation (EC) No 1338/2001 which hold an account at the relevant NCB the value of genuine euro banknotes that have been accidentally damaged by anti-theft devices on the day of receipt of those banknotes, provided that:

               (a)

               the euro banknotes have not been damaged in connection with an actual robbery, theft or other criminal activity;

               (b)

               the NCB can immediately verify that the requested amount corresponds at least roughly to the value of the banknotes presented; and

               (c)

               all other information required by the NCB is submitted.

         2.   Any difference revealed after processing between the value of the accidentally damaged genuine euro banknotes presented for exchange and the amount credited prior to processing shall be debited or credited, as the case may be, to the presenting institution or economic agent.
   3.   The fees mentioned in Article 4 will be calculated on the basis of the effective number of the accidentally damaged genuine euro banknotes processed by the NCB.
   Article 6
   Withdrawal of euro banknotes
   The withdrawal of a euro banknote type or series shall be regulated by a decision of the Governing Council published for general information in the Official Journal of the European Union and other media. This decision shall cover, as a minimum, the following points:

               —

               the euro banknote type or series to be withdrawn from circulation, and

               —

               the duration of the exchange period, and

               —

               the date on which the euro banknote type or series will lose its legal tender status, and

               —

               the treatment of the euro banknotes presented once the withdrawal period is over and/or they have lost their legal tender status.

         Article 7
   Entry into force and repeal
   1.   Decision ECB/2003/4 is hereby repealed.
   2.   References to Decision ECB/2003/4 shall be construed as references to this Decision.
   3.   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Frankfurt am Main, 19 April 2013.

            For the Governing Council of the ECB

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 78, 25.3.2003, p. 16.

      (2)  OJ L 139, 11.5.1998, p. 1.

      (3)  OJ L 181, 4.7.2001, p. 6.

      (4)  OJ L 309, 25.11.2005, p. 15.

      ANNEX

         CORRELATION TABLE

                  Decision ECB/2003/4

                  This Decision

                  Article 1

                  Article 1

                  Article 2

                  Article 2

                  Article 3

                  Article 3

                  Article 4

                  Article 4

                  Article 5

                  Article 6

                  Article 6

                  Article 7