title: 2007/436/EC,Euratom: Council Decision of 7 June 2007 on the system of the European Communities’ own resources

text:
               23.6.2007

               EN

               Official Journal of the European Union

               L 163/17

      COUNCIL DECISION

   of 7 June 2007
   on the system of the European Communities’ own resources
   (2007/436/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 269 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 173 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the opinion of the Court of Auditors (2),
   Having regard to the opinion of the European Economic and Social Committee (3),
   Whereas:

               (1)

               The European Council meeting in Brussels on 15 and 16 December 2005 concluded, inter alia, that the own resources arrangements should be guided by the overall objective of equity. Those arrangements should therefore ensure, in line with the relevant conclusions of the 1984 Fontainebleau European Council, that no Member State sustains a budgetary burden which is excessive in relation to its relative prosperity. It is therefore appropriate to introduce provisions covering specific Member States.

               (2)

               The Communities’ own resources system must ensure adequate resources for the orderly development of the Communities’ policies, subject to the need for strict budgetary discipline.

               (3)

               For the purposes of this Decision, gross national income (GNI) should be defined as annual GNI at market prices as provided by the Commission in application of the European system of national and regional accounts in the Community (hereinafter referred to as the ESA 95) in accordance with Council Regulation (EC) No 2223/96 (4).

               (4)

               In view of the changeover from ESA 79 to ESA 95 for budgetary and own resources purposes, and in order to maintain unchanged the amount of financial resources put at the disposal of the Communities the Commission recalculated, in accordance with Article 3(1) and 3(2) of Council Decision 2000/597/EC, Euratom of 29 September 2000 on the system of the European Communities’ own resources (5), the ceiling of own resources and the ceiling for appropriations for commitments, expressed to two decimal places, on the basis of the formula in that Article. The Commission communicated the new ceilings to the Council and the European Parliament on 28 December 2001. The ceiling of own resources was set at 1,24 % of the total GNIs of the Member States at market prices and a ceiling of 1,31 % of the total GNIs of the Member States was set for appropriations for commitments. The European Council of 15 and 16 December 2005 concluded that these ceilings should be maintained at their current levels.

               (5)

               In order to maintain unchanged the amount of financial resources put at the disposal of the Communities, it is appropriate to adapt those ceilings expressed in per cent of GNI in case of modifications to the ESA 95 which entail a significant change in the level of GNI.

               (6)

               Following the implementation in European Union law of the agreements concluded during the Uruguay round of multilateral trade negotiations there is no longer any material difference between agricultural duties and customs duties. It is therefore appropriate to remove this distinction from the field of the general budget of the European Union.

               (7)

               In the interests of transparency and simplicity, the European Council of 15 and 16 December 2005 concluded that the uniform rate of call of the Value Added Tax (VAT) resource shall be fixed at 0,30 %.

               (8)

               The European Council of 15 and 16 December 2005 concluded that Austria, Germany, the Netherlands and Sweden shall benefit from reduced VAT rates of call during the period 2007-2013 and that the Netherlands and Sweden shall benefit from gross reductions in their annual GNI-based contributions during the same period.

               (9)

               The European Council of 15 and 16 December 2005 concluded that the correction mechanism in favour of the United Kingdom shall remain, along with the reduced financing of the correction benefiting Germany, Austria, Sweden and the Netherlands. However, after a phasing-in period between 2009 and 2011, the United Kingdom shall participate fully in the financing of the costs of enlargement, except for agricultural direct payments and market-related expenditure, and that part of rural development expenditure originating from the European Agricultural Guidance and Guarantee Fund (EAGGF), Guarantee Section. The calculation of the correction in favour of the United Kingdom shall therefore be adjusted by progressively excluding expenditure allocated to Member States which have acceded to the EU after 30 April 2004, except for the agricultural and rural development expenditure mentioned above. The additional contribution of the United Kingdom resulting from the reduction in allocated expenditure shall not exceed EU-10,5 billion in 2004 prices during the period 2007-2013. In the event of further enlargement before 2013, except for the accession of Bulgaria and Romania, the amount will be adjusted accordingly.

               (10)

               The European Council of 15 and 16 December 2005 concluded that point (f) of the second paragraph of Article 4 of Decision 2000/597/EC, Euratom regarding the exclusion of the annual pre-accession expenditure in acceding countries from the calculation of the correction in favour of the United Kingdom shall cease to apply at the end of 2013.

               (11)

               The European Council of 15 and 16 December 2005 invited the Commission to undertake a full, wide-ranging review covering all aspects of EU spending, including the Common Agricultural Policy (CAP), and of resources, including the United Kingdom rebate, and to report in 2008/2009.

               (12)

               Provisions should be laid down to cover the changeover from the system laid down by Decision 2000/597/EC, Euratom to that introduced by this Decision.

               (13)

               The European Council of 15 and 16 December 2005 concluded that this Decision shall take effect on 1 January 2007,

         HAS LAID DOWN THESE PROVISIONS, WHICH IT RECOMMENDS TO THE MEMBER STATES FOR ADOPTION:
   Article 1
   The Communities shall be allocated own resources in accordance with the rules laid down in the following Articles in order to ensure, in accordance with Article 269 of the Treaty establishing the European Community (hereinafter referred to as the EC Treaty) and Article 173 of the Treaty establishing the European Atomic Energy Community (hereinafter referred to as the Euratom Treaty), the financing of the general budget of the European Union.
   The general budget of the European Union shall, without prejudice to other revenue, be financed wholly from the Communities’ own resources.
   Article 2
   1.   Revenue from the following shall constitute own resources entered in the general budget of the European Union:

               (a)

               levies, premiums, additional or compensatory amounts, additional amounts or factors, Common Customs Tariff duties and other duties established or to be established by the institutions of the Communities in respect of trade with non-member countries, customs duties on products under the expired Treaty establishing the European Coal and Steel Community as well as contributions and other duties provided for within the framework of the common organisation of the markets in sugar;

               (b)

               without prejudice to the second subparagraph of paragraph 4, the application of a uniform rate valid for all Member States to the harmonised VAT assessment bases determined according to Community rules. The assessment base to be taken into account for this purpose shall not exceed 50 % of GNI for each Member State, as defined in paragraph 7;

               (c)

               without prejudice to the second subparagraph of paragraph 5, the application of a uniform rate — to be determined pursuant to the budgetary procedure in the light of the total of all other revenue — to the sum of all the Member States’ GNIs.

         2.   Revenue deriving from any new charges introduced within the framework of a common policy, in accordance with the EC Treaty or the Euratom Treaty, provided that the procedure laid down in Article 269 of the EC Treaty or in Article 173 of the Euratom Treaty has been followed, shall also constitute own resources entered in the general budget of the European Union.
   3.   Member States shall retain, by way of collection costs, 25 % of the amounts referred to in paragraph 1(a).
   4.   The uniform rate referred to in paragraph 1(b) shall be fixed at 0,30 %.
   For the period 2007-2013 only, the rate of call of the VAT resource for Austria shall be fixed at 0,225 %, for Germany at 0,15 % and for the Netherlands and Sweden at 0,10 %.
   5.   The uniform rate referred to in paragraph 1(c) shall apply to the GNI of each Member State.
   For the period 2007-2013 only, the Netherlands shall benefit from a gross reduction in its annual GNI contribution of EUR 605 million and Sweden from a gross reduction in its annual GNI contribution of EUR 150 million, measured in 2004 prices. These amounts shall be adjusted to current prices by applying the most recent GDP deflator for the EU expressed in euro, as provided by the Commission, which is available when the preliminary draft budget is drawn up. These gross reductions shall be granted after the calculation of the correction in favour of the United Kingdom and its financing referred to in Articles 4 and 5 of this Decision and shall have no impact thereupon.
   6.   If, at the beginning of the financial year, the budget has not been adopted, the existing VAT and GNI rates of call shall remain applicable until the entry into force of the new rates.
   7.   For the purposes of this Decision, GNI shall mean GNI for the year at market prices as provided by the Commission in application of the ESA 95 in accordance with Regulation (EC) No 2223/96.
   Should modifications to the ESA 95 result in significant changes in the GNI as provided by the Commission, the Council, acting unanimously on a proposal of the Commission and after consulting the European Parliament, shall decide whether these modifications shall apply for the purposes of this Decision.
   Article 3
   1.   The total amount of own resources allocated to the Communities to cover annual appropriations for payments shall not exceed 1,24 % of the sum of all the Member States’ GNIs.
   2.   The total annual amount of appropriations for commitments entered in the general budget of the European Union shall not exceed 1,31 % of the sum of all the Member States’ GNIs.
   An orderly ratio between appropriations for commitments and appropriations for payments shall be maintained to guarantee their compatibility and to enable the ceiling pursuant to paragraph 1 to be respected in subsequent years.
   3.   Should modifications to the ESA 95 result in significant changes in the GNI that apply for the purposes of this Decision, the ceilings for payments and commitments as determined in paragraphs 1 and 2 shall be recalculated by the Commission on the basis of the following formula:

   where t is the latest full year for which data according to Council Regulation (EC, Euratom) No 1287/2003 of 15 July 2003 on the harmonisation of gross national income at market prices (GNI Regulation) (6) is available.
   Article 4
   1.   The United Kingdom shall be granted a correction in respect of budgetary imbalances.
   This correction shall be established by:

               (a)

               calculating the difference, in the preceding financial year, between:

                           —

                           the percentage share of the United Kingdom in the sum of uncapped VAT assessment bases, and

                           —

                           the percentage share of the United Kingdom in total allocated expenditure;

               (b)

               multiplying the difference thus obtained by total allocated expenditure;

               (c)

               multiplying the result under (b) by 0,66;

               (d)

               subtracting from the result under (c) the effects arising for the United Kingdom from the changeover to capped VAT and the payments referred to in Article 2(1)(c), namely the difference between:

                           —

                           what the United Kingdom would have had to pay for the amounts financed by the resources referred to in Article 2(1)(b) and (c), if the uniform rate had been applied to non-capped VAT bases, and

                           —

                           the payments of the United Kingdom pursuant to Article 2(1)(b) and (c);

               (e)

               subtracting from the result under (d) the net gains of the United Kingdom resulting from the increase in the percentage of resources referred to in Article 2(1)(a) retained by Member States to cover collection and related costs;

               (f)

               calculating, at the time of each enlargement of the EU, an adjustment to the result under (e) so as to reduce the compensation, thereby ensuring that expenditure which is unabated before enlargement remains so after enlargement. This adjustment shall be made by reducing total allocated expenditure by an amount equivalent to the annual pre-accession expenditure in the acceding countries. All amounts so calculated shall be carried forward to subsequent years and shall be adjusted annually by applying the latest available GDP deflator for the EU expressed in euro, as provided by the Commission. This point shall cease to apply as from the correction to be budgeted for the first time in 2014;

               (g)

               adjusting the calculation, by reducing total allocated expenditure by total allocated expenditure in Member States that have acceded to the EU after 30 April 2004, except for agricultural direct payments and market-related expenditure as well as that part of rural development expenditure originating from the EAGGF, Guarantee Section.

         This reduction shall be phased in progressively according to the schedule below:

               United Kingdom correction to be budgeted for the first time in the year

               Percentage of enlargement-related expenditure (as defined above) to be excluded from the calculation of the correction in favour of the United Kingdom

               2009

               20

               2010

               70

               2011

               100

         2.   During the period 2007-2013 the additional contribution of the United Kingdom resulting from the reduction of allocated expenditure referred to in paragraph (1)(g) shall not exceed EU-10,5 billion, measured in 2004 prices. Each year, the Commission services shall verify whether the cumulated adjustment of the correction exceeds this amount. For the purpose of this calculation, amounts in current prices shall be converted into 2004 prices by applying the latest available GDP deflator for the EU expressed in euro, as provided by the Commission. If the ceiling of EU-10,5 billion is exceeded, the United Kingdom’s contribution shall be reduced accordingly.
   In the event of further enlargement before 2013, the ceiling of EU-10,5 billion shall be adjusted upwards accordingly.
   Article 5
   1.   The cost of the correction shall be borne by the other Member States in accordance with the following arrangements:

               (a)

               the distribution of the cost shall first be calculated by reference to each Member State’s share of the payments referred to in Article 2(1)(c), the United Kingdom being excluded and without taking account of the gross reductions in the GNI-based contributions of the Netherlands and Sweden referred to in Article 2(5);

               (b)

               it shall then be adjusted in such a way as to restrict the financing share of Austria, Germany, the Netherlands and Sweden to one fourth of their normal share resulting from this calculation.

         2.   The correction shall be granted to the United Kingdom by a reduction in its payments resulting from the application of Article 2(1)(c). The costs borne by the other Member States shall be added to their payments resulting from the application for each Member State of Article 2(1)(c).
   3.   The Commission shall perform the calculations required for the application of Article 2(5), Article 4 and this Article.
   4.   If, at the beginning of the financial year, the budget has not been adopted, the correction granted to the United Kingdom and the costs borne by the other Member States as entered in the last budget finally adopted shall remain applicable.
   Article 6
   The revenue referred to in Article 2 shall be used without distinction to finance all expenditure entered in the general budget of the European Union.
   Article 7
   Any surplus of the Communities’ revenue over total actual expenditure during a financial year shall be carried over to the following financial year.
   Article 8
   1.   The Communities’ own resources referred to in Article 2(1)(a) shall be collected by the Member States in accordance with the national provisions imposed by law, regulation or administrative action, which shall, where appropriate, be adapted to meet the requirements of Community rules.
   The Commission shall examine at regular intervals the national provisions communicated to it by the Member States, transmit to the Member States the adjustments it deems necessary in order to ensure that they comply with Community rules and report to the budgetary authority.
   Member States shall make the resources provided for in Article 2(1)(a), (b) and (c) available to the Commission.
   2.   The Council shall, in accordance with the procedures laid down in Article 279(2) of the EC Treaty and Article 183 of the Euratom Treaty, adopt the provisions necessary to apply this Decision and to make possible the inspection of the collection, the making available to the Commission and payment of the revenue referred to in Articles 2 and 5.
   Article 9
   In the framework of the full, wide-ranging review covering all aspects of EU spending, including the CAP, and of resources, including the United Kingdom rebate, on which it shall report in 2008/2009, the Commission shall undertake a general review of the own resources system.
   Article 10
   1.   Subject to paragraph 2, Decision 2000/597/EC, Euratom shall be repealed as of 1 January 2007. Any references to the Council Decision of 21 April 1970 on the replacement of financial contributions from Member States by the Communities’ own resources (7), to Council Decision 85/257/EEC, Euratom of 7 May 1985 on the Communities’ system of own resources (8), to Council Decision 88/376/EEC, Euratom of 24 June 1988 on the system of the Communities’ own resources (9), to Council Decision 94/728/EC, Euratom of 31 October 1994 on the system of the European Communities’ own resources (10) or to Decision 2000/597/EC, Euratom shall be construed as references to this Decision.
   2.   Articles 2, 4 and 5 of Decisions 88/376/EEC, Euratom, 94/728/EC, Euratom and 2000/597/EC, Euratom shall continue to apply to the calculation and adjustment of revenue accruing from the application of a uniform rate valid for all Member States to the VAT base determined in a uniform manner and limited between 50 % and 55 % of the GNP or GNI of each Member State, depending on the relevant year, and to the calculation of the correction of budgetary imbalances granted to the United Kingdom for the years 1988 to 2006.
   3.   Member States shall continue to retain, by way of collection costs, 10 % of the amounts referred to in Article 2(1)(a) which should have been made available by the Member States before 28 February 2001 in accordance with the applicable Community rules.
   Article 11
   Member States shall be notified of this Decision by the Secretary-General of the Council.
   Member States shall notify the Secretary-General of the Council without delay of the completion of the procedures for the adoption of this Decision in accordance with their respective constitutional requirements.
   This Decision shall enter into force on the first day of the month following receipt of the last of the notifications referred to in the second subparagraph.
   It shall take effect on 1 January 2007.
   Article 12
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 7 June 2007.

            For the Council

            The President

         M. GLOS

      (1)  Opinion delivered on 4 July 2006 (not yet published in the Official Journal).

      (2)  OJ C 203, 25.8.2006, p. 50.

      (3)  OJ C 309, 16.12.2006, p. 103.

      (4)  OJ L 310, 30.11.1996, p. 1. Regulation as last amended by Regulation (EC) No 1267/2003 of the European Parliament and of the Council (OJ L 180, 18.7.2003, p. 1).

      (5)  OJ L 253, 7.10.2000, p. 42.

      (6)  OJ L 181, 19.7.2003, p. 1.

      (7)  OJ L 94, 28.4.1970, p. 19.

      (8)  OJ L 128, 14.5.1985, p. 15.

      (9)  OJ L 185, 15.7.1988, p. 24.

      (10)  OJ L 293, 12.11.1994, p. 9.


title: 2006/471/EC: Council Decision of  27 June 2006  adjusting the allowances provided for in Decision 2003/479/EC concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council

text:
               8.7.2006

               EN

               Official Journal of the European Union

               L 187/32

      COUNCIL DECISION

   of 27 June 2006
   adjusting the allowances provided for in Decision 2003/479/EC concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council
   (2006/471/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28(1) thereof,
   Having regard to the Treaty establishing the European Community, and in particular Article 207(2) thereof,
   Having regard to Council Decision 2003/479/EC (1), and in particular Article 15 thereof,
   Whereas:

               (1)

               Article 15(7) of Decision 2003/479/EC provides that the daily and monthly allowances applicable to national experts and military staff seconded to the General Secretariat of the Council are to be adjusted each year without retroactive effect on the basis of the adaptation of the basic salaries of Community officials in Brussels and Luxembourg.

               (2)

               The last adjustment of those allowances was provided for in Decision 2005/442/EC and took effect on 1 June 2005.

               (3)

               The Council, through Regulation (EC, Euratom) No 2104/2005 of 20 December 2005 adjusting, with effect from 1 July 2005, the remuneration and pensions of officials and other servants of the European Communities and the correction coefficients applied thereto (2), adopted an adjustment of 2,2 % to the remuneration and pensions of Community officials,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   In Article 15(1) of Decision 2003/479/EC, EUR 28,16 and EUR 112,61 shall be replaced by EUR 28,78 and EUR 115,09 respectively.
   2.   In Article 15(2) the table shall be replaced by the following:

                  ‘Distance between place of recruitment and place of secondment (in km)

                  Amount in EUR

                  0-150

                  0

                  > 150

                  73,98

                  > 300

                  131,52

                  > 500

                  213,73

                  > 800

                  345,26

                  > 1 300

                  542,55

                  > 2 000

                  649,43’.

   3.   In Article 15(4), EUR 28,16 shall be replaced by EUR 28,78.
   Article 2
   This Decision shall take effect on the first day of the month following its adoption.

      Done at Luxembourg, 27 June 2006.

            For the Council

            The President

         J. PRÖLL

      (1)  OJ L 160, 28.6.2003, p. 72. Decision as last amended by Decision 2005/442/EC (OJ L 153, 16.6.2005, p. 32).

      (2)  OJ L 337, 22.12.2005, p. 7.


title: Council Decision (CFSP) 2017/380 of 3 March 2017 extending the mandate of the European Union Special Representative for the Middle East Peace Process (MEPP)

text:
               4.3.2017

               EN

               Official Journal of the European Union

               L 58/29

         COUNCIL DECISION (CFSP) 2017/380
   of 3 March 2017
   extending the mandate of the European Union Special Representative for the Middle East Peace Process (MEPP)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 33 and Article 31(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 15 April 2015, the Council adopted Decision (CFSP) 2015/599 (1) appointing Mr Fernando GENTILINI as the European Union Special Representative (EUSR) for the Middle East Peace Process (MEPP). The EUSR's mandate is to expire on 28 February 2017.

               (2)

               The EUSR's mandate should be extended for a further period of 16 months.

               (3)

               The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   The mandate of Mr Fernando GENTILINI as the EUSR for the Middle East Peace Process (MEPP) is extended until 30 June 2018. The Council may decide that the mandate of the EUSR be terminated earlier, based on an assessment by the Political and Security Committee (PSC) and a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).
   Article 2
   Policy objectives
   1.   The EUSR's mandate shall be based on the Union's policy objectives regarding the MEPP.
   2.   The overall objective is a comprehensive peace that should be achieved on the basis of a two-State solution, with Israel and a democratic, contiguous, viable, peaceful and sovereign Palestinian State living side by side within secure and recognised borders enjoying normal relations with their neighbours in accordance with United Nations (UN) Security Council Resolutions 242(1967) and 338(1973) and recalling other relevant Resolutions, including 2334(2016), the Madrid principles, including land for peace, the Roadmap, the agreements previously reached by the parties, the Arab Peace Initiative and the recommendations of the Middle East Quartet (‘the Quartet’) of 1 July 2016. In light of the different strands of the Israeli-Arab relations, the regional dimension constitutes an essential element for a comprehensive peace.
   3.   In achieving this objective, policy priorities are the preservation of the two-State solution and relaunching and supporting the peace process. Clear parameters defining the basis for negotiations are key elements for a successful outcome and the Union has set out its position with regard to such parameters in the Council conclusions of December 2009, December 2010 and July 2014, which it will continue to actively promote.
   4.   The Union is committed to working with the parties and with partners in the international community, including through participating in the Quartet and actively pursuing appropriate international initiatives to create a new dynamic for the negotiations.
   Article 3
   Mandate
   1.   In order to achieve the policy objectives, the EUSR's mandate shall be to:

               (a)

               provide an active and efficient Union contribution to actions and initiatives leading to a final settlement of the Israeli/Palestinian conflict based on the two-State solution and in line with the Union parameters and relevant UN Security Council Resolutions including UNSCR 2334(2016) and put forward proposals for EU action in this regard;

               (b)

               facilitate and maintain close contacts with all the parties to the peace process, relevant political actors, other countries of the region, members of the Quartet and other relevant countries, as well as the UN and other relevant international organisations, like the League of Arab States, in order to work with them in strengthening the peace process;

               (c)

               work as appropriate to promote and contribute to a possible new framework of negotiations in consultation with all the key stakeholders and the Member States, in particular through advancing the objectives of the Joint Declaration adopted by the participants of the conference held in Paris on 15 January 2017 (2);

               (d)

               actively support and contribute to peace negotiations between the parties, including by putting forward proposals on behalf of the Union and in line with its consolidated longstanding policy in the context of those negotiations;

               (e)

               ensure continued presence of the Union in relevant international fora;

               (f)

               contribute to crisis management and prevention, including with regard to Gaza;

               (g)

               contribute, where requested, to the implementation of international agreements reached between the parties and engage with them diplomatically in the event of non-compliance with the terms of those agreements;

               (h)

               contribute to political efforts to bring about a fundamental change leading to a sustainable solution for the Gaza Strip which is an integral part of a future Palestinian State and should be addressed in the negotiations;

               (i)

               pay particular attention to factors affecting the regional dimension of the peace process, to the engagement with Arab partners and to the implementation of the Arab Peace Initiative;

               (j)

               engage constructively with signatories to agreements within the framework of the peace process in order to promote compliance with the basic norms of democracy, including respect for international humanitarian law, human rights and the rule of law;

               (k)

               make proposals for Union intervention in the peace process and on the best way of pursuing Union initiatives and ongoing peace process related Union efforts, such as the Union's contribution to Palestinian reforms and including the political aspects of relevant Union development projects;

               (l)

               engage the parties in refraining from unilateral actions threatening the viability of the two-State solution, notably in Jerusalem and in Area C of the occupied West Bank;

               (m)

               report regularly, as Envoy to the Quartet, on progress and evolution in the negotiations, as well as on the Quartet activities, and contribute to the preparation of Quartet Envoys meetings on the basis of Union positions and through coordination with other Quartet members;

               (n)

               contribute to the implementation of the Union's human rights policy in cooperation with the EUSR for Human Rights, including the Union Guidelines on human rights, in particular the Union Guidelines on Children and Armed Conflict as well as on violence against women and girls and combating all forms of discrimination against them, and Union policy regarding UN Security Council Resolution 1325 (2000) on Women, Peace and Security, including by monitoring and reporting on developments as well as formulating recommendations in this regard;

               (o)

               contribute to a better understanding of the role of the Union among opinion leaders in the region.

         2.   The EUSR shall support the work of the HR, while maintaining an overview of all MEPP related activities of the Union in the region.
   Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR.
   2.   The PSC shall maintain a privileged link with the EUSR and shall be the EUSR's primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   3.   The EUSR shall work in close coordination with the European External Action Service (EEAS) and its relevant departments.
   4.   The EUSR shall work in close coordination with the Union Representative Office in Jerusalem, the Union delegation in Tel Aviv, as well as with all other relevant Union delegations in the region.
   5.   The EUSR shall be primarily based in the region while ensuring a regular presence at EEAS headquarters.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the EUSR's mandate for the period from 1 March 2017 to 30 June 2018 shall be EUR 1 825 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   Within the limits of the EUSR's mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting a team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of the team.
   2.   Member States, the institutions of the Union and the EEAS may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the sending Member State, the sending institution of the Union or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to work with the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State, the sending institution of the Union or the EEAS, respectively, and shall carry out their duties and act in the interest of the EUSR's mandate.
   4.   The EUSR staff shall be co-located within the relevant EEAS departments or Union delegations in order to ensure coherence and consistency of their respective activities.
   Article 7
   Privileges and immunities of the EUSR and the EUSR's staff
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the EUSR's mission and the members of the EUSR's staff shall be agreed with the host countries, as appropriate. Member States and the EEAS shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of the EUSR's team shall respect the security principles and minimum standards established by Council Decision 2013/488/EU (3).
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission, the EEAS and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegations in the region and/or the Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union's policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in accordance with the EUSR's mandate and on the basis of the security situation in the area of responsibility, for the security of all personnel under the EUSR's direct authority, in particular by:

               (a)

               establishing a specific security plan based on guidance from the EEAS, including specific physical, organisational and procedural security measures, governing the management of the secure movement of personnel to, and within, the area of responsibility, as well as management of security incidents and including a contingency and evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high risk insurance, as required by the conditions in the area of responsibility;

               (c)

               ensuring that all members of the EUSR's team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the area of responsibility, based on the risk ratings assigned to that area by the EEAS;

               (d)

               ensuring that all agreed recommendations made following regular security assessments are implemented and providing the Council, the HR and the Commission with written reports on their implementation and on other security issues within the framework of the progress report and the report on the implementation of the mandate.

         Article 11
   Reporting
   The EUSR shall regularly provide the HR and the EEAS with oral and written reports. The EUSR shall report regularly to the PSC in addition to the minimum requirements for reporting and objective setting as set out in the Guidelines on appointments, mandate and financing of Union Special Representatives. The EUSR shall also report to Council working parties, as necessary. Regular reports shall be circulated through the COREU network. The EUSR may provide the Foreign Affairs Council with reports. In accordance with Article 36 of the Treaty, the EUSR may be involved in briefing the European Parliament.
   Article 12
   Coordination
   1.   The EUSR shall contribute to the unity, consistency and effectiveness of the Union's action and shall help ensure that all Union instruments and Member States' actions are engaged consistently, to attain the Union's policy objectives. The activities of the EUSR shall be coordinated with those of the Commission. The EUSR shall provide regular briefings to the Union delegations and the Member States' missions in Tel Aviv and Jerusalem.
   2.   In the field, close liaison shall be maintained with the relevant Heads of Member States' Missions, Heads of the Union delegations and Heads of CSDP Missions. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR, in close coordination with the Head of Union delegation in Tel Aviv and the Union Representative Office in Jerusalem, shall provide the Heads of the European Union Police Mission in the Palestinian Territory (EUPOL COPPS) and of the European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) with local political guidance. The EUSR shall also liaise with other international and regional actors in the field.
   Article 13
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the Council, the HR and the Commission with a progress report by 30 September 2017 and a comprehensive mandate implementation report by 31 March 2018.
   Article 14
   Entry into force
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 March 2017.

      Done at Brussels, 3 March 2017.

            For the Council

            The President

         M. FARRUGIA

      (1)  Council Decision (CFSP) 2015/599 of 15 April 2015 appointing the European Union Special Representative for the Middle East Peace Process (MEPP) (OJ L 99, 16.4.2015, p. 29).

      (2)  One Member State (United Kingdom) only attended as observer and did not sign up to the Joint Declaration adopted at the conference.

      (3)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).


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31986Y0131

Decision No 131 of 3 December 1985 concerning the scope of Article 71 (1) (b) (II) of Council Regulation (EEC) No 1408/71 relating to the right to unemployment benefits of workers, other than frontier workers, who, during their last employment, were residing in the territory of a Member State other than the competent State

Official Journal C 141 , 07/06/1986 P. 0010 - 0011

DECISION No 131 of 3  December 1985 concerning the scope of Article 71  (1)  (b)  (ii) of Council Regulation (EEC) No  1408/71 relating to the right to unemployment benefits of workers, other than frontier workers,  who, during their last employment, were residing in the territory of a Member State other than the  competent State (86/C  141/08)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON  SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81  (a) of Regulation (EEC) No  1408/71, under which it is made responsible for dealing with all matters of interpretation arising  from Council Regulations (EEC) No 1408/71 and (EEC) No 574/72,Having been requested to decide which  workers are referred to in Article 71  (1)  (b)  (ii) of Regulation (EEC) No 1408/71,Whereas the  categories of workers expressly referred to by Decision No 94 of 24 January 1974 should be extended  and this Decision amended accordingly,Whereas Article 71 of the said Regulation lays down special  rules concerning the granting and the payment of unemployment benefits to unemployed persons who,  during their last employment, resided in a Member State other than the competent State;Whereas the  determining factor for the application of Article 71 in its entirety is the fact that the person  concerned resided during his last employment in a Member State other than the one to the  legislation of which he was subject, which does not necessarily correspond to the one in which he  was employed;Whereas, according to the definition given in Article 1  (h) of Regulation (EEC) No  1408/71, the term 'residence' means habitual residence, 'stay' being defined as temporary residence  in subparagraph  (i) of that Article;Whereas the workers referred to in Articles 14  (1) and 14b   (1) of Regulation (EEC) No 1408/71 are presumed in the absence of proof to the contrary to reside  in the competent State;Whereas it ensues from the provisions of Article 1  (b) and (c) of  Regulation (EEC) No 1408/71 that frontier workers and seasonal workers have their place of  residence in a country other than the country of employment, which, by virtue of Article 13  (2)   (a) of the said Regulation is the competent country and that there is therefore no doubt that such  workers are covered by Article 71 of the same Regulation;Whereas the categories of workers referred  to by Articles 13  (2)  (c), 14  (2)  (a) and (b) and 3 of Regulation (EEC) No 1408/71 are likely  to reside, in certain cases, in a Member State other than the State determined as being competent  under that Article;Whereas for the categories of workers referred to by Articles 13  (2)  (c), 14   (2)  (a) and (b) and 3 above, determining in what State such workers have their place of residence  must be examined on a case by case basis and whereas this must be done for workers referred to in  Article 14  (2)  (a) and (b) for the purposes of their affiliation;Whereas, under Article 71  (1)   (a)  (ii) and (b)  (ii), responsibility for the payment of benefits is transferred from the  competent State to the country of residence where the person concerned puts himself at the disposal  of the employment services of the latter country;Whereas, although this is acceptable in the case  of frontier workers and of seasonal workers and of certain other categories who likewise retain  close links with their country of origin, it would no longer be acceptable if, by too broad an  interpretation of the concept of 'residence', the field of application of Article 71 of Regulation  (EEC) No 1408/71 were to be extended to include all migrant workers who have fairly stable  employment in a Member State and who have left their families in their country of origin;Acting in  accordance with the provisions of Article 80 (3) of Regulation (EEC) No 1408/71,HAS DECIDED AS  FOLLOWS:1.  In addition to seasonal workers, Article 71  (1)  (b)  (ii) of Regulation (EEC) No  1408/71 shall apply in particular to the following categories of workers:(a)  workers referred to  in Article 13  (2)  (c) of the said Regulation;(b)  workers employed in international transport as  referred to in Article 14  (2)  (a) of the said Regulation;(c)  workers other than workers employed  in international transport who normally pursue their occupation in several Member States as  referred to in Article 14  (2)  (b);(d)  workers employed by an undertaking straddling a common  frontier as referred to in Article 14  (3);where they resided during their last employment in a  Member State other than the competent State.2.  Workers referred to in paragraph 1, who during  their last employment were subject to the legislation of a Member State other than the State of the  place of employment shall be eligible for benefits according to the provisions of the legislation  of the State of residence, as if they had previously been subject to that legislation.3.  Workers  referred to in Articles 14  (1) and 14b  (1) shall be presumed, in the absence of proof to the  contrary, to reside in the competent State.4.  This Decision, which replaces Decision No 94 of 24  January 1974, shall enter into force on the first day of the month following its publication in the  Official Journal of the European Communities.The Chairmanof the Administrative CommissionG.  SCHROEDER


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31998D1015(01)

Council Decision of 1 October 1998 appointing the Spanish members in the workers' representatives category of the Advisory Committee on Vocational Training

Official Journal C 317 , 15/10/1998 P. 0001 - 0001

COUNCIL DECISION of 1 October 1998 appointing the Spanish members in the workers' representatives category of the Advisory Committee on Vocational Training (98/C 317/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 128 thereof,Having regard to the Council Decision of 2 April 1963 laying down general principles for implementing a common vocational training policy (1), and in particular the fourth principle thereof,Whereas, by its Decision of 16 March 1998 (2), the Council appointed for the period 16 March 1998 to 15 March 2000 the members and alternate members of the Advisory Committee on Vocational Training, with the exception of the representatives of the Spanish workers' organisations;Having regard to the communication submitted by the Spanish Government,HAS DECIDED AS FOLLOWS:Article 1 The following are hereby appointed members and alternate members of the Advisory Committee on Vocational Training for the period from 1 October 1998 to 15 March 2000:>TABLE>Article 2 This Decision shall be published, for information, in the Official Journal of the European Communities.Done at Luxembourg, 1 October 1998.For the CouncilThe PresidentC. EINEM(1) OJ 63, 20.4.1963, p. 1338/63.(2) OJ C 99, 1.4.1998, p. 4.


title: Decision (EU) 2016/1494 of the European Parliament of 28 April 2016 on the closure of the accounts of the Translation Centre for the Bodies of the European Union for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/185

         DECISION (EU) 2016/1494 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on the closure of the accounts of the Translation Centre for the Bodies of the European Union for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Translation Centre for the Bodies of the European Union for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Translation Centre for the Bodies of the European Union for the financial year 2014, together with the Centre’s reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Centre in respect of the implementation of the budget for the financial year 2014 (05584/2016 — C8-0068/2016),

               —

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

               —

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

               —

               having regard to Council Regulation (EC) No 2965/94 of 28 November 1994 setting up a Translation Centre for Bodies of the European Union (4), and in particular Article 14 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5),

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A8-0084/2016),

               1.

               Notes that the final annual accounts of the Translation Centre for the Bodies of the European Union are as annexed to the Court of Auditors’ report;

               2.

               Approves the closure of the accounts of the Translation Centre for the Bodies of the European Union for the financial year 2014;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 409, 9.12.2015, p. 33.

      (2)  See footnote 1.

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

      (4)  OJ L 314, 7.12.1994, p. 1.

      (5)  OJ L 357, 31.12.2002, p. 72.

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


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31996D0663

96/663/EC: Council Decision of 21 November 1996 amending Decision 93/246/EEC adopting the second phase of the trans-European cooperation scheme for higher education (Tempus II) (1994 to 1998)

Official Journal L 306 , 28/11/1996 P. 0036 - 0039

COUNCIL DECISION of 21 November 1996 amending Decision 93/246/EEC adopting the second phase of the trans-European cooperation scheme for higher education (Tempus II) (1994 to 1998) (96/663/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Having regard to the opinion of the Economic and Social Committee (3),Having regard to the opinion of the Committee of the Regions (4),(1) Whereas on 18 December 1989 the Council adopted Regulation (EEC) No 3906/89 on economic aid to the Republic of Hungary and the Polish People's Republic (5), which provides for aid to support the process of economic and social reform in central and eastern European countries in areas including training;(2) Whereas on 19 July 1993 the Council adopted Regulation (Euratom, EEC) No 2053/93 concerning the provision of technical assistance to economic reform and recovery in the independent States of the former Soviet Union and Mongolia (6);(3) Whereas on 29 April 1993 the Council adopted Decision 93/246/EEC adopting the second phase of the trans-European cooperation scheme for higher education (Tempus II) (7) for a period of four years from 1 July 1994;(4) Whereas the countries of Central and Eastern Europe and of the former Soviet Union, which are beneficiaries of the Phare and Tacis programmes, consider training and, in particular, higher education, to be one of the key areas for the process of economic and social reform;(5) Whereas the European Community has concluded Association Agreements with six countries of Central Europe (8) and has signed such agreements with four others (9);(6) Whereas other Association Agreements may be signed in the future with other countries of Central Europe;(7) Whereas the Essen European Council (December 1994) established a 'pre-accession` strategy for these associated countries, involving, notably, access to Community programmes, especially in the area of education and training;(8) Whereas Tempus can still make an effective contribution to the structural development of higher education required to improve occupational skills adapted to economic reform, with a view to their incorporation into the internal market of the Community; whereas there is no other instrument for achieving this objective;(9) Whereas the associated countries of Central Europe are required to define a particular strategy and their specific needs in connection with Tempus, with particular regard to the new possibility of participation in the Socrates and Leonardo programmes;(10) Whereas the Socrates programme pursuant to (Article 7 (3)) and the Leonardo programme pursuant to (Article 9 (1)) are open to participation by the associated countries of Central and Eastern Europe (CCEE), in accordance with the conditions laid down in the Additional Protocols of the Association Agreements regarding access to Community programmes to be concluded with these countries;(11) Whereas the European Community has signed Partnership Agreements with Belarus, Kazakhstan, Kyrgyzstan, Moldova, the Russian Federation and Ukraine and whereas it is currently negotiating agreements with other independent States of the former Soviet Union;(12) Whereas the recent establishment of Tempus in the countries which are recipients of Tacis assistance, whose needs are greater and whose area is more extensive, fully warrants the continuation of the existing measures;(13) Whereas a funding plan has been drawn up for the Phare and Tacis programmes up to 31 December 1999;(14) Whereas Article 11 of Decision 93/246/EEC stipulates that the Commission will evaluate the implementation of the Tempus programme and will submit, before 30 April 1996, a proposal for the continuation or adaptation of the programme for the period beginning 1 July 1998;(15) Whereas the results of this evaluation confirmed the decision to adopt and further diversify the forms of assistance in line with national needs and the priorities of the systems of higher education;(16) Whereas this evaluation has shown the ability of Tempus to make an effective contribution in the partner countries to the diversification of educational opportunities and to cooperation between universities, thereby creating the right conditions for the development of scientific, cultural and economic cooperation;(17) Whereas the results of the evaluation, as set out above, are confirmed by the assessment of the programme by the competent authorities of the countries of Central and Eastern Europe and of the Republics of the former Soviet Union, and by the opinions expressed by the users of the programme and the facilities responsible for its organization in the partner countries and in the European Union, and by the qualified experts and representatives reflecting the views of the university community in Europe;(18) Whereas there exist in the Community and in third countries regional and/or national, public and/or private facilities which can be called upon to assist in the effective provision of financial support in the area of training at higher-education level;(19) Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 235; whereas the conditions for invoking that Article have been satisfied,HAS DECIDED AS FOLLOWS:Sole Article Decision 93/246/EEC is hereby amended as follows:1. Article 1 shall be replaced by the following:'Article 1Duration of Tempus IIThe second phase of the trans-European cooperation scheme for university studies (hereinafter referred to as "Tempus II") is hereby adopted for a period of six years as of 1 July 1994.`2. The Annex shall be replaced by the text appearing in the Annex to this Decision.3. The last two paragraphs of Article 11 shall be replaced by the following:'The Commission shall submit an interim report, including the results of the evaluation, before 30 April 1998. If appropriate, this report shall be accompanied by a proposal for the continuation or adaptation of Tempus for the period beginning 1 July 2000 for the partner countries which do not yet have the possibility of taking part in the higher education activities of the Community programmes of education and training (Socrates - Leonardo).The Commission shall present a final report by 30 June 2004 at the latest.`Done at Brussels, 21 November 1996.For the CouncilThe PresidentN. BHREATHNACH(1) OJ No C 207, 18. 7. 1996, p. 8.(2) Opinion delivered on 15 November 1996 (not yet published in the Official Journal).(3) OJ No C 295, 7. 10. 1996, p. 34.(4) Opinion delivered on 19 September 1996 (not yet published in the Official Journal).(5) OJ No L 375, 23. 12. 1989, p. 11. Regulation last amended by Council Regulation (EEC) No 463/96. (OJ No L 65, 15. 3. 1996, p. 3).(6) OJ No L 187, 29. 7. 1993, p. 1.(7) OJ No L 112, 6. 5. 1993, p. 34.(8) Poland, Hungary, the Czech Republic, the Slovak Republic, Romania and Bulgaria.(9) Estonia, Latvia, Lithuania and Slovenia.ANNEX 'ANNEXJoint European projects1. The European Community will provide support for joint European projects of a maximum duration of three years.Joint European projects will comprise at least one university from a partner country, one university from a Member State and one partner institution (university or enterprise) from another Member State.2. Joint European project grants may be awarded for activities according to the specific needs of the institutions concerned and according to the priorities laid down, including:(i) joint education and training measures, notably for the establishment of new curricula, the development and overhaul of existing curricula, the development of universities' capacities to provide continuing education and retraining, the provision of short intensive courses, and the development of systems of distance learning;(ii) measures for the reform and development of the higher education system and its capacities, notably by means of the restructuring of the management of higher education institutions and systems, the upgrading of existing facilities by the acquisition of the equipment needed to implement a joint European project and, where appropriate, the provision of technical and financial assistance to the competent authorities;(iii) the promotion of cooperation between universities and the socio-economic players, including industry, through joint projects;(iv) the development of the mobility of teachers, university administrative staff and students within the framework of joint European projects:(a) grants will be awarded to teaching/administrative staff from universities or to instructors from enterprises, in the Member States, to carry out teaching/training assignments for periods lasting from one week to one year in partner countries and vice versa (1);(b) grants will be awarded to teaching/administrative staff of universities in the partner countries to undertake retraining and updating training in the European Community (1);(c) grants will be awarded to students, up to and including at doctorate level, and will be available both to students from the partner countries carrying out periods of study in the European Community and to students from the Community spending study periods in the partner countries. These grants will normally be awarded for a period of between three months and one year (1);(d) for students participating in joint European projects, whose specific aim is to foster mobility, priority will be given to students participating in projects in which the period of study abroad will be granted full recognition by the student's home university (1);(e) support will be provided for industrial or practical placements, of between one month and one year, to teachers, instructors, students and graduates of the partner countries between the end of these studies and their first employment, so that they can undertake a period of practical training in enterprises in the Community and vice versa (1).(v) activities to ensure the success of a joint European project involving two or more partner countries.Structural and/or complementary measuresGrants will be awarded for a number of structural and/or complementary measures (including technical assistance, seminars, studies, publications, information activities). These measures are designed to support the objectives of the programme, notably to contribute to the development and restructuring of the higher education systems in the partner countries.In connection with these structural measures, grants will be awarded, in order to, among other things:- develop and strengthen the capacities for strategic planning and institutional development of institutes of higher education at university or faculty level,- support the multiplication of cooperation measures designed to achieve the objectives of Tempus and to ensure its duration,- draw up a national strategy in a particular partner country for the development of a specific aspect of higher education.(1) No individual mobility grants will be awarded where these activities are available under the Community programmes of education and training (Socrates, Leonardo).Individual grantsIn addition to joint European projects and structural and/or complementary measures, the European Community will also support the provision of individual grants to teachers, instructors, university administrators, senior Ministry officials, education planners and other training experts from partner countries or the Community for visits designed to promote the quality, development and restructuring of higher education and training in the partner countries.These visits will cover the following areas in particular:- the development of courses and teaching material,- the development of staff, notably by periods of retraining and industrial placements,- teaching assignments,- activities for supporting the development of higher education.Support activities1. The necessary technical assistance will be provided to the Commission to underpin the activities carried out in accordance with the Decision and to ensure the necessary monitoring of the implementation of the programme.2. Support will be provided for appropriate external evaluation of Tempus II.`


title: 2011/757/EU: Decision of the European Parliament of 25 October 2011 on the closure of the accounts of the European Police College for the financial year 2009

text:
               26.11.2011

               EN

               Official Journal of the European Union

               L 313/25

         DECISION OF THE EUROPEAN PARLIAMENT
   of 25 October 2011
   on the closure of the accounts of the European Police College for the financial year 2009
   (2011/757/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Police College for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the European Police College for the financial year 2009, together with the College’s replies (1),
   having regard to the Council’s recommendation of 15 February 2011 (05892/2011 – C7-0052/2011),
   having regard to its Decision of 10 May 2011 (2) postponing the discharge decision for the financial year 2009, and the replies by the Director of the European Police College,
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Council Decision 2005/681/JHA of 20 September 2005 establishing the European Police College (CEPOL) (4), and in particular Article 16 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,
   having regard to Commission Decision C(2011) 4680 of 30 June 2011 granting consent to a derogation requested by the European Police College from Regulation (EC, Euratom) No 2343/2002,
   having regard to the report of the European Police College of 12 July 2010 on the Reimbursement of Private Expenditure (10/0257/KA),
   having regard to the external audit commissioned by the European Police College (Contract Ref. No CEPOL/2010/001) on the reimbursement of private expenditure,
   having regard to the final report on the 5-year external evaluation of the European Police College (Contract Ref. No CEPOL/CT/2010/002),
   having regard to the Annual Activity Report 2009 of the Justice, Freedom and Security DG,
   having regard to the 4th progress report of the European Police College on the implementation of its Multiannual Action Plan (MAP) for 2010-14,
   having regard to the Court of Auditors’ report on the implementation of the European Police College MAP for 2010-14,
   having regard to the note of the Internal Audit Service (IAS) of 4 July 2011 (Ref. Ares (2011) 722479) on the 3rd progress report on the implementation of the European Police College MAP for 2010-14,
   having regard to the report and annexes of the European Police College on the implementation of the European Parliament’s Resolution on ‘2009 Discharge: European Police College’,
   having regard to the report and annex of the European Police College on the application of its Procurement Manual for the period covering 1 July 2010 – 1 July 2011,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the second report of the Committee on Budgetary Control of (A7-0330/2011),

               1.

               Approves the closure of the accounts of the European Police College for the financial year 2009;

               2.

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

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 137.

      (2)  OJ L 250, 27.9.2011, p. 260.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 256, 1.10.2005, p. 63.

      (5)  OJ L 357, 31.12.2002, p. 72.


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31979D0511

79/511/EEC: Council Decision of 24 May 1979 on a financial contribution from the Community to the campaign against foot-and-mouth disease in south-east Europe

Official Journal L 133 , 31/05/1979 P. 0032 - 0032 Greek special edition: Chapter 03 Volume 25 P. 0108

COUNCIL DECISION  of 24 May 1979  on a financial contribution from the Community to the campaign against foot-and-mouth disease in south-east Europe  (79/511/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 43 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas there have been outbreaks of foot-and-mouth disease caused by viruses foreign to the Community in recent years in certain regions of south-east Europe ; whereas the danger to Community livestock from such exotic foot-and-mouth viruses has not yet been removed ; whereas, consequently, aid should continue to be granted to the non-member countries concerned to enable them to apply measures designed to prevent the spread of these viruses, in particular by the creation of buffer zones in these regions,  HAS DECIDED AS FOLLOWS:    Article 1 The estimated assistance of the Community in the campaign undertaken in the countries of south-east Europe against exotic foot-and-mouth viruses shall be a maximum of 700 000 European units of account.   Article 2 The Commission shall responsible for supervising the manner in which the sum provided for in Article 1 is used. It shall report to the Council on the implementation of this Decision.     Done at Brussels, 24 May 1979.  For the Council  The President  J. FRANÇOIS-PONCET  (1)OJ No C 61, 6.3.1979, p. 5.


title: Council Decision 2012/123/CFSP of 27 February 2012 amending Decision 2011/523/EU partially suspending the application of the Cooperation Agreement between the European Economic Community and the Syrian Arab Republic

text:
               28.2.2012

               EN

               Official Journal of the European Union

               L 54/18

         COUNCIL DECISION 2012/123/CFSP
   of 27 February 2012
   amending Decision 2011/523/EU partially suspending the application of the Cooperation Agreement between the European Economic Community and the Syrian Arab Republic
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 207 in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 18 January 1977, the European Economic Community and the Syrian Arab Republic concluded a Cooperation Agreement (1) (‘the Cooperation Agreement’) to promote overall cooperation with a view to strengthening relations between them.

               (2)

               On 2 September 2011, the Council adopted Decision 2011/523/EU (2) which partially suspends the application of the Cooperation Agreement until the Syrian authorities put an end to the systematic violations of human rights and can again be considered as being in compliance with general international law and the principles which form the basis of the Cooperation Agreement.

               (3)

               Since then, and in view of the further deterioration of the situation in Syria, the Union has adopted further restrictive measures against the Syrian regime (3).

               (4)

               In this regard, the partial suspension of the application of the Cooperation Agreement should continue. In line with the approach set out in Decision 2011/523/EU, the suspension should aim at targeting the Syrian authorities, not the people of Syria, and should be limited accordingly. Since gold, precious metals and diamonds are products the trade in which benefits in particular the Syrian regime, and which therefore supports its repressive policies, the suspension should be extended so as to apply also to trade in these materials,

         HAS ADOPTED THIS DECISION:
   Article 1
   The measures listed in the Annex to this Decision shall be added to the Annex to Decision 2011/523/EU.
   Article 2
   This Decision shall be notified to the Syrian Arab Republic.
   Article 3
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 27 February 2012.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 269, 27.9.1978, p. 2.

      (2)  OJ L 228, 3.9.2011, p. 19.

      (3)  Council Regulation (EU) No 36/2012 of 18 January 2012 concerning restrictive measures in view of the situation in Syria (OJ L 16, 19.1.2012, p. 1), Council Implementing Regulation (EU) No 55/2012 of 23 January 2012 implementing Article 33(1) of Regulation (EU) No 36/2012 concerning restrictive measures in view of the situation in Syria (OJ L 19, 24.1.2012, p. 6), Council Implementing Decision 2012/37/CFSP of 23 January 2012 implementing Decision 2011/782/CFSP concerning restrictive measures against Syria (OJ L 19, 24.1.2012, p. 33).

      ANNEX

         List of measures referred to in Article 1

                  ‘(6)

                  The sale, supply, transfer or export, directly or indirectly, of gold, precious metals and diamonds, as listed below, whether or not originating in the Union, to the Government of Syria, its public bodies, corporations and agencies, the Central Bank of Syria, any person, entity or body acting on their behalf or at their direction, or any entity or body owned or controlled by them;

                  (7)

                  The purchase, import or transport, directly or indirectly, of gold, precious metals and diamonds, as listed below, whether the item concerned originates in Syria or not, from the Government of Syria, its public bodies, corporations and agencies, the Central Bank of Syria and any person, entity or body acting on their behalf or at their direction, or any entity or body owned or controlled by them; and

                  (8)

                  The provision, directly or indirectly, technical assistance or brokering services, financing or financial assistance, related to the goods referred to in points (6) and (7), to the Government of Syria, its public bodies, corporations and agencies, the Central Bank of Syria and any person, entity or body acting on their behalf or at their direction, or any entity or body owned or controlled by them.

            The gold, precious metals and diamonds referred to in this Annex are:

                     HS Code

                     Description

                  7102

                  Diamonds, whether or not worked, but not mounted or set.

                  7106

                  Silver (including silver plated with gold or platinum), unwrought or in semi-manufactured forms, or in powder form.

                  7108

                  Gold (including gold plated with platinum), unwrought or in semi-manufactured forms, or in powder form.

                  7109

                  Base metals or silver, clad with gold, not further worked than semi-manufactured.

                  7110

                  Platinum, unwrought or in semi-manufactured forms, or in powder form.

                  7111

                  Base metals, silver or gold, clad with platinum, not further worked than semi-manufactured.

                  7112

                  Waste and scrap of precious metal or of metal clad with precious metal; other waste and scrap containing precious metal or precious-metal compounds, of a kind used principally for the recovery of precious metal.’.


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32002D0951

2002/951/EC: Commission Decision of 3 December 2002 terminating the accelerated review of Council Regulation (EC) No 1599/1999 imposing a definitive countervailing duty on imports of stainless steel wire with a diameter of 1 mm or more originating in India

Official Journal L 330 , 06/12/2002 P. 0035 - 0036

Commission Decisionof 3 December 2002terminating the accelerated review of Council Regulation (EC) No 1599/1999 imposing a definitive countervailing duty on imports of stainless steel wire with a diameter of 1 mm or more originating in India(2002/951/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community(1) (hereinafter referred to as "the basic Regulation"), as amended by Regulation (EC) No 1973/2002(2), and in particular Article 20 thereof,After consulting the Advisory Committee,Whereas:A. PREVIOUS PROCEDURE(1) By Regulation (EC) No 1599/1999(3), as amended by Regulation (EC) No 164/2002(4), the Council imposed a definitive countervailing duty on imports of stainless steel wire having a diameter 1 mm or more (hereinafter referred to as "the product concerned") falling within CN code ex 7223 00 19 originating in India. The measures took the form of ad valorem duties of between 0 % and 35,4 % on individual exporters, with a residual duty of 48,8 %.B. CURRENT PROCEDURE1. Request for review(2) Subsequent to the imposition of definitive measures, the Commission received a request for the initiation of an accelerated review of Regulation (EC) No 1599/1999, pursuant to Article 20 of the basic Regulation, from one Indian producer, Garg Sales Co. PVT Ltd (the applicant). The applicant claimed that it was not related to any other exporters of the product concerned in India. Furthermore, it claimed that it had not exported the product concerned during the original period of investigation (1 April 1997 to 31 March 1998), but had exported the product concerned to the Community after that period. On the basis of the above, it requested that an individual duty rate be established for it.2. Initiation of an accelerated review(3) The Commission examined the evidence submitted by the applicant and considered it sufficient to justify the initiation of a review in accordance with the provisions of Article 20 of the basic Regulation. After consultation of the Advisory Committee and after the Community industry concerned had been given the opportunity to comment, the Commission initiated, by a notice in the Official Journal of the European Communities(5), an accelerated review of Regulation (EC) No 1599/1999 with regard to the company concerned and commenced its investigation.3. Non cooperation by the exporting producer(4) In order to obtain the information it deemed necessary for its investigation, the Commission sent a questionnaire to the applicant. However, the Commission did not receive any reply to the questionnaire within the deadline set for that purpose. Neither did the applicant request an extension of that deadline. The Commission informed the applicant that in these circumstances it was intended to proceed with the termination of the review investigation without examining further its request for establishing an individual duty rate. The applicant was given a period of 10 days to comment. No comments from the applicant were received on the disclosure of the Commission's intention to terminate the review investigation.(5) Consequently, it must be concluded that Garg Sales Co. PVT Ltd has failed to cooperate in the investigation by not replying to the questionnaire sent by the Commission. The accelerated review should therefore be terminated,HAS ADOPTED THIS DECISION:Sole ArticleThe accelerated review of Council Regulation (EC) No 1599/1999 concerning imports of stainless steel wire with a diameter of 1 mm or more originating in India is hereby terminated.Done at Brussels, 3 December 2002.For the CommissionPascal LamyMember of the Commission(1) OJ L 288, 21.10.1997, p. 1.(2) OJ L 305, 7.11.2002, p. 4.(3) OJ L 189, 22.7.1999, p. 1.(4) OJ L 30, 31.1.2002, p. 9.(5) OJ C 175, 23.7.2002, p. 3.


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31970D0243

70/243/ECSC, EEC, Euratom: Council Decision of 21 April 1970 on the replacement of financial contributions from Member States by the Communities' own resources

Official Journal L 094 , 28/04/1970 P. 0019 - 0022 Danish special edition: Series I Chapter 1970(I) P. 0201  English special edition: Series I Chapter 1970(I) P. 0224

++++COUNCIL DECISION  OF 21 APRIL 1970  ON THE REPLACEMENT OF FINANCIAL CONTRIBUTIONS FROM MEMBER STATES BY THE COMMUNITIES' OWN RESOURCES   ( 70/243 ECSC , EEC , EURATOM )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 201 THEREOF ;  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY , AND IN PARTICULAR ARTICLE 173 THEREOF ;  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ;  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ;  WHEREAS COMPLETE REPLACEMENT OF THE FINANCIAL CONTRIBUTIONS FROM MEMBER STATES BY THE COMMUNITIES' OWN RESOURCES CAN ONLY BE ACHIEVED PROGRESSIVELY ;  WHEREAS ARTICLE 2 ( 1 ) OF REGULATION N 25 ON FINANCING THE COMMON AGRICULTURAL POLICY STIPULATES THAT AT THE SINGLE MARKET STAGE REVENUE FROM AGRICULTURAL LEVIES SHALL BE ALLOCATED TO THE COMMUNITY AND APPROPRIATED TO COMMUNITY EXPENDITURE ;  WHEREAS ARTICLE 201 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY REFERS EXPLICITLY , AMONG THE COMMUNITY'S OWN RESOURCES WHICH COULD REPLACE FINANCIAL CONTRIBUTIONS FROM MEMBER STATES , TO REVENUE ACCRUING FROM THE COMMON CUSTOMS TARIFF WHEN THE LATTER HAS BEEN FINALLY INTRODUCED ;  WHEREAS THE EFFECTS ON THE BUDGETS OF THE MEMBER STATES OF THE TRANSFER TO THE COMMUNITIES OF REVENUE ACCRUING FROM THE COMMON CUSTOMS TARIFF SHOULD BE MITIGATED ; WHEREAS A SYSTEM SHOULD BE PROVIDED WHICH WILL MAKE IT POSSIBLE TO ACHIEVE TOTAL TRANSFER PROGRESSIVELY AND WITHIN A DEFINITE PERIOD OF TIME ;  WHEREAS REVENUE ACCRUING FROM AGRICULTURAL LEVIES AND CUSTOMS DUTIES IS NOT SUFFICIENT TO ENSURE THAT THE BUDGET OF THE COMMUNITIES IS IN BALANCE ; WHEREAS , THEREFORE , IT IS ADVISABLE TO ALLOCATE TO THE COMMUNITIES , IN ADDITION , TAX REVENUE , THE MOST APPROPRIATE BEING THAT ACCRUING FROM THE APPLICATION OF A SINGLE RATE TO THE BASIS FOR ASSESSING THE VALUE ADDED TAX , DETERMINED IN A UNIFORM MANNER FOR THE MEMBER STATES ;  HAS LAID DOWN THESE PROVISIONS , WHICH IT RECOMMENDS TO THE MEMBER STATES FOR ADOPTION :  ARTICLE 1  THE COMMUNITIES SHALL BE ALLOCATED RESOURCES OF THEIR OWN IN ACCORDANCE WITH THE FOLLOWING ARTICLES IN ORDER TO ENSURE THAT THEIR BUDGET IS IN BALANCE .  ARTICLE 2  FROM 1 JANUARY 1971 REVENUE FROM :   ( A ) LEVIES , PREMIUMS , ADDITIONAL OR COMPENSATORY AMOUNTS , ADDITIONAL AMOUNTS OR FACTORS AND OTHER DUTIES ESTABLISHED OR TO BE ESTABLISHED BY THE INSTITUTIONS OF THE COMMUNITIES IN RESPECT OF TRADE WITH NON-MEMBER COUNTRIES WITHIN THE FRAMEWORK OF THE COMMON AGRICULTURAL POLICY , AND ALSO CONTRIBUTIONS AND OTHER DUTIES PROVIDED FOR WITHIN THE FRAMEWORK OF THE ORGANISATION OF THE MARKETS IN SUGAR ( HEREINAFTER CALLED " AGRICULTURAL LEVIES " ) ;   ( B ) COMMON CUSTOMS TARIFF DUTIES AND OTHER DUTIES ESTABLISHED OR TO BE ESTABLISHED BY THE INSTITUTIONS OF THE COMMUNITIES IN RESPECT OF TRADE WITH NON-MEMBER COUNTRIES ( HEREINAFTER CALLED " CUSTOMS DUTIES " ) ;  SHALL , IN ACCORDANCE WITH ARTICLE 3 , CONSTITUTE OWN RESOURCES TO BE ENTERED IN THE BUDGET OF THE COMMUNITIES .  IN ADDITION , REVENUE ACCRUING FROM OTHER CHARGES INTRODUCED WITHIN THE FRAMEWORK OF A COMMON POLICY IN ACCORDANCE WITH THE PROVISIONS OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY OR THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY SHALL CONSTITUTE OWN RESOURCES TO BE ENTERED IN THE BUDGET OF THE COMMUNITIES , SUBJECT TO THE PROCEDURE LAID DOWN IN ARTICLE 201 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY OR IN ARTICLE 173 OF THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY HAVING BEEN FOLLOWED .  ARTICLE 3  1 . FROM 1 JANUARY 1971 THE TOTAL REVENUE FROM AGRICULTURAL LEVIES SHALL BE ENTERED IN THE BUDGET OF THE COMMUNITIES .  FROM THE SAME DATE , REVENUE FROM CUSTOMS DUTIES SHALL PROGRESSIVELY BE ENTERED IN THE BUDGET OF THE COMMUNITIES .  THE AMOUNT OF THE CUSTOMS DUTIES APPROPRIATED TO THE COMMUNITIES EACH YEAR BY EACH MEMBER STATE SHALL BE EQUAL TO THE DIFFERENCE BETWEEN A REFERENCE AMOUNT AND THE AMOUNT OF THE AGRICULTURAL LEVIES APPROPRIATED TO THE COMMUNITIES PURSUANT TO THE FIRST SUBPARAGRAPH . WHERE THIS DIFFERENCE IS NEGATIVE , THERE SHALL BE NO PAYMENT OF CUSTOMS DUTIES BY THE MEMBER STATE CONCERNED NOR REPAYMENT OF AGRICULTURAL LEVIES BY THE COMMUNITIES .  THE REFERENCE AMOUNT REFERRED TO IN THE THIRD SUBPARAGRAPH SHALL BE :   _ 50 % IN 1971   _ 62 * 5 % IN 1972   _ 75 % IN 1973   _ 87 * 5 % IN 1974   _ 100 % FROM 1 JANUARY 1975 ONWARDS  OF THE TOTAL AMOUNT OF THE AGRICULTURAL LEVIES AND CUSTOMS DUTIES COLLECTED BY EACH MEMBER STATE .  THE COMMUNITIES SHALL REFUND TO EACH MEMBER STATE 10 % OF THE AMOUNTS PAID IN ACCORDANCE WITH THE PRECEDING SUBPARAGRAPHS IN ORDER TO COVER EXPENSE INCURRED IN COLLECTION .  2 . DURING THE PERIOD 1 JANUARY 1971 TO 31 DECEMBER 1974 , THE FINANCIAL CONTRIBUTIONS FROM MEMBER STATES REQUIRED IN ORDER TO ENSURE THAT THE BUDGET OF THE COMMUNITIES IS IN BALANCE SHALL BE APPORTIONED ON THE FOLLOWING SCALE :   _ BELGIUM 6 * 8   _ GERMANY 32 * 9   _ FRANCE 32 * 6   _ ITALY 20 * 2   _ LUXEMBOURG 0 * 2   _ NETHERLANDS 7 * 3  3 . DURING THE SAME PERIOD , HOWEVER , THE VARIATION FROM YEAR TO YEAR IN THE SHARE OF EACH MEMBER STATE IN THE AGGREGATE OF THE AMOUNTS PAID IN ACCORDANCE WITH PARAGRAPHES 1 AND 2 MAY NOT EXCEED 1 % UPWARDS OR 1 * 5 % DOWNWARDS , WHERE THESE AMOUNTS ARE TAKEN INTO CONSIDERATION WITHIN THE FRAMEWORK OF THE SECOND SUBPARAGRAPH . FOR 1971 , THE FINANCIAL CONTRIBUTIONS OF EACH MEMBER STATE TO THE COMBINED BUDGETS FOR 1970 SHALL BE TAKEN AS REFERENCE FOR THE APPLICATION OF THIS RULE , TO THE EXTENT THAT THESE BUDGETS ARE TAKEN INTO CONSIDERATION WITHIN THE FRAMEWORK OF THE SECOND SUBPARAGRAPH .  IN THE APPLICATION OF THE FIRST SUBPARAGRAPH , THE FOLLOWING FACTORS SHALL BE TAKEN INTO CONSIDERATION FOR EACH FINANCIAL YEAR :   ( A ) EXPENDITURE RELATING TO PAYMENT APPROPRIATIONS DECIDED ON FOR THE FINANCIAL YEAR IN QUESTION FOR THE RESEARCH AND INVESTMENT BUDGET OF THE EUROPEAN ATOMIC ENERGY COMMUNITY , WITH THE EXCEPTION OF EXPENDITURE RELATING TO SUPPLEMENTARY PROGRAMMES ;   ( B ) EXPENDITURE RELATING TO APPROPRIATIONS TO THE EUROPEAN SOCIAL FUND ;   ( C ) FOR THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND , EXPENDITURE RELATING TO APPROPRIATIONS TO THE GUARANTEE SECTION AND TO THE GUIDANCE SECTION , WITH THE EXCEPTION OF APPROPRIATIONS ENTERED OR RE-ENTERED FOR ACCOUNTING PERIODS PRECEDING THE FINANCIAL YEAR CONCERNED . FOR THE REFERENCE YEAR 1970 SUCH EXPENDITURE SHALL BE :   _ FOR THE GUARANTEE SECTION , THAT REFERRED TO IN ARTICLE 8 OF COUNCIL REGULATION ( EEC ) N 728/70 OF 21 APRIL 1970 LAYING DOWN ADDITIONAL PROVISIONS FOR FINANCING THE COMMON AGRICULTURAL POLICY ;   _ FOR THE GUIDANCE SECTION , AN AMOUNT OF 285 MILLION UNITS OF ACCOUNT APPORTIONED ON THE BASIS OF THE SCALE LAID DOWN IN ARTICLE 7 OF THAT REGULATION ;  IT BEING UNDERSTOOD THAT , FOR CALCULATING THE SHARE OF GERMANY , A PERCENTAGE OF 31 * 5 SHALL BE TAKEN AS THE REFERENCE SCALE ;   ( D ) OTHER EXPENDITURE RELATING TO THE APPROPRIATIONS ENTERED IN THE COMMUNITY BUDGET .  SHOULD THE APPLICATION OF THIS PARAGRAPH TO ONE OR MORE MEMBER STATES RESULT IN A DEFICIT IN THE BUDGET OF THE COMMUNITIES , THE AMOUNT OF THAT DEFICIT SHALL BE SHARED FOR THE YEAR IN QUESTION BETWEEN THE OTHER MEMBER STATES WITHIN THE LIMITS LAID DOWN IN THE FIRST SUBPARAGRAPH AND ACCORDING TO THE CONTRIBUTION SCALE FIXED IN PARAGRAPH 2 . IF NECESSARY , THE OPERATION SHALL BE REPEATED .  4 . FINANCING FROM THE COMMUNITIES' OWN RESOURCES OF THE EXPENDITURE CONNECTED WITH RESEARCH PROGRAMMES OF THE EUROPEAN ATOMIC ENERGY COMMUNITY SHALL NOT EXCLUDE ENTRY IN THE BUDGET OF THE COMMUNITIES OF EXPENDITURE RELATING TO SUPPLEMENTARY PROGRAMMES OR THE FINANCING OF SUCH EXPENDITURE BY MEANS OF FINANCIAL CONTRIBUTIONS FROM MEMBER STATES DETERMINED ACCORDING TO A SPECIAL SCALE FIXED PURSUANT TO A DECISION OF THE COUNCIL ACTING UNANIMOUSLY .  5 . BY WAY OF DEROGATION FROM THIS ARTICLE , APPROPRIATIONS ENTERED IN A BUDGET PRECEDING THAT FOR THE FINANCIAL YEAR 1971 AND CARRIED OVER OR RE-ENTERED IN A LATER BUDGET SHALL BE FINANCED BY FINANCIAL CONTRIBUTIONS FROM MEMBER STATES ACCORDING TO SCALES APPLICABLE AT THE TIME OF THEIR FIRST ENTRY .  APPROPRIATIONS TO THE GUIDANCE SECTION WHICH , WHILE BEING ENTERED FOR THE FIRST TIME IN THE 1971 BUDGET , REFER TO ACCOUNTING PERIODS OF THE EUROPEAN AGRICULTURAL GUIDANCE AND GUARANTEE FUND PRECEDING 1 JANUARY 1971 SHALL BE COVERED BY THE SCALE RELATING TO THOSE PERIODS .  ARTICLE 4  1 . FROM 1 JANUARY 1975 THE BUDGET OF THE COMMUNITIES SHALL , IRRESPECTIVE OF OTHER REVENUE , BE FINANCED ENTIRELY FROM THE COMMUNITIES' OWN RESOURCES .  SUCH RESOURCES SHALL INCLUDE THOSE REFERRED TO IN ARTICLE 2 AND ALSO THOSE ACCRUING FROM THE VALUE ADDED TAX AND OBTAINED BY APPLYING A RATE NOT EXCEEDING 1 % TO AN ASSESSMENT BASIS WHICH IS DETERMINED IN A UNIFORM MANNER FOR MEMBER STATES ACCORDING TO COMMUNITY RULES . THE RATE SHALL BE FIXED WITHIN THE FRAMEWORK OF THE BUDGETARY PROCEDURE . IF AT THE BEGINNING OF A FINANCIAL YEAR THE BUDGET HAS NOT YET BEEN ADOPTED , THE RATE PREVIOUSLY FIXED SHALL REMAIN APPLICABLE UNTIL THE ENTRY INTO FORCE OF A NEW RATE .  DURING THE PERIOD 1 JANUARY 1975 TO 31 DECEMBER 1977 , HOWEVER , THE VARIATION FROM YEAR TO YEAR IN THE SHARE OF EACH MEMBER STATE IN RELATION TO THE PRECEDING YEAR MAY NOT EXCEED 2 % . SHOULD THIS PERCENTAGE BE EXCEEDED , THE NECESSARY ADJUSTMENT SHALL BE MADE , WITHIN THAT VARIATION LIMIT , BY FINANCIAL COMPENSATION BETWEEN THE MEMBER STATES CONCERNED PROPORTIONATE TO THE SHARE BORNE BY EACH OF THEM IN RESPECT OF REVENUE ACCRUING FROM VALUE ADDED TAX OR FROM THE FINANCIAL CONTRIBUTIONS REFERRED TO IN PARAGRAPHS 2 AND 3 .  2 . BY WAY OF DEROGATION FROM THE SECOND SUBPARAGRAPH OF PARAGRAPH 1 , IF ON 1 JANUARY 1975 THE RULES DETERMINING THE UNIFORM BASIS FOR ASSESSING THE VALUE ADDED TAX HAVE NOT YET BEEN APPLIED IN ALL MEMBER STATES BUT HAVE BEEN APPLIED IN AT LEAST THREE OF THEM , THE FINANCIAL CONTRIBUTION TO THE BUDGET OF THE COMMUNITIES TO BE MADE BY EACH MEMBER STATE NOT YET APPLYING THE UNIFORM BASIS FOR ASSESSING THE VALUE ADDED TAX SHALL BE DETERMINED ACCORDING TO THE PROPORTION OF ITS GROSS NATIONAL PRODUCT TO THE SUM TOTAL OF THE GROSS NATIONAL PRODUCTS OF THE MEMBER STATES . THE BALANCE OF THE BUDGET SHALL BE COVERED BY REVENUE ACCRUING FROM THE VALUE ADDED TAX IN ACCORDANCE WITH THE SECOND SUBPARAGRAPH OF PARAGRAPH 1 , COLLECTED BY THE OTHER MEMBER STATES . THIS DEROGATION SHALL CEASE TO BE EFFECTIVE AS SOON AS THE CONDITIONS LAID DOWN IN PARAGRAPH 1 ARE FULFILLED .  3 . BY WAY OF DEROGATION FROM THE SECOND SUBPARAGRAPH OF PARAGRAPH 1 , IF ON 1 JANUARY 1975 THE RULES DETERMINING THE UNIFORM BASIS FOR ASSESSING THE VALUE ADDED TAX HAVE NOT YET BEEN APPLIED IN THREE OR MORE MEMBER STATES , THE FINANCIAL CONTRIBUTION OF EACH MEMBER STATE TO THE BUDGET OF THE COMMUNITIES SHALL BE DETERMINED ACCORDING TO THE PROPORTION OF ITS GROSS NATIONAL PRODUCT TO THE SUM TOTAL OF THE GROSS NATIONAL PRODUCTS OF THE MEMBER STATES . THIS DEROGATION SHALL CEASE TO BE EFFECTIVE AS SOON AS THE CONDITIONS LAID DOWN IN PARAGRAPHS 1 OR 2 ARE FULFILLED .  4 . FOR THE PURPOSE OF PARAGRAPHS 2 AND 3 , " GROSS NATIONAL PRODUCT " MEANS THE GROSS NATIONAL PRODUCT AT MARKET PRICES .  5 . FROM THE COMPLETE APPLICATION OF THE SECOND SUBPARAGRAPH OF PARAGRAPH 1 , ANY SURPLUS OF THE COMMUNITIES' OWN RESOURCES OVER AND ABOVE THE ACTUAL EXPENDITURE DURING A FINANCIAL YEAR SHALL BE CARRIED OVER TO THE FOLLOWING FINANCIAL YEAR .  6 . FINANCING EXPENDITURE CONNECTED WITH RESEARCH PROGRAMMES OF THE EUROPEAN ATOMIC ENERGY COMMUNITY FROM THE COMMUNITIES' OWN RESOURCES SHALL NOT EXCLUDE ENTRY IN THE BUDGET OF THE COMMUNITIES OF EXPENDITURE RELATING TO SUPPLEMENTARY PROGRAMMES NOR THE FINANCING OF SUCH EXPENDITURE BY MEANS OF FINANCIAL CONTRIBUTIONS FROM MEMBER STATES DETERMINED ACCORDING TO A SPECIAL SCALE FIXED PURSUANT TO A DECISION OF THE COUNCIL ACTING UNANIMOUSLY .  ARTICLE 5  THE REVENUE REFERRED TO IN ARTICLE 2 , ARTICLE 3 ( 1 ) AND ( 2 ) AND ARTICLE 4 ( 1 ) TO ( 5 ) SHALL BE USED WITHOUT DISTINCTION TO FINANCE ALL EXPENDITURE ENTERED IN THE BUDGET OF THE COMMUNITIES IN ACCORDANCE WITH ARTICLE 20 OF THE TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES .  ARTICLE 6  1 . THE COMMUNITY RESOURCES REFERRED TO IN ARTICLES 2 , 3 AND 4 SHALL BE COLLECTED BY THE MEMBER STATES IN ACCORDANCE WITH NATIONAL PROVISIONS IMPOSED BY LAW , REGULATION OR ADMINISTRATIVE ACTION , WHICH SHALL , WHERE NECESSARY , BE AMENDED FOR THAT PURPOSE . MEMBER STATES SHALL MAKE THESE RESOURCES AVAILABLE TO THE COMMISSION .  2 . WITHOUT PREJUDICE TO THE AUDITING OF ACCOUNTS PROVIDED FOR IN ARTICLE 206 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , OR TO THE INSPECTION ARRANGEMENTS MADE PURSUANT TO ARTICLE 209 ( C ) OF THAT TREATY , THE COUNCIL SHALL , ACTING UNANIMOUSLY ON A PROPOSAL FROM THE COMMISSION AND AFTER CONSULTING THE EUROPEAN PARLIAMENT , ADOPT PROVISIONS RELATING TO THE SUPERVISION OF COLLECTION , THE MAKING AVAILABLE TO THE COMMISSION , AND THE PAYMENT OF THE REVENUE REFERRED TO IN ARTICLES 2 , 3 AND 4 , AND ALSO THE PROCEDURE FOR APPLICATION OF ARTICLE 3 ( 3 ) AND ARTICLE 4 .  ARTICLE 7  MEMBER STATES SHALL BE NOTIFIED OF THIS DECISION BY THE SECRETARY-GENERAL OF THE COUNCIL OF THE EUROPEAN COMMUNITIES ; IT SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  MEMBER STATES SHALL NOTIFY THE SECRETARY-GENERAL OF THE COUNCIL OF THE EUROPEAN COMMUNITIES WITHOUT DELAY OF THE COMPLETION OF THE PROCEDURES FOR THE ADOPTION OF THIS DECISION IN ACCORDANCE WITH THEIR RESPECTIVE CONSTITUTIONAL REQUIREMENTS .  THIS DECISION SHALL ENTER INTO FORCE ON THE FIRST DAY OF THE MONTH FOLLOWING RECEIPT OF THE LAST OF THE NOTIFICATIONS REFERRED TO IN THE SECOND SUBPARAGRAPH . IF , HOWEVER , THE INSTRUMENTS OF RATIFICATION PROVIDED FOR IN ARTICLE 12 OF THE TREATY AMENDING CERTAIN BUDGETARY PROVISIONS OF THE TREATIES ESTABLISHING THE EUROPEAN COMMUNITIES AND THE TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES , HAVE NOT BEEN DEPOSITED BEFORE THAT DATE BY ALL THE MEMBER STATES , THIS DECISION SHALL ENTER INTO FORCE ON THE FIRST DAY OF THE MONTH FOLLOWING THE DEPOSIT OF THE LAST OF THOSE INSTRUMENTS OF RATIFICATION .  DONE AT LUXEMBOURG , 21 APRIL 1970 .  FOR THE COUNCIL  THE PRESIDENT  P . HARMEL