title: 2013/153/EU: Council Decision of 21 March 2013 on the launch of automated data exchange with regard to dactyloscopic data in Malta

text:
               26.3.2013

               EN

               Official Journal of the European Union

               L 86/21

         COUNCIL DECISION
   of 21 March 2013
   on the launch of automated data exchange with regard to dactyloscopic data in Malta
   (2013/153/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), in particular Article 25 thereof,
   Having regard to Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (2), in particular Article 20 and Chapter 4 of the Annex thereto,
   Whereas:

               (1)

               According to the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties.

               (2)

               Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision.

               (3)

               Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run.

               (4)

               According to Chapter 4, point 1.1, of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

               (5)

               Malta has completed the questionnaire on data protection and the questionnaire on dactyloscopic data exchange.

               (6)

               A successful pilot run has been carried out by Malta with Austria and France.

               (7)

               An evaluation visit has taken place in Malta and a report on the evaluation visit has been produced by the Austrian/French evaluation team and forwarded to the relevant Council Working Group.

               (8)

               An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning dactyloscopic data exchange has been presented to the Council,

         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of automated searching of dactyloscopic data, Malta has fully implemented the general provisions on data protection of Chapter 6 of Decision 2008/615/JHA and is entitled to receive and supply personal data pursuant to Article 9 of that Decision as from the day of the entry into force of this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 21 March 2013.

            For the Council

            The President

         P. HOGAN

      (1)  OJ L 210, 6.8.2008, p. 1.

      (2)  OJ L 210, 6.8.2008, p. 12.


title: 2006/370/EC: Council Decision of 8 November 2005 on the signing and provisional application of the Agreement between the European Community and the Republic of Croatia on certain aspects of air services

text:
               24.5.2006

               EN

               Official Journal of the European Union

               L 136/31

         COUNCIL DECISION
   of 8 November 2005
   on the signing and provisional application of the Agreement between the European Community and the Republic of Croatia on certain aspects of air services
   (2006/370/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2), in conjunction with Article 300(2), first sentence of the first subparagraph thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               The Commission has negotiated on behalf of the Community an Agreement with the Republic of Croatia on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council's Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (3)

               Subject to its possible conclusion at a later date, the Agreement negotiated by the Commission should be signed and provisionally applied,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and the Republic of Croatia on certain aspects of air services is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community subject to its conclusion.
   Article 3
   Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the Parties have notified each other of the completion of the necessary procedures for this purpose.
   Article 4
   The President of the Council is hereby authorised to make the notification provided in Article 8(2) of the Agreement.

      Done at Brussels, 8 November 2005.

            For the Council

            The President

         G. BROWN

    ---documentbreak---

               24.5.2006

               EN

               Official Journal of the European Union

               L 136/32

         AGREEMENT
   between the European Community and the Republic of Croatia on certain aspects of air services
   THE EUROPEAN COMMUNITY,
   of the one part, and
   THE REPUBLIC OF CROATIA, (hereinafter referred to as Croatia),
   of the other part,
   (hereinafter referred to as the Parties),
   NOTING that bilateral air service agreements have been concluded between several Member States of the European Community and Croatia containing provisions contrary to Community law agreed by such Member States of the European Community,
   NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries,
   NOTING that under European Community law, Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the European Community and third countries,
   HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law,
   RECOGNISING that certain provisions of the bilateral air service agreements between Member States of the European Community and Croatia, which are contrary to European Community law, must be brought into conformity with it in order to establish a sound legal basis for air services between the European Community and Croatia and to preserve the continuity of such air services,
   NOTING that it is not a purpose of the European Community, as part of these negotiations, to increase the total volume of air traffic between the European Community and Croatia, to affect the balance between Community air carriers and air carriers of Croatia, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights,
   NOTING that, since a majority of the bilateral air service agreements between Member States of the European Community and Croatia provide for no restrictions on capacity, the volume of traffic on both sides has the potential to increase above its current level,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community.
   2.   References in each of the Agreements listed in Annex I to nationals of the Member State that is a party to that Agreement shall be understood as referring to nationals of the Member States of the European Community.
   3.   References in each of the Agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that Agreement shall be understood as referring to air carriers or airlines designated by that Member State.
   Article 2
   Designation by a Member State
   1.   The provisions in paragraphs 2 and 3 of this Article shall supersede the corresponding provisions in the Articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by Croatia, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   On receipt of a designation by a Member State, Croatia shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (i)

               the air carrier is established, under the Treaty establishing the European Community, in the territory of the designating Member State and has a valid Operating Licence in accordance with European Community law;

               (ii)

               effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its Air Operators Certificate and the relevant aeronautical authority is clearly identified in the designation; and

               (iii)

               the air carrier is owned and shall continue to be owned directly or through majority ownership by Member States and/or nationals of Member States, and/or by other States listed in Annex III and/or nationals of such other States, and shall at all times be effectively controlled by such States and/or such nationals.

         3.   Croatia may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:

               (i)

               the air carrier is not established, under the Treaty establishing the European Community, in the territory of the designating Member State or does not have a valid operating licence in accordance with European Community law;

               (ii)

               effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its Air Operators Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or

               (iii)

               the air carrier is not owned and effectively controlled directly or through majority ownership by Member States and/or nationals of Member States, and/or by other States listed in Annex III and/or nationals of such other States.

         In exercising its right under this paragraph, Croatia shall not discriminate between Community air carriers on the grounds of nationality.
   4.   The granting of traffic rights continues to be carried out through bilateral arrangements.
   Article 3
   Rights with regard to regulatory control
   1.   The provisions in paragraph 2 of this Article shall complement the Articles listed in Annex II(c).
   2.   Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of Croatia under the safety provisions of the Agreement between the Member State that has designated the air carrier and Croatia shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.
   Article 4
   Taxation of aviation fuel
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the Articles listed in Annex II(d).
   2.   Notwithstanding any other provision to the contrary, nothing in each of the Agreements listed in Annex II(d) shall prevent a Member State from imposing taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of Croatia that operates between a point in the territory of that Member State and another point in the territory of that Member State or in the territory of another Member State.
   Article 5
   Tariffs for carriage within the European Community
   1.   The provisions in paragraph 2 of this Article shall complement the Articles listed in Annex II(e).
   2.   The tariffs to be charged by the air carrier(s) designated by Croatia under an Agreement listed in Annex I containing a provision listed in Annex II(e) for carriage wholly within the European Community, shall be subject to European Community law.
   Article 6
   Annexes to the Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 7
   Revision or amendment
   The Parties may, at any time, revise or amend this Agreement by mutual consent.
   Article 8
   Entry into force and provisional application
   1.   This Agreement shall enter into force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
   2.   Notwithstanding paragraph 1, the Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Parties have notified each other of the completion of the procedures necessary for this purpose.
   2.   Agreements and other arrangements between Member States and Croatia which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Annex I(b). This Agreement shall apply to all such Agreements and arrangements upon their entry into force or provisional application.
   Article 9
   Termination
   1.   In the event that an Agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the Agreement listed in Annex I concerned shall terminate at the same time.
   2.   In the event that all Agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.
   IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.

      Done at Salzburg in duplicate, on this fifth day of May in the year two thousand and six, in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovene, Spanish, Swedish and Croatian languages.

         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         Az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         För Europeiska gemenskapen
         Za Europsku zajednicu

         Por la República de Croacia
         Za Chorvatskou republiku
         For Republikken Kroatien
         Für die Republik Kroatien
         Horvaatia Vabariigi nimel
         Για τη Δημοκρατία της Κροατίας
         For the Republic of Croatia
         Pour la République de Croatie
         Per la Repubblica di Croazia
         Horvātijas Republikas vārdā
         Kroatijos Respublikos vardu
         A Horvát Köztársaság részéről
         Għar-Repubblika tal-Kroazja
         Voor de Republiek Kroatië
         W imieniu Republiki Chorwacji
         Pela República da Croácia
         Za Chorvátsku republiku
         Za Republiko Hrvaško
         Kroatian tasavallan puolesta
         För Republiken Kroatien
         Za Republiku Hrvatsku

   ANNEX I
   List of Agreements referred to in Article 1 of this Agreement

               (a)

               Air service agreements between Croatia and Member States of the European Community which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally

                           —

                           Air Transport Agreement between the Austrian Federal Government and the Government of the Republic of Croatia relating to Air Services, signed at Vienna on 23 June 1994 (hereinafter referred to as Croatia-Austria Agreement).

                           —

                           Agreement between the Government of the Kingdom of Belgium and the Government of the Republic of Croatia on Air Transport, signed at Zagreb on 12 March 1996 (hereinafter referred to as Croatia-Belgium Agreement).
                           Last modified by the Exchange of Letters dated 28 April and 2 May 2003, respectively.

                           —

                           Agreement between the Government of the Czech Republic and the Government of the Republic of Croatia on Air Services, signed at Prague on 22 January 1999 (hereinafter referred to as Croatia-Czech Republic Agreement).

                           —

                           Agreement between the Government of the Kingdom of Denmark and the Government of the Republic of Croatia relating to Air Services, signed at Oslo on 6 March 1996 (hereinafter referred to as Croatia-Denmark Agreement).

                           —

                           Air Services Agreement between the Government of the Republic of Estonia and the Government of the Republic of Croatia, signed at Zagreb on 31 March 2004 (hereinafter referred to as Croatia-Estonia Agreement).

                           —

                           Agreement between the Government of the French Republic and the Government of the Republic of Croatia relating to Air Transport, signed at Zagreb on 27 January 1997 (hereinafter referred to as Croatia-France Agreement).
                           To be read together with the Memorandum of Understanding, done at Dubrovnik on 29 August 1996.

                           —

                           Air Transport Agreement between the Federal Republic of Germany and the Republic of Croatia, initialled and attached as Annex 2 to the Memorandum of Understanding, done at Bonn on 23 July 1997 (hereinafter referred to as Croatia-Germany Agreement).
                           Last supplemented by the Memorandum of Understanding, done at Dubrovnik on 4 June 1998.

                           —

                           Air Services Agreement between the Government of the Hellenic Republic and the Government of the Republic of Croatia, signed at Athens on 27 February 2001 (hereinafter referred to as Croatia-Greece Agreement).

                           —

                           Air Transport Agreement between the Government of the Republic of Hungary and the Government of the Republic of Croatia, signed at Vienna on 7 June 1995 (hereinafter referred to as Croatia-Hungary Agreement).

                           —

                           Agreement between the Government of the Republic of Croatia and the Government of Ireland on air transport, initialled at Dublin on 11 December 1995 (hereinafter referred to as Croatia-Ireland Agreement).

                           —

                           Agreement between the Government of the Italian Republic and the Government of the Republic of Croatia concerning Air Services, signed at Rome on 8 July 1998 (hereinafter referred to as Croatia-Italy Agreement).

                           —

                           Air Services Agreement between the Government of the Republic of Latvia and the Government of the Republic of Croatia, signed at Riga on 18 October 1999 (hereinafter referred to as Croatia-Latvia Agreement).

                           —

                           Agreement between the Government of the Grand Duchy of Luxembourg and the Government of the Republic of Croatia on Air Services, signed at Dubrovnik on 24 July 1996 (hereinafter referred to as Croatia-Luxembourg Agreement).

                           —

                           Agreement between the Government of Malta and the Government of the Republic of Croatia for Air Services between and beyond their respective territories, signed at Valletta on 13 October 1995 (hereinafter referred to as Croatia-Malta Agreement).

                           —

                           Agreement between the Kingdom of the Netherlands and the Republic of Croatia for Air Services, signed at Zagreb on 30 April 1996 (hereinafter referred to as Croatia-Netherlands Agreement).

                           —

                           Agreement between the Government of the Republic of Poland and the Government of the Republic of Croatia concerning civil air transport, signed at Warsaw on 19 June 1996 (hereinafter referred to as Croatia-Poland Agreement).
                           To be read together with the Agreed Minutes, done at Warsaw on 28 April 1995.

                           —

                           Air Transport Agreement between the Republic of Croatia and the Portuguese Republic, initialled and attached as Appendix 2 to the Memorandum of Understanding, done at Zagreb on 27 June 2002 (hereinafter referred to as Croatia-Portugal Agreement).

                           —

                           Air Transport Agreement between the Government of the Slovak Republic and the Government of the Republic of Croatia, signed at Zagreb on 12 February 1996 (hereinafter referred to as Croatia-Slovakia Agreement).

                           —

                           Agreement between the Republic of Slovenia and the Republic of Croatia on Scheduled Air Services, signed at Brdo pri Kranju on 8 July 1994 (hereinafter referred to as Croatia-Slovenia Agreement).
                           Last modified by the Agreed Annex, dated 5 July 1999.

                           —

                           Air Transport Agreement between the Kingdom of Spain and the Republic of Croatia, signed at Madrid on 21 July 1997 (hereinafter referred to as Croatia-Spain Agreement).

                           —

                           Agreement between the Government of the Kingdom of Sweden and the Government of the Republic of Croatia relating to Air Services, signed at Oslo on 6 March 1996 (hereinafter referred to as Croatia-Sweden Agreement).

                           —

                           Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Croatia concerning Air Services, signed at Zagreb on 21 February 1996 (hereinafter referred to as Croatia-UK Agreement).

               (b)

               Air service agreements and other arrangements initialled or signed between Croatia and Member States of the European Community which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally

                           —

                           Air Services Agreement between the Government of the Republic of Lithuania and the Government of the Republic of Croatia, initialled at Zagreb on 4 December 2002 (hereinafter referred to as Croatia-Lithuania Agreement).

         ANNEX II
   List of Articles in the Agreements listed in Annex I and referred to in Articles 2 to 5 of this Agreement

               (a)

               Designation by a Member State:

                           —

                           Article 3 of the Croatia-Austria Agreement,

                           —

                           Articles 3 and 4 of the Croatia-Belgium Agreement,

                           —

                           Article 3 of the Croatia-Czech Republic Agreement,

                           —

                           Article 3 of the Croatia-Denmark Agreement,

                           —

                           Article 3 of the Croatia-Estonia Agreement,

                           —

                           Article 4 of the Croatia-France Agreement,

                           —

                           Article 3 of the Croatia-Greece Agreement,

                           —

                           Article 3 of the Croatia-Hungary Agreement,

                           —

                           Article 3 of the Croatia-Ireland Agreement,

                           —

                           Article 4 of the Croatia-Italy Agreement,

                           —

                           Article 3 of the Croatia-Latvia Agreement,

                           —

                           Article 3 of the Croatia-Lithuania Agreement,

                           —

                           Article 3 of the Croatia-Luxembourg Agreement,

                           —

                           Article 3 of the Croatia-Malta Agreement,

                           —

                           Article 3 of the Croatia-Netherlands Agreement,

                           —

                           Article 3 of the Croatia-Poland Agreement,

                           —

                           Article 3 of the Croatia-Portugal Agreement,

                           —

                           Article 3 of the Croatia-Slovakia Agreement,

                           —

                           Article 3 of the Croatia-Slovenia Agreement,

                           —

                           Article 3 of the Croatia-Spain Agreement,

                           —

                           Article 3 of the Croatia-Sweden Agreement,

                           —

                           Article 4 of the Croatia-UK Agreement.

               (b)

               Refusal, revocation, suspension or limitation of authorisations or permissions:

                           —

                           Article 4 of the Croatia-Austria Agreement,

                           —

                           Article 5 of the Croatia-Belgium Agreement,

                           —

                           Article 4 of the Croatia-Czech Republic Agreement,

                           —

                           Article 4 of the Croatia-Denmark Agreement,

                           —

                           Article 4 of the Croatia-Estonia Agreement,

                           —

                           Article 5 of the Croatia-France Agreement,

                           —

                           Article 4 of the Croatia-Greece Agreement,

                           —

                           Article 4 of the Croatia-Hungary Agreement,

                           —

                           Article 4 of the Croatia-Ireland Agreement,

                           —

                           Article 5 of the Croatia-Italy Agreement,

                           —

                           Article 4 of the Croatia-Latvia Agreement,

                           —

                           Article 4 of the Croatia-Lithuania Agreement,

                           —

                           Article 4 of the Croatia-Luxembourg Agreement,

                           —

                           Article 4 of the Croatia-Malta Agreement,

                           —

                           Article 4 of the Croatia-Netherlands Agreement,

                           —

                           Article 4 of the Croatia-Poland Agreement,

                           —

                           Article 4 of the Croatia-Portugal Agreement,

                           —

                           Article 4 of the Croatia-Slovakia Agreement,

                           —

                           Article 7 of the Croatia-Slovenia Agreement,

                           —

                           Article 4 of the Croatia-Spain Agreement,

                           —

                           Article 4 of the Croatia-Sweden Agreement,

                           —

                           Article 5 of the Croatia-UK Agreement.

               (c)

               Regulatory control:

                           —

                           Article 6 of the Croatia-Czech Republic Agreement,

                           —

                           Article 15 of the Croatia-Estonia Agreement,

                           —

                           Article 12 of the Croatia-Germany Agreement,

                           —

                           Article 7 of the Croatia-Greece Agreement,

                           —

                           Article 16 of the Croatia-Latvia Agreement,

                           —

                           Article 15 of the Croatia-Lithuania Agreement,

                           —

                           Article 15 of the Croatia-Portugal Agreement.

               (d)

               Taxation of Aviation Fuel:

                           —

                           Article 7 of the Croatia-Austria Agreement,

                           —

                           Article 10 of the Croatia-Belgium Agreement,

                           —

                           Article 9 of the Croatia-Czech Republic Agreement,

                           —

                           Article 6 of the Croatia-Denmark Agreement,

                           —

                           Article 7 of the Croatia-Estonia Agreement,

                           —

                           Article 11 of the Croatia-France Agreement,

                           —

                           Article 6 of the Croatia-Germany Agreement,

                           —

                           Article 8 of the Croatia-Greece Agreement,

                           —

                           Article 7 of the Croatia-Hungary Agreement,

                           —

                           Article 13 of the Croatia-Ireland Agreement,

                           —

                           Article 6 of the Croatia-Italy Agreement,

                           —

                           Article 7 of the Croatia-Latvia Agreement,

                           —

                           Article 7 of the Croatia-Lithuania Agreement,

                           —

                           Article 8 of the Croatia-Luxembourg Agreement,

                           —

                           Article 5 of the Croatia-Malta Agreement,

                           —

                           Article 9 of the Croatia-Netherlands Agreement,

                           —

                           Article 7 of the Croatia-Poland Agreement,

                           —

                           Article 6 of the Croatia-Portugal Agreement,

                           —

                           Article 8 of the Croatia-Slovakia Agreement,

                           —

                           Article 6 of the Croatia-Slovenia Agreement,

                           —

                           Article 5 of the Croatia-Spain Agreement,

                           —

                           Article 6 of the Croatia-Sweden Agreement,

                           —

                           Article 8 of the Croatia-UK Agreement.

               (e)

               Tariffs for Carriage within the European Community:

                           —

                           Article 10 of the Croatia-Austria Agreement,

                           —

                           Article 13 of the Croatia-Belgium Agreement,

                           —

                           Article 13 of the Croatia-Czech Republic Agreement,

                           —

                           Article 11 of the Croatia-Denmark Agreement,

                           —

                           Article 13 of the Croatia-Estonia Agreement,

                           —

                           Article 17 of the Croatia-France Agreement,

                           —

                           Article 10 of the Croatia-Germany Agreement,

                           —

                           Article 14 of the Croatia-Greece Agreement,

                           —

                           Article 13 of the Croatia-Hungary Agreement,

                           —

                           Article 7 of the Croatia-Ireland Agreement,

                           —

                           Article 8 of the Croatia-Italy Agreement,

                           —

                           Article 13 of the Croatia-Latvia Agreement,

                           —

                           Article 13 of the Croatia-Lithuania Agreement,

                           —

                           Article 11 of the Croatia-Luxembourg Agreement,

                           —

                           Article 10 of the Croatia-Malta Agreement,

                           —

                           Article 5 of the Croatia-Netherlands Agreement,

                           —

                           Article 11 of the Croatia-Poland Agreement,

                           —

                           Article 19 of the Croatia-Portugal Agreement,

                           —

                           Article 12 of the Croatia-Slovakia Agreement,

                           —

                           Article 9 of the Croatia-Slovenia Agreement,

                           —

                           Article 7 of the Croatia-Spain Agreement,

                           —

                           Article 11 of the Croatia-Sweden Agreement,

                           —

                           Article 7 of the Croatia-UK Agreement.

         ANNEX III
   List of other states referred to in Article 2 of this Agreement

               (a)

               The Republic of Iceland (under the Agreement on the European Economic Area);

               (b)

               The Principality of Liechtenstein (under the Agreement on the European Economic Area);

               (c)

               The Kingdom of Norway (under the Agreement on the European Economic Area);

               (d)

               The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).


title: 75/180/EEC: Council Decision of 17 February 1975 on the conclusion of the Agreement between the European Economic Community and the Republic of Indonesia on the supply of skimmed-milk powder as food aid

text:
No L 75/28                      Official Journal of the European Communities                    24. 3 . 75
                                             COUNCIL DECISION
                                              of 17 February 1975
           on the conclusion of the Agreement between the European Economic Community and
                the Republic of Indonesia on the supply of skimmed-milk powder as food aid
                                                  (75/ 180/EEC)
           THE COUNCIL OF THE EUROPEAN COMMUNITIES',
           Having regard to the Treaty establishing the European Economic Community, and in
           particular Articles 113 , 114 and 228 thereof ;
           Having regard to the recommendation from the Commission;
                    f"
           Whereas by Regulation (EEC) No 1827/74, the Council has decided to make 250 metric
           tons of skimmed-milk powder available to the Republic of Indonesia,
           HAS DECIDED AS FOLLOWS :
                                                     Article 1
           The Agreement between the European Economic Community and the Republic of
           Indonesia on the supply of skimmed-milk powder as food aid is hereby concluded on
           behalf of the Community.
           The text of the Agreement is annexed to this Decision .
                                                    Article 2
           The President of the Council is hereby authorized to designate the persons empowered
           to sign the Agreement, and to confer on them the powers necessary to bind the
           Community.
           Done at Brussels, 17 February 1975 .
                                                                       For the Council
                                                                        The President
                                                                           R. RYAN


title: 2005/490/EC: Commission Decision of 7 July 2005 terminating the anti-dumping proceeding concerning imports of certain tube or pipe fittings originating in Taiwan and Vietnam

text:
               8.7.2005

               EN

               Official Journal of the European Union

               L 175/21

         COMMISSION DECISION
   of 7 July 2005
   terminating the anti-dumping proceeding concerning imports of certain tube or pipe fittings originating in Taiwan and Vietnam
   (2005/490/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (basic anti-dumping Regulation), and in particular Article 9 thereof,
   After consulting the Advisory Committee,
   Whereas:
   I.   PROCEDURE

               (1)

               On 11 August 2004, by a notice published in the Official Journal of the European Union
                   (2), the Commission announced the initiation of an anti-dumping proceeding with regard to imports into the Community of tube or pipe fittings (other than cast fittings, flanges and threaded fittings), of iron or steel (not including stainless steel), with a greatest external diameter not exceeding 609,6 mm, of a kind used for butt-welding or other purposes originating in Taiwan and Vietnam, normally declared within CN codes 7307 93 11, 7307 93 19, 7307 99 30 and 7307 99 90.

               (2)

               The anti-dumping proceeding was initiated, pursuant to Article 5 of the basic anti-dumping Regulation, following a complaint lodged on 28 June 2004 by the Defence Committee of the Steel Butt-welding Fittings Industry of the European Union (the complainant) on behalf of producers representing a major proportion, in this case more than 60 %, of the Community production of these fittings. The complaint contained prima facie evidence of the existence of dumping of the said product and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding.

               (3)

               The Commission officially advised the exporting producers in Vietnam and Taiwan, importers/traders and their associations, suppliers and users known to be concerned, the representatives of the exporting countries concerned and the complainant Community producers of the initiation of the proceeding. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation.

         II.   WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING

               (4)

               By a letter of 23 March 2005 to the Commission, the complainant formally withdrew its complaint.

               (5)

               In accordance with Article 9(1) of the basic anti-dumping Regulation, the proceeding may be terminated where the complaint is withdrawn unless such termination would not be in the Community interest.

               (6)

               The Commission considered that the present proceeding should be terminated since the investigation had not brought to light any consideration showing that such termination would not be in the Community interest. Interested parties were informed accordingly and were given the opportunity to comment. However, no comments were received.

               (7)

               The Commission therefore concludes that the anti-dumping proceeding concerning imports of certain tube or pipe fittings originating in Taiwan and Vietnam into the Community should be terminated without the imposition of anti-dumping measures.

               (8)

               The measures provided for in this Decision are in accordance with the opinion of the Advisory Committee,

         HAS DECIDED AS FOLLOWS:
   Sole article
   The anti-dumping proceeding concerning imports of tube or pipe fittings (other than cast fittings, flanges and threaded fittings), of iron or steel (not including stainless steel), with a greatest external diameter not exceeding 609,6 mm, of a kind used for butt-welding or other purposes, normally declared within CN codes 7307 93 11, 7307 93 19, 7307 99 30 and 7307 99 90 and originating in Taiwan and Vietnam is hereby terminated.

      Done at Brussels, 7 July 2005.

            For the Commission

         Peter MANDELSON

            Member of the Commission

      (1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

      (2)  OJ C 203, 11.8.2004, p. 5.


title: 2014/654/EU: Council Decision of 8 September 2014 appointing a Spanish members and a Spanish alternate member of the Committee of the Regions

text:
               9.9.2014

               EN

               Official Journal of the European Union

               L 268/12

         COUNCIL DECISION
   of 8 September 2014
   appointing a Spanish members and a Spanish alternate member of the Committee of the Regions

      (2014/654/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Spanish Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015. On 3 October 2011, by Council Decision 2011/661/EU (3), Ms Carmen María SANDOVAL SÁNCHEZ was appointed as alternate member until 25 January 2015.

               (2)

               A member's seat has become vacant following the end of the term of office of Mr Ramón Luis VALCÁRCEL SISO. An alternate member's seat has become vacant following the end of the term of office of Ms Carmen María SANDOVAL SÁNCHEZ.

         HAS ADOPTED THIS DECISION:
   Article 1
   The followingare hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

               (a)

               as member:

                           —

                           Mr Alberto GARRE LÓPEZ, Presidente de la Comunidad Autónoma de la Región de Murcia

         and

               (b)

               as alternate member:

                           —

                           Mr Manuel PLEQUEZUELO ALONSO, Director-General de Participación Ciudadana, Unión Europea y Acción Exterior de la Comunidad Autónoma de la Región de Murcia.

         Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 8 September 2014.

            For the Council

            The President

         S. GOZI

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.

      (3)  OJ L 263, 7.10.2011, p. 18.


title: 2004/634/EC: Council Decision of 30 March 2004 concerning the conclusion of the Agreement between the European Community and the United States of America on intensifying and broadening the Agreement on customs cooperation and mutual assistance in customs matters to include cooperation on container security and related matters

text:
               30.9.2004

               EN

               Official Journal of the European Union

               L 304/32

      COUNCIL DECISION

   of 30 March 2004
   concerning the conclusion of the Agreement between the European Community and the United States of America on intensifying and broadening the Agreement on customs cooperation and mutual assistance in customs matters to include cooperation on container security and related matters
   (2004/634/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with Article 300(2), first sentence thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Agreement between the European Community and the United States of America on customs cooperation and mutual assistance in customs matters (1) (CMAA) provides for the possibility of its expansion with a view to increasing the levels of customs cooperation and supplementing them by means of agreements on specific sectors or matters.

               (2)

               The Commission has negotiated on behalf of the Community an agreement with the United States of America intensifying and broadening the CMAA to include cooperation on container security and related matters (the Agreement).

               (3)

               The Agreement expands the customs cooperation between the Community and the United States of America to cover container security and related matters. It envisages the prompt and successful expansion of the Container Security Initiative to all ports in the Community that meet relevant requirements. The Agreement also sets out a work programme for further implementation measures, including the development of standards for risk management techniques, information required to identify high-risk shipments imported into the Parties, and industry partnership programmes.

               (4)

               The external coordination of customs control standards with the United States of America is necessary to ensure supply chain security while guaranteeing the continued flow of legitimate trade in containers. In particular, it is essential to ensure that all Community ports can participate in the Container Security Initiative on the basis of uniform principles and that comparable standards are promoted in United States (US) ports. Thus, the direct aim and content of the Agreement concerns the facilitation of legitimate trade between the Community and the United States of America while ensuring on a reciprocal basis a high level of security by allowing for cooperation in developing actions in specific control areas in respect of which the Community has competence.

               (5)

               Member States should have the possibility to expand the Container Security Initiative to all Community ports through arrangements with the United States of America identifying Community ports that participate in the Container Security Initiative and providing for the stationing of US customs officials therein or to maintain any such existing declarations of principles to that end, provided these arrangements are in conformity with the Treaty and compatible with the CMAA as expanded by the Agreement.

               (6)

               It is necessary to ensure close cooperation between the Member States and the Community institutions for the purpose of further intensification and broadening of the customs cooperation under the CMAA as expanded.

               (7)

               To that end a consultation procedure should be established whereby Member States envisaging to negotiate arrangements with the United States of America on matters covered by the CMAA as expanded would immediately notify such intention and provide the relevant information. If so requested by a Member State or the Commission within short time limits the information should be the subject of consultations between the Member States and the Commission.

               (8)

               The main purpose of the consultations should be to facilitate the exchange of information and to ensure that the arrangements are consistent with the Treaty and with common policies, in particular the common framework of cooperation with the United States of America set out in the CMAA as expanded.

               (9)

               Where the Commission considers that an arrangement that a Member State wishes to implement with the United States of America is incompatible with the CMAA as expanded or that the subject matter should be addressed in the framework of the CMAA as expanded, it should inform the Member State accordingly.

               (10)

               The consultation procedure should be without prejudice to the respective competencies of the Member States and the Community to conclude the arrangements envisaged.

               (11)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the United States of America on intensifying and broadening the Agreement on customs cooperation and mutual assistance in customs matters to include cooperation on container security and related matters (the Agreement) is hereby approved on behalf of the European Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community.
   Article 3
   1.   Member States may maintain or conclude arrangements with the United States of America in order to include Community ports in the Container Security Initiative. Any such arrangement shall make reference to the CMAA as expanded and comply with the latter, including minimum standards once they are adopted.
   The Commission and the Member States concerned may consult each other in order to ensure that such arrangements comply with the CMAA as expanded.
   2.   Before a Member State commences negotiations on arrangements with the United States of America relating to matters other than those referred to in paragraph 1 but covered by the CMAA as expanded, it shall notify the Commission and the other Member States and provide any relevant information with the notification.
   3.   Member States or the Commission may request, within eight working days of the receipt of the notification, consultations with the other Member States and the Commission. Such consultations shall take place within three weeks of the receipt of the notification. Where the matter is urgent, consultations shall take place without delay.
   4.   The Commission shall, no later than five days after the conclusion of the consultations, give its written opinion on the compatibility of the arrangements notified with the CMAA as expanded, including, where appropriate, the need to address the matter in the framework of that Agreement.
   5.   The consultations shall take place within the Committee established by Article 247 of Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).
   6.   Member States shall transmit to the Commission and to the other Member States a copy of the arrangements referred to in paragraphs 1 and 2, as well as any denunciation of, or amendments thereto.

      Done at Brussels, 30 March 2004.

            For the Council

            The President

         M. McDOWELL

      (1)  OJ L 222, 12.8.1997, p. 17.

      (2)  OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 2700/2000 of the European Parliament and of the Council (OJ L 311, 12.12.2000, p. 17).

         AGREEMENT

      between the European Community and the United States of America on intensifying and broadening the Agreement on customs cooperation and mutual assistance in customs matters to include cooperation on container security and related matters
      THE EUROPEAN COMMUNITY AND THE UNITED STATES OF AMERICA,
      Having regard to the provisions of the Agreement between the European Community and the United States of America on customs cooperation and mutual assistance in customs matters, which was signed 28 May 1997, hereafter called ‘the CMAA’,
      Whereas:

                  (1)

                  Acknowledging that US Customs and Border Protection is, as of 1 March 2003, the successor to the United States Customs Service under the CMAA.

                  (2)

                  Recalling that the Contracting Parties may by mutual consent decide to expand areas of cooperation under the CMAA pursuant to Article 3.

                  (3)

                  Recalling that, under Article 22 of the CMAA, the JCCC consists of representatives of the Customs Authorities of the Contracting Parties, which in the European Community are the competent services of the Commission of the European Communities assisted by the customs authorities of the Member States of the European Community and in the United States of America is the US Customs and Border Protection, Department of Homeland Security.

                  (4)

                  Recognising that the Joint Customs Cooperation Committee (JCCC) was established under Article 22 of the CMAA.

                  (5)

                  Acknowledging the long-standing, close and productive relations between the Customs Authorities of the United States of America and of the European Community.

                  (6)

                  Being convinced that this cooperation can be further improved by, among other things, intensifying the exchange of relevant information and best practices among the US Customs and Border Protection, the European Commission and the customs authorities of Member States of the European Community in order to ensure that general customs controls of international trade take due account of security concerns.

                  (7)

                  Acknowledging the importance of extending this cooperation to all modes of international transport and all kinds of goods, initially putting priority on sea-container transport.

                  (8)

                  Recognising the high volume of two-way sea-container and other modes of trade between the European Community and the United States of America, and the important role of both the European Community and the United States of America as transport hubs for containers coming from many countries.

                  (9)

                  Recognising that global sea containers are imported into, transhipped through, or transiting the United States of America and the European Community.

                  (10)

                  Being convinced that there is a need to deter, prevent, and interdict any terrorist attempts to disrupt global trade by concealing terrorist weapons in global sea-container trade or other shipments, or by using such shipments as weapons.

                  (11)

                  Being convinced of the need to increase security for the European Community and the United States of America and at the same time facilitate legitimate trade.

                  (12)

                  Noting the importance of developing, to the extent practicable, reciprocal systems for securing and facilitating legitimate trade with due regard to threat assessments.

                  (13)

                  Recognising that substantially greater security of legitimate trade can be achieved through a system where the customs authority of the importing country works collaboratively with customs authorities involved in earlier parts of the supply chain to use timely information and inspection technology to target and screen high-risk containers before they are shipped from their ports or places of loading or transhipment.

                  (14)

                  Supporting the objectives of the Container Security Initiative (CSI), which is designed to safeguard global maritime trade by enhancing cooperation at seaports world wide in order to identify and examine high-risk containers and ensure their in-transit integrity.

                  (15)

                  Recalling Article 5 of the CMAA that determines the relationship between that Agreement and any bilateral agreement on cooperation and mutual assistance in customs matters that have been or may be concluded between individual Member States of the European Community and the United States of America.

                  (16)

                  Recognising that expansion of CSI should occur as quickly as possible for all ports within the European Community where the exchange of sea-container traffic with the United States of America is more than de minimis and where certain minimum requirements are met and where adequate inspection technology exists,

            HAVE AGREED ON THE FOLLOWING:
      Article 1
      To intensify and broaden customs cooperation under the CMAA to improve the security of sea-container and other shipments from all locations that are imported into, transhipped through, or transiting the European Community and the United States of America.
      Article 2
      To take due account of Article 5 of the CMAA, which determines the relations between the CMAA and any bilateral agreement on cooperation and mutual assistance in customs matters between Member States of the European Community and the United States of America, and any CSI declarations of principles that complement such bilateral agreements
      Article 3
      That the objectives of the intensified and broadened cooperation include, but are not limited to:

                  1.

                  supporting the prompt and successful expansion of the CSI to all ports in the European Community that meet relevant requirements, and promoting comparable standards in the relevant US ports;

                  2.

                  working together to reinforce the customs related aspects for securing the logistics chain of international trade and, in particular, as a first priority to enhance the identification and security screening of all high-risk sea-container shipments;

                  3.

                  establishing minimum standards, to the greatest extent practicable, for risk-management techniques and related requirements and programs; and

                  4.

                  coordinating positions, to the greatest extent practicable, in any multilateral fora where issues related to container security may be appropriately raised and discussed.

            Article 4
      To consider in the JCCC the appropriate form and content of documents and/or measures further implementing the intensified and broadened customs cooperation under this Agreement.
      Article 5
      To form a Working Group, comprised of representatives of US Customs and Border Protection and of the European Commission assisted by interested Member States in order to examine and make recommendations to the JCCC on issues including, but not limited to those identified in the Annex.
      Article 6
      That the Working Group is to report on a regular basis to the Commissioner of US Customs and Border Protection and the Director-General of the Taxation and Customs Union Directorate General of the European Commission and annually to the JCCC on the progress of its work.
      Article 7
      This Agreement shall enter into force upon signature by the Parties which shall have the effect of expressing their consent to be bound. If the Agreement is not signed the same day on behalf of both Parties, the Agreement shall enter into force on the day on which the second signature is affixed.

         Hecho en Bruselas, el veintiocho de abril de dos mil cuatro.
         Udfærdiget i Bruxelles den otteogtyvende april to tusind og fire.
         Geschehen zu Brüssel am achtundzwanzigsten April zweitausendundvier.
         Έγινε στις Βρυξέλλες, στις είκοσι οκτώ Απριλίου δύο χιλιάδες τέσσερα.
         Done at Brussels on the twenty-eighth day of April in the year two thousand and four.
         Fait à Bruxelles, le vingt-huit avril deux mille quatre.
         Fatto a Bruxelles, addì ventotto aprile duemilaquattro.
         Gedaan te Brussel, de achtentwintigste april tweeduizendvier.
         Feito em Bruxelas, em vinte e oito de Abril de dois mil e quatro.
         Tehty Brysselissä kahdentenakymmenentenäkahdeksantena päivänä huhtikuuta vuonna kaksituhattaneljä.
         Som skedde i Bryssel den tjugoåttonde april tjugohundrafyra.

            FOR THE EUROPEAN COMMUNITY

            FOR THE UNITED STATES OF AMERICA

         ANNEX
         Annex to the Agreement between the European Community and the United States of America on intensifying and broadening the CMAA to include cooperation on container security and related matters
         The Working Group created under paragraph 5 of the Agreement between the European Community and the United States of America on intensifying and broadening the CMAA to include cooperation on Container Security and related matters shall examine and make recommendations on issues including, but not limited to, the following areas of cooperation between US Customs and Border Protection and Customs authorities in the European Community with a view to ensuring that general customs controls of international trade take due account of security concerns:

                     (a)

                     defining minimum standards, in particular in view of participating in CSI, and recommending methods by which those standards may be met;

                     (b)

                     identifying and broadening the application of best practices concerning security controls of international trade, especially those developed under CSI;

                     (c)

                     defining and establishing standards to the greatest extent practicable for the information required to identify high-risk shipments imported into, transhipped through, or transiting the United States of America and the European Community;

                     (d)

                     improving and establishing standards to the greatest extent practicable for targeting and screening such high-risk shipments, to include information exchange, the use of automated targeting systems, and the development of minimum standards for inspection technologies and screening methodologies;

                     (e)

                     improving and establishing standards to the greatest extent practicable for industry partnership-programs designed to improve supply chain security and facilitate the movement of legitimate trade;

                     (f)

                     identifying any regulatory or legislative changes that would be necessary to implement the recommendations of the Working Group; and

                     (g)

                     considering the type of documents and measures further implementing the intensified and broadened customs cooperation on the issues set out in this Annex.


Avis juridique important

|

31997D0378

97/378/EC: Council Decision of 27 January 1997 concerning the conclusion on behalf of the European Community of an Echange of Letters recording the common understanding on the principles of international cooperation on research and development activities in the domain of intelligent manufacturing systems between the European Community and the United States of America, Japan, Australia, Canada and the EFTA countries of Norway and Switzerland

Official Journal L 161 , 18/06/1997 P. 0001 - 0001

COUNCIL DECISION of 27 January 1997 concerning the conclusion on behalf of the European Community of an Exchange of Letters recording the common understanding on the principles of international cooperation on research and development activities in the domain of intelligent manufacturing systems between the European Community and the United States of America, Japan, Australia, Canada and the EFTA countries of Norway and Switzerland (97/378/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 130m, in conjunction with Article 228 (2), first sentence, and the first subparagraph of Article 228 (3) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament (1),Whereas international cooperation in the domain of intelligent manufacturing systems will strengthen the scientific and technological bases of the Community in industry and will contribute to the competitivity of Community industry;Whereas a two-year feasibility study on international collaboration in the domain of intelligent manufacturing systems has proved that there is added-value in such cooperation;Whereas the Council has authorized the Commission to negotiate a common understanding with the United States of America, Japan, Australia, Canada and the EFTA countries of Norway and Switzerland;Whereas a common understanding in the form of an Exchange of Letters was reached with the third countries,HAS DECIDED AS FOLLOWS:Article 1The Exchange of Letters recording the common understanding on the principles of international cooperation in research and development activities in the domain of intelligent manufacturing systems between the European Community and the United States of America, Japan, Australia, Canada and the EFTA countries of Norway and Switzerland is hereby approved.The text of the Exchange of Letters is attached to this Decision.Article 2The President of the Council is hereby authorized to designate the person empowered to sign the Exchange of Letters referred to in Article 1 in order to bind the Community.Done at Brussels, 27 January 1997.For the CouncilThe PresidentG. ZALM(1) OJ No C 20, 20. 1. 1997, p. 371.


Avis juridique important

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31998D0565

98/565/EC: Administrative Commission on social security for migrant workers: Decision No 170 of 11 June 1998 amending Decision No 141 of 17 October 1989, concerning the compilation of the lists provided for in Articles 94(4) and 95(4) of Council Regulation (EEC) No 574/72 of 21 March 1972 (Text with EEA relevance)

Official Journal L 275 , 10/10/1998 P. 0040 - 0045

DECISION No 170 of 11 June 1998 amending Decision No 141 of 17 October 1989, concerning the compilation of the lists provided for in Articles 94(4) and 95(4) of Council Regulation (EEC) No 574/72 of 21 March 1972 (Text with EEA relevance) (98/565/EC) THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81(a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, self-employed persons, and members of their families moving within the Community, under which it is made responsible for dealing with all administrative questions and questions of interpretation arising from Regulation (EEC) No 1408/71 and subsequent Regulations,Having regard to Article 36(2) of the aforementioned Regulation (EEC) No 1408/71,Having regard to Articles 17(1) to (4), 29(1) to (3), 30(1) and (2), 94(4) and (5), 95(4) and (5) and 102(2) of Regulation (EEC) No 574/72,Having regard to Decision No 141 of 17 October 1989,Whereas there are grounds for revising Decision No 141 of 17 October 1989 in order particularly to take account of the introduction in Article 95 of Regulation (EEC) No 574/72 of an average cost per person in place of an average cost for each pensioner and for the members of his family,Whereas, however, this amendment of Article 95 of Regulation (EEC) No 574/72 does not apply to relations with France until 1 January 2002,HAS DECIDED AS FOLLOWS:Article 1 The lists provided for in Articles 94(4) and 95(4) of Regulation (EEC) No 574/72 shall be drawn up according to the following rules:I. LIST PROVIDED FOR IN ARTICLE 94(4) Families of employed or self-employed persons 1. For the purposes of applying paragraphs 1 to 4 of Article 17 of Regulation (EEC) No 574/72, the following procedure shall be laid down.At the request of the employed or self-employed person, the competent institution, after completing Part A of Form E 109, shall forward two copies to the person concerned, who shall pass them on to the members of his family. The latter must submit the two copies to the sickness insurance institution of the place of their residence when registering for the granting of benefits in kind.If the members of the family do not submit the said certificate, the institution of the place of residence shall request it from the competent institution by means of Form E 107, whereupon the latter institution shall send the certificate in duplicate to the institution of the place of residence.After completing Part B, the institution of the place of residence of the members of the family shall return a copy of Form E 109 to the sickness insurance institution with which the employed or self-employed person is insured.2. The date with effect from which the lump sums shall be calculated is:(a) the date on which entitlement to benefits in kind is acquired under the legislation of the competent State; this date is recorded on Form E 109(b) the date of change of residence, where this is subsequent to the date referred to under (a) above; this date is recorded on Form E 109(c) the day following the date on which entitlement under Form E 106, E 111, E 112 or E 128 ends, if one of these forms has been issued and specifies a precise date on which entitlement ends; this date is recorded on Form E 109(d) the date on which Form E 109 is received by the institution of the place of residence; this date is recorded on this form and constitutes the date on which Form E 106, E 111, E 112 or E 128 ceases to have effect, if one of these forms has been issued and does not specify a precise date on which entitlement ends.If the members of the family are still entitled to receive benefits, in connection with carrying out a professional activity or receiving a replacement income, under the legislation of their country of residence or of another Member State, on a priority basis, in accordance with the regulations, the lump sums shall be calculated from the day following the date on which such entitlement ends.3. The competent institution shall inform the institution of the place of residence of the suspension or withdrawal of entitlement to benefits in kind by sending it two copies of Form E 108, with Part A completed. The institution of the place of residence shall complete Part B of the form and return one copy to the competent institution.4. The date with effect from which the lump sums shall cease to be paid is:(a) the date of suspension or withdrawal of entitlement, if Form E 108 is received by the institution of the place of residence within three months of that date. The date is recorded on the form and constitutes the date from which Form E 109 ceases to apply(b) the date on which Form E 108 is received by the institution of the place of residence, if that date is later than three months following the date of suspension or withdrawal of entitlement. The date on which the form was received is recorded on this form and constitutes the date from which Form E 109 ceases to apply(c) the date on which entitlement to benefits in kind under the legislation of the country of residence or of another Member State is acquired, in accordance with the regulations, in connection with the carrying out of a professional activity in that State, where this date is prior to the date referred to under (a) or (b). However, if under the legislation of the country of residence entitlement to benefits in kind is subject not to conditions of insurance or the exercise of an activity, but to residence conditions, the date to be taken into account is the date on which professional activity commenced(d) the date from which there are no longer any family members in the Member State of residence who meet the conditions of entitlement to these benefits under that Member State's legislation, where this date is prior to the date referred to under (a) or (b).5. The institution of the place of residence shall keep the list up to date by taking as a basis the particulars supplied by the competent institutions concerning acquisition of entitlement (Form E 109) or suspension or withdrawal of such entitlement (Form E 108), and taking account of the one-year validity of E 109 forms issued by the German, French, Italian and Portuguese institutions, though without prejudice to the form with which it is possible to end validity of this entitlement as soon as facts occur which, under the legislation of these Member States, justify the withdrawal or suspension of entitlement to benefits.6. Where the members of the family of the employed or self-employed person transfer their place of residence to another Member State other than the competent Member State, the provisions of paragraph 1 shall again be applied.7. For the purposes of calculating the number of monthly lump-sum payments, the period during which the persons concerned may claim benefits shall be counted in months.The number of months shall be obtained by counting as a whole month the calendar month which contains the day from which the calculation of the lump sums has been made.The calendar month during which entitlement has ceased shall not be counted unless it is a complete month.If the period is less than one month, it shall be counted as a month.8. Where the members of an employed or self-employed person's family are living in different countries of residence other than the competent State, and where the conditions of entitlement to benefits in kind are met in each of the countries of residence, a lump sum shall be calculated for each State.9. The lump sums shall be calculated on the basis of the figures obtained from the forms mentioned in paragraph 5.II. LIST PROVIDED FOR IN ARTICLE 95(4) Pensioners and/or members of their families 1. For the purposes of applying paragraphs 1 to 3 of Article 29 and paragraphs 1 and 5 of Article 30 of Regulation (EEC) No 574/72, the following procedure shall be laid downAt the request of the pensioner or of a member of his family, the institution responsible for the pension, or the competent sickness insurance organisation of the Member State responsible for the pension shall, after completing Part A of Form E 121, forward two copies to the person concerned. The latter must submit the two copies to the sickness insurance institution of his place of residence when registering for the granting of benefits in kind.If the person does not submit the said certificate, the institution of the place of residence shall ask the institution responsible for issuing Form E 121 to do so by means of Form E 107, whereupon the latter institution shall forward Form E 121 in duplicate to the institution of the place of residence. In the mean time, the latter institution may provisionally register the person on the basis of such documentation as is acceptable to it, but this registration is not valid vis-à-vis the other institution until the latter has issued the E 121 form.After completing Part B, the institution of the place of residence of the person shall return a copy of Form E 121 to the institution which issued it.Form E 121 is issued in respect of a particular individual. Where appropriate, one such form will be issued to the pensioner and/or one for each member of his family not residing in the Member State responsible for the pension.2. The date with effect from which the lump sums shall be calculated is:(a) the date on which entitlement to benefits in kind is acquired under the legislation of the competent Member State; this date is recorded on Form E 121(b) the date of change of residence, where this is subsequent to the date referred to under (a); this date is recorded on Form E 121(c) the day following the date on which entitlement to benefits under Form E 106, E 109, E 111, E 112, E 120 or E 128 ends, if one of these forms has been issued and specifies a precise date for the end of entitlement; this date is recorded on Form E 121(d) the date on which the institution of the place of residence receives Form E 121. This date is recorded on this form and constitutes the date on which Form E 106, E 109, E 111, E 112, E 120 or E 128 ceases to apply, if one of these forms has been issued and no final validity date is specified.If the pensioner or one of the members of his family is still entitled to receive benefits, in connection with carrying out a professional activity or receiving a replacement income, under the legislation of their country of residence or of another Member State, on a priority basis, in accordance with the regulations, the lump sums shall be calculated from the day following the date on which such entitlement ends.3. The institution issuing Form E 121 shall inform the institution of the place of residence of the suspension or withdrawal of entitlement to benefits in kind by forwarding two copies of Form E 108, with part A completed. After completing Part B, the institution of the place of residence shall return one of these copies to the competent institution.Where the E 108 form suspends or cancels an E 121 form, it shall, like the E 121 form, be issued in respect of a particular individual; in the event of the suspension or cancellation of a number of E 121 forms for members of the same family, as many E 108 forms must be issued as there are E 121 forms involved, even if the suspension or cancellation dates are identical or if all the persons concerned are registered with the same institution of the place of residence.4. The date with effect from which the lump sums shall cease to be paid is:(a) the date of suspension or withdrawal of entitlement, if Form E 108 is received by the institution of the place of residence within three months of that date. The date is recorded on this form and constitutes the date on which Form E 121 ceases to apply(b) the date on which Form E 108 is received by the institution of the place of residence, where this is more than three months after the date of suspension or withdrawal of entitlement. The date of receipt is recorded on this form and constitutes the date on which Form E 121 ceases to apply(c) the date of death of the pensioner or of a member of his family or the date on which the pensioner or member of his family changes residence to another Member State, where this date is prior to the date referred to under (a) or (b)(d) the date on which entitlement to benefits in kind under the legislation of the country of residence or of another Member State is acquired in accordance with the regulations in connection with the carrying out of a professional activity in this State or the granting of a pension under the legislation of that same State, where this date is prior to the date referred to under (a) or (b). However, if under the legislation of the country of residence entitlement to benefits in kind is subject not to conditions of insurance or the exercise of an activity but to residence conditions, the date to be taken into account is the date on which the professional activity was first carried out or the date on which the pension first became payable(e) the date from which a member of the pensioner's family in the Member State of residence ceases to meet the conditions of entitlement to benefits in kind under the legislation of that country, where this date is prior to the date referred to under (a) or (b).5. The institution of the place of residence shall keep the list up to date by taking as a basis the particulars supplied by the institution responsible for the pension, or the competent sickness insurance organisation of the Member State responsible for the pension, concerning acquisition of entitlement (Form E 121) or the suspension or withdrawal of entitlement to benefits (Form E 108), and taking account of the one-year validity period of E 121 forms issued by the German, French, Italian and Portuguese institutions for the family members of pensioners, though without prejudice to the form with which it is possible to end validity of this entitlement as soon as facts occur which, under the legislation of these Member States, justify the withdrawal or suspension of entitlement to benefits.6. Where the pensioner or a member of his family transfers his or her place of residence to another Member State, other than the Member State responsible for the pension, paragraph 1 shall again be applied.7. For the purposes of calculating the number of monthly lump-sum payments, the period during which the persons concerned may claim benefits shall be counted in months.The number of months shall be obtained by counting as a whole month the calendar month which contains the day from which the calculation of the lump sums has been made.The calendar month during which entitlement has ceased shall not be counted unless it is a complete month.If the period is less than one month, it shall be counted as a month.8. The lump sums shall be calculated on the basis of the figures obtained from the forms mentioned in paragraph 5.Article 2 For the purposes of applying Article 102 (2) of Regulation (EEC) No 574/72, the institutions of the place of residence shall forward every year to their national institutions and bodies designated in Annex 10 of Regulation (EEC) No 574/72 the individual statements of monthly lump-sum payments (Form E 127) drawn up on the basis of the lists provided for in Articles 94 and 95 of Regulation (EEC) No 574/72The designated institutions and bodies of the country of residence shall send the aforementioned statements to the designated institutions and bodies of the competent State.The E 127 forms shall indicate the number of monthly lump-sum payments due in respect of a single year for each family of an employed or self-employed person. In the case of pensioners and/or members of their families, the E 127 forms shall indicate the number of monthly lump-sum payments per person due in respect of a single year.Article 3 On the entry into force of this Decision, a list of those persons and/or members of their families entitled, under an E 121 or E 122 form issued prior to this date and still valid, to benefits in kind in their State of residence shall be compiled in accordance with the following procedure:- E 121 (family) forms remain valid until they are cancelled and/or replaced for the pensioner only, thus excluding the members of the pensioner's family- in respect of each member of the family of a pensioner previously registered on the basis of a former E 121 (family) form, a new E 121 (individual) form is to be issued, taking effect on the entry into force of this Decision. This latter date shall serve as the commencement date for the purposes of calculating lump-sum payments in respect of this person- the above provisions shall also apply to each member of the family of a pensioner previously registered on the basis of an E 122 form.Article 4 This Decision shall be published in the Official Journal of the European Communities.It replaces Decision No 141 of 17 October 1989.It shall be applicable from 1 January 1998.However, in relations with France:the provisions of the present Decision concerning the establishment of the lists provided for in Article 95 (4) of Regulation (EEC) No 574/72, which result from the introduction into Article 95 of this Regulation of an average cost per person for pensioners and the members of their families, shall apply only from 1 January 2002;the provisions of Decision No 141 of 17 October 1989 concerning the establishment of the lists provided for in Article 95 (4) of Regulation (EEC) No 574/71, in its version prior to 1 January 1998, which result from the calculation of an average cost per family unit for pensioners and members of their families, shall remain applicable until 31 December 2001.The Chairman of the Administrative CommissionPeter CLEASBY


title: Council Decision of 20 May 1975 amending Decision No 71/237/Euratom adopting a five-year research and training programme of the European Atomic Energy Community in the field of fusion and plasma physics

text:
12 . 6. 75                               Official Journal of the European Communities                                 No L 152/ 13
                                                     COUNCIL DECISION
                                                         of 20 May 1975
             amending Decision No 71/237/Euratom adopting a five-year research and training
             p rogramme of the European Atomic Energy Community in the field of fusion and plasma
                                                              physics
                                                        (75/330/Euratom)
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                            Whereas the abovementioned developments call for
                                                                     increased staff mobility,
Having regard to the Treaty establishing the                         HAS DECIDED AS FOLLOWS :
European Atomic Energy Community, and in
particular Article 7 thereof;                                                                Article 1
                                                                     The programme set out in the Annex to Decision
Having regard to the proposal from the Commission                    No 71 /237/Euratom shall be replaced by the
submitted after consultation with the Scientific and                 programme annexed to this Decision.
Technical Committee ;
                                                                                Article 2
Whereas by Decision No 71 /237/Euratom (*), as last                  Article 2 of Decision No 71 /237/Euratom shall be
amended by Decision No 74/36/Euratorn (2), the                       replaced by the following :
Council adopted a five-year research and training
programme in the field of fusion and plasma physics ;                    'The maximum             amount of expenditure
                                                                         commitments and the staff necessary for the
                                                                         implementation programme shall be fixed at
Whereas the results already obtained in the course                       73 100 000 units of account and 112 Community
of this programme show that it is desirable to                           servants plus 20 temporary Community servants,
undertake detailed studies to serve as a basis for a
                                                                         the unit of account being defined in Article 10 of
possible   subsequent        decision     to    provide    the           the Financial Regulation of 25 April 1973 (1 )
Community with a large machine of the Tokamak                            applicable to the general budget of the European
type (JET : 'Jokrt European Torus'); whereas to                          Communities .
avoid delay it is desirable to start on the preparatory
phase of the project during 1975 , without prejudice,
however, to a final decision to proceed to the                          (x) OJ No L 116, 1 . 5 . 1973 , p. 1 .'
construction phase ;
Whereas, in order to ensure the continuity of the                     Done at Brussels, 20 May 1975 .
said five-year programme which, moreover, takes its
place in the wider context of the security of the                                                               For the Council
long-term energy supplies of the Community, it must                                                              The President
be adequately supplemented with regard to the
operations to be conducted during 1975 ;                                                                           R. RYAN
(*) OT No L 143 , 29 . 6. 1971 , p. 33 .
(2) OJ No L 30, 4. 2. 1974, p. 18 .
 ---pagebreak--- No L 152/ 14                           Official Journal of the European Communities                                      12 . 6 . 75
                                                            ANNEX
                                              FUSION AND PLASMA PHYSICS
1 . An amount of 73 100 000 units of account shall be                      ment for the operations specified in point 5 which
     allocated to this programme and the upper limit for                   have been or are to be undertaken, a standard
     staff shall be fixed at 112 permament servants and                    preferential rate of participation not exceeding
     20 temporary servants. This amount is intended to                     44% being applied. In return, all members of the
     cover :                                                               association shall have the right to take part in the
                                                                           experiments carried out with this equipment;
     — the expenditure on equipment concerned with
         operations already undertaken or to be undertaken
         during the last two years of the programme which            (b) a maximum amount of 1 250 000 units of account
         are accorded priority status and specified in                     shall be set aside for expenditure for ensuring
         point 5 ;                                                         mobility of research staff of the Member States
                                                                           in order to enable them to work in the associated
     — the expenditure relating to the design phase and                    laboratories of the JET Working Party ;
         the preparatory phase of the large Tokamak JET
         project ;
                                                                      ( c) a maximum amount of 3 600 000 units of account
     — the cost of staff mobility;                                         shall be set aside for expenditure incurred in the
     — the other expenditure relating to operations to be                  first design phase and the preparatory phase of
         carried out under this programme.                                 the JET project. This amount shall be used to
                                                                           enable the work carried out by way of contracts
                                                                           other than association contracts to be entirely
2. The subject-matter of the programme which will be                       financed by the Commission, and to provide up
     executed by the associated laboratories shall be:                     to 600 000 units of account so as to increase its
                                                                           participation in the work carried out for the JET
     — general physics in the sector concerned, in par                    project in the associated laboratories to about
         ticular studies of a basic character or relating to               44% ;
         confinement of plasma with suitable devices and
         to methods for producing and heating plasma ;
                                                                     ( d) the amount not set aside for the operations and
     — research on the confinement in closed and open                     expenditure referred to in sections ( a), (b) and (c)
         ended configurations of plasma of widely varying                  shall form the upper limit of financial participation
         density and temperature ;                                         by the Community in other expenditure of the
    ■— production of and research on plasma of high and                    associations, in their management and in support
         very high density;                                                of the JET project. This participation shall be at
                                                                           a standard rate of about 25% . By way of dero
     — improvement of diagnostic methods ;                                 gation from this principle, this rate shall be
                                                                           increased to a maximum of 30% for the Euratom
     — investigation of technological problems connected                   CNEN-CNR        Association,  which     will    further
         with current research and of problems relating to                 benefit from the assumption by the programme
         thermonuclear reactor technology ;                                of the expenses in respect of the Euratom staff
                                                                           seconded thereto .
     — the design phase and the preparatory phase of the
         JET project.
     This work shall be carried out by means of associ
     ation contracts .                                            5. After conducting a technical examination of the
                                                                     various projects the Commission may finance, within
                                                                     the following upper limits, the operations mentioned
3. The programme set out in point 2 shall be part of a               below, which are accorded priority status:
     long-term cooperative project embracing all work
     carried out in the Member States in the field of fusion                                                    units of account
     and plasma physics. It is designed to lead in due
     course to the joint construction of prototypes with             — low-beta stellarator and Tokamak               11 800 000
     a view to their industrial scale production and                 — screw pinch and hight-beta stellarator           3 300 000
     marketing.
                                                                     — heating and injection processes                  1 900 000
4. Within the upper limit of 73 100 000 units of                     — very high density processes                      1 400 000
     account :
                                                                     — open-ended configurations                          500 000
     (a) a maximum amount of 17 800 000 units of ac
         count shall be allocated to the financing of equip         — reactor technology                                 900 000