title: 2011/228/EU: Council Decision of 13 December 2010 on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and the Republic of Cape Verde on certain aspects of air services

text:
               9.4.2011

               EN

               Official Journal of the European Union

               L 96/1

         COUNCIL DECISION
   of 13 December 2010
   on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and the Republic of Cape Verde on certain aspects of air services
   (2011/228/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               In its Decision of 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with an agreement at Union level.

               (2)

               On behalf of the Union, the Commission negotiated an Agreement with the Republic of Cape Verde on certain aspects of air services (the Agreement) in accordance with the mechanisms and directives in the Annex to the Council Decision of 5 June 2003.

               (3)

               The Agreement should be signed and provisionally applied subject to its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Agreement between the European Union and the Republic of Cape Verde on certain aspects of air services (the Agreement) is hereby approved on behalf of the Union, subject to 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 Union 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 (1).
   Article 4
   The President of the Council is hereby authorised to make the notification provided for in Article 8(2) of the Agreement.
   Article 5
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 13 December 2010.

            For the Council

            The President

         K. PEETERS

      (1)  The date from which the Agreement will be provisionally applied will be published in the Official Journal of the European Union by the General Secretariat of the Council.
    ---documentbreak---

               9.4.2011

               EN

               Official Journal of the European Union

               L 96/1

         AGREEMENT
   between the European Union and the Republic of Cape Verde on certain aspects of air services
   THE EUROPEAN UNION, hereinafter referred to as ‘the Union’
   of the one part, and
   THE REPUBLIC OF CAPE VERDE, hereinafter referred to as ‘Cape Verde’,
   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 Union and Cape Verde containing provisions contrary to the law of the Union,
   NOTING that the Union has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the Union and third countries,
   NOTING that, under the law of the Union, Union air carriers established in a Member State of the Union have the right to non-discriminatory access to air routes between the Member States of the Union and third countries,
   HAVING REGARD to the agreements between the Union 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 the law of the Union,
   RECOGNISING that certain provisions of the bilateral air service agreements between Member States of the Union and Cape Verde, which are contrary to the law of the Union, must be brought into conformity with it in order to establish a sound legal basis for air services between the Union and Cape Verde and to preserve the continuity of such air services,
   RECOGNISING that in the conclusion of any air services agreements by the Government of the Republic of Cape Verde with States that are not Member States of the Union, Cape Verde implements its own policy and rules on air carriers ownership and control,
   NOTING that under the law of the Union, Union air carriers may not, in principle, conclude agreements which may affect trade between Member States of the Union and which have as their object or effect the prevention, restriction or distortion of competition,
   RECOGNISING that provisions in bilateral air service agreements concluded between Member States of the Union and Cape Verde which (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers on the relevant routes; or (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to air carriers or other private economic operators the responsibility for taking measures that prevent, distort or restrict competition between air carriers on the relevant routes may render ineffective the competition rules applicable to undertakings,
   NOTING that it is not a purpose of the Union, as part of this Agreement, to increase the total volume of air traffic between the Union and Cape Verde, to affect the balance between Union air carriers and air carriers of Cape Verde, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights.
   HAVE AGREED AS FOLLOWS:
   Article 1
   General provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Union; ‘EU Treaties’ shall mean the Treaty on the European Union and the Treaty on the Functioning of the European Union; ‘Party’ shall mean a contracting party to this agreement; ‘air carrier’ shall also mean airline; ‘territory of the Union’ shall mean territories of the Member States to which the EU Treaties apply.
   2.   References in each of the agreements listed in Annex 1 to nationals of the Member State that is a Party to that agreement shall be understood as referring to nationals of the Member States.
   3.   References in each of the agreements listed in Annex 1 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, authorisation and revocation
   1.   The provisions in paragraphs 2 to 4 of this Article shall supersede the corresponding provisions in the articles listed in Annex 2(a) and (b) respectively, in relation to the designation of an air carrier, and the licences and permits granted to it.
   2.   On receipt of a designation by a Member State, Cape Verde shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (a)

               the air carrier is established, in the territory of the designating Member State, under the EU Treaties and has a valid Operating Licence in accordance with the law of the Union; and

               (b)

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

               (c)

               the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex 3 and/or nationals of such other states.

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

               (a)

               the air carrier is not established, in the territory of the designating Member State, under the EU Treaties or does not have a valid Operating Licence in accordance with the law of the Union; or

               (b)

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

               (c)

               the air carrier is not owned, directly or through majority ownership, or it is not effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex 3 and/or nationals of such other states.

         4.   In exercising its right under paragraph 3 of this Article, Cape Verde shall not discriminate between air carriers of Member States on the grounds of nationality.
   Article 3
   Safety
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the articles listed in Annex 2(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 Cape Verde under the safety provisions of the agreement between the Member State that has designated the air carrier and Cape Verde 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 2(d).
   2.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex 2(d) shall prevent a Member State from imposing, on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of Cape Verde 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
   Compatibility with competition rules
   1.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex 1 shall (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent or distort competition; (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to private economic operators the responsibility for taking measures that prevent, distort or restrict competition.
   2.   The provisions contained in the agreements listed in Annex 1 that are incompatible with paragraph 1 of this Article shall not be applied.
   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.
   3.   This Agreement shall apply to all agreements and arrangements listed in Annex 1 including those that, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally.
   Article 9
   Termination
   1.   In the event that an agreement listed in Annex 1 is terminated, all provisions of this Agreement that relate to the agreement listed in Annex 1 concerned shall terminate at the same time.
   2.   In the event that all agreements listed in Annex 1 are terminated, this Agreement shall terminate at the same time.

      IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
      Done in duplicate, in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish and Swedish languages, all texts being equally authentic.
      Съставено в Брюксел на двадесет и трети март две хиляди и единадесета година.
      Hecho en Bruselas, el veintitrés de marzo de dos mil once.
      V Bruselu dne dvacátého třetího března dva tisíce jedenáct.
      Udfærdiget i Bruxelles den treogtyvende marts to tusind og elleve.
      Geschehen zu Brüssel am dreiundzwanzigsten März zweitausendelf.
      Kahe tuhande üheteistkümnenda aasta märtsikuu kahekümne kolmandal päeval Brüsselis.
      Έγινε στις Βρυξέλλες, στις είκοσι τρεις Μαρτίου δύο χιλιάδες έντεκα.
      Done at Brussels on the twenty-third day of March in the year two thousand and eleven.
      Fait à Bruxelles, le vingt-trois mars deux mille onze.
      Fatto a Bruxelles, addì ventitré marzo duemilaundici.
      Briselē, divi tūkstoši vienpadsmitā gada divdesmit trešajā martā.
      Priimta du tūkstančiai vienuoliktų metų kovo dvidešimt trečią dieną Briuselyje.
      Kelt Brüsszelben, a kétezer-tizenegyedik év március huszonharmadik napján.
      Magħmul fi Brussell, fit-tlieta u għoxrin jum ta' Marzu tas-sena elfejn u ħdax.
      Gedaan te Brussel, de drieëntwintigste maart tweeduizend elf.
      Sporządzono w Brukseli dnia dwudziestego trzeciego marca roku dwa tysiące jedenastego.
      Feito em Bruxelas, em vinte e três de Março de dois mil e onze.
      Întocmit la Bruxelles la douăzeci și trei martie două mii unsprezece.
      V Bruseli dňa dvadsiateho tretieho marca dvetisícjedenásť.
      V Bruslju, dne triindvajsetega marca leta dva tisoč enajst.
      Tehty Brysselissä kahdentenakymmenentenäkolmantena päivänä maaliskuuta vuonna kaksituhattayksitoista.
      Som skedde i Bryssel den tjugotredje mars tjugohundraelva.

         За Европейския съюз
         Por la Unión Europea
         Za Evropskou unii
         For Den Europæiske Union
         Für die Europäische Union
         Euroopa Liidu nimel
         Για την Ευρωπαϊκή Ένωση
         For the European Union
         Pour l'Union européenne
         Per l'Unione europea
         Eiropas Savienības vārdā –
         Europos Sąjungos vardu
         Az Európai Unió részéről
         Għall-Unjoni Ewropea
         Voor de Europese Unie
         W imieniu Unii Europejskiej
         Pela União Europeia
         Pentru Uniunea Europeană
         Za Európsku úniu
         Za Evropsko unijo
         Euroopan unionin puolesta
         För Europeiska unionen

         За Република Кабо Верде
         Por la República de Cabo Verde
         Za Kapverdskou republiku
         For Republikken Kap Verde
         Für die Republik Kap Verde
         Cabo Verde Vabariigi nimel
         Για τη Δημοκρατία του Πράσινου Ακρωτηρίου
         For the Republic of Cape Verde
         Pour la République du Cap-Vert
         Per la Repubblica del Capo Verde
         Kaboverdes Republikas vārdā –
         Žaliojo Kyšulio Respublikos vardu
         A Zöld-foki Köztársaság részéről
         Għar-Repubblika Tal-Kap Verde
         Voor de Republiek Kaapverdië
         W imieniu Republiki Zielonego Przylądka
         Pela República de Cabo Verde
         Pentru Republica Capului Verde
         Za Kapverdskú republiku
         Za Republiko Zelenortski otoki
         Kap Verden tasavallan puolesta
         För Republiken Kap Verde

   ANNEX 1

      LIST OF AGREEMENTS REFERRED TO IN ARTICLE 1 OF THIS AGREEMENT

               (a)

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

                           —

                           Agreement between the Government of the Kingdom of Belgium and the Government of the Republic of Cape Verde on Air Transport signed at Brussels on 22 June 1998, hereinafter referred to ‘Cape Verde — Belgium Agreement’ in Annex 2,

                           —

                           Air Transport Agreement between the Government of the Federal Republic of Germany and the Government of the Republic of Cape Verde signed at Berlin on 19 June 2001, hereinafter referred to ‘Cape Verde — Germany Agreement’ in Annex 2,

                           —

                           Agreement between the Government of the Italian Republic and the Government of the Republic of Cape Verde concerning Air Services signed at Praia on 7 July 1998, hereinafter referred to ‘Cape Verde — Italy Agreement’ in Annex 2,

                           —

                           Agreement between the Kingdom of the Netherlands and the Republic of Cape Verde for air services signed at The Hague on 21 December 1988, hereinafter referred to ‘Cape Verde — Netherlands Agreement’ in Annex 2,

                           —

                           Air Transport Agreement between the Portuguese Republic and the Republic of Cape Verde, signed at Cidade da Praia on 30 March 2004, hereinafter referred to ‘Cape Verde — Portugal Agreement’ in Annex 2,

                           —

                           Agreement between the Government of the Socialist Republic of Romania and the Government of the Republic of Cape Verde concerning Air Services signed at Bucharest on 31 August 1983, hereinafter referred to ‘Cape Verde — Romania Agreement’ in Annex 2,

                           —

                           Agreement between the Kingdom of Spain and the Republic of Cape Verde relating to Air Services signed at Madrid on 19 September 2002, hereinafter referred to ‘Cape Verde — Spain Agreement’ in Annex 2,

                           —

                           Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Cape Verde concerning Air Services signed at Praia on 9 January 2007, hereinafter referred to ‘Cape Verde — UK Agreement’ in Annex 2.

               (b)

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

         ANNEX 2

      LIST OF ARTICLES IN THE AGREEMENTS LISTED IN ANNEX 1 AND REFERRED TO IN ARTICLES 2 TO 4 OF THIS AGREEMENT

               (a)

               Designation:

                           —

                           Article 3 of the Cape Verde — Belgium Agreement,

                           —

                           Article 3(4) of the Cape Verde — Germany Agreement,

                           —

                           Article 4 of the Cape Verde — Italy Agreement,

                           —

                           Article 3 of the Cape Verde — Netherlands Agreement,

                           —

                           Article 3 of the Cape Verde — Romania Agreement,

                           —

                           Article 3 of the Cape Verde — Spain Agreement.

               (b)

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

                           —

                           Article 5 of the Cape Verde — Belgium Agreement,

                           —

                           Article 3(4) and Article 4 of the Cape Verde — Germany Agreement,

                           —

                           Articles 4 and 5 of the Cape Verde — Italy Agreement,

                           —

                           Articles 3 and 4 of the Cape Verde — Netherlands Agreement,

                           —

                           Article 4 of the Cape Verde — Romania Agreement,

                           —

                           Article 4 of the Cape Verde — Spain Agreement.

               (c)

               Safety:

                           —

                           Article 12 of the Cape Verde — Germany Agreement,

                           —

                           Article 10 of the Cape Verde — Italy Agreement,

                           —

                           Article 15 of the Cape Verde — Portugal Agreement,

                           —

                           Article 9 of the Cape Verde — Romania Agreement,

                           —

                           Article 13 of the Cape Verde — Spain Agreement.

               (d)

               Taxation of aviation fuel:

                           —

                           Article 10 of the Cape Verde — Belgium Agreement,

                           —

                           Article 6 of the Cape Verde — Germany Agreement,

                           —

                           Article 6 of the Cape Verde — Italy Agreement,

                           —

                           Article 6 of the Cape Verde — Netherlands Agreement,

                           —

                           Article 11 of the Cape Verde — Romania Agreement,

                           —

                           Article 5 of the Cape Verde — Spain Agreement.

         ANNEX 3

      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: Mobilisation of the EU Solidarity Fund European Parliament resolution of 5 June 2008 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the EU Solidarity Fund in application of point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2008)0200 — C6-0164/2008 — 2008/2091(ACI))

text:
               26.11.2009

               EN

               Official Journal of the European Union

               CE 285/96

         Thursday 5 June 2008Mobilisation of the EU Solidarity Fund
   P6_TA(2008)0248
   European Parliament resolution of 5 June 2008 on the proposal for a decision of the European Parliament and of the Council on the mobilisation of the EU Solidarity Fund in application of point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (COM(2008)0200 — C6-0164/2008 — 2008/2091(ACI))
   2009/C 285 E/18

      The European Parliament,
   having regard to the Commission proposal to the European Parliament and the Council (COM(2008)0200 — C6-0164/2008),
   having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof,
   having regard to the result of the trialogue amongst the Commission and the two arms of the budgetary authority held on 16 April 2008,
   having regard to the report of the Committee on Budgets (A6-0205/2008),

               1.

               Approves the decision annexed to this resolution;

               2.

               Strongly recommends to the Commission, where the EU Solidarity Fund is concerned, to submit amending budgets that have its mobilisation as their sole purpose in order to avoid any delay in the delivery of financial aid in cases of disaster;

               3.

               Instructs its President to sign the decision with the President of the Council and arrange for publication of this decision in the Official Journal of the European Union;

               4.

               Instructs its President to forward this resolution, including its annex, to the Council and Commission.

      (1)  OJ C 139, 14.6.2006, p. 1. Agreement as last amended by Decision 2008/371/EC of the European Parliament and of the Council (OJ L 128, 16.5.2008, p. 8).

      Thursday 5 June 2008ANNEX

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
         of 5 June 2008
         on the mobilisation of the EU Solidarity Fund in accordance with point 26 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
         THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof,
         Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (2),
         Having regard to the proposal from the Commission,
         Whereas:

                     (1)

                     The European Union has created a European Union Solidarity Fund (‘the Fund’) to show solidarity with the population of regions struck by disasters.

                     (2)

                     The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the Fund within the annual ceiling of EUR 1 billion.

                     (3)

                     Regulation (EC) No 2012/2002 contains the provisions whereby the Fund may be mobilised.

                     (4)

                     Greece submitted an application to mobilise the Fund, concerning a disaster caused by forest fires in August 2007.

                     (5)

                     Slovenia submitted an application to mobilise the Fund, concerning a disaster caused by flooding in September 2007,

               HAVE DECIDED AS FOLLOWS:
         Article 1
         For the general budget of the European Union for the financial year 2008, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 98 023 212 in commitment and payment appropriations.
         Article 2
         This Decision shall be published in the Official Journal of the European Union.

            Done at Brussels, 5 June 2008

               For the European Parliament

                  The President

               For the Council

                  The President

         (1)  OJ C 139, 14.6.2006, p. 1. Agreement as last amended by Decision 2008/371/EC of the European Parliament and of the Council (OJ L 128, 16.5.2008, p. 8).

         (2)  OJ L 311, 14.11.2002, p. 3.


Avis juridique important

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31983D0522

83/522/EEC: Commission Decision of 24 October 1983 accepting the undertaking given in connection with the anti-dumping proceeding in respect of imports of lithium hydroxide originating in the People' s Republic of China and terminating that proceeding

Official Journal L 294 , 26/10/1983 P. 0029 - 0031

*****COMMISSION  DECISION  of 24 October 1983  accepting the undertaking given in connection with the anti-dumping proceeding in respect of imports of lithium hydroxide originating in the People's Republic of China and terminating that proceeding  (83/522/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3017/79 of 20 December 1979 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), as amended by Regulation (EEC) No 1580/82 (2), and in particular Article 10 thereof,  After consultations within the Advisory Committee as provided for under the above Regulation,  Whereas:  A. Procedure  (1) In November 1982 the Commission received a complaint lodged by CEFIC, the European Council of Chemical Industry Federations, on behalf of the sole Community producer of lithium hydroxide, relating to imports of the product in question originating in the the People's Republic of China. The complaint contained evidence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. The Commission accordingly announced, by a notice published in the Official Journal of the European Communities (3), the initiation of an anti-dumping proceeding concerning imports into the Community of lithium hydroxide falling within subheading 28.28 B of the Common Customs Tariff, corresponding to NIMEXE code ex 28.28-10 and originating in the People's Republic of China, and commenced an investigation.  (2) The Commission officially so advised the exporter and importers known to be concerned and the representatives of the exporting country and the complainants, and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.  (3) Most of the importers made their views known in writing and some importers were granted hearings.  (4) The Commission sought and verified all information it deemed to be necessary for the purposes of a preliminary determination; it carried out investigations at the premises of the Community producer:  Chemetall GmbH, D-Frankfurt,  and with one of the importers:  Lithium Corporation of Europe Ltd, UK-Bromborough.  (5) The enquiry into dumping covered the year ended 31 March 1983.  B. Normal value  (6) In order to establish whether the imports from the People's Republic of China were dumped, the Commission had to take account of the fact that this country does not have a market economy and the Commission therefore had to base its determination on the normal value in a market economy country; in this connection the complainant had suggested the United States' domestic market, this being the only non-EEC market-economy country which produces the like product. No objection was made to this suggestion and the Commission is satisfied that there is sufficient internal competition in the United States to ensure that price levels are in a reasonable proportion to production costs; it is, therefore, considered appropriate and not unreasonable to determine normal value for imports originating in the People's Republic of China on the basis of domestic prices in the United States.  C. Export price  (7) Export prices were determined on the basis of the prices actually paid or payable for the products sold for export to the Community.  D. Comparison  (8) In comparing normal value with export prices, the Commission took account, where appropriate, of differences affecting price comparability and, in particular, of differences in conditions and terms of sale. All comparisons were made at ex-works level.  E. Margins  (9) The above preliminary examination of the facts shows the existence of dumping in respect of imports of lithium hydroxide originating in the People's Republic of China, the margin of dumping being equal to the amount by which the normal value as established exceeds the price for export to the Community. These margins vary according to the importing Member State, the weighted average margin being 19,6 %.  F. Injury  (10) Statistical evidence available to the Commission shows that imports into the Community from China increased from 60 tonnes in 1980 to 500 tonnes in 1982 with a consequent increase in market share held by the People's Republic of China from 2,9 to 25,5 % in the same period. The weighted average resale prices of these imports were approximately 17 % lower than those required to cover the costs of the sole Community producer and provide a reasonable profit. The resultant impact on this producer has been the incurring of a considerable loss which puts into jeopardy the continued production of this product.  (11) The Commission has considered whether injury has been caused by other factors. In this connection it has taken into account the imports of lithium hydroxide originating in the United States and the Soviet Union which are being investigated simultaneously as a result of the review (1) of the definitive duty imposed by Council Regulation (EEC) No 191/80 (2), as amended by Regulation (EEC) No 2978/83 (3), and covering imports from these two countries. However, the substantial increase in dumped imports originating in the People's Republic of China and the prices at which they are offered for sale in the Community led the Commission to determine that the effect of these imports of Chinese origin taken in isolation have to be considered as constituting material injury to the Community industry concerned.  G. Community interest  (12) Community processing industries have argued that the introduction of protective measures would not be in the Community interest because it would adversely affect their competitive position on extra-Community markets. In view of the particularly serious difficulties facing the only Community producer, its strategic importance and the relatively low incidence of a price increase on the costs of the processing industry (whose exports outside the Community are also relatively low) the Commission has nevertheless come to the conclusion that it is in the Community's interest that action be taken.  H. Undertakings  (13) The exporter concerned was informed of the main findings of the preliminary investigation and commented on them. An undertaking was subsequently offered by China National Chemicals Import and Export Corporation concerning its exports of lithium hydroxide to the Community. The effect of the said undertaking will be to increase export prices to the Community to the level which the Commission, having taken into account, on the one hand, the selling price necessary to provide an adequate return to the Community producer and, on the other hand, the  purchase price of the Community importers and their costs and profit margins, considered necessary to eliminate injury. These increases in no case exceed the dumping margins found in the investigation.  In these circumstances, the undertaking offered is considered acceptable and the proceeding may, therefore, be terminated without imposition of anti-dumping duties.  No objection to this course of action was raised in the Advisory Committee,  HAS DECIDED AS FOLLOWS:  Article 1  The Commission hereby accepts the undertaking given by China National Chemicals Import and Export Corporation in connection with the anti-dumping proceeding concerning lithium hydroxide falling within subheading 28.28 B of the Common Customs Tariff and corresponding to NIMEXE code ex 28.28-10, originating in the People's Republic of China.  Article 2  The anti-dumping proceeding concerning imports of lithium hydroxide originating in the People's Republic of China is hereby terminated.  Done at Brussels, 24 October 1983.  For the Commission  Wilhelm HAFERKAMP  Vice-President  (1) OJ No L 339, 31. 12. 1979, p. 1.  (2) OJ No L 178, 22. 6. 1982, p. 9.  (3) OJ No C 98, 12. 4. 1983, p. 2.  (1) OJ No C 98, 12. 4. 1983, p. 2.  (2) OJ No L 23, 30. 1. 1983, p. 19.  (3) See page 3 of this Official Journal.


Important legal notice

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E2002C0272

2002/272/: EFTA Surveillance Authority Decision No 272/02/COL of 18 December 2002 amending for the third time the Rules of Procedure of the EFTA Surveillance Authority

Official Journal L 080 , 27/03/2003 P. 0034 - 0034

EFTA Surveillance Authority DecisionNo 272/02/COLof 18 December 2002amending for the third time the Rules of Procedure of the EFTA Surveillance Authority(1)THE EFTA SURVEILLANCE AUTHORITY,Having regard to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice, and in particular Article 13 thereof,Considering the Rules of Procedure of the EFTA Surveillance Authority,Whereas certain adjustments are needed to these Rules of Procedure,HAS ADOPTED THIS DECISION:1. In Article 2, the first paragraph shall be replaced by the following text:"In the performance of its official functions, the College shall be assisted by four departments, namely two Directorates, Legal &  Executive Affairs and Administration."2. Article 21 shall as follows:"Article 21Save as otherwise decided by the College, where a Director is prevented from exercising his/her functions or duties, they shall be exercised by a subordinate official(s) in the order laid down by the Director."3. This Decision shall apply as from 1 January 2003.4. This Decision, which is authentic in the English language, shall be published in the EEA Section of, and the EEA Supplement to the Official Journal of the European Union.Done at Brussels, 18 December 2002.For the EFTA Surveillance AuthorityThe PresidentEinar M. Bull(1) Adopted by the Authority on 7 January 1994, Decision No 1/94/COL (OJ L 113, 4.5.1994, p. 19 and EEA Supplement No 6, 4.5.1994), amended for the first time by Decision 18/95/COL of 17 March 1995 and for the second time by Decision 71/95/COL of 5 July 1995.


Avis juridique important

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E1996C0112

EFTA SURVEILLANCE AUTHORITY DECISION No 112/96/COL of 11 September 1996 on the 10th amendment of the procedural and substantive rules in the field of State aid

Official Journal L 042 , 13/02/1997 P. 0033 - 0038

EFTA SURVEILLANCE AUTHORITY DECISION No 112/96/COL of 11 September 1996 on the 10th amendment of the procedural and substantive rules in the field of State aid THE EFTA SURVEILLANCE AUTHORITYhas amended the procedural and substantive rules in the field of State aid (1), adopted on 19 January 1994 (2), as last amended on 15 May 1996 (3), as follows:Chapter 10 of the State aid guidelines shall be replaced by the following:'10. AID TO SMALL AND MEDIUM-SIZED ENTERPRISES (SME) (1)(1) The rules in this chapter are without prejudice to schemes already authorized at the date of their adoption. Such schemes may however be reviewed under Article 1 (1) of Protocol 3 to the Surveillance and Court Agreement (2).(2) The rules in this chapter apply to aid granted to SMEs in all industries, with the exception of those covered by industry-specific rules. Any aid given to SMEs in those industries is subject to the relevant rules for the particular industry. Such rules currently exist for steel, shipbuilding, synthetic fibres, the motor vehicle industry and transport.10.1. Introduction(1) SMEs play a decisive role in job creation and, more generally, act as a factor of social stability and economic drive. It is generally accepted that SMEs suffer from a number of handicaps that can slow down their development. One such handicap is the difficulty in obtaining capital and credit, the chief causes of which are imperfect information, the risk-shy nature of financial markets and the limited guarantees that SMEs are in a position to offer. SMEs' limited resources restrict their access to information, notably regarding new technology and potential markets. The introduction of new regulatory arrangements often entails higher costs for SMEs. Imperfections in the market which limit the socially desirable development of SMEs justify the favourable consideration which the Authority has been prepared to give to State aid to SMEs, provided that such aid does not affect trade to a disproportionate extent relative to the contribution it makes to the achievement of objectives of common interest allowed by Article 61 (3) EEA.(2) Article 61 (1) EEA imposes a general ban, subject to certain exceptions, on "any aid granted by EC Member States, EFTA States or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods . . . in so far as it affects trade between Contracting Parties . . . ". State aid given to SMEs will usually be caught by this provision. Such aid confers an advantage on particular firms, unlike general measures, which may benefit all enterprises throughout the economy. It may affect trade within the EEA because many SMEs export part of their output and because in most industries a strengthening in the position of SMEs on the local or national market will make it more difficult for producers from elsewhere in the EEA to penetrate that market.(3) Nevertheless, some SMEs, and certain micro-enterprises in particular, carry on businesses in which there is no trade between Contracting Parties to the EEA Agreement (providing local services, for example). Aid given to them for activities of this sort falls outside the scope of Article 61 (1) EEA.(4) Any aid given to a firm is capable of distorting competition; but not all aid has a perceptible effect on trade and competition within the EEA. This is particularly true where the amount of aid involved is small, although such aid is not, as a general rule, intended exclusively for SMEs. What is known as the de minimis rule (3) sets a threshold figure below which Article 61 (1) EEA can be said not to apply, so that a measure need not be notified in advance to the Authority in accordance with Article 1 (3) of Protocol 3 to the Surveillance and Court Agreement.10.2. Definition of SMEs(1) For the purpose of applying these guidelines, an SME is defined (4) as an enterprise which:- has fewer than 250 employees (5), and- has either:- an annual turnover (6) (7) not exceeding ECU 40 million, or- an annual balance-sheet total not exceeding ECU 27 million, and- conforms to the criterion of independence defined below.(2) Where it is necessary to distinguish between "small" and "medium-sized" enterprises, a "small" enterprise is defined as one which:- has fewer than 50 employees, and- has either:- an annual turnover not exceeding ECU 7 million, or- an annual balance-sheet total not exceeding ECU 5 million, and- conforms to the criterion of independence defined below.(3) An enterprise is considered independent unless 25 % or more of the capital or of the voting rights is owned by an enterprise falling outside the definition of an SME or of a small enterprise whichever may apply, or jointly by several such enterprises. This ceiling may be exceeded in two cases:- if the enterprise is held by public investment corporations, venture capital companies or institutional investors, provided no control is exercised either individually or jointly,- if the capital is spread in such a way that it is not possible to determine by whom it is held and if the enterprise declares that it can legitimately presume that it is not owned as to 25 % or more by one enterprise, or jointly by several enterprises, falling outside the definitions of an SME or a small enterprise, whichever may apply.(4) The three tests - workforce, turnover or balance-sheet total, and independence - are cumulative: all three must be satisfied. The independence test, according to which a large enterprise must not hold 25 % or more of the SME's capital, is based on practice in a number of EEA States where this percentage is the threshold at which supervision becomes possible. In order to ensure that only genuinely independent SMEs are included, there has to be a way of eliminating legal arrangements in which SMEs form an economic group much stronger than an individual SME. In calculating the thresholds referred to above, it is therefore necessary to cumulate the relevant figures for the recipient enterprise and for all the enterprises which it directly or indirectly controls through possession of 25 % or more of the capital or of the voting rights.10.3. The tests applied in assessing aid10.3.1. General principles(1) The Authority may consider aid compatible with the common market in accordance with Article 61 (3) (c) if it is intended "to facilitate the development of certain economic activities. . . where such aid does not adversely affect trading conditions to an extent contrary to the common interest". To qualify for exemption under this provision, a State aid measure must in the first place be in the nature of an incentive: it must under no circumstances have the sole effect of continuously or periodically reducing the costs which the enterprise would normally have to bear, while otherwise leaving the status quo untouched, as in the case of operating aid (8), and it must be necessary in order to achieve objectives which market forces alone would not secure. The objectives pursued must be in the common interest. Lastly, the aid must be proportionate to the handicaps which have to be overcome in order to secure the socio-economic benefits deemed to be desirable on grounds of the common interest: the positive effect must outweigh the damaging effect which State aid has on competition and trade.10.3.2. Purpose of the aid and admissible intensities10.3.2.1. Tangible investment(1) Tangible "investment" is defined (9) as investment in fixed assets:- "in the creation of a new establishment, the extension of an existing establishment or in engaging in an activity involving a fundamental change in the product or production process of an existing establishment (by means of rationalization, restructuring or modernization)",or- "by way of take-over of an establishment which has closed or which would have closed had such take-over not taken place".(2) The intensity is to be calculated by reference to the eligible costs, namely the actual costs of land, buildings and plant. In the case of a take-over of an establishment the selling price of the assets should be looked at.(3) Outside areas qualifying for regional aid (10), the Authority may grant exemption under Article 61 (3) (c) for aid to SMEs where the intensity of the aid, measured in gross grant equivalent (11) as a proportion of the costs referred to in the preceding paragraph, does not exceed 15 % in the case of small enterprises, or 7,5 % in the case of medium-sized enterprises.(4) In assisted areas, the Authority may approve aid to SMEs which exceeds the level of regional investment aid it has authorized for large enterprises in the area:- by 10 percentage points gross in areas covered by Article 61 (3) (c), provided the total does not exceed 30 % net,- by 15 percentage points gross in areas covered by Article 61 (3) (a), provided the total does not exceed 75 % net.(5) Where an EFTA State proposes financing in respect of costs other than the eligible costs defined above, the aid will have to be recalculated by reference to the eligible costs (12). The EFTA States are also free to grant aid within the limits authorized by the de minimis rule towards expenditure which would not be eligible under the definitions given in the present guidelines.10.3.2.2. Intangible investment in the form of transfers of technology(1) The Authority takes a sympathetic approach towards aid for research and development (R& D). The concept of aid for training and consultancy includes therefore aid that is designed to encourage SMEs to use advanced technology which they would not have been able to develop themselves, by authorizing limited assistance towards the transfer of technology to SMEs from research laboratories or from other firms. Inequality in the information available to licensors and licensees regarding new technology, and other types of market imperfection associated with technology transfers, along with the irrecoverable character of the costs of acquiring specific technology or know-how, may provide justification for public assistance towards spending of this kind by SMEs, while limiting the impact on competition. For SMEs outside areas qualifying for domestic regional aid, therefore, the Authority may authorize aid which does not exceed the following gross intensities, measured as a percentage of the cost of acquiring patent rights, licences, know-how or unpatented technical knowledge (13): 15 % in the case of small enterprises, or 7,5 % in the case of medium-sized enterprises.(2) In assisted areas the Authority may approve aid to SMEs which exceeds the level of regional investment aid it has authorized for large enterprises in the area:- by 10 percentage points gross in areas covered by Article 61 (3) (c), provided the total does not exceed 30 % net,- by 15 percentage points gross in areas covered by Article 61 (3) (a), provided the total does not exceed 75 % net.10.3.2.3. Consultancy services, training and dissemination of knowledge(1) Aid of up to 50 % gross will generally be allowed for consultancy services provided by outside consultants to new or established SMEs or for the training given to their staff in such fields as management, financial matters, new technology (especially information technology), pollution control, protection of intellectual property rights or the like, or for the purpose of assessing the feasibility of new ventures. Each scheme will, however, be judged on its merits, with particular reference to the distance of the activity from the market place, any cost ceilings for individual firms, any possibilities of combination with other forms of aid, and other relevant factors. In certain exceptional circumstances, the Authority may allow aid of more than 50 %. Assisted areas are one such case. Aid for general information campaigns may also qualify for a higher intensity if the financial benefit to the individual firm is small.(2) It is important to specify that such measures do not cover:- aid relating to investment liable to be entered on the assets side of the enterprise's balance sheet as intangible assets (costs of R& D, concessions, patents, licences, etc.) and dealt with at sections 10.3.2.2. and 10.3.2.6., or- continuous or periodic aid not acting as an incentive and relating to the enterprise's usual operating expenditure (routine tax consultancy services, regular legal services, advertising, etc.).10.3.2.4. Aid for the transfer of SMEs(1) The Authority recognizes the problems of SMEs, and particularly family businesses, being forced to cease trading owing to insuperable difficulties in transferring them. If the buyer is an SME too, it may be given aid to help with the take over in accordance with the rules on aid to tangible investment at section 10.3.2.1. above.10.3.2.5. Aid for environmental protection(1) Aid for environmental protection will be considered in the light of the rules contained in Chapter 15 of these guidelines. Environmental aid granted to SMEs may be up to 10 percentage points gross above the rate ordinarily allowed in the case of large enterprises.10.3.2.6. Aid for R& D(1) Aid for R& D will be considered in the light of the rules contained in Chapter 14 of these guidelines. R& D aid granted to SMEs may be up to 10 percentage points gross above the rate ordinarily allowed in the case of large enterprises.10.3.2.7. Aid for employment(1) Aid for employment will be considered in the light of the rules contained in Chapter 18 of these guidelines. In particular the Authority will be favourably disposed towards aid to create new jobs in SMEs.10.3.2.8. Aid for other purposes(1) The majority of the aid schemes for SMEs which are notified to the Authority fall into the categories listed above. But the Authority may be prepared to authorize aid towards other justified measures designed to help SMEs, e.g. by encouraging cooperation between them, or towards measures to promote culture and heritage conservation, provided that they do not affect trading conditions and competition to an extent that is contrary to the common interest.(1) This chapter corresponds to the Community guidelines on aid for small and medium-sized enterprises adopted by the Commission on 20 March 1996 (OJ No C 213, 23. 7. 1996, p. 4). The operation of the Community guidelines will be reviewed after they have been in force for three years; they may be revised if necessary.(2) See Chapter 7 of these guidelines.(3) See Chapter 12 of these guidelines.(4) In accordance with Commission recommendation 96/280/EC of 3 April 1996 concerning the definition of small and medium-sized enterprises (OJ No L 107, 30. 4. 1996, p. 4). The Commission will amend the ceilings chosen for turnover or balance-sheet total as the need arises and normally every four years from the adoption of this recommendation, to take account of changing circumstances in the Community.(5) The number of employees is the number of annual work units (AWUs), that is to say the number of wage- and salary-earners employed full-time for a whole year, with part-time or seasonal work being counted as fractions of a unit. The year to be taken is the last completed financial year.(6) The "turnover" referred to here is the "net turnover" defined in Article 28 of the European Council's Fourth Company Law Directive 78/660/EEC (the act referred to in Annex XXII.4 of the EEA Agreement) on the annual accounts of certain types of companies (OJ No L 222, 14. 8. 1978, p. 11), as last amended by Directive 94/8/EC (OJ No L 82, 25. 3. 1994, p. 33), that is to say "the amounts derived from the sale of products and the provision of services falling within the company's ordinary activities, after deduction of sales rebates and of value added tax and other taxes directly linked to the turnover".(7) Where at the final balance sheet date, an enterprise exceeds or falls below the employee thresholds or financial ceilings, this is to result in its acquiring or losing the status of "SME", "medium-sized enterprise", "small enterprise" or "micro-enterprise" (fewer than ten employees) only if the phenomenon is repeated over two consecutive financial years. The turnover and balance sheet total thresholds are those of the last approved 12-month accounting period. In the case of newly established enterprises whose accounts have not yet been approved, the thresholds to apply shall be derived from a reliable estimate made in the course of the financial year.(8) There are certain exceptional circumstances in which operating aid is admissible in regions qualifying for regional aid under Article 61 (3) (a) and (c). See Chapter 28 of these guidelines.(9) In accordance with paragraph 25 (11) of these guidelines.(10) See Chapter 28 of these guidelines.(11) That is to say, the nominal (before-tax) value of grants and the discounted before-tax value of interest subsidies as a proportion of the investment cost. Net figures are after tax.(12) This rule does not apply to costs which are eligible for the classes of aid described below.(13) The rules which follow do not concern the costs of acquiring patent rights, licences, etc. which form part of the eligible costs of an R& D project put forward by the recipient in accordance with the fourth indent of paragraph 14.6. (1) of these guidelines and which qualify for the rates admissible for the type of R& D project of which they form part.`Done at Brussels, 11 September 1996.For the EFTA Surveillance AuthorityThe PresidentKnut ALMESTAD(1) Hereinafter referred to as the State aid guidelines.(2) OJ No L 231, 3. 9. 1994, p. 1.(3) OJ No L 245, 26. 9. 1996, p. 28.


Avis juridique important

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31988D0265

88/265/EEC: Commission Decision of 12 April 1988 on the appointment of members to the Scientific and Technical Committee for Fisheries

Official Journal L 107 , 28/04/1988 P. 0049 - 0049

*****COMMISSION  DECISION  of 12 April 1988  on the appointment of members to the Scientific and Technical Committee for Fisheries  (88/265/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 170/83 of 25 January 1983 establishing a Community system for the conservation and management of fishery resources (1), and in particular Article 12 thereof,  Having regard to Commission Decision 79/572/EEC of 8 June 1979 relating to the institution of a Scientific and Technical Committee for Fisheries (2), and in particular Articles 4 and 6 (1) thereof,  Whereas the appointment of members of the said Committee expired on 17 February 1988 and it is necessary either to nominate new members or to renew the mandates of existing members,  HAS DECIDED AS FOLLOWS:  Sole Article  The composition of the Committee, which shall consist for the time being of 27 members whose term of office shall expire two years after the date of their nomination, is as follows:  1.2 // Mr D. Armstrong   // (United Kingdom)   // Mr A. Astudillo   // (Spain)   // Mr R. Boddeke   // (Netherlands)  // Mrs F. Cardador   // (Portugal)   // Mr A. A. H. M. Corten  // (Netherlands)   // Mr R. De Clerck   // (Belgium)   // Mr H. Farrugio   // (France)   // Mr M. Ferretti   // (Italy)  // Mr R. Fonteyne   // (Belgium)   // Mr H. Frost  // (Denmark)   // Mr B. Gilly   // (France)   // Mr R. Grainger   // (Ireland)   // Mr N. McKellar   // (United Kingdom)   // Mr M. A. Maucorps   // (France)   // Mr J. Molloy   // (Ireland)   // Mr N. A. Nielsen   // (Denmark)   // Mr P. Oliver   // (Spain)   // Mr F. J. Pereiro   // (Spain)   // Mr C. Piccinetti   // (Italy)   // Mr J. G. Pope   // (United Kingdom)   // Mr G. Rauck   // (Federal Republic of Germany)  // Mr A. Schumacher   // (Federal Republic of Germany)   // Mr C. A. Sousa Reis   // (Portugal)   // Mr S. Tselas  // (Greece)   // Mr A. Tsagkridis   // (Greece)   // Mr F. A. van Beek   // (Netherlands)   // Mr D. Wileman   // (Denmark)  Done at Brussels, 12 April 1988.  For the Commission  Antonio CARDOSO E CUNHA  Member of the Commission  (1) OJ No L 24, 27. 1. 1983, p. 1.  (2) OJ No L 156, 23. 6. 1979, p. 29.


Avis juridique important

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31992D0622

92/622/ECSC: Commission Decision of 7 December 1992 concerning the conclusion on behalf of the European Coal and Steel Community of the Agreement in the form of exchanges of letters between the European Coal and Steel Community and the European Economic Community, of the one part, and the Republic of Hungary, of the other part, to extend the duration of the Interim Agreement signed between the Parties in Brussels on 16 December 1991

Official Journal L 408 , 31/12/1992 P. 0018 - 0018 Finnish special edition: Chapter 11 Volume 20 P. 0178  Swedish special edition: Chapter 11 Volume 20 P. 0178

COMMISSION DECISION of 7  December 1992 concerning the conlusion on behalf of the European Coal and Steel Community of the  Agreement in the form of exchanges of letters between the European Coal and Steel Community and the  European Economic Community, of the one part, and the Republic of Hungary, of the other part, to  extend the duration of the Interim Agreement signed between the Parties in Brussels on 16 December  1991 (92/622/ECSC)THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Coal and Steel Community, and in particular  the first paragraph of Article 95 thereof, Whereas, pending the completion of the ratification procedure of the Europe Agreement signed in  Brussels on 16 December 1991 it is necessary to extend, after 31 December 1992 the duration of the  Interim Agreement, signed in Brussels on 16 December 1991, by concluding an Agreement in the form  of exchanges of letter; Having consulted the Consultative Committee and with the unanimous assent of the Council, HAS DECIDED AS FOLLOWS: Article 1 The Agreement in the form of exchanges of letters concerning the  extension after the 31 December 1992 of the duration of the Interim Agreement, signed in Brussels  on 16 December 1991, between the European Coal and Steel Community and the European Economic  Community of the one part and the Republic of Hungary of the other part, is hereby approved on  behalf of the European Coal and Steel Community. The text of the Agreement is annexed to this Decision (1). Article 2 The President of the Commission is hereby authorized to designate the person who will  sign the Agreement in order to bind the Commission. Done at Brussels, 7 December 1992. For the Council The President Jacques DELORS   (1) See page 8 of this Official Journal.


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31984D0571

84/571/Euratom: Council Decision of 27 November 1984 appointing a member of the Advisory Committee of the Euratom Supply Agency

Official Journal L 314 , 04/12/1984 P. 0030 - 0030

*****COUNCIL  DECISION  of 27 November 1984  appointing a member of the Advisory Committee of the Euratom Supply Agency  (84/571/Euratom)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Statutes of the Euratom Supply Agency (1), as amended by Decision 73/45/Euratom (2), and in particular Article X thereof,  Having regard to the Council Decision of 14 June 1983 appointing the members of the Advisory Committee of the Euratom Supply Agency (3),  Having regard to the opinion of the Commission,  Whereas the seat of a member of the above Committee has fallen vacant following the resignation of Mr W. Rooke, which was communicated to the Council on 6 September 1984;  Considering the nomination submitted by the Government of the United Kingdom on 6 September 1984,  HAS DECIDED AS FOLLOWS:  Sole Article  Mr D. Aston is hereby appointed member of the Advisory Committee of the Euratom Supply Agency replacing Mr W. Rooke for the remainder of the latter's term of office, namely until 28 March 1985.  Done at Brussels, 27 November 1984.  For the Council  The President  P. BARRY  (1) OJ No 27, 6. 12. 1958, p. 534/58.  (2) OJ No L 83, 30. 3. 1973, p. 20.  (3) OJ No C 169, 29. 6. 1983, p. 1.


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31979D0964

79/964/EEC: Council Decision of 12 November 1979 appointing a full member and an alternate member of the Advisory Committee on Social Security for Migrant Workers

Official Journal L 293 , 20/11/1979 P. 0013 - 0013

****( 1 ) OJ NO L 149 , 5 . 7 . 1971 , P . 2 .    COUNCIL DECISION   OF 12 NOVEMBER 1979   APPOINTING A FULL MEMBER AND AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS  ( 79/964/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1408/71 OF 14 JUNE 1971 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 82 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 15 OCTOBER 1979 APPOINTING THE MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS FOR THE PERIOD ENDING 14 OCTOBER 1981 ,   WHEREAS ONE SEAT AS FULL MEMBER AND ONE SEAT AS ALTERNATE MEMBER OF THE AFORESAID COMMITTEE IN THE EMPLOYERS ' REPRESENTATIVES CATEGORY HAVE FALLEN VACANT FOLLOWING THE RESIGNATIONS OF MR CHRISTENSEN AND MRS JOHANSEN , NOTIFIED TO THE COUNCIL ON 12 OCTOBER 1979 ;   HAVING REGARD TO THE NOMINATIONS SUBMITTED ON 24 OCTOBER 1979 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MRS BIRTE JOHANSEN IS HEREBY APPOINTED FULL MEMBER AND MR JOERGEN TEJLGAARD PETERSEN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS IN PLACE OF MR CHRISTENSEN AND MRS JOHANSEN FOR THE REMAINDER OF THEIR TERM OF OFFICE , WHICH RUNS UNTIL 14 OCTOBER 1981 .   DONE AT BRUSSELS , 12 NOVEMBER 1979 .   FOR THE COUNCIL   THE PRESIDENT   J . GIBBONS


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32001D0041

2001/41/EC: Council Decision of 22 December 2000 on the rules applicable to national experts on detachment to the General Secretariat of the Council in the context of an exchange system for officials of the General Secretariat of the Council of the European Union and officials of national administrations or of international organisations

Official Journal L 011 , 16/01/2001 P. 0035 - 0039

Council Decisionof 22 December 2000on the rules applicable to national experts on detachment to the General Secretariat of the Council in the context of an exchange system for officials of the General Secretariat of the Council of the European Union and officials of national administrations or of international organisations(2001/41/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 207(2) thereof,Whereas:(1) The conclusions of the Helsinki European Council in December 1999 encourage the implementation within the General Secretariat of the Council of the possibility of exchanges with national administrations.(2) It has been decided to introduce arrangements for the exchange of officials to ensure closer collaboration between the Council and national administrations or international organisations, by means of the detachment of officials of the General Secretariat to such administrations or organisations and by the detachment to the General Secretariat of national or international officials, thus allowing a reciprocal transfer of knowledge to be carried out.(3) The specific nature and volume of the work to be done justifies the detachment of several national experts and practitioners, to the General Secretariat of the Council for a limited period,HAS DECIDED AS FOLLOWS:CHAPTER IGENERAL PROVISIONSArticle 1Definition1. These rules are applicable to national experts on detachment to the General Secretariat of the Council, hereinafter referred to as the "General Secretariat", in the context of the arrangements for exchanges of officials of the General Secretariat with national administrations or international organisations.2. The persons covered by these rules shall remain in paid employment in an international or national administration throughout the period of detachment.3. Except where the Secretary-General/High Representative grants a derogation, national experts on detachment shall be nationals of a Member State of the European Union. However, such a derogation shall be excluded in the field of the European common security and defence policy.Article 2Period of detachment1. The period of detachment of national experts on detachment shall depend on the tasks assigned to them. The total period of detachment, including any renewal, may not exceed four years. They shall serve on a full-time basis throughout the period of detachment.2. The probable period of detachment shall be fixed at the outset in the Exchange of Letters referred to in Article 18(2) between the Secretary-General/High Representative and the Permanent Representative, or the employer in the case of an international organisation.3. No national expert may be detached to the General Secretariat more than once.Article 3Duties1. National experts on detachment shall assist General Secretariat officials and carry out the tasks entrusted to them in a predetermined work programme or job description.2. The duties carried out shall be defined by mutual agreement between the General Secretariat and the home administration in the interest of the departments and taking into account the candidate's qualifications.3. Unless special instructions to the contrary are given, under the authority of the Secretary-General/High Representative, by the Director-General of the Directorate-General to which they are assigned, national experts on detachment shall not enter into any commitment on the General Secretariat's behalf with third parties.4. National experts on detachment may work in any field where their services are deemed necessary provided there is no conflict with the interests of the European Union.Article 4Level, professional experience and knowledge of languages1. To qualify for detachment to the General Secretariat a national expert must have at least three years' experience of advisory or supervisory duties in a grade equivalent to Categories A or B at the General Secretariat.2. A national expert on detachment must have a thorough knowledge of one of the languages of the European Union and a satisfactory knowledge of another of these languages to the extent necessary for him to carry out the tasks entrusted to him.3. The Exchange of Letters referred to in Article 18(2) must stipulate the level of any security clearance of national experts on detachment.4. National experts on detachment must have a good knowledge of the use of information technology.Article 5Social security1. Before the period of detachment begins, the administration from which the official is to be detached shall certify to the General Secretariat that he will remain subject throughout the period of detachment to the social security legislation applicable to that administration which will assume responsibility for expenses incurred abroad.2. From the day he takes up duty a national expert on detachment shall be personally insured against the risk of accidents on the same terms as General Secretariat employees not covered by the Staff Regulations.3. A national expert on detachment who cannot be covered by a public sickness insurance scheme can apply to have this risk insured by the General Secretariat subject to his contributing half the relevant insurance premium. In such a case, his contribution shall be deducted monthly from the subsistence allowance referred to in Article 12.Article 6Breaks in or termination of periods of detachment1. The General Secretariat may authorise breaks in periods of detachment and specify the terms applicable. The allowances referred to in Articles 12 and 13 shall not be payable during such breaks. The allowances referred to in Articles 14 and 15 shall be paid only if the break is at the General Secretariat's request.2. Periods of detachment may be terminated if the interests of the General Secretariat or the expert's employer so require or for any other sufficient cause.CHAPTER IIRIGHTS AND OBLIGATIONS OF A NATIONAL EXPERT ON DETACHMENTArticle 71. A national expert on detachment shall carry out his duties and conduct himself solely with the interests of the Council in mind.2. A national expert on detachment shall abstain from any action, and in particular any public expression of opinion, which may reflect on his position.3. A national expert on detachment who, in the performance of his duties, is called on to decide on a matter in the handling or outcome of which he has a personal interest such as to impair his independence shall inform the head of the department to which he is assigned.4. A national expert on detachment shall exercise the greatest discretion with regard to all facts and information coming to his knowledge in the course of or in connection with the performance of his duties; he shall not in any form whatsoever disclose to any unauthorised person any document or information not already made public. He shall continue to be bound by this obligation after his period of detachment has terminated.5. A national expert on detachment shall not, whether alone or together with others, publish or cause to be published any matter dealing with the work of the European Union without obtaining permission in accordance with the conditions and rules in force at the General Secretariat.6. A national expert on detachment shall be subject to the security rules in force at the General Secretariat.7. All rights in any work done by a national expert on detachment in the performance of his duties shall be the property of the General Secretariat.8. A national expert on detachment shall reside at his place of employment or at no greater distance therefrom than is compatible with the proper performance of his duties.9. A national expert on detachment shall assist and tender advice to the superiors at the General Secretariat; he shall be responsible to them for performance of the tasks entrusted to him.CHAPTER IIIWORKING CONDITIONS OF THE NATIONAL EXPERT ON DETACHMENTArticle 8Hours of work1. A national expert on detachment shall be bound by the rules on hours of work in force at the General Secretariat.2. However, a national expert on detachment shall not be authorised to work half-time.Article 9Leave and holidaysA national expert on detachment shall be subject to the rules on annual leave, special leave and holidays in force at the General Secretariat.Article 10Management and controlManagement and control of leave and working time shall be the responsibility of the administration of the General Secretariat.CHAPTER IVEMOLUMENTSA. RemunerationArticle 11Declaration of salary paid by the expert's employer1. The Office of the Permanent Representative of the Member State concerned, or the employer in the case of an international organisation, shall notify the General Secretariat of the gross annual salary paid to each national expert on detachment.2. This information shall appear in the Exchange of Letters between the Secretary-General/High Representative and the Permanent Representative of the Member State concerned, or the employer in the case of an international organisation.B. AllowancesArticle 12Subsistence allowance1. A national expert on detachment shall be entitled, throughout the period of detachment, to a daily subsistence allowance of EUR 104,03. This allowance shall be paid monthly. However, the Exchange of Letters referred to in Article 18(2) may stipulate that this allowance shall not be paid.2. The allowance shall also be payable for periods of mission, annual leave, special leave and holidays granted by the General Secretariat.3. The allowance shall be reduced by 75 % if the place of recruitment is less than 50 km from the place of employment.4. An advance payment shall be made to a national expert on detachment, when he takes up his duties, corresponding to the allowances to which he is entitled under paragraph 1 for the period from the day on which he takes up his duties to the last day of the second month following that in which he takes up his duties.Where such payment is made, there shall be no further entitlement to allowances for the corresponding period.Where a national expert on detachment definitively ends his employment with the General Secretariat before expiry of the period taken into account for the calculation of the advance payment, that portion of the advance payment made to the expert which corresponds to the period not spent in the General Secretariat's employment shall be recoverable.5. The subsistence payment to the national expert on detachment may be revised taking into account consumer price trends in Brussels.Article 13Additional flat-rate allowanceExcept where the place of recruitment of the national expert on detachment is less than 50 km from his place of employment, he shall, where appropriate, receive an additional flat-rate allowance equal to the difference between the gross annual salary (less family allowances) paid by his employer plus the subsistence allowance paid by the General Secretariat and the basic salary payable to an official in step 1 of Grade A 8 or step 1 of Grade B 5, depending on the category to which he is deemed to correspond.C. Reimbursement of expensesArticle 14Travel expenses1. If a national expert on detachment has not removed his personal effects from his place of recruitment to his place of employment, he shall be entitled for himself each month to the cost of a return journey from his place of employment to his place of recruitment. This payment shall be made at the end of each month or on the last day worked if the whole month is not worked. This flat-rate payment shall be based on the cost of the first-class rail fare where the single journey does not exceed 500 km. Where the journey exceeds 500 km or involves a sea crossing, payment shall be based on the reduced-price economy-class air fare (the lowest fare offered by the national companies serving the place of recruitment and the place of employment).2. The rate applied shall be that in force at the General Secretariat's travel office on 1 January of the current year. This rate shall be reviewed on 1 July in respect of journeys where the price has increased by more than 5 % since 1 January. Where a whole month is not worked, the amount shall be calculated in proportion to the number of days worked.3. If a national expert on detachment removes his personal effects from his place of recruitment to his place of employment, he shall be entitled each year for himself, his spouse and his dependent children to a flat-rate payment equal to the cost of a return journey from his place of employment to his place of recruitment in accordance with the rules and conditions in force at the General Secretariat.4. In accordance with the rules and conditions in force at the General Secretariat, a national expert on detachment shall be entitled to reimbursement of travel expenses:(a) for himself:- from his place of recruitment to his place of employment at the beginning of the period of detachment,- from his place of employment to his place of recruitment at the end of the period of detachment;(b) for his spouse and dependent children:- from the place of recruitment to the place of employment when removal takes place,- from the place of employment to the place of recruitment at the end of the period of detachment.5. For the purpose of this Decision, the place of recruitment shall be the place where the national expert on detachment performed his duties with his original employer prior to his detachment. The place of employment shall be the place in which the department to which he is assigned is located. The Exchange of Letters referred to in Article 18(2) shall specify these places.6. The Exchange of Letters referred to in Article 18(2) may specify that travel expenses shall not be borne by the General Secretariat.Article 15Removal expenses1. A national expert on detachment who is obliged to move his residence to his place of employment may remove his personal effects no later than six months after taking up duty provided that the probable period of detachment is at least one year and that the place of recruitment is at least 50 km from the place of employment.2. A national expert on detachment shall be entitled to reimbursement of the costs of removing his personal effects in accordance with the rules and conditions in force at the General Secretariat.3. Removal must take place within three months of the end of the period of detachment.4. The Exchange of Letters referred to in Article 18(2) may specify that removal expenses shall not be borne by the General Secretariat.Article 16Missions and mission expenses1. A national expert on detachment may be sent on mission in accordance with Article 3.2. Mission expenses shall be reimbursed in accordance with the rules and conditions relating to the reimbursement of mission expenses for officials in force at the General Secretariat.Article 17Adjustment of emoluments1. The emoluments to which a national expert on detachment is entitled shall not be revised during the period of detachment.2. However, the additional flat-rate allowance referred to in Article 13 shall be adjusted once a year, without retroactive effect, to take account of changes in the basic salaries of Community officials.CHAPTER VADMINISTRATIVE AND BUDGETARY PROVISIONSArticle 18Budgetary allocations and contracts1. Expenditure arising from the detachment of national experts shall be charged to budget heading 1113 of the Council budget.2. Detachment shall be implemented by an Exchange of Letters between the Secretary-General/High Representative and the Permanent Representative of the Member State concerned, or the employer in the case of an international organisation. The Exchange of Letters shall indicate the names of the individuals authorised to lay down the practical detailed arrangements for detachment under this Decision. Any letter extending, breaking or terminating the period of detachment shall also be sent by the Secretary-General/High Representative. A national expert on detachment shall present himself to the appropriate department of the Directorate-General for Administration and Protocol on the first day of his detachment to complete the relevant administrative formalities. He shall take up duty on the first of the month.Article 19Settlement of expenditurePayments shall be made by the appropriate department of the Directorate-General for Administration and Protocol, in euro into a bank account opened at a banking institution in Belgium.Article 20Expenditure on infrastructureExpenditure on the provision of working facilities (offices, furniture, machines, etc.) for national experts on detachment shall be charged to administrative appropriations.Article 21This Decision shall take effect on the day of its adoption.Article 22This Decision shall be published in the Official Journal.Done at Brussels, 22 December 2000.For the CouncilThe PresidentC. Pierret


Important legal notice

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E1999C0429(02)

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

Official Journal C 117 , 29/04/1999 P. 0006 - 0006

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) of Protocol 3 to the Surveillance and Court AgreementEFTA Surveillance Authority decision not to raise objections(1999/C 117/06)Date of adoption: 16.12.1998EFTA State: NorwayAid No: 98-016Title: Alteration and prolongation of higher aid intensities for regional aid schemes in Inner Finnmark - Restructuring of traditional Sami activitiesObjective: Aid for regional developmentLegal basis: - Regulation concerning the delimitation of the target area for regional development, approved by Royal decree dated April 1998- Circular letter H-8/95 "Om de bedriftsrettede distriktspolitiske virkemidlene under Statens Nærings- og distriktsutviklingsfond og fylkeskommunene"Aid intensity: Investment grants up to 50 % gross, and grants for the development of business and industry up to 75 %Amount of aid: NADuration: From 1 January 1999 until 31 December 1999


Avis juridique important

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32002D0367

2002/367/EC: Council Decision of 7 May 2002 appointing a Spanish alternate member of the Committee of the Regions

Official Journal L 133 , 18/05/2002 P. 0021 - 0021

Council Decisionof 7 May 2002appointing a Spanish alternate member of the Committee of the Regions(2002/367/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the Council Decision of 22 January 2002(1) appointing the members and alternate members of the Committee of the Regions,Whereas a seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Bustillo NAVIA-OSORIO, alternate member, notified to the Council on 20 February 2002;Having regard to the proposal from the Spanish Government,HAS DECIDED AS FOLLOWS:Sole ArticleMs María Dolores ALARCÓN MARTÍNEZ is hereby appointed an alternate member of the Committee of the Regions in place of Mr Bustillo NAVIA-OSORIO for the remainder of his term of office, which runs until 25 January 2006.Done at Brussels, 7 May 2002.For the CouncilThe PresidentR. De Rato Y Figaredo(1) OJ L 24, 26.1.2002, p. 38.


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32000D0156

2000/156/EC: Council Decision of 14 February 2000 appointing French alternate members of the Committee of the Regions

Official Journal L 051 , 24/02/2000 P. 0025 - 0025

COUNCIL DECISIONof 14 February 2000appointing French alternate members of the Committee of the Regions(2000/156/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the Council Decision of 26 January 1998(1) appointing the members and alternate members of the Committee of the Regions,Whereas:Seats as alternate members of the Committee of the Regions have become vacant following the resignation of Mr Michel Barnier and Ms Margie Sudre, notified to the Council on 10 January 2000 and 8 September 1999 respectively.Having regard to the proposal from the French Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr Claude Girard and Mr Adrien Zeller are hereby appointed as alternate members of the Committee of the Regions in place of Mr Michel Barnier and Ms Margie Sudre, for the remainder of their term of office, which runs until 25 January 2002.Done at Brussels, 14 February 2000.For the CouncilThe PresidentJ. GAMA(1) OJ L 28, 4.2.1998, p. 19.


title: 2013/543/EU, Euratom: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the Trans-European Transport Network Executive Agency for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/114

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on discharge in respect of the implementation of the budget of the Trans-European Transport Network Executive Agency for the financial year 2011
   (2013/543/EU, Euratom)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2011 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2011 (COM(2012) 436 — C7-0224/2012) (2),

               —

               having regard to the annual accounts of the Trans-European Transport Network Executive Agency for the financial year 2011,

               —

               having regard to the Commission’s report on the follow-up to the discharge for the 2010 financial year (COM(2012) 585), and to the Commission staff working documents accompanying that report (SWD(2012) 340 and SWD(2012) 330),

               —

               having regard to the Commission’s annual report to the discharge authority on internal audits carried out in 2011 (COM(2012) 563), and to the Commission staff working document accompanying that report (SWD(2012) 283),

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Trans-European Transport Network Executive Agency for the financial year 2011, together with the Agency’s replies (3),

               —

               having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2011 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 12 February 2013 on discharge to be given to the executive agencies in respect of the implementation of the budget for the financial year 2011 (05754/2013 — C7-0039/2013),

               —

               having regard to Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union and Article 106a of the Euratom Treaty,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 55, 145, 146 and 147 thereof,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (6), and in particular Articles 62, 164, 165 and 166 thereof,

               —

               having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (7), and in particular Article 14(3) thereof,

               —

               having regard to Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (8), and in particular the first and second paragraphs of Article 66 thereof,

               —

               having regard to Commission Decision 2007/60/EC of 26 October 2006 establishing the Trans-European Transport Network Executive Agency pursuant to Council Regulation (EC) No 58/2003 (9),

               —

               having regard to Rule 76 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A7-0116/2013),

               A.

               whereas under Article 17(1) of the Treaty on European Union the Commission shall execute the budget and manage programmes and shall do so, under Article 317 of the Treaty on the Functioning of the European Union in cooperation with the Member States on its own responsibility, having regard to the principle of sound financial management,

               1.

               Grants the Director of the Trans-European Transport Network Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2011;

               2.

               Sets out its observations in the resolution that forms an integral part of its Decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2011, Section III — Commission and executive agencies;

               3.

               Instructs its President to forward this Decision, together with its Decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2011, Section III — Commission and the resolution that forms an integral part of those Decisions, to the Director of the Trans-European Transport Network Executive Agency, the Council, the Commission, the Court of Justice of the European Union and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 68, 15.3.2011.

      (2)  OJ C 348, 14.11.2012, p. 1.

      (3)  OJ C 388, 15.12.2012, p. 232.

      (4)  OJ C 348, 14.11.2012, p. 130.

      (5)  OJ L 248, 16.9.2002, p. 1.

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

      (7)  OJ L 11, 16.1.2003, p. 1.

      (8)  OJ L 297, 22.9.2004, p. 6.

      (9)  OJ L 32, 6.2.2007, p. 88.


title: 2012/8/EU: Council Decision of 14 December 2011 establishing the position to be taken by the European Union within the Ministerial Conference of the World Trade Organisation as regards a request for granting a waiver in order to give preferential treatment to services and service suppliers of least-developed countries

text:
               7.1.2012

               EN

               Official Journal of the European Union

               L 4/16

         COUNCIL DECISION
   of 14 December 2011
   establishing the position to be taken by the European Union within the Ministerial Conference of the World Trade Organisation as regards a request for granting a waiver in order to give preferential treatment to services and service suppliers of least-developed countries
   (2012/8/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular of Articles 91, 100 and the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article IX of the Marrakesh Agreement establishing the World Trade Organisation (WTO) sets out the procedures for the granting of waivers concerning the Multilateral Trade Agreements in Annex 1A or 1B or 1C to that Agreement and their annexes.

               (2)

               A waiver has been requested whereby WTO Members would be enabled to grant preferential treatment to services and service suppliers of least-developed countries without according the same treatment to like services and service suppliers of all other WTO Members by exceptionally derogating from the obligation under paragraph 1 of Article II of the General Agreement on Trade in Services.

               (3)

               It is in the interest of the European Union to give its support to that request for a waiver and thus to conclude a part of the Doha Development Agenda negotiations on services which is of special interest to least-developed country Members,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position of the Union within the Ministerial Conference of the WTO shall be to support the request under paragraph 3 of Article IX of the Marrakesh Agreement establishing the World Trade Organisation for a waiver enabling WTO Members to grant preferential treatment to services and service suppliers of least-developed countries.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Geneva, 14 December 2011.

            For the Council

            The President

         M. NOGAJ


European Parliament decision on the numerical strength of committees


Avis juridique important

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42001D0823

2001/823/EC: Decision of the Representatives of the Governments of the Member States meeting within the Council of 27 November 2001 concerning the taxation of savings in Caribbean dependent or associated territories

Official Journal L 314 , 30/11/2001 P. 0078 - 0078

Decision of the Representatives of the Governments of the Member States meeting within the Councilof 27 November 2001concerning the taxation of savings in Caribbean dependent or associated territories(2001/823/EC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES, MEETING WITHIN THE COUNCIL,Having regard to the Conclusions of the European Council in Santa Maria da Feira of 19 and 20 June 2000, and in particular Annex IV paragraph 2(c) thereof,HAVE DECIDED AS FOLLOWS:Sole ArticleThe Member States concerned commit themselves to promote the adoption in all the Caribbean dependent or associated territories referred to in Annex IA of Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community(1) of the same measures that the Member States adopt and implement under any Community rules to be adopted on the taxation of savings.Done at Brussels, 27 November 2001.The PresidentA. Neyts-Uyttebroeck(1) See page 1 of this Official Journal.


Avis juridique important

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31982D0739

82/739/EEC: Council Decision of 26 October 1982 under the Treaties, concerning fishery activities in waters under the sovereignty or jurisdiction of Member States taken on a temporary basis pending the adoption of permanent Community measures

Official Journal L 312 , 09/11/1982 P. 0017 - 0017

*****COUNCIL  DECISION  of 26 October 1982  under the Treaties, concerning fishery activities in waters under the sovereignty or jurisdiction of Member States taken on a temporary basis pending the adoption of permanent Community measures  (82/739/EEC)  The Council refers to its declaration of 30 May 1980 on the common fisheries policy (1).  Pending a decision in this area and bearing in mind the Community's exclusive competence in the matter and the obligations on the Member States as defined by the Court of Justice, the Council has decided as follows:  From 1 November 1982 pending a Council decision or until 30 November 1982, whichever is the earlier, the Member States shall conduct their fishing activities in accordance with the usual seasonal cycles, taking into account the TACs proposed by the Commission on 21 June 1982, as amended on 29 June, 21 July and 27 August 1982, and the portion of those TACs which remains available to the Community bearing in mind its commitments to third countries.  Done at Luxembourg, 26 October 1982.  For the Council  The President  H. CHRISTOPHERSEN  (1) OJ No C 158, 27. 6. 1980, p. 2.