title: Council Decision of 22 January 2008 appointing the members of the Scientific and Technical Committee

text:
               26.1.2008

               EN

               Official Journal of the European Union

               C 21/2

      COUNCIL DECISION

   of 22 January 2008
   appointing the members of the Scientific and Technical Committee
   (2008/C 21/02)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 134 thereof,
   Having regard to the opinion of the Commission,
   Whereas:

               (1)

               By its Decision of 25 November 2004 (1), the Council appointed the members of the Scientific and Technical Committee for the period 1 May 2004 to 30 April 2009. However, by virtue of Article 51(2) of the Act concerning the conditions of accession (2), the membership of the Committee should be completely renewed. Therefore, new members should be appointed.

               (2)

               In order to allow the Scientific and Technical Committee to make full use of the wide range of expertise required in fulfilling its tasks, the Committee may, subject to its internal rules, call on alternates to the members to participate in its meetings,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following are hereby appointed members of the Scientific and Technical Committee for the period of 22 January 2008 to 22 January 2013:

               Bertrand BARRE

               Jānis BĒRZIŅŠ

               Sten BJURSTRÖM

               Michel BOURGUIGNON

               Frank BRISCOE

               Michel CHATELIER

               Pavel CHRÁSKA

               Maurizio CUMO

               Panicos DEMETRIADES

               Daniela DIACONU

               Alan DUNCAN

               Sue ION

               Leonidas KAMARINOPOULOS

               Michael KAUFMANN

               Jørgen KJEMS

               Latchezar Krumov KOSTOV

               Zdeněk KŘÍŽ

               Walter KUTSCHERA

               Peter LÍŠKA

               Carlo LOMBARDI

               José María MARTÍNEZ-VAL PEÑALOSA

               Júlio Martins MONTALVÃO E SILVA

               Jerzy Wiktor NIEWODNICZAŃSKI

               Tom O'FLAHERTY

               Enn REALO

               Francesco ROMANELLI

               Juan Antonio RUBIO RODRIGUEZ

               Michael SAILER

               Rainer SALOMAA

               Jean-Paul SAMAIN

               Edouard SINNER

               Borut SMODIŠ

               Zoltán SZATMÁRY

               Ioan URSU

               Eugenijus USPURAS

               Theofiel VAN RENTERGEM

               Carlos VARANDAS

               Adrianus H. M. VERKOOIJEN

               Andreas M. VERSTEEGH

               Hans-Josef ZIMMER

               Sándor ZOLETNIK

      Done at Brussels, 22 January 2008.

            For the Council

            The President

         A. BAJUK

      (1)  OJ C 311, 16.12.2004, p. 3.

      (2)  OJ L 157, 21.6.2005, p. 203.


title: 2013/553/EU: Decision of the European Parliament of 17 April 2013 on the closure of the accounts of the Eighth, Ninth and Tenth European Development Funds for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/159

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on the closure of the accounts of the Eighth, Ninth and Tenth European Development Funds for the financial year 2011
   (2013/553/EU)
   THE EUROPEAN PARLIAMENT,

               —

               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) 330 and SWD(2012) 340),

               —

               having regard to the financial statements and revenue and expenditure accounts for the Eighth, Ninth and Tenth European Development Funds for the financial year 2011 (COM(2012) 435 — C7-0223/2012),

               —

               having regard to the Commission’s Annual Report of 26 April 2012 on the financial management of the Eight, Ninth and Tenth European Development Funds in 2011,

               —

               having regard to the financial information on the European Development Funds (COM(2012) 386),

               —

               having regard to the Court of Auditors’ annual report on the activities funded by the Eighth, Ninth and Tenth European Development Funds concerning the financial year 2011, together with the Commission’s replies (1) and to the Court of Auditors’ special reports,

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the Financial year 2011 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendations of 4 February 2013 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Funds for the financial year 2011 (05190/2012 — C7-0083/2013, 05191/2012 — C7-0084/2013, 05192/2012 — C7-0085/2013),

               —

               having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (3) and revised in Luxembourg on 25 June 2005 (4),

               —

               having regard to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (‘Overseas Association Decision’) (5), amended by Council Decision 2007/249/EC (6),

               —

               having regard to Article 33 of the Internal Agreement of 20 December 1995 between the representatives of the governments of the Member States, meeting within the Council, on the financing and administration of the Community aid under the Second Financial Protocol to the fourth ACP-EC Convention (7),

               —

               having regard to Article 32 of the Internal Agreement of 18 September 2000 between Representatives of the Governments of the Member States, meeting within the Council, on the financing and administration of Community aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000, and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (8),

               —

               having regard to Commission’s communications of 21 April 2010 on ‘Tax and Development — Cooperating with Developing Countries on Promoting Good Governance in Tax Matters’ and of 13 October 2011 on ‘The Future Approach to EU Budget Support to Third Countries’,

               —

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

               —

               having regard to Article 74 of the Financial Regulation of 16 June 1998 applicable to development finance cooperation under the fourth ACP-EC Convention (9),

               —

               having regard to Article 119 of the Financial Regulation of 27 March 2003 applicable to the 9th European Development Fund (10),

               —

               having regard to Article 142 of Council Regulation (EC) No 215/2008 of 18 February 2008 on the Financial Regulation applicable to the 10th European Development Fund (11),

               —

               having regard to Rules 76 and 77, third indent of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development (A7-0062/2013),

               1.

               Notes that the final annual accounts of the Eighth, Ninth and Tenth European Development Funds are as shown in Table 2 of the Court of Auditors’ annual report;

               2.

               Approves the closure of the accounts of the Eighth, Ninth and Tenth European Development Funds for the financial year 2011;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 344, 12.11.2012, p. 243.

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

      (3)  OJ L 317, 15.12.2000, p. 3.

      (4)  OJ L 287, 28.10.2005, p. 4.

      (5)  OJ L 314, 30.11.2001, p. 1 and OJ L 324, 7.12.2001, p. 1.

      (6)  OJ L 109, 26.4.2007, p. 33.

      (7)  OJ L 156, 29.5.1998, p. 108.

      (8)  OJ L 317, 15.12.2000, p. 355.

      (9)  OJ L 191, 7.7.1998, p. 53.

      (10)  OJ L 83, 1.4.2003, p. 1.

      (11)  OJ L 78, 19.3.2008, p. 1.


title: Decision (EU, Euratom) 2016/1603 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/438

         DECISION (EU, EURATOM) 2016/1603 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on discharge in respect of the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2014 together with the Joint Undertaking’s reply (1),

               —

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

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Joint Undertaking in respect of the implementation of the budget for the financial year 2014 (05587/2016 – C8-0052/2016),

               —

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

               —

               having regard to Article 106a of the Treaty establishing the European Atomic Energy Community,

               —

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

               —

               having regard to Council Decision 2007/198/Euratom of 27 March 2007 establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it (4), and in particular Article 5(3) thereof,

               —

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

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A8-0097/2016),

               1.

               Postpones its decision on granting the Director of the European Joint Undertaking for ITER and the Development of Fusion Energy discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2014;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution forming an integral part of it to the Director of the European Joint Undertaking for ITER and the Development of Fusion Energy, the Council, the Commission 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 C 422, 17.12.2015, p. 33.

      (2)  OJ C 422, 17.12.2015, p. 34.

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

      (4)  OJ L 90, 30.3.2007, p. 58.

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

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


title: Council Decision (EU) 2015/1734 of 18 September 2015 establishing the position to be adopted on behalf of the European Union at the 12th General Assembly of the Intergovernmental Organisation for International Carriage by Rail (OTIF) as regards certain amendments to the Convention concerning International Carriage by Rail (COTIF) and to its Appendices

text:
               29.9.2015

               EN

               Official Journal of the European Union

               L 252/43

         COUNCIL DECISION (EU) 2015/1734
   of 18 September 2015
   establishing the position to be adopted on behalf of the European Union at the 12th General Assembly of the Intergovernmental Organisation for International Carriage by Rail (OTIF) as regards certain amendments to the Convention concerning International Carriage by Rail (COTIF) and to its Appendices
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91 in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Union acceded to the Convention concerning International Carriage by Rail of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999 (‘COTIF Convention’), by virtue of Council Decision 2013/103/EU (1).

               (2)

               All Member States, with the exception of Cyprus and Malta are contracting parties to and apply the COTIF Convention.

               (3)

               The General Assembly set up in accordance with point (a) of Article 13§ 1of the COTIF Convention (‘General Assembly’), at its 12th session due to take place from 29 to 30 September 2015, is expected to decide upon certain amendments to the COTIF Convention as well as to its Appendices D (Uniform Rules concerning Contracts of Use of Vehicles in International Rail Traffic — CUV), F (Uniform Rules concerning the Validation of Technical Standards and the Adoption of Uniform Technical Prescriptions applicable to Railway Material intended to be used in International Traffic — APTU) and G (Uniform Rules concerning the Technical Admission of Railway Material used in International Traffic — ATMF).

               (4)

               The position of the Union on certain items should be adopted under Article 218(9) of the Treaty, since the decisions on those amendments to be taken by the General Assembly are acts having legal effects and their subject matter falls under Union competence.

               (5)

               The amendments to the COTIF Convention have the objectives of updating the tasks of the Committee of Technical Experts and a reference to the definition of ‘keeper’ in line with Union law, and of modifying certain rules concerning the financing, auditing, and reporting of the Intergovernmental Organisation for International Carriage by Rail (OTIF), as well as certain minor administrative changes.

               (6)

               The amendments to Appendix D (CUV) presented by the Secretary-General of OTIF have the objective of clarifying the roles of the keeper and the entity in charge of maintenance in the contracts of use of vehicles in international rail traffic.

               (7)

               The amendments to Appendices F (APTU) and G (ATMF) aim at clarifying their scope by the deletion of the reference to ‘other railway material’.

               (8)

               The amendments to Appendices D (CUV), F (APTU) and G (ATMF) to the COTIF Convention, as well as certain amendments to the COTIF Convention itself fall under Union competence and are in line with the law and with the strategic objectives of the Union, and should therefore be supported by the Union.

               (9)

               The position of the Union at the 12th General Assembly should therefore be based on the Annex to this Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The position to be adopted on behalf of the European Union at the 12th General Assembly in the framework of the COTIF Convention shall be in accordance with the Annex to this Decision.
   2.   Minor changes to the documents mentioned in the Annex to this Decision may be agreed upon by the representatives of the Union in the General Assembly without further decision of the Council.
   Article 2
   The Decisions of the 12th General Assembly, once adopted, shall be published in the Official Journal of the European Union, indicating their entry into force.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 18 September 2015.

            For the Council

            The President

         C. DIESCHBOURG

      (1)  Council Decision 2013/103/EU of 16 June 2011 on the signing and conclusion of the Agreement between the European Union and the Intergovernmental Organisation for International Carriage by Rail on the Accession of the European Union to the Convention concerning International Carriage by Rail (COTIF) of 9 May 1980, as amended by the Vilnius Protocol of 3 June 1999 (OJ L 51, 23.2.2013, p. 1).

      ANNEX
      1.   Referenced documents
      Documents concerning the revision of COTIF and of its Appendices are available on the website of OTIF:
      http://www.otif.org/en/law/general-assembly/working-documents-concerning-revision-of-cotif.html.
      2.   Comments and positions on the agenda items

         Item 1. Election of the Chairman and Vice-Chairmen

      Document: none.
      Exercising voting rights: MS.
      Coordinated position: none.

         Item 2. Adoption of the agenda

      Documents: AG 12/2, AG 12/2 Add.1.
      Exercising voting rights: MS.
      Coordinated position: none.

         Item 3. Formation of the Credentials Committee

      Document: none.
      Exercising voting rights: MS.
      Coordinated position: none.

         Item 4. Organisation of the work and designation of any Committees considered necessary

      Document: none.
      Exercising voting rights: MS.
      Coordinated position: none.

         Item 5. Election of a Secretary-General for the period from 1 January 2016 to 31 December 2018

      Documents: AG 12/5, AG 12/5.1, AG 12/5.2.
      Exercising voting rights: MS.
      Coordinated position: none.
      Both candidates for the post are from EU Member States (Austria and France).

         Item 6. Members of OTIF — general situation

      Document: AG 12/6.
      Exercising voting rights: not applicable.
      Coordinated position: none.

         Item 7. Budget framework

      Documents: AG 12/7.1, AG 12/7.2.
      Exercising voting rights: MS.
      Coordinated position: none.

         Item 8. Partial revision of COTIF — Basic Convention

      Documents: AG 12/8, AG 12/8 Add. 1, AG 12/8 Add. 2.
      Exercising voting rights: MS.
      Coordinated position:

                  Amendments for Article 3 (International cooperation) to be supported (editorial change to replace the reference to the ‘European Communities’ with a reference to the ‘European Union’).

                  Amendments for Article 12 (Execution of judgements. Attachment) to be supported as it amends the definition of ‘keeper’ in line with EU law.

                  Amendments for Article 20 (Committee of Technical Experts) to be supported as they are necessary to update the Uniform Rules APTU and ATMF in order to keep them in line with EU law.

            Other amendments: no EU position.

         Item 9. Partial Revision of Appendix B (CIM UR)

      Document: AG 12/9.
      Exercising voting rights: MS.
      Coordinated position: to take note of the Secretary-General's report on the progress and continuation of the work on revising this Appendix.

         Item 10. Partial revision of Appendix D (CUV UR)

      Documents: AG 12/10, AG 12/10 Add. 1, AG 12/10 Add. 2, AG 12/10 Add. 3.
      Exercising voting rights: EU.
      Coordinated position:

                  Amendments to Article 9 and to the Explanatory Report to be supported, in line with the EU position represented at the 25th session of the Revision Committee of OTIF (1), as they clarify the roles of the keeper and of the entity in charge of maintenance in line with EU law.

                  The new Article 1a proposed by Germany in document AG 12/10 Add. 3 was discussed and supported by an EU working group of representatives of Member States and of the railway sector which met on 26 November 2014. A similar provision also exists in CIM (Article 2 — Prescriptions of public law). Thus, this proposal is to be supported as well.

         Item 11. Partial revision of Appendix F (APTU UR)

      Document: AG 12/11.
      Exercising voting rights: EU.
      Coordinated position: amendment to Article 3 aimed at the clarification of the scope by the deletion of ‘other railway material’ and the relevant modification of the Explanatory Report to be supported.

         Item 12. Revision of Appendix G (ATMF UR)

      Document: AG 12/12.
      Exercising voting rights: EU.
      Coordinated position: amendments to Articles 1 and 3 aimed at the clarification of the scope by the deletion of ‘other railway material’ and the relevant modification of the Explanatory Report to be supported.

         Item 13. Revised and consolidated Explanatory Report

      Documents: AG 12/13, AG 12/13 Add.1-10.
      Exercising voting rights: MS.
      Coordinated position: to note the revised and consolidated Explanatory Report and to mandate the Secretary-General to include the explanations adopted by this General Assembly which relate to the amendments to COTIF and its Appendices adopted by this General Assembly. However, the phrase ‘… apply to the activities of the ECM, or …’ is to be deleted in the explanations on Article 3a, 10, second sentence. Furthermore, in the German version the explanations on Article 15, 1, second sentence should be amended as follows:

         ‘In Übereinstimmung mit den gängigen Verfahren verschiedener Vertragsstaaten und zur expliziteren Klarstellung der Pflichten des Halters, obliegt dem Halter die Verpflichtung, den ihm zugeordneten Fahrzeugen eine ECM zuzuweisen.’

         Item 14. Unified Railway Law

      Document: AG 12/14.
      Exercising voting rights: MS.
      Coordinated position: none.

         Item 15. Report on the activities of the Administrative Committee in the period between 1 October 2012 and 30 September 2015

      Document: AG 12/15.
      Exercising voting rights: MS.
      Coordinated position: none.

         Item 16. Election of the Administrative Committee for the period between 1 October 2015 and 30 September 2018 (composition and chair)

      Document: AG 12/16.
      Exercising voting rights: MS.
      Coordinated position: none.

         Item 17. Provisional date of the 13th General Assembly

      Document: none.
      Exercising voting rights: not applicable.
      Coordinated position: none.

         Item 18. Any other business

      Document: not available.
      Exercising voting rights: to be decided (‘tbd’) on the spot if necessary.
      Coordinated position: tbd on the spot if necessary.

         Item 19. Any General Assembly mandates

      Document: not available.
      Exercising voting rights: tbd on the spot if necessary.
      Coordinated position: tbd on the spot if necessary.

         Item 20. Committee reports, if necessary

      Document: not available.
      Exercising voting rights: tbd on the spot if necessary.
      Coordinated position: tbd on the spot if necessary.

         Item 21. Adoption of decisions, mandates, recommendations and other General Assembly documents (final document)

      Document: not available.
      Exercising voting rights: MS.
      Coordinated position: tbd on the spot.

         (1)  Council Decision of 24 June 2014 establishing the position to be adopted on behalf of the European Union at the 25th session of the OTIF Revision Committee as regards certain amendments to the Convention concerning International Carriage by Rail (COTIF) and to the Appendices thereto (2014/699/EU) (OJ L 293, 9.10.2014, p. 26).


title: Council Decision of 26 June 2015 adopting the Council’s position on draft amending budget No 1 of the European Union for the financial year 2015 accompanying the proposal for a Regulation of the European Parliament and of the Council on the European Fund for Strategic Investment (EFSI Regulation) and amending Regulations (EU) No 1291/2013 and (EU) No 1316/2013

text:
               30.6.2015

               EN

               Official Journal of the European Union

               C 214/2

         COUNCIL DECISION
   of 26 June 2015
   adopting the Council’s position on draft amending budget No 1 of the European Union for the financial year 2015 accompanying the proposal for a Regulation of the European Parliament and of the Council on the European Fund for Strategic Investment (EFSI Regulation) and amending Regulations (EU) No 1291/2013 and (EU) No 1316/2013
   (2015/C 214/02)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a 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 (1) and in particular Article 41 thereof,
   Whereas:

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Council’s position on draft amending budget No 1 of the European Union for the financial year 2015 was adopted on 26 June 2015.
   The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/

      Done at Brussels, 26 June 2015.

            For the Council

            The President

         E. RINKĒVIČS

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

      (2)  OJ L 69, 13.3.2015, p. 1.


title: Commission Decision (EU) 2016/2003 of 14 November 2016 amending Decisions 2009/300/EC, 2011/263/EU, 2011/264/EU, 2011/382/EU, 2011/383/EU, 2012/720/EU and 2012/721/EU in order to prolong the period of validity of the ecological criteria for the award of the EU Ecolabel to certain products (notified under document C(2016) 7218) (Text with EEA relevance )

text:
               16.11.2016

               EN

               Official Journal of the European Union

               L 308/59

         COMMISSION DECISION (EU) 2016/2003
   of 14 November 2016
   amending Decisions 2009/300/EC, 2011/263/EU, 2011/264/EU, 2011/382/EU, 2011/383/EU, 2012/720/EU and 2012/721/EU in order to prolong the period of validity of the ecological criteria for the award of the EU Ecolabel to certain products

         (notified under document C(2016) 7218)

   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (1), and in particular Article 8(3)(c) thereof,
   After consulting the European Union Eco-Labelling Board,
   Whereas:

               (1)

               Commission Decision 2009/300/EC (2) expires on 31 December 2016.

               (2)

               Commission Decision 2011/263/EU (3) expires on 31 December 2016.

               (3)

               Commission Decision 2011/264/EU (4) expires on 31 December 2016.

               (4)

               Commission Decision 2011/382/EU (5) expires on 31 December 2016.

               (5)

               Commission Decision 2011/383/EU (6) expires on 31 December 2016.

               (6)

               Commission Decision 2012/720/EU (7) expires on 14 November 2016.

               (7)

               Commission Decision 2012/721/EU (8) expires on 14 November 2016.

               (8)

               An assessment has been carried out confirming the relevance and appropriateness of the current ecological criteria, as well as of the related assessment and verification requirements, established by Decisions 2009/300/EC, 2011/263/EU, 2011/264/EU, 2011/382/EU, 2011/383/EU, 2012/720/EU and 2012/721/EU. As a new revision of the current ecological criteria and the related assessment and verification requirements set out in those Decisions has still not been finalised, it is appropriate to prolong the periods of validity of those ecological criteria and those related assessment and verification requirements until 31 December 2017. Decisions 2009/300/EC, 2011/263/EU, 2011/264/EU, 2011/382/EU, 2011/383/EU, 2012/720/EU and 2012/721/EU should therefore be amended accordingly.

               (9)

               The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 16 of Regulation (EC) No 66/2010,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 3 of Decision 2009/300/EC is replaced by the following:

      ‘Article 3
      The ecological criteria for the product group “televisions” and the related assessment and verification requirements, shall be valid until 31 December 2017.’

   Article 2
   Article 4 of Decision 2011/263/EU is replaced by the following:

      ‘Article 4
      The ecological criteria for the product group “detergents for dishwashers” and the related assessment and verification requirements shall be valid until 31 December 2017.’

   Article 3
   Article 4 of Decision 2011/264/EU is replaced by the following:

      ‘Article 4
      The ecological criteria for the product group “laundry detergents” and the related assessment and verification requirements shall be valid until 31 December 2017.’

   Article 4
   Article 4 of Decision 2011/382/EU is replaced by the following:

      ‘Article 4
      The ecological criteria for the product group “hand dishwashing detergents” and the related assessment and verification requirements shall be valid until 31 December 2017.’

   Article 5
   Article 4 of Decision 2011/383/EU is replaced by the following:

      ‘Article 4
      The ecological criteria for the product group “all-purpose cleaners and sanitary cleaners” and the related assessment and verification requirements, shall be valid until 31 December 2017.’

   Article 6
   Article 3 of Decision 2012/720/EU is replaced by the following:

      ‘Article 3
      The ecological criteria for the product group “industrial and institutional automatic dishwasher detergents” and the related assessment and verification requirements shall be valid until 31 December 2017.’

   Article 7
   Article 3 of Decision 2012/721/EU is replaced by the following:

      ‘Article 3
      The ecological criteria for the product group “industrial and institutional laundry detergents” and the related assessment and verification requirements shall be valid until 31 December 2017.’

   Article 8
   This Decision is addressed to the Member States.

      Done at Brussels, 14 November 2016.

            For the Commission

         Karmenu VELLA

            Member of the Commission

      (1)  OJ L 27, 30.1.2010, p. 1.

      (2)  Commission Decision 2009/300/EC of 12 March 2009 establishing the revised ecological criteria for the award of the Community Eco-label to televisions (OJ L 82, 28.3.2009, p. 3).

      (3)  Commission Decision 2011/263/EU of 28 April 2011 on establishing the ecological criteria for the award of the EU Ecolabel to detergents for dishwashers (OJ L 111, 30.4.2011, p. 22).

      (4)  Commission Decision 2011/264/EU of 28 April 2011 on establishing the ecological criteria for the award of the EU Ecolabel for laundry detergents (OJ L 111, 30.4.2011, p. 34).

      (5)  Commission Decision 2011/382/EU of 24 June 2011 on establishing the ecological criteria for the award of the EU Ecolabel to hand dishwashing detergents (OJ L 169, 29.6.2011, p. 40).

      (6)  Commission Decision 2011/383/EU of 28 June 2011 on establishing the ecological criteria for the award of the EU Ecolabel to all-purpose cleaners and sanitary cleaners (OJ L 169, 29.6.2011, p. 52).

      (7)  Commission Decision 2012/720/EU of 14 November 2012 establishing the ecological criteria for the award of the EU Ecolabel for Industrial and Institutional Automatic Dishwasher Detergents (OJ L 326, 24.11.2012, p. 25).

      (8)  Commission Decision 2012/721/EU of 14 November 2012 establishing the ecological criteria for the award of the EU Ecolabel for Industrial and Institutional Laundry Detergents (OJ L 326, 24.11.2012, p. 38).


title: Council Decision (EU) 2016/1234 of 26 July 2016 appointing two alternate members, proposed by the Italian Republic of the Committee of the Regions

text:
               28.7.2016

               EN

               Official Journal of the European Union

               L 202/42

         COUNCIL DECISION (EU) 2016/1234
   of 26 July 2016
   appointing two alternate members, proposed by the Italian Republic of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Italian Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               Two alternate members' seats on the Committee of the Regions have become vacant following the end of the mandates on the basis of which Mr Carlo FIDANZA (Assessore di Veleso (CO)) and Mr Giuseppe VARACALLI (Sindaco del Comune di Gerace (RC)) were proposed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed as alternate members of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Sig. Carlo FIDANZA, Consigliere del Comune di Rosazza (BI) (change of mandate),

               —

               Sig. Giuseppe VARACALLI, Consigliere del Comune di Gerace (RC) (change of mandate).

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

      Done at Brussels, 26 July 2016.

            For the Council

            The President

         M. LAJČÁK

      (1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

      (2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

      (3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).


Avis juridique important

|

31992D0541

92/541/EEC, Euratom: Council Decision of 18 November 1992 appointing a member of Economic and Social Committee

Official Journal L 351 , 02/12/1992 P. 0028 - 0028

COUNCIL DECISION  of 18 November 1992  appointing a member of Economic and Social Committee  (92/541/EEC, Euratom)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European conomic Community, and in particular Articles 193 to 195 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 165 to 167 thereof,  Having regard to the Convention on certain Institutions common to the European Communities, and in particular Article 5 thereof,  Having regard to the Council Decision of 24 September 1990 appointing the members of the Economic and Social Committee for the period ending on 20 September 1994 (1),  Whereas a seat has become vacant on the Economic and Social Committee following the death of Mr Pedro Vidal, notified to the Council on 30 June 1992;  Having regard to the nominations submitted by the Portuguese Government on 24 September 1992,  Having obtained the opinion of the Commission of the European Communites,  HAS DECIDED AS FOLLOWS:  Sole Article  Mr Maria Luísa Freire de Andrade Santiago is hereby appointed member of the Economic and Social Committee in place of Mr Pedro Vidal for the remainder of his term of office, which runs until 20 September 1994. Done at Brussels, 18 November  1992. For the Council  The President  CHALKER OF WALLASEY   (1) OJ No L 290, 23. 10. 1990, p. 13.


Avis juridique important

|

31998D0297

98/297/EC, Euratom: Council Decision of 27 April 1998 appointing a member of the Economic and Social Committee

Official Journal L 133 , 07/05/1998 P. 0021 - 0021

COUNCIL DECISION of 27 April 1998 appointing a member of the Economic and Social Committee (98/297/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 194 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 166 thereof,Having regard to the Council Decision of 26 September 1994 appointing the members of the Economic and Social Committee for the period up to 20 September 1998 (1),Whereas a seat as a member of that Committee has fallen vacant following the resignation of Mr Antoon Stokkers;Having regard to the nominations submitted by the Netherlands Government,Having obtained the opinion of the Commission of the European Communities,HAS DECIDED AS FOLLOWS:Sole Article Mr A. A. Jaarsma is hereby appointed a member of the Economic and Social Committee in place of Mr Antoon Stokkers, for the remainder of the latter's term of office, which runs until 20 September 1998.Done at Luxembourg, 27 April 1998.For the CouncilThe PresidentR. COOK(1) OJ L 257, 5. 10. 1994, p. 20.


title: Commission Decision (EU) 2017/1441 of 30 June 2017 on the aid scheme notified by Poland entitled ‘Aid scheme for milk producers’ SA.45447 (2016/C) (ex 2016/N) (notified under document C(2017) 4359)

text:
               9.8.2017

               EN

               Official Journal of the European Union

               L 206/8

         COMMISSION DECISION (EU) 2017/1441
   of 30 June 2017
   on the aid scheme notified by Poland entitled ‘Aid scheme for milk producers’ SA.45447 (2016/C) (ex 2016/N)

         (notified under document C(2017) 4359)

   (Only the Polish text is authentic)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) thereof,
   Having called on interested parties to submit their comments pursuant to the provision cited above,
   Whereas:
   1.   PROCEDURE

               (1)

               By letter of 23 May 2016, Poland notified, in accordance with Article 108(3) TFEU, an aid scheme for milk producers (‘the aid scheme’).

               (2)

               Poland submitted additional information by letter of 1 June 2016. By letter of 11 July 2016, the Commission asked for additional information, which the Polish authorities provided in a letter of 15 July 2016.

               (3)

               By letter of 16 September 2016 (1) (‘the Opening Decision’), the Commission informed Poland that it had decided to initiate the procedure laid down in Article 108(2) TFEU in respect of the aid scheme. In the same letter, the Commission expressed doubts as to the compatibility of the aid scheme with the internal market.

               (4)

               By letter of 12 October 2016, Poland submitted information concerning the Opening Decision.

               (5)

               The Opening Decision was published in the Official Journal of the European Union
                   (2). The Commission invited interested parties to submit their comments within one month.

               (6)

               The Commission received no comments from interested parties and informed Poland thereof by letter of 13 January 2017.

               (7)

               By letters of 14 November 2016 and 13 January 2017, the Commission asked Poland for additional information. Poland replied to these letters by letter of 20 January 2017.

         2.   BACKGROUND

               (8)

               In the milk and milk products sector, the quantitative limitation of production (‘milk quota system’) had been an essential market policy instrument for many years. Introduced in 1984, it was extended several times, and most recently until 31 March 2015 by Council Regulation (EC) No 1234/2007 (3) (‘Single CMO Regulation’). The last quota year was therefore 2014/2015. The main purpose of the milk quota system consisted in reducing the imbalance between supply and demand on the respective market and the resulting structural surpluses, thereby achieving a better market equilibrium. A levy was applied to quantities of milk collected or sold for direct consumption above a certain guarantee threshold. The levy was payable by the Member States as soon as the national quota was exceeded. Member States had to pay to the European Agricultural Guarantee Fund (EAGF) the levy corresponding to the overrun of their national quota, reduced by a flat-rate amount of 1 % in order to take account of cases of bankruptcy or the definitive inability of certain producers to make their contribution to the payment of the levy due. The Member States then were obliged to divide the burden of payment among the producers who had contributed to the overrun. Those producers were liable vis-à-vis the concerned Member State for payment of their contribution to the levy due by virtue of the fact of having overrun their available quantity (4).

               (9)

               In the quota year 2014/2015, the national quota assigned to wholesale suppliers (milk producers) in Poland was exceeded by 580,3 million kg, making it necessary to pay a levy of PLN 659,8 million (approximately EUR 152,7 million) to the Union budget. Polish milk producers who overran their individual quotas were required to pay a levy for exceeding the milk quota at a rate of PLN 90,98 per 100 kg of overrun.

               (10)

               In March 2015, in a context of low prices for milk and financial difficulties in the milk sector, Commission Regulation (EC) No 595/2004 (5) was amended by Commission Implementing Regulation (EU) 2015/517 (6) in order to ease the financial burden for producers who had to pay a surplus levy related to the quota year 2014/2015.

               (11)

               On that basis, Poland adopted rules which allowed the concerned Polish milk producers to pay the levy for exceeding the milk quota in three instalments (7). The first instalment, accounting for at least one third of the levy due, was to be paid by those milk producers by 30 September 2015, with a further sum of at least one third of the total levy due to be paid by 30 September 2016. The balance of the levy due was to be settled by 30 September 2017. The systems for payment in instalments were applied in accordance with the conditions laid down in Commission Regulation (EU) No 1408/2013 (8).

               (12)

               As stated above in recital 1, on 23 May 2016, Poland notified to the Commission an aid scheme which would allow for write-off of the outstanding levy due (‘the levy due’) from milk producers for exceeding individual quotas in the quota year 2014/2015.

         3.   DESCRIPTION

               (13)

               The national legal base for the aid scheme is a Cabinet Resolution establishing an aid scheme for milk producers (9) (‘the Cabinet Resolution’) and the Public Finances Act (10).

               (14)

               Pursuant to the Cabinet Resolution, the Minister for Agriculture and Rural Development may, following an application from a milk producer, issue a decision granting a full or partial write-off of the levy due.

               (15)

               Pursuant to the Cabinet Resolution, aid may be granted to milk producers who:

                           (a)

                           are medium and small enterprises; and

                           (b)

                           in the quota year 2014/2015, placed on the market a quantity of milk or milk products that exceeded the individual quota available on a given day of the year, as per the situation as at 31 March 2015, and were required to pay the levy laid down in the Single CMO Regulation; and

                           (c)

                           have paid the first instalment of the levy due; and

                           (d)

                           fulfil conditions for writing-off budget receivables laid down in Articles 56 and 57 of the Public Finances Act; in other words, write-off will be applicable if:

                                       (i)

                                       a natural person has died without leaving any assets, or has left assets which, under separate provisions, are exempt from enforcement, or has left items of everyday household use with a total value not exceeding PLN 6 000;

                                       (ii)

                                       a legal person has been struck off the relevant register of legal persons while at the same time not having any assets against which the levy due can be enforced, and liability for the budget receivable has not been transferred by law to a third party;

                                       (iii)

                                       there are reasonable grounds to suspect that enforcement proceedings will not yield an amount exceeding the costs of seeking to recover and enforce the levy due, or enforcement proceedings have been unsuccessful;

                                       (iv)

                                       an organisational unit without legal personality has been liquidated;

                                       (v)

                                       it serves a vital interest of the debtor or the public interest;

                                       (vi)

                                       it is justified for social or economic reasons, in particular the debtor's ability to pay and a legitimate interest of the State Treasury.

               (16)

               Pursuant to the Cabinet Resolution, aid may be granted with effect from the date on which the Commission issues a positive decision on compatibility of the aid scheme with the internal market, until 31 October 2017.

         4.   REASONS TO INITIATE THE PROCEDURE PROVIDED FOR IN ARTICLE 108(2) TFEU

               (17)

               According to the assessment undertaken by the Commission in the Opening Decision, all the conditions for the existence of aid prescribed in Article 107(1) TFEU were met (recitals 28-33 of the Opening Decision).

               (18)

               As regards the question of compatibility with the internal market, the Commission noted that the aid did not qualify for the derogations provided for in Article 107(2)(a)(b) and (c) TFEU nor Article 107(3)(a),(b) and (d) TFEU (recitals 35-36 of the Opening Decision).

               (19)

               In addition, the Commission had doubts on whether Article 107(3)(c) TFEU would be applicable, given that the aid did not seem to correspond to any of aid categories foreseen in the State aid rules applicable in the agricultural sector, i.e. Commission Regulation (EU) No 702/2014 (11), European Union Guidelines for State aid in the agricultural and forestry sectors and in rural areas 2014 to 2020 (12) (‘the Agricultural Guidelines’), Guidelines on State aid for rescuing and restructuring non-financial undertakings in difficulty (13) (‘the Rescue and Restructuring Guidelines’) or Regulation (EU) No 1408/2013 (recitals 37-39 and 48-49 of the Opening Decision). The aid furthermore did not seem to facilitate the development of the milk sector in the sense of Article 107(3)(c) TFEU.

               (20)

               It also emerged in the Opening Decision that the aid scheme appeared as a breach of the provisions of the Single CMO Regulation which regulate the milk levy (recitals 40-47 of the Opening Decision)

         5.   POLAND'S COMMENTS

               (21)

               Poland did not submit any comments to allay the doubts raised when the formal investigation procedure was initiated. However, in the letters of 12 October 2016 and 20 January 2017, Poland explained that the aid has not been and will not be implemented in Poland given the absence of a positive decision from the Commission (see recital 16).

         6.   COMMENTS FROM INTERESTED PARTIES

               (22)

               The Commission received no comments from interested parties.

         7.   ASSESSMENT OF THE EXISTENCE OF STATE AID

               (23)

               According to Article 107(1) TFEU, ‘[s]ave as otherwise provided in the Treaties, any aid granted by a Member State 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 shall, in so far as it affects trade between Member States, be incompatible with the internal market’.

               (24)

               The qualification of a measure as aid within the meaning of Article 107(1) TFEU therefore requires the following cumulative conditions to be met: (i) the measure must be imputable to the State and financed through State resources; (ii) it must confer an advantage on its recipient; (iii) that advantage must be selective; and (iv) the measure must distort or threaten to distort competition and affect trade between Member States.

      Aid granted by the State or through State resources

               (25)

               The aid scheme provides for a write-off of the levy due. It results from national provisions and is therefore imputable to the State. It is also financed from the State budget in the sense that the levy has already been paid by Poland to EAGF and now the Polish State, by writing-off the levy due, foregoes revenues that could be used for other purposes. Waiving revenue which would otherwise have been paid to the State constitutes a transfer of State resources (14).

      Selective advantage/Undertakings

               (26)

               Potential beneficiaries of the aid scheme are certain milk-producing agricultural holdings in Poland (recital 15) (15).

               (27)

               An advantage, within the meaning of Article 107(1) TFEU, is any economic benefit which an undertaking could not have obtained under normal market conditions, that is to say in the absence of State intervention (16). For it to constitute aid, the measure must confer on the beneficiary advantages that relieve it of charges that would normally be borne from its budget.

               (28)

               Recent case law, namely the judgment of the General Court in case T-538/11 Kingdom of Belgium v European Commission has reiterated that ‘the concept of a charge which is normally borne by the budget of an undertaking covers, in particular, the additional costs which undertakings must bear by virtue of obligations imposed by law, regulation or agreement which apply to an economic activity’ (17).

               (29)

               Costs, such as the milk levy in the present case, are expenses which a milk producer has to bear from its own budget in the framework of its normal business activity. The obligation to pay milk levy stems from the Single CMO Regulation and the national rules on the organisation of the market in milk and milk products (see recitals 8-10). If certain undertakings are fully or partially relieved from such expenses, then they benefit from an advantage.

               (30)

               The Commission therefore considers that the aid scheme confers a selective advantage on milk producers.

      Distortion of competition and effect on trade

               (31)

               The Court of Justice has consistently held that strengthening the competitive position of an undertaking through the granting of State aid generally distorts competition with other competing undertakings not having benefited from this aid (18). Aid for an undertaking that operates in a market open to intra-Union trade is likely to affect trade between Member States (19). There is substantial intra-Union trade in agricultural products, including milk (20) and Poland is one of the largest milk producers in the Union (21).

               (32)

               The aid scheme being assessed in this Decision is designed to support activities in the agricultural sector, in particular the activities of dairies. As described above, trade in the products of dairies does exist within the Union. The Commission therefore takes the view that the scheme at issue affects trade between the Member States.

               (33)

               In view of the substantial level of trade in agricultural products, it can therefore be assumed that the scheme in question distorts or threatens to distort competition and affects trade between Member States.

      Conclusion on the presence of aid

               (34)

               It can therefore be concluded that the aid scheme qualifies as State aid within the meaning of Article 107(1) TFEU.

         8.   ASSESSMENT OF THE LAWFULNESS OF AID

               (35)

               Pursuant to Article 108(3) TFEU, Member States have the obligation to inform the Commission about any plan to grant aid and are not to put such aid into effect until the Commission authorises it as compatible (stand still obligation).

               (36)

               The aid scheme was notified to the Commission on 23 May 2016 and it has not been implemented. Therefore, Poland has complied with its obligation under Article 108(3) TFEU.

         9.   ASSESSMENT OF THE COMPATIBILITY

               (37)

               In so far as the aid scheme constitutes State aid within the meaning of Article 107(1) TFEU, its compatibility must be assessed in the light of the relevant State aid rules in the area of agriculture. It is settled case-law that the burden of proof for demonstrating that a measure is compatible with the internal market lays on the Member State (22). The Commission notes that the Polish authorities have not presented any information on why the aid scheme could be considered compatible with the internal market on the basis of any of the Commission's State aid instruments, in particular such as those listed below.

               (38)

               As already indicated in the Opening Decision, the assessed aid scheme does not correspond to any of the aid categories provided for in the Agricultural Guidelines or in Regulation (EU) No 702/2014. In the absence of any relevant comments from Poland, the Commission notes that its doubts on the applicability of the Agricultural Guidelines and Regulation (EU) No 702/2014 are confirmed.

               (39)

               Furthermore, as already indicated in the Opening Decision, aid under the assessed scheme does not fulfil the criteria of aid for undertakings in difficulty in the sense of the Rescue and Restructuring Guidelines. In the absence of any relevant comments from Poland, the Commission notes that its doubts on the applicability of the Rescue and Restructuring Guidelines are confirmed.

               (40)

               In the absence of any relevant comments from Poland concerning de minimis aid, the Commission further notes that its doubts on the applicability of Regulation (EU) No 1408/2013 are confirmed.

               (41)

               In its notification, Poland referred to point 30 of the Agricultural Guidelines. According to point 30 of the Agricultural Guidelines, the Commission assesses aid schemes not covered by the Agricultural Guidelines or by any other relevant State aid rules on a case by case basis directly on the basis of Article 107(3) TFEU, taking into account the rules laid down in Articles 107, 108 and 109 TFEU, the Common Agriculture Policy and by analogy the Agricultural Guidelines, where possible. Member States notifying State aid not covered by the scope of the Agricultural Guidelines have to demonstrate that the State aid in question meets the common assessment principles as laid down in Chapter 3 of Part I of the Agricultural Guidelines. The Commission only approves such measures if the positive contribution to the development of the sector clearly outweighs the risks of distorting competition in the internal market and affecting trade between Member States.

               (42)

               In aid cases falling under Article 107(3) TFEU the Commission has wide discretion (23).

               (43)

               Article 107(3) TFEU specifies four types of cases in which State aid can be considered compatible with the common market. The Commission considers that the derogations provided for in Article 107(3)(a), (b) and (d) TFEU are not applicable in the present case because the aid scheme in question is not intended for the promotion of the economic development of areas where the standard of living is abnormally low or where there is serious underemployment, nor is it intended for projects of common European interest or to remedy a serious disturbance in the economy or for the promotion of culture and heritage conservation.

               (44)

               Under Article 107(3)(c) TFEU, aid to facilitate the development of certain economic activities or of certain economic areas may be considered to be compatible with the common market, where such aid does not adversely affect trading conditions to an extent contrary to the common interest.

               (45)

               In order to be compatible with Article 107(3)(c) TFEU, aid must pursue an objective of common interest. In this regard, aid in the agricultural sector should in particular be in line with the rules on the common organisation of the markets in agricultural products. Where there is a regulation on the common organisation of the market in a given area, the Member States are under an obligation to refrain from taking any measures which might undermine or create exceptions to it (24).

               (46)

               In the milk and milk products sector, the rules concerned are established in the Single CMO Regulation and Regulation (EC) No 595/2004. Regulation (EC) No 595/2004 lays down detailed rules for applying a levy in the milk and milk products sector as regards, among others, the payment of the levy. A modification introduced by Implementing Regulation (EU) 2015/517 permitted Member States to decide that the amount of the levy due related to the 12-month period beginning on 1 April 2014 is paid by 30 September 2017 in three yearly instalments without interest. The Single CMO Regulation does not provide for further exceptions with regard to the payment of the levy. Poland made use of the said permission through the use of de minimis aid. In addition, the present aid scheme provides for cancellation of the levy (second and third instalments) for farmers who overran their available quantity and thus, under the rules on the common organisation of the markets in agricultural products, are liable vis-à-vis the Polish State for payment of the levy. Exempting certain Polish milk producers from the obligation to pay the levy would undermine the quota system and distort competition with those producers who respected their quotas and those who have taken steps to pay their individual levy bills (25).

               (47)

               On that basis, the Commission considers that the write-off of milk levy is not compatible with the Single CMO Regulation and Regulation (EC) No 595/2004 and thus with the rules on the common organisation of the markets in agricultural products as regards the milk quota system.

               (48)

               The write-off of milk levy is a mere instrument intended to improve the financial situation of undertakings but which in no way contributes to the development of the sector or pursue an objective of common interest and which is not compatible with the CMO rules.

               (49)

               Moreover, if a State aid measure entails a non-severable violation of Union law, the aid cannot be declared compatible with the internal market (26).

               (50)

               Consequently, the aid scheme cannot be considered as compatible with the internal market.

      Conclusion on the compatibility

               (51)

               In the light of the above, the Commission finds that the notified aid scheme constitutes State aid within the meaning of Article 107(1) TFEU which is incompatible with the internal market.

               (52)

               Since the aid scheme has not been implemented (recital 21), there is no need for recovery of State aid,

         HAS ADOPTED THIS DECISION:
   Article 1
   The aid scheme for milk producers notified by Poland on 23 May 2016 constitutes State aid within the meaning of Article 107(1) TFEU. This State aid is incompatible with the internal market. Consequently, the aid may not be implemented by the Polish authorities.
   Article 2
   Poland shall inform the Commission, within two months of notification of this Decision, of the measures taken to comply with it.
   Article 3
   This Decision is addressed to the Republic of Poland.

      Done at Brussels, 30 June 2017.

            For the Commission

         Phil HOGAN

            Member of the Commission

      (1)  C(2016) 5770 final.

      (2)  OJ C 406, 4.11.2016, p. 86.

      (3)  Council Regulation (EC) No 1234/2007 of 22 October 2007 establishing a common organisation of agricultural markets and on specific provisions for certain agricultural products (Single CMO Regulation) (OJ L 299, 16.11.2007, p. 1).

      (4)  In Poland, this obligation was laid down in the Act of 20 April 2004 on the organisation of the market in milk and milk products (Journal of Laws 2004, No 93, item 897, as subsequently amended).

      (5)  Commission Regulation (EC) No 595/2004 of 30 March 2004 laying down detailed rules for applying Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector (OJ L 94, 31.3.2004, p. 22).

      (6)  Commission Implementing Regulation (EU) 2015/517 of 26 March 2015 amending Regulation (EC) No 595/2004 laying down detailed rules for applying Council Regulation (EC) No 1788/2003 establishing a levy in the milk and milk products sector (OJ L 82, 27.3.2015, p. 73).

      (7)  Cabinet Regulation of 29 July 2015 on the breaking down into instalments by the Agricultural Market Agency of the levy due from milk producers for exceeding individual quotas in quota year 2014/2015 (Journal of Laws 2015, item 1105) (Rozporządzenie Rady Ministrów z dnia 29 lipca 2015 r. w sprawie realizacji przez Agencję Rynku Rolnego zadania polegającego na rozkładaniu na raty opłaty należnej od producentów mleka za przekroczenie kwot indywidualnych w roku kwotowym 2014/2015, Dz. U. 2015, poz. 1105).

      (8)  Commission Regulation (EU) No 1408/2013 of 18 December 2013 on the application of Articles 107 and 108 of the Treaty on the Functioning of the European Union to de minimis aid in the agriculture sector (OJ L 352, 24.12.2013, p. 9).

      (9)  Cabinet Resolution of 19 May 2016 establishing an aid scheme for milk producers (Uchwała Rady Ministrów z dnia 19 maja 2016 r. w sprawie ustanowienia programu pomocy producentom mleka).

      (10)  Public Finances Act of 27 August 2009 (Journal of Laws 2013, item 885, as subsequently amended) (Ustawa z dnia 27 sierpnia 2009 r. o finansach publicznych (Dz.U. z 2013 r., poz. 885, z późn. zm.)).

      (11)  Commission Regulation (EU) No 702/2014 of 25 June 2014 declaring certain categories of aid in the agricultural and forestry sectors and in rural areas compatible with the internal market in application of Articles 107 and 108 of the Treaty on the Functioning of the European Union (OJ L 193, 1.7.2014, p. 1).

      (12)  OJ C 204, 1.7.2014, p. 1.

      (13)  OJ C 249, 31.7.2014, p. 1.

      (14)  See judgment in case France v Ladbroke Racing Ltd and Commission, C-83/98 P, EU:C:2000:248, paragraphs 48 to 51.

      (15)  In the Opening Decision (recital 31, footnote 8), the Commission raised doubts, in particular, as regards the likelihood for some beneficiaries to effectively benefit from the aid. However, the Polish authorities did not provide any information allowing the Commission to clarify its doubts.

      (16)  See judgment in cases SFEI and Others, C-39/94, EU:C:1996:285, paragraph 60; Spain v Commission, C-342/96, EU:C:1999:210, paragraph 41.

      (17)  EU:T:2015:188, paragraph 76.

      (18)  See judgment in case Philip Morris Holland BV v Commission, C-730/79, EU:C:1980:209, paragraphs 11 and 12.

      (19)  See, in particular, judgment in case French Republic v Commission, C-102/87, EU:C:1988:391, paragraph 19.

      (20)  In 2015, the intra-Union trade amounted to more than EUR 4,5 billion for milk and to more than EUR 28 billion for all dairy products. Source: Eurostat.

      (21)  In 2015, Poland was the fifth largest producer of cows' milk in the Union, producing more than 10 million tonnes of milk. Source: Eurostat.

      (22)  See judgment in cases Italy v Commission, C-364/90, EU:C:1993:157, paragraph 20; Freistaat Sachsen and Others v Commission, Joined Cases T-132/96 and T-143/96, EU:T:1999:326, paragraph 140; Italy v Commission, C-372/97, EU:C:2004:234, paragraph 81.

      (23)  See for instance judgment in cases SFEI and Others, C-39/94, EU:C:1996:285, paragraph 36; Vlaamse Gewest v Commission, T-214/95, EU:T:1998:77, paragraph 86.

      (24)  See for instance judgment in case France v Commission, C-456/00, EU:C:2002:753, paragraphs 30-33.

      (25)  Currently, there is an ongoing infringement procedure against Italy for failure to recover milk levies due from Italian producers (case C-433/15).

      (26)  See for instance judgment in cases Germany v Commission, C-156/98, EU:C:2000:467, paragraph 78 and Régie Networks v Rhone Alpes Bourgogne, C-333/07, EU:C:2008:764, paragraphs 94 to 116.


title: Council Decision 2006/172/CFSP of  27 February 2006  implementing Common Position 2004/852/CFSP concerning restrictive measures against Côte d'Ivoire

text:
               2.3.2006

               EN

               Official Journal of the European Union

               L 61/21

      COUNCIL DECISION 2006/172/CFSP
   of 27 February 2006
   implementing Common Position 2004/852/CFSP concerning restrictive measures against Côte d'Ivoire
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Common Position 2004/852/CFSP of 13 December 2004 (1), and in particular Article 6 thereof, in conjunction with Article 23(2) of the Treaty on European Union,
   Whereas:

               (1)

               On 13 December 2004 the Council adopted Common Position 2004/852/CFSP concerning restrictive measures against Côte d'Ivoire in order to implement the measures imposed by the United Nations Security Council Resolution (UNSC) 1572 (2004), hereinafter referred to as ‘UNSCR 1572 (2004)’, against Côte d'Ivoire.

               (2)

               On 7 February 2006 the Committee established by paragraph 14 of UNSCR 1572 (2004) approved the list of individuals subject to the measures imposed by paragraphs 9 and 11 of UNSCR 1572 (2004) and renewed by paragraph 1 of UNSC Resolution 1643 (2005).

               (3)

               The Annex to Common Position 2004/852/CFSP should be completed accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The list of persons set out in the Annex to this Decision shall be inserted in the Annex to Common Position 2004/852/CFSP.
   Article 2
   This Decision shall take effect on the date of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 27 February 2006.

            For the Council

            The President

         U. PLASSNIK

      (1)  OJ L 368, 15.12.2004, p. 50. Common Position as last amended by Common Position 2006/30/CFSP (OJ L 19, 24.1.2006, p. 36).

      ANNEX
      List of persons referred to in Article 1

                  ‘1.

                  Surname, First Name: BLÉ GOUDÉ, Charles
                  Function: Leader of COJEP (“Young Patriots”)
                  Date of birth: 1.1.1972
                  Passport or ID Number: PD. AE/088 DH 12
                  Nationality: Ivorian

                  2.

                  Surname, First Name: DJUÉ, Eugène Ngoran Kouadio
                  Date of birth: 20.12.1969 or 1.1.1966
                  Nationality: Ivorian

                  3.

                  Surname, First Name: FOFIE, Martin Kouakou
                  Function: Chief Corporal New Force Commandant, Korhogo Sector
                  Date of birth: 1.1.1968
                  Nationality: Ivorian’


Avis juridique important

|

31971D0364

71/364/EEC: Council Decision of 8 November 1971 applying Articles 123 to 127 of the Treaty to the French overseas departments

Official Journal L 249 , 10/11/1971 P. 0073 - 0073 Finnish special edition: Chapter 1 Volume 1 P. 0073  Danish special edition: Series I Chapter 1971(III) P. 0811  Swedish special edition: Chapter 1 Volume 1 P. 0073  English special edition: Series I Chapter 1971(III) P. 0933  Greek special edition: Chapter 05 Volume 1 P. 0124  Spanish special edition: Chapter 05 Volume 1 P. 0155  Portuguese special edition Chapter 05 Volume 1 P. 0155

COUNCIL DECISION  of 8 November 1971  applying Articles 123 to 127 of the Treaty to the French overseas departments  (71/364/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 227 (2) thereof;  Having regard to the proposal from the Commission;  Whereas the second subparagraph of Article 227 (2) provides that the Council shall determine the conditions under which the provisions of the Treaty other than those referred to in the first subparagraph of Article 227 (2) and in particular the provisions of Articles 123 to 127 of the Treaty, are to apply to the French overseas departments;  Whereas intervention by the European Social Fund is likely to promote the economic and social development of those departments;  HAS DECIDED AS FOLLOWS:    Article 1 Articles 123 to 127 of the Treaty establishing the European Economic Community and the measures taken in implementation of those Articles shall apply to the French overseas departments.    Article 2 This Decision shall be published in the Official Journal of the European Communities.  It shall enter into force on the date on which Council Regulation (EEC) No 2396/71 1 of 8 November 1971, applying the Council Decision of 1 February 1971 on the reform of the European Social Fund, enters into force.      Done at Brussels, 8 November 1971.  For the Council  The President  A. MORO  1OJ No L 249, 10.11.1971, p. 54.


Avis juridique important

|

41981D1011

81/1011/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, of 7 December 1981 applying generalized tariff preferences for 1982 in respect of certain steel products originating in developing countries

Official Journal L 365 , 21/12/1981 P. 0204 - 0216

+++++( 1 ) OJ NO L 148 , 28 . 6 . 1968 , P . 1 .  DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL , OF 7 DECEMBER 1981 APPLYING GENERALIZED TARIFF PREFERENCES FOR 1982 IN RESPECT OF CERTAIN STEEL PRODUCTS ORIGINATING IN DEVELOPING COUNTRIES ( 81/1011/ECSC )  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL ,  IN AGREEMENT WITH THE COMMISSION ,  HAVE DECIDED AS FOLLOWS :  ARTICLE 1  1 . FROM 1 JANUARY TO 31 DECEMBER 1982 , THE CUSTOMS DUTIES APPLICABLE TO THE PRODUCTS LISTED IN ANNEXES A AND B SHALL BE TOTALLY SUSPENDED WITHIN THE FRAMEWORK OF TARIFF QUOTAS AND CEILINGS .  IMPORTS INTO GREECE OF THE PRODUCTS REFERRED TO ABOVE SHALL BE SUBJECT TO THE CUSTOMS DUTIES ESTABLISHED IN ACCORDANCE WITH ARTICLE 117 OF THE ACT OF ACCESSION OF 1979 .  2 . THE ARRANGEMENTS PROVIDED FOR IN PARAGRAPH 1 SHALL APPLY SOLELY :  - IN ALL CUSTOMS AREAS OF THE COMMUNITY , TO EACH OF THE COUNTRIES OR TERRITORIES LISTED IN COLUMN 4 OF ANNEX A AGAINST EACH CATEGORY OF PRODUCTS LISTED IN COLUMNS 2 AND 3 ,  - IN THE COMMUNITY , TO EACH OF THE OTHER COUNTRIES OR TERRITORIES LISTED IN ANNEX C , FOR THE SAME CATEGORIES OF PRODUCTS ,  - IN THE COMMUNITY , TO EACH OF THE COUNTRIES OR TERRITORIES LISTED IN ANNEX C FOR THE CATEGORIES OF PRODUCTS LISTED IN ANNEX B ,  SUBJECT TO OBSERVANCE OF THE CONCEPT OF ORIGINATING PRODUCTS .  3 . IMPORTS EXEMPT FROM CUSTOMS DUTIES UNDER OTHER PREFERENTIAL TARIFF ARRANGEMENTS GRANTED BY THE COMMUNITY MAY NOT BE CHARGED AGAINST THESE TARIFF QUOTAS OR CEILINGS . PREFERENTIAL ENTRY AS PROVIDED FOR IN THIS DECISION SHALL BE SUBJECT TO CONFORMITY WITH THE CONCEPT OF " ORIGINATING PRODUCTS " AS DETERMINED IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 14 OF REGULATION ( EEC ) NO 802/68 ( 1 ) . HOWEVER , THE COMMUNITY PREFERENCE ARRANGEMENTS PROVIDED FOR IN THIS DECISION SHALL CEASE TO APPLY TO YUGOSLAVIA FROM THE TIME THE AGREEMENT WITH THAT COUNTRY CONCERNING PRODUCTS WITHIN THE PROVINCE OF THE ECSC ENTERS INTO FORCE .  4 . THE COMMUNITY TARIFF QUOTAS AND CEILINGS SHALL BE ADMINISTERED IN ACCORDANCE WITH THE PROVISIONS SET OUT BELOW .  SECTION I  PROVISIONS CONCERNING THE ADMINISTRATION OF THE COMMUNITY TARIFF QUOTAS RELATING TO PRODUCTS LISTED IN ANNEX A  ARTICLE 2  THE TOTAL SUSPENSION OF CUSTOMS DUTIES WITHIN THE LIMITS OF THE COMMUNITY TARIFF QUOTAS REFERRED TO IN ARTICLE 1 ( 1 ) SHALL BE ACCORDED TO EACH COUNTRY OR TERRITORY LISTED IN COLUMN 4 OF ANNEX A IN RESPECT OF THE PRODUCTS INDICATED AGAINST ITS NAME IN COLUMNS 2 AND 3 TOGETHER WITH DETAILS IN COLUMN 5 OF THE AMOUNT OF THE INDIVIDUAL QUOTAS .  ARTICLE 3  1 . THE MEMBER STATES SHALL ADMINISTER THEIR TARIFF QUOTAS IN ACCORDANCE WITH THEIR OWN PROVISIONS IN THIS RESPECT .  2 . THE EXTENT TO WHICH A MEMBER STATE HAS USED UP ITS SHARE SHALL BE DETERMINED ON THE BASIS OF IMPORTS OF THE GOODS IN QUESTION WHICH HAVE BEEN ENTERED FOR FREE CIRCULATION , ON THE BASIS OF THE CUSTOMS VALUE OF THE SAID GOODS , AND WHICH ARE ACCOMPANIED BY A CERTIFICATE OF ORIGIN IN ACCORDANCE WITH THE RULES REFERRED TO IN ARTICLE 1 ( 2 ) .  ARTICLE 4  EACH MEMBER STATE SHALL RE-INTRODUCE THE LEVYING OF DUTIES WHICH HAVE BEEN SUSPENDED IN RESPECT OF A COUNTRY OR TERRITORY LISTED IN COLUMN 4 OF ANNEX A AS SOON AS IT FINDS THAT THE CHARGES AGAINST ITS NATIONAL QUOTA OF THE PRODUCTS CONCERNED ORIGINATING IN THAT COUNTRY OR TERRITORY HAVE REACHED THE AMOUNT LAID DOWN IN COLUMN 6 OF ANNEX A .  SECTION II  PROVISIONS CONCERNING THE ADMINISTRATION OF THE COMMUNITY TARIFF CEILINGS RELATING TO THE PRODUCTS LISTED IN ANNEXES A AND B  ARTICLE 5  SUBJECT TO ARTICLES 6 AND 7 , THE PREFERENTIAL TARIFF CEILING ARRANGEMENTS SHALL BE ACCORDED :  - FOR PRODUCTS IN ANNEX A , TO EACH OF THE COUNTRIES OR TERRITORIES LISTED IN ANNEX C , OTHER THAN THOSE WHICH MAY BE LISTED IN COLUMN 4 OF ANNEX A , WITHIN THE LIMITS OF THE AMOUNTS SPECIFIED IN COLUMN 7 OF ANNEX A , AGAINST EACH CATEGORY OF PRODUCTS ,  - FOR PRODUCTS IN ANNEX B , TO THE COUNTRIES OR TERRITORIES LISTED IN ANNEX C , CONSIDERED INDIVIDUALLY , WITHIN THE LIMITS OF A COMMUNITY CEILING EQUAL TO THE HIGHEST MAXIMUM AMOUNT VALID FOR 1980 UNDER EACH OF THE PREFERENTIAL CEILINGS OPENED FOR THAT YEAR .  THE INDIVIDUAL CEILING THUS ESTABLISHED SHALL BE INCREASED BY 2 % TO TAKE ACCOUNT OF THE APPLICATION BY GREECE OF COMMUNITY TARIFF PREFERENCES .  ARTICLE 6  1 . AS SOON AS THE INDIVIDUAL CEILINGS FIXED OR CALCULATED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 5 , WHICH ARE LAID DOWN FOR IMPORTS INTO THE COMMUNITY , UNDER THE CONDITIONS WHICH IT SHALL DETERMINE , OF PRODUCTS ORIGINATING IN ANY OF THE COUNTRIES OR TERRITORIES REFERRED TO IN ARTICLE 1 ( 2 ) , ARE REACHED AT COMMUNITY LEVEL , THE MEMBER STATES MAY AT ANY TIME , AT THE REQUEST OF ANY ONE OF THEM OR OF THE COMMISSION AND IN RESPECT OF THE WHOLE OF THE COMMUNITY , REINTRODUCE THE LEVYING OF THE CORRESPONDING DUTIES ON IMPORTS OF THE PRODUCTS IN QUESTION FROM EACH OF THE COUNTRIES OR TERRITORIES CONCERNED UNTIL THE END OF THE PERIOD REFERRED TO IN ARTICLE 1 ( 1 ) .  2 . WITHIN THE FRAMEWORK OF THE FOREGOING PROVISIONS , THE COMMISSION SHALL COORDINATE THE PROCEDURES FOR REINTRODUCING NORMAL CUSTOMS DUTIES , IN PARTICULAR BY NOTIFYING THE DATE COMMON TO THE WHOLE OF THE COMMUNITY AND DIRECTLY APPLICABLE IN EACH MEMBER STATE . THIS NOTIFICATION SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  3 . HOWEVER , PARAGRAPHS 1 AND 2 SHALL NOT APPLY TO THE COUNTRIES LISTED IN ANNEX D .  ARTICLE 7  THE EXTENT TO WHICH CEILINGS AND MAXIMUM AMOUNTS HAVE BEEN USED UP SHALL BE DETERMINED AT COMMUNITY LEVEL ON THE BASIS OF IMPORTS CHARGED IN THE MANNER LAID DOWN IN ARTICLE 8 ( 1 ) AND ( 2 ) .  SECTION III  GENERAL PROVISIONS  ARTICLE 8  1 . IMPORTS OF THE PRODUCTS IN QUESTION SHALL BE CHARGED AGAINST THE QUOTA SHARES AND COMMUNITY CEILINGS AS AND WHEN THE PRODUCTS ARE ENTERED FOR FREE CIRCULATION , ON THE BASIS OF THE CUSTOMS VALUE OF THE SAID PRODUCTS , AND ARE ACCOMPANIED BY A CERTIFICATE OF ORIGIN IN ACCORDANCE WITH THE RULES LAID DOWN IN ARTICLE 1 ( 2 ) .  2 . GOODS MAY BE CHARGED AGAINST A CEILING OR ADMITTED UNDER A TARIFF QUOTA ONLY IF THE CERTIFICATE OF ORIGIN REFERRED TO IN PARAGRAPH 1 IS PRESENTED BEFORE THE DATE ON WHICH THE LEVYING OF DUTIES IS REINTRODUCED .  3 . FOR THE PURPOSES OF THE APPLICATION OF THIS DECISION , THE ECU IN WHICH THE PREFERENTIAL AMOUNTS ARE EXPRESSED AND THE RATES FOR THE CONVERSION INTO NATIONAL CURRENCIES SHALL BE THOSE LAID DOWN IN THE COMMON CUSTOMS TARIFF .  HOWEVER , FOR PRODUCTS LISTED IN ANNEX A UNDER ORDER NOS 2 , 3 AND 5 , CONVERSION INTO NATIONAL CURRENCIES OF THE PREFERENTIAL AMOUNTS EXPRESSED IN ECU SHALL BE CARRIED OUT IN ACCORDANCE WITH THE FOLLOWING RATES :  1 ECU =  DM 3.189852  BFRS / LFRS 46.28908  FL 3.277896  FF 5.714934  LIT 881.12  DKR 7.629304  POUND IRL 0.522821  POUND 0.48305  DR 42.58968  4 . ANY AMENDMENT TO THE LIST OF BENEFICIARIES , IN PARTICULAR BY THE ADDITION OF NEW COUNTRIES OR TERRITORIES , MAY ENTAIL A CORRESPONDING ADJUSTMENT TO COMMUNITY TARIFF QUOTAS OR CEILINGS .  ARTICLE 9  1 . EVERY THREE MONTHS , THE MEMBER STATES SHALL FORWARD TO THE STATISTICAL OFFICE OF THE EUROPEAN COMMUNITIES THE INFORMATION RELATING TO IMPORTS UNDER THIS DECISION , IN ACCORDANCE WITH THE PROVISIONS OF THE NOMENCLATURE OF GOODS FOR EXTERNAL TRADE STATISTICS OF THE COMMUNITY AND STATISTICS OF TRADE BETWEEN MEMBER STATES ( NIMEXE ) .  2 . HOWEVER , IN THE CASE OF PRODUCTS IN ANNEX A SUBJECT TO QUOTAS , THE MEMBER STATES SHALL , BY THE 11TH DAY OF EACH MONTH AT THE LATEST , FORWARD THE LIST OF CHARGES EFFECTED DURING THE PREVIOUS MONTH . IN THE CASE OF PRODUCTS OF ANNEX A SUBJECT TO CEILINGS , THE MEMBER STATES SHALL FORWARD TO THE COMMISSION , AT ITS REQUEST AND UNDER THE SAME CONDITIONS , THE LIST OF CHARGES EFFECTED DURING THE PREVIOUS MONTH .  AT THE COMMISSION'S REQUEST , WHEN THE LEVEL OF 75 % OF THE CEILING IS REACHED , THE MEMBER STATES SHALL FORWARD THE LISTS OF CHARGES TO THE COMMISSION EVERY 10 DAYS ; THESE LISTS SHALL BE FORWARDED WITHIN FIVE DAYS OF THE END OF EACH 10-DAY PERIOD .  ARTICLE 10  THE MEMBER STATES SHALL , IN CLOSE COOPERATION WITH THE COMMISSION , TAKE ALL NECESSARY MEASURES TO ENSURE THAT THIS DECISION IS APPLIED .  ARTICLE 11  THE MEMBER STATES SHALL TAKE ALL MEASURES NECESSARY FOR THE IMPLEMENTATION OF THIS DECISION .  ARTICLE 12  THIS DECISION SHALL ENTER INTO FORCE ON 1 JANUARY 1982 .  DONE AT BRUSSELS , 7 DECEMBER 1981 .  THE PRESIDENT  CARRINGTON


title: Decision (EU) 2017/1671 of the European Parliament of 27 April 2017 on the closure of the accounts of the European Food Safety Authority for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/231

         DECISION (EU) 2017/1671 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on the closure of the accounts of the European Food Safety Authority for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Food Safety Authority for the financial year 2015,

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Food Safety Authority for the financial year 2015, together with the Authority's reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the Authority in respect of the implementation of the budget for the financial year 2015 (05873/2017 — C8-0060/2017),

               —

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

               —

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

               —

               having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (4), and in particular Article 44 thereof,

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (5), and in particular Article 108 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A8-0098/2017),

               1.

               Approves the closure of the accounts of the European Food Safety Authority for the financial year 2015;

               2.

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

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 449, 1.12.2016, p. 97.

      (2)  See footnote 1.

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

      (4)  OJ L 31, 1.2.2002, p. 1.

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


title: 2005/120/EC: Council Decision of 31 January 2005 appointing a German alternate member of the Committee of the Regions

text:
               11.2.2005

               EN

               Official Journal of the European Union

               L 39/46

      COUNCIL DECISION

   of 31 January 2005
   appointing a German alternate member of the Committee of the Regions
   (2005/120/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 proposal from the German Government,
   Whereas:

               (1)

               Council Decision 2002/60/EC of 22 January 2002 appointed the members and alternate members of the Committee of the Regions (1).

               (2)

               a seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Ms Maria Theresia OPLADEN, notified to the Council on 29 November 2004,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Mr Hans-Josef VOGEL, Bürgermeister der Stadt Arnsberg, is hereby appointed alternate member of the Committee of the Regions in place of Ms Maria Theresia OPLADEN for the remainder of her term of office, which runs until 25 January 2006.

      Done at Brussels, 31 January 2005.

            For the Council

            The President

         J. ASSELBORN

      (1)  OJ L 24, 26.1.2002, p. 38.


title: Decision (EU) 2015/437 of the European Parliament and of the Council of 17 December 2014 on the mobilisation of the European Union Solidarity Fund

text:
               17.3.2015

               EN

               Official Journal of the European Union

               L 72/7

         DECISION (EU) 2015/437 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 17 December 2014
   on the mobilisation of the European Union Solidarity Fund
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (1), and in particular Article 4(3) thereof,
   Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 11 thereof,
   Having regard to the proposal from the European 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)

               Article 10 of Council Regulation (EU, Euratom) No 1311/2013 (3) allows the mobilisation of the Fund within the annual ceiling of EUR 500 million (2011 prices).

               (3)

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

               (4)

               Serbia has submitted an application to mobilise the Fund, concerning floods.

               (5)

               Croatia has submitted an application to mobilise the Fund, concerning floods.

               (6)

               Bulgaria has submitted an application to mobilise the Fund, concerning floods,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2014, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 79 726 440 in commitment appropriations.
   For the general budget of the European Union for the financial year 2015, the European Union Solidarity Fund shall be mobilised to provide the sum of EUR 79 726 440 in payment appropriations
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 17 December 2014.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         B. DELLA VEDOVA

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

      (2)  OJ C 373, 20.12.2013, p. 1.

      (3)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).