title: Council Decision (CFSP) 2016/1745 of 29 September 2016 amending Decision (CFSP) 2015/1763 concerning restrictive measures in view of the situation in Burundi

text:
               30.9.2016

               EN

               Official Journal of the European Union

               L 264/29

         COUNCIL DECISION (CFSP) 2016/1745
   of 29 September 2016
   amending Decision (CFSP) 2015/1763 concerning restrictive measures in view of the situation in Burundi
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 1 October 2015, the Council adopted Decision (CFSP) 2015/1763 (1), concerning restrictive measures in view of the situation in Burundi.

               (2)

               On the basis of a review of Decision (CFSP) 2015/1763, the restrictive measures should be renewed until 31 October 2017.

               (3)

               Decision (CFSP) 2015/1763 should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   The second paragraph of Article 6 of Decision (CFSP) 2015/1763 is replaced by the following:

      ‘This Decision shall apply until 31 October 2017.’.

   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 29 September 2016.

            For the Council

            The President

         P. ŽIGA

      (1)  Council Decision (CFSP) 2015/1763 of 1 October 2015 concerning restrictive measures in view of the situation in Burundi (OJ L 257, 2.10.2015, p. 37).


title: 86/634/EEC: Council Decision of 8 December 1986 concerning the conclusion of the Additional Protocol to the Supplementary Protocol to the Cooperation Agreement between the European Economic Community and the Socialist Federal Republic of Yugoslavia, on trade in textile products, consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community

text:
27 . 12 . 86                             Official Journal of the European Communities                                   No L 366 / 25
                                                       COUNCIL DECISION
                                                         of 8 December 1986
                   concerning the conclusion of the Additional Protocol to the Supplementary Protocol to the
                   Cooperation Agreement between the European Economic Community and the Socialist
                   Federal Republic of Yugoslavia , on trade in textile products , consequent on the accession of the
                                Kingdom of Spain and the Portuguese Republic to the Community
                                                            ( 86 / 634 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                 the European Economic Community and the Socialist
                                                                          Federal Republic of Yugoslavia on trade in textile products
Having regard to the Treaty establishing the European                     consequent on the accession of the Kingdom of Spain and the
Economic Community , and in particular Article 113                        Portuguese Republic to the Community is hereby approved
thereof,
                                                                          on behalf of the Community .
Having      regard   to   the   recommendation      from      the
                                                                          The text of the Protocol is attached to this Decision .
Commission ,
Whereas it is necessary to approve the Additional Protocol to
the Supplementary Protocol to the Cooperation Agreement                                             Article 2
between the European Economic Community and the
Socialist Federal Republic of Yugoslavia on trade in textile              The President of the Council shall give the notification
products to take account of the accession to the Community                provided for in Article 4 of the Additional Protocol .
of the Kingdom of Spain and the Portuguese Republic ,
HAS DECIDED AS FOLLOWS :
                                                                          Done at Brussels , 8 December 1986 .
                            Article 1                                                                                For the Council
                                                                                The President
The Additional Protocol to              the Supplementary
Protocol to the Cooperation             Agreement between                                                               N. LAWSON


|

32011D0820(03)

Commission Decision of 19 August 2011 establishing the European Research and Innovation Area Board

Official Journal C 243 , 20/08/2011 P. 0012 - 0015

		Commission Decisionof 19 August 2011establishing the European Research and Innovation Area Board(2011/0000/)THE EUROPEAN COMMISSION,Having regard to the Treaty on the Functioning of the European Union,Having regard to the Treaty establishing the European Atomic Energy Community,Whereas:(1) In order to advise the Commission on the realisation of the European Research Area, taking into account the objectives set out in the Commissions Green Paper "The European Research Area: New Perspectives" [1], the European Research Area Board (ERAB) was set up by Commission Decision 2008/111/EC, Euratom [2].(2) Decision 2008/111/EC, Euratom will expire on 29 February 2012.(3) Following the Commission Communication "Europe 2020: a strategy for smart, sustainable and inclusive growth" [3], the Council gave its political endorsement on the new strategy on 17 June 2010.(4) The Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions: Europe 2020 Flagship Initiative — Innovation Union [4], adopted by the European Commission on 6 October 2010, brings research and innovation policies into a single framework and is a critical component of the overall Europe 2020 strategy and a contributor to each of its three pillars, namely growth that is smart, sustainable and inclusive.(5) In the Commission Communication on Innovation Union Flagship Initiative the Commission announced to expand the remit of the ERAB as set out in its Decision 2008/111/EC, Euratom, to evaluate the Innovation Union on a continuous basis, reflect on new trends and provide recommendations on priorities and actions.(6) The European Research and Innovation Area Board (the Board) should support the Commission in its efforts to achieve the objectives specified in Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) [5], and in Council Decision 2006/970/Euratom of 18 December 2006 concerning the Seventh Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2007 to 2011) [6], as well as in the subsequent European Union and Euratom framework programmes.(7) The Chairperson and the members of the Board shall be proposed to the Commission by an Independent High-Level Identification Committee composed of representatives from business and academia.(8) In order to strengthen the Board's capacity and to ensure its continuity, the Commission services may appoint honorary members to the Board, on the basis of the merit and services rendered by members who have completed their terms.(9) Rules on disclosure of information by members of the Board should be provided for, without prejudice to the rules on security annexed to the Commission Rules of Procedure, by Decision 2001/844/EC, ECSC, Euratom [7].(10) Personal data relating to members of the Board should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data [8].(11) It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension,HAS ADOPTED THIS DECISION:Article 1European Research and Innovation Area BoardThe European Research and Innovation Area Board, hereinafter referred to as "the Board", is established with effect from 1 March 2012.Article 2Tasks1. The tasks of the Board shall be the following:(a) to advise the European Commission on European Research Area Issues, to provide recommendations on priorities and actions and in particular on how to increase the innovation impact and to evaluate the relevant part of Innovation Union Flagship initiatives on a continuous basis;(b) to deliver opinions on the development and realisation of the European Research Area and the Innovation Union at the request of the Commission, or on the Board’s own initiative;(c) to provide the Commission with an annual report on the development of the European Research Area and of the Innovation Union;(d) to reflect on new trends in the European Research Area and the Innovation Union.2. The Board shall be regularly informed on relevant developments and actions.3. The Board's opinions shall be given within the time limit set by the Commission.Article 3Consultation1. The Commission may consult the Board on any matter relating to the realisation of the European Research Area and the Innovation Union.2. The Chairperson of the Board may advise the Commission to consult the Board on a specific question.Article 4Composition — appointment1. The Board shall comprise 11 members.2. The Chairperson and the members of the Board shall be appointed by the Commission. The set of criteria to be applied throughout the selection and nomination process of the Board members is the following:- prominent research and/or innovation profile, including expertise in non-technological innovation,- experience in the design, management and implementation of research and/or innovation policy,- advisory experience on a European or international level,- balance among research and technology disciplines including persons with specific university-industry experience,- geographical balance, taking into account the countries associated to the framework programmes,- appropriate gender balance.3. Applicants deemed suitable for membership but not appointed may be placed on a reserve list, which the Commission may use for replacements.4. Members are appointed by the Commission in a personal capacity and shall advise the Commission independently of any external influence.5. Members shall inform the Commission in good time of any conflict of interest which might undermine their objectivity.6. Members shall be appointed for a four-year term of office and shall remain in office until their term of office ends or they are replaced in accordance with paragraph 7.7. Members may be replaced for the remainder of their term of office in any of the following cases:(a) where the member resigns;(b) where the member is no longer capable of contributing effectively to the Board's deliberations;(c) where the member does not comply with Article 339 of the TFUE on disclosure of information;(d) where, contrary to paragraph 4, the member is not independent of all external influence;(e) where, contrary to paragraph 5, the member has failed to inform the Commission in good time of a conflict of interests.8. The names of the Board's members shall be published on the Register of Commission expert groups and other similar entities ("the Register") and on the Internet website of the Directorate-General for Research and Innovation. The names of the members shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.Article 5Honorary membersThe Commission services may appoint members who have completed their terms on the Board as honorary members of the Board without voting rights. The status of honorary members is equal to the one of observers. Such appointments are made on the basis of merits and services rendered. Honorary members shall be appointed for up to a four-year term of office.Article 6Operation1. The Board shall elect two Vice-Chairpersons from amongst its members by a simple majority to form collectively with the designated Chairperson the Bureau of the Board.2. The Bureau shall organise the work of the Board, in cooperation with the Commission.3. The Board may, with the agreement of the Commission, set up subgroups to examine specific questions under terms of reference established by the Board. Such subgroups shall be dissolved as soon as their mandates are fulfilled.4. The Commission may ask experts or observers with specific competence on a subject on the agenda to participate in the work of the Board, or in the deliberations or work of a subgroup, if, in the opinion of the Commission, this is necessary or useful.5. Members of the Board, as well as invited experts and observers, shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission's rules on security regarding the protection of EU classified information, laid down in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom [9]. Should they fail to respect these obligations, the Commission may take all appropriate measures.6. The Board and its subgroups usually meet at the Commission premises in accordance with the procedures and schedule established by the Board. The Commission shall provide the secretariat.7. The Commission may provide information and expert support necessary for the work of the Board, allowing it to operate under conditions of autonomy and independence. The expert support is provided through grants or public procurement foreseen in the relevant work programme.8. Commission representatives shall attend the meetings of the Board and of its subgroups.9. The Board shall adopt its rules of procedure on the basis of a draft presented by the Commission.10. The Commission publishes relevant information on the activities carried out by the Board either by including it in the Register or via a link from the Register to a dedicated website.Article 7Honoraria and meeting expenses1. The Board members shall be compensated for the tasks they perform by means of an honorarium for their attendance at Board plenary meetings, reflecting their responsibilities and benchmarked against similar provisions in similar entities and Member States. The amount of honoraria and related implementation rules are set out in Annex to this Decision.2. Observers and honorary members shall not be remunerated for the services they render.3. As regards meetings necessary for the conduct of the Board's work other than plenary meetings including those foreseen under Article 6, the Commission, following its prior approval, shall reimburse travel expenses and, where appropriate, subsistence expenses for members and invited experts in connection with the Board’s activities, in accordance with the Commission's rules on the compensation of external experts.Article 8ExpiryThis Decision shall expire on 29 February 2016.Done at Brussels, 19 August 2011.For the CommissionMáire Geoghegan-QuinnMember of the Commission[1] COM(2007) 161 final, 4.4.2007.[2] OJ L 40, 14.2.2008, p. 7.[3] COM(2010) 2020 final, 3.3.2010.[4] COM(2010) 546 final, 6.10.2010.[5] OJ L 412, 30.12.2006, p. 1.[6] OJ L 400, 30.12.2006, p. 60, as corrected by OJ L 54, 22.2.2007, p. 21.[7] OJ L 317, 3.12.2001, p. 1.[8] OJ L 8, 12.1.2001, p. 1.[9] Commission Decision of 29 November 2001 amending its internal Rules of Procedure (OJ L 317, 3.12.2001, p. 1).--------------------------------------------------


Avis juridique important

|

31998D0142

98/142/EC: Council Decision of 26 January 1998 concerning the conclusion of an Agreement on international humane trapping standards between the European Community, Canada and the Russian Federation and of an Agreed Minute between Canada and the European Community concerning the signing of the said Agreement

Official Journal L 042 , 14/02/1998 P. 0040 - 0041

COUNCIL DECISION of 26 January 1998 concerning the conclusion of an Agreement on international humane trapping standards between the European Community, Canada and the Russian Federation and of an Agreed Minute between Canada and the European Community concerning the signing of the said Agreement (98/142/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 113 and 100a in conjunction with the first sentence of Article 228(2) and the first subparagraph of Article 228(3) thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Having regard to the Council's Decision of June 1996 laying down negotiating Directives and authorising the Commission to negotiate an agreement on humane trapping standards with Canada, the Russian Federation, the United States of America and any other country interested,Whereas Regulation (EEC) No 3254/91 of 4 November 1991 prohibiting the use of leghold traps in the Community and the introduction into the Community of pelts and manufactured goods of certain wild animal species originating in countries which catch them by means of leghold traps or trapping methods which do not meet international humane trapping standards (3), and in particular the second indent of Article 3(1) thereof, refers to internationally agreed humane trapping standards with which trapping methods used by third countries that have not prohibited leghold traps must conform in order for them to be able to export pelts and products manufactured from certain species to the Community;Whereas no international humane trapping standard had been established on 1 January 1996; whereas this situation meant that third countries had no way of guaranteeing that the methods used on their territory for trapping the species listed in Annex I to Regulation (EEC) No 3254/91 complied with internationally agreed humane trapping standards;Having regard to the proposal for a Regulation amending Regulation (EEC) No 3254/91 forwarded to the Council on 12 January 1996;Whereas the Agreement attached to this Decision is consistent with the negotiating Directives referred to above; whereas it therefore satisfies the concept of internationally agreed humane trapping standards referred to in the second indent of Article 3(1) of Regulation (EEC) No 3254/91;Whereas the Agreement's main purpose is to lay down harmonised technical standards offering a sufficient level of protection to the welfare of trapped animals and governing both the production and use of traps, and to facilitate trade between the Parties in traps, pelts and products manufactured from species covered by the Agreement;Whereas implementation of the Agreement requires a timetable to be established for testing and certifying the conformity of traps with the standards laid down by the Agreement and for the replacement of uncertified traps;Whereas, pending the entry into force of the Agreement between the three Parties, it is necessary that the Agreement be applied as soon as possible between Canada and the European Community;Whereas the Agreement on international humane trapping standards between the European Community, Canada and the Russian Federation and the Agreed Minute between Canada and the European Community concerning the signing of the Agreement should be approved,HAS DECIDED AS FOLLOWS:Article 1 The Agreement on international humane trapping standards between the European Community, Canada and the Russian Federation and the Agreed Minute between Canada and the European Community concerning the signing of the Agreement are hereby approved.The texts of the Agreement and of the Agreed Minute are attached to this Decision along with the declarations to be lodged when the Agreement is signed.Article 2 The President of the Council shall deposit the instrument of conclusion provided for in Article 17(2) of the Agreement.Done at Brussels, 26 January 1998.For the CouncilThe PresidentR. COOK(1) OJ C 207, 8. 7. 1997, p. 14.(2) OJ C 14, 19. 1. 1998.(3) OJ L 308, 9. 11. 1991, p. 1.


Important legal notice

|

52007BP0135(01)

1. European Parliament decision of 24 April 2007 on the discharge for implementation of the European Union general budget for the financial year 2005, Section VII - Committee of the Regions (C6-0470/2006 - 2006/2076(DEC))

Official Journal 074 E , 20/03/2008 P. 0339 - 0340

		1.European Parliament decision of 24 April 2007 on the discharge for implementation of the European Union general budget for the financial year 2005, Section VII — Committee of the Regions (C6-0470/2006 — 2006/2076(DEC))The European Parliament,- having regard to the European Union general budget for the financial year 2005 [1],- having regard to the final annual accounts of the European Communities for the financial year 2005 — Volume I (C6-0470/2006) [2],- having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2005 and the Court of Auditors' special reports, together with the audited institutions' replies [3],- having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty [4],- having regard to Articles 272(10), 274, 275 and 276 of the EC 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 50, 86, 145, 146 and 147 thereof,- having regard to Rule 71 of and Annex V to its Rules of Procedure,- having regard to the report of the Committee on Budgetary Control (A6-0106/2007),1. Grants the Committee of the Regions' Secretary-General discharge for the implementation of the Committee of the Regions budget for the financial year 2005;2. Sets out its observations in the resolution below;3. Instructs its President to forward this decision and the resolution that forms an integral part of it to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions, the European Ombudsman and the European Data Protection Supervisor, and to arrange for their publication in the Official Journal of the European Union (L series).[1] OJ L 60, 8.3.2005.[2] OJ C 264, 31.10.2006, p. 1.[3] OJ C 263, 31.10.2006, p. 1.[4] OJ C 263, 31.10.2006, p. 10.[5] OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).--------------------------------------------------


Avis juridique important

|

32000D0547

2000/547/EC, ECSC, Euratom: Decision of the European Parliament of 6 July 2000 closing the accounts relating to the implementation of the general budget of the European Union for the 1998 financial year

Official Journal L 234 , 16/09/2000 P. 0033 - 0035 Official Journal 121 , 24/04/2001 P. 0351 - 0353

Decision of the European Parliamentof 6 July 2000closing the accounts relating to the implementation of the general budget of the European Union for the 1998 financial year(2000/547/EC, ECSC, Euratom)THE EUROPEAN PARLIAMENT,Having regard to the budget of the European Union for the 1998 financial year,Having regard to the consolidated revenue and expenditure account and balance sheet for the 1998 financial year(1),Having regard to the annual report concerning the 1998 financial year (C5-0266/1999)(2) and the special reports of the Court of Auditors and the Institutions' replies,Having regard to the Statement of Assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (C5-0266/1999)(3),Having regard to the Council recommendation of 13 March 2000 (C5-0154/2000),Having regard to its resolution of 13 April 2000 on the postponement of discharge to the Commission in respect of implementation of the general budget of the European Union for the 1998 financial year,Having regard to the ECSC Treaty and in particular Article 78g thereof,Having regard to the EC Treaty and in particular Article 276 thereof,Having regard to the EAEC Treaty and in particular Article 180b thereof,Having regard to Rule 93 of and Annex V to its Rules of Procedure,Having regard to the report of the Committee on Budgetary Control (A5-0190/2000),Whereas:pursuant to Article 275 of the EC Treaty responsibility for drawing up the revenue and expenditure account lies with the Commission,1. Notes that the estimated revenue for the 1998 financial year and the resources finally approved for payments amounted to:>TABLE>2. Notes the following amounts relating to commitments:>TABLE>3. Notes the following consolidated revenue and expenditure account for the 1998 financial year drawn up by the Commission:>TABLE>4. Notes the following consolidated balance sheet drawn up by the Commission:ASSETS>TABLE>LIABILITIES>TABLE>5. Recalls that, according to the statements made by the Court of Auditors in the context of its abovementioned Statement of Assurance, the figures presented in the consolidated revenue and expenditure account are marred by a number of errors and weaknesses:(a) the understatement of fixed assets, essentially buildings, by around ECU 540 million;(b) a net overstatement of debtors in the region of ECU 1000 million principally resulting from the overstatement of sums likely to be recovered for unpaid customs duties and agricultural levies;(c) an understatement of cash and debtors amounting to at least ECU 600 million because some amounts held on bank accounts, or paid as advances to third parties which act as agents for the Commission, have been omitted from the balance sheet;(d) the inaccurate and inadequate presentation of information on advances and payments on account at 31 December 1998;(e) the overstatement of commitments still to be settled by some ECU 660 million;(f) the omission of certain commitments (ECU 352,7 million) and potential liabilities (at least ECU 2794 million);6. Approves the closure of the accounts for the implementation of the general budget for the financial year 1998.7. Instructs its President to forward this Decision to the Commission, the Council, the Court of Justice, the Court of Auditors and the European Investment Bank and to have it published in the Official Journal of the European Communities (L series).The Secretary-GeneralJulian PriestleyThe PresidentNicole Fontaine(1) OJ C 350, 3.12.1999, p. 1.(2) OJ C 349, 3.12.1999.(3) OJ C 349, 3.12.1999, pp. 168 and 169.


title: Council Decision of 21 October 2010 on the position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, with regard to the adoption of provisions on the coordination of social security systems

text:
               23.11.2010

               EN

               Official Journal of the European Union

               L 306/8

         COUNCIL DECISION
   of 21 October 2010
   on the position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, with regard to the adoption of provisions on the coordination of social security systems
   (2010/698/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(b) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article 67 of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part (1) (the Agreement), provides that the Association Council shall adopt provisions to implement the principles on the coordination of social security systems as set out in Article 65 of the Agreement before the end of the first year following its entry into force.

               (2)

               Objective 29, second indent, of the EU-Tunisia Action Plan adopted by the Association Council in the context of the European Neighbourhood Policy on 4 July 2005 calls for the adoption by the Association Council of a decision implementing Article 65 of the Agreement.

               (3)

               In accordance with Articles 1 and 2 of Protocol (No 22) on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (4)

               In accordance with Articles 1 and 2 of Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on the European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Decision and are not bound by it nor subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, concerning the implementation of Article 67 of the Agreement, shall be based on the draft decision of the Association Council attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 21 October 2010.

            For the Council

            The President

         J. MILQUET

      (1)  OJ L 97, 30.3.1998, p. 2.
    ---documentbreak---

               23.11.2010

               EN

               Official Journal of the European Union

               L 306/9

         Draft
   DECISION No …/… OF THE ASSOCIATION COUNCIL
   set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part,
   of …
   with regard to the provisions on the coordination of social security systems contained in the Euro-Mediterranean Agreement
   THE ASSOCIATION COUNCIL,
   Having regard to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part, (1) and in particular Article 67 thereof,
   Whereas:

               (1)

               Articles 65 to 68 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part (the Agreement), provide for the coordination of the social security systems of Tunisia and the Member States. Article 65 lays down the principles for such coordination.

               (2)

               Article 67 of the Agreement provides that the Association Council shall adopt a decision implementing the principles set out in Article 65 before the end of the first year following the entry into force of the Agreement.

               (3)

               Objective 29, second indent, of the EU-Tunisia Action Plan, as adopted by the Association Council in the context of the European Neighbourhood Policy on 4 July 2005, calls for the adoption of a decision implementing Article 65 of the Agreement.

               (4)

               With regard to the application of the non-discrimination principle, this Decision should not give any additional rights arising from certain facts or events occurring on the territory of the other contracting party, where such facts or events are not taken into account under the legislation of the first contracting party, other than the right to export certain benefits.

               (5)

               In applying this Decision, the right of Tunisian workers to family benefits should be subject to the condition that their family members legally reside with these workers in the Member State where the workers are employed. This Decision should not give any entitlement to family benefits with respect to members of their family who reside in another State, for instance Tunisia.

               (6)

               Council Regulation (EC) No 859/2003 (2) already extends the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the grounds of their nationality. Regulation (EC) No 859/2003 already covers the principle of aggregation of insurance periods acquired by Tunisian workers in the various Member States regarding entitlement to certain benefits, as set out in Article 65(2) of the Agreement.

               (7)

               It might be necessary to lay down special provisions which correspond to the specific characteristics of the legislation of Tunisia, in order to facilitate the application of the coordination rules.

               (8)

               To ensure the smooth functioning of the coordination of the social security systems of the Member States and of Tunisia, it is necessary to provide for specific provisions regarding the cooperation between the Member States and Tunisia as well as between the person concerned and the institution of the competent State.

               (9)

               Transitional provisions should be adopted to protect the persons covered by this Decision and to ensure that they do not lose rights as a result of its entry into force,

         HAS ADOPTED THIS DECISION:
   PART I

      GENERAL PROVISIONS

   Article 1
   Definitions
   1.   For the purposes of this Decision:

               (a)

               ‘Agreement’ means the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Tunisia, of the other part;

               (b)

               ‘Regulation’ means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3) as applicable in the Member States of the European Union;

               (c)

               ‘implementing Regulation’ means Regulation (EC) No 987/2009 of the European Parliament and the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (4);

               (d)

               ‘Member State’ means a Member State of the European Union;

               (e)

               ‘worker’ means,

                           (i)

                           for the purposes of the legislation of a Member State, a person pursuing an activity as an employed person within the meaning of Article 1(a) of the Regulation;

                           (ii)

                           for the purposes of the legislation of Tunisia, a person pursuing an activity as an employed person within the meaning of that legislation;

               (f)

               ‘member of the family’ means,

                           (i)

                           for the purposes of the legislation of a Member State, a member of the family within the meaning of Article 1(i) of the Regulation;

                           (ii)

                           for the purposes of the legislation of Tunisia, a member of the family within the meaning of that legislation;

               (g)

               ‘legislation’ means,

                           (i)

                           in relation to the Member States, legislation within the meaning of Article 1(l) of the Regulation;

                           (ii)

                           in relation to Tunisia, the corresponding relevant legislation as applicable in Tunisia;

               (h)

               ‘benefits’ means,

                           (i)

                           in relation to the Member States, benefits within the meaning of Article 3 of the Regulation;

                           (ii)

                           in relation to Tunisia, the corresponding benefits applying in Tunisia;

               (i)

               ‘exportable benefits’ means,

                           (i)

                           in relation to the Member States:

                                       —

                                       old-age pensions,

                                       —

                                       survivors’ pensions,

                                       —

                                       pensions in respect of accidents at work and occupational diseases,

                                       —

                                       invalidity pensions related to accidents at work and occupational diseases,

                                 within the meaning of the Regulation, with the exception of special non-contributory cash benefits as listed in Annex X to the Regulation;

                           (ii)

                           in relation to Tunisia, the corresponding benefits provided under the legislation of Tunisia, with the exception of special non-contributory cash benefits as set out in Annex I to this Decision.

         2.   Other terms used in this Decision shall have the meaning which is assigned to them:

               (a)

               in relation to the Member States, in the Regulation and the implementing Regulation;

               (b)

               in relation to Tunisia, in the relevant legislation as applicable in Tunisia.

         Article 2
   Persons covered
   This Decision shall apply:

               (a)

               to workers who are Tunisian nationals and who are or have been legally employed in the territory of a Member State and who are or have been subject to the legislation of one or more Member States, and their survivors;

               (b)

               to the members of the family of workers referred to in point (a) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in a Member State;

               (c)

               to workers who are nationals of a Member State who are or have been legally employed in the territory of Tunisia and who are or have been subject to the legislation of Tunisia, and their survivors; and

               (d)

               to the members of the family of workers referred to in point (c) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in Tunisia.

         Article 3
   Equality of treatment
   1.   Workers who are Tunisian nationals and are legally employed in a Member State and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to nationals of the Member States in which those workers are employed.
   2.   Workers who are nationals of a Member State and are legally employed in Tunisia and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to Tunisian nationals.
   PART II

      RELATIONS BETWEEN THE MEMBER STATES AND TUNISIA

   Article 4
   Waiving of residence clauses
   1.   Exportable benefits within the meaning of Article 1(1)(i) to which the persons as referred to in Article 2(a) and (c) are entitled shall not be subject to any reduction, modification, suspension, withdrawal or confiscation by reason of the fact that the beneficiary is residing,

               (i)

               for the purpose of a benefit under the legislation of a Member State, within the territory of Tunisia; or

               (ii)

               for the purpose of a benefit under the legislation of Tunisia, within the territory of a Member State.

         2.   Family members of a worker as referred to in Article 2(b) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of the Member State concerned when these family members reside within the territory of Tunisia.
   3.   Family members of a worker as referred to in Article 2(d) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of Tunisia when these family members reside within the territory of a Member State.
   PART III

      MISCELLANEOUS PROVISIONS

   Article 5
   Cooperation
   1.   The Member States and Tunisia shall communicate to each other all information regarding changes in their legislation which may affect the implementation of this Decision.
   2.   For the purposes of this Decision, the authorities and institutions of the Member States and of Tunisia shall lend one another their good offices and act as though implementing their own legislation. The administrative assistance given by the said authorities and institutions shall, as a rule, be free of charge. However, the competent authorities of the Member States and of Tunisia may agree to certain expenses being reimbursed.
   3.   The authorities and institutions of the Member States and of Tunisia may, for the purposes of this Decision, communicate directly with one another and with the persons involved or their representatives.
   4.   The institutions and persons covered by this Decision shall have a duty of mutual information and cooperation to ensure the correct implementation of this Decision.
   5.   The persons concerned must inform the institutions of the competent Member State or Tunisia, where the latter is the competent State, and of the Member State of residence or Tunisia, where the latter is the State of residence, as soon as possible of any change in their personal or family situation which affects their right to benefits under this Decision.
   6.   Failure to respect the obligation of information referred to in paragraph 5 may result in the application of proportionate measures in accordance with national law. Nevertheless, these measures shall be equivalent to those applicable to similar situations under domestic law and shall not make it impossible or excessively difficult in practice for claimants to exercise the rights conferred on them by this Decision.
   7.   The Member States and Tunisia may provide for national provisions that establish conditions for the verification of entitlement to benefits to take into account the fact that the beneficiaries are staying or residing outside the territory of the State where the debtor institution is located. Such provisions shall be proportionate, free from any discrimination based on nationality and in accordance with the principles of this Decision. Such provisions shall be notified to the Association Council.
   Article 6
   Administrative checks and medical examinations
   1.   This Article shall apply to the persons as referred to in Article 2 and in receipt of exportable benefits as referred to in Article 1(1)(i), as well as to the institutions in charge of the implementation of this Decision.
   2.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing within the territory of a Member State when the debtor institution is located in Tunisia or in Tunisia when the debtor institution is located in a Member State, the medical examination shall be carried out, at the request of that institution, by the institution of the beneficiary’s place of stay or residence in accordance with the procedures laid down by the legislation applied by that institution.
   The debtor institution shall inform the institution of the place of stay or residence of any special requirements, if necessary, to be followed and points to be covered by the medical examination.
   The institution of the place of stay or residence shall forward a report to the debtor institution that requested the medical examination.
   The debtor institution shall reserve the right to have the beneficiary examined by a doctor of its choice, either in the territory where the recipient or claimant of benefit is staying or residing or in the country where the debtor institution is located. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.
   3.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing in the territory of a Member State when the debtor institution is located in Tunisia or in Tunisia when the debtor institution is located in a Member State, the administrative check shall, at the request of the debtor institution, be performed by the institution of the beneficiary’s place of stay or residence.
   The institution of the place of stay or residence shall forward a report to the debtor institution that requested the administrative check.
   The debtor institution shall reserve the right to have the situation of the beneficiary examined by a professional of its choice. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.
   4.   One or more Member States and Tunisia may agree on other administrative provisions, subject to their informing the Association Council thereof.
   5.   As an exception to the principle of free-of-charge mutual administrative assistance set out in Article 5(2) of this Decision, the effective amount of the expenses of the checks referred to in paragraphs 2 and 3 of this Article shall be refunded to the institution which was requested to carry them out by the debtor institution which requested them.
   Article 7
   Application of Article 90 of the Agreement
   Article 90 of the Agreement shall apply in case either Party considers that the other Party has not complied with the obligations as laid down in Articles 5 and 6.
   Article 8
   Special provisions for the application of the legislation of Tunisia
   The Association Council may, if necessary, lay down special provisions for the application of the legislation of Tunisia in Annex II.
   Article 9
   Administrative procedures from existing bilateral agreements
   Administrative procedures contained in existing bilateral agreements between a Member State and Tunisia may continue to apply provided that those procedures do not adversely affect the rights or obligations of the persons concerned established by this Decision.
   Article 10
   Agreements supplementing the procedures for implementing this Decision
   One or more Member States and Tunisia may conclude agreements designed to supplement the administrative procedures for implementing this Decision, especially with regard to preventing and combating fraud and error.
   PART IV

      TRANSITIONAL AND FINAL PROVISIONS

   Article 11
   Transitional provisions
   1.   No rights shall be acquired pursuant to this Decision for the period before its date of entry into force.
   2.   Subject to paragraph 1, a right shall be acquired under this Decision even if it relates to a contingency arising before its date of entry into force.
   3.   Any benefit which has not been awarded or which has been suspended by reason of the nationality or place of residence of the person concerned shall, at the request of that person, be provided or resumed with effect from the date of entry into force of this Decision, provided that the rights for which benefits were previously provided have not given rise to a lump-sum payment.
   4.   If a request as referred to in paragraph 3 is submitted within two years from the date of entry into force of this Decision, the rights acquired in accordance with this Decision shall have effect from the date of entry into force of this Decision, and the legislation of any Member State or Tunisia concerning the forfeiture or limitation of rights may not be invoked against the persons concerned.
   5.   If a request as referred to in paragraph 3 is submitted after the expiry of the two-year period following the date of entry into force of this Decision, rights not forfeited or not time-barred shall have effect from the date on which the request was submitted, subject to any more favourable provisions under the legislation of any Member State or Tunisia.
   Article 12
   Annexes to this Decision
   1.   The Annexes to this Decision constitute an integral part thereof.
   2.   At the request of Tunisia, the said Annexes may be amended by a decision of the Association Council.
   Article 13
   Entry into force
   This Decision shall enter into force on the first day of the first month following the date of its publication in the Official Journal of the European Union.

      Done at …, …

            For the Association Council

            The President

      (1)  OJ L 97, 30.3.1998, p. 2.

      (2)  OJ L 124, 20.5.2003, p. 1.

      (3)  OJ L 166, 30.4.2004, p. 1.

      (4)  OJ L 284, 30.10.2009, p. 1.
   ANNEX I

      LIST OF TUNISIAN SPECIAL NON-CONTRIBUTORY CASH BENEFITS

   …
   ANNEX II

      SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF TUNISIA

   …


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32001D0885

2001/885/EC: Commission Decision of 6 December 2001 conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Republic of Latvia in the pre-accession period

Official Journal L 327 , 12/12/2001 P. 0045 - 0046

Commission Decisionof 6 December 2001conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Republic of Latvia in the pre-accession period(2001/885/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1266/1999 of 21 June 1999 on co-ordinating aid to the applicant countries in the framework of the pre-accession strategy and amending Regulation (EEC) No 3906/89(1), and in particular Article 12(2) thereof,Having regard to Commission Regulation (EC) No 2222/2000(2) of 7 June 2000 laying down financial rules for the application of Council Regulation (EC) No 1268/1999(3) on Community support for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre-accession period, and in particular Article 3(2) thereof,Whereas:(1) In accordance with Article 4(5) of Regulation (EC) No 1268/1999 of 21 June 1999 on Community support for pre-accession measures for agriculture and rural development in the Applicant Countries of central and eastern Europe in the pre-accession period, a Programme for Agriculture and Rural Development was approved by Commission Decision C(2000) 3097-final on 25 October 2000 for the Republic of Latvia.(2) The government of the Republic of Latvia and the Commission, acting on behalf of the European Community, have signed on 25 January 2001 the Multiannual Financing Agreement laying down the technical, legal and administrative framework for the execution of the Sapard Programme.(3) Regulation (EC) No 1266/1999 provides that the ex ante approval requirement referred to in Article 12(1) of Regulation (EC) No 1266/1999 may be waived on the basis of a case-by-case analysis of national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance; Regulation (EC) No 2222/2000 provides for detailed rules for the carrying out of said analysis.(4) The Competent authority of the Republic of Latvia has appointed on the one hand, the Rural Support Service for the implementation of measures "Modernisation of agriculture machinery, equipment and construction of buildings"; "Afforestation of agricultural lands"; " Improvement of agricultural and fisheries product processing and marketing"; "Development and diversification of economic activities providing for alternative income", "Improvement of general rural infrastructure" and "Training" as defined in the Programme for Agriculture and Rural Development that was approved by Commission Decision C(2000) 3097-final on 25 October 2000 for the Republic of Latvia and, on the other, the Ministry of Finance, National Fund, for the financial functions it is due to perform in the framework of the implementation of the Sapard programme.(5) Pursuant to Regulation (EC) No 1266/1999 and Regulation (EC) No 2222/2000, the Commission has analysed the national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance and has established that, for the implementation of the aforementioned measures, the Republic of Latvia complies with the provisions of Articles 4 to 6 and of the Annex to the Regulation (EC) No 2222/2000 of 7 June 2000, with the minimum conditions set out in the Annex to the Regulation (EC) No 1266/1999.(6) In particular, the Rural Support Service has implemented the following key accreditation criteria satisfactorily: written procedures, segregation of duties, pre-project approval and pre-payment checks, payment procedures, accounting procedures, computer security, internal audit, and, where appropriate, public procurement provisions.(7) On 16 of November 2001 the Latvian authorities provided a list of eligible expenditure in conformity with Article 4(1), section B of the Multi Annual Financial Agreement and the Commission did not raise objections to this list.(8) The Ministry of Finance, National Fund has implemented the following criteria satisfactorily for the financial functions it is due to perform in the framework of the implementation of the Sapard programme for the Republic of Latvia: audit trail, treasury management, receipt of funds, disbursement to beneficiaries, computer security and internal audit.(9) It is therefore appropriate to waive the ex ante approval requirement referred to in Article 12(1) of Regulation (EC) No 1266/1999 and to confer on the Rural Support Service and on the Ministry of Finance, National Fund in the Republic of Latvia the management of aid on a decentralised basis.(10) However, since the verifications carried out by the Commission are based on an operational but not operating system, it is at this stage appropriate to confer the management of the Sapard Programme on the Rural Support Service and on the Ministry of Finance, National Fund on a provisional basis.(11) The full conferral of management of the Sapard Programme is only envisaged after further verifications in order to ensure that the system operates satisfactorily have been carried out and after any recommendations the Commission may issue, with regard to the conferral of management of aid on the Rural Support Service and on the Ministry of Finance, National Fund, have been implemented,HAS DECIDED AS FOLLOWS:Article 1The requirement of ex ante approval by the Commission of project selection and contracting by the Republic of Latvia is hereby waived.Article 2Management of the Sapard Programme is conferred on a provisional basis to:1. the Rural Support Service of the Republic of Latvia, Republikas laukums 2, Riga LV 1981 for the implementation of the measures: "Modernisation of agriculture machinery, equipment and construction of buildings"; "Afforestation of agricultural lands"; "Improvement of agricultural and fisheries product processing and marketing"; "Development and diversification of economic activities providing for alternative income"; "Improvement of general rural infrastructure" and "Training" as defined in the Programme for Agricultural and Rural Development that was approved by Commission Decision C(2000) 3097-final on 25 October 2000; and2. the Ministry of Finance, National Fund, located at Smilsu iela 1, Riga LV1919, Republic of Latvia, for the financial functions it is due to perform in the framework of the implementation of the Sapard programme for the Republic of Latvia.Done at Brussels, 6 December 2001.For the CommissionFranz FischlerMember of the Commission(1) OJ L 161, 26.6.1999, p. 68.(2) OJ L 253, 7.10.2000, p. 5.(3) OJ L 161, 26.6.1999, p. 87.


Avis juridique important

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32002D0298

2002/298/EC: Commission Decision of 15 April 2002 conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Czech Republic in the pre-accession period

Official Journal L 102 , 18/04/2002 P. 0032 - 0033

Commission Decisionof 15 April 2002conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Czech Republic in the pre-accession period(2002/298/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1266/1999 of 21 June 1999 on coordinating aid to the applicant countries in the framework of the pre-accession strategy and amending Regulation (EEC) No 3906/89(1), and in particular Article 12(2) thereof,Having regard to Commission Regulation (EC) No 2222/2000 of 7 June 2000 laying down financial rules for the application of Council Regulation (EC) No 1268/1999 on Community support for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre-accession period(2), as amended by Regulation (EC) No 2252/2001(3), and in particular Article 3(2) thereof,Whereas:(1) In accordance with Article 4(5) of Council Regulation (EC) No 1268/1999 of 21 June 1999 on Community support for pre-accession measures for agriculture and rural development in the Applicant Countries of central and eastern Europe in the pre-accession period(4), as last amended by Regulation (EC) No 2500/2001(5), a Programme for Agriculture and Rural Development was approved by Commission Decision C(2000) 3105 final of 26 October 2000 for the Czech Republic.(2) The Government of the Czech Republic and the Commission, acting on behalf of the European Community, has signed on 5 February 2001 the Multiannual Financing Agreement laying down the technical, legal and administrative framework for the execution of the Sapard Programme.(3) Regulation (EC) No 1266/1999 provides that the ex-ante approval requirement referred to in Article 12(1) thereof may be waived on the basis of a case-by-case analysis of national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance; Regulation (EC) No 2222/2000 provides for detailed rules for the carrying out of said analysis.(4) The competent authority of the Czech Republic has appointed the Sapard Agency for the implementation of measures "Investments in Agricultural Holdings"; "Improving the processing and marketing of agricultural and fishery products"; "Improving the structures for quality controls of foodstuffs and for consumer protection"; "Land improvement and reparcelling"; "Renovation and development of villages and rural infrastructure"; "development and diversification of economic activities providing for multiple activities and alternative income"; "Technical Assistance" as defined in the Programme for Agriculture and Rural Development that was approved by Decision C(2000) 3105 final for the Czech Republic. The Ministry of Finance, National Fund has been appointed for the financial functions it is due to perform in the framework of the implementation of the Sapard programme.(5) Pursuant to Regulation (EC) No 1266/1999 and Regulation (EC) No 2222/2000, the Commission has analysed the national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance and has established that, for the implementation of the aforementioned measures, the Czech Republic complies with the provisions of Articles 4 to 6 and of the Annex to Regulation (EC) No 2222/2000, with the minimum conditions set out in the Annex to Regulation (EC) No 1266/1999.(6) In particular, the Sapard Agency has implemented the following key accreditation criteria satisfactorily: written procedures, segregation of duties, pre-project approval and pre-payment checks, payment procedures, accounting procedures, computer security, internal audit, and, where appropriate, public procurement provisions.(7) On 1 February 2002 the Czech authorities provided a list of eligible expenditure in conformity with Article 4(1), section B of the Multiannual Financial Agreement, this did not give rise to objections by the Commission.(8) The Ministry of Finance, National Fund has implemented the following criteria satisfactorily for the financial functions it is due to perform in the framework of the implementation of the Sapard programme for the Czech Republic: audit trail, treasury management, receipt of funds, disbursement to beneficiaries, computer security and internal audit.(9) It is therefore appropriate to waive the ex-ante approval requirement referred to in Article 12(1) of Regulation (EC) No 1266/1999 and to confer on the Sapard Agency and on the Ministry of Finance, National Fund, in the Czech Republic the management of aid on a decentralised basis.(10) However, since the verifications carried out by the Commission are based on an operational but not operating system it is therefore appropriate to confer the management of the Sapard Programme on the Czech Republic and on the Ministry of Finance, National Fund, on a provisional basis.(11) The full conferral of management of the Sapard Programme is only envisaged after further verifications in order to ensure that the system operates satisfactorily have been carried out and after any recommendations the Commission may issue, with regard to the conferral of management of aid on the Sapard Agency and on the Ministry of Finance, National Fund, have been implemented,HAS DECIDED AS FOLLOWS:Article 1The requirement of ex-ante approval by the Commission of project selection and contracting by the Czech Republic is hereby waived.Article 2Management of the Sapard Programme is conferred on a provisional basis to:1. the Sapard Agency of the Czech Republic, Tesnov 17, 117 05 Prague 1 for the implementation of measures "Investments in Agricultural Holdings"; "Improving the processing and marketing of agricultural and fishery products"; "Improving the structures for quality controls of foodstuffs and for consumer protection"; "Land improvement and reparcelling"; "Renovation and development of villages and rural infrastructure"; "Development and diversification of economic activities providing for multiple activities and alternative income"; "Technical Assistance" as defined in the Programme for Agricultural and Rural Development that was approved by Decision C(2000) 3105 final; and2. the Ministry of Finance, National Fund, located at Letenska 15, 118 10 Prague 1, Czech Republic, for the financial functions it is due to perform in the framework of the implementation of the Sapard programme for the Czech Republic.Done at Brussels, 15 April 2002.For the CommissionFranz FischlerMember of the Commission(1) OJ L 161, 26.6.1999, p. 68.(2) OJ L 253, 7.10.2000, p. 5.(3) OJ L 304, 21.11.2001, p. 8.(4) OJ L 161, 21.6.1999, p. 87.(5) OJ L 342, 27.12.2001, p. 1.


title: 2010/312/: Council Decision of 3 June 2010 appointing three Danish alternate members of the Committee of the Regions

text:
               8.6.2010

               EN

               Official Journal of the European Union

               L 140/27

         COUNCIL DECISION
   of 3 June 2010
   appointing three Danish alternate members of the Committee of the Regions
   (2010/312/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Danish Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU and 2010/29/EU appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015 (1).

               (2)

               Three alternate members’ seats on the Committee of the Regions have become vacant following the end of the term of office of Mr Bent HANSEN, Mr Carl HOLST and Mr Bent LARSEN,

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

               —

               Mr Lasse KRULL, Regionsrådsmedlem,

               —

               Ms Bente LAURIDSEN, Regionsrådsmedlem,

               —

               Mr Ole B. SØRENSEN, Regionsrådsmedlem.

         Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Luxembourg, 3 June 2010.

            For the Council

            The President

         A. PÉREZ RUBALCABA

      (1)  OJ L 348, 29.12.2009, p. 22 and OJ L 12, 19.1.2010, p. 11.


title: Commission Decision of 19 February 1971 setting up a Joint Advisory Committee on Social Questions arising in the Railway Industry

text:
                                   Official Journal of the European Communities                                   25
 No L 57/22                         Official Journal of the European Communities                             10.3.71
                                             COMMISSION DECISION
                                                of 19 February 1971
              setting up a Joint Advisory Committee on Social Questions arising in the Railway
                                                       Industry
                                                   (71 / 122/EEC)
 THE COMMISSION OF THE EUROPEAN                                                       Article 1
COMMUNITIES,
                                                              There shall be attached to the Commission a Com
                                                              mittee called the ' Joint Advisory Committee on So
 Whereas in its Memorandum of 10 April 1961 on the            cial Questions arising in the Railway Industry'.
guidelines for the common transport policy, the Com
mission indicated the course to be followed in ap                                    Article 2
plying to transport in general rules and provisions
provided for by the Treaty under the Community's              1 . The Commission may request the Committee for
social policy, which entails a number of measures             an opinion on any special question arising in the
concerning the common transport policy; whereas in            railway industry.
its action programme of 23 May 1962 on the com
mon transport policy the Commission set out in a              2 . The Commission may, when seeking the opinion
more concrete form its views on harmonization in              of the Committee, set a time limit within which such
 social matters as part of the common transport               opinion shall be given.
policy;
                                                              3 . In the event of unanimous agreement being
Whereas in their Opinions on the proposed Council             reached in the Committee on the opinion to be given
                                                              to the Commission, the Committee shall formulate
Decision on the harmonization of certain provisions
affecting competition in transport by rail, road and          joint conclusions and attach them to the report of its
inland waterway the European Parliament and the               proceedings forwarded to the Commission.
Economic and Social Committee expressed the wish
to see set up a joint committee representing the two          4. Otherwise the opinions expressed shall be in
sides of industry;                                            cluded in that report.
                                                                                Article 3
Whereas by its Decisions of 5 July 19651 and 28 No
vember 19672 the Commisison has already set up                The Committee shall discuss matters on which the
 Joint Advisory Committees on Social Questions                Commission has requested an opinion.
arising in, respectively, Road Transport and Inland
Navigation, and whereas the grounds then put for                                     Article 4
ward now justify, in view of progress achieved, the           1 . The Committee shall consist of 42 full members
setting up of a joint advisory committee on social            and 42 alternate members .
questions arising in the railway industry;
                                                              2. Seats on the Committee shall be apportioned as
Whereas the special links existing in all Member              follows :
States between the State and railway undertakings
make it justifiable for representatives of the Member         - to representatives of Governments, 14 full mem
States to participate alongside the representatives               bers and 14 alternate members;
from the undertakings in the work of the committee,           - to railway undertakings, 14 full members and 14
                                                                  alternate members ;
HAS DECIDED AS FOLLOWS :
                                                              - to railway employees, 14 full members and 14 al
                                                                  ternate members .
1 OJ No 130,16.7.1965 .                                       3 . Alternate members shall attend Committee meet
2 OJ No 297, 7.10.1967.                                       ings and take part in the work of the Committee only
 ---pagebreak---  26                                Official Journal of the European Communities
 in the event of full members being unable to do so,
 except where, in pursuance of Article 10, they are           4. No member of the Committee may hold suc
 attending as experts.                                        cessively the offices of Chairman and Vice-Chairman
                                                              during a period exceeding two full terms of office as
                        Article 5                             laid down under paragraph 3 .
 The members of the Committee representing em
 ployees or undertakings shall be appointed by the                                   Article 8
 Commission on proposals from the following organi           1 . The Chairman shall be responsible for relations
 zations set up at Community level to represent the           with the Commission.
 various sections of the industry:
                                                             2. The Chairman .and Vice-Chairman acting jointly .
 Employees:                                                   may draw the attention of the Commission to the
 - Committee of ITF Unions in the EEC (ITF -                  desirability of consulting the Committee on a matter
     ICFTU) :                                                within the latter's competence on which its views
 - European Transport Committee (ETC - WCL);                  have not been sought. They shall do so where the
                                                              request for consultation is made by one-third of the i
 - CGT - CGIL Standing Committee.                             members of the Committee.
 Undertakings:                                                                       Article 9
 - Common Market Group of the International Union
     of Railways (UIC).                                      The Committee may set up working parties to pre
                                                             pare, on specific questions or in specific fields, draft
 The members representing the Member States shall            opinions to be submitted to the Committee for con
 be nominated by their respective Governments.               sideration. These working parties shall consist of a
                                                             limited number of full or alternate members.
 The list of the members of the Committee shall be
published for information purposes in the Official                                  Article 10
Journal of the European Communities.                         The Chairman may propose to the Commission that
                                                             it should invite any person with special qualifications
                        Article 6                            in a subject on the agenda to take part in an expert
 1 . The term of office for members and alternates           capacity in meetings of the Committee or of a work
shall be three years. Their appoinments may be               ing party of the Committee. The Chairman shall do
renewed.                                                     so when requested by any of the organizations men
                                                             tioned in Article 5 or by a representative of a Mem
2. After expiry of the three years members and alter        ber State. Experts shall be present only at the dis
nates shall remain in office until replaced.                 cussion of those questions on account of which they
                                                             were invited .
3 . In the event of the death or resignation of a mem
ber or alternate or of his ceasing to belong to the                                 Article 11
organization which he represents, he shall be replaced
for the remainder of his term of office.                      1 . The Committee and working parties shall meet
                                                             when convened by the Commission.
                        Article 7
                                                             2. Representatives of the Commission departments
 1 . The Committee shall, by a two-thirds majority ol        concerned shall take part in these meetings.
members present, elect a Chairman and two Vice
Chairmen from among its full members. The Chair                                    Article 12
man and Vice-Chairmen must each belong to a dif
ferent category of representative.                           Secretarial services shall be provided for the Com
                                                             mittee by the Commission.
2. Should the Chairman or a Vice-Chairman cease to                        /
hold office before the period for which he was                                      Article 13
elected has expired, he shall be replaced for the            An opinion delivered by the Committee shall not be
remainder of his term of office.
                                                             valid unless two-thirds of the members are present.
3 . The term of office for Chairman and Vice-Chair
                                                                                Article 14
men shall be eighteen months.
                                                             Without prejudice to the provisions of Article 214 of
The incoming Chairman shall be elected from among            the Treaty, where the Commission indicates that the
the members belonging to the two categories of re           opinion requested is on a matter of a confidential
presentative other than that to which the outgoing           nature, persons present at the meetings of the Com
Chairman belongs.                                            mittee or of the working parties shall not disclose
 ---pagebreak---                                  Official Journal of the European Communities                    27
information which has come to their knowledge               Done at Brussels, 19 February 1971 .
through the work of the Committee.
                     Article 15                           <              " For the Commission
After hearing the Committee, the Commission may                                  The President
amend this Decision in the light of experience.                            Franco M. MALFATTI


title: 68/252/EEC: Commission Decision of 7 June 1968 setting up a Joint Advisory Committee on Social Questions arising in the Sea Fishing Industry

text:
                                      Official Journal of the European Communities                                 125
  14.6.68                             Official Journal of the European Communities                          No L 132/9
                                                COMMISSION DECISION
                                                      of 7 June 1968
                       setting up a Joint Advisory Committee on Social Questions arising in the
                                                   Sea Fishing Industry
                                                       (68/252/EEC)
THE      COMMISSION         OF THE    EUROPEAN      COM          with such questions should be able to take part in
MUNITIES ,                                                        formulating the Opinions on these matters requested
                                                                  by the Commission;
Whereas in the Report1 on the Situation in the Sea               Whereas the various representative bodies in the sea
 Fishing Industry in Member States of the EEC and                fishing industry have set up organisations at Com
Basic Principles for a Common Policy, Chapter X :                munity level ;
 'Basic principles for a common fisheries policy',
Section F, 'Social policy', the Commission provided
for the setting up of a Joint Advisory Committee                 HAS DECIDED AS FOLLOWS :
with the task of giving its views to the Commission
on all social questions affecting both sides, employers
and workers, of the sea fishing industry ;                                               Article 1
                                                                 1 . There shall be attached to the Commission a Com
Whereas, in points 19 and 20 of its resolution
adopted on 25 January 1968 on the basic principles               mittee called the 'Joint Advisory Committee on
for a common fisheries policy, the European Par                 Social Questions arising in the Sea Fishing Industry'.
liament requested that a Joint Advisory Committee                2 . The Committee shall consist of representatives of
be set up on social questions arising in the sea                 fisheries employers and workers .
fishing industry ;
                                                                                Article 2
Whereas, in its Opinion of 7 November 1967, the
 Commission for Social Affairs and Public Health of              The Committee may be consulted by the Com
the European Parliament stressed the desirability                mission on all social questions affecting the two
of setting up a Joint Advisory Committee ;                       sides, employers and workers, of the sea fishing
                                                                 industry.
Whereas the Economic and Social Committee, in its
 Opinion of 26 January 1967, referred under point 6              The Chairman and Vice-Chairman acting jointly may
to various social questions affecting the two sides              draw the attention of the Commission to the de
of the sea fishing industry which make it essential              sirability of consulting the Committee on any matter
that consultations should be held between represen              within the latter's competence on which its opinion
 tatives of fisheries employers and workers ;                    has not been sought. They shall do so where the
                                                                 request for consultation is made by one half of the
Whereas, during the consultations between the two                members of the Committee.
sides of industry held on 3 and 4 November 1966
on the social aspects of a common fisheries policy,                                      Article 3
the ' employers and workers unanimously expressed
the wish that a Joint Advisory Committee be set                  ( a) The Committee shall consist of twenty-four full
 up as soon as possible;                                              members and twenty-four alternate members .
Whereas it is important that the Commission obtain               ( b) Seats on the Committee shall be apportioned as
the views of the two sides of industry on social                      follows :
questions arising in sea fisheries which concern them                 — to employers, twelve full members and twelve
as such and that the two sides directly concerned                         alternate members ;
                                                                      — to workers twelve full members and twelve
1 OJ No 58 , 29.3.1967.                                                   alternate members .
 ---pagebreak---    126                                 Official Journal of the European Communities
  (c) Alternate members shall attend Committee meet              shall be present only at the discussion of that
       ings and take part in the work of the Committee            particular question on account of which they were
       only in the event of full members being unable             invited .
       to do so, except where, in pursuance of Article 6,
                                                                                Article 7
       they are attending as experts .
                           Article 4                              The Committee may set up working parties to pre
                                                                  pare, on specific questions or in specific fields, draft
  (a) Members of the Committee shall be appointed                 Opinions to be submitted to the Committee for
       by the Commission on proposals from the                    consideration. These working parties shall consist of
       following organisations set up at Community                a limited number of members or alternate members .
       level to represent the various sections of the
       industry ;                                                                          Article 8
       Workers:
                                                                  1 . The Committee and the working parties shall
       — Committee of ITF Unions in the EEC (ITF —                meet when convened by the Commission .
           ICFTU);
       — European Transport Committee ( ETC —                    2. Representatives of the Commission departments
           IFCTU);                                                concerned shall take part in these meetings .
       Employers:                                                                         Article 9
       — Association of National Organisations of EEC .
           Fisheries Undertakings (EUROPECHE);                   An Opinion delivered by the Committee shall not
                                                                 be valid unless two thirds of the full members are
       — Special Committee of Fishery Co-operatives in
           EEC Countries ( COGECA).                              present or represented.
 ( b ) The list of Committee members shall be published          The Commission may, when seeking the Opinion of
       for information in the Official Journal of the            the Committee, set a time limit within which such
       European Communities .                                     Opinion shall be given .
 (c) The term of office for members and alternates               In the event of unanimous agreement being reached
       shall be three years . Their appointments may             in the Committee on the Opinion to be given to the
       be renewed. The duties performed shall be                 Commission the Committee shall formulate joint
       unremunerated.                                            conclusions and attach them to the report of its
 After expiry of the three years, members and alter             proceedings forwarded to the Commission. Other
 nates shall remain in office until replaced.                    wise the opinions expressed by each of the sides
                                                                 represented shall be included in that report.
 In the event of the death or resignation of a member
 or alternate, or of his ceasing to belong to the
                                                                                Article 10
 organisation which he represents, he shall be re
 placed for the remainder of his term of office.                 Without prejudice to the provisions of Article 214
                          Article 5                              of the Treaty, where the Commission indicates that
                                                                 the Opinion requested is on a matter of a confidential
The Committee shall, by a two-thirds majority of                 nature, persons present at the meetings of the Com
full members present or represented, elect a Chair              mittee and of the working parties shall not disclose
 man and Vice-Chairman each year from among its                  information which has come to their knowledge
members. The Chairman and Vice-Chairman may                      through the work of the Committee. In such cases
not both come from the same side of the industry;                only members of the Committee and representatives
they shall be chosen alternately from the two sides              of the Commission departments concerned shall
represented. They shall be responsible for relations             attend the meetings .
with the Commission .
The Commission shall provide secretarial services                                       Article 11
for the Committee and for the working parties.                   After hearing the Committee, the present Decision
                          Article 6                              may be amended in the light of experience.
At the request of one of the organisations rep
resented, the Chairman may invite an alternate .                 Done at Brussels, 7 June 1968
of the central body of the organisation in question
to attend meetings . He may also request the presence,                                           For the Commission
in an expert capacity, of any person with special                                                    The President
qualifications in a subject on the agenda. Experts                                                     Jean REY