Avis juridique important

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31998D0329

98/329/EC: European Parliament Decision of 31 March 1998 giving discharge to the Commission in respect of the financial management of the sixth European Development Fund for the financial year 1996

Official Journal L 146 , 16/05/1998 P. 0026 - 0027

EUROPEAN PARLIAMENT DECISION of 31 March 1998 giving discharge to the Commission in respect of the financial management of the sixth European Development Fund for the financial year 1996 (98/329/EC)THE EUROPEAN PARLIAMENT,- Having regard to the EC Treaty,- Having regard to the third ACP-EEC Convention (1),- Having regard to the balance sheets and revenue and expenditure accounts of the sixth and seventh European Development Funds for the 1996 financial year (SEC(97) 0938 - C4-0274/97),- Having regard to the report and the Statement of Assurance of the Court of Auditors concerning the financial year 1996 and the replies of the institutions (2),- Having regard to the Recommendation of the Council of 9 March 1998 (C4-0167/98),- Having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (A4-0091/98),1. Gives discharge to the Commission in respect of the financial management of the sixth European Development Fund for the financial year 1996 on the basis of the following amounts:>TABLE>>TABLE>2. Records its observations in the resolution which forms part of this Decision;3. Instructs its President to forward this Decision and the resolution containing its observations to the Commission, the Council, the Court of Auditors and the European Investment Bank and to have them published in the Official Journal of the European Communities (L series).The Secretary-GeneralJulian PRIESTLEYThe PresidentJosé María GIL-ROBLES(1) OJ L 86, 31. 3. 1986.(2) JO C 348, 18. 11. 1997 (Volume I, Chapter 12 and Volume II, Part II).


30.4.2004      EN                            Official Journal of the European Union                                        C 104 E/945
                                                                                Thursday 22 April 2004
          P5_TA(2004)0352
          Proposal for a Council Decision establishing the Visa Information System (VIS) *
          European Parliament legislative resolution on the Commission proposal for a Council decision
          establishing the Visa Information System (VIS) (COM(2004) 99  C5-0098/2004  2004/
                                                            0029(CNS))
          (Consultation procedure)
          The European Parliament,
              having regard to the Commission proposal to the Council (COM(2004) 99) (1),
              having regard to Article 66 of the EC Treaty,
              having regard to Article 67 of the EC Treaty, pursuant to which the Council consulted Parliament
               (C5-0098/2004),
              having regard to the Protocol integrating the Schengen ‘acquis’ into the framework of the European
               Union, pursuant to which the Council consulted Parliament,
              having regard to Rule 67 of its Rules of Procedure,
              having regard to the report of the Committee on Citizens’ Freedoms and Rights, Justice and Home
               Affairs and the opinion of the Committee on Budgets (A5-0262/2004),
          1.    Rejects the Commission proposal;
          2.    Calls on the Commission to withdraw its proposal and submit a new one;
          3.    Instructs the President to forward its position to the Council and the Commission.
          (1) Not yet published in the OJ.
          P5_TA(2004)0353
          Privileges and immunities of Mr Bossi, a former Member of the European Parlia-
          ment
          European Parliament decision on the request for defence of parliamentary immunity and privileges
                                        submitted by Umberto Bossi (2003/2171(IMM))
          The European Parliament,
              having regard to a request submitted by Umberto Bossi for defence of his immunity in connection
               with legal proceedings pending before the Court of Brescia, announced in plenary session on 12 May
               2003,
              having regard to Article 9 of the Protocol on the Privileges and Immunities of the European Com-
               munities of 8 April 1965, and to Article 4(2) of the Act concerning the Election of Representatives to
               the European Parliament by direct universal suffrage of 20 September 1976,
              having regard to the judgments of the Court of Justice of the European Communities of 12 May 1964
               and 10 July 1986 (1),
              having regard to Rules 6 and 6a of its Rules of Procedure,
              having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0281/
               2004),
          (1) See Case 101/63 Wagner v. Fohrmann and Krier ECR, English Special Edition 1964, 195 and Case 149/85 Wybot v.
              Faure [1986] ECR 2403.
 ---pagebreak--- C 104 E/946                                       Official Journal of the European Union                                  EN        30.4.2004
Thursday 22 April 2004
            A. whereas Umberto Bossi was elected to the European Parliament in the fifth direct elections held on
                 13 June 1999, and whereas his credentials were verified by Parliament on 15 December 1999 (1) and
                 his term of office expired on 10 June 2001,
            B.   whereas Members of the European Parliament may not be subject to any form of inquiry, detention or
                 legal proceedings in respect of opinions expressed or votes cast by them in the performance of their
                 duties (2),
            C. whereas the immunity from legal proceedings enjoyed by Members of the European Parliament also
                 covers immunity from civil proceedings,
            D. whereas Members of the European Parliament have a responsibility to participate in political affairs,
                 and accordingly when they publish newspaper articles on controversial topics they are properly
                 deemed to be engaged in the performance of their duties as MEPs,
            1.     Decides, in relation to the proceedings pending, to defend the immunity and privileges of its former
            Member Umberto Bossi;
            2.     Proposes, pursuant to Article 9 of the above-mentioned Protocol and having regard to the proceed-
            ings in the Member State in question, to declare that the proceedings in issue should not be continued; and
            therefore calls on the Court to draw the appropriate conclusions;
            3.     Instructs its President immediately to forward this decision and the report of its committee to the
            Court of Brescia.
            (1) European Parliament decision of 15.12.1999 on the verification of credentials of Members following the fifth direct
                elections to the European Parliament on 10 to 13 June 1999 (OJ C 296, 18.10.2000, p. 93).
            (2) Article 9 of the Protocol on the Privileges and Immunities of the European Communities.
            P5_TA(2004)0354
            Privileges and immunities of Mr Bossi, a former Member of the European Parlia-
            ment (second request)
            European Parliament decision on the request for defence of parliamentary immunity and privileges
                                           submitted by Umberto Bossi (2003/2172(IMM))
            The European Parliament,
                having regard to a request submitted by Umberto Bossi for defence of his immunity in connection
                 with legal proceedings pending before the Court of Brescia, announced in plenary session on 1 Sept-
                 ember 2003,
                having regard to Article 9 of the Protocol on the Privileges and Immunities of the European Com-
                 munities of 8 April 1965, and to Article 4(2) of the Act concerning the Election of Representatives to
                 the European Parliament by direct universal suffrage of 20 September 1976,
                having regard to the judgments of the Court of Justice of the European Communities of 12 May 1964
                 and 10 July 1986 (1),
                having regard to Rules 6 and 6a of its Rules of Procedure,
                having regard to the report of the Committee on Legal Affairs and the Internal Market (A5-0282/
                 2004),
            (1) See Case 101/63 Wagner v. Fohrmann and Krier [1964] ECR, English Special Edition 1964, 195 and Case 149/85
                Wybot v. Faure [1986] ECR 2391.


Avis juridique important

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31998D0716(05)

Council Decision of 29 June 1998 appointing a member of the Advisory Committee on the Training of Midwives

Official Journal C 222 , 16/07/1998 P. 0008 - 0008

COUNCIL DECISION of 29 June 1998 appointing a member of the Advisory Committee on the Training of Midwives (98/C 222/05)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Council Decision 80/156/EEC of 21 January 1980 setting up an Advisory Committee on the Training of Midwives (1), and in particular Articles 3 and 4 thereof,Whereas, by its Decision of 23 October 1995 (2), the Council appointed Ms Pilar TOLEDANO GONZÁLEZ a member of the Committee for the period ending 22 October 1998;Whereas the Spanish Government has nominated Ms Adoración BELTRÁN BALSELLS to replace Ms Pilar TOLEDANO GONZÁLEZ,HAS DECIDED AS FOLLOWS:Sole Article Ms Adoración BELTRÁN BALSELLS is hereby appointed a member of the Advisory Committee on the Training of Midwives in place of Ms Pilar TOLEDANO GONZÁLEZ for the remainder of her term of office, which ends on 22 October 1998.Done at Luxembourg, 29 June 1998.For the CouncilThe PresidentR. COOK(1) OJ L 33, 11.2.1980, p. 13.(2) OJ C 292, 7.11.1995, p. 2.


title: 2006/351/EC: Administrative Commission of the European Communities on social security for migrant workers - Decision No 205 of  17 October 2005  on the scope of the notion of  partial unemployment  with regard to frontier workers (Text of relevance to the EEA and to the EU/Switzerland Agreement)

text:
               18.5.2006

               EN

               Official Journal of the European Union

               L 130/37

      DECISION No 205
   of 17 October 2005
   on the scope of the notion of ‘partial unemployment’ with regard to frontier workers
   (Text of relevance to the EEA and to the EU/Switzerland Agreement)
   (2006/351/EC)
   THE ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT WORKERS,
   Having regard to Article 81(a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (1), under the terms of which it is responsible for dealing with any administrative question arising from Regulation (EEC) No 1408/71 and subsequent Regulations,
   Having regard to Article 71(1)(a) of the said Regulation,
   Whereas:

               (1)

               Article 71(1)(a) of Regulation (EEC) No 1408/71 contains a provision constituting an exemption, in the case of frontier workers who are wholly unemployed, from the general principle of lex loci laboris set out in Article 13(2)(a) of the said Regulation.

               (2)

               The Court of Justice of the European Communities has ruled that in order to determine whether a frontier worker is to be regarded as partially unemployed or wholly unemployed within the meaning of Article 71(1)(a) of the said Regulation, uniform Community criteria must be applied. Such assessment may not be made on the basis of criteria drawn from national law (2).

               (3)

               As the practices of the national social security institutions in the various Member States reflect differences in interpretation as regards determination of the type of unemployment, it is important to specify the scope of the said Article with a view to the adoption of uniform and balanced criteria for the purposes of application of the Article by the said institutions.

               (4)

               The Court of Justice of the European Communities has ruled that where a frontier worker no longer has any link with the competent Member State and is wholly unemployed, unemployment benefits are to be provided by the institution of the place of residence at its own expense.

               (5)

               An assessment of whether or not an employment link exists or is maintained is based entirely on the national legislation of the State of employment.

               (6)

               The objective of protecting frontier workers pursued by Article 71 of the Regulation would not be achieved if a worker who remained employed by the same undertaking in a Member State other than that in whose territory he resides — his activity being suspended — were nevertheless regarded as wholly unemployed, thus requiring him to apply to the institution of his place of residence in order to obtain unemployment benefits,

         HAS DECIDED AS FOLLOWS:

               1.

               With respect to the application of Article 71(1)(a) of the Regulation, determination of the nature of unemployment (that is to say partial or whole) shall depend on whether or not any contractual employment link exists or is maintained between the parties, and not on the duration of any temporary suspension of the worker’s activity.

               2.

               If a frontier worker remains employed by an undertaking in a Member State other than that in whose territory he resides, but his activity is suspended although he can return to his post at any time, the said worker shall be regarded as partially unemployed, and the corresponding benefits shall be provided by the competent institution of the Member State of employment in accordance with Article 71(1)(a)(i) of Regulation (EEC) No 1408/71.

               3.

               If a frontier worker, in the absence of any contractual employment link, no longer has any link with the Member State of employment (for example because the employment contract link has been terminated or has expired), he shall be regarded as wholly unemployed in accordance with Article 71(1)(a)(ii) of Regulation (EEC) No 1408/71, and benefits shall be provided by the institution of the place of residence at its own expense.

               4.

               This decision shall apply from the first day of the month following its publication in the Official Journal of the European Union.

            The Chair of the Administrative Commission

         Anna HUDZIECZEK

      (1)  OJ L 149, 5.7.1971, p. 2. Regulation last amended by Regulation (EC) No 631/2004 of the European Parliament and of the Council (OJ L 100, 6.4.2004, p. 1).

      (2)  Judgement of 15 March 2001 in case C-444/98, ‘R. J. de Laat/Bestuur van het Landelijk instituut sociale verzekeringen’, ECR 2001, pp. I-2229 et seq.


Avis juridique important

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31994D0165

94/165/CFSP: Council Decision of 15 March 1994 on the Common Position defined on the basis of Article J.2 of the Treaty on European Union concerning the imposition of an embargo on arms, munitions and military equipment on Sudan

Official Journal L 075 , 17/03/1994 P. 0001 - 0001

COUNCIL DECISION of 15 March 1994 on the common position defined on the basis of Article J.2 of the Treaty on European Union concerning the imposition of an embargo on arms, munitions and military equipment on Sudan (94/165/CFSP)THE  COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty on European Union, and in particular Article J.2 thereof,  HAS DECIDED AS FOLLOWS:   Article 1  An embargo on arms, munitions and military equipment shall be imposed on Sudan (1).   Article 2  1. This Decision shall take effect on 16 March 1994.  Member States shall take the necessary steps to ensure that the embargo referred to in Article 1 is applicable from 16 March 1994.  2. This Decision shall be published in the Official Journal.  Done at Brussels, 15 March 1994.  For the Council The President Th. PANGALOS  (1) The embargo covers weapons designed to kill and their ammunition, weapon platforms, non-weapon platforms and ancillary equipment. The embargo also covers spare parts, repairs, maintenance and transfer of military technology. Contracts  entered into force prior to the date of entry into force of the embargo are not affected by this Decision.