C 89 E/90                                      Official Journal of the European Union                           EN      14.4.2004
Thursday 4 December 2003
                                                       TEXTS ADOPTED
            P5_TA(2003)0527
            Request for waiver of the immunity of Mr Korakas
            European Parliament decision on the request for waiver of the immunity of Efstratios Korakas
                                                          (2003/2117(IMM))
            The European Parliament,
                having received a letter from Mr Athanasios Psarrakis, public prosecutor at the Athens Court of the
                 First Instance, forwarded on 13 January 2003, and a request for waiver of the immunity of Efstratios
                 Korakas, forwarded by Filippos Petsalnikos, Minister of Justice of the Greek Republic, on 6 May 2003
                 and announced in plenary sitting on 5 June 2003,
                having heard Mr Efstratios Korakas, pursuant to Rule 6a(3) of the Rules of Procedure of the European
                 Parliament, who requested that his parliamentary immunity not be waived,
                having regard to Article 10 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 (A5-0420/
                 2003),
            1.    Decides not to waive the immunity of Efstratios Korakas;
            2.    Instructs its President immediately to forward this decision and the report of its committee to the
            appropriate authority of the Republic of Greece.
            (1) See Case 101/63: Wagner v. Fohrmann and Krier [1964] ECR, English special edition, 195 and Case 149/85:
                Wybot v. Faure [1986] ECR 2391.
            P5_TA(2003)0528
            Request for waiver of the immunity of Mr Marchiani
            European Parliament decision on the request for waiver of the immunity of Jean-Charles
                                                    Marchiani (2003/2071(IMM))
            The European Parliament,
                having received a request for waiver of the immunity of Jean-Charles Marchiani, forwarded by the
                 Minister for Foreign Affairs of the French Republic on 8 April 2003 and announced in plenary sitting
                 on 10 April 2003,
                having regard to Article 10 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,


title: 2014/232/EU: Council Decision of 14 April 2014 on the conclusion, on behalf of the European Union, of the Protocol setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Gabonese Republic

text:
               26.4.2014

               EN

               Official Journal of the European Union

               L 125/48

         COUNCIL DECISION
   of 14 April 2014
   on the conclusion, on behalf of the European Union, of the Protocol setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Gabonese Republic

      (2014/232/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43, in conjunction with Article 218(6)(a) and Article 218(7) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               On 16 April 2007, the Council approved the Fisheries Partnership Agreement between the Gabonese Republic and the European Community (the ‘Partnership Agreement’) by Regulation (EC) No 450/2007 (1).

               (2)

               The Union has negotiated a new protocol with the Gabonese Republic (the ‘New Protocol’) granting Union vessels fishing opportunities in waters in which the Gabonese Republic exercises its sovereignty or its jurisdiction as regards fishing.

               (3)

               The New Protocol was signed in accordance with Council Decision 2013/462/EU (2), and is applied provisionally as from 24 July 2013 (3).

               (4)

               The New Protocol should therefore be approved.

               (5)

               The Partnership Agreement set up a Joint Committee which is responsible for monitoring the application of the Agreement. Furthermore, in accordance with the Protocol, the Joint Committee may approve certain modifications to the Protocol. In order to facilitate the approval of such modifications, it is appropriate to empower the Commission, subject to specific conditions, to approve them under a simplified procedure,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Gabonese Republic is hereby approved on behalf of the Union (4).
   Article 2
   The President of the Council shall, on behalf of the Union, make the notification provided for in Article 15 of the Protocol.
   Article 3
   Subject to the provisions and conditions set out in the Annex, the Commission shall be empowered to approve, on behalf of the Union, modifications to the Protocol in the Joint Committee.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 14 April 2014.

            For the Council

            The President

         A. TSAFTARIS

      (1)  Council Regulation (EC) No 450/2007 of 16 April 2007 on the conclusion of the Fisheries Partnership Agreement between the Gabonese Republic and the European Community (OJ L 109, 26.4.2007, p. 1).

      (2)  Council Decision 2013/462/EU of 22 July 2013 on the signature, on behalf of the European Union, and on the provisional application of the Protocol setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Gabonese Republic (OJ L 250, 20.9.2013, p. 1).

      (3)  Information on the date of signature of the Protocol setting out the fishing opportunities and financial contribution provided for by the Fisheries Partnership Agreement between the European Union and the Gabonese Republic (OJ L 229, 28.8.2013, p. 1.).

      (4)  The Protocol was published in OJ L 250, 20.9.2013, p. 2 together with the decision on its signature.

      ANNEX
      Scope of the empowerment and procedure for the establishment of the Union position in the Joint Committee

                  1.

                  The Commission shall be authorised to negotiate with the Gabonese Republic and, where appropriate and, subject to complying with paragraph 3 of this Annex, agree on modifications to the Protocol in respect of the following issues:

                              (a)

                              review of fishing opportunities in accordance with Article 5 and 6 of the Protocol;

                              (b)

                              decision on the modalities of the sectoral support in accordance with Article 3 of the Protocol;

                              (c)

                              technical specifications and modalities falling within the powers of the Joint Committee in accordance with the Annex to the Protocol.

                  2.

                  In the Joint Committee set up under the Fisheries Partnership Agreement, the Union shall:

                              (a)

                              act in accordance with the objectives pursued by the Union within the framework of the Common Fisheries Policy,

                              (b)

                              be in line with the Council Conclusions of 19 March 2012 on a Communication on the external dimension of the Common Fisheries Policy,

                              (c)

                              promote positions that are consistent with the relevant rules adopted by Regional Fisheries Management Organisations.

                  3.

                  When a decision on modifications to the Protocol referred to in paragraph 1 is foreseen to be adopted during a Joint Committee Meeting, the necessary steps shall be taken so that the position to be expressed on the Union's behalf takes account of the latest statistical, biological and other relevant information transmitted to the Commission.
                  To this effect and based on that information, a document setting out the particulars of the proposed Union position shall be transmitted by the Commission services, in sufficient time before the relevant Joint Committee Meeting, to the Council or to its preparatory bodies for consideration and approval.
                  In respect of issues referred to in paragraph 1(a), the approval of the envisaged Union position by the Council shall require a qualified majority of votes. In the other cases, the Union position envisaged in the preparatory document shall be deemed to be agreed, unless a number of Member States equivalent to a blocking minority objects during a meeting of the Council's preparatory body or within 20 days from receipt of the preparatory document, whichever occurs earlier. In case of such objection, the matter shall be referred to the Council.
                  If, in the course of further meetings, including on the spot, it is impossible to reach an agreement in order for the Union position to take account of new elements, the matter shall be referred to the Council or its preparatory bodies.
                  The Commission is invited to take, in due time, any steps necessary as a follow up to the decision of the Joint Committee, including, where appropriate, a publication of the relevant decision in the Official Journal of the European Union and a submission of any proposal necessary for the implementation of that decision.


Avis juridique important

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31989D0070

89/70/EEC, Euratom, ECSC: Commission Decision of 22 December 1988 adjusting the weightings applicable from 1 December 1988 to the remuneration of officials of the European Communities serving in non-member countries

Official Journal L 029 , 31/01/1989 P. 0067 - 0068

*****COMMISSION  DECISION  of 22 December 1988  adjusting the weightings applicable from 1 December 1988 to the remuneration of officials of the European Communities serving in non-member countries  (89/70/EEC, EURATOM, ECSC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,  Having regard to the Staff Regulations of Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (ECSC, EEC, Euratom) No 2339/88 (2), and in particular the second paragraph of Article 13 of Annex X thereto,  Whereas, pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (ECSC, EEC, Euratom) No 3383/88 (3) laid down the weightings to be applied from 1 July 1988 to the remuneration of officials serving in non-member countries payable in the currency of their country of employment;  Whereas the Commission has made a number of adjustments to these weightings in recent months (4) pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations;  Whereas some of these weightings should be adjusted with effect from 1 December 1988 given that the statistics available to the Commission show that in certain non-member countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,  HAS DECIDED AS FOLLOWS:  Sole Article  With effect from 1 December 1988 the weightings applicable to the remuneration of officials serving in non-member countries payable in the currency of their country of employment are hereby adjusted as shown in the Annex.  The exchange rates for the payment of such remuneration shall be those used for implementation of the budget of the European Communities during the month preceding the date on which this Decision takes effect.  Done at Brussels, 22 December 1988.  For the Commission  Henning CHRISTOPHERSEN  Vice-President  (1) OJ No L 56, 4. 3. 1968, p. 1.  (2) OJ No L 204, 29. 7. 1988, p. 5.  (3) OJ No L 296, 29. 10. 1988, p. 79.  (4) See page 65 of this Official Journal.  ANNEX  1.2 //  //  // Country of employment  // Weighting   //  //   // Brazil   // 60,31   // Gambia   // 86,91   // Ghana  // 44,19   // Israel   // 87,87   // Lebanon   // 21,35  // Lesotho   // 53,89   // Malawi   // 60,67   // Sierra Leone   // 94,17   // Somalia   // 41,96   // Sudan   // 91,62  // Suriname   // 151,24   // Syria   // 142,47   // Tonga  // 113,15   // Turkey   // 48,06   // Uganda   // 93,31  // Vanuatu   // 105,92   // Yugoslavia   // 31,97   // Zaire  // 103,50   //    //


Avis juridique important

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41976D0755

76/755/ECSC, EEC, Euratom: Decision of the Council and of the representatives of the Governments of the Member States of the European Communities, meeting within the Council, of 20 September 1976 on practical measures of economic cooperation within the EC-Canada Joint Committee

Official Journal L 260 , 24/09/1976 P. 0036 - 0036 Finnish special edition: Chapter 11 Volume 3 P. 0042  Spanish special edition: Chapter 11 Volume 6 P. 0150  Swedish special edition: Chapter 11 Volume 3 P. 0042  Portuguese special edition Chapter 11 Volume 6 P. 0150

DECISION  OF THE COUNCIL AND OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES, MEETING WITHIN THE COUNCIL  of 20 September 1976  on practical measures of economic cooperation within the EC-Canada Joint Committee  (76/755/ECSC, EEC, Euratom) THE COUNCIL OF THE EUROPEAN COMMUNITIES AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL,  HEREBY DECIDE:  That practical measures of economic cooperation may not be initiated by the Community within the EC-Canada Joint Committee unless a common position has been agreed beforehand under the Community's usual procedures ; this proviso will apply in all circumstances, irrespective of the extent to which a common policy already exists for the sector concerned.  Done at Brussels, 20 September 1976.  The President  M. van der STOEL


title: 2006/352/EC: Administrative Commission of the European Communities on social security for migrant workers - Decision No 206 of  15 December 2005  concerning the methods of operation and the composition of the Audit Board of the Administrative Commission on Social Security for Migrant Workers

text:
               18.5.2006

               EN

               Official Journal of the European Union

               L 130/39

      DECISION No 206
   of 15 December 2005
   concerning the methods of operation and the composition of the Audit Board of the Administrative Commission on Social Security for Migrant Workers
   (2006/352/EC)
   THE ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT WORKERS,
   Having regard to Article 101(3) of Council Regulation (EEC) No 574/72 of 21 March 1972 laying down the procedure for implementing Regulation (EEC) No 1408/71, under which the Administrative Commission shall determine the methods of operation and the composition of the Audit Board,
   Having regard to Decisions No 86 of 24 September 1973 and No 159 of 3 October 1995 concerning the methods of operation and the composition of the Audit Board,
   Whereas the enlargement of the European Union on 1 May 2004 justifies a revision of the previous decisions on the methods of operation and composition of the Audit Board,
   HAS DECIDED AS FOLLOWS:

               1.

               Decisions No 86 and No 159 are deleted and the text concerning the methods of operation and the composition of the Audit Board of the Administrative Commission on Social Security for Migrant Workers reproduced in those decisions are replaced by the text annexed to this decision.

               2.

               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

      ANNEX
      Methods of operation and the composition of the Audit Board of the Administrative Commission on Social Security for Migrant Workers

                  1.

                  The Audit Board provided for in Article 101(3) of Regulation (EEC) No 574/72 shall, when carrying out its functions as laid down in Article 102(1) and Article 113(3) of Regulation 574/72, operate under the authority of the Administrative Commission on Social Security for Migrant Workers, from which it shall receive directives.
                  Within this framework the Audit Board shall present a long term work programme to the Administrative Commission for approval. The Audit Board shall once a year submit to the Administrative Commission a progress report on the work programme.

                  2.

                  The Audit Board shall, in principle, reach its decisions from documentary evidence. It can request from the competent authorities any information or enquiries it deems necessary for the investigation of the matters submitted for its examination. Where necessary, subject to the prior approval of the chairman of the Administrative Commission, the Audit Board may delegate a member of the Secretariat or certain members of the Audit Board to carry out, on the spot, any investigation required for the pursuit of its work. The chairman of the Administrative Commission shall notify the representative on the Administrative Commission of the Member State concerned that this investigation is being made.
                  The Audit Board shall be assisted by an independent expert with professional training and experience in matters concerning the functions of the Audit Board, in particular as regards its tasks under Articles 94, 95 and 101 of Regulation 574/72.

                  3.

                  The Audit Board shall be composed of two representatives of each of the Member States of the European Union appointed by the competent authorities of those States.
                  Any member of the Audit Board unable to attend may be replaced by a deputy appointed for that purpose by the competent authorities.

                  4.

                  Decisions shall be taken by majority, each Member State having only one vote.
                  The opinions of the Audit Board must indicate whether they were reached unanimously or by majority. They must, where appropriate, set out the conclusions or reservations of the minority.
                  Whenever an opinion is not reached unanimously, the Audit Board shall submit it to the Administrative Commission together with a report containing in particular a statement of and the reasons for the opposing views.
                  It shall also appoint a rapporteur responsible for supplying the Administrative Commission with all the information the latter deems appropriate in order to enable it to settle the dispute in question.
                  The rapporteur shall not be selected from the representatives of countries involved in the dispute.

                  5.

                  The representative of the European Commission or his alternate on the Administrative Commission shall act in a consultative capacity within the Audit Board.

                  6.

                  The office of chairman of the Audit Board shall be held by a member belonging to the Member State whose representative on the Administrative Commission holds the office of chairman of that Commission.
                  The chairman of the Audit Board may, in conjunction with the Secretariat, take all steps required to solve without delay all problems within the competence of the Audit Board.
                  As a rule, the chairman of the Audit Board shall chair meetings of working parties set up to examine problems for which the Audit Board is competent; if, however, he is incapacitated or if certain specific problems are being examined, the chairman may be represented by another person designated by him.

                  7.

                  The Secretariat of the Administrative Commission shall prepare and organise the meetings of the Audit Board and draw up the minutes thereof. It shall carry out the work required for the functioning of the Audit Board. The agenda, date and duration of the Audit Board meetings shall be agreed with the chairman.

                  8.

                  The agenda shall be forwarded by the Secretariat of the Administrative Commission to the members of the Audit Board and the members of the Administrative Commission not less than 20 days before the start of each meeting.
                  The Secretariat of the Administrative Commission shall make available within the same time-limit the documents relating to the meeting.

                  9.

                  In so far as is necessary, the rules of the Administrative Commission shall apply to the Audit Board.


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31978D0886

78/886/EEC: Council Decision of 16 October 1978 on the signature of the Protocol of 7 April 1978 further extending the International Olive Oil Agreement, 1963, and on the signature and deposit of the declaration of provisional application of that Protocol

Official Journal L 306 , 31/10/1978 P. 0029

****  COUNCIL DECISION   OF 16 OCTOBER 1978   ON THE SIGNATURE OF THE PROTOCOL OF 7 APRIL 1978 FURTHER EXTENDING THE INTERNATIONAL OLIVE OIL AGREEMENT , 1963 , AND ON THE SIGNATURE AND DEPOSIT OF THE DECLARATION OF PROVISIONAL APPLICATION OF THAT PROTOCOL  ( 78/886/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 113 THEREOF ,   HAVING REGARD TO THE RECOMMENDATION FROM THE COMMISSION ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO DESIGNATE THE PERSON EMPOWERED :   -  TO SIGN THE PROTOCOL OF 7 APRIL 1978 FURTHER EXTENDING THE INTERNATIONAL OLIVE OIL AGREEMENT , 1963 ,   -  TO SIGN THE DECLARATION OF PROVISIONAL APPLICATION OF THE SAID PROTOCOL AND TO DEPOSIT IT WITH THE GOVERNMENT OF SPAIN .   THE TEXT OF THE PROTOCOL AND DECLARATION IS ANNEXED TO THIS DECISION .   DONE AT LUXEMBOURG , 16 OCTOBER 1978 .   FOR THE COUNCIL   THE PRESIDENT   K . VON DOHNANYI ****    PROTOCOL   OF 7 APRIL 1978   FURTHER EXTENDING THE INTERNATIONAL OLIVE OIL AGREEMENT , 1963 , AS AMENDED AND EXTENDED   THE PARTIES TO THIS PROTOCOL ,   WHEREAS THE INTERNATIONAL OLIVE OIL AGREEMENT , 1963  - REPLACING THE 1956 AGREEMENT AMENDED BY THE PROTOCOL OF 3 APRIL 1958  -  AS EXTENDED AND AMENDED BY THE SUCCESSIVE PROTOCOLS ADOPTED IN GENEVA ON 30 MARCH 1967 , 7 MARCH 1969 AND 23 MARCH 1973 , INCLUDING THE AMENDMENTS WHICH CAME INTO FORCE ON 1 NOVEMBER 1971 UNDER THE PROVISIONS OF ARTICLE 38 OF THE AGREEMENT ( ALL OF WHICH INSTRUMENTS ARE HEREINAFTER REFERRED TO AS ' THE AGREEMENT ' ) IS , IN PRINCIPLE , DUE TO EXPIRE ON 31 DECEMBER 1978 ,   DEEMING THAT A ONE-YEAR EXTENSION OF THE AGREEMENT IS REQUIRED IN ORDER TO CONTINUE PREPARATORY WORK FOR THE NEGOTIATION OF A NEW INTERNATIONAL OLIVE OIL AGREEMENT UNDER UNCTAD RESOLUTION 93 ( IV ) CONCERNING THE INTEGRATED PROGRAMME FOR COMMODITIES , THE COMMODITY COVERAGE OF WHICH INCLUDES OLIVE OIL ,   HAVE AGREED ON THE FOLLOWING :   ARTICLE 1   THE AGREEMENT , AS EXTENDED BY THIS PROTOCOL , SHALL , AS BETWEEN THE PARTIES TO THIS PROTOCOL , CONTINUE IN FORCE UNTIL 31 DECEMBER 1979 .   ARTICLE 2   1 .  ANY GOVERNMENT WHICH BECOMES A PARTY TO THIS PROTOCOL SHALL BE A PARTY TO THE AGREEMENT AS EXTENDED THEREBY .   2 .  SO FAR AS THE PARTIES TO THIS PROTOCOL ARE CONCERNED , THE AGREEMENT AND THIS PROTOCOL SHALL BE READ AND INTERPRETED AS ONE SINGLE INSTRUMENT AND SHALL BE KNOWN AS THE INTERNATIONAL OLIVE OIL AGREEMENT , 1963 , AS AMENDED AND EXTENDED , 1978 .   ARTICLE 3   1 .  ANY GOVERNMENT WHICH IS A MEMBER OF THE UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT MAY BECOME A PARTY TO THIS PROTOCOL IN ACCORDANCE WITH ITS CONSTITUTIONAL OR INSTITUTIONAL PROCEDURES :  ( A ) BY SIGNING IT ; OR  ( B ) BY RATIFYING , ACCEPTING OR APPROVING IT AFTER HAVING SIGNED IT SUBJECT TO RATIFICATION , ACCEPTANCE OR APPROVAL ; OR  ( C ) BY ACCEDING TO IT .   2 .  EACH SIGNATORY GOVERNMENT SHALL , ON SIGNING THIS PROTOCOL , STATE WHETHER ACCORDING TO ITS CONSTITUTIONAL OR INSTITUTIONAL PROCEDURES ITS SIGNATURE IS , OR IS NOT , SUBJECT TO RATIFICATION , ACCEPTANCE OR APPROVAL .   ARTICLE 4   THIS PROTOCOL SHALL BE OPEN FOR SIGNATURE IN MADRID WITH THE GOVERNMENT OF SPAIN ( HEREINAFTER REFERRED TO AS ' THE DEPOSITARY ' ) UNTIL 31 OCTOBER 1978 INCLUSIVE .   ARTICLE 5   IN CASES WHERE RATIFICATION , ACCEPTANCE OR APPROVAL IS REQUIRED , THE APPROPRIATE INSTRUMENT SHALL BE DEPOSITED WITH THE DEPOSITARY NOT LATER THAN 31 DECEMBER 1978 , ON THE UNDERSTANDING THAT THE COUNCIL MAY GRANT AN EXTENSION OR EXTENSIONS OF THIS TIME TO ANY SIGNATORY GOVERNMENT WHICH HAS NOT DEPOSITED THE SAID INSTRUMENT BY THIS DATE .   ARTICLE 6   ANY NON-SIGNATORY GOVERNMENT ENTITLED TO ACCEDE TO THIS PROTOCOL UNDER ARTICLE 9 MAY NOTIFY THE DEPOSITARY THAT IT IS UNDERTAKING TO SATISFY THE CONSTITUTIONAL OR INSTITUTIONAL PROCEDURES REQUIRED TO ACCEDE TO THIS PROTOCOL AS RAPIDLY AS POSSIBLE .   ARTICLE 7   1 .  ANY SIGNATORY GOVERNMENT WHICH HAS NOT BEEN ABLE TO DEPOSIT ITS INSTRUMENT OF RATIFICATION , ACCEPTANCE OR APPROVAL BY 31 DECEMBER 1978 AND HAS BEEN GRANTED AN EXTENSION OF TIME UNDER ARTICLE 5 OF THIS PROTOCOL , AND ANY NON-SIGNATORY GOVERNMENT WHICH HAS MADE A NOTIFICATION PURSUANT TO ARTICLE 6 OF THIS PROTOCOL , MAY NOTIFY THE DEPOSITARY THAT IT WILL PROVISIONALLY APPLY THE AGREEMENT , AS EXTENDED BY THIS PROTOCOL .   2 .  DURING THE ENTIRE PERIOD WHEN THE AGREEMENT , AS EXTENDED BY THIS PROTOCOL , IS IN FORCE , EITHER DEFINITIVELY OR PROVISIONALLY , A SIGNATORY OR NON-SIGNATORY GOVERNMENT WHICH HAS MADE A NOTIFICATION UNDER PARAGRAPH 1 OF THIS ARTICLE SHALL BE A PROVISIONAL MEMBER WITH ALL THE RIGHTS AND DUTIES OF A MEMBER UNTIL THAT GOVERNMENT BECOMES A CONTRACTING PARTY .   ARTICLE 8   1 .  THIS PROTOCOL SHALL ENTER INTO FORCE DEFINITIVELY ON 1 JANUARY 1979 , OR ON ANY DATE WITHIN THE 12 MONTHS THEREAFTER , BETWEEN THE GOVERNMENTS WHICH HAVE SIGNED IT AND , IN CASES WHERE THEIR CONSTITUTIONAL OR INSTITUTIONAL PROCEDURES SO REQUIRE , HAVE RATIFIED , ACCEPTED OR APPROVED IT , OR HAVE ACCEDED TO IT , IF THESE GOVERNMENTS INCLUDE THOSE OF SIX MAINLY PRODUCING COUNTRIES , TOGETHER ACCOUNTING FOR AT LEAST 60 % OF WORLDWIDE OLIVE OIL PRODUCTION DURING THE REFERENCE PERIOD STIPULATED IN ARTICLE 3 OF THE AGREEMENT , AS WELL AS THOSE OF THREE MAINLY IMPORTING COUNTRIES . IF THIS PROTOCOL HAS NOT DEFINITIVELY ENTERED INTO FORCE IN ACCORDANCE WITH THE PRECEDING SENTENCE , IT SHALL DO SO AT ANY TIME AFTER IT IS PROVISIONALLY IN FORCE WHEN THE NUMERICAL AND PRODUCTION PERCENTAGE REQUIREMENTS OF THIS PARAGRAPH ARE SATISFIED BY THE DEPOSIT OF INSTRUMENTS OF RATIFICATION , ACCEPTANCE , APPROVAL OR ACCESSION .   2 .  THIS PROTOCOL SHALL ENTER INTO FORCE PROVISIONALLY ON 1 JANUARY 1979 , OR ON ANY DATE WITHIN THE 12 MONTHS THEREAFTER , BETWEEN THE GOVERNMENTS WHICH HAVE SIGNED IT AND , IN CASES WHERE THEIR CONSTITUTIONAL OR INSTITUTIONAL PROCEDURES SO REQUIRE , HAVE RATIFIED , ACCEPTED OR APPROVED IT , OR HAVE ACCEDED TO IT , OR HAVE INDICATED THAT THEY WILL APPLY IT PROVISIONALLY , IF THESE GOVERNMENTS INCLUDE THOSE OF SIX MAINLY PRODUCING COUNTRIES TOGETHER ACCOUNTING FOR AT LEAST 60 % OF WORLDWIDE OLIVE OIL PRODUCTION DURING THE REFERENCE PERIOD STIPULATED IN ARTICLE 3 OF THE AGREEMENT , AS WELL AS THOSE OF THREE MAINLY IMPORTING COUNTRIES .   3 .  IF BY 1 JANUARY 1979 THIS PROTOCOL HAS NOT ENTERED INTO FORCE EITHER PROVISIONALLY OR DEFINITIVELY IN THE MANNER DESCRIBED IN PARAGRAPHS 1 AND 2 OF THIS ARTICLE , BUT HAS RECEIVED A SUFFICIENT NUMBER OF SIGNATURES TO ENABLE IT TO ENTER INTO FORCE AFTER RATIFICATION , ACCEPTANCE OR APPROVAL IN CONFORMITY WITH THE RELEVANT PROVISIONS OF THIS PROTOCOL , THEN THE AGREEMENT SHALL , IN ACCORDANCE WITH PARAGRAPH 4 OF ARTICLE 37 , CONTINUE IN FORCE BEYOND 1 JANUARY 1979 UNTIL THE DATE OF THE PROVISIONAL OR DEFINITIVE ENTRY INTO FORCE OF THIS PROTOCOL , PROVIDED THAT THE PERIOD OF SUCH EXTENSION SHALL NOT EXCEED 12 MONTHS .   4 .  IF BY 31 OCTOBER 1978 THIS PROTOCOL HAS NOT RECEIVED THE NUMBER OF SIGNATURES REQUIRED FOR IT TO ENTER INTO FORCE AFTER RATIFICATION , ACCEPTANCE OR APPROVAL , THE GOVERNMENTS WHICH HAVE SIGNED IT AND , WHERE THEIR CONSTITUTIONAL OR INSTITUTIONAL PROCEDURES SO REQUIRE , HAVE RATIFIED , ACCEPTED , APPROVED OR ACCEDED TO THIS PROTOCOL OR HAVE STATED THAT THEY WILL APPLY IT PROVISIONALLY , MAY DECIDE BY COMMON AGREEMENT THAT THIS PROTOCOL SHALL ENTER INTO FORCE AMONG THEMSELVES , OR MAY TAKE WHATEVER OTHER ACTION THEY CONSIDER IS REQUIRED BY THE CIRCUMSTANCES .   ARTICLE 9   1 .  THIS PROTOCOL SHALL BE OPEN FOR ACCESSION BY ANY NON-SIGNATORY GOVERNMENT WHICH IS A MEMBER OF THE UNITED NATIONS CONFERENCE ON TRADE AND DEVELOPMENT .   2 .  ACCESSION TO THIS PROTOCOL SHALL BE DEEMED TO BE ACCESSION TO THE AGREEMENT , AS EXTENDED THEREBY .   3 .  ACCESSION SHALL BE EFFECTED BY THE DEPOSIT OF AN INSTRUMENT OF ACCESSION WITH THE DEPOSITARY AND SHALL TAKE EFFECT FROM THE DATE OF DEPOSIT OF SUCH INSTRUMENT OR ON THE DATE OF ENTRY INTO FORCE OF THIS PROTOCOL , WHICHEVER DATE IS THE LATER .   ARTICLE 10   IF BY 31 DECEMBER 1979 A NEW AGREEMENT HAS BEEN NEGOTIATED AND HAS RECEIVED THE REQUIRED NUMBER OF SIGNATURES TO ENABLE IT TO ENTER INTO FORCE AFTER RATIFICATION , ACCEPTANCE OR APPROVAL , AND IF THAT NEW AGREEMENT HAS NOT ENTERED INTO FORCE , EITHER PROVISIONALLY OR DEFINITIVELY , THE PRESENT PROTOCOL SHALL CONTINUE IN FORCE BEYOND 31 DECEMBER 1979 UNTIL THE ENTRY INTO FORCE OF THE NEW AGREEMENT , PROVIDED THAT THE PERIOD OF SUCH EXTENSION SHALL NOT EXCEED 12 MONTHS .   ARTICLE 11   1 .  ANY GOVERNMENT MAY , UPON SIGNATURE , OR UPON DEPOSIT OF ITS INSTRUMENT OF RATIFICATION , ACCEPTANCE OR APPROVAL OF THIS PROTOCOL , OR UPON ACCESSION THERETO , DECLARE BY NOTICE ADDRESSED TO THE DEPOSITARY THAT THE AGREEMENT AS EXTENDED BY THIS PROTOCOL SHALL EXTEND TO ANY OF THE TERRITORIES FOR WHOSE INTERNATIONAL RELATIONS THAT GOVERNMENT IS FOR THE TIME BEING ULTIMATELY RESPONSIBLE . THE AGREEMENT SHALL EXTEND TO THE TERRITORIES NAMED IN THE NOTIFICATION FROM THE DATE OF SUCH NOTIFICATION OR FROM THE DATE ON WHICH THE PRESENT PROTOCOL ENTERS INTO FORCE FOR THAT GOVERNMENT , WHICHEVER IS THE LATER .   2 .  ANY CONTRACTING PARTY WHICH HAS MADE A DECLARATION PURSUANT TO PARAGRAPH 1 OF THIS ARTICLE MAY , AT ANY LATER TIME , BY NOTIFICATION TO THE DEPOSITARY , DECLARE THAT THE AGREEMENT , AS EXTENDED BY THIS PROTOCOL , SHALL CEASE TO EXTEND TO THE TERRITORY NAMED IN THE NOTIFICATION AND THE AGREEMENT SHALL CEASE TO EXTEND TO SUCH TERRITORY FROM THE DATE OF SUCH NOTIFICATION .   3 .  WHEN A TERRITORY TO WHICH THE AGREEMENT , AS EXTENDED BY THIS PROTOCOL , HAS BEEN EXTENDED UNDER PARAGRAPH 1 OF THIS ARTICLE SUBSEQUENTLY ATTAINS INDEPENDENCE , ITS GOVERNMENT MAY , WITHIN 90 DAYS AFTER THE ATTAINMENT OF INDEPENDENCE , DECLARE BY NOTIFICATION TO THE DEPOSITARY THAT IT HAS ASSUMED THE RIGHTS AND OBLIGATIONS OF A PARTY TO THE AGREEMENT , AS EXTENDED BY THIS PROTOCOL . IT SHALL BECOME A PARTY TO THE AGREEMENT FROM THE DATE OF SUCH NOTIFICATION .   ARTICLE 12   THE DEPOSITARY OF THE AGREEMENT SHALL WITHOUT DELAY INFORM THE SIGNATORY AND ACCEDING GOVERNMENTS OF ANY SIGNATURE , RATIFICATION , ACCEPTANCE OR APPROVAL OF , OR ACCESSION TO , THIS PROTOCOL ; OF ANY NOTIFICATION MADE UNDER ARTICLES 6 AND 7 OF THIS PROTOCOL ; AND OF THE DATE OF ENTRY INTO FORCE OF THIS PROTOCOL .   ARTICLE 13   ANY REFERENCE IN THIS PROTOCOL TO A GOVERNMENT SHALL BE CONSTRUED AS INCLUDING A REFERENCE TO THE EUROPEAN ECONOMIC COMMUNITY , OR ANY INTERGOVERNMENTAL ORGANIZATION HAVING RESPONSIBILITIES IN RESPECT OF THE NEGOTIATION , CONCLUSION AND APPLICATION OF INTERNATIONAL AGREEMENTS , IN PARTICULAR COMMODITY AGREEMENTS .   ARTICLE 14   THE TEXTS OF THIS PROTOCOL IN THE ARABIC , ENGLISH , FRENCH , ITALIAN AND SPANISH LANGUAGES SHALL ALL BE EQUALLY AUTHENTIC , THE ORIGINALS BEING DEPOSITED WITH THE GOVERNMENT OF SPAIN .   IN WITNESS WHEREOF , THE UNDERSIGNED , HAVING BEEN DULY AUTHORIZED TO THIS EFFECT BY THEIR RESPECTIVE GOVERNMENTS , HAVE SIGNED THIS PROTOCOL ON THE DATES APPEARING OPPOSITE THEIR SIGNATURES .   DONE AT GENEVA , 7 APRIL 1978 . ****    DECLARATION OF PROVISIONAL APPLICATION OF THE PROTOCOL OF 7 APRIL 1978 FURTHER EXTENDING THE OLIVE OIL AGREEMENT , 1963   IT IS UNLIKELY THAT THE EUROPEAN ECONOMIC COMMUNITY CAN COMPLETE BY 31 DECEMBER 1978 THE INSTITUTIONAL PROCEDURES PROVIDED FOR IN ARTICLE 5 OF THE PROTOCOL OF 7 APRIL 1978 FURTHER EXTENDING THE INTERNATIONAL OLIVE OIL AGREEMENT , 1963 , AS AMENDED AND EXTENDED .   THEREFORE , IN ACCORDANCE WITH ARTICLE 7 OF THE SAID PROTOCOL , THE COMMUNITY MAKES THIS DECLARATION OF PROVISIONAL APPLICATION OF THIS PROTOCOL . BY DEPOSITING SUCH A DECLARATION , THE COMMUNITY CONSIDERS ITSELF TO BE PROVISIONALLY A PARTY TO THE PROTOCOL , WITH ALL THE RIGHTS AND OBLIGATIONS WHICH RESULT THEREFROM , UNTIL SUCH TIME AS THE COUNCIL OF THE EUROPEAN COMMUNITIES SHALL HAVE TAKEN A FINAL DECISION IN THE MATTER .


title: Council Decision of 9 November 1973 concluding the Agreement between the European Economic Community and the Eastern Republic of Uruguay on the supply of common wheat as food aid

text:
No L 343 /30                       Official Journal of the European Communities                   13 . 12 . 73
                                                COUNCIL DECISION
                                                 of 9 November 1973
             concluding the Agreement between the European Economic Community and the Eastern
                       Republic of Uruguay on the supply of common wheat as food aid
                                                     (73/384/EEC)
             THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
             Having regard to the Treaty establishing the European Economic Community, and in
             particular Articles 113 , 114 and 228 thereof;
             Having regard to the Recommendation from the Commission ;
             Whereas the European Economic Community has deposited a Declaration of provisio
             nal application of the 1971 Food Aid Convention ; whereas that Convention has been
             applicable since 1 July 1971 ;
             Whereas by its letter of 7 December 1972, the Eastern Republic of Uruguay reque
             sted food aid;
             Whereas in view of the cereal supply situation in Uruguay that country should be ac
             corded, by way of gift, 10 000 metric tons of common wheat under the Community
             Food Aid Programme for 1972/73 ,
             HAS DECIDED AS FOLLOWS :
                                                        Article 1
             The Agreement between the European Economic Community and the Eastern Republic
             of Uruguay for the supply of common wheat as food aid, the text of which is annexed
             hereto, is hereby concluded on behalf of the Community.
                                                        Article 2
             The President of the Council is hereby authorized to designate the persons empowered
             to sign the Agreement and to confer on them the necessary powers to bind the Com
             munity.
             Done at Brussels, 9 November 1973 .
                                                                           For the Council
                                                                            The President
                                                                          Per HAEKKERUP


Avis juridique important

|

32001D0126

2001/126/EC: Council Decision of 12 February 2001 appointing an Italian alternate member of the Committee of the Regions

Official Journal L 046 , 16/02/2001 P. 0023 - 0023

Council Decisionof 12 February 2001appointing an Italian alternate member of the Committee of the Regions(2001/126/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the Council Decision of 26 January 1998(1) appointing the members and alternate members of the Committee of the Regions,Whereas a seat as an alternate member of the Committee of the Regions has become vacant following the appointment of Mr Paolo AGOSTINACCIO, former alternate member, as a full member of the Committee of the Regions,Having regard to the proposal from the Italian Government,HAS DECIDED AS FOLLOWS:Sole ArticleMr Luciano DEL FRE is hereby appointed an alternate member of the Committee of the Regions in place of Mr Paolo AGOSTINACCIO, for the remainder of his term of office, which runs until 25 January 2002.Done at Brussels, 12 February 2001.For the CouncilThe PresidentT. Östros(1) OJ L 28, 4.2.1998, p. 19.


title: 2006/298/EC: Commission Decision of  20 April 2006  conferring management of aid implementing agencies for pre-accession measures in agriculture and rural development in Romania in the pre-accession period

text:
               22.4.2006

               EN

               Official Journal of the European Union

               L 109/9

      COMMISSION DECISION

   of 20 April 2006
   conferring management of aid implementing agencies for pre-accession measures in agriculture and rural development in Romania in the pre-accession period
   (2006/298/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to the 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 the 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 (2), and in particular Article 4(5) and (6) thereof,
   Whereas:

               (1)

               The Special Programme for Agriculture and Rural Development for Romania (hereinafter Sapard) was approved by Commission Decision C(2000) 3742 final of 12 December 2000, as last amended by Commission Decision C(2006) 1194 of 11 April 2006, in accordance with Article 4(5) and (6) of Regulation (EC) No 1268/1999.

               (2)

               The government of Romania and the Commission, acting on behalf of the European Community, signed on 2 February 2001 the Multi-Annual Financing Agreement laying down the technical, legal and administrative framework for the execution of Sapard, as last amended by the Annual Financing Agreement for 2004, signed on 12 May 2005, which finally entered into force on 3 November 2005.

               (3)

               The SAPARD Agency, public institution with legal status, in the subordination of the Ministry of Agriculture, Forests and Rural Development has been appointed by the competent authority of Romania for the implementation of some of the measures defined in Sapard. The National Fund Department within the Ministry of Public Finance has been appointed for the financial functions it is due to perform in the framework of the implementation of Sapard.

               (4)

               On the basis of a case-by-case analysis of the national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance, as provided for in Article 12(2) of Regulation (EC) No 1266/1999, the Commission adopted Decision 2002/638/EC of 31 July 2002 (3) and Decision 2003/846/EC of 5 December 2003 (4) conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in Romania in the pre-accession period with regard to certain measures provided for in Sapard.

               (5)

               The Commission has undertaken a further analysis under Article 12(2) of Regulation (EC) No 1266/1999 in respect of measure 1.2 ‘Improving the structures for quality, veterinary and plant-health controls, for the quality of foodstuffs and consumer protection’; measure 3.2 ‘Setting-up producers’ groups’; measure 3.3 ‘Agricultural production methods designed to protect the environment and maintain the countryside’ and measure 3.5 ‘Forestry’ as provided for in Sapard. The Commission considers that, also with regard to those measures, Romania complies with the provisions of Articles 4 to 6 and of the Annex 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 (5), and with the minimum conditions set out in the Annex to Regulation (EC) No 1266/1999.

               (6)

               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 with regard to measure 1.2, measure 3.2, measure 3.3 and measure 3.5, on the SAPARD Agency and on the Ministry of Public Finance, National Fund, in Romania the management of aid on a decentralised basis.

               (7)

               However, since the verifications carried out by the Commission for measure 1.2, measure 3.2, measure 3.3 and measure 3.5 are based on a system that is not yet fully operating with regard to all relevant elements, it is therefore appropriate to confer the management of the SAPARD Programme on the SAPARD Agency and on the Ministry of Public Finance, National Fund, according to Article 3(2) of Regulation No 2222/2000, on a provisional basis.

               (8)

               Full conferral of management of the Sapard 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, in the subordination of the Ministry of Agriculture, Forests, Waters and Environment and on the Ministry of Public Finance, National Fund, have been implemented.

               (9)

               On 6 October 2005 the Romanian Authorities proposed the rules for eligibility of expenditure for measure 1.2, measure 3.2 and measure 3.5, in accordance with Article 4(1) of Section B of the Multi-Annual Financing Agreement. The Commission is called upon to take a decision in this respect. Concerning measure 3.3, the rules for eligibility of expenditure are provided in the Sapard,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The requirement of ex-ante approval by the Commission of project selection and contracting for measure 1.2, measure 3.2, measure 3.3 and measure 3.5 by Romania provided for in Article 12(1) of Regulation (EC) No 1266/1999 is hereby waived.
   Article 2
   Management of the SAPARD Programme is conferred on a provisional basis to:

               1.

               The SAPARD Agency under the Ministry of Agriculture, Forests and Rural Development, 43 Ştirbei Vodă, Sector 1, Bucharest, for the implementation of measure 1.2 ‘Improving the structures for quality, veterinary and plant-health controls, for the quality of foodstuffs and consumer protection’; measure 3.2 ‘Setting-up producers’ groups’; measure 3.3 ‘Agricultural production methods designed to protect the environment and maintain the countryside’ and measure 3.5 ‘Forestry’ as defined in the Programme for Agriculture and Rural Development that was approved by Commission Decision C(2000) 3742 final on 12 December 2000, as last amended by Commission Decision C(2006) 1194, adopted on 11 April 2006.

               2.

               The National Fund within the Ministry of Public Finance, 44 Mircea Vodă Bulevard, Bucharest, for the financial functions it is due to perform in the framework of the implementation of the SAPARD programme for measure 1.2, measure 3.2, measure 3.3 and measure 3.5 for Romania.

         Article 3
   Expenditure pursuant to this Decision shall be eligible for Community co-finance only if incurred by beneficiaries from the date of this Decision, or if later, the date of the instrument making them a beneficiary for the project in question, except for feasibility and related studies, where this date shall be 12 December 2000, provided in all cases it has not been paid by the SAPARD Agency prior to the date of this Decision.
   Article 4
   Without prejudice to any decisions granting aid under the Sapard to individual beneficiaries, the rules for eligibility of expenditure proposed by Romania by letter No 70832 of 22 September 2005 and registered in the Commission under No 29071, shall apply.

      Done at Brussels, 20 April 2006.

            For the Commission

         Mariann FISCHER BOEL

            Member of the Commission

      (1)  OJ L 161, 26.6.1999, p. 68.

      (2)  OJ L 161, 26.6.1999, p. 87. Regulation as last amended by Regulation (EC) No 2257/2004 (OJ L 389, 30.12.2004, p. 1).

      (3)  OJ L 206, 3.8.2002, p. 31.

      (4)  OJ L 321, 6.12.2003, p. 62.

      (5)  OJ L 253, 7.10.2000, p. 5. Regulation as last amended by Regulation (EC) No 188/2003 (OJ L 27, 1.2.2003, p. 14).


title: Decision (EU) 2015/656 of the European Central Bank of 4 February 2015 on the conditions under which credit institutions are permitted to include interim or year-end profits in Common Equity Tier 1 capital in accordance with Article 26(2) of Regulation (EU) No 575/2013 (ECB/2015/4)

text:
               25.4.2015

               EN

               Official Journal of the European Union

               L 107/76

         DECISION (EU) 2015/656 OF THE EUROPEAN CENTRAL BANK
   of 4 February 2015
   on the conditions under which credit institutions are permitted to include interim or year-end profits in Common Equity Tier 1 capital in accordance with Article 26(2) of Regulation (EU) No 575/2013 (ECB/2015/4)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (1), and in particular Article 4(1)(d) and the second subparagraph of Article 4(3) thereof,
   Whereas:

               (1)

               Article 26(2) of Regulation (EU) No 575/2013 of the European Parliament and of the Council (2) has introduced a new procedure whereby the permission of the competent authority is required for the inclusion of interim profits or year-end profits in Common Equity Tier 1 (CET1) capital before an institution has taken a formal decision confirming the final profit or loss of the institution for the year. Such permission is granted where the following two conditions are met: profits have been verified by persons independent of the institution that are responsible for the auditing of the accounts of that institution; and the institution has demonstrated that any foreseeable charge or dividend has been deducted from the amount of those profits.

               (2)

               Articles 2 and 3 of Commission Delegated Regulation (EU) No 241/2014 (3) specify the meaning of ‘foreseeable’ for the purposes of Article 26(2)(b) of Regulation (EU) No 575/2013.

               (3)

               Commission Implementing Regulation (EU) No 680/2014 (4) lays down uniform requirements in relation to supervisory reporting.

               (4)

               In accordance with Article 4(1)(d) of Regulation (EU) No 1024/2013, the European Central Bank (ECB) is the competent authority responsible for granting permission to credit institutions under its direct supervision to include interim or year-end profits in CET1 capital, where the abovementioned conditions are met.

               (5)

               Taking into account the fact that Delegated Regulation (EU) No 241/2014 has harmonised the approach to the deduction of foreseeable dividends from interim or year-end profits for the purposes of granting the permission referred to in Article 26(2) of Regulation (EU) No 575/2013, permission to include interim or year-end profits in CET1 capital should be granted when certain conditions are met.

               (6)

               In cases where the conditions to apply this Decision are not met the ECB will individually assess requests for permission to include interim or year-end profits in CET1 capital,

         HAS ADOPTED THIS DECISION:
   Article 1
   Subject matter and scope
   1.   This Decision lays down the conditions under which the ECB has determined to grant permission to credit institutions to include interim or year-end profits in CET1 capital pursuant to Article 26(2)(a) and (b) of Regulation (EU) No 575/2013.
   2.   This Decision is without prejudice to the right of credit institutions to request permission from the ECB to include interim or year-end profits in CET1 capital in cases not covered by this Decision.
   3.   This Decision applies to credit institutions for which the ECB carries out direct supervision in accordance with Regulation (EU) No 468/2014 of the European Central Bank (ECB/2014/17) (5).
   Article 2
   Definitions
   For the purposes of this Decision, the following definitions shall apply:

               (1)

               ‘credit institution’ means a credit institution as defined in point 1 of Article 4(1) of Regulation (EU) No 575/2013 and which is supervised by the ECB.

               (2)

               ‘consolidated basis’ has the same meaning as defined in point 48 of Article 4(1) of Regulation (EU) No 575/2013.

               (3)

               ‘sub-consolidated basis’ has the same meaning as defined in point 49 of Article 4(1) of Regulation (EU) No 575/2013.

               (4)

               ‘consolidating entity’ means the credit institution which shall comply with the requirements laid down in Regulation (EU) No 575/2013 on consolidated basis or sub-consolidated basis, as applicable, in accordance with Articles 11 and 18 of Regulation (EU) No 575/2013.

               (5)

               ‘interim profits’ means profits as laid down in the applicable accounting framework, computed for a reference period shorter than a full financial year, and before the credit institution has taken a formal decision confirming such a profit or loss of the institution.

               (6)

               ‘year-end profits’ means profits as defined in the applicable accounting framework, computed for a reference period equal to a full financial year, and before the credit institution has taken a formal decision confirming such a profit or loss of the institution.

               (7)

               ‘pay-out ratio at consolidated level’ means the ratio between: (a) dividends, other than those paid in a form that does not reduce CET1 capital (e.g. scrip-dividends), distributed to owners of the consolidating entity; and (b) profit after tax attributable to owners of the consolidating entity. If for a given year the ratio between (a) and (b) is negative or above 100 %, the pay-out ratio shall be deemed to be 100 %. If for a given year (b) is zero, the pay-out ratio shall be deemed to be 0 % if (a) is zero, and 100 % if (a) is above zero.

               (8)

               ‘pay-out ratio at solo level’ means the ratio between: (a) dividends, other than those paid in a form that does not reduce CET1 capital (e.g. scrip-dividends), distributed to owners of the entity; and (b) profit after tax. If for a given year the ratio between (a) and (b) is negative or above 100 %, the pay-out ratio shall be deemed to be 100 %. If for a given year (b) is zero, the pay-out ratio shall be deemed to be 0 % if (a) is zero and 100 % if (a) is above zero.

         Article 3
   Permission to include interim or year-end profits in CET1 capital
   1.   For the purposes of Article 26(2) of Regulation (EU) No 575/2013, credit institutions shall be permitted to include interim or year-end profits in CET1 capital before a formal decision confirming the final profit or loss of the institution for the year has been taken, provided that the credit institution has met the conditions set out in Articles 4 and 5 of this Decision.
   2.   The conditions set out in Articles 4 and 5 shall be met prior to submission of the applicable reporting on own funds and own funds requirements in accordance with the reporting remittance dates laid down in Article 3 of Implementing Regulation (EU) No 680/2014.
   3.   Credit institutions that intend to include interim or year-end profits in CET1 capital shall send a letter addressed to the ECB that includes the documentation required in Articles 4 and 5 of this Decision. Within three working days from receipt of the relevant documentation, the ECB shall notify credit institutions whether such documentation contains the information required in this Decision.
   Article 4
   Verification of the profits
   1.   The ECB shall consider that the verification requirement under Article 26(2)(a) of Regulation (EU) No 575/2013 has been met if the notifying credit institution provides the ECB with a document signed by its external auditor that complies with the requirements set out in paragraphs 3 and 4.
   2.   Credit institutions notifying their intention to include interim or year-end profits as CET1 capital, at various levels of consolidation or on an individual basis, may provide the document referred to in paragraph 1 at the highest level of consolidation.
   3.   For year-end profits, the verification shall consist either of an audit report or of a comfort letter stating that the audit has not been completed and nothing has come to the attention of the auditors that causes them to believe that the final report will include a qualified opinion.
   4.   For interim profits, the verification shall consist either of an audit report or of a review report (as defined by the International Standard on Review Engagements 2410 issued by the International Auditing and Assurance Standards Board or a comparable standard applicable at national level) or, provided that the verification carried out by the credit institution consists of an audit report, a comfort letter along the lines set out in paragraph 3.
   Article 5
   Deduction from profits of any foreseeable charge or dividend
   1.   In order to demonstrate that any foreseeable charges or dividends have been deducted from the amount of profits, the credit institution shall:

               (a)

               provide a declaration that those profits have been recorded in accordance with the principles set out in the applicable accounting framework and that the scope of prudential consolidation is not materially wider than the scope of verification referred to in the external auditor's document referred to in Article 4; and

               (b)

               submit to the ECB a document signed by a qualified person detailing the main components of those interim or year-end profits, including deductions for any foreseeable charges or dividends.

         2.   In those cases where interim or year-end profits are to be included on a consolidated or sub-consolidated basis, the requirements referred to in paragraph 1 shall be satisfied by the consolidating entity.
   3.   The dividends to be deducted shall be the amount formally proposed or decided by the management body. If such formal proposal or decision has not yet been taken, the dividend to be deducted shall be the highest of the following:

               (a)

               the maximum dividend calculated in accordance with internal dividend policy;

               (b)

               the dividend calculated on the basis of the average pay-out ratio over the last three years;

               (c)

               the dividend calculated on the basis of the previous year's pay-out ratio.

         4.   Any deduction of dividends based on an approach not listed in paragraph 3 shall not be covered by this Decision.
   5.   For the purposes of paragraph 1(b), a qualified person means a person who has been duly authorised by the institution's management body to sign on its behalf.
   6.   For the purposes of paragraph 1, institutions shall use the model letter in the Annex to this Decision.
   Article 6
   Entry into force
   1.   This Decision shall enter into force on 6 February 2015.
   2.   This Decision shall apply from the reporting reference date of 31 December 2014 in accordance with Article 2 of Implementing Regulation (EU) No 680/2014.

      Done at Frankfurt am Main, 4 February 2015.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 287, 29.10.2013, p. 63.

      (2)  Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).

      (3)  Commission Delegated Regulation (EU) No 241/2014 of 7 January 2014 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to regulatory technical standards for Own Funds requirements for institutions (OJ L 74, 14.3.2014, p. 8).

      (4)  Commission Implementing Regulation (EU) No 680/2014 of 16 April 2014 laying down implementing technical standards with regard to supervisory reporting of institutions according to Regulation (EU) No 575/2013 of the European Parliament and of the Council (OJ L 191, 28.6.2014, p. 1).

      (5)  Regulation (EU) No 468/2014 of the European Central Bank of 16 April 2014 establishing the framework for cooperation within the Single Supervisory Mechanism between the European Central Bank and national competent authorities and with national designated authorities (SSM Framework Regulation) (ECB/2014/17) (OJ L 141, 14.5.2014, p. 1).

      ANNEX
      [Name and details of the institution]
      [Name and details of the JST Coordinator]
      [Place, date]
      [Institution's reference]

         Inclusion of profits in Common Equity Tier 1 (CET1) capital

      Dear [Sir/Madam],
      For the purpose of the submission of supervisory reporting referred to [regulatory reporting reference date], pursuant to Article 26(2) of Regulation (EU) No 575/2013 of the European Parliament and of the Council and to Decision (EU) 2015/656 of the European Central Bank (ECB/2015/4), I hereby notify the intention of [name of the institution/banking group/banking sub-group] to include in its [individual/consolidated] CET1 capital the net profits resulting from its [interim/annual] financial statements as of [balance sheet date].
      The net profits to be included in CET1 capital have been calculated as follows:

                  (a)

                  undistributed pre-tax profit

                  [EUR 0]

                  (b)

                  taxes

                  [EUR 0]

                  (c)

                  other charges imposed by the supervisor (1)

                  [EUR 0]

                  (d)

                  other foreseeable charges not included in profit and loss statement (2)

                  [EUR 0]

                  (e)

                  total charges (b + c + d)

                  [EUR 0]

                  (f)

                  decided or proposed dividend (3)

                  [EUR 0/blank]

                  (g)

                  maximum dividend under internal policy (4)

                  [EUR 0]

                  (h)

                  dividend according to average pay-out ratio (last three years) (5)

                  [EUR 0]

                  (i)

                  dividend according to last year's pay-out ratio

                  [EUR 0]

                  (j)

                  dividend to be deducted (max (g, h, i) if (f) is blank; (f) otherwise)

                  [EUR 0]

                  (k)

                  impact of regulatory restrictions (6)

                  [EUR 0]

                  (l)

                  profit that can be included in CET1 (a – e – j + k)

                  [EUR 0]

            For the purposes of the above, I hereby declare that:

                  —

                  the figures above are accurate to the best of my knowledge;

                  —

                  the profits have been verified by persons who are independent of this institution and who are responsible for the auditing of this institution's accounts, as required by Article 26(2) of Regulation (EU) No 575/2013 and by Decision (EU) 2015/656 (ECB/2015/4). In this regard, I enclose the [audit report/review report/comfort letter] from [auditor's name];

                  —

                  the profits have been evaluated in accordance with the principles set out in the applicable accounting framework;

                  —

                  any foreseeable charge or dividend has been deducted from the amount of the profits, as shown above;

                  —

                  the amount of dividends to be deducted has been estimated in accordance with Decision (EU) 2015/656 (ECB/2015/4). In particular, deductible dividends are based on a formal decision/proposal or, if such formal decision/proposal is not available, on the highest of: (i) maximum dividend according to dividend policy; (ii) dividend based on the average pay-out ratio over the last three years; (iii) dividend based on last year's pay-out ratio. If the expected dividend pay-out has been calculated by using a pay-out range instead of a fixed value, the upper end of that range has been used;

                  —

                  the management body of [name of the institution/banking group/banking sub-group] commits to make a proposal for distributing dividends that is fully consistent with the above calculation of the net profits.

            Yours sincerely,
      [Name and position of authorised signatory]

         (1)  Article 3(1)(b) of Delegated Regulation (EU) No 241/2014.

         (2)  Article 3(2) of Delegated Regulation (EU) No 241/2014.

         (3)  Article 2(2) and (10) of Delegated Regulation (EU) No 241/2014. This should only be zero if there is a formal decision or proposal not to distribute any dividend. If there is no formal proposal or decision the field is left blank.

         (4)  Article 2(4) to (6) of Delegated Regulation (EU) No 241/2014.

         (5)  Article 2(7) of Delegated Regulation (EU) No 241/2014.

         (6)  Article 2(9) of Delegated Regulation (EU) No 241/2014.


title: 2013/786/EU: Council Decision of 16 December 2013 on the signing, on behalf of the European Union, and the provisional application of the Protocol between the European Union and the Union of the Comoros setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement currently in force between the two parties

text:
                  21.12.2013

                  EN

                  Official Journal of the European Union

                  L 349/4

         COUNCIL DECISION
         of 16 December 2013
         on the signing, on behalf of the European Union, and the provisional application of the Protocol between the European Union and the Union of the Comoros setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement currently in force between the two parties
         (2013/786/EU)
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43 in conjunction with Article 218(5) thereof,
         Having regard to the proposal from the European Commission,
         Whereas:

                     (1)

                     On 5 October 2006, the Council approved the conclusion of the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros (the ‘Partnership Agreement’) by adopting Regulation (EC) No 1563/2006 (1).

                     (2)

                     The Protocol to the Partnership Agreement (2), currently in force, expires on 30 December 2013.

                     (3)

                     The Council authorised the Commission to negotiate a new protocol granting vessels of the European Union fishing opportunities in Comoros waters. At the end of those negotiations, a new Protocol was initialled on 5 July 2013.

                     (4)

                     In order to guarantee the continuation of fishing activities by vessels of the European Union, the new Protocol should be applied provisionally as from 1 January 2014, pending the completion of the procedures for its conclusion.

                     (5)

                     The new Protocol should therefore be signed,

               HAS ADOPTED THIS DECISION:

            Article 1
            The signing, on behalf of the European Union, of the Protocol between the European Union and the Union of the Comoros setting out the fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement (the ‘Protocol’) in force between the two parties is hereby authorised, subject to its conclusion.
            The text of the Protocol is attached to this Decision.

            Article 2
            The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the European Union.

            Article 3
            The Protocol shall be applied provisionally from 1 January 2014, pending completion of the procedures for its conclusion.

            Article 4
            This Decision shall enter into force on the day of its adoption.

            Done at Brussels, 16 December 2013.

                  For the Council

                  The President

               V. JUKNA

            (1)  Council Regulation (EC) No 1563/2006 of 5 October 2006 on the conclusion of the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros (OJ L 290, 20.10.2006, p. 6).

            (2)  Protocol setting out the fishing opportunities and financial contribution provided for in the Partnership Agreement in the fisheries sector between the European Community and the Union of the Comoros (OJ L 335, 18.12.2010, p. 3).


Avis juridique important

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31974Y1025(16)

ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS DECISION NO 90 OF 24 MAY 1973 CONCERNING THE COMPILATION OF THE LISTS PROVIDED FOR IN ARTICLE 94 ( 4 ) AND ARTICLE 95 ( 4 ) OF COUNCIL REGULATION ( EEC ) NO 574/72 OF 21 MARCH 1972

Official Journal C 131 , 25/10/1974 P. 0016 Spanish special edition: Chapter 05 Volume 2 P. 0043  Portuguese special edition Chapter 05 Volume 2 P. 0043

++++ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS  DECISION NO 90  OF 24 MAY 1973  CONCERNING THE COMPILATION OF THE LISTS PROVIDED FOR IN ARTICLE 94 ( 4 ) AND ARTICLE 95 ( 4 ) OF COUNCIL REGULATION ( EEC ) NO 574/72 OF 21 MARCH 1972  THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS .  HAVING REGARD TO ARTICLE 81 ( A ) OF REGULATION ( EEC ) NO 1408/71 UNDER WHICH IT IS GIVEN THE RESPONSIBILITY FOR DEALING WITH ALL ADMINISTRATIVE QUESTIONS ARISING FROM COUNCIL REGULATIONS ( EEC ) NO 1408/71 AND  ( EEC ) NO 574/72 ;  HAVING REGARD TO ARTICLE 36 ( 2 ) OF THE ABOVEMENTIONED REGULATION ( EEC ) NO 1408/71 ;  HAVING REGARD TO ARTICLE 17 ( 1 ) TO ( 4 ) , ARTICLE 29  ( 1 ) TO ( 3 ) , ARTICLE 94 ( 4 ) AND ( 5 ) , ARTICLE 95  ( 4 ) AND ( 5 ) , AND ARTICLE 102 ( 2 ) OF REGULATION  ( EEC ) NO 574/72 ;  WHEREAS DECISION NO 53 , PUBLISHED IN OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES NO 107 OF 6 JULY 1964 , HAS BECOME INVALID FOLLOWING THE ENTRY INTO FORCE OF COUNCIL REGULATIONS ( EEC ) NO 1408/71 AND  ( EEC ) NO 574/72 , BUT TAKING ACCOUNT OF THE PROVISIONS OF THE SAID REGULATIONS , THERE ARE GROUNDS FOR ADOPTING A NEW DECISION .  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE LISTS PROVIDED FOR IN ARTICLE 94 ( 4 ) AND ARTICLE 95 ( 4 ) OF REGULATION ( EEC ) NO 574/72 SHALL BE COMPILED ACCORDING TO THE FOLLOWING RULES :  I . LIST PROVIDED FOR IN ARTICLE 94 ( 4 )  ( FAMILIES OF WORKERS )  1 . THE FOLLOWING PROCEDURE IS HEREBY LAID DOWN FOR THE PURPOSE OF IMPLEMENTING ARTICLE 17 ( 1 ) TO  ( 4 ) OF REGULATION ( EEC ) NO 574/72 :  AT THE WORKER'S REQUEST , THE COMPETENT INSTITUTION , AFTER HAVING COMPLETED PART A OF FORM E 109 , SHALL SEND OR FORWARD TWO COPIES OF THE FORM TO THE WORKER WHO SHALL TRANSMIT THEM TO THE MEMBERS OF HIS FAMILY . THE MEMBERS OF THE FAMILY SHOULD SUBMIT THE TWO COPIES TO THE SICKNESS INSURANCE INSTITUTION OF THEIR PLACE OF RESIDENCE WHEN THEY REGISTER TO RECEIVE BENEFITS IN KIND .  IF THE MEMBERS OF THE FAMILY DO NOT SUBMIT THE ABOVEMENTIONED CERTIFICATE , THE INSTITUTION OF THE PLACE OF RESIDENCE SHALL MAKE APPLICATION TO THE COMPETENT INSTITUTION BY MEANS OF A FORM E 107 ; IN WHICH CASE THE LATTER INSTITUTION SHALL SEND TWO COPIES OF THE CERTIFICATE TO THE INSTITUTION OF THE PLACE OF RESIDENCE .  AFTER HAVING COMPLETED PART B THE INSTITUTION OF THE PLACE OF RESIDENCE OF THE MEMBERS OF THE FAMILY SHALL SEND ONE COPY TO THE INSURANCE INSTITUTION WITH WHICH THE WORKER IS INSURED .  2 . THE LUMP SUMS SHALL BE CALCULATED FROM THE DATE ON WHICH ENTITLEMENT TO BENEFITS IN KIND IS ACQUIRED UNDER THE LEGISLATION OF THE COMPETENT COUNTRY , UNLESS THE MEMBERS OF THE FAMILY ARE STILL ENTITLED TO RECEIVE BENEFITS IN KIND IN THE COUNTRY OF RESIDENCE UNDER THE REGULATIONS . IN THE LATTER CASE , THE LUMP SUMS SHALL BE CALCULATED FROM THE DATE ON WHICH SUCH ENTITLEMENT ENDS . THE INSTITUTION OF THE PLACE OF RESIDENCE SHALL TAKE ACCOUNT OF THIS PROVISION WHEN IT INDICATES THE DATE FROM WHICH THE LUMP SUMS ARE CALCULATED AT 10.10 OF FORM E 109 .  3 . THE COMPETENT INSTITUTION SHALL INFORM THE INSTITUTION OF THE PLACE OF RESIDENCE OF ANY WITHDRAWAL OF ENTITLEMENT TO BENEFITS IN KIND BY SENDING TWO COPIES OF FORM E 108 . THE INSTITUTION OF THE PLACE OF RESIDENCE SHALL RETURN ONE OF THESE COPIES TO THE COMPETENT INSTITUTION .  4 . THE INSTITUTION OF THE PLACE OF RESIDENCE SHALL KEEP THE LIST UP TO DATE ON THE BASIS OF INFORMATION SUPPLIED BY THE COMPETENT INSTITUTIONS ON THE ACQUISITION ( FORM E 109 ) AND SUSPENSION OR WITHDRAWAL OF THE RIGHT TO BENEFITS ( FORM E 108 OR , IN THE CASE OF FRANCE , FORM E 109 ) , WHICH SHOULD BE SUBMITTED EVERY THREE MONTHS .  5 . WHEN THE MEMBERS OF THE WORKER'S FAMILY TRANSFER THEIR RESIDENCE TO THE TERRITORY OF ANOTHER MEMBER STATE , PARAGRAPH 1 ABOVE SHALL ONCE AGAIN BE APPLIED .  6 . FOR THE CALCULATION OF THE LUMP SUMS THE PERIOD DURING WHICH THE PERSONS CONCERNED MAY CLAIM BENEFIT SHOULD BE COUNTED IN MONTHS .  THE NUMBER OF MONTHS SHALL BE OBTAINED BY COUNTING AS A WHOLE MONTH THE CALENDER MONTH WHICH CONTAINS THE DAY FROM WHICH THE CALCULATION OF THE LUMP SUMS HAS BEEN MADE .  THE CALENDAR MONTH IN WHICH ENTITLEMENT TO BENEFIT ENDED SHALL NOT BE COUNTED UNLESS IT IS A FULL MONTH .  IF THE PERIOD IS LESS THAN ONE MONTH IT SHALL BE COUNTED AS A FULL MONTH .  7 . WHERE THE MEMBERS OF A WORKER'S FAMILY ARE LIVING IN SEVERAL COUNTRIES OF RESIDENCE OTHER THAN THE COUNTRY IN WHICH THE WORKER IS EMPLOYED AND IF THE RIGHT TO BENEFIT HAS BEEN ACQUIRED IN EACH COUNTRY OF RESIDENCE , A LUMP SUM SHOULD BE CALCULATED FOR EACH COUNTRY .  8 . THE LUMP SUMS SHALL BE CALCULATED ON THE BASIS OF THE FIGURES OBTAINED FROM THE DOCUMENTS REFERRED TO IN PARAGRAPH 4 ABOVE .  II . LIST PROVIDED FOR IN ARTICLE 95 ( 4 )  ( PENSIONERS AND THEIR FAMILIES )  1 . THE LIST SHALL BE COMPILED BY USING FORM E 121 PROVIDED FOR IN THE IMPLEMENTATION OF ARTICLE 29 ( 1 ) TO ( 3 ) OF REGULATION ( EEC ) NO 574/72 AND FORM E 108 RELATING TO THE SUSPENSION OR WITHDRAWAL OF ENTITLEMENT TO BENEFITS .  2 . THE DATE FROM WHICH THE LUMP SUMS ARE CALCULATED SHALL BE :   ( A ) THE DATE ON WHICH THE INSTITUTION OF THE PLACE OF RESIDENCE RECEIVES FORM E 121 . THIS DATE SHOULD BE ENTERED AT 9.12 OF FORM E 121 AND IS THE DATE ON WHICH FORM E 120 CEASES TO HAVE EFFECT .   ( B ) THE DATE ON WHICH THE PERSON CONCERNED ACQUIRES THE RIGHT TO BENEFITS IN KIND UNDER THE LEGISLATION OF THE COMPETENT COUNTRY , IF FORM E 120 HAS NOT BEEN ISSUED ; THIS DATE SHOULD BE ENTERED AT POINT 5.3 OF FORM E 121 ;   ( C ) THE DATE OF TRANSFER OF RESIDENCE IF IT FALLS AFTER THE DATE MENTIONED AT POINTS ( A ) AND ( B ) ABOVE .  IF THE PENSIONERS OR THE MEMBERS OF THEIR FAMILIES ARE STILL ENTITLED TO BENEFITS UNDER THE LEGISLATION OF THEIR COUNTRY OF RESIDENCE , THE LUMP SUM SHALL BE CALCULATED FROM THE DATE ON WHICH SUCH ENTITLEMENT ENDS .  3 . THE PROVISIONS RELATING TO THE LISTS PROVIDED FOR IN ARTICLE 94 ( 4 ) OF REGULATION ( EEC ) NO 574/72 , WHICH ARE THE SUBJECT OF POINTS 3 TO 8 OF PART I ABOVE , SHALL APPLY BY ANALOGY .  ARTICLE 2  FOR THE IMPLEMENTATION OF ARTICLE 102 ( 2 ) OF REGULATION  ( EEC ) NO 574/72 , THE INSTITUTIONS OF THE PLACE OF RESIDENCE SHALL SEND ANNUALLY TO THE INSTITUTIONS AND BODIES OF THEIR COUNTRY , DESIGNATED IN ANNEX 10 TO REGULATION ( EEC ) NO 574/72 , THE INDIVIDUAL RECORDS OF MONTHLY LUMP SUMS ( FORM E 127 ( 1 ) ) COMPILED ON THE BASIS OF THE LISTS PROVIDED FOR IN ARTICLE 94 AND ARTICLE 95 OF REGULATION ( EEC ) NO 574/72 .  THE DESIGNATED INSTITUTIONS AND BODIES OF THE COUNTRY OF RESIDENCE SHALL FORWARD THE SAID RECORDS TO THE DESIGNATED INSTITUTIONS AND BODIES OF THE COMPETENT COUNTRY .  FORM E 127 GIVES THE NUMBER OF MONTHLY LUMP SUMS DUE OVER ONE YEAR FOR EACH WORKER'S FAMILY OR PENSIONER .  ARTICLE 3  THIS DECISION SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . IT SHALL BE APPLICABLE FROM 1 JANUARY 1973 IN THE SIX ORIGINAL MEMBER STATES AND , IN ACCORDANCE WITH THE TREATY OF ACCESSION , FROM 1 APRIL 1973 IN THE THREE NEW MEMBER STATES .  THE PRESIDENT OF THE ADMINISTRATIVE COMMISSION  J . DONIS  ( 1 ) OJ NO L 363 , 30 . 12 . 1973 .


title: 2014/345/EU: Commission Decision of 6 June 2014 amending Decision 2012/481/EU establishing the ecological criteria for the award of the EU Ecolabel for printed paper (notified under document C(2014) 3590)  Text with EEA relevance

text:
               11.6.2014

               EN

               Official Journal of the European Union

               L 170/64

         COMMISSION DECISION
   of 6 June 2014
   amending Decision 2012/481/EU establishing the ecological criteria for the award of the EU Ecolabel for printed paper

         (notified under document C(2014) 3590)

   (Text with EEA relevance)

      (2014/345/EU)

   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (1), and in particular 8(2) thereof,
   After consulting the European Union Eco-Labelling Board,
   Whereas:

               (1)

               Commission Decision 2012/481/EU (2) excludes board substrates above 400 g/m2 from the scope, as that Decision requires that printed paper products are printed only on paper bearing the EU Ecolabel as established in Commission Decision 2011/333/EU (3) or in Commission Decision 2012/448/EU (4). However, certain product categories, such as pads, notebooks, exercise books, spiral-bound notebooks and calendars with covers, included in the scope of Decision 2012/481/EU, entail the use of paperboard substrates which exceed 400 g/m2. Therefore, the implementation of the criteria for certain products has been impossible.

               (2)

               The scope of Commission Decision 2014/256/EU (5) includes stationery paper products that consist of at least 70 % by weight of paper, paperboard or paper-based substrates and establishes requirements for board substrates with a basis weight higher than 400 g/m2.

               (3)

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

               (4)

               Decision 2012/481/EU should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2012/481/EU is amended as follows:

               (1)

               in Article 1, paragraph 1 is replaced by the following:
               ‘1.   The product group “printed paper” shall comprise any printed paper product that consist of at least 90 % by weight of paper, paperboard or paper-based substrates, except for books, catalogues, booklets or forms that shall consist of at least 80 % by weight of paper or paperboard or paper-based substrates. Inserts, covers and any printed paper part of the final printed paper shall be considered to form part of the printed paper product.’;

               (2)

               in paragraph 3 of Article 1, point (c) is replaced by the following:

                           ‘(c)

                           folders, envelopes, ring binders and stationery paper products.’;

               (3)

               in Article 2, point (1) is replaced by the following:

                           ‘(1)

                           “Books” means yarn-bound and/or glue-bound printed paper products with hard or soft covers, such as school books, fiction or non-fiction books, reports, handbooks and paperbacks. “Books” do not include journals, brochures, magazines, catalogues published on a regular basis and annual reports.’;

               (4)

               in Article 2, point (9) is replaced by the following:

                           ‘(9)

                           A “printed paper product” means the product resulting from the processing of a printing material. The processing consists of printing onto paper. In addition to printing, the processing may include finishing, for example folding, stamping and cutting or assembling, using glue, binding, yarn-binding. Printed paper products include newspapers, advertising materials and news-sheets, journals, catalogues, books, leaflets, brochures, posters, business cards and labels.’;

               (5)

               Criterion 3 in Annex to Decision 2012/481/EU is amended:

                  ‘Criterion 3 — Recyclability

               The printed paper product shall be recyclable. The printed paper shall be de-inkable and the non-paper components of the printed paper product shall be easily removable to ensure that those components will not hinder the recycling process.

                           (a)

                           Wet strength agents may be used only if the recyclability of the finished product can be proved.

                           (b)

                           Adhesives may be used only if their removability can be proved.

                           (c)

                           Coating varnishes and lamination, including polyethene and/or polyethene/polypropylene, may be used only for covers of books, magazines and catalogues.

                           (d)

                           The de-inkability shall be proved.

                  Assessment and verification: the applicant shall provide the test result of the recyclability for wet strength agents and removability for adhesives. The reference test methods are PTS method PTS-RH 021/97 (for wet strength agents), INGEDE Method 12 (for non-soluble adhesive removability), or equivalent test methods. The de-inkability shall be proven by using the “Deinking Scorecard” (6) of the European Recovered Paper Council or equivalent test methods. Testing shall be performed on three types of paper: uncoated, coated and surface-sized paper. If a type of printing ink is only sold for one or two specific types of paper, it is sufficient to test the paper type(s) in question. The applicant shall provide a declaration that coated and laminated printed paper products are in compliance with point 3(c). Where a part of a printed paper product is easily removable (for instance a plastic cover), the recyclability test may be made without this component. The easiness of removal of the non-paper components shall be proven via a declaration of the paper collecting company, the recycling company or an equivalent organisation. Test methods shown by a competent and independent third party as giving equivalent results may also be used.

                  (6)  Assessment of Print Product Recyclability — Deinkability Score — User's Manual, www.paperrecovery.org, “Publications”.’"

         Article 2
   This Decision is addressed to the Member States.

      Done at Brussels, 6 June 2014.

            For the Commission

         Janez POTOČNIK

            Member of the Commission

      (1)  OJ L 27, 30.1.2010, p. 1.

      (2)  Commission Decision 2012/481/EU of 16 August 2012 establishing the ecological criteria for the award of the EU Ecolabel for printed paper (OJ L 223, 21.8.2012, p. 55).

      (3)  Commission Decision 2011/333/EU of 7 June 2011 establishing the ecological criteria for the award of the EU Ecolabel for copying and graphic paper (OJ L 149, 8.6.2011, p. 12).

      (4)  Commission Decision 2012/448/EU of 12 July 2012 establishing the ecological criteria for the award of the EU Ecolabel for newsprint paper (OJ L 202, 28.7.2012, p. 26).

      (5)  Commission Decision 2014/256/EU of 2 May 2014 establishing the ecological criteria for the award of the EU Ecolabel for converted paper products (OJ L 135, 8.5.2014, p. 24).


Avis juridique important

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32001D0505

2001/505/EC: Council Decision of 26 June 2001 on the accession of the European Community to United Nations Economic Commission for Europe Regulation No 105 on the approval of vehicles intended for the carriage of dangerous goods with regard to their specific constructional features

Official Journal L 183 , 06/07/2001 P. 0033 - 0033

Council Decisionof 26 June 2001on the accession of the European Community to United Nations Economic Commission for Europe Regulation No 105 on the approval of vehicles intended for the carriage of dangerous goods with regard to their specific constructional features(2001/505/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions ("Revised 1958 Agreement")(1), and in particular Article 3(3) and the second indent of Article 4(2) thereof,Having regard to the proposal from the Commission(2),Having regard to the assent of the European Parliament(3),Whereas:(1) The standard requirements of United Nations Economic Commission for Europe Regulation No 105 on the approval of vehicles intended for the carriage of dangerous goods with regard to their specific constructional features are intended to remove technical barriers to trade in motor vehicles between the Contracting Parties in respect of specific constructional features of vehicles intended for the carriage of dangerous goods and to ensure a high level of safety and environmental protection.(2) Regulation No 105 has been notified to the Contracting Parties and has entered into force in respect of all the Contracting Parties who did not serve notice of their disagreement by the date or dates specified therein as a Regulation annexed to the Revised Agreement of 1958.(3) Regulation No 105 should be incorporated into the Community approval system for motor vehicles and thus be added to the legislation in force within the Community,HAS DECIDED AS FOLLOWS:Sole ArticleThe European Community shall accede to United Nations Economic Commission for Europe Regulation No 105 on the approval of vehicles intended for the carriage of dangerous goods with regard to their specific constructional features.The text of the Regulation is attached hereto(4).Done at Luxembourg, 26 June 2001.For the CouncilThe PresidentT. Östros(1) OJ L 346, 17.12.1997, p. 78.(2) OJ C 274 E 26.9.2000, p. 76.(3) Assent given on 15 May 2001 (not yet published in the Official Journal).(4) This Regulation shall be published in a future Official Journal.


title: 2007/620/EC,Euratom: Council Decision of 26 September 2007 appointing a Latvian member of the European Economic and Social Committee

text:
               28.9.2007

               EN

               Official Journal of the European Union

               L 253/37

      COUNCIL DECISION

   of 26 September 2007
   appointing a Latvian member of the European Economic and Social Committee
   (2007/620/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
   Having regard to Council Decision 2006/524/EC, Euratom of 11 July 2006 appointing Czech, German, Estonian, Spanish, French, Italian, Latvian, Lithuanian, Luxembourg, Hungarian, Maltese, Austrian, Slovenian and Slovak members of the European Economic and Social Committee for the period from 21 September 2006 to 20 September 2010 (1),
   Having regard to the nomination submitted by the Latvian Government,
   Having regard to the opinion of the Commission,
   Whereas a Latvian member's seat on the European Economic and Social Committee has fallen vacant following the resignation of Mr Andris BĒRZIŅŠ,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Gundars STRAUTMANIS is hereby appointed a member of the European Economic and Social Committee in place of Mr Andris BĒRZIŅŠ for the remainder of the latter's term of office, which runs until 20 September 2010.
   Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Brussels, 26 September 2007.

            For the Council

            The President

         J. SILVA

      (1)  OJ L 207, 28.7.2006, p. 30.


Avis juridique important

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32000D0209(02)

Council Decision of 31 January 2000 appointing a member of the Advisory Committee of the Euratom Supply Agency

Official Journal C 037 , 09/02/2000 P. 0002 - 0002

COUNCIL DECISIONof 31 January 2000appointing a member of the Advisory Committee of the Euratom Supply Agency(2000/C 37/02)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second and third paragraphs of Article 54 thereof,Having regard to Article X of the Statutes of the Euratom Supply Agency(1), as last amended by Decision 95/1/EC, Euratom, ECSC of 1 January 1995(2),Having regard to the Council Decision of 14 June 1999 appointing the members of the Advisory Committee of the Euratom Supply Agency(3),Having regard to the opinion of the Commission,Whereas a member's seat on the aforementioned Committee has become vacant following the resignation of Mr Diego MOLINA OTERO, which was brought to the Council's attention on 28 May 1999;Whereas that vacancy should be filled;Having regard to the nomination submitted by the Spanish Government on 28 May 1999,HAS DECIDED AS FOLLOWS:Sole ArticleMr Enrique VALERO ABAD is hereby appointed a member of the Advisory Committee of the Euratom Supply Agency for the remainder of the Committee's term of office, that is until 28 March 2001.Done at Brussels, 31 January 2000.For the CouncilThe PresidentJ. PINA MOURA(1) OJ 27, 6.12.1958, p. 534/58.(2) OJ L 1, 1.1.1995, p. 1.(3) OJ C 186, 2.7.1999, p. 1.