title: Council Decision (EU) 2016/1709 of 20 September 2016 appointing a member, proposed by the Portuguese Republic of the Committee of the Regions

text:
               23.9.2016

               EN

               Official Journal of the European Union

               L 257/16

         COUNCIL DECISION (EU) 2016/1709
   of 20 September 2016
   appointing a member, proposed by the Portuguese Republic of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Portuguese Government,
   Whereas:

               (1)

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

               (2)

               A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr José Luís PEREIRA CARNEIRO,

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

               —

               Mr Luís Miguel DA SILVA MENDONÇA ALVES, Presidente da Câmara de Caminha.

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

      Done at Brussels, 20 September 2016.

            For the Council

            The President

         I. KORČOK

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

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

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


Avis juridique important

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31970D0552

70/552/EEC: Council Decision of 16 December 1970 on the rules applicable, in the fields of export guarantees and finance for export, to certain sub-contracting in other member countries of the European Communities or in non-member countries

Official Journal L 284 , 30/12/1970 P. 0059 - 0061 Danish special edition: Series I Chapter 1970(III) P. 0857  English special edition: Series I Chapter 1970(III) P. 0966  Greek special edition: Chapter 11 Volume 2 P. 0054

+++++( 1 ) OJ NO 66 , 27 . 10 . 1960 , P . 1339/60 .  COUNCIL DECISION OF 16 DECEMBER 1970 ON THE RULES APPLICABLE , IN THE FIELDS OF EXPORT GUARANTEES AND FINANCE FOR EXPORT , TO CERTAIN SUB-CONTRACTING IN OTHER MEMBER COUNTRIES OF THE EUROPEAN COMMUNITIES OR IN NON-MEMBER COUNTRIES ( 70/552/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE COUNCIL DECISION OF 27 SEPTEMBER 1960 ( 1 ) SETTING UP A POLICY CO-ORDINATION GROUP FOR CREDIT INSURANCE , CREDIT GUARANTEES AND FINANCIAL CREDITS ;  HAVING REGARD TO THE FIRST REPORT OF THE POLICY CO-ORDINATION GROUP FOR CREDIT INSURANCE , CREDIT GUARANTEES AND FINANCIAL CREDITS , APPROVED BY THE COUNCIL AT ITS MEETING OF 14/15 MAY 1962 ;  HAVING REGARD TO THE PRINCIPLES APPROVED BY THE COUNCIL RELATING TO AUTOMATIC INCLUSION OF SUB-CONTRACTS WITH PARTIES IN OTHER MEMBER COUNTRIES OF THE EUROPEAN COMMUNITIES OR IN NON-MEMBER COUNTRIES ; IN THE COVER WHICH MAY BE GRANTED TO THE PRINCIPAL CONTRACTOR ;  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ;  WHEREAS , AFTER THE TRANSITIONAL PERIOD HAS ENDED , THE COMMON EXPORT POLICY IS TO BE BASED ON UNIFORM PRINCIPLES ; WHEREAS THIS DECISION WILL , CONSEQUENTLY , ONLY APPLY TO RELATIONS WITH THIRD COUNTRIES ;  WHEREAS IT IS NECESSARY TO SPECIFY THE CONDITIONS AND PROCEDURE FOR APPLICATION OF THOSE PRINCIPLES ;  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE RULES APPLICABLE IN EACH MEMBER STATE TO THE AUTOMATIC INCLUSION , OF SUB-CONTRACTS WITH PARTIES IN OTHER MEMBER COUNTRIES OF THE EUROPEAN COMMUNITIES OR IN NON-MEMBER COUNTRIES IN THE COVER WHICH MAY BE GRANTED TO THE PRINCIPAL CONTRACTOR , ARE DEFINED IN THE PROVISIONS SET OUT IN THE ANNEX TO THIS DECISION .  ARTICLE 2  THOSE PROVISIONS SHALL APPLY TO THE SUB-CONTRACTING DESCRIBED IN THAT ANNEX AND RELATING TO EXPORT TRANSACTIONS CONCLUDED ON THE BASIS OF PRIVATELY GUARANTEED CREDITS . THEY SHALL ALSO APPLY , AS REGARDS SECTIONS I , II AND IV , TO SUB-CONTRACTING RELATING TO EXPORT TRANSACTIONS CONCLUDED ON THE BASIS OF CREDITS INVOLVING ANY FORM OF FINANCIAL SUPPORT FROM A MEMBER STATE .  ARTICLE 3  THIS DECISION SHALL ENTER INTO FORCE ON 1 JANUARY 1971 .  DONE AT BRUSSELS , 16 DECEMBER 1970 .  FOR THE COUNCIL  THE PRESIDENT  H . LEUSSINK  ANNEX  RULES APPLICABLE TO THE AUTOMATIC INCLUSION OF SUB-CONTRACTS WITH PARTIES IN OTHER MEMBER COUNTRIES OF THE EUROPEAN COMMUNITIES OR IN NON-MEMBER COUNTRIES IN THE COVER WHICH MAY BE GRANTED TO THE PRINCIPAL CONTRACTOR  SECTION I - DEFINITION OF " SUB-CONTRACT "  " SUB-CONTRACT " MEANS A CONTRACT CONCLUDED BY AN UNDERTAKING ( HEREINAFTER CALLED THE " PRINCIPAL CONTRACTOR " ) WITH ANOTHER UNDERTAKING ( HEREINAFTER CALLED THE " SUB-CONTRACTOR " ) UNDER WHICH IT IS AGREED THAT , IN PERFORMANCE OF ANOTHER CONTRACT MADE BETWEEN THE PRINCIPAL CONTRACTOR AND A THIRD UNDERTAKING ( HEREINAFTER CALLED THE " BUYER " ) , THE SUB-CONTRACTOR WILL DELIVER GOODS OR PERFORM SERVICES WHICH THE PRINCIPAL CONTRACTOR MUST INCORPORATE OR USE IN PERFORMING THE SUBJECT-MATTER OF THE CONTRACT OR CONTRACTS WHICH THE BUYER HAS MADE WITH HIM , IT BEING UNDERSTOOD THAT :  ( A ) POSITION IN LAW  THE SUB-CONTRACTOR IS NOT A CO-SIGNATORY TO THE CONTRACT CONCLUDED BETWEEN THE PRINCIPAL CONTRACTOR AND THE BUYER , AND  THE PRINCIPAL CONTRACTOR HAS SOLE RESPONSIBILITY TO THE BUYER FOR PERFORMANCE OF THE CONTRACT AND BEARS ALL THE RISKS WHICH MAY BE GUARANTEED IN RELATION TO THE LATTER .  ( B ) TECHNICAL AND ECONOMIC POSITION  SUPPLIES FROM THE SUB-CONTRACTOR COVER GOODS ( OTHER THAN RAW MATERIALS OR SEMI-FINISHED GOODS ) AND/OR SERVICES WHICH , FROM THE TECHNICAL AND ECONOMIC POINT OF VIEW , CONSTITUTE FOR THE BUYER ESSENTIAL ANCILLARIES TO PERFORMANCE OF THE CONTRACT BY THE PRINCIPAL CONTRACTOR .  SECTION II - AUTOMATIC INCLUSION OF SUB-CONTRACTING  1 . SUB-CONTRACTS EXCLUSIVELY WITH PARTIES IN ONE OR MORE MEMBER STATES SHALL BE AUTOMATICALLY INCLUDED IN THE COVER WHICH MAY BE GRANTED TO THE PRINCIPAL CONTRACTOR WHERE THE AMOUNT OF SUCH SUB-CONTRACTS IS EQUAL TO OR LESS THAN :  - 40 % FOR CONTRACTS OF A VALUE LESS THAN 7 500 000 UNITS OF ACCOUNT ,  - 3 000 000 UNITS OF ACCOUNT FOR CONTRACTS OF A VALUE BETWEEN 7 500 000 AND 10 000 000 UNITS OF ACCOUNT ,  - 30 % FOR CONTRACTS OF A VALUE OVER 10 000 000 UNITS OF ACCOUNT .  HOWEVER , WHERE THE PRINCIPAL CONTRACTOR'S CREDIT INSURER IS UNABLE , BECAUSE THE RISK INHERENT IN THE TRANSACTION IS PARTICULARLY HEAVY , TO SUPPORT COVER FOR THE WHOLE OF THE TRANSACTION , CONSULTATION BETWEEN THE INTERESTED CREDIT INSURANCE ORGANISATIONS SHALL TAKE PLACE WITH A VIEW TO RESOLVING THE PROBLEM BY MEANS OF JOINT INSURANCE OR , IF POSSIBLE , RE-INSURANCE .  2 . WHERE EXPORT CONTRACTS INVOLVE SUB-CONTRACTING BOTH IN MEMBER COUNTRIES OF THE EUROPEAN COMMUNITIES AND IN NON-MEMBER COUNTRIES , THE SUB-CONTRACTING IN MEMBER COUNTRIES SHALL BE AUTOMATICALLY INCLUDED , IN SO FAR AS THE TOTAL SUB-CONTRACTING IN ALL COUNTRIES DOES NOT EXCEED THE PERCENTAGES AND THE LIMITS AS FIXED IN PARAGRAPH 1 BY REFERENCE TO THE VALUE OF THE CONTRACT .  3 . IT IS UNDERSTOOD THAT , ON A RECIPROCAL BASIS , THE FOREIGN ORIGIN OF THE SUB-CONTRACTED ITEMS WHICH ARE INCLUDED ACCORDING TO THE PROCEDURE REFERRED TO WILL NOT LEAD TO DISCRIMINATION WHERE FINANCING OF THESE ITEMS IS CONCERNED .  SECTION III - EXCHANGE OF INFORMATION  1 . A SUBSEQUENT EXCHANGE OF INFORMATION SHALL TAKE PLACE WITHIN THE FRAMEWORK OF THE POLICY CO-ORDINATION GROUP FOR CREDIT INSURANCE , CREDIT GUARANTEES AND FINANCIAL CREDITS AS REGARDS INDIVIDUAL CONTRACTS IN RESPECT OF WHICH THE SUB-CONTRACTING IN NON-MEMBER COUNTRIES EXCEEDS 30 % AND , IN RESPECT OF MIXED SUB-CONTRACTING BOTH IN MEMBER AND NON-MEMBER COUNTRIES WHERE THEIR TOTAL VALUE EXCEEDS THAT PERCENTAGE .  SUCH EXCHANGE OF INFORMATION SHALL , HOWEVER , ONLY TAKE PLACE FOR INDIVIDUAL CONTRACTS EXCEEDING 500 000 UNITS OF ACCOUNT IN VALUE AND INVOLVING CREDIT FOR A PERIOD OF MORE THAN THREE YEARS .  THE FOLLOWING SHALL APPLY :  - SUCH INDIVIDUAL CONTRACTS ARE TO BE CONSIDERED AS EXCEPTIONAL ;  - A STUDY MAY AT ANY TIME BE MADE WITHIN THE CO-ORDINATION GROUP OF THE DIFFICULTIES WHICH MAY ARISE IN CONNECTION WITH CERTAIN INDIVIDUAL CONTRACTS REPORTED WITHIN THE FRAMEWORK OF THE SUBSEQUENT EXCHANGE OF INFORMATION ;  - IF EXPERIENCE SHOWS THAT THE SUBSEQUENT EXCHANGE OF INFORMATION PROCEDURE IS UNSATISFACTORY , THE COMMISSION AND THE MEMBER STATES MAY REQUEST THAT WAYS AND MEANS BE SOUGHT OF REMEDYING THOSE ASPECTS THAT ARE FOUND TO BE UNSATISFACTORY .  2 . WHERE A MEMBER STATE PROPOSES TO CONCLUDE WITH A NON-MEMBER COUNTRY AN AGREEMENT RELATING TO INCLUSION OF SUB-CONTRACTS ON A RECIPROCAL BASIS , THE MEMBER STATE CONCERNED SHALL SUBMIT A PRELIMINARY NOTIFICATION TO BE FOLLOWED BY CONSULTATIONS WITHIN THE FRAMEWORK OF THE POLICY CO-ORDINATION GROUP FOR CREDIT INSURANCE , CREDIT GUARANTEES AND FINANCIAL CREDITS . THE PERCENTAGES RELATING TO AUTOMATIC INCLUSION ALLOWABLE IN SUCH AGREEMENTS MAY NOT - UNLESS THE COUNCIL DECIDES OTHERWISE - EXCEED 30 % IRRESPECTIVE OF WHETHER THE SUB-CONTRACTING IS IN THE NON-MEMBER COUNTRY WITH WHICH THE AGREEMENT HAS BEEN MADE OR WHETHER SUB-CONTRACTING IN OTHER COUNTRIES IS INVOLVED .  SECTION IV - BASIS OF CALCULATION  THE PERCENTAGES AND AMOUNTS REFERRED TO SHALL BE CALCULATED IN ACCORDANCE WITH THE FOLLOWING RULES :  - COSTS INCIDENTAL TO EXPORT , I . E . TRANSPORT AND INSURANCE , ARE INCLUDED IN THE TOTAL AMOUNT OF THE CONTRACT ON WHICH THESE PERCENTAGES AND AMOUNTS ARE CALCULATED ;  - COSTS OF FINANCING ARE TOTALLY EXCLUDED FROM THE AMOUNT OF THE CONTRACT , WHETHER ITEMISED OR NOT ;  - THE NON-REPATRIABLE PORTION OF INCIDENTAL LOCAL EXPENDITURE ON SUPPLIES IS NOT NORMALLY DEDUCTED FROM THE AMOUNT OF THE CONTRACT , IT BEING UNDERSTOOD , HOWEVER , THAT IF THIS PORTION EXCEEDS 15 % OF THE AMOUNT OF THE CONTRACT LESS THE COSTS OF FINANCING , THE EXCESS WILL BE DEDUCTED .


title: Council Decision 2011/361/CFSP of 20 December 2010 on the signing and conclusion of the Agreement between the European Union and the Republic of Serbia establishing a framework for the participation of the Republic of Serbia in European Union crisis management operations

text:
               23.6.2011

               EN

               Official Journal of the European Union

               L 163/1

         COUNCIL DECISION 2011/361/CFSP
   of 20 December 2010
   on the signing and conclusion of the Agreement between the European Union and the Republic of Serbia establishing a framework for the participation of the Republic of Serbia in European Union crisis management operations
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, in particular Article 37 thereof,
   Having regard to the Treaty on the Functioning of the European Union, in particular Article 218, paragraphs 5 and 6 thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy (‘the HR’),
   Whereas:

               (1)

               Conditions regarding the participation of third States in European Union crisis management operations should be laid down in an agreement establishing a framework for such possible future participation, rather than defining those conditions on a case-by-case basis for each operation concerned.

               (2)

               Following the adoption of a Decision by the Council on 26 April 2010 authorising the opening of negotiations, the HR negotiated an agreement between the European Union and the Republic of Serbia establishing a framework for the participation of the Republic of Serbia in European Union crisis management operations (‘the Agreement’).

               (3)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Republic of Serbia establishing a framework for the participation of the Republic of Serbia in the European Union crisis management operations is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 20 December 2010.

            For the Council

            The President

         J. SCHAUVLIEGE

    ---documentbreak---

               23.6.2011

               EN

               Official Journal of the European Union

               L 163/2

         AGREEMENT
   between the European Union and the Republic of Serbia establishing a framework for the participation of the Republic of Serbia in European Union crisis management operations
   THE EUROPEAN UNION,
   of the one part, and
   THE REPUBLIC OF SERBIA
   of the other part,
   hereinafter referred to as the ‘Parties’,
   Whereas:

               (1)

               The European Union (EU) may decide to take action in the field of crisis management.

               (2)

               The European Union will decide whether third States will be invited to participate in an EU crisis management operation. The Republic of Serbia may accept the invitation by the European Union and offer its contribution. In such case, the European Union will decide on the acceptance of the proposed contribution of the Republic of Serbia.

               (3)

               Conditions regarding the participation of the Republic of Serbia in EU crisis management operations should be laid down in an agreement establishing a framework for such possible future participation, rather than defining those conditions on a case-by-case basis for each operation concerned.

               (4)

               Such an agreement should be without prejudice to the decision-making autonomy of the European Union, and should not prejudge the case-by-case nature of the decisions of the Republic of Serbia to participate in an EU crisis management operation.

               (5)

               Such an agreement should only address future EU crisis management operations and should be without prejudice to any existing agreements regulating the participation of the Republic of Serbia in an EU crisis management operation that has already been deployed,

         HAVE AGREED AS FOLLOWS:
   SECTION I

      GENERAL PROVISIONS

   Article 1
   Decisions relating to the participation
   1.   Following the decision of the European Union to invite the Republic of Serbia to participate in an EU crisis management operation, and once the Republic of Serbia has decided to participate, the Republic of Serbia shall provide information on its proposed contribution to the European Union.
   2.   The assessment by the European Union of the Republic of Serbia’s contribution shall be conducted in consultation with the Republic of Serbia.
   3.   The European Union shall provide the Republic of Serbia with an early indication of the likely contribution to the common costs of the operation as soon as possible with a view to assisting the Republic of Serbia in the formulation of its offer.
   4.   The European Union shall communicate the outcome of this assessment to the Republic of Serbia by a letter with a view to securing the participation of the Republic of Serbia in accordance with the provisions of this Agreement.
   Article 2
   Framework
   1.   The Republic of Serbia shall associate itself with the Council Decision by which the Council of the European Union decides that the EU will conduct the crisis management operation, and with any other decision by which the Council of the European Union decides to extend the EU crisis management operation, in accordance with the provisions of this Agreement and any required implementing arrangements.
   2.   The contribution of the Republic of Serbia to an EU crisis management operation shall be without prejudice to the decision-making autonomy of the European Union.
   Article 3
   Status of personnel and forces
   1.   The status of personnel seconded to an EU civilian crisis management operation and/or of the forces contributed to an EU military crisis management operation by the Republic of Serbia shall be governed by the agreement on the status of forces/mission, if concluded, between the European Union and the State(s) in which the operation is conducted.
   2.   The status of personnel contributed to headquarters or command elements located outside the State(s) in which the EU crisis management operation takes place, shall be governed by arrangements between the headquarters and command elements concerned and the Republic of Serbia.
   3.   Without prejudice to the agreement on the status of forces/mission referred to in paragraph 1, the Republic of Serbia shall exercise jurisdiction over its personnel participating in the EU crisis management operation.
   4.   The Republic of Serbia shall be responsible for answering any claims linked to the participation in an EU crisis management operation, from or concerning any of its personnel. The Republic of Serbia shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel in accordance with its laws and regulations.
   5.   The Republic of Serbia undertakes to make a declaration as regards the waiver of claims against any State participating in an EU crisis management operation in which the Republic of Serbia participates, and to do so when signing this Agreement.
   6.   The European Union undertakes to ensure that European Union Member States make a declaration as regards the waiver of claims, for any future participation of the Republic of Serbia in an EU crisis management operation, and to do so when signing this Agreement
   Article 4
   Classified information
   1.   The Republic of Serbia shall take appropriate measures to ensure that EU classified information is protected in accordance with the EU Council’s security regulations, contained in Council Decision 2001/264/EC of 19 March 2001 adopting the Council’s security regulations (1) and in accordance with further guidance issued by competent authorities, including the EU Operation Commander concerning an EU military crisis management operation or by the EU Head of Mission concerning an EU civilian crisis management operation.
   2.   Where the EU and the Republic of Serbia have concluded an agreement on security procedures for the exchange of classified information, the provisions of such an agreement shall apply in the context of an EU crisis management operation.
   SECTION II

      PROVISIONS ON PARTICIPATION IN CIVILIAN CRISIS MANAGEMENT OPERATIONS

   Article 5
   Personnel seconded to an EU civilian crisis management operation
   1.   The Republic of Serbia shall ensure that its personnel seconded to the EU civilian crisis management operation undertake their mission in accordance with:

               (a)

               the Council Decision and subsequent amendments as referred to in Article 2(1);

               (b)

               the Operation Plan;

               (c)

               implementing measures.

         2.   The Republic of Serbia shall inform in due time the EU civilian crisis management operation Head of Mission and the High Representative of the Union for Foreign Affairs and Security Policy Council of any change to its contribution to the EU civilian crisis management operation.
   3.   Personnel seconded to the EU civilian crisis management operation shall undergo a medical examination, vaccination and be certified medically fit for duty by a competent authority from the Republic of Serbia. Personnel seconded to the EU civilian crisis management operation shall produce a copy of this certification.
   Article 6
   Chain of command
   1.   Personnel seconded by the Republic of Serbia shall carry out their duties and conduct themselves solely with the interests of the EU civilian crisis management operation in mind.
   2.   All personnel shall remain under the full command of their national authorities.
   3.   National authorities shall transfer operational control to the European Union.
   4.   The Head of Mission shall assume responsibility and exercise command and control of the EU civilian crisis management operation at theatre level.
   5.   The Head of Mission shall lead the EU civilian crisis management operation and assume its day-to-day management.
   6.   The Republic of Serbia shall have the same rights and obligations in terms of day-to-day management of the operation as European Union Member States taking part in the operation, in accordance with the legal instruments referred to in Article 2(1).
   7.   The EU civilian crisis management operation Head of Mission shall be responsible for disciplinary control over EU civilian crisis management operation personnel. Where required, disciplinary action shall be taken by the national authority concerned.
   8.   A National Contingent Point of Contact (‘NPC’) shall be appointed by the Republic of Serbia to represent its national contingent in the operation. The NPC shall report to the EU civilian crisis management operation Head of Mission on national matters and shall be responsible for day-to-day contingent discipline.
   9.   The decision to end the operation shall be taken by the European Union, following consultation with the Republic of Serbia if it is still contributing to the EU civilian crisis management operation at the date of termination of the operation.
   Article 7
   Financial aspects
   1.   The Republic of Serbia shall assume all the costs associated with its participation in the operation apart from the running costs, as set out in the operational budget of the operation. This shall be without prejudice to Article 8.
   2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, the Republic of Serbia shall, once its liability has been established, pay compensation under the conditions foreseen in the applicable status of mission agreement referred to in Article 3(1).
   Article 8
   Contribution to operational budget
   1.   The Republic of Serbia shall contribute to the financing of the budget of the EU civilian crisis management operation.
   2.   The financial contribution of the Republic of Serbia to the operational budget shall be calculated on the basis of either of the following formulae, whichever produces the lower amount:

               (a)

               the share of the reference amount which corresponds proportionately to the ratio of the Republic of Serbia’s GNI to the total GNIs of all States contributing to the operational budget of the operation; or

               (b)

               the share of the reference amount for the operational budget which corresponds proportionately to the ratio of the number of personnel from the Republic of Serbia participating in the operation to the total number of personnel of all States participating in the operation.

         3.   Notwithstanding paragraphs 1 and 2, the Republic of Serbia shall not make any contribution towards the financing of per diem allowances paid to personnel of the European Union Member States.
   4.   Notwithstanding paragraph 1, the European Union shall, in principle, exempt the Republic of Serbia from financial contributions to a particular EU civilian crisis management operation when:

               (a)

               the European Union decides that the Republic of Serbia provides a significant contribution which is essential for the operation; or

               (b)

               the Republic of Serbia has a GNI per capita which does not exceed that of any Member State of the European Union.

         5.   An arrangement on the payment of the contributions of the Republic of Serbia to the operational budget of the EU civilian crisis management operation shall be signed between the EU civilian crisis management operation Head of Mission and the relevant administrative services of the Republic of Serbia. That arrangement shall include, inter alia, the following provisions:

               (a)

               the amount concerned;

               (b)

               the arrangements for payment of the financial contribution;

               (c)

               the auditing procedure.

         SECTION III

      PROVISIONS ON PARTICIPATION IN MILITARY CRISIS MANAGEMENT OPERATIONS

   Article 9
   Participation in an EU military crisis management operation
   1.   The Republic of Serbia shall ensure that its forces and personnel participating in an EU military crisis management operation undertake their mission in accordance with:

               (a)

               the Council Decision and subsequent amendments as referred to in Article 2(1);

               (b)

               the Operation Plan;

               (c)

               implementing measures.

         2.   Personnel seconded by the Republic of Serbia shall carry out their duties and conduct themselves solely with the interest of the EU military crisis management operation in mind.
   3.   The Republic of Serbia shall inform the EU Operation Commander in due time of any change to its participation in the operation.
   Article 10
   Chain of command
   1.   All forces and personnel participating in the EU military crisis management operation shall remain under the full command of their national authorities.
   2.   National authorities shall transfer the Operational and Tactical command and/or control of their forces and personnel to the EU Operation Commander, who is entitled to delegate his authority.
   3.   The Republic of Serbia shall have the same rights and obligations in terms of the day-to-day management of the operation as participating European Union Member States.
   4.   The EU Operation Commander may, following consultations with the Republic of Serbia, at any time request the withdrawal of the Republic of Serbia’s contribution.
   5.   A Senior Military Representative (SMR) shall be appointed by the Republic of Serbia to represent the Serbian contingent in the EU military crisis management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for the day-to-day discipline of the Serbian contingent.
   Article 11
   Financial aspects
   1.   Without prejudice to Article 12, the Republic of Serbia shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 2(1), as well as in Council Decision 2008/975/CFSP of 18 December 2008 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) (2).
   2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, the Republic of Serbia shall, once its liability has been established, pay compensation under the conditions foreseen in the applicable status of forces agreement referred to in Article 3(1).
   Article 12
   Contribution to the common costs
   1.   The Republic of Serbia shall contribute to the financing of the common costs of the EU military crisis management operation.
   2.   The financial contribution of the Republic of Serbia to the common costs shall be calculated on the basis of either of the following two formulae, whichever produces the lower amount:

               (a)

               the share of the common costs which corresponds proportionately to the ratio of the Republic of Serbia’s GNI to the total GNIs of all States contributing to the common costs of the operation; or

               (b)

               the share of the common costs which corresponds proportionately to the ratio of the number of personnel from the Republic of Serbia participating in the operation to the total number of personnel of all States participating in the operation.
               Where the formula under point (b) of paragraph 2 is used and the Republic of Serbia contributes personnel only to the Operation or Force Headquarters, the ratio used shall be that of its personnel to that of the total number of the respective headquarters personnel. In other cases, the ratio shall be that of all personnel contributed by the Republic of Serbia to that of the total personnel of the operation.

         3.   Notwithstanding paragraph 1, the European Union shall, in principle, exempt the Republic of Serbia from financial contributions to the common costs of a particular EU military crisis management operation when:

               (a)

               the European Union decides that the Republic of Serbia provides a significant contribution to assets and/or capabilities which are essential for the operation; or

               (b)

               the Republic of Serbia has a GNI per capita which does not exceed that of any Member State of the European Union.

         4.   An arrangement shall be concluded between the Administrator provided for in Decision 2008/975/CFSP and the competent administrative authorities of the Republic of Serbia. This arrangement shall include, inter alia, provisions on:

               (a)

               the amount concerned;

               (b)

               the arrangements for payment of the financial contribution;

               (c)

               the auditing procedure.

         SECTION IV

      FINAL PROVISIONS

   Article 13
   Implementing arrangements
   Without prejudice to the provisions of Articles 8(5) and 12(4), any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the High Representative of the Union for Foreign Affairs and Security Policy, and the appropriate authorities of the Republic of Serbia.
   Article 14
   Non-compliance
   Should one of the Parties fail to comply with its obligations under this Agreement, the other Party shall have the right to terminate this Agreement by serving notice of one month.
   Article 15
   Dispute settlement
   Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
   Article 16
   Entry into force
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.
   2.   This Agreement shall be provisionally applied from the date of signature.
   3.   This Agreement shall be subject to regular review.
   4.   This Agreement may be amended on the basis of a mutual written agreement between the Parties.
   5.   This Agreement may be denounced by either Party by written notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt of notification by the other Party.

      Done at Belgrade, this eighth day of June in the year 2011 in two copies, each in the English language.

         For the European Union

         For the Republic of Serbia

      (1)  OJ L 101, 11.4.2001, p. 1.

      (2)  OJ L 345, 23.12.2008, p. 96.
   TEXT FOR DECLARATIONS

      Text for the EU Member States:

   ‘The EU Member States applying an EU Council Decision on an EU crisis management operation in which the Republic of Serbia participates will endeavour, insofar as their internal legal systems so permit, to waive as far as possible claims against the Republic of Serbia for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis management operation if such injury, death, damage or loss:

               —

               was caused by personnel from the Republic of Serbia in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct,

               —

               or arose from the use of any assets owned by the Republic of Serbia, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel from the Republic of Serbia using those assets.’.

      Text for the Republic of Serbia:

   ‘The Republic of Serbia applying an EU Council Decision on an EU crisis management operation will endeavour, insofar as its internal legal system so permit, to waive as far as possible claims against any other State participating in the EU crisis management operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if such injury, death, damage or loss:

               —

               was caused by personnel in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct,

               —

               or arose from the use of any assets owned by States participating in the EU crisis management operation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel using those assets.’.


title: 2014/684/EU: Council Decision of 25 September 2014 appointing nine Greek members and twelve Greek alternate members of the Committee of the Regions

text:
               30.9.2014

               EN

               Official Journal of the European Union

               L 284/49

         COUNCIL DECISION
   of 25 September 2014
   appointing nine Greek members and twelve Greek alternate members of the Committee of the Regions

      (2014/684/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the GreekGovernment,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015. On 9 April 2010, by Council Decision 2010/217/EU (3) Mr Dimitrios MARAVELIAS was appointed alternate member until 25 January 2015. On 21 March 2011, by Council Decision 2011/191/EU (4) Mr Ioannis BOUTARIS, Mr Dimitrios KALOGEROPOULOS, Mr Georgios KOTRONIAS, Mr Nikolaos PAPANDREOU, Mr Ioannis SGOUROS and Mr Grigorios ZAFEIROPOULOS were appointed members, and Mr Pavlos ALTINIS, Mr Athanasios GIAKALIS, Mr Aristeidis GIANNAKIDIS, Mr Dimitrios DRAKOS, Mr Polydoros LAMPRINOUDIS, Mr Christos LAPPAS, Mr Ioannis MACHAIRIDIS and Mr Dimitrios BIRMPAS were appointed as alternate members until 25 January 2015. On 29 October 2012, by Council Decision 2012/676/EU (5), Mr Spyridon SPYRIDON was appointed member and Mr Dimitrios PETROVITS was appointed alternate member until 25 January 2015.

               (2)

               Nine members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Ioannis BOUTARIS, Mr Theodoros GKOTSOPOULOS, Mr Dimitrios KALOGEROPOULOS, Mr Georgios KOTRONIAS, Mr Nikolaos PAPANDREOU, Mr Ioannis SGOUROS, Mr Konstantinos SIMITSIS, Mr Spyridon SPYRIDON and Mr Grigorios ZAFEIROPOULOS.

               (3)

               Twelve alternate members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Pavlos ALTINIS, Mr Dimitrios BIRMPAS, Mr Dimitrios DRAKOS, Mr Athanasios GIAKALIS, Mr Aristeidis GIANNAKIDIS, Mr Ioannis KOURAKIS, Mr Polydoros LAMPRINOUDIS, Mr Christos LAPPAS, Mr Ioannis MACHAIRIDIS, Mr Dimitrios MARAVELIAS, Mr Dimitrios PETROVITS and Mr Dimitrios PREVEZANOS,

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

               (a)

               as members:

                           —

                           Mr Konstantinos AGORASTOS, Governor of Thessaly Region

                           —

                           Mr Dimitrios KALOGEROPOULOS, Advisor, politically accountable to the elected Municipal Council of Maroussi (change of mandate)

                           —

                           Mr Stavros KALAFATIS, Municipal Councillor of Thessaloniki

                           —

                           Mr Alexandros KAHRIMANIS, Governor of the Region of Epirus

                           —

                           Mr Ioannis KOURAKIS, Municipal Councillor of Heraklion

                           —

                           Mr Dimitrios MARAVELIAS, Regional Councillor of Attica

                           —

                           Mr Ioannis SGOUROS, Regional Councillor of Attica (change of mandate)

                           —

                           Mr Konstantinos TZANAKOULIS, Municipal Councillor of Larissa

                           —

                           Mr Nikolaos CHIOTAKIS, Municipal Councillor of Kifissia

                     and

               (b)

               as alternate members:

                           —

                           Mr Dimitrios BIRMPAS, Mayor of Aigaleo (change of mandate)

                           —

                           Mr Ioannis BOUTARIS, Mayor of Thessaloniki

                           —

                           Mr Fotios CHATZIDIAKOS, Mayor of Rhodes

                           —

                           Mr Georgios DAKIS, Regional Councillor, West Macedonia Region

                           —

                           Mr Nikolaos KARAPANOS, Mayor of the city of Messolonghi

                           —

                           Mr Panagiotis KATSIVELAS, Mayor of Trifylia

                           —

                           Mr Charalampos KOKKINOS, Regional Councillor, South Aegean Region

                           —

                           Ms Anna PAPADIMITRIOU, Regional Councillor, Region of Attica

                           —

                           Mr Dimitrios PETROVITS, Deputy Governor, Region of Evros (change of mandate)

                           —

                           Mr Dimitrios PREVEZANOS, Mayor of Skiathos (change of mandate)

                           —

                           Mr Konstantinos SIMITSIS, Municipal Councillor of Kavala

                           —

                           Mr Petros SOULAS, Mayor of Kordelio-Evosmos.

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

      Done at Brussels, 25 September 2014.

            For the Council

            The President

         F. GUIDI

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.

      (3)  Council Decision 2010/217/EU of 9 April 2010 appointing one Greek member and one Greek alternate member of the Committee of the Regions (OJ L 96, 16.4.2010, p. 7).

      (4)  Council Decision 2011/191/EU of 21 March 2011 appointing ten Greek members and nine Greek alternate members of the Committee of the Regions (OJ L 81, 29.3.2011, p. 12).

      (5)  Council Decision 2012/676/EU of 29 October 2012 appointing a Greek member and a Greek alternate member of the Committee of the Regions (OJ L 305, 1.11.2012, p. 26).


Avis juridique important

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E1994C0088

DECISION OF THE EFTA SURVEILLANCE AUTHORITY No 88/94/COL of 20 July 1994 on the second amendment of the Procedural and Substantive Rules in the Field of State Aid

Official Journal L 240 , 15/09/1994 P. 0033 - 0035

DECISION OF THE EFTA SURVEILLANCE AUTHORITY No 88/94/COL of 20 July 1994 on the second amendment of the Procedural and Substantive Rules in the Field of State Aid THE EFTA SURVEILLANCE AUTHORITYhas amended the Procedural and Substantive Rules in the Field of State Aid (1), adopted on 19 January 1994 (2), for the first time amended on 11 May 1994 (3), as follows:1. Paragraph 28 (1) of Chapter 28 of the State Aid Guidelines shall be replaced by the following:'In accordance with the basic principles on regional aid, as set out above, and in applying the Joint Declaration on Article 61 (3) (c) of the EEA Agreement, the EFTA Surveillance Authority has adopted methods for the application of Article 61 (3) (a) and (c) of the EEA Agreement. These methods for assessment are described below.`2. Paragraph 28 (2) of Chapter 28 of the State Aid Guidelines shall be deleted.3. The second indent of section 28.2.1 (2) of the State Aid Guidelines shall be replaced by the following:'- in the first stage of the analysis, the socio-economic situation of a region is assessed on the basis of three alternative criteria: per capita gross domestic product (GDP) or gross value added at factor cost (GVA), structural unemployment and low population density,`.4. A new section 28.2.3 shall be inserted as follows:'28.2.3. First stage of analysis with regard to regions with a very low population density (4)28.2.3.1. Population density threshold1. In order to take account of special regional development problems arising out of demography, regions corresponding to NUTS Level III regions with a population density of less than 12,5 per square kilometre may also be considered eligible for regional aid under the exemption set out in Article 61 (3) (c).2. The introduction of this threshold for the interpretation and application of Article 61 (3) (c) of the EEA Agreement with regard to regional aid may be based on the grounds set out below.3. The Joint Declaration on Article 61 (3) (c) of the EEA Agreement acknowledges the fact that the indicators used in the first stage of the method do not proberly reflect the regional problems specific to certain Contracting Parties, particularly the Nordic countries (Norway, Sweden, Finland and Iceland). In these countries there are important aspects of the regional situation which the indicators are supposed to describe and which fall outside the scope of the method of analysis of eligibility as described in section 28.2.2 of these guidelines.4. These shortcomings are in a large part due to a number of special features shared by the Nordic countries: they derive from geography - the remote northern location of some areas, harsh weather conditions and very long distances inside the national borders of the country concerned - and from the very low population density in some parts. These are specific factors which are not reflected in the statistical indicators used in section 28.2.2.5. A test of eligibility must therefore be used which reflects these problems. Such a test should be of general application, i.e. potentially applicable to any country. It should also be intergrated into the method for the application of Article 61 (3) (c) of the EEA Agreement in order not to disrupt the method of assessing regional aid. If it is to be an objective test which is valid erga omnes, it must be an alternative to the unemployment and GDP tests used in the first stage of the method. This would mean that any region corresponding to a NUTS Level III region presenting the required level of unemployment or GDP or satisfying the new test could be accepted as qualifying for regional aid in the appropriate circumstances and subject to approval by the EFTA Surveillance Authority.6. On those grounds, it could be held that a population density threshold of less than 12,5 per square kilometre reflects the addressed regional problems in an appropriate manner. All regions corresponding to NUTS Level III regions with a population density below that figure may then qualify for the exemption for regional aid laid down in Article 61 (3) (c) of the EEA Agreement, subject to assessment and decision by the EFTA Surveillance Authority.28.2.3.2. Criteria for transport aid1. The population density test may provide a satisfactory responce to the problem of underpopulation in certain regions, but it does not address another regional handicap specific to the Nordic countries, namely the extra costs to firms caused by very long distances and harsh weather conditions. These factors affect regional development in two ways: they may induce firms in such regions to relocate to less remote areas which hold out better prospects for economic activity and they might dissuade firms from locating in such outlying areas.2. The EFTA Surveillance Authority could therefore decide to authorize aid to firms aimed at providing partial compensation for the additional cost of transport, on a limited basis and at its discretion, in order to safeguard the common interest. Such compensation must however comply with the following conditions:- Aid may be given only to firms located in areas qualifying for regional aid on the basis of the population density test.- Aid must serve only to compensate for the additional cost of transport. The EFTA State concerned will have to show that compensation is needed on objective grounds. There must never be overcompensation. Account will have to be taken here of other schemes of assistance to transport, notably pursuant to Articles 49 and 51 of the EEA Agreement.- Aid may be given only in respect of the extra cost of transport of goods inside the national borders of the country concerned. It must not be allowed to become export aid.- Aid must be objectively quantifiable in advance, on the basis of an aid-per-kilometre ratio or the basis of an aid-per-kilometre and an aid-per-unit-weight ratio, and there must be an annual report drawn up which, among other things, shows the operation of the ratio or ratios.- The estimate of additional cost must be based on the most economical form of transport and the shortest route between the place of production or processing and commercial outlets.- No aid may be given towards the transport or transmission of the products of enterprises without an alternative location (products of the extractive industries, hydroelectric power stations, etc.).- Transport aid given to firms in industries which the EFTA Surveillance Authority considers sensitive (motor vehicles, textiles, synthetic fibres, ECSC products and non-ECSC steel) are subject to the sectoral rules for the industry concerned and must in particular respect the specific notification obligations stipulated in the relevant chapters of these guidelines or in the Act referred to in point 1a of Annex XV to the EEA Agreement (5).- Agricultural products within the scope of Annex II to the EC Treaty, and falling within the scope of the EEA Agreement are not covered by this measure (6).- Any plans to put into effect new schemes or to amend existing schemes of assistance to transport should contain a limitation in time and should never be more favourable than existing schemes in the relevant EFTA State.3. The EFTA Surveillance Authority aims at reviewing the existing schemes of assistance to transport on the basis of these criteria within three years from the entry into force of the EEA Agreement.`5. Section 28.2.3 shall be renumbered into section 28.2.4.The first sentence of paragraph 1 of this section shall be replaced by the following:'1. The first stage of analysis outlined above permits a basic examination of the socio-economic situation of a region in its national and EEA context in terms of unemployment, income levels and low population density.`Paragraph 3 of this section shall be replaced by the following:'3. It is possible that these other relevant indicators may reveal an adequate justification for regional aid even in regions which do not satisfy totally the thresholds established in the course of the first stage.`6. Section 28.2.4 shall be renumbered into section 28.2.5.Done in Brussels, 20 July 1994.For the EFTA Surveillance AuthorityHeinz ZOUREK College Member(1) Hereinafter referred to as 'the State Aid Guidelines`.(2) OJ No L 231, 3. 9. 1994, p. 1.(3) See page 32 of this Official Journal.(4) This section corresponds to the Commission notice on changes to the method for the application of Article 92 (3) (c) of the EC Treaty to regional aid, adopted by the European Commission on 1 June 1994.(5) Commission Decision No 3855/91/ECSC of 27 November 1991 establishing Community rules for aid to the steel industry (OJ No L 362, 31. 12. 1991, p. 57).(6) The corresponding condition in the Commission notice referred to in footnote 1 reads as follows: "les produits agricoles relevant de l'Annexe II du Traité CE, autres que les produits de la pêche, ne sont pas couverts par les present dispositions". The different condition in the present State Aid Guidelines is due to the fact that the EFTA Surveillance Authority lacks competence in respect of State aid in the fisheries sector.