Avis juridique important

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32003D0095

2003/95/EC: Council Decision of 27 January 2003 on the conclusion of a Protocol to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Slovenia, of the other part, on conformity assessment and acceptance of industrial products — PECA

Official Journal L 036 , 12/02/2003 P. 0015 - 0016

Council Decisionof 27 January 2003on the conclusion of a Protocol to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Slovenia, of the other part, on conformity assessment and acceptance of industrial products - PECA(2003/95/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2), the first sentence of the first subparagraph of Article 300(3) and Article 300(4) thereof,Having regard to the proposal from the Commission(1),Whereas:(1) The Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Slovenia of the other part(2), entered into force on 1 February 1999.(2) Article 76(2) of the Europe Agreement provides that cooperation in the fields of standardisation and conformity assessment is to seek to achieve the conclusion of agreements on mutual recognition.(3) Article 114(2) of the Europe Agreement provides that the Association Council may delegate to the Association Committee any of its powers.(4) Article 2 of Decision 1999/144/EC, ECSC, Euratom of the Council and the Commission of 21 December 1998 on the conclusion of the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Slovenia, of the other part(3), provides for the Community decision-making procedures and for the presentation of the Community position in the Association Council and in the Association Committee.(5) Article 14 of Decision No 1/1999 of the Association Council between the European Communities and their Member States, of the one part, and the Republic of Slovenia, of the other part of 22 February 1999 on its rules of procedure(4) provides that the Association Committee may set up further subcommittees or groups to assist in carrying out its duties.(6) The Protocol to the Europe Agreement on Conformity Assessment and Acceptance of Industrial Products, was signed in Brussels on 26 November 2002, on behalf of the Community, and should be approved.(7) Certain tasks for implementation have been conferred on the Association Council and in particular the power to amend the Annexes to the Protocol.(8) The appropriate internal procedures should be established to ensure the proper functioning of the Protocol.(9) It is necessary to empower the Commission to make certain technical amendments to this Protocol and to take certain decisions for its implementation,HAS DECIDED AS FOLLOWS:Article 1The Protocol to the Europe Agreement with the Republic of Slovenia on Conformity Assessment and Acceptance of Industrial Products (hereinafter referred to as the Protocol), as well as the declaration annexed to the Final Act thereto, are hereby approved on behalf of the European Community.The text of the Protocol, and of the declaration annexed to the Final Act thereto, is attached to this Decision.Article 2The President of the Council shall, on behalf of the Community, transmit the diplomatic note provided for in Article 17 of the Protocol(5).Article 31. After consultation with the special committee appointed by the Council, the Commission shall:(a) carry into effect the notifications, acknowledgements, suspensions and withdrawals of bodies, and appointments of joint team or teams of experts, in accordance with Articles 10, 11 and 14, indent (c) of the Protocol;(b) bring about the consultations, exchange of information, the requests for verifications and for participation in verifications, in accordance with Articles 3, 12 and 14, (d) and (e), and Sections III and IV of the Annexes to the Protocol concerning electrical safety, electromagnetic compatibility, machinery and gas appliances;(c) if necessary, reply to requests in accordance with Article 11, Sections III and IV of the Annexes to the Protocol concerning electrical safety, electromagnetic compatibility, machinery and gas appliances.2. Following consultation of the special committee referred to in paragraph 1, the Commission shall determine the position to be taken by the Community in the Association Council and, where applicable, in the Association Committee, with regard to:(a) amendments to the Annexes in accordance with Article 14(a) of the Protocol;(b) addition of new Annexes in accordance with Article 14(b) of the Protocol;(c) any decisions regarding disagreements on the results of the verifications and the suspensions, in part or totally, of any notified body in accordance with the second and third subparagraphs of Article 11 of the Protocol;(d) any measures taken in the application of the safeguard clauses in Section IV of the Annexes of the Protocol concerning electrical safety, electromagnetic compatibility, machinery and gas appliances;(e) any measures concerning the verification, suspension, or withdrawal of industrial products as having mutual acceptance under Article 4 of the Protocol.3. In all other cases the position to be taken by the Community in the Association Council and, where applicable, in the Association Committee, with regard to this Protocol shall be determined by the Council, acting by qualified majority on a proposal from the Commission.Done at Brussels, 27 January 2003.For the CouncilThe PresidentG. Papandreou(1) OJ C 291, 26.11.2002, p. 250.(2) OJ L 51, 26.2.1999, p. 3.(3) OJ L 51, 26.2.1999, p. 1.(4) OJ L 96, 10.4.1999, p. 13.(5) The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.


Avis juridique important

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31986D0033

86/33/EEC: Commission Decision of 13 February 1986 accepting an undertaking given in connection with the anti-dumping investigation concerning imports of roller chains for cycles originating in the People' s Republic of China and terminating that investigation

Official Journal L 040 , 15/02/1986 P. 0027 - 0028

*****COMMISSION  DECISION  of 13 February 1986  accepting an undertaking given in connection with the anti-dumping investigation concerning imports of roller chains for cycles originating in the People's Republic of China and terminating that investigation  (86/33/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2176/84 of 23 July 1984 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 10 thereof,  After consultations within the Advisory Committee as provided for under the above Regulation,  Whereas:  A. Provisional action  1. The Commission, by Regulation (EEC) No 2317/85 (2) imposed provisional anti-dumping duties on imports of roller chains for cycles originating in the USSR and the People's Republic of China.  B. Subsequent procedure  2. Following the imposition of the provisional anti-dumping duty, a Chinese exporter representing a significant percentage of the trade involved requested the extension of the period of validity of the provisional anti-dumping duty for a further period of two months, which was granted by Council Regulation (EEC) No 3521/85 (3).  C. Dumping  3. No new evidence on dumping has been submitted by the Chinese exporters since the imposition of the provisional duty and the Commission therefore considers its findings on dumping for China as set out in Regulation (EEC) No 2317/85 to be definitive.  Consequently, the preliminary determinations on dumping are confirmed.  D. Injury  4. As no new fresh evidence regarding injury to the Community industry was received and, in particular, no proof that imports from other non-member countries have been sold at lower prices than those from the People's Republic of China or have been dumped was submitted, the Commission therefore confirms the conclusion on injury reached in Regulation (EEC) No 2317/85.  E. Community interest  5. No new evidence was submitted by Community consumers since the extension of the provisional anti-dumping duty. The Commission's conclusions on Community interest in Regulation 2317/85 remain, therefore, unchanged.  F. Undertaking  6. The Chinese exporters concerned were informed that the main findings of the preliminary investigation had been confirmed. An undertaking was subsequently offered by one of the exporters, China National Light  Industrial Products Import & Export Corporation, Beijing, concerning its exports of roller chains for cycles to the Community.  The effect of this undertaking will be to increase the export price by an amount equivalent to the anti-dumping duty provisionally imposed and will be sufficient to eliminate the injury caused by the dumped imports.  In these circumstances, the undertaking offered is considered acceptable and the anti-dumping investigation concerning the abovementioned exporter may, therefore, be terminated without imposition of a definitive anti-dumping duty.  No objection to this course of action was raised in the Advisory Committee.  The Council is to decide under Article 12 of Regulation (EEC) No 2176/84 on the collection of the amounts secured by way of provisional duty,  HAS DECIDED AS FOLLOWS:  Article 1  The undertaking given by China National Light Industrial Products Import & Export Corporation, Beijing, in connection with the anti-dumping investigation concerning imports of roller chains for cycles falling within heading No ex 73.29 of the Common Customs Tariff, corresponding to NIMEXE Code ex 73.29-11 originating in the People's Republic of China is hereby accepted.  Article 2  The anti-dumping investigation referred to in Article 1 is hereby terminated in respect of the exporter there named.  Done at Brussels, 13 February 1986.  For the Commission  Willy DE CLERCQ  Member of the Commission  (1) OJ No L 201, 30. 7. 1984, p. 1.  (2) OJ No L 217, 14. 8. 1985, p. 7.  (3) OJ No L 335, 13. 12. 1985, p. 61.


title: Council Decision of 8 June 2015 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

text:
               9.6.2015

               EN

               Official Journal of the European Union

               C 191/4

         COUNCIL DECISION
   of 8 June 2015
   appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
   (2015/C 191/03)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
   Having regard to the nomination submitted by the Greek government,
   Whereas:

               (1)

               By its Decision of 16 July 2012 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2012 to 17 September 2015.

               (2)

               A member’s seat is available for Greece on the Governing Board of the Centre in the category of Government representatives as a result of the resignation of Mr Dimitrios SKIADAS.

               (3)

               The members of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2015,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following persons are hereby appointed as members of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2015:
   GOVERNMENT REPRESENTATIVES:

               GREECE

               Mr Dimitrios CHASAPIS

      Done at Luxembourg, 8 June 2015.

            For the Council

            The President

         D. REIZNIECE-OZOLA

      (1)  OJ L 39, 13.2.1975, p. 1.

      (2)  OJ C 228, 31.7.2012, p. 3.


title: Appointment of the Vice-President of the European Central Bank European Parliament decision of 25 March 2010 on the Council recommendation on the appointment of the Vice-President of the European Central Bank (C7-0044/2010 – 2010/0813(NLE))

text:
               7.1.2011

               EN

               Official Journal of the European Union

               CE 4/64

         Thursday 25 March 2010Appointment of the Vice-President of the European Central Bank
   P7_TA(2010)0073
   European Parliament decision of 25 March 2010 on the Council recommendation on the appointment of the Vice-President of the European Central Bank (C7-0044/2010 – 2010/0813(NLE))
   2011/C 4 E/12
   (Consultation)

      The European Parliament,
   having regard to the Council's recommendation of 16 February 2010 (1),
   having regard to Article 283(2) of the Treaty on the Functioning of the European Union, pursuant to which the Council consulted Parliament (C7-0044/2010),
   having regard to Rule 109 of its Rules of Procedure,
   having regard to the report of the Committee on Economic and Monetary Affairs (A7-0059/2010),

               A.

               whereas by letter of 24 February 2010 the Council consulted the European Parliament on the appointment of Vítor Constâncio as Vice-President of the European Central Bank for a term of office of eight years,

               B.

               whereas Parliament's Committee on Economic and Monetary Affairs then proceeded to evaluate the credentials of the nominee, in particular in view of the requirements laid down in Article 283(2) of the Treaty on the Functioning of the European Union and in the light of the need for full independence of the ECB pursuant to Article 130, and whereas in carrying out this evaluation, the committee received a CV from the candidate as well as his replies to the written questionnaire that was sent out to him,

               C.

               whereas the committee subsequently held a two-hour hearing with the nominee on 23 March 2010, at which he made an opening statement and then responded to questions from the members of the committee,

               1.

               Delivers a favourable opinion to the European Council on the Council recommendation to appoint Vítor Constâncio as Vice-President of the European Central Bank;

               2.

               Instructs its President to forward this decision to the European Council and the Council.

      (1)  Not yet published in OJ.


title: 2004/911/EC: Council Decision of 2 June 2004 on the signing and conclusion of the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments and the accompanying Memorandum of Understanding

text:
               29.12.2004

               EN

               Official Journal of the European Union

               L 385/28

         COUNCIL DECISION
   of 2 June 2004
   on the signing and conclusion of the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments and the accompanying Memorandum of Understanding
   (2004/911/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 94 in conjunction with Article 300(2), first subparagraph (3), first subparagraph and (4) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               On 16 October 2001, the Council authorised the Commission to negotiate with the Swiss Confederation an appropriate agreement for securing the adoption by the Swiss Confederation of measures equivalent to those to be applied within the Community to ensure effective taxation of savings income in the form of interest payments.

               (2)

               The application of the provisions of Directive 2003/48/EC (2) depends on the application by the Swiss Confederation of measures equivalent to those contained in that Directive, in accordance with an Agreement entered into by the Swiss Confederation with the Community.

               (3)

               The Community has decided to grant the request of the Swiss Confederation for the inclusion in the Agreement of measures equivalent to the regimes provided for in Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States (3) and in Council Directive 2003/49/EC of 3 June 2003 on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States (4) in their original versions.

               (4)

               The Agreement and the Memorandum of Understanding should be signed and approved on behalf of the Community.

               (5)

               It is necessary to provide for a simple and rapid procedure for possible adaptations of Annexes I and II to the Agreement,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments and the accompanying Memorandum of Understanding are hereby approved on behalf of the European Community.
   The texts of the Agreement and the accompanying Memorandum of Understanding are attached to this Decision.
   Article 2
   The Commission is hereby authorised to approve, on behalf of the Community, amendments to the Annexes to the Agreement which ensure that they correspond to the data relating to competent authorities resulting from the notifications referred to in Article 5(a) of Directive 2003/48/EC and to the data in the Annex thereto.
   Article 3
   The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement, the accompanying Memorandum of Understanding and the Exchange of Letters referred to in Article 22(2) of the Agreement and in the Memorandum of Understanding on behalf of the Community.
   Article 4
   The President of the Council shall effect the notification provided for in Article 17(1) of the Agreement on behalf of the Community (5).
   Article 5
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 2 June 2004.

            For the Council

            The President

         C. McCREEVY

      (1)  Opinion delivered on 30 March 2004 (not yet published in the Official Journal).

      (2)  OJ L 157, 26.6.2003, p. 38.

      (3)  OJ L 225, 20.8.1990, p. 6.

      (4)  OJ L 157, 26.6.2003, p. 49.

      (5)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
   AGREEMENT
   between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments
   THE EUROPEAN COMMUNITY, hereinafter referred to as ‘Community’,
   and
   THE SWISS CONFEDERATION, hereinafter referred to as ‘Switzerland’,
   or as the ‘Contracting Parties’,
   HAVE AGREED TO CONCLUDE THE FOLLOWING AGREEMENT:
   Article 1
   Retention by Swiss paying agents
   1.   Interest payments which are made to beneficial owners within the meaning of Article 4 who are residents of a Member State of the European Union, hereinafter referred to as ‘Member State’, by a paying agent established on the territory of Switzerland, shall, subject to paragraph 2 and Article 2 below, be subject to a retention from the amount of the interest payment. The rate of retention shall be 15 % during the first three years from the date of application of this Agreement, 20 % for the subsequent three years and 35 % thereafter.
   2.   Interest payments made on debt-claims issued by debtors who are residents of Switzerland or pertaining to permanent establishments of non-residents located in Switzerland shall be excluded from the retention. For the purposes of this Agreement, the term ‘permanent establishment’ shall have the meaning that it has under the relevant double taxation convention between Switzerland and the State of residence of the debtor. In the absence of such a convention, the term ‘permanent establishment’ means a fixed place of business through which the business of a debtor is wholly or partly carried on.
   3.   However, in case Switzerland reduces the rate of its anticipatory tax on Swiss source interest payments to individuals resident in Member States below 35 %, it shall levy a retention on such interest payments. The rate of such retention shall be the difference between the rate of retention provided for in paragraph 1 and the new rate of anticipatory tax. However, it shall not exceed the rate provided for in paragraph 1.
   If Switzerland reduces the scope of application of its anticipatory tax law on interest payments to individuals resident in Member States, any interest payments thus excluded from anticipatory tax shall become subject to retention at the rates provided for in paragraph 1.
   4.   Paragraph 2 shall not apply to interest paid by Swiss investment funds which at the time of the entry into force of this Agreement or at a later date are exempted from Swiss anticipatory tax on their payments to individuals who are residents of a Member State.
   5.   Switzerland shall take the necessary measures to ensure that the tasks required for the implementation of this Agreement are carried out by paying agents established within the territory of Switzerland and specifically provide for provisions on procedures and penalties.
   Article 2
   Voluntary disclosure
   1.   Switzerland shall provide for a procedure which allows the beneficial owner as defined in Article 4 to avoid the retention specified in Article 1 by expressly authorising his or her paying agent in Switzerland to report the interest payments to the competent authority of that State. Such authorisation shall cover all interest payments made to the beneficial owner by that paying agent.
   2.   The minimum amount of information to be reported by the paying agent in case of express authorisation by the beneficial owner shall consist of:

               (a)

               the identity and residence of the beneficial owner established in accordance with Article 5;

               (b)

               the name and address of the paying agent;

               (c)

               the account number of the beneficial owner or, where there is none, identification of the debt-claim giving rise to the interest; and

               (d)

               the amount of the interest payment calculated in accordance with Article 3.

         3.   The Swiss competent authority shall communicate the information referred to in paragraph 2 to the competent authority of the Member State of residence of the beneficial owner. Such communications shall be automatic and shall take place at least once a year, within six months following the end of the tax year in Switzerland, for all interest payments made during that year.
   4.   Where the beneficial owner opts for this voluntary disclosure procedure or otherwise declares his or her interest income obtained from a Swiss paying agent to the tax authorities in his or her Member State of residence, the interest income concerned shall be subject to taxation in that Member State at the same rates as those applied to similar income arising in that State.
   Article 3
   Basis of assessment for retention
   1.   The paying agent shall withhold the retention in accordance with Article 1(1) as follows:

               (a)

               in the case of an interest payment within the meaning of Article 7(1)(a): on the gross amount of interest paid or credited;

               (b)

               in the case of an interest payment within the meaning of Article 7(1)(b) or (d): on the amount of interest or revenue referred to in those subparagraphs;

               (c)

               in the case of an interest payment within the meaning of Article 7(1)(c): on the amount of interest referred to in that subparagraph.

         2.   For the purposes of paragraph 1, the retention shall be deducted on a pro rata basis for the period during which the beneficial owner holds a debt-claim. If the paying agent is unable to determine the period on the basis of the information made available to him or her, the paying agent shall consider the beneficial owner to have been in possession of the debt-claim for the entire period of its existence, unless the latter provides evidence of the date of acquisition.
   3.   Taxes and retentions other than the retention provided for in this Agreement on the same payment of interest shall be credited against the amount of the retention calculated in accordance with this Article.
   4.   Paragraphs 1, 2 and 3 are without prejudice to Article 1(2).
   Article 4
   Definition of beneficial owner
   1.   For the purposes of this Agreement ‘beneficial owner’ shall mean any individual who receives an interest payment or any individual for whom an interest payment is secured, unless such individual provides evidence that the interest payment was not received or secured for his or her own benefit. An individual is not deemed to be the beneficial owner when he or she:

               (a)

               acts as a paying agent within the meaning of Article 6; or

               (b)

               acts on behalf of a legal person, an investment fund or a comparable or equivalent body for common investments in securities; or

               (c)

               acts on behalf of another individual who is the beneficial owner and who discloses to the paying agent his or her identity and State of residence.

         2.   Where a paying agent has information suggesting that the individual who receives an interest payment or for whom an interest payment is secured may not be the beneficial owner, that agent shall take reasonable steps to establish the identity of the beneficial owner. If the paying agent is unable to identify the beneficial owner, that agent shall treat the individual in question as the beneficial owner.
   Article 5
   Identity and residence of beneficial owners
   In order to establish the identity and residence of the beneficial owner as defined in Article 4, the paying agent shall keep a record of the name, first name, address and residence details in accordance with the Swiss legal provisions against money laundering. For contractual relations entered into, or transactions carried out in the absence of contractual relations, on or after 1 January 2004, for individuals presenting a passport or official identity card issued by a Member State who declare themselves to be resident in a State other than a Member State or Switzerland, residence shall be established by means of a tax residence certificate issued by the competent authority of the State in which the individual claims to be resident. Failing the presentation of such a certificate, the Member State which issued the passport or other official identity document shall be considered the State of residence.
   Article 6
   Definition of paying agent
   For the purposes of this Agreement, ‘paying agent’ in Switzerland shall mean banks under Swiss banking law, securities dealers under the Federal Law on Stock Exchanges and Security Trading, natural and legal persons resident or established in Switzerland, partnerships and permanent establishments of foreign companies, which even occasionally, accept, hold, invest or transfer assets of third parties or merely pay interest or secure the payment of interest in the course of their business.
   Article 7
   Definition of interest payment
   1.   For the purposes of this Agreement ‘interest payment’ shall mean:

               (a)

               interest paid, or credited to an account, relating to debt-claims of every kind including interest paid on fiduciary deposits by Swiss paying agents for the benefit of beneficial owners as defined in Article 4, whether or not secured by mortgage and whether or not carrying a right to participate in the debtor's profits, and in particular, income from government securities and income from bonds or debentures, including premiums and prizes attaching to such securities, bonds or debentures, but excluding interest from loans between private individuals not acting in the course of their business. Penalty charges for late payment shall not be regarded as interest payments;

               (b)

               interest accrued or capitalised at the sale, refund or redemption of the debt-claims referred to in (a);

               (c)

               income deriving from interest payments either directly or through an entity referred to in Article 4(2) of Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments, hereinafter referred to as the ‘Directive’, distributed by:

                           (i)

                           undertakings for collective investment domiciled in a Member State,

                           (ii)

                           entities domiciled in a Member State, which exercise the option under Article 4(3) of the Directive and which inform the paying agent of this fact,

                           (iii)

                           undertakings for collective investment established outside the territory of the Contracting Parties,

                           (iv)

                           Swiss investment funds which at the time of the entry into force of this Agreement or at a later date are exempted from Swiss anticipatory tax on their payments to individuals who are residents of a Member State.

               (d)

               income realised upon the sale, refund or redemption of shares or units in the following undertakings and entities, if they invest directly or indirectly via other undertakings for collective investment or entities referred to below more than 40 % of their assets in debt-claims as referred to in (a):

                           (i)

                           undertakings for collective investment domiciled in a Member State,

                           (ii)

                           entities domiciled in a Member State, which exercise the option under Article 4(3) of the Directive and which inform the paying agent of this fact,

                           (iii)

                           undertakings for collective investment established outside the territory of the Contracting Parties,

                           (iv)

                           Swiss investment funds which at the time of the entry into force of this Agreement or at a later date are exempted from Swiss anticipatory tax on their payments to individuals who are residents of a Member State.

         2.   As regards subparagraph 1(c), when a paying agent has no information concerning the proportion of the income which derives from interest payments, the total amount of the income shall be considered an interest payment.
   3.   As regards subparagraph 1(d), when a paying agent has no information concerning the percentage of the assets invested in debt-claims or in shares or units as defined in that subparagraph, that percentage shall be considered to be above 40 %. Where that agent cannot determine the amount of income realised by the beneficial owner, the income shall be deemed to correspond to the proceeds of the sale, refund or redemption of the shares or units.
   4.   Income relating to undertakings or entities which have invested up to 15 % of their assets in debt-claims within the meaning of subparagraph 1(a) shall not be considered an interest payment in accordance with subparagraph 1(c) and (d).
   5.   The percentage referred to in subparagraph 1(d) and paragraph 3 shall, as from 1 January 2011, be 25 %.
   6.   The percentages referred to in subparagraph 1(d) and paragraph 4 shall be determined by reference to the investment policy as laid down in the fund rules or instruments of incorporation of the undertakings or entities concerned and, failing such rules, by reference to the actual composition of the assets of the undertakings or entities concerned.
   Article 8
   Revenue sharing
   1.   Switzerland shall keep 25 % of the revenue generated by the retention under this Agreement and transfer 75 % of the revenue to the Member State of residence of the beneficial owner.
   2.   Such transfers shall take place for each year in one instalment per Member State at the latest within a period of six months following the end of the tax year in Switzerland.
   Article 9
   Elimination of double taxation
   1.   If interest received by a beneficial owner has been subject to retention by a paying agent in Switzerland, the Member State of residence for tax purposes of the beneficial owner shall grant him or her a tax credit equal to the amount of the retention. Where this amount exceeds the amount of tax due on the total amount of interest subject to retention in accordance with its national law, the Member State of residence for tax purposes shall repay the excess amount of tax withheld to the beneficial owner.
   2.   If interest received by a beneficial owner has been subject to taxes and retentions other than as provided for in this Agreement and the Member State of residence for tax purposes grants a tax credit for such taxes and retentions in accordance with its national law or double taxation conventions, such other taxes and retentions shall be credited before the procedure in paragraph 1 is applied. The Member State of residence for tax purposes shall accept certificates issued by Swiss paying agents as proper evidence of the tax or retention on the understanding that the competent authority of the Member State of residence for tax purposes will be able to obtain from the Swiss competent authority verification of the information contained in the certificates issued by Swiss paying agents.
   3.   The Member State of residence for tax purposes of the beneficial owner may replace the tax credit mechanism referred to in paragraphs 1 and 2 by a refund of the retention referred to in Article 1.
   Article 10
   Exchange of information
   1.   The competent authorities of Switzerland and any Member State shall exchange information on conduct constituting tax fraud under the laws of the requested State, or the like for income covered by this Agreement. ‘The like’ includes only offences with the same level of wrongfulness as is the case for tax fraud under the laws of the requested State. In response to a duly justified request, the requested State shall provide information with respect to matters that the requesting State is investigating, or may investigate, on an administrative, civil or criminal basis. Without prejudice to the scope of the exchange of information as defined in this paragraph, information shall be exchanged in accordance with the procedures laid down in the double taxation conventions between Switzerland and the Member States and shall be treated as confidential in the manner provided therein.
   2.   In determining whether information may be provided in response to a request, the requested State shall apply the statute of limitations applicable under the laws of the requesting State instead of the statute of limitations of the requested State.
   3.   The requested State shall provide information where the requesting State has a reasonable suspicion that the conduct would constitute tax fraud or the like. The requesting State's suspicion of tax fraud or the like may be based on:

               (a)

               Documents, whether authenticated or not, and including but not limited to business records, books of account, or bank account information;

               (b)

               Testimonial information from the taxpayer;

               (c)

               Information obtained from an informant or other third person that has been independently corroborated or otherwise is likely to be credible; or

               (d)

               Circumstantial evidence.

         4.   Switzerland shall enter into bilateral negotiations with each of the Member States in order to define individual categories of cases falling under ‘the like’ in accordance with the procedure of taxation applied by those States.
   Article 11
   Competent authorities
   For the purposes of this Agreement the competent authorities shall mean those authorities listed in Annex I.
   Article 12
   Consultation
   If any disagreement arises between the Swiss competent authority and one or more of the other competent authorities referred to in Article 11 as to the interpretation or application of this Agreement, they shall endeavour to resolve this by mutual agreement. They shall immediately notify the Commission of the European Communities and the competent authorities of the other Member States of the results of their consultations. In relation to issues of interpretation the Commission may take part in consultations at the request of any of the competent authorities.
   Article 13
   Review
   1.   The Contracting Parties shall consult each other at least every three years or at the request of either Contracting Party with a view to examining and – if deemed necessary by the Contracting Parties – improving the technical functioning of this Agreement and assessing international developments. The consultations shall be held within one month of the request or as soon as possible in urgent cases.
   2.   On the basis of such an assessment, the Contracting Parties may consult each other in order to examine whether changes to this Agreement are necessary taking into account international developments.
   3.   As soon as sufficient experience of the full implementation of Article 1(1) is available, the Contracting Parties shall consult each other in order to examine whether changes to this Agreement are necessary taking into account international developments.
   4.   For the purposes of the consultations referred to in paragraphs 1, 2 and 3, each Contracting Party shall inform the other Contracting Party of possible developments which could affect the proper functioning of this Agreement. This shall also include any relevant agreement between one of the Contracting Parties and a third State.
   Article 14
   Relationship to bilateral double taxation conventions
   The provisions of the double taxation conventions between Switzerland and the Member States shall not prevent the levying of the retention for which this Agreement provides.
   Article 15
   Dividends, interest and royalty payments between companies
   1.   Without prejudice to the application of domestic or agreement-based provisions for the prevention of fraud or abuse in Switzerland and in Member States, dividends paid by subsidiary companies to parent companies shall not be subject to taxation in the source State where:

               —

               the parent company has a direct minimum holding of 25 % of the capital of such a subsidiary for at least two years, and,

               —

               one company is resident for tax purposes in a Member State and the other company is resident for tax purposes in Switzerland, and,

               —

               under any double tax agreements with any third States neither company is resident for tax purposes in that third State, and,

               —

               both companies are subject to corporation tax without being exempted and both adopt the form of a limited company (1).

         However, Estonia may, for as long as it charges income tax on distributed profits without taxing undistributed profits, and at the latest until 31 December 2008, continue to apply that tax to profits distributed by Estonian subsidiary companies to their parent companies established in Switzerland.
   2.   Without prejudice to the application of domestic or agreement-based provisions for the prevention of fraud or abuse in Switzerland and in Member States, interest and royalty payments made between associated companies or their permanent establishments shall not be subject to taxation in the source State, where:

               —

               such companies are affiliated by a direct minimum holding of 25 % for at least two years or are both held by a third company which has directly a minimum holding of 25 % both in the capital of the first company and in the capital of the second company for at least two years, and;

               —

               where a company is resident for tax purposes or a permanent establishment is located in a Member State and the other company is resident for tax purposes or other permanent establishment situated in Switzerland, and;

               —

               under any double tax agreements with any third States none of the companies is resident for tax purposes in that third State and none of the permanent establishments is situated in that third State, and;

               —

               all companies are subject to corporation tax without being exempted in particular on interest and royalty payments and each adopts the form of a limited company (1).

         However, where Council Directive 2003/49/EC of 3 June 2003 on a common system of taxation applicable to interest and royalty payments made between associated companies of different Member States provides for a transitional period as regards a given Member State, that State shall only ensure provision of the above arrangements on interest and royalty payments after the expiry of that period.
   3.   Existing double taxation agreements between Switzerland and the Member States which provide for a more favourable taxation treatment of dividends, interest and royalty payments at the time of adoption of this Agreement shall remain unaffected.
   Article 16
   Transitional provisions for negotiable debt securities (2)

   1.   From the date of application of this Agreement for as long as at least one Member State also applies similar provisions and until 31 December 2010 at the latest, domestic and international bonds and other negotiable debt securities which have been first issued before 1 March 2001 or for which the original issuing prospectuses have been approved before that date by the competent authorities of the issuing State shall not be considered as debt-claims within the meaning of Article 7(1)(a), provided that no further issues of such negotiable debt securities are made on or after 1 March 2002.
   However, for as long as at least one Member State also applies similar provisions, the provisions of this Article shall continue to apply beyond 31 December 2010 in respect of such negotiable debt securities:

               —

               which contain gross-up and early redemption clauses, and

               —

               where the paying agent, as defined in Article 6, is established in Switzerland, and

               —

               where that paying agent pays interest directly to, or secures the payment of interest for the immediate benefit of, a beneficial owner resident in a Member State.

         If and when all Member States cease to apply similar provisions, the provisions of this Article shall continue to apply only in respect of those negotiable securities:

               —

               which contain gross-up and early redemption clauses, and

               —

               where the issuer's paying agent is established in Switzerland, and

               —

               where that paying agent pays interest directly to, or secures the payment of interest for the immediate benefit of, a beneficial owner resident in a Member State.

         If a further issue is made on or after 1 March 2002 of an aforementioned negotiable debt security issued by a Government or a related entity acting as a public authority or whose role is recognised by an international Treaty (listed in Annex II to this Agreement), the entire issue of such a security, consisting of the original issue and any further issue shall be considered a debt-claim within the meaning of Article 7(1)(a).
   If a further issue is made on or after 1 March 2002 of an aforementioned negotiable debt security issued by any other issuer not covered by the fourth subparagraph, such further issue shall be considered a debt-claim within the meaning of Article 7(1)(a).
   2.   This Article does not prevent Switzerland and the Member States from continuing to levy a tax on revenues deriving from the negotiable debt securities referred to in paragraph 1 in accordance with their national law.
   Article 17
   Signing, entry into force and duration of validity
   1.   This Agreement requires ratification or approval by the Contracting Parties in accordance with their own procedures. The Contracting Parties shall notify each other of the completion of these procedures. The Agreement shall enter into force on the first day of the second month following the last notification.
   2.   Subject to the fulfilment of the constitutional requirements of Switzerland and the requirements of Community law concerning entering into international agreements, and without prejudice to Article 18, Switzerland and where applicable the Community shall effectively implement and apply this Agreement from 1 January 2005 and notify each other thereof.
   3.   This Agreement shall remain in force until terminated by a Contracting Party.
   4.   Either Contracting Party may terminate this Agreement by giving notice to the other. In such a case, the Agreement shall cease to have effect 12 months after the serving of notice.
   Article 18
   Application and suspension of application
   1.   The application of this Agreement shall be conditional on the adoption and implementation by the dependent or associated territories of the Member States mentioned in the report of the Council (Economic and Financial Affairs) to the European Council of Santa Maria da Feira of 19 and 20 June 2000, as well as by the United States of America, Andorra, Liechtenstein, Monaco and San Marino, respectively, of measures which conform with or are equivalent to those contained in the Directive or in this Agreement, with the exception of Article 15 of this Agreement, and providing for the same dates of implementation.
   2.   The Contracting Parties shall decide, by common accord, at least six months before the date referred to in Article 17(2), whether the condition set out in paragraph 1 will be met having regard to the dates of entry into force of the relevant measures in the third States and dependent or associated territories concerned. If the Contracting Parties do not decide that the condition will be met, they shall, by common accord, adopt a new date for the purposes of Article 17(2).
   3.   Notwithstanding paragraphs 1 and 2, Article 15 shall apply in respect of Spain with effect from the entry into force of a bilateral agreement between Spain and Switzerland on the exchange of information on request in administrative, civil or criminal cases of tax fraud, as defined in the laws of the requested State, or the like, with respect to items of income not subject to this Agreement but covered by a convention or an agreement between Spain and Switzerland on the elimination of double taxation on income and capital.
   4.   The application of this Agreement or parts thereof may be suspended by either Contracting Party with immediate effect through notification to the other should the Directive or part of the Directive cease to be applicable either temporarily or permanently in accordance with Community law or in the event that a Member State should suspend the application of its implementing legislation.
   5.   Either Contracting Party may suspend the application of this Agreement through notification to the other in the event that one of the third States or territories referred to in paragraph 1 should subsequently cease to apply the measures referred to in that paragraph. Suspension of application shall take place no earlier than two months after notification. Application of this Agreement shall resume as soon as the measures are reinstated.
   Article 19
   Claims and final settlement
   1.   Should this Agreement be terminated or its application be suspended either in full or in part, the claims of individuals in accordance with Article 9 shall remain unaffected.
   2.   Switzerland shall, in such case, establish a final account by the end of the period of applicability of this Agreement and make a final payment to the Member States.
   Article 20
   Territorial scope
   This Agreement shall apply, on the one hand, to the territories in which the Treaty establishing the European Community is applied and under the conditions laid down in that Treaty and, on the other hand, to the territory of Switzerland.
   Article 21
   Annexes
   1.   The Annexes shall form an integral part of this Agreement.
   2.   The list of competent authorities in Annex I may be amended simply by notification of the other Contracting Party by Switzerland for the authority referred to in (a) therein and by the Community for the other authorities.
   The list of related entities in Annex II may be amended by mutual agreement.
   Article 22
   Languages
   1.   This Agreement is drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, each of these language versions being equally authentic.
   2.   The Maltese language version shall be authenticated by the Contracting Parties on the basis of an exchange of letters. It shall also be authentic, in the same way as for the languages referred to in paragraph 1.

      EN FE DE LO CUAL, los plenipotenciarios abajo firmantes suscriben el presente Acuerdo.
      NA DŮKAZ ČEHOŽ připojili níže podepsaní zplnomocnění zástupci k této smlouvě své podpisy.
      TIL BEKRÆFTELSE HERAF har undertegnede befuldmægtigede underskrevet denne aftale.
      ZU URKUND DESSEN haben die unterzeichneten Bevollmächtigten ihre Unterschriften unter dieses Abkommen gesetzt.
      SELLE KINNITUSEKS on täievolilised esindajad käesolevale lepingule alla kirjutanud.
      ΣΕ ΠΙΣΤΩΣΗ ΤΩΝ ΑΝΩΤΕΡΩ, οι υπογράφοντες πληρεξούσιοι έθεσαν την υπογραφή τους κάτω από την παρούσα συμφωνία.
      IN WITNESS WHEREOF, the undersigned Plenipotentiaries have hereunto set their hands.
      EN FOI DE QUOI, les plénipotentiaires soussignés ont apposé leurs signatures au bas du présent accord.
      IN FEDE DI CHE, i plenipotenziari sottoscritti hanno apposto la propria firma in calce al presente accordo.
      TO APLIECINOT, attiecīgi pilnvarotas personas ir parakstījušas šo nolīgumu.
      TAI PALIUDYDAMI, šį Susitarimą pasirašė toliau nurodyti įgaliotieji atstovai.
      FENTIEK HITELÉÜL e megállapodást az alulírott meghatalmazottak alább kézjegyükkel látták el.
      B'XIEHDA TA' DAN, il-Plenipotenzjari hawn taħt iffirmati ffirmaw dan il-Ftehim.
      TEN BLIJKE WAARVAN de ondergetekende gevolmachtigden hun handtekening onder deze overeenkomst hebben geplaatst.
      W DOWÓD CZEGO, niżej podpisani pełnomocnicy złożyli swoje podpisy.
      EM FÉ DO QUE, os plenipotenciários abaixo assinados apuserem as suas assinaturas no final do presente Acordo.
      NA DÔKAZ ČOHO dolupodpísaní splnomocnení zástupcovia podpísali túto dohodu.
      V POTRDITEV TEGA so spodaj podpisani pooblaščenci podpisali ta sporazum.
      TÄMÄN VAKUUDEKSI allamainitut täysivaltaiset edustajat ovat allekirjoittaneet tämän sopimuksen.
      TILL BEVIS HÄRPÅ har undertecknade befullmäktigade undertecknat detta avtal.
      Hecho en Luxemburgo, el veintiseis de octubre del dos mil cuatro.
      V Lucemburku dne dvacátého šestého října dva tisíce čtyři.
      Udfærdiget i Luxembourg den seksogtyvende oktober to tusind og fire.
      Geschehen zu Luxemburg am sechsundzwanzigsten Oktober zweitausendundvier.
      Kahe tuhande neljanda aasta oktoobrikuu kahekümme kuuendal päeval Luxembourgis.
      Έγινε στο Λουξεμβούργο, στις είκοσι έξι Οκτωβρίου δύο χιλιάδες τέσσερα.
      Done at Luxembourg on the twenty-sixth day of October in the year two thousand and four.
      Fait à Luxembourg, le vingt-six octobre deux mille quatre.
      Fatto a Lussembourgo, addì ventisei ottobre duemilaquattro.
      Luksemburgā, divi tūkstoši ceturtā gada divdesmit sestajā oktobrī.
      Priimta du tūkstančiai ketvirtų metų spalio dvidešimt šeštą dieną Liuksemburge.
      Kelt Luxembourgban, a kettőezer negyedik év október huszonhatodik napján.
      Magħmula fil-Lussemburgu fis-sitta u għoxrin jum ta' Ottubru tas-sena elfejn u erbgħa.
      Gedaan te Luxemburg, de zesentwintigste oktober tweeduizendvier.
      Sporządzono w Luksemburgu w dniu dwudziestym szóstym października roku dwutysięcznego czwartego.
      Feito em Luxemburgo, em vinte e seis de Outubro de dois mil e quatro.
      V Luxemburgu dvadsiateho šiesteho októbra dvetisícštyri.
      V Luxembourgu, dne šestindvajsetega oktobra leta dva tisoč štiri.
      Tehty Luxemburgissa kahdentenakymmenentenäkuudentena päivänä lokakuuta vuonna kaksituhattaneljä.
      Som skedde i Luxemburg den tjugosjätte oktober tjugohundrafyra.

         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Za Európske spoločenstvo
         za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar

         Für die Schweizerische Eidgenossenschaft
         Pour la Confédération suisse
         Per la Confederazione svizzera

      (1)  With regard to Switzerland, the term ‘limited company’ covers:

               —

               société anonyme/Aktiengesellschaft/società anonima;

               —

               société à responsabilité limitée/Gesellschaft mit beschränkter Haftung/società a responsabilità limitata;

               —

               société en commandite par actions/Kommanditaktiengesellschaft/società in accomandita per azioni.

      (2)  As in the Directive, these transitional provisions also apply to negotiable debt securities held through investment funds.
   ANNEX I
   LIST OF COMPETENT AUTHORITIES
   The following are ‘competent authorities’ for the purposes of this Agreement:

               (a)

               in Switzerland, Le Directeur de l'Administration fédérale des contributions/Der Direktor der Eidgenössischen Steuerverwaltung/il direttore dell'Amministrazione federale delle contribuzioni or his proxy or agent,

               (b)

               in the Kingdom of Belgium: De Minister van Financiën/Le Ministre des Finances or an authorised representative,

               (c)

               in the Czech Republic: Ministr financí or an authorised representative,

               (d)

               in the Kingdom of Denmark: Skatteministeren or an authorised representative,

               (e)

               in the Federal Republic of Germany: Der Bundesminister der Finanzen or an authorised representative,

               (f)

               in Estonia: Rahandusminister or an authorised representative,

               (g)

               in the Hellenic Republic: Ο Υπουργός των Οικονομικών or an authorised representative,

               (h)

               in the Kingdom of Spain: El Ministro de Hacienda or an authorised representative,

               (i)

               in the French Republic: Le Ministre chargé du budget or an authorised representative,

               (j)

               in Ireland: The Revenue Commissioners or their authorised representative,

               (k)

               in the Italian Republic: Il Capo del Dipartimento per le Politiche Fiscali or an authorised representative,

               (l)

               in Cyprus: Υπουργός Οικονομικών or an authorised representative,

               (m)

               in Latvia: Finanšu ministrs or an authorised representative,

               (n)

               in Lithuania: Finansų ministras or an authorised representative,

               (o)

               in the Grand Duchy of Luxembourg: Le Ministre des Finances or an authorised representative; however for the purposes of Article 10 the competent authority shall be ‘le Procureur Général d'État luxemburgeois’,

               (p)

               in Hungary: A pénzügyminiszter or an authorised representative,

               (q)

               in Malta: Il-Ministru responsabbli għall-Finanzi or an authorised representative,

               (r)

               in the Kingdom of the Netherlands: De Minister van Financiën or an authorised representative,

               (s)

               in the Republic of Austria: Der Bundesminister für Finanzen or an authorised representative,

               (t)

               in Poland: Minister Finansów or an authorised representative,

               (u)

               in the Portuguese Republic: O Ministro das Finanças or an authorised representative,

               (v)

               in Slovenia: Minister za finance or an authorised representative,

               (w)

               in Slovakia: Minister financií or an authorised representative,

               (x)

               in the Republic of Finland: Valtiovarainministeriö/Finansministeriet or an authorised representative,

               (y)

               in the Kingdom of Sweden: Finansdepartementet or an authorised representative,

               (z)

               in the United Kingdom of Great Britain and Northern Ireland and in the European territories for whose external relations the United Kingdom is responsible: the Commissioners of Inland Revenue or their authorised representative and the competent authority in Gibraltar, which the United Kingdom will designate in accordance with the Agreed Arrangements relating to Gibraltar authorities in the context of EU and EC instruments and related treaties notified to the Member States and institutions of the European Union of 19 April 2000, a copy of which shall be notified to Switzerland by the Secretary General of the Council of the European Union, and which shall apply to this Agreement.

         ANNEX II
   LIST OF RELATED ENTITIES
   For the purposes of Article 16 of this Agreement, the following entities will be considered to be a ‘related entity acting as a public authority or whose role is recognised by an international treaty’:
   ENTITIES WITHIN THE EUROPEAN UNION:

                  Belgium

               Vlaams Gewest (Flemish Region)
               Région wallonne (Walloon Region)
               Région bruxelloise/Brussels Gewest (Brussels Region)
               Communauté française (French Community)
               Vlaamse Gemeenschap (Flemish Community)
               Deutschsprachige Gemeinschaft (German-speaking Community)

                  Spain

               Xunta de Galicia (Regional Executive of Galicia)
               Junta de Andalucía (Regional Executive of Andalusia)
               Junta de Extremadura (Regional Executive of Extremadura)
               Junta de Castilla-La Mancha (Regional Executive of Castilla-La Mancha)
               Junta de Castilla-León (Regional Executive of Castilla-León)
               Gobierno Foral de Navarra (Regional Government of Navarre)
               Govern de les Illes Balears (Government of the Balearic Islands)
               Generalitat de Catalunya (Autonomous Government of Catalonia)
               Generalitat de Valencia (Autonomous Government of Valencia)
               Diputación General de Aragón (Regional Council of Aragon)
               Gobierno de las Islas Canarias (Government of the Canary Islands)
               Gobierno de Murcia (Government of Murcia)
               Gobierno de Madrid (Government of Madrid)
               Gobierno de la Comunidad Autónoma del País Vasco/Euzkadi (Government of the Autonomous Community of the Basque Country)
               Diputación Foral de Guipúzcoa (Regional Council of Guipúzcoa)
               Diputación Foral de Vizcaya/Bizkaia (Regional Council of Vizcaya)
               Diputación Foral de Alava (Regional Council of Alava)
               Ayuntamiento de Madrid (City Council of Madrid)
               Ayuntamiento de Barcelona (City Council of Barcelona)
               Cabildo Insular de Gran Canaria (Island Council of Gran Canaria)
               Cabildo Insular de Tenerife (Island Council of Tenerife)
               Instituto de Crédito Oficial (Public Credit Institution)
               Instituto Catalán de Finanzas (Finance Institution of Catalonia)
               Instituto Valenciano de Finanzas (Finance Institution of Valencia)

                  Greece

               Оργανισμός Тηλεπικοινωνιών Ελλάδος (National Telecommunications Organisation)
               Оργανισμός Σιδηροδρόμων Ελλάδος (National Railways Organisation)
               Δημόσια Επιχείρηση Ηλεκτρισμού (Public Electricity Company)

                  France

               La Caisse d'amortissement de la dette sociale (CADES) (Social Debt Redemption Fund)
               L'Agence française de développement (AFD) (French Development Agency)
               Réseau Ferré de France (RFF) (French Rail Network)
               Caisse Nationale des Autoroutes (CNA) (National Motorways Fund)
               Assistance publique Hôpitaux de Paris (APHP) (Paris Hospitals Public Assistance)
               Charbonnages de France (CDF) (French Coal Board)
               Entreprise minière et chimique (EMC) (Mining and Chemicals Company)

                  Italy

               Regions
               Provinces
               Municipalities
               Cassa Depositi e Prestiti (Deposits and Loans Fund)

                  Latvia

               Pašvaldības (Local governments)

                  Poland

               gminy (communes)
               powiaty (districts)
               województwa (provinces)
               związki gmin (associations of communes)
               związki powiatów (association of districts)
               związki województw (association of provinces)
               miasto stołeczne Warszawa (capital city of Warsaw)
               Agencja Restrukturyzacji i Modernizacji Rolnictwa (Agency for Restructuring and Modernisation of Agriculture)
               Agencja Nieruchomości Rolnych (Agricultural Property Agency)

                  Portugal

               Região Autónoma da Madeira (Autonomous Region of Madeira)
               Região Autónoma dos Açores (Autonomous Region of Azores)
               Municipalities

                  Slovakia

               mestá a obce (municipalities)
               Železnice Slovenskej republiky (Slovak Railway Company)
               Štátny fond cestného hospodárstva (State Road Management Fund)
               Slovenské elektrárne (Slovak Power Plants)
               Vodohospodárska výstavba (Water Economy Building Company)

         INTERNATIONAL ENTITIES:

               European Bank for Reconstruction and Development

               European Investment Bank

               Asian Development Bank

               African Development Bank

               World Bank/IBRD/IMF

               International Finance Corporation

               Inter-American Development Bank

               Council of Europe Social Development Fund

               Euratom

               European Community

               Corporación Andina de Fomento (CAF) (Andean Development Corporation)

               Eurofima

               European Coal and Steel Community

               Nordic Investment Bank

               Caribbean Development Bank

         The provisions of Article 16 are without prejudice to any international obligations that the Contracting Parties may have entered into with respect to the above mentioned international entities.
   ENTITIES IN THIRD STATES:
   The entities that meet the following criteria:

               1.

               The entity is clearly considered to be a public entity according to the national criteria.

               2.

               Such public entity is a non market producer which administers and finances a group of activities, principally providing non market goods and services, intended for the benefit of the community and which are effectively controlled by general government.

               3.

               Such public entity is a large and regular issuer of debt.

               4.

               The State concerned is able to guarantee that such public entity will not exercise early redemption in the event of gross up clauses.

         MEMORANDUM OF UNDERSTANDING
   between the European Community, the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland, and the Swiss Confederation
   THE EUROPEAN COMMUNITY,
   THE KINGDOM OF BELGIUM,
   THE CZECH REPUBLIC,
   THE KINGDOM OF DENMARK,
   THE FEDERAL REPUBLIC OF GERMANY,
   THE REPUBLIC OF ESTONIA,
   THE HELLENIC REPUBLIC,
   THE KINGDOM OF SPAIN,
   THE FRENCH REPUBLIC,
   IRELAND,
   THE ITALIAN REPUBLIC,
   THE REPUBLIC OF CYPRUS,
   THE REPUBLIC OF LATVIA,
   THE REPUBLIC OF LITHUANIA,
   THE GRAND DUCHY OF LUXEMBOURG,
   THE REPUBLIC OF HUNGARY,
   THE REPUBLIC OF MALTA,
   THE KINGDOM OF THE NETHERLANDS,
   THE REPUBLIC OF AUSTRIA,
   THE REPUBLIC OF POLAND,
   THE PORTUGUESE REPUBLIC,
   THE REPUBLIC OF SLOVENIA,
   THE SLOVAK REPUBLIC,
   THE REPUBLIC OF FINLAND,
   THE KINGDOM OF SWEDEN,
   THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
   and
   THE SWISS CONFEDERATION, hereinafter referred to as ‘Switzerland’,
   HAVE AGREED AS FOLLOWS:
   1.   INTRODUCTION
   Switzerland and the Community are entering into an Agreement providing for measures equivalent to those laid down in Council Directive 2003/48/EC of 3 June 2003 on the taxation of savings income in the form of interest payments (hereinafter referred to as the Directive). This Memorandum of Understanding complements that Agreement.
   2.   ADMINISTRATIVE ASSISTANCE IN CASES OF TAX FRAUD OR THE LIKE
   As soon as the Agreement is signed, Switzerland and each Member State of the European Union will enter into bilateral negotiations with a view to:

               —

               including in their respective double taxation conventions on income and capital provisions on administrative assistance in the form of exchange of information on request for all administrative, civil or criminal cases of tax fraud under the laws of the requested State or the like with respect to items of income not subject to the Agreement but covered by their respective conventions,

               —

               defining individual categories of cases falling under ‘the like’ in accordance with the procedure of taxation applied by those States.

         3.   NEGOTIATIONS FOR SECURING EQUIVALENT MEASURES WITH OTHER THIRD STATES
   During the transitional period provided for in the Directive, the Community will enter into discussions with other important financial centres with a view to promoting the adoption by those jurisdictions of measures equivalent to those to be applied by the Community.
   4.   DECLARATION OF INTENT
   The signatories of this Memorandum of Understanding declare that they consider the Agreement referred to in point 1 and this Memorandum to provide an acceptable and balanced arrangement that can be considered as safeguarding the interests of the parties. They will therefore implement the agreed measures in good faith and will not act unilaterally to undermine this arrangement without due cause.
   If any significant difference between the coverage of the Directive as adopted on 3 June 2003 and that of the Agreement should be discovered, in particular with regard to Article 1(2) and Article 6 of the Agreement, the Contracting Parties will immediately enter into consultations in accordance with Article 13(1) of the Agreement with a view to ensuring that the equivalent nature of the measures provided for in the Agreement is maintained.

      Signed at Luxembourg on 26 October 2004 in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, each of these language versions being equally authentic.
      The Maltese language version shall be authenticated by the signatories on the basis of an exchange of letters. It shall also be authentic, in the same way as for the languages referred to in the previous paragraph.

         Pour le Royaume de Belgique
         Voor het Koninkrijk België
         Für das Königreich Belgien

         Za Českou republiku

         På Kongeriget Danmarks vegne

         Für die Bundesrepublik Deutschland

         Eesti Vabariigi nimel

         Για την Ελληνική Δημοκρατία

         Por el Reino de España

         Pour la République française

         Thar cheann Na hÉireann
         For Ireland

         Per la Repubblica italiana

         Για την Κυπριακή Δημοκρατία

         Latvijas Republikas vārdā

         Lietuvos Respublikos vardu

         Pour le Grand-Duché de Luxembourg

         A Magyar Köztársaság részéről

         Għar-Republikka ta' Malta

         Voor het Koninkrijk der Nederlanden

         Für die Republik Österreich

         W imieniu Rzeczypospolitej Polskiej

         Pela República Portuguesa

         Za Republiko Slovenijo

         Za Slovenskú republiku

         Suomen tasavallan puolesta
         För Republiken Finland

         För Konungariket Sverige

         For the United Kingdom of Great Britain and Northern Ireland

         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         az Európai Közösség részéről
         Għall-Komunità Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Za Európske spoločenstvo
         za Evropsko skupnost
         Euroopan yhteisön puolesta
         På Europeiska gemenskapens vägnar

         Für die Schweizerische Eidgenossenschaft
         Pour la Confédération suisse
         Per la Confederazione svizzera


title: Council Decision 2009/1004/CFSP of 22 December 2009 updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism

text:
               23.12.2009

               EN

               Official Journal of the European Union

               L 346/58

      COUNCIL DECISION 2009/1004/CFSP
   of 22 December 2009
   updating the list of persons, groups and entities subject to Articles 2, 3 and 4 of Common Position 2001/931/CFSP on the application of specific measures to combat terrorism
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 27 December 2001, the Council adopted Common Position 2001/931/CFSP on the application of specific measures to combat terrorism (1).

               (2)

               On 15 June 2009, the Council adopted Common Position 2009/468/CFSP updating Common Position 2001/931/CFSP (2).

               (3)

               In accordance with Article 1(6) of Common Position 2001/931/CFSP, it is necessary to carry out a complete review of the list of persons, groups and entities to which Common Position 2009/468/CFSP applies.

               (4)

               This Decision sets out the result of the review that the Council has carried out in respect of the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply.

               (5)

               Following the judgment of the Court of First Instance of 30 September 2009 in Case T-341/07, one person has not been included in the list of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply.

               (6)

               The Council has also concluded that the entry concerning one group in the list should be amended.

               (7)

               The Council has concluded that with the exception of the person referred to in recital (5), the other persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply have been involved in terrorist acts within the meaning of Article 1(2) and (3) of Common Position 2001/931/CFSP, that a decision has been taken with respect to them by a competent authority within the meaning of Article 1(4) of that Common Position, and that they should continue to be subject to the specific restrictive measures provided for therein.

               (8)

               The list of the persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply should be updated accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   The list of persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply shall be that set out in the Annex to this Decision.
   Article 2
   Common Position 2009/468/CFSP is hereby repealed insofar as it concerns persons, groups and entities to which Articles 2, 3 and 4 of Common Position 2001/931/CFSP apply.
   Article 3
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 22 December 2009.

            For the Council

            The President

         A. CARLGREN

      (1)  OJ L 344, 28.12.2001, p. 93.

      (2)  OJ L 151, 16.6.2009, p. 45.

      ANNEX

         LIST OF PERSONS, GROUPS AND ENTITIES REFERRED TO IN ARTICLE 1

      1.   PERSONS

                  1.

                  ABOU, Rabah Naami (a.k.a. Naami Hamza, a.k.a. Mihoubi Faycal, a.k.a. Fellah Ahmed, a.k.a. Dafri Rèmi Lahdi), born 1.2.1966 in Algiers (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  2.

                  ABOUD, Maisi (a.k.a. The Swiss Abderrahmane), born 17.10.1964 in Algiers (Algeria), – member of ‘al-Takfir’ and ‘al-Hijra’

                  3.

                  AL-MUGHASSIL, Ahmad Ibrahim (a.k.a. ABU OMRAN, a.k.a. AL-MUGHASSIL, Ahmed Ibrahim), born 26.6.1967 in Qatif-Bab al Shamal (Saudi Arabia), citizen of Saudi Arabia

                  4.

                  AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa (Saudi Arabia), citizen of Saudi Arabia

                  5.

                  AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut (Saudi Arabia), citizen of Saudi Arabia

                  6.

                  ARIOUA, Kamel (a.k.a. Lamine Kamel), born 18.8.1969 in Costantine (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  7.

                  ASLI, Mohamed (a.k.a. Dahmane Mohamed), born 13.5.1975 in Ain Taya (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  8.

                  ASLI, Rabah, born 13.5.1975 in Ain Taya (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  9.

                  ATWA, Ali (a.k.a. BOUSLIM, Ammar Mansour, a.k.a. SALIM, Hassan Rostom), Lebanon, born 1960 in Lebanon, citizen of Lebanon

                  10.

                  BOUYERI, Mohammed (a.k.a. Abu ZUBAIR, a.k.a. SOBIAR, a.k.a. Abu ZOUBAIR), born 8.3.1978 in Amsterdam (The Netherlands) – member of the ‘Hofstadgroep’

                  11.

                  DARIB, Noureddine (a.k.a. Carreto, a.k.a. Zitoun Mourad), born 1.2.1972 in Algeria – member of ‘al-Takfir’ and ‘al-Hijra’

                  12.

                  DJABALI, Abderrahmane (a.k.a. Touil), born 1.6.1970 in Algeria – member of ‘al-Takfir’ and ‘al-Hijra’

                  13.

                  EL FATMI, Nouredine (a.k.a. Nouriddin EL FATMI, a.k.a. Nouriddine EL FATMI, a.k.a. Noureddine EL FATMI, a.k.a. Abu AL KA'E KA'E, a.k.a. Abu QAE QAE, a.k.a. FOUAD, a.k.a. FZAD, a.k.a. Nabil EL FATMI, a.k.a. Ben MOHAMMED, a.k.a. Ben Mohand BEN LARBI, a.k.a. Ben Driss Muhand IBN LARBI, a.k.a. Abu TAHAR, a.k.a. EGGIE), born 15.8.1982 in Midar (Morocco), passport (Morocco) No. N829139 – member of the ‘Hofstadgroep’

                  14.

                  EL-HOORIE, Ali Saed Bin Ali (a.k.a. AL-HOURI, Ali Saed Bin Ali, a.k.a EL-HOURI, Ali Saed Bin Ali), born 10.7.1965 or 11.7.1965 in El Dibabiya (Saudi Arabia), citizen of Saudi Arabia

                  15.

                  FAHAS, Sofiane Yacine, born 10.9.1971 in Algiers (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  16.

                  IZZ-AL-DIN, Hasan (a.k.a GARBAYA, Ahmed, a.k.a. SA-ID, a.k.a. SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen of Lebanon

                  17.

                  MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem, a.k.a. BIN KHALID, Fahd Bin Adballah, a.k.a. HENIN, Ashraf Refaat Nabith, a.k.a. WADOOD, Khalid Adbul), born 14.4.1965 or 1.3.1964 in Pakistan, passport No 488555

                  18.

                  MOKTARI, Fateh (a.k.a. Ferdi Omar), born 26.12.1974 in Hussein Dey (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  19.

                  NOUARA, Farid, born 25.11.1973 in Algiers (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  20.

                  RESSOUS, Hoari (a.k.a. Hallasa Farid), born 11.9.1968 in Algiers (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  21.

                  SEDKAOUI, Noureddine (a.k.a. Nounou), born 23.6.1963 in Algiers (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  22.

                  SELMANI, Abdelghani (a.k.a. Gano), born 14.6.1974 in Algiers (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  23.

                  SENOUCI, Sofiane, born 15.4.1971 in Hussein Dey (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  24.

                  TINGUALI, Mohammed (a.k.a. Mouh di Kouba), born 21.4.1964 in Blida (Algeria) – member of ‘al-Takfir’ and ‘al-Hijra’

                  25.

                  WALTERS, Jason Theodore James (a.k.a. Abdullah, a.k.a. David), born 6.3.1985 in Amersfoort (The Netherlands), passport (The Netherlands) No. NE8146378 – member of the ‘Hofstadgroep’

            2.   GROUPS AND ENTITIES

                  1.

                  ‘Abu Nidal Organisation’ – ‘ANO’ (a.k.a. ‘Fatah Revolutionary Council’, a.k.a. ‘Arab Revolutionary Brigades’, a.k.a. ‘Black September’, a.k.a. ‘Revolutionary Organisation of Socialist Muslims’)

                  2.

                  ‘Al-Aqsa Martyrs′ Brigade’

                  3.

                  ‘Al-Aqsa e.V.’

                  4.

                  ‘Al-Takfir’ and ‘Al-Hijra’

                  5.

                  ‘Aum Shinrikyo’ (a.k.a. ‘AUM’, a.k.a. ‘Aum Supreme Truth’, a.k.a. ‘Aleph’)

                  6.

                  ‘Babbar Khalsa’

                  7.

                  ‘Communist Party of the Philippines’, including ‘New People's Army’ – ‘NPA’, Philippines

                  8.

                  ‘Gama'a al-Islamiyya’ (a.k.a. ‘Al-Gama'a al-Islamiyya’) (‘Islamic Group’ – ‘IG’)

                  9.

                  ‘İslami Büyük Doğu Akıncılar Cephesi’ – ‘IBDA-C’ (‘Great Islamic Eastern Warriors Front’)

                  10.

                  ‘Hamas’, including ‘Hamas-Izz al-Din al-Qassem’

                  11.

                  ‘Hizbul Mujahideen’ – ‘HM’

                  12.

                  ‘Hofstadgroep’

                  13.

                  ‘Holy Land Foundation for Relief and Development’

                  14.

                  ‘International Sikh Youth Federation’ – ‘ISYF’

                  15.

                  ‘Kahane Chai’ (a.k.a. ‘Kach’)

                  16.

                  ‘Khalistan Zindabad Force’ – ‘KZF’

                  17.

                  ‘Kurdistan Workers′ Party’ – ‘PKK’, (a.k.a. ‘KADEK’, a.k.a. ‘KONGRA-GEL’)

                  18.

                  ‘Liberation Tigers of Tamil Eelam’ – ‘LTTE’

                  19.

                  ‘Ejército de Liberación Nacional’ (‘National Liberation Army’)

                  20.

                  ‘Palestine Liberation Front’ – ‘PLF’

                  21.

                  ‘Palestinian Islamic Jihad’ – ‘PIJ’

                  22.

                  ‘Popular Front for the Liberation of Palestine’ – ‘PFLP’

                  23.

                  ‘Popular Front for the Liberation of Palestine – General Command’ (a.k.a. ‘PFLP – General Command’)

                  24.

                  ‘Fuerzas armadas revolucionarias de Colombia’ – ‘FARC’ (‘Revolutionary Armed Forces of Colombia’)

                  25.

                  ‘Devrimci Halk Kurtuluș Partisi-Cephesi’ – ‘DHKP/C’ (a.k.a. ‘Devrimci Sol’ (‘Revolutionary Left’), a.k.a. ‘Dev Sol’) (‘Revolutionary People's Liberation Army/Front/Party’)

                  26.

                  ‘Sendero Luminoso’ – ‘SL’ (‘Shining Path’)

                  27.

                  ‘Stichting Al Aqsa’ (a.k.a. ‘Stichting Al Aqsa Nederland’, a.k.a. ‘Al Aqsa Nederland’)

                  28.

                  ‘Teyrbazen Azadiya Kurdistan’ – ‘TAK’ (a.k.a. ‘Kurdistan Freedom Falcons’, a.k.a. ‘Kurdistan Freedom Hawks’)

                  29.

                  ‘Autodefensas Unidas de Colombia’ – ‘AUC’ (‘United Self-Defense Forces/Group of Colombia’)


title: 2008/324/EC: Commission Decision of 25 March 2008 setting up the Platform on Electronic Data Retention for the Investigation, Detection and Prosecution of Serious Crime group of experts

text:
               23.4.2008

               EN

               Official Journal of the European Union

               L 111/11

      COMMISSION DECISION

   of 25 March 2008
   setting up the ‘Platform on Electronic Data Retention for the Investigation, Detection and Prosecution of Serious Crime’ group of experts
   (2008/324/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Whereas:

               (1)

               Directive 2006/24/EC of the European Parliament and the Council of 15 March 2006 on the retention of data generated or processed in connection with the provision of publicly available electronic communications services or of public communications networks (1) (the Data Retention Directive) aims to harmonise Member States’ provisions concerning the obligations of providers of publicly available electronic communications services or of public communications networks with respect to the retention of certain data which are generated or processed by them in order to ensure that such data are available for the purpose of the investigation, detection and prosecution of serious crime.

               (2)

               The preamble to the Data Retention Directive notes that technologies relating to electronic communications are changing rapidly and that legitimate requirements of competent authorities may evolve. In order to obtain advice and encourage the sharing of best practice in all matters relating to the retention of personal data, the Commission intends to establish a group composed of Member States’ law enforcement authorities, associations of the electronic communications industry, representatives of the European Parliament and data protection authorities including the European Data Protection Supervisor.

               (3)

               Article 14 of the Data Retention Directive states that no later than 15 September 2010, the Commission shall submit to the European Parliament and Council an evaluation of the application of the Directive and its impact on economic operators and consumers, taking into account further developments in electronic communications technology and statistics provided to the Commission on retention of data. The evaluation should help determine whether it is necessary to amend the Data Retention Directive, in particular with regard to the list of data in Article 5 and the periods of retention provided for in Article 6 of the Directive.

               (4)

               On 10 February 2006 the Council and the Commission issued a Joint Statement in relation to evaluation of the Data Retention Directive. This stated that the Commission will invite relevant stakeholders to regular review meetings to exchange information about technological developments, costs and effectiveness of application of the Directive. The Joint Statement says that during this process Member States will be invited to inform partners of their experiences in implementing the Directive and to share best practice. The Joint Statement further says that on the basis of these discussions ‘the Commission will consider presenting any necessary proposals, including with regard to any difficulties which may have emerged for Member States in relation to the technical and practical implementation of the Directive, in particular its application to Internet e-mail and Internet telephony data’.

               (5)

               For the reasons indicated above it is necessary to set up a group of experts in the field of data retention drawn from the stakeholders referred to in Recital 14 of the Data Retention Directive.

               (6)

               The group of experts will work as a consultative group. The group of experts will facilitate the sharing of best practice and contribute to the Commission’s assessment of the costs and effectiveness of the Directive as well as the development of relevant technologies which may impact on the Directive.

               (7)

               The members of the group of experts will be drawn from the stakeholder groups referred to in Recital 14 of Directive 2006/24/EC.

               (8)

               The group should be composed of a maximum of 25 members representing an appropriate balance of the aforementioned stakeholder groups.

               (9)

               The group of experts should be able to establish sub-groups in order to facilitate and accelerate its work by focusing on a specific issue. The terms of reference of such sub-groups should be agreed upon by the group of experts as a whole and should be clearly defined.

               (10)

               Rules on disclosure of information by members of the group of experts should be provided for, without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (2).

               (11)

               Personal data relating to members of the group should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (3).

               (12)

               The term of office of the Members should be five years and may be renewable.

               (13)

               It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The ‘Platform on Electronic Data Retention for the Investigation, Detection and Prosecution of Serious Crime’ group of experts
   The ‘Platform on Electronic Data Retention for the Investigation, Detection and Prosecution of Serious Crime’, a group of experts in matters relating to retention of personal data for law enforcement purposes in the electronic communications sector, hereinafter referred to as ‘the group of experts’, is hereby set up.
   Article 2
   Consultation and Tasks
   1.   The Commission may consult the group on any matter relating to the electronic retention of data relevant to the investigation, detection and prosecution of serious crime. Any member of the group of experts may advise the Commission that it is desirable to consult the group on a specific question. The Commission will call regular meetings of the group of experts and will establish in advance a detailed agenda based on matters within the scope of this Article.
   2.   The tasks of the group of experts shall be:

               (a)

               to provide a forum for dialogue and the sharing of experience and best practice among experts drawn from the entities outlined in Article 3 hereof and in particular between competent authorities of the Member States and representatives of the electronic communications sector on questions related to the retention of personal data by providers of publicly available electronic communications services or public communications networks in order to ensure that the data are available for the investigation, detection or prosecution of serious crime;

               (b)

               to encourage and facilitate a common orientation on the application of the Directive;

               (c)

               to exchange information about relevant technological developments, costs and effectiveness of application of the Directive;

               (d)

               to assist the Commission in identifying and defining difficulties which have emerged for the Member States in relation to the technical and practical implementation of the Directive in particular its application to Internet e-mail and Internet telephony data;

               (e)

               to assist the Commission in its evaluation of the application of the Data Retention Directive and its impact on economic operators and consumers.

         Article 3
   Composition — Appointment
   1.   The group of experts shall be composed of a maximum of 25 members taken from:

               (a)

               Member States’ law enforcement authorities (up to 10 members);

               (b)

               Members of the European Parliament (up to 2 members);

               (c)

               Associations of the electronic communications industry (up to 8 members);

               (d)

               Representatives of the Data Protection Authorities (up to 4 members);

               (e)

               The European Data Protection Supervisor (1 member).

         2.   The members referred to in points (a) and (b) of paragraph 1 shall be designated and appointed by the Directorate-General for Justice, Freedom and Security on the proposal of requested Member States and the European Parliament respectively. These members will be appointed in a personal capacity and may nominate an expert to represent them at meetings of the group of experts. The members referred to in points (c), (d) and (e) of paragraph 1 shall be appointed by the Directorate-General for Justice, Freedom and Security on the basis of an invitation from the same to become a member of the group of experts. The relevant associations or bodies as referred to in points (c), (d) and (e) of paragraph 1 will be entitled to nominate experts to represent them at meetings of the group of experts.
   3.   Members of the group of experts appointed in a personal capacity shall remain in office until they are replaced or their term of office ends. The term of office shall be five years and may be renewable.
   4.   Members of the group of experts appointed in a personal capacity who are no longer capable of contributing effectively to the group of experts’ deliberations, who resign or who do not comply with the conditions set out in Article 287 of the Treaty may be replaced for the remainder of their term of office.
   5.   Members of the group of experts appointed in a personal capacity shall each year sign an undertaking to act in the public interest and a declaration indicating the absence or existence of any interest which may undermine their objectivity.
   6.   The names of members appointed in a personal capacity shall be published on the Internet site of the Commission’s Directorate-General for Justice Freedom and Security, in the C Series of the Official Journal of the European Union and in the Commission’s Register of Expert Groups. The names of members shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.
   Article 4
   Operation
   1.   The group of experts shall be chaired by the Commission.
   2.   In agreement with the Commission, sub-groups may be set up to examine specific questions under terms of reference established by the group. Such groups shall be dissolved as soon as their mandates are fulfilled.
   3.   The Commission’s representative may ask experts or observers with specific competence on a subject on the agenda to participate in the group’s or sub-group’s deliberations if this is useful and/or necessary.
   4.   Information obtained by participating in the deliberations of a group or sub-group shall not be divulged if, in the opinion of the Commission, that information relates to confidential matters.
   5.   The group and its sub-groups shall normally meet on Commission premises in accordance with the procedures and schedule established by it. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend meetings of the group and its sub-groups.
   6.   The group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission.
   7.   The Commission may publish, in the original language of the document concerned, any summary, conclusion, or partial conclusion or working document of the group.
   Article 5
   Additional experts
   1.   The Commission may invite experts or observers from outside the group with specific competence in a subject on the agenda to take part in the work of the group.
   2.   The Commission may invite official representatives of Member States, candidate countries or third countries and of international, inter-governmental and non-governmental organisations to participate in its meetings.
   Article 6
   Meeting expenses
   1.   The Commission shall reimburse travel and, where appropriate, subsistence expenses for members, experts and observers in connection with the group’s activities in accordance with the Commission’s rules on the compensation of external experts.
   2.   The members, experts and observers shall not be remunerated for the services they render.
   3.   Meeting expenses are reimbursed within the limits of the annual budget allocated to the group by the responsible Commission services.
   Article 7
   Applicability
   The decision shall take effect on the day of its publication in the Official Journal of the European Union. It shall apply until 31 December 2012. The Commission may decide on a possible extension before that date.

      Done at Brussels, 25 March 2008.

            For the Commission

         Franco FRATTINI

            Vice-President

      (1)  OJ L 105, 13.4.2006, p. 54.

      (2)  OJ L 317, 3.12.2001, p. 1. Decision as last amended by Decision 2006/548/EC, Euratom (OJ L 215, 5.8.2006, p. 38).

      (3)  OJ L 8, 12.1.2001, p. 1.