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41998D0056

The Schengen acquis - Decision of the Executive Committee of 16 December 1998 concerning the compilation of a manual of documents to which a visa may be affixed (SCH/Com-ex (98) 56)

Official Journal L 239 , 22/09/2000 P. 0207 - 0297

DECISION OF THE EXECUTIVE COMMITTEEof 16 December 1998concerning the compilation of a manual of documents to which a visa may be affixed(SCH/Com-ex (98)56)In accordance with Article 17(3)(a) of the Convention implementing the Schengen Agreement, the Executive Committee has drawn up in Annex 11 to the Common Consular Instructions(1) criteria for documents to which a visa may be affixed.Pursuant thereto, the Subgroup on Visas has completed the task of collecting and examining all travel documents in use throughout the world, an activity that has spanned several Presidencies. The edited collection of travel documents to which a visa may be affixed makes it possible to give effect to the procedure required under the Schengen Convention whereby a visa valid for all user States may only be issued if the travel document that is to bear the visa is recognised as a valid entry document by all user States.>TABLE>Individual sections of the Manual will be issued to diplomatic missions and consular posts when they are complete. Completed sections may therefore be issued, without the need for subsequent sections to be finished.The Executive Committee takes note of the fact that Part I, entitled "Travel documents to which a visa may be affixed", has been forwarded to the diplomatic missions and consular posts for use (see Annex to document SCH/II-Visa (96)59 rev. 6) and requests that a report be sent to it on the effectiveness of this measure before June 1999. The diplomatic missions and consular posts are requested to assess the usefulness of this document and report their findings in March 1999.The manual can be prepared by the General Secretariat on the basis of relevant notes submitted by the delegations.Berlin, 16 December 1998.The ChairmanC. H. Schapper(1) See document SCH/Com-ex (99)13.TABLE OF TRAVEL DOCUMENTS ENTITLING THE HOLDER TO CROSS THE EXTERNAL BORDERS AND TO WHICH A VISA MAY BE AFFIXEDSCH/II-Visa (96)59, rev. 7GENERAL COMMENTSCollective passports:Portugal and Spain only recognise collective passports issued in accordance with the European Agreement on Travel by Young Persons on Collective Passports between the Member Countries of the Council of Europe of 16 December 1961 (up to a maximum of 25 persons as far as Portugal is concerned). However, Portugal does consent to its partners affixing the uniform visa. Spain also accepts other collective passports on a case-by-case basis according to the rule of reciprocity. The visa is affixed on a loose-leaf.Travel documents for stateless persons:Austria, Portugal and Iceland are not parties to the Convention on the Status of Stateless Persons, done at New York on 28 September 1954. Austria and Portugal nevertheless consent to their partners affixing the uniform visa to documents issued by the States signatory to the Convention. Iceland will make its position known later.Laissez-passer:A laissez-passer is, in general, only recognised for transit for the purpose of returning to the State of issue.The following provisions apply as far as Germany is concerned:The official identity documents listed in points 1 to 9 and issued by one of the States which Germany recognises internationally but which have not yet been officially recognised, are accepted as passports or passport replacement documents even if they are not known, subject to certain conditions and in accordance with the law. They may therefore be endorsed with a visa as long as their non-recognition has not been officially pronounced. For the other Schengen States, documents may not be endorsed with a visa if they do not contain the following indications and features: name and surname, date of birth, nationality (apart from refugee's and stateless person's passports), photograph, holder's signature and authorisation of return if the document is issued to people other than nationals: these documents are marked with an "X" and an asterisk (X*).The following provisions apply as far as Austria is concerned:If a travel document is not expressly marked "not recognised" in the following list, it may be endorsed with a visa for Austria - even if it is marked with an "X" - if:- it was issued by a duly empowered subject under international law,- it clearly indicates the identity of the holder,- it is valid in terms of time,- it is applicable to the Republic of Austria,- the right of return to the State which issued the document is guaranteed.Codes:>TABLE>- ANDORRA>TABLE>- UNITED ARAB EMIRATES>TABLE>- AFGHANISTAN>TABLE>- ANTIGUA AND BARBUDA>TABLE>- ALBANIA>TABLE>- ARMENIA>TABLE>- ANGOLA>TABLE>- ARGENTINA>TABLE>- AUSTRALIA>TABLE>- AZERBAIJAN>TABLE>- BOSNIA-HERZEGOVINA>TABLE>- BARBADOS>TABLE>- BANGLADESH>TABLE>- BURKINA FASO>TABLE>- BULGARIA>TABLE>- BAHRAIN>TABLE>- BURUNDI>TABLE>- BENIN>TABLE>- BRUNEI>TABLE>- BOLIVIA>TABLE>- BRAZIL>TABLE>- BAHAMAS>TABLE>- BHUTAN>TABLE>- BOTSWANA>TABLE>- BELARUS>TABLE>- BELIZE>TABLE>- CANADA>TABLE>- CONGO (DEMOCRATIC REPUBLIC OF)>TABLE>- CENTRAL AFRICAN REPUBLIC>TABLE>- CONGO BRAZZAVILLE>TABLE>- SWITZERLAND>TABLE>- COTE D'IVOIRE>TABLE>- CHILE>TABLE>- CAMEROON>TABLE>- CHINA>TABLE>- COLOMBIA>TABLE>- COSTA RICA>TABLE>- CUBA>TABLE>- CAPE VERDE>TABLE>- CYPRUS>TABLE>- CZECH REPUBLIC>TABLE>- DJIBOUTI>TABLE>- DOMINICA>TABLE>- DOMINICAN REPUBLIC>TABLE>- ALGERIA>TABLE>- ECUADOR>TABLE>- ESTONIA>TABLE>- EGYPT>TABLE>- ERITREA>TABLE>- ETHIOPIA>TABLE>- FIJI>TABLE>- MICRONESIA>TABLE>- MONACO>TABLE>- GABON>TABLE>- GRENADA>TABLE>- GEORGIA>TABLE>- GHANA>TABLE>- THE GAMBIA>TABLE>- GUINEA>TABLE>- EQUATORIAL GUINEA>TABLE>- GUATEMALA>TABLE>- GUINEA-BISSAU>TABLE>- GUYANA>TABLE>- HONDURAS>TABLE>- CROATIA>TABLE>- HAITI>TABLE>- HUNGARY>TABLE>- INDONESIA>TABLE>- ISRAEL>TABLE>- INDIA>TABLE>- IRAQ>TABLE>- IRAN>TABLE>- JAMAICA>TABLE>- JORDAN>TABLE>- JAPAN>TABLE>- KENYA>TABLE>- KYRGYSTAN>TABLE>- CAMBODIA>TABLE>- KIRIBATI>TABLE>- THE COMOROS>TABLE>- ST KITTS AND NEVIS>TABLE>- NORTH KOREA>TABLE>- SOUTH KOREA>TABLE>- KUWAIT>TABLE>- KAZAKHSTAN>TABLE>- LAOS>TABLE>- LEBANON>TABLE>- SAINT LUCIA>TABLE>- LIECHTENSTEIN>TABLE>- SRI LANKA>TABLE>- LIBERIA>TABLE>- LESOTHO>TABLE>- LITHUANIA>TABLE>- LATVIA>TABLE>- LIBYA>TABLE>- MOROCCO>TABLE>- MOLDOVA>TABLE>- MADAGASCAR>TABLE>- MARSHALL ISLANDS>TABLE>- FORMER YUGOSLAV REPUBLIC OF MACEDONIA>TABLE>- MALI>TABLE>- MYANMAR>TABLE>- MONGOLIA>TABLE>- MAURITANIA>TABLE>- MALTA>TABLE>- MAURITIUS>TABLE>- MALDIVES>TABLE>- MALAWI>TABLE>- MEXICO>TABLE>- MALAYSIA>TABLE>- MOZAMBIQUE>TABLE>- NAMIBIA>TABLE>- NIGER>TABLE>- NIGERIA>TABLE>- NICARAGUA>TABLE>- NEPAL>TABLE>- NAURU>TABLE>- NEW ZEALAND>TABLE>- OMAN>TABLE>- PANAMA>TABLE>- PERU>TABLE>- PAPUA NEW GUINEA>TABLE>- PHILIPPINES>TABLE>- PAKISTAN>TABLE>- POLAND>TABLE>- PALAU>TABLE>- PARAGUAY>TABLE>- QATAR>TABLE>- ROMANIA>TABLE>- RUSSIA>TABLE>- RWANDA>TABLE>- SAUDI ARABIA>TABLE>- SOLOMON ISLANDS>TABLE>- SEYCHELLES>TABLE>- SUDAN>TABLE>- SINGAPORE>TABLE>- SLOVENIA>TABLE>- SLOVAKIA>TABLE>- SIERRA LEONE>TABLE>- SAN MARINO>TABLE>- SENEGAL>TABLE>- SOMALIA>TABLE>- SURINAME>TABLE>- SÃO TOMÉ AND PRÍNCIPE>TABLE>- EL SALVADOR>TABLE>- SYRIA>TABLE>- SWAZILAND>TABLE>- CHAD>TABLE>- TOGO>TABLE>- THAILAND>TABLE>- TAJIKISTAN>TABLE>- TURKMENISTAN>TABLE>- TUNISIA>TABLE>- TONGA>TABLE>- TURKEY>TABLE>- TRINIDAD AND TOBAGO>TABLE>- TUVALU>TABLE>- TAIWAN>TABLE>- TANZANIA>TABLE>- UKRAINE>TABLE>- UGANDA>TABLE>- UNITED STATES OF AMERICA>TABLE>- URUGUAY>TABLE>- UZBEKISTAN>TABLE>- VATICAN CITY STATE>TABLE>- SAINT VINCENT AND THE GRENADINES>TABLE>- VENEZUELA>TABLE>- VIETNAM>TABLE>- VANUATU>TABLE>- SAMOA>TABLE>- THE PALESTINIAN AUTHORITY>TABLE>- YEMEN>TABLE>- YUGOSLAVIA (SERBIA AND MONTENEGRO)>TABLE>- SOUTH AFRICA>TABLE>- ZAMBIA>TABLE>- ZIMBABWE>TABLE>


title: 2008/629/EC: Commission Decision of 12 June 2008 amending Decision 2005/56/EC setting up the Education, Audiovisual and Culture Executive Agency for the management of Community action in the fields of education, audiovisual and culture in application of Council Regulation (EC) No 58/2003

text:
               1.8.2008

               EN

               Official Journal of the European Union

               L 205/47

      COMMISSION DECISION

   of 12 June 2008
   amending Decision 2005/56/EC setting up the Education, Audiovisual and Culture Executive Agency for the management of Community action in the fields of education, audiovisual and culture in application of Council Regulation (EC) No 58/2003
   (2008/629/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (1), and in particular Article 3(1) thereof,
   Whereas:

               (1)

               Under Article 4(1) of Commission Decision 2005/56/EC (2), the Education, Audiovisual and Culture Executive Agency (hereinafter referred to as the Agency) has been entrusted with the management of certain strands of Community programmes in the fields of education, audiovisual and culture, and in particular with the management of the support programme for the European audiovisual sector MEDIA 2007 (2007-13), established by Decision No 1718/2006/EC of the Parliament and of the Council (3), the programme to encourage the development of European audiovisual works, MEDIA Plus — Development, Distribution and Promotion (2001-06), established by Council Decision 2000/821/EC (4), and with the training programme for professionals of the European audiovisual programme industry MEDIA-Training (2001-06), established by Decision No 163/2001/EC of the European Parliament and of the Council (5).

               (2)

               Following Article 4(3) of Decision 2005/56/EC, the Agency may be empowered by the Commission, after receiving the opinion of the Committee for Executive Agencies, to carry out further tasks of the same type under Community programmes in the fields of education, audiovisual and culture.

               (3)

               The mandate of the Agency should also cover the management and the closure of projects under the training programme for professionals in the European audiovisual programme industry MEDIA II — Training (1996-2000), approved by Council Decision 95/564/EC (6); and the programme encouraging the development and distribution of European audiovisual works MEDIA II — Development and distribution (1996-2000), approved by Council Decision 95/563/EC (7).

               (4)

               Decision 2005/56/EC should consequently be amended.

               (5)

               The provisions set out by this Decision are in accordance with the opinion of the Committee for Executive Agencies,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   In Decision 2005/56/EC the following points 29 and 30 shall be added to Article 4(1):

               ‘29.

               the training programme for professionals in the European audiovisual programme industry (MEDIA II — Training) (1996-2000), established by Council Decision 95/564/EC (8);

               30.

               the programme encouraging the development and distribution of European audiovisual works (MEDIA II — Development and distribution) (1996-2000), established by Council Decision 95/563/EC (9).

      Done at Brussels, 12 June 2008.

            For the Commission

         Viviane REDING

            Member of the Commission

      (1)  OJ L 11, 16.1.2003, p. 1.

      (2)  OJ L 24, 27.1.2005, p. 35. Decision as amended by Decision 2007/114/EC (OJ L 49, 17.2.2007, p. 21).

      (3)  OJ L 327, 24.11.2006, p. 12.

      (4)  OJ L 336, 30.12.2000, p. 82. Decision as last amended by Regulation (EC) No 885/2004 (OJ L 168, 1.5.2004, p. 1).

      (5)  OJ L 26, 27.1.2001, p. 1. Decision as last amended by Regulation (EC) No 885/2004.

      (6)  OJ L 321, 30.12.1995, p. 33.

      (7)  OJ L 321, 30.12.1995, p. 25.

      (8)  OJ L 321, 30.12.1995, p. 33.

      (9)  OJ L 321, 30.12.1995, p. 25.’


title: Decision No H1 of 12 June 2009 concerning the framework for the transition from Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 to Regulations (EC) No 883/2004 and (EC) No 987/2009 of the European Parliament and of the Council and the application of Decisions and Recommendations of the Administrative Commission for the coordination of social security systems (Text of relevance to the EEA and to the EC/Switzerland Agreement)

text:
               24.4.2010

               EN

               Official Journal of the European Union

               C 106/13

         DECISION No H1
   of 12 June 2009
   concerning the framework for the transition from Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 to Regulations (EC) No 883/2004 and (EC) No 987/2009 of the European Parliament and of the Council and the application of Decisions and Recommendations of the Administrative Commission for the coordination of social security systems
   (Text of relevance to the EEA and to the EC/Switzerland Agreement)
   2010/C 106/05
   THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,
   Having regard to Article 72(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which the Administrative Commission is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (2),
   Having regard to Articles 87 to 91 of Regulation (EC) No 883/2004,
   Having regard to Article 64(7) and Articles 93 to 97 of Regulation (EC) No 987/2009,
   Whereas:

               (1)

               Regulations (EC) No 883/2004 and (EC) No 987/2009 enter into force on 1 May 2010 and Regulations (EEC) No 1408/71 (3) and (EEC) No 574/72 (4) shall be repealed on the same date, except for the situations governed by Article 90(1) of Regulation (EC) No 883/2004 and Article 96(1) of Regulation (EC) No 987/2009.

               (2)

               Subject to Article 87(8) of Regulation (EC) No 883/2004 and Article 94 of Regulation (EC) No 987/2009, in principle claims submitted before the date of entry into force of the said Regulations shall continue to be governed by the law which was applicable to them at the time they were submitted and the provisions of the said Regulations shall apply only to claims opened after their entry into force.

               (3)

               Decisions No 74 to 208 and Recommendations No 14 to 23 of the Administrative Commission on Social Security for Migrant Workers, still in force, become obsolete on the date on which Regulations (EEC) No 1408/71 and (EEC) No 574/72 are repealed and Regulations (EC) No 883/2004 and (EC) No 987/2009 enter into force.

               (4)

               There is a need to adapt certain Decisions and Recommendations applicable under Regulations (EEC) No 1408/71 and (EEC) No 574/72 in order to correspond to the provisions of Regulations (EC) No 883/2004 and (EC) No 987/2009.

               (5)

               There is a need for transparency and guidance for the institutions in applying Decisions and Recommendations of the Administrative Commission under Regulation (EEC) No 1408/71 and (EEC) No 574/72 after the date of entry into force of Regulations (EC) No 883/2004 and (EC) No 987/2009.

               (6)

               Due to legal and technical complexity, a tight timeframe and a need to prioritise certain tasks of the Administrative Commission, some of the Decisions will not be ready for the publication in time before the entry into force of Regulations (EC) No 883/2004 and (EC) No 987/2009 but only at a later stage.

               (7)

               Certain provisions of Decisions and Recommendations applicable under Regulations (EEC) No 1408/71 and (EEC) No 574/72 are incorporated directly into the provisions of Regulations (EC) No 883/2004 and (EC) No 987/2009.

               (8)

               Acting in accordance with the conditions laid down in Article 71(2) of Regulation (EC) No 883/2004,

         HAS DECIDED AS FOLLOWS:

               1.

               The Decisions and Recommendations referring to Regulations (EEC) No 1408/71 and (EEC) No 574/72 shall not apply for cases governed by Regulations (EC) No 883/2004 and (EC) No 987/2009.
               Nevertheless, the said Decisions and Recommendations remain applicable where Regulations (EEC) No 1408/71 and (EEC) No 574/72 remain in force and continue to have legal effect, in particular in situations under Article 90(1), second indent, of Regulation (EC) No 883/2004 and Article 96(1), second indent, of Regulation (EC) No 987/2009.

               2.

               Decisions and Recommendations which are listed in Part A of the Annex shall not be substituted by any Decisions or Recommendations in respect of Regulations (EC) No 883/2004 and (EC) No 987/2009.

               3.

               Decisions and Recommendations listed in Part B of the Annex shall be substituted by the indicated new Decisions and Recommendations in respect of Regulations (EC) No 883/2004 and (EC) No 987/2009.

               4.

               Decisions listed in Part C of the Annex shall be adapted by the Administrative Commission at the earliest possible time so that they correspond to the provisions of Regulations (EC) No 883/2004 and (EC) No 987/2009 because the principles in these Decisions need to be applied also with regard to the said Regulations.

               5.

               The documents necessary for application of Regulations (EEC) No 1408/71 and (EEC) No 574/72 (that is, E-forms, European Health Insurance Cards and Provisional Replacement Certificates) issued by the competent institutions, authorities and other bodies of Member States before the entry into force of Regulations (EC) No 883/2004 and (EC) No 987/2009 shall continue to be valid (despite the fact that the references relate to Regulations (EEC) No 1408/71 and (EEC) No 574/72) and shall be taken into account by the institutions, authorities and other bodies of other Member States even after that date, until their date of validity has expired or until they are withdrawn or replaced by the documents issued or communicated under Regulations (EC) No 883/2004 and (EC) No 987/2009.

               6.

               This Decision shall be published in the Official Journal of the European Union. It shall apply from the date of entry into force of Regulation (EC) No 987/2009.

            The Chair of the Administrative Commission

         Gabriela PIKOROVÁ

      (1)  OJ L 166, 30.4.2004, p. 1.

      (2)  OJ L 284, 30.10.2009, p. 1.

      (3)  OJ L 149, 5.7.1971, p. 2.

      (4)  OJ L 74, 27.3.1972, p. 1.

      ANNEX

         PART A

      (Decisions and Recommendations referring to Regulations (EEC) No 1408/71 and (EEC) No 574/72 without successor in respect of Regulations (EC) No 883/2004 and (EC) No 987/2009)

         Decisions:

                  Decision 74

                  Decision 76

                  Decision 79

                  Decision 81

                  Decision 85

                  Decision 89

                  Decision 91

                  Decision 115

                  Decision 117

                  Decision 118

                  Decision 121

                  Decision 126

                  Decision 132

                  Decision 133

                  Decision 134

                  Decision 135

                  Decision 136

                  Decision 137

                  Decision 142

                  Decision 143

                  Decision 145

                  Decision 146

                  Decision 148

                  Decision 151

                  Decision 152

                  Decision 156

                  Decision 167

                  Decision 171

                  Decision 173

                  Decision 174

                  Decision 176

                  Decision 178

                  Decision 180

                  Decision 192

                  Decision 193

                  Decision 197

                  Decision 198

                  Decision 199

                  Decision 201

                  Decision 202

                  Decision 204

         Recommendations:

                  Recommendation 15

                  Recommendation 16

                  Recommendation 17

                  Recommendation 19

                  Recommendation 20

                  Recommendation 23

         PART B

      (Substituted Decisions and Recommendations referring to Regulations (EEC) No 1408/71 and (EEC) No 574/72 and their successors in respect of Regulations (EC) No 883/2004 and (EC) No 987/2009)

                  Decisions under Regulations (EEC) No 1408/71 and (EEC) No 574/72

                  Corresponding Decisions under Regulations (EC) No 883/2004 and (EC) No 987/2009

                  Decision 75

                  DECISION P1

                  Decision 83

                  DECISION U1

                  Decision 96

                  DECISION P1

                  Decision 99

                  DECISION H1

                  Decision 100

                  DECISION H1

                  Decision 101

                  DECISION H1

                  Decision 105

                  DECISION P1

                  Decision 139

                  DECISION H1

                  Decision 140

                  DECISION H1

                  Decision 160

                  DECISION U2

                  Decision 181

                  DECISION A2

                  Decision 189

                  DECISION S1

                  Decision 190

                  DECISION S2

                  Decision 191

                  DECISION S1

                  Decision 194

                  DECISION S3

                  Decision 195

                  DECISION S3

                  Decision 196

                  DECISION S3

                  Decision 200

                  DECISION H3

                  Decision 203

                  DECISION S1

                  Decision 205

                  DECISION U3

                  Decision 207

                  DECISION F1

                  Recommendations under Regulations (EEC) No 1408/71 and (EEC) No 574/72

                  Corresponding Recommendations under Regulations (EC) No 883/2004 and (EC) No 987/2009

                  Recommendation 18

                  RECOMMENDATION U1

                  Recommendation 21

                  RECOMMENDATION U2

                  Recommendation 22

                  RECOMMENDATION P1

         PART C

      (Decisions referring to Regulations (EEC) No 1408/71 and (EEC) No 574/72 still to be adapted by the Administrative Commission)

                  Decision 138

                  Decisions 147 and 150

                  Decision 170 (including 185)

                  Decision 175

                  Decision 206

                  Decision 208


title: 2004/651/EC: Council Decision of 13 September 2004 amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditor of the Banca d’Italia

text:
               23.9.2004

               EN

               Official Journal of the European Union

               L 298/23

         COUNCIL DECISION
   of 13 September 2004
   amending Decision 1999/70/EC concerning the external auditors of the national central banks, as regards the external auditor of the Banca d’Italia
   (2004/651/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Protocol on the Statute of the European System of Central Banks and of the European Central Bank, annexed to the Treaty establishing the European Community, and in particular to Article 27.1 thereof,
   Having regard to Recommendation ECB/2004/17 of the European Central Bank of 30 July 2004 to the Council of the European Union on the external auditor of the Banca d'Italia (1),
   Whereas:

               (1)

               The accounts of the European Central Bank (ECB) and of the national central banks of the Eurosystem are to be audited by independent external auditors recommended by the Governing Council of the ECB and approved by the Council of the European Union.

               (2)

               The mandate of the current external auditors of the Banca d'Italia has expired and will not be renewed. It is therefore necessary to appoint external auditors from the financial year 2004.

               (3)

               The Governing Council of the ECB recommended the Council to approve the appointment, starting from the financial year 2004, for a renewable period of three years, of new external auditors of the Banca d'Italia, which were selected by it in accordance with its public procurement rules.

               (4)

               It is appropriate to follow the recommendation of the Governing Council of the ECB and to amend Decision 1999/70/EC (2) accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Article 1(6) of Decision 1999/70/EC shall be replaced by the following:

      ‘6.   PricewaterhouseCoopers SpA is hereby approved as the external auditor of the Banca d'Italia as from the financial year 2004, for a renewable period of three years.’

   Article 2
   This Decision shall be notified to the European Central Bank.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 13 September 2004.

            For the Council

            The President

         B. R. BOT

      (1)  OJ C 202, 10.8.2004, p. 1.

      (2)  OJ L 22, 29.1.1999, p. 69. Decision as last amended by Decision 2003/799/EC (OJ L 299, 18.11.2003, p. 23).


title: Commission Decision of 26 June 2012 setting up a group of experts on value added tax

text:
               28.6.2012

               EN

               Official Journal of the European Union

               C 188/2

         COMMISSION DECISION
   of 26 June 2012
   setting up a group of experts on value added tax
   2012/C 188/02
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               Article 113 of the Treaty assigned the institutions the task of harmonising legislation concerning turnover taxes such as value added tax (VAT) in order to ensure the proper functioning of the internal market.

               (2)

               The Communication from the Commission on the future of VAT — Towards a simpler, more robust and efficient VAT system tailored to the single market (1) — has set out an action programme for a wide-ranging reform of the EU's VAT system. To carry out the measures listed in this Communication, the Commission may need to call upon the expertise of VAT specialists in an advisory body.

               (3)

               As stated in the Communication, and in accordance with the Smart Regulation principles (2), the Commission attaches high importance to collecting the views and specific knowledge of the stakeholders when developing and implementing new VAT policies. It is therefore necessary to set up a group of experts in the field of VAT and to define its tasks and its structure.

               (4)

               The group should be composed of individuals with the requisite expertise in the area of VAT and of organisations representing in particular businesses, consumers or tax practitioners which can help develop and implement VAT policies.

               (5)

               The group should provide the Commission with advice and insight on preparing and implementing VAT policy. All members should play a very active and high-quality role in the meetings, and in preparing them and following them up if necessary.

               (6)

               Rules should be laid down on the disclosure of information by members of the group.

               (7)

               Personal data 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),

         HAS DECIDED AS FOLLOWS:
   Article 1
   Subject matter
   A group of experts on VAT, called the ‘VAT Expert Group’, hereinafter referred to as ‘the group’, is hereby set up.
   Article 2
   Task
   The group’s task shall be:

               (a)

               to advise the Commission on the preparation of legislative acts and other policy initiatives in the field of VAT;

               (b)

               to provide insight concerning the practical implementation of legislative acts and other EU policy initiatives in the field of VAT.

         Article 3
   Consultation
   The Commission may consult the group on any matter relating to the preparation and implementation of EU legislation and other policy initiatives taken at EU level in the field of VAT.
   Article 4
   Membership — Appointment
   1.   The group shall be composed of a maximum of 40 members.
   2.   Members shall be organisations and individuals appointed in a personal capacity, with competence in the areas referred to in Article 2.
   3.   The Director-General for Taxation and Customs Union shall appoint the members from among the organisations and individuals that have responded to a call for applications.
   4.   Organisations shall nominate their representative and an alternate to replace the representative when absent or indisposed. The Director-General for Taxation and Customs Union may refuse a representative or an alternate proposed by an organisation if he or she does not meet the profile required in the call for application. In such cases, the organisation concerned shall be asked to nominate another representative or alternate.
   5.   In the case of individuals appointed in a personal capacity, provision may be made for each member to have an alternate. The alternate shall be appointed in accordance with the same conditions as the member, and shall automatically replace the member if he or she is absent or indisposed.
   6.   Members shall be appointed for two years. They shall remain in office until the end of their term of office. Their term of office may be renewed if they respond to a fresh call for applications.
   7.   Applicants who have been deemed suitable but who have not been appointed may be placed on a reserve list (‘the list’) kept for two years, which the Commission shall use to appoint replacements.
   8.   Members appointed in a personal capacity shall act independently and in the public interest.
   9.   All members and their representatives shall play a very active and high-quality role in the meetings, and in preparing them and following them up if necessary.
   10.   Members who resign or who do not comply with the conditions set out in paragraphs 2, 8 and 9 of this Article, or Article 339 of the Treaty, may be replaced for the remainder of their term of office by a member appointed by the Commission. The Commission shall use the list to appoint replacements.
   The Director-General for Taxation and Customs Union may ask an organisation to nominate another representative or another alternate if he considers that he or she does not comply with the conditions set out in paragraph 9 of this Article.
   11.   The names of the individuals appointed in a personal capacity and of the organisations shall be published in the register of Commission expert groups and other similar entities (‘the Register’) and on the website of the Directorate-General for Taxation and Customs Union.
   12.   Personal data shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.
   Article 5
   Operation
   1.   The group shall be chaired by a representative of the Commission.
   2.   In agreement with the Commission services, the group may set up sub-groups to examine specific questions on the basis of terms of reference defined by the group. Such sub-groups shall be disbanded as soon as their mandate has been fulfilled.
   3.   The Commission’s representative may invite outside experts to participate in the work of the group or sub-group on an ad hoc basis if they have a specific expertise that would benefit the group. In addition, the Commission’s representative may give observer status to certain individuals or organisations as defined in Rule 8(3) of the horizontal rules on expert groups.
   4.   All members of the group and their representatives, as well as invited experts and observers, shall comply with the obligations of professional secrecy laid down by the Treaty and its implementing rules, as well as with the Commission’s rules on security regarding the protection of EU classified information, laid down in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (4). Should they fail to comply with these obligations, the Commission may take any appropriate measures.
   5.   The meetings of the group and sub-groups shall normally be held on Commission premises, in the form and according to the timetable determined by the Commission. 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 for expert groups.
   7.   The Commission shall publish relevant information on the activities carried out by the group either by including it in the Register or via a link from the Register to a dedicated website.
   Article 6
   Meeting expenses
   1.   Participants in the activities of the group shall not be remunerated for the services they render.
   2.   Travel and subsistence expenses incurred by participants in the activities of the group shall be reimbursed by the Commission in accordance with the provisions in force within the Commission.
   3.   Those expenses shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.

      Done at Brussels, 26 June 2012.

            For the Commission

         Algirdas ŠEMETA

            Member of the Commission

      (1)  COM(2011) 851, 6.12.2011.

      (2)  COM(2010) 543, 8.10.2010.

      (3)  OJ L 8, 12.1.2001, p. 1.

      (4)  Commission Decision of 29 November 2001 amending its internal Rules of Procedure (OJ L 317, 3.12.2001, p. 1).


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32002D0086

2002/86/EC: Council Decision of 28 January 2002 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Estonia

Official Journal L 044 , 14/02/2002 P. 0029 - 0036

Council Decisionof 28 January 2002on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Estonia(2002/86/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant States in the framework of the pre-accession strategy, and in particular on the establishment of Accession Partnerships(1), and in particular to Article 2 thereof,Having regard to the proposal from the Commission,Whereas:(1) The Luxembourg European Council stated that the Accession Partnership is a new instrument and the key feature of the enhanced pre-accession strategy.(2) Regulation (EC) No 622/98 sets out that the Council is to decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities, intermediate objectives and conditions contained in the individual Accession Partnerships, as they are submitted to each applicant State, as well as on subsequent significant adjustments applicable to them.(3) Community assistance is conditional on the fulfilment of essential elements, and in particular on the respect of the commitments contained in the Europe Agreements and on progress towards fulfilment of the Copenhagen criteria. Where an essential element is lacking, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps with regard to any pre-accession assistance.(4) The Luxembourg European Council decided that the implementation of the Accession Partnership and progress in adopting the acquis will be examined in the Europe Agreement bodies.(5) The 2001 Commission's regular report presents an objective analysis on Estonia's preparations for membership and identifies a number of priority areas for further work.(6) In order to prepare for membership, Estonia should continue to update its national programme for the adoption of the acquis; this programme should set out a timetable for achieving the priorities and intermediate objectives established in the Accession Partnership.(7) Estonia needs to ensure that the appropriate legal and administrative structures needed for the programming, coordination, management, control and evaluation of Community pre-accession funds are in place,HAS DECIDED AS FOLLOWS:Article 1In accordance with Article 2 of Regulation (EC) No 622/98, the principles, priorities, intermediate objectives and conditions in the Accession Partnership for Estonia are set out in the Annex hereto, which forms an integral part of this Decision.Article 2The implementation of the Accession Partnership shall be examined in the Europe Agreement bodies and by the appropriate Council bodies to which the Commission shall report regularly.Article 3This Decision shall take effect on the third day following its publication in the Official Journal of the Official Journal of the European Communities.Done at Brussels, 28 January 2002.For the CouncilThe PresidentJ. Piqué i Camps(1) OJ L 85, 20.3.1998, p. 1.ANNEX1. IntroductionAt its meeting in Luxembourg in December 1997, the European Council decided that the Accession Partnership would be the key feature of the enhanced pre-accession strategy, mobilising all forms of assistance to the candidate countries within a single framework. In this manner, the Community targets its assistance towards the specific needs of each candidate so as to provide support for overcoming particular problems with a view to accession.The first Accession Partnership for Estonia was decided in March 1998. As provided for in Regulation (EC) No 622/98 (Article 2), the Accession Partnership was updated a first time in December 1999, taking into account further developments in Estonia. The present revision is based on a proposal by the Commission following consultation with Estonia, and draws on the analysis of the Commission's 2001 regular report on progress made by Estonia towards accession.2. ObjectivesThe purpose of the Accession Partnership is to set out in a single framework the priority areas for further work identified in the Commission's 2001 regular reports on the progress made by Estonia towards membership of the Union, the financial means available to help Estonia implement these priorities and the conditions which will apply to that assistance. The Accession Partnership provides the basis for a number of policy instruments which will be used to help the candidate States in their preparations for membership. These include inter alia the updated national programme for the adoption of the acquis prepared by Estonia, the pre-accession fiscal surveillance procedure, the pre-accession economic programme, the pre-accession pact on organised crime as well as the national development plans, the rural development plans, a national employment strategy in line with the European Employment Strategy, and sectoral plans necessary for the participation in the Structural Funds after membership and for the implementation of ISPA and Sapard before accession. Each of these instruments is different in nature and is prepared and implemented according to specific procedures and may be supported by pre-accession aid. They are not an integral part of this Partnership but the priorities they contain will be compatible with it.3. PrinciplesThe main priority areas identified for each candidate State relate to their ability to take on the obligations of meeting the Copenhagen criteria which state that membership requires:- that the candidate State has achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities,- the existence of a functioning market economy, as well as the capacity to cope with competitive pressure and market forces within the Union,- the ability to take on the obligations of membership, including adherence to the aims of political, economic and monetary union.At its meeting in Madrid in 1995, the European Council stressed the need for the candidate States to adjust their administrative structures to ensure harmonious operation of Community policies after accession and at Luxembourg, in 1997, it stressed that incorporation of the acquis into legislation is necessary, but not in itself sufficient; it is necessary to ensure that it is actually applied. The Feira and Gothenburg European Councils in 2000 and 2001 respectively confirmed the vital importance of the applicant countries' capacity to implement and enforce the acquis, and added that this required important efforts by the applicants in strengthening and reforming their administrative and judicial structures.4. Priorities and intermediate objectivesThe Commission's regular reports have highlighted, besides the progress already made, the extent of the efforts which still have to be made in certain areas by candidate States to prepare for accession. This situation requires the definition of intermediate stages in terms of priorities, each to be accompanied by precise objectives to be set in collaboration with the States concerned, the achievement of which will condition the degree of assistance granted and the progress of the negotiations under way with Estonia. The priorities listed in the revised Accession Partnership have been selected on the basis that it is realistic to expect that Estonia can complete or take them substantially forward over the next two years (2002 to 2003). Within this list, issues that require particularly urgent action have been highlighted as such. The progress made in meeting the priorities of the 1999 Accession Partnership is assessed in the 2001 regular report. This assessment has been used in formulating the priorities for the current Partnership.Estonia submitted an updated version of its national programme for the adoption of the acquis (NPAA) on 12 April 2001. The NPAA sets out a timetable for achieving priorities and intermediate objectives based on the 1999 Accession Partnership, as well as necessary administrative structures and financial resources.The Accession Partnership indicates the priority areas for Estonia's membership preparations. Estonia will nevertheless have to address all issues identified in the 2001 regular report. It is also important that Estonia fulfils the commitments of legislative approximation and the implementation of the acquis in accordance with the commitments made under the Europe Agreement, and in the context of the negotiation process. It should be recalled that incorporation of the acquis into legislation is not in itself sufficient; it will also be necessary to ensure that it is actually applied to the same standards as those which apply within the Union. In all of the areas listed below there is a need for credible and effective implementation and enforcement of the acquis.Drawing on the analysis of the Commission's regular report, the following priorities and intermediate objectives have been identified for Estonia. These priorities are presented in accordance with the structure of the regular report(1).Political criteriaDemocracy and the rule of law- continue to improve the efficiency and independence of the judiciary. Address, in particular, workload in courts and backlogs of pending court cases; improve infrastructure to ensure the due functioning of courts; ensure the enforcement of courts' decisions; improve citizen's access to justice; widen the availability of legal aid.Human rights and protection of minorities- continue the integration of non-citizens by implementing concrete measures, including language training for non-Estonian speakers; provide necessary financial support for the implementation of these measures,- ensure that the implementation of language legislation is in line with both international standards and the Europe Agreement and respects the principles of justified public interest and proportionality.Economic criteria- continue efforts to improve labour market responsiveness, in particular by upgrading education and training, in order to reduce the level of unemployment,- continue efforts to improve the conditions for the creation and development of private enterprises,- implement the restructuring plan for the oil-shale sector,- complete land reform, with particular emphasis on the registration of agricultural land.Ability to assume the obligations of membershipFree movement of goods- complete the transposition and implementation of "New approach" directives and traditional sectoral legislation,- reinforce the national accreditation system and market surveillance system; ensure that the metrology organisation is fully operational,- continue with the adoption of EN standards.- proceed with screening of legislation in the non-harmonised area to ensure that it is in compliance with Articles 28, 29 or 30 of the Treaty and complete administrative arrangements for the future monitoring in this area.Free movement of persons- with respect to the professional qualifications obtained before harmonisation, Estonia should give priority to introducing measures to ensure that all its professionals can, from accession, meet the requirements laid down by the directives,- complete alignment of mutual recognition of professional qualifications and diplomas and continue efforts to introduce required administrative structures, education and training programmes,- reinforce the administrative structures for the coordination of social security.Freedom to provide services- complete alignment of financial services legislation,- reinforce the supervision of financial services, in particular of securities markets,- complete alignment of data protection legislation, strengthen and ensure the independence of the supervisory body.Free movement of capital- in need of particularly urgent action: align legislation on payment systems and ensure effective implementation,- align legislation on direct investment in those sectors still restricted (security services),- ensure compliance with the recommendations of the financial action task force,- complete alignment of legislation with second Directive against money laundering.Company law- in need of particularly urgent action: complete alignment in intellectual and industrial property rights, and strengthen administrative and judicial capacity with a view to tackling piracy and counterfeiting.Competition policy- ensure the enforcement of anti-trust and State aid rules; increase awareness of the rules among all market participants and aid granters; intensify the training of the judiciary in the competition field.Agriculture- reinforce the administrative structures needed for the design, implementation, management, monitoring, control and evaluation upon accession of Community-funded rural development programmes,- upgrade the capacity of the agricultural administration and complete preparations for the enforcement and practical application of the management mechanisms of the common agricultural policy, in particular the integrated administration and control system and the Paying Agency, as well as for the implementation and enforcement of veterinary and phytosanitary and food safety legislation,- complete upgrading of food processing industry, in particular in the dairy, meat and fish processing sectors in line with Community food safety standards; reinforce the food control administration,- complete system of animal identification; implement food safety control systems (hazard analysis and critical control points), animal waste treatment, residue and zoonosis control programmes,- complete alignment of veterinary and phytosanitary legislation and upgrade inspection arrangements, with particular emphasis on improvement of laboratory capacity, with a view to fulfilling the obligations of control of domestic production and at future external borders,- complete transposition of legislation on transmissible spongiform encephalopathies, plant passports, maximum residue levels, animal nutrition and ensure implementation and enforcement, including testing of animal diseases, in particular transmissible spongiform encephalopathies, in accordance with the acquis.Fisheries- complete the establishment of adequate administrative structures with sufficient institutional resources and equipment at central and regional level that ensure the implementation of the common fisheries policy including management of resources, inspection and control of fishing activities, the market policy, structural programmes co-financed by the Financial Instrument for Fisheries Guidance, a fishing vessel register and a management plan for the fleet capacity in accordance with available resources.Transport policy- complete legislative alignment in maritime transport, taking into account its latest developments, and in particular, strengthen the implementation of maritime safety standards, and further reinforce the relevant administrative capacity in order to improve the flag State performance of the Estonian fleet,- complete legislative alignment and reinforce administrative capacity in the inland waterways sector, in the road sector in particular as regards road safety, dangerous goods and taxation, and in the railway transport sector with a view to the implementation of the revised railway acquis, particularly by setting up an independent allocation and charging body; complete legislative alignment in aviation, and in particular, set up an independent aviation accident investigation authority.Taxation- complete alignment with the tax acquis as regards VAT (zero-rating and the transitional VAT regime), excise duties and direct taxation,- ensure that legislation complies with the principles of the Code of Conduct for Business Taxation,- strengthen administrative capacity and control procedures and improve administrative cooperation and mutual assistance,- develop IT systems so as to allow for the exchange of electronic data with the Community and its Member States,- Implement the Holding and Movements Directive.Statistics- further improve the quality and coverage of statistics; ensure that adequate resources are available to further strengthen statistical capabilities, including at regional level.Social policy and employment- complete alignment and ensure proper implementation of Community legislation in particular in the field of equal treatment for women and men. Strengthen the capacity of enforcement bodies, in particular the National Labour Inspectorate and ensure coherence and coordination between these. Adopt legislation against discrimination and develop a timetable for its implementation,- complete transposition and continue to implement the acquis on public health and develop a national system for surveillance and control,- continue to support social partners' capacity-building efforts in particular with a view to their future role in the development and implementation of Community employment and social policy, including the European Social Fund, notably through autonomous bipartite social dialogue,- prepare a national strategy, including data collection, with a view to the future participation in the European strategy on social inclusion.Energy- continue preparations for the internal energy market and alignment of legislation with the electricity and gas directives; establish an independent transmission system operator (electricity); eliminate remaining price distortions and bring levels of market opening in line with the acquis,- strengthen the administrative capacity of the independent regulator of the energy sector,- make progress in building up levels of oil stocks, including necessary investments, towards the level of 90 days, and develop adequate administrative structures,- improve energy efficiency, promote the use of renewable energy sources and strengthen the relevant institutions in this area,- implement the recommendations contained in the Council report on nuclear safety in the context of enlargement with due regard to the priorities assigned in the report.Telecommunications and information technologies- complete transposition and implementation of the acquis including local loop unbundling; ensure effective functioning of the liberalised market through effective interconnection regulation and availability of carrier selection facilities.Culture and audiovisual policy- strengthen administrative capacity and coordination of relevant authorities in order to ensure implementation of the acquis.Regional policy and coordination of structural instruments- ensure effective interministerial coordination and appropriate partnership with a view to both programming and implementation; prepare a single programming document as required by the Structural Funds regulations, including an ex ante evaluation,- ensure that the designated managing authority and paying authorities will progressively build up their capacity in order to be able, upon accession, to fulfil their responsibilities and deliver the tasks assigned to each of them according to the Structural Funds Regulations,- set up monitoring and evaluation systems; align financial management and control procedures with the specific requirements of the Structural Funds Regulations,- develop the technical preparation of projects eligible for Structural and Cohesion Funds assistance.Environment- complete transposition of the acquis, with particular emphasis on water quality and waste management,- continue implementation of the acquis, in particular as regards landfill of waste (establish waste management plans and find sustainable solutions to the handling of wastes from extraction, incineration and refining of oil-shale), discharge of dangerous substances in the aquatic environment (establish pollution reduction programmes and ensure monitoring) and nitrate pollution from agricultural sources; strengthen efforts to meet microbiological parameters for water intended for human consumption,- continue strengthening administrative capacity, in particular at regional and local level,- continue to integrate environmental protection requirements into the definition and implementation of all other sectoral policies with a view to promoting sustainable development.Consumers and health protection- complete legislative alignment and strengthen market surveillance and enforcement authorities.Cooperation in the field of Justice and Home Affairs- ensure implementation of the Schengen action plan,- improve coordination among law enforcement bodies and the judiciary; continue the fight against organised crime; strengthen capacities to deal with money laundering,- continue preparation for future participation in the Schengen Information System by developing various national databases and registers,- take the necessary steps to ensure implementation of the Community instruments in the area of judicial cooperation in civil matters,- continue the fight against drugs by developing and implementing the national drugs strategy and strengthening the administrative bodies involved in its implementation; prepare for full participation in the work of European Monitoring Centre for Drugs and Drug Addiction,- align legislation on visas, legal migration and asylum; implement border and migration legislation to prevent illegal immigration; properly implement the Refugees Act,- pursue border demarcation with Russia; strengthen border management and control, including sea surveillance,- complete legislative alignment with the Convention on the Protection of the Communities' Financial Interests and its Protocols.Customs union- ensure effective implementation of tariffs and tariff-related measures; further align legislation concerning cultural goods and precursors; continue the fight against fraud and corruption; continue to implement the customs ethics policy,- reinforce administrative and operational capacity including border control; develop capacity in the field of revenue collection and on all customs procedures related to tariffs; improve coordination between the relevant bodies as regards enforcement and revenue collection of duties; improve the capacity of customs laboratories,- continue the implementation of the IT strategy of the Estonian customs administration; develop IT systems so as to allow for the exchange of computerised data between the Community and Estonia.External relations- take the necessary measures to ensure that any international treaties or agreements including bilateral investment treaties incompatible with the acquis are renegotiated or terminated by accession.Financial control- ensure the implementation of the new legislation on public internal financial control; continue to develop internal audit/control units in all spending centres; strengthen managerial accountability and public financial control functions through the provision of adequate staff, training and equipment,- complete the legislative framework for external audit; formalise the working relationship between the Supreme Audit Office and the Parliament,- start cooperating effectively with OLAF through the designated central contact point,- strengthen the fight against fraud,- continue efforts to ensure the correct use, control, monitoring and evaluation of EC pre-accession funding as a key indicator of Estonia's ability to implement the financial control acquis.5. ProgrammingFor the period 2000 to 2006, in addition to PHARE, financial assistance to Estonia comprises support for pre-accession measures for agriculture and rural development through the pre-accession instrument Sapard (Council Regulation (EC) No 1268/1999, OJ L 161, 26.6.1999, p. 87); and support for infrastructure projects in the fields of environment and transport through the structural instrument ISPA (Council Regulation (EC) No 1267/1999, OJ L 161, 26.6.1999, p. 73), which gives priority to measures similar to the Cohesion Fund in the pre-accession period. Under these national allocations, Estonia can also fund part of its participation in community programmes including the research and technological development framework programmes and programmes in the areas of education and enterprise. In addition Estonia will have access to funding from multicountry and horizontal programmes directly related to the acquis. Joint financing by the applicant States is systematically required for all investment projects. Since 1998 the Commission has worked with the European Investment Bank and the International Financial Institutions, in particular the European Bank for Reconstruction and Development and the World Bank, with a view to facilitating the co-financing of projects relating to pre-accession priorities.6. ConditionalityCommunity assistance for financing projects through the three pre-accession instruments PHARE, ISPA and Sapard, is conditional on respect by Estonia of its commitments under the Europe Agreement, further steps towards satisfying the Copenhagen criteria and in particular progress in meeting the specific priorities of this revised Accession Partnership. Failure to respect these general conditions could lead to a decision by the Council on the suspension of financial assistance on the basis of Article 4 of Regulation (EC) No 622/98.7. MonitoringThe implementation of the Accession Partnership is monitored in the framework of the Europe Agreement. As underlined by the European Council in Luxembourg, it is important that the institutions of the Europe Agreement continue to be the framework within which the adoption and implementation of the acquis can be examined. The relevant sections of the Accession Partnership are discussed in the appropriate subcommittee. The Association Committee discusses overall developments, progress and problems in meeting the Partnership's priorities and intermediate objectives as well as more specific issues referred to it from the subcommittees.The PHARE Management Committee ensures that actions financed under all three pre-accession instruments, PHARE, ISPA, and Sapard, are compatible with each other as well as with the Accession Partnerships as laid down in the Coordinating Regulation (Council Regulation (EC) No 1266/1999, OJ L 161, 26.6.1999, p. 68).The Accession Partnership will continue to be amended as necessary in accordance with Article 2 of Regulation (EC) No 622/98.(1) The order of presentation is that used in the 2000 regular report.


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31991D0613

91/613/EEC: Council Decision of 28 October 1991 concerning the conclusion of an Agreement between the European Economic Community and the Republic of Iceland establishing cooperation in the field of education and training within the framework of the Erasmus programme

Official Journal L 332 , 03/12/1991 P. 0021 - 0021

COUNCIL DECISION of 28 October 1991 concerning the conclusion of an Agreement between the European  Economic Community and the Republic of Iceland establishing cooperation in the field of education  and training within the framework of the Erasmus programme (91/613/EEC)THE COUNCIL  OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  235 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Whereas by Decision 87/327/EEC (3) as amended by Decision 89/663/EEC (4), the Council adopted the  European Community Action Scheme for the Mobility of University Students (Erasmus); Whereas on 5 November 1990, the Council authorized the Commission to negotiate with the EFTA  countries and Liechtenstein, in accordance with specific negotiating Directives, bilateral  agreements having as their objective cooperation in the field of education and training within the  framework of the Erasmus programme; Whereas a Cooperation Agreement between the European Economic Community and the Republic of Iceland  by its nature enriches the impact of the Erasmus programme so as to develop inter-university  cooperation and to strengthen the skill levels of human resources in Europe, HAS DECIDED AS FOLLOWS: Article 1 The Agreement between the European Economic Community and the Republic of Iceland establishing  cooperation in the field of education and training within the framework of the Erasmus programme is  hereby approved on behalf of the Community. The text of the Agreement is attached to this Decision. Article 2 The President of the Council shall give the notification provided for in Article 13 of the  Agreement (5). Done at Luxembourg, 28 October 1991. For the Council The President J. M. M. RITZEN (1) OJ N° C 127, 17. 5. 1991, p. 3. (2) Opinion delivered on 24 October 1991 (not yet published in the Official Journal). (3) OJ N° L 166, 25. 6. 1987, p. 20. (4) OJ N° L 395, 30. 12. 1989, p. 23. (5) See page 71 of this Official Journal.


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32001D0404

2001/404/EC: Council Decision of 28 May 2001 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Argentine Republic pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 for the modification of concessions with respect to garlic provided for in Schedule CXL annexed to the GATT

Official Journal L 142 , 29/05/2001 P. 0007 - 0007

Council Decisionof 28 May 2001on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Argentine Republic pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 for the modification of concessions with respect to garlic provided for in Schedule CXL annexed to the GATT(2001/404/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) On 2 May 2000, the Council authorised the Commission to enter into negotiations and consultations with WTO Members under Article XXVIII of GATT 1994 with a view to modifying the bound tariff for garlic.(2) Negotiations have been conducted by the Commission in consultation with the Article 133 Committee and within the framework of the negotiating directives issued by the Council.(3) Negotiations with the Argentine Republic, the only WTO Member having a principal supplying interest, have been successfully concluded.(4) The Agreement in the form of an Exchange of Letters between the European Community and the Argentine Republic for the modification of concessions for garlic should therefore be approved.(5) The measures needed to implement this Decision should be adopted in accordance with the management procedure laid down in Article 46 of Regulation (EC) No 2200/96(1),HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters between the European Community and the Argentine Republic pursuant to Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 for the modification of concessions with respect to garlic provided for in Schedule CXL annexed to the GATT, is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2The Commission, assisted by the Committee established by Article 45 of Regulation (EC) No 2200/96, shall adopt the necessary measures for managing the tariff quotas provided for in the Agreement in accordance with the procedure provided for in Article 46 of that Regulation.Article 3The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the Community(2).Article 4This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 28 May 2001.For the CouncilThe PresidentT. Bodström(1) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Regulation (EC) No 2826/2000 (OJ L 328, 23.12.2000, p. 2).(2) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities.


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31997D0833

97/833/EC: Council Decision of 11 December 1997 laying down the procedure for adopting the Community's position in the Customs Union Joint Committee set up by Decision No 1/95 of the EC-Turkey Association Council on implementation of the final phase of the Customs Union

Official Journal L 345 , 16/12/1997 P. 0052 - 0052

COUNCIL DECISION of 11 December 1997 laying down the procedure for adopting the Community's position in the Customs Union Joint Committee set up by Decision No 1/95 of the EC-Turkey Association Council on implementation of the final phase of the Customs Union (97/833/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Whereas Decision No 1/95 (3) of the EC-Turkey Association Council established a Customs Union Joint Committee; whereas that Committee is empowered to frame recommendations to the Association Council and has decision-making powers in the cases provided for by the said Decision;Whereas for the purposes of Joint Committee proceedings it is necessary to lay down rules for the adoption of common positions on the basis of which the Community, represented on the Joint Committee by the Commission, can enter into commitments vis-à-vis Turkey;Whereas the Joint Committee's task is to ensure the proper functioning of the Customs Union and freedom of trade between the Parties; whereas common positions to be adopted by the Community accordingly fall within the scope of Article 113 of the Treaty, and the procedure provided for by that Article should as a rule apply;Whereas it is necessary, however, to provide that common positions relating to the application of Community legislation and any associated technical adjustments or to the assessment of anti-competitive behaviour should be adopted by the Commission,HAS ADOPTED THIS DECISION:Article 1 Subject to Article 2, the position to be taken by the Community in the Customs Union Joint Committee shall be adopted by the Council, acting by a qualified majority on a proposal from the Commission.Article 3 The position to be taken by the Community in the Customs Union Joint Committee shall be adopted by the Commission where the said position relates to the simple transposition into the Customs Union of acts of Community law, if necessary by means of technical adjustments, or to the assessment of anti-competitive behaviour. The annual report by the Commission on the implementation of the Customs Union shall also inform the European Parliament of decisions taken by the Joint Committee.Article 3 This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 11 December 1997.For the CouncilThe PresidentM. DELVAUX-STEHRES(1) OJ C 84, 21. 3. 1996, p. 14.(2) Opinion delivered on 18 November 1997 (not yet published in the Official Journal).(3) OJ C 35, 13. 2. 1996, p. 1.


title: 2005/56/EC: Commission Decision of 14 January 2005 setting up the Education, Audiovisual and Culture Executive Agency for the management of Community action in the fields of education, audiovisual and culture in application of Council Regulation (EC) No 58/2003

text:
               27.1.2005

               EN

               Official Journal of the European Union

               L 24/35

      COMMISSION DECISION

   of 14 January 2005
   setting up the Education, Audiovisual and Culture Executive Agency for the management of Community action in the fields of education, audiovisual and culture in application of Council Regulation (EC) No 58/2003
   (Only the German, French and English texts are authentic)
   (2005/56/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (1), and in particular Article 3(1) thereof,
   Whereas:

               (1)

               Regulation (EC) No 58/2003 empowers the Commission to set up executive agencies in accordance with the general statute laid down by that Regulation and to entrust them with certain management tasks relating to one or more Community programmes; this decision does not affect the scope of that Regulation.

               (2)

               The purpose of empowering the Commission to set up executive agencies is to allow it to focus on core activities and functions which cannot be outsourced, without relinquishing control over, or ultimate responsibility for, activities managed by the said executive agencies.

               (3)

               Management of certain centralised strands of a number of programmes in the fields of education, audiovisual and culture involves implementation of technical projects which do not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle.

               (4)

               The delegation, to an executive agency, of tasks related to programme implementation is possible with a clear separation between, on the one hand, the project programming stages and the adoption of funding decisions, which should be carried out by the Commission, and, on the other hand, project implementation, which should be entrusted to the executive agency.

               (5)

               The setting up of the executive agency affects neither the delegation by the Council to the Commission of the management of certain phases of action under the different programmes nor the delegation of management tasks to national agencies regarding certain programmes.

               (6)

               A cost-benefit analysis carried out for that purpose has shown that using an executive agency to manage certain centralised strands of programmes in the fields of education, audiovisual and culture is the most advantageous of the options available, both in financial and in non-financial terms.

               (7)

               The measures provided for by this Decision are in accordance with the opinion of the Committee for Executive Agencies.

               (8)

               Commission Regulation (EC) No 1653/2004 of 21 September 2004 establishes a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (2),

         HAS DECIDED AS FOLLOWS:
   Article 1
   Establishment of the Agency
   1.   An executive agency (hereinafter referred to as the Agency) for the management of Community action in the fields of education, audiovisual and culture, the statute and main operating rules of which are laid down in Regulation (EC) No 58/2003, is hereby established.
   2.   The name of the Agency shall be the Education, Audiovisual and Culture Executive Agency.
   Article 2
   Location
   The Agency shall be located in Brussels.
   Article 3
   Term
   1.   The Agency is established for a period beginning on 1 January 2005 and ending on 31 December 2008.
   2.   An evaluation of the operation of the Agency, including a cost-benefit analysis as referred to in Article 3(1) of Regulation (EC) No 58/2003, shall be drawn up by the Commission in 2006, with a view to the possible revision or extension of the tasks of the Agency in the framework of the new generation of programmes in the fields of education, audiovisual and culture.
   Article 4
   Objectives and tasks
   1.   The Agency shall be responsible for the management of certain strands of the following Community programmes:

               (a)

               the second phase of the Community action programme in the field of education ‘Socrates’ approved by Decision No 253/2000/EC of the European Parliament and of the Council (3);

               (b)

               the second phase of the Community vocational training action programme ‘Leonardo da Vinci’ approved by Council Decision 1999/382/EC (4);

               (c)

               the ‘Youth’ Community action programme approved by Decision No 1031/2000/EC of the European Parliament and of the Council (5);

               (d)

               the ‘Culture 2000’ programme approved by Decision No 508/2000/EC of the European Parliament and of the Council (6);

               (e)

               the programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus — Development, Distribution and Promotion) (2001 to 2005) approved by Council Decision 2000/821/EC (7);

               (f)

               the training programme for professionals of the European audiovisual programme industry (MEDIA-Training) (2001 to 2005) approved by Decision No 163/2001/EC of the European Parliament and of the Council (8);

               (g)

               the programme for the enhancement of quality in higher education and the promotion of intercultural understanding through cooperation with third countries (Erasmus Mundus) approved by Decision No 2317/2003/EC of the European Parliament and of the Council (9);

               (h)

               the multiannual programme (2004 to 2006) for the effective integration of information and communication technologies (ICT) in education and training systems in Europe (e-Learning) approved by Decision No 2318/2003/EC of the European Parliament and of the Council (10);

               (i)

               the Community action programme to promote active European citizenship (civic participation), approved by Council Decision 2004/100/EC (11);

               (j)

               the Community action programme to promote bodies active at European level in the field of youth, approved by Decision No 790/2004/EC of the European Parliament and the Council (12);

               (k)

               the Community action programme to promote bodies active at European level and support specific activities in the field of education and training, approved by Decision No 791/2004/EC of the European Parliament and of the Council (13);

               (l)

               the Community action programme to promote bodies active at European level in the field of culture, approved by Decision No 792/2004/EC of the European Parliament and of the Council (14);

               (m)

               projects in the field of higher education which could be funded under the provisions on aid for economic cooperation with the developing countries in Asia, approved under Council Regulation (EEC) No 443/92 (15).

         2.   The Agency shall be responsible for the following tasks for the management of the Community programme strands referred to in paragraph 1:

               (a)

               managing, throughout their duration, the projects entrusted to it in the context of implementation of Community programmes, on the basis of the annual work programme which serves as a funding decision with regard to grants and contracts in the fields of education, audiovisual and culture and is adopted by the Commission, or on the basis of specific funding decisions adopted by the Commission, and the necessary checks to that end, by adopting the relevant decisions where the Commission has empowered it to do so;

               (b)

               adopting the instruments of budget implementation for revenue and expenditure and carrying out, where the Commission has empowered it to do so, some or all of the operations necessary for the management of the Community programmes and, in particular, those linked to the award of grants and contracts;

               (c)

               gathering, analysing and passing on to the Commission all the information needed to guide the implementation of the Community programmes.

         3.   The Agency may be empowered by the Commission, after receiving the opinion of the Committee for Executive Agencies established under Article 24 of Regulation (EC) No 58/2003, to carry out tasks of the same type under Community programmes in the fields of education, audiovisual and culture, within the meaning of Article 2 of Regulation (EC) No 58/2003, other than those referred to in paragraph 1.
   4.   The Commission decision delegating authority to the Agency shall set out in detail all the tasks entrusted to it and shall be amended should any additional tasks be entrusted to the Agency. It shall be forwarded, for information purposes, to the Committee for Executive Agencies.
   Article 5
   Organisational structure
   1.   The Agency shall be managed by a Steering Committee and a Director appointed by the Commission.
   2.   The members of the Steering Committee shall be appointed for two years.
   3.   The Director of the Agency shall be appointed for four years.
   Article 6
   Grants
   The Agency shall receive a grant entered in the general budget of the European Union and taken from the funds allocated to the programmes referred to in Article 4(1) and, where appropriate, from the funds allocated to other Community programmes the implementation of which has been entrusted to the Agency by virtue of Article 4(3).
   Article 7
   Supervision and reporting requirement
   The Agency shall be subject to supervision by the Commission and shall report regularly on progress in implementing the programmes for which it is responsible in accordance with the arrangements and at the intervals stipulated in the instrument of delegation.
   Article 8
   Implementation of the operating budget
   The Agency shall implement its operating budget in accordance with the provisions of Regulation (EC) No 1653/2004.

      Done at Brussels, 14 January 2005.

            For the Commission

         Viviane REDING

            Member of the Commission

      (1)  OJ L 11, 16.1.2003, p. 1.

      (2)  OJ L 297, 22.9.2004, p. 6.

      (3)  OJ L 28, 3.2.2000, p. 1. Decision as last amended by Council Regulation (EC) No 885/2004 (OJ L 168, 1.5.2004, p. 1).

      (4)  OJ L 146, 11.6.1999, p. 33. Decision as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

      (5)  OJ L 117, 18.5.2000, p. 1. Decision as last amended by Council Regulation (EC) No 885/2004.

      (6)  OJ L 63, 10.3.2000, p. 1. Decision as last amended by Council Regulation (EC) No 885/2004.

      (7)  OJ L 336, 30.12.2000, p. 82. Decision as last amended by Council Regulation (EC) No 885/2004.

      (8)  OJ L 26, 27.1.2001, p. 1. Decision as last amended by Council Regulation (EC) No 885/2004.

      (9)  OJ L 345, 31.12.2003, p. 1.

      (10)  OJ L 345, 31.12.2003, p. 9.

      (11)  OJ L 30, 4.2.2004, p. 6.

      (12)  OJ L 138, 30.4.2004, p. 24.

      (13)  OJ L 138, 30.4.2004, p. 31.

      (14)  OJ L 138, 30.4.2004, p. 40.

      (15)  OJ L 52, 27.2.1992, p. 1. Regulation as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).


title: Council Decision (CFSP) 2015/441 of 16 March 2015 amending and extending Decision 2010/96/CFSP on a European Union military mission to contribute to the training of Somali security forces

text:
               17.3.2015

               EN

               Official Journal of the European Union

               L 72/37

         COUNCIL DECISION (CFSP) 2015/441
   of 16 March 2015
   amending and extending Decision 2010/96/CFSP on a European Union military mission to contribute to the training of Somali security forces
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 42(4) and 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 15 February 2010, the Council adopted Decision 2010/96/CFSP (1). The mandate of the EU military mission ends on 31 March 2015.

               (2)

               The Brussels Conference on Somalia, held on 16 September 2013, provided the basis for the Somalia Compact and triggered a mechanism for coordination and Somali ownership through the Somalia ‘New Deal’ task force.

               (3)

               During the United Kingdom and Somalia co-hosted international meeting, held in London on 18 September 2014, the Federal Government outlined the Ministry of Defence's path to development of the Somali National Army up to 2019, and its immediate requirements.

               (4)

               Following the Strategic Review in October 2014, the mandate of the EU military mission should be extended until 31 December 2016.

               (5)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Denmark does not participate in the implementation of this Decision and therefore does not participate in the financing of this mission.

               (6)

               The mandate of the EU military mission should be further extended with an adapted mandate,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/96/CFSP is hereby amended as follows:

               (1)

               In Article 1, paragraph 2 is replaced by the following:
               ‘2.   In order to achieve the objectives set out in paragraph 1, the EU military mission shall be deployed in Somalia in order to address both institutional building in the defence sector through strategic advice as well as direct support to the Somali National Army through training, advice and mentoring. The EU military mission shall also be ready to provide support, within its means and capabilities, to other Union actors in the implementation of their respective mandates in the security and defence area in Somalia.’.

               (2)

               Article 3 is replaced by the following:
               ‘Article 3
               Designation of the Mission Headquarters
               1.   The Mission Headquarters shall be located in Somalia, at Mogadishu International Airport in Mogadishu. It shall perform the functions of both Operational Headquarters and Force Headquarters.
               2.   The Mission Headquarters shall include a liaison and support office in Nairobi and a support cell in Brussels.’.

               (3)

               In Article 7, paragraph 4 is replaced by the following:
               ‘4.   The EU military mission shall operate, within its means and capabilities, in close cooperation with other international actors in the region, in particular the United Nations and AMISOM in line with the agreed requirements of the Federal Government of Somalia.’.

               (4)

               In Article 10, the following paragraph is added:
               ‘5.   The financial reference amount for the common costs of the EU military mission for the period from 1 April 2015 until 31 December 2016 shall be EUR 17 507 399. The percentage of this reference amount referred to in Article 25(1) of ATHENA shall be 30 % and the percentage for commitment referred to in Article 32(3) of ATHENA shall be 90 %.’.

               (5)

               The following Article is inserted:
               ‘Article 10b
               Project cell
               1.   The EU military mission shall have a project cell for identifying and implementing projects, to be financed by Member States or third States which are consistent with the mission's objectives and contribute to the mandate's delivery.
               2.   Subject to paragraph 3, the EU Mission Commander shall be authorised to seek recourse to financial contributions from the Member States or third States to implement projects identified as supplementing the EU military mission's other actions in a consistent manner. In such a case, the EU Mission Commander shall conclude an arrangement with those States, covering in particular the specific procedures for dealing with any complaint from third parties concerning damage caused as a result of acts or omissions by the EU Mission Commander in the use of the funds provided by those States.
               Under no circumstances shall the Union or the HR be held liable by contributing States as a result of acts or omissions by the EU Mission Commander in the use of the funds provided by those States.
               3.   The PSC shall agree on the acceptance of a financial contribution from third States to the project cell.’.

               (6)

               Article 11 is amended as follows:

                           (a)

                           in paragraph 1, the introductory wording is replaced by ‘The HR shall be authorised to release to the third States associated with this Decision, as appropriate and in accordance with the needs of the Mission, EU classified information generated for the purposes of the Mission, in accordance with Council Decision 2013/488/EU (2):

                           (b)

                           in paragraphs 2 and 3, the words ‘Decision 2011/292/EU’ are replaced by the words ‘Decision 2013/488/EU’.

               (7)

               In Article 12, paragraphs 2 and 3 are replaced by the following:
               ‘2.   The mandate of the EU military mission shall end on 31 December 2016.
               3.   This Decision shall be repealed as from the date of closure of the EU Headquarters, the liaison and support office in Nairobi and the support cell in Brussels, in accordance with the plans approved for the termination of the EU military mission, and without prejudice to the procedures regarding the audit and presentation of the accounts of the EU military mission, laid down in ATHENA.’.
         Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 April 2015.

      Done at Brussels, 16 March 2015.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Decision 2010/96/CFSP of 15 February 2010 on a European Union military mission to contribute to the training of Somali security forces (OJ L 44, 19.2.2010, p. 16).

      (2)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).’;


title: Decision of the European Systemic Risk Board of 25 March 2011 adopting the Code of Conduct of the European Systemic Risk Board (ESRB/2011/3)

text:
               11.5.2011

               EN

               Official Journal of the European Union

               C 140/18

         DECISION OF THE EUROPEAN SYSTEMIC RISK BOARD
   of 25 March 2011
   adopting the Code of Conduct of the European Systemic Risk Board
   (ESRB/2011/3)
   2011/C 140/10
   THE GENERAL BOARD OF THE EUROPEAN SYSTEMIC RISK BOARD,
   Having regard to Regulation (EU) No 1092/2010 of the European Parliament and of the Council of 24 November 2010 on European Union macro-prudential oversight of the financial system and establishing a European Systemic Risk Board (1), and in particular Article 5(8) and Articles 7 and 8 thereof,
   Having regard to Decision ESRB/2011/1 of 20 January 2011 adopting the Rules of Procedure of the European Systemic Risk Board (2), and in particular to Article 26 thereof,
   HAS ADOPTED THIS DECISION:
   Sole Article
   The Code of Conduct of the European Systemic Risk Board
   1.   The Code of Conduct of the European Systemic Risk Board set out in the Annex to this Decision is hereby adopted; it shall form an integral part of this Decision.
   2.   This Decision shall enter into force on the date of its adoption.
   3.   This Decision shall be published in the Official Journal of the European Union and on the ESRB’s website.

      Done in Frankfurt am Main, 25 March 2011.

            The Chair of the ESRB

         Jean-Claude TRICHET

      (1)  OJ L 331, 15.12.2010, p. 1.

      (2)  OJ C 58, 24.2.2011, p. 4.

      ANNEX

         Code of Conduct of the European Systemic Risk Board

                  1.

                  The members of the General Board, the Steering Committee, the Advisory Technical Committee and of the Advisory Scientific Committee (hereinafter jointly referred to as the ‘advisory committees’) of the European Systemic Risk Board (ESRB) shall observe the highest standard of ethical conduct, according to the principles that apply to them under the rules applicable in the institutions from which they are drawn. They are expected to take into account the public character of their function and to conduct themselves in a way that safeguards and promotes the public’s trust in the ESRB. They are expected to act honestly, independently, impartially and solely in the interest of the Union as a whole, with discretion and without regard to self-interest and to avoid any situation liable to give rise to a personal conflict of interests. A conflict of interests arises where the members have private or personal financial or non-financial interests, which may influence or appear to influence the impartial and objective performance of their duties. Private or personal interests of the members mean any potential advantage for themselves, their families, their other relatives or their circle of friends and acquaintances.

                  2.

                  Members of the Advisory Scientific Committee shall also comply with any additional rules of conduct that may be provided for in the letter of their appointment and in their contract with the European Central Bank.

                  3.

                  When making public speeches or statements and in relations with media on ESRB-related matters, members of the General Board, the Steering Committee and the advisory committees shall: (a) make clear whether they are speaking in their own name or on behalf of the ESRB, in which case they shall consult with the ESRB Chair or one of the Vice-Chairs in advance; (b) endeavour to respect the representative role of the Chair; (c) fully respect confidentiality; and (d) have due regard to their role and duties in the ESRB.

                  4.

                  Members of the General Board, the Steering Committee and the advisory committees may undertake teaching and scholarly activities as well as non-profit activities in their personal capacity. In scientific or academic contributions on ESRB-related matters, they shall make clear that the contribution is made in a personal capacity and does not represent the views of the ESRB.

                  5.

                  Professional secrecy requires the non-divulgence of information about ESRB activities and decisions that have not been lawfully disclosed to the public.

                  6.

                  Members of the General Board, the Steering Committee and the advisory committees shall not use non-public information for furthering their own or another’s private interests. In particular, they shall refrain from using such information in any private financial transactions, whether directly or indirectly via third parties or whether conducted at their own risk and for their own account, or at the risk and for the account of a third party.

                  7.

                  Respect of the principle of independence is incompatible with applying for, receiving or accepting from any source any benefits, rewards, remuneration or gifts in excess of a customary amount, whether financial or non-financial, which are connected in any way whatsoever with the function or activity performed for the ESRB.

                  8.

                  Paragraphs 5 to 7 shall continue to apply to Members of the General Board, the Steering Committee and the advisory committees following the termination of their ESRB mandate.

                  9.

                  This Code of Conduct shall also apply to alternates and substitutes of General Board members and to their accompanying persons, to alternates of Steering Committee and Advisory Technical Committee members.


Avis juridique important

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87/300/EEC: Council Decision of 11 December 1986 concerning the provisional application of the Agreement between the European Economic Community and the Polish People's Republic on trade in textile products

Official Journal L 156 , 16/06/1987 P. 0040

COUNCIL DECISION of 11 December 1986 concerning the provisional application of the Agreement between the European Economic Community and the Polish People's Republic on trade in textile products (87/300/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas the Commission has, on behalf of the European Economic Community, negotiated an Agreement with Poland on trade in textile products;  Whereas the said Agreement should be applied provisionally as from 1 January 1987 pending the completion of the procedures necessary for its conclusion, provided that there is a reciprocal provisional application on the part of the contracting country,   HAS DECIDED AS FOLLOWS:    Article 1 The Agreement between the European Economic Community and the Polish People's Republic on trade in textile products shall be applied provisionally as from 1 January 1987 pending its formal conclusion provided that there is a reciprocal provisional application on the part of the contracting country.  The text of the Agreement is attached to this Decision (1).  Article 2 The Commission is invited to inform the contracting country of this Decision and seek its agreement thereto, which will be duly communicated to the Council.   Done at Brussels, 11 December 1986.  For the Council The President K. CLARKE  EWG:L333UMBE14.96 FF: 3UEN;   SETUP: 01;   Hoehe: 348 mm;   39 Zeilen;   1668 Zeichen;  Bediener: MARK   Pr.: A;  Kunde:     (1) For technical reasons this Agreement is published in the Official Journal of the European Communities in the language in which it was negotiated.