title: 2010/670/EU: Commission Decision of 3 November 2010 laying down criteria and measures for the financing of commercial demonstration projects that aim at the environmentally safe capture and geological storage of CO 2 as well as demonstration projects of innovative renewable energy technologies under the scheme for greenhouse gas emission allowance trading within the Community established by Directive 2003/87/EC of the European Parliament and of the Council (notified under document C(2010) 7499)

text:
               6.11.2010

               EN

               Official Journal of the European Union

               L 290/39

         COMMISSION DECISION
   of 3 November 2010
   laying down criteria and measures for the financing of commercial demonstration projects that aim at the environmentally safe capture and geological storage of CO2 as well as demonstration projects of innovative renewable energy technologies under the scheme for greenhouse gas emission allowance trading within the Community established by Directive 2003/87/EC of the European Parliament and of the Council
   (notified under document C(2010) 7499)
   (2010/670/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (1), and in particular the third subparagraph of Article 10a(8) thereof,
   Whereas:

               (1)

               The European Council of June 2008 called on the Commission to bring forward as soon as possible a mechanism to incentivise Member State and private sector investments to ensure the construction and operation by 2015 of up to 12 carbon capture and storage (‘CCS’) demonstration plants.

               (2)

               Article 10a(8) of Directive 2003/87/EC establishes a mechanism for the financing of commercial demonstration projects that aim at the environmentally safe capture and geological storage of CO2 (hereinafter ‘CCS demonstration projects’) and demonstration projects of innovative renewable energy technologies (hereinafter ‘RES demonstration projects’). With a view to ensuring a smooth functioning of this mechanism, it is necessary to lay down both the rules and criteria for the selection and implementation of those projects and the basic principles for the monetisation of allowances and for the management of revenues.

               (3)

               The Commission adopted the Communication entitled ‘Investing in the Development of Low Carbon Technologies’ (2) on 7 October 2009, which emphasises the role of funding under this Decision in implementing the European Strategic Energy Technology Plan (SET-Plan) in respect of the needed demonstration projects.

               (4)

               Funding under this Decision should be conditional on clearance by the Commission of any State aid component of the overall financial contribution from public sources pursuant to Articles 107 and 108 of the Treaty with a view to ensuring that funding is limited to the extent necessary for implementation and operation of the project, taking into account potential negative effects on competition. Member States should therefore notify the Commission of any financing involving State aid pursuant to Article 108(3) of the Treaty to allow coordination of the selection procedure under this Decision with the State aid assessment.

               (5)

               The financing provided under this Decision is not part of the general budget of the European Union. It can therefore be combined with financing from other instruments, including the Structural and Cohesion Funds and the European Energy Programme for Recovery (EEPR). It can also be combined with loan financing provided under the Risk-Sharing Finance Facility (RSFF) set up by the Union and the European Investment Bank (EIB).

               (6)

               In order to avoid a subsidy competition between Member States, financing under this Decision should be fixed at 50 % of the relevant costs, unless the total amount of funding under this Decision would exceed the limit of 15 % of the total available allowances as referred to in Directive 2003/87/EC, in which case funding should be limited to 15 % of the total available allowances. The funding should also be complementary to substantial co-financing by the operator. In order not to give preferential treatment to projects funded under the EEPR, financing under this Decision should be reduced by the amount of financing received from the EEPR.

               (7)

               The establishment of an EU demonstration programme comprising the best possible projects of a wide range of technologies in geographically balanced locations within the territory of Member States, their exclusive economic zones and their continental shelves, cannot be sufficiently achieved if projects are selected on a national level. The selection should therefore take place at Union level. With a view to ensuring coherence with national selection and funding procedures, Member States should be responsible for collecting funding applications from the sponsors and for the evaluation of the projects on the basis of the eligibility criteria laid down in this Decision. Since projects financed under this Decision will in most cases be co-financed by Member States, Member States should have the possibility to decide which of the projects they wish to support, and whose applications they wish to submit to the Union selection process. Submission of these applications is not intended to replace a State aid notification for cases in which the funding contains a State aid component. The role of Member States should be further strengthened by reconsulting the relevant Member States to confirm, where appropriate, the value and structure of the total public funding contribution and by submitting the draft list of selected projects to the Climate Change Committee, including on the quality of projects, before the award decisions are taken.

               (8)

               In light of its expertise in project selection and financing, the Commission has sought to involve the EIB in the implementation of this Decision. The EIB has agreed that, acting on request of, on behalf of and for the account of the Commission, it should perform certain tasks in respect of the project selection, the monetisation of allowances and the management of the revenues. The specific terms and conditions of the cooperation, including remuneration of the EIB, should be laid down in an agreement between the Commission and the EIB, subject to the approval of the decision-making bodies of the EIB. The EIB should be reimbursed for the performance of those tasks from income generated from its management of the revenues.

               (9)

               The available revenues from the 300 million allowances should be awarded through two rounds of calls for proposals to allow, on the one hand, for mature projects to receive financing already in the first round, and on the other hand, to provide for the possibility to adjust any technical or geographical imbalance in the second round. Where there is insufficient competition in a particular subcategory of projects in the first round, award decisions in that subcategory should be postponed to the second round with a view to maximising the use of funds under this Decision.

               (10)

               The financing under this Decision should be reserved for projects which make use of technologies which are innovative in relation to the state-of-the-art in the key substreams for each technology. Those technologies should not yet be commercially available, but sufficiently mature to be ready for demonstration at pre-commercial scale. They should have reasonable prospects of successful demonstration, taking into account that technological risks are inevitable, and the proposed scale of demonstration should be such that no significant additional problems are to be expected from further scaling up. They should also have a high replicability potential, and therefore offer significant prospects for cost-effective CO2 reduction both in the Union and globally. Therefore, only projects which fall into specific categories of projects and which comply with specific requirements set out in this Decision should be eligible for funding.

               (11)

               With a view to ensuring technological diversity, eight CCS demonstration projects should be funded (with at least one and, at most, three projects in each project category, at least three with hydrocarbon reservoir storage, and at least three with saline aquifer storage) in the first round of calls for proposals, and one project should be funded in each of the RES project subcategories in the first round of calls for proposals. If there are sufficient resources, it should be possible to finance more projects while maintaining the balance between CCS and RES demonstration projects. Further, with a view to ensuring geographical balance, at least one and no more than three projects should be funded within any one Member State. The projects which are intended to take place on the territory of several Member States should not be, due to their nature, limited by that criteria.

               (12)

               In principle, projects which satisfy the requirements on project numbers per category in the most cost-effective way should be selected.

               (13)

               With a view to ensuring that the selected projects begin operation as planned and that funds are efficiently used, award decisions should be conditional on the issuing of all relevant national permits in accordance with relevant requirements under Union law and final investment decisions being reached by the sponsors, within a specified period of time upon adoption of the award decisions.

               (14)

               Member States should disburse the revenues to projects on the basis of legally binding instruments. As required by Directive 2003/87/EC, disbursement should take place annually, on the basis of the amount of CO2 stored for CCS demonstration projects as reported, monitored and verified under Directive 2003/87/EC, and on the basis of the amount of energy produced for RES projects. However, where Member States guarantee that any excess funding will be returned, it should be possible to disburse part or all of the funding for a project prior to its entry into operation. In light of the particular importance of knowledge-sharing in the context of a demonstration programme, funds should only be disbursed if knowledge-sharing requirements are met.

               (15)

               The measures provided for in this Decision are in accordance with the opinion of the Climate Change Committee,

         HAS ADOPTED THIS DECISION:
   Article 1
   Subject matter
   This Decision lays down rules and criteria for the following:

               (1)

               the selection of commercial demonstration projects that aim at the environmentally safe capture and geological storage of CO2 (‘CCS demonstration projects’) and demonstration projects of innovative renewable energy technologies (‘RES demonstration projects’) referred to in Directive 2003/87/EC;

               (2)

               the monetisation of the allowances referred to in Directive 2003/87/EC for the support of CCS and RES demonstration projects, and the management of the related revenues;

               (3)

               the disbursement of revenues and the implementation of CCS and RES demonstration projects.

         This Decision, including the provisions in relation to the monetisation of allowances, shall be without prejudice to other implementing acts adopted pursuant to Directive 2003/87/EC.
   Article 2
   Principles
   1.   The number of allowances in the new entrants’ reserve referred to in Article 10a(8) of Directive 2003/87/EC shall be 300 million.
   2.   Selection of CCS and RES demonstration projects for funding under this Decision shall take place through two rounds of calls for proposals organised by the Commission and addressed to Member States, covering the equivalent of 200 million allowances for the first round of call for proposals, and the equivalent of 100 million allowances and the remaining allowances from the first round of calls for proposals for the second round of calls for proposals.
   3.   Subject to the fourth sentence in the fourth subparagraph of Article 10a(8) of Directive 2003/87/EC, financing under this Decision shall be 50 % of the relevant costs. Where the total request for public funding is less than 50 % of the relevant costs, the total request for public funding shall be financed under this Decision.
   However, where financing under this Decision is combined with financing from the European Energy Programme for Recovery (EEPR), the financing under this Decision shall be reduced by the amount of financing received from the EEPR.
   Article 3
   Relevant costs
   1.   For the purposes of Article 2(3), the rules in paragraphs 2 to 5 of this Article shall apply.
   2.   The relevant costs of CCS demonstration projects shall be those investment costs which are borne by the project due to the application of CCS net of the net present value of the best estimate of operating benefits and costs arising due to the application of CCS during the first 10 years of operation.
   3.   Relevant costs of RES demonstration projects shall be those extra investment costs which are borne by the project as a result of the application of an innovative renewable energy technology net of the net present value of the best estimate of operating costs and benefits arising during the first 5 years compared to a conventional production with the same capacity in terms of effective production of energy.
   4.   The investment costs referred to in paragraphs 2 and 3 shall cover the cost of investment in land, plant and equipment.
   Investment costs may also relate to investment in technology transfer and operating licenses of know-how (hereinafter ‘intangible assets’) where the following conditions are fulfilled:

               (a)

               the intangible asset can be considered as a depreciable asset;

               (b)

               the intangible asset is purchased on market terms at the lowest price possible;

               (c)

               the intangible asset remains in the establishment of the recipient for at least 5 years.

         If the intangible asset is sold before the expiry of the 5-year period referred to in point (c) of the second subparagraph, the yield from the sale shall be deducted from the relevant costs.
   5.   The net operating costs and benefits referred to in paragraphs 2 and 3 shall be based on the best estimate of operating expenses borne by the project regarding production costs and take into account any additional benefits resulting from support schemes even if they do not constitute State aid within the meaning of Article 107(1) of the Treaty, avoided costs and existing tax incentive measures.
   Article 4
   Role of the EIB
   The European Investment Bank (EIB) shall perform its tasks under this Decision on request of, on behalf of and for the account of the Commission. The Commission shall be responsible with regard to third parties.
   The EIB shall be reimbursed for the performance of those tasks from income generated from its management of the revenues.
   The Commission and the EIB shall enter into an agreement laying down the specific terms and conditions under which the EIB shall perform its tasks.
   Article 5
   Selection procedure
   1.   The calls for proposals shall be published in the Official Journal of the European Union.
   2.   Member States shall collect funding applications for projects that are intended to take place on their territory.
   However, where a project is intended to take place on the territory of several Member States (hereinafter a ‘transboundary project’), the Member State receiving the funding application shall inform the other Member States concerned thereof and shall cooperate with the other Member States with a view to reaching a common decision on the submission of the project by the Member State receiving the funding application.
   3.   Member States shall assess whether a project meets the eligibility criteria referred to in Article 6. Where this is the case and where the Member State supports the project, that Member State shall submit the proposal to the EIB and inform the Commission thereof.
   When submitting proposals for funding, the Member State shall provide the following information for each project:

               (a)

               the relevant costs, in euro, referred to in Article 2(3);

               (b)

               the total request for public funding in euro, which is the relevant costs minus any contribution to those costs from the operator;

               (c)

               the best estimate of the net present value of additional benefits resulting from support schemes as calculated according to Article 3(5);

               (d)

               for CCS demonstration projects, the total projected amount of CO2 stored in the first 10 years of operation, or, for RES demonstration projects, the total projected amount of energy produced in the first 5 years of operation.

         Member States shall also notify the Commission of any financing for the project involving State aid pursuant to Article 108(3) of the Treaty so as to allow coordination of the selection procedure with the State aid assessment.
   4.   On the basis of the proposals submitted pursuant to paragraph 3 of this Article, the EIB shall perform an assessment of the financial and technical viability (financial and technical due diligence) of the project in accordance with Article 7.
   Where that assessment has been concluded positively, the EIB shall, in accordance with Article 8, make recommendations for award decisions to the Commission.
   5.   On the basis of the recommendations referred to in paragraph 4, after reconsulting the Member States concerned to confirm, where appropriate, the value and structure of the total public funding contribution, and following an opinion from the Climate Change Committee pursuant to Article 3 of Council Decision 1999/468/EC (3), the Commission shall adopt award decisions addressed to the relevant Member States, indicating the awarded funding for the projects concerned in euro.
   Article 6
   Eligibility criteria
   1.   A project shall be eligible for funding where the following criteria are fulfilled:

               (a)

               the project must fall into one of the categories set out in Part A of Annex I;

               (b)

               the project must comply with the requirements set out in Part B of Annex I;

               (c)

               the projects listed in Part A.II of Annex I must be innovative in nature. Existing, proven technologies are ineligible.

         2.   Where a Member State is not in a position to submit proposals for projects falling under any of the subcategories specified in Part A.II of Annex I which meet the relevant thresholds to the EIB pursuant to Article 5(3), proposals for projects below the relevant thresholds for any of the subcategories concerned may be submitted by this Member State and shall be considered eligible for the award of financing by way of derogation from paragraph 1.
   Article 7
   Financial and technical due diligence
   The EIB shall perform the due diligence assessment of any proposed project in accordance with specifications laid down in the calls for proposals referred to in Article 5(1) and shall cover at least the following aspects:

               (1)

               technical scope;

               (2)

               costs;

               (3)

               financing;

               (4)

               implementation;

               (5)

               operation;

               (6)

               environmental impact;

               (7)

               procurement procedures.

         Article 8
   Project selection
   1.   Eight projects falling under Part A.I of Annex I and one project in each project subcategory specified in Part A.II of Annex I shall be funded.
   However, where resources allow, further projects may be funded while maintaining the balance between CCS and RES demonstration projects.
   Where no more than two proposals are submitted in a given subcategory, the Commission shall assess the possible impact of the limited number of proposals on the competition for selection under this Decision, and may, where appropriate, decide to postpone award decisions in the relevant subcategory to the second round of calls for proposals.
   2.   Projects shall be ranked in order of increasing cost-per-unit performance. CCS demonstration projects shall be ranked as a single group. RES demonstration projects shall be ranked within each of the subcategories specified in Part A.II of Annex I.
   For the purposes of the first subparagraph, cost-per-unit performance shall be calculated as the sum of the amounts specified in Article 5(3)(b) and (c), divided by the total projected amount of CO2 stored in the first 10 years of operation for CCS demonstration projects, or, the total projected amount of energy produced in the first 5 years of operation for the RES demonstration projects.
   Where the relevant Member States confirm, pursuant to Article 5(5), that there is a sufficient public funding for CCS demonstration projects, the highest ranked projects shall be selected in order of their ranking, provided all the following criteria are met:

               (a)

               at least one project and at most three projects are selected in each project category;

               (b)

               at least three projects with hydrocarbon reservoir storage are selected;

               (c)

               at least three projects with saline aquifer storage are selected.

         Where those criteria are not met, the project under consideration for selection shall not be selected, and the next highest ranked project shall be considered for selection. The procedure shall be repeated until eight projects are selected.
   Where the relevant Member States confirm, pursuant to Article 5(5), that there is a sufficient public funding for RES demonstration projects, the highest ranked project in each subcategory shall be selected. Where, in either of the rounds for calls for proposals there are no eligible and financially and technically viable projects in one or more project subcategories, a corresponding number of additional projects shall be funded in other subcategories of the same project category. Details shall be specified in the call for proposals pursuant to Article 5(1).
   The selected CCS demonstration projects shall collectively constitute ‘the CCS group’ and the selected RES demonstration projects shall collectively constitute ‘the RES group’.
   3.   By way of derogation from paragraph 1, where the total request for funding under this Decision is higher than the available funds, the number of selected projects shall be reduced so that the request for funding is reduced in the same proportion in each of the groups referred to in the third and fifth subparagraphs of paragraph 2.
   For each of the groups, the project representing the highest cost-per-unit performance shall be deselected first, the project representing the highest cost-per-unit performance in another category shall be deselected next. The procedure shall be repeated until the requested funding is covered by the available funds.
   4.   Subject to the availability of proposals submitted to the EIB pursuant to Article 5(3) and recommended by the EIB for award decisions to the Commission pursuant to Article 5(4), at least one and no more than three projects shall be funded within one Member State.
   However, the first subparagraph shall not apply to transboundary projects.
   Article 9
   Award decisions
   Award decisions shall be conditional upon all relevant national permits in accordance with relevant requirements under Union law being issued, approval by the Commission of any State aid in respect of a project being granted, and final investment decisions being reached by the sponsors, within 24 months of adoption of the award decisions.
   With regard to CCS demonstration projects, with saline aquifer storage, award decisions shall be conditional upon all relevant national permits in accordance with relevant requirements under Union law being issued, approval by the Commission of any State aid in respect of a project being granted, and final investment decisions being reached by the sponsors, within 36 months of adoption of the award decisions.
   Award decisions shall cease to have legal effect where the conditions referred to in the first or second paragraph are not met.
   Article 10
   Monetisation of allowances and management of revenues
   1.   For the purposes of monetisation of allowances and management of revenues, the Commission shall act on behalf of Member States.
   2.   The Member States and the Commission shall ensure that the 300 million allowances referred to in Article 2(1) shall be transferred to the EIB for monetisation and management of the revenues.
   3.   The EIB shall sell the allowances for the first round of calls for proposals before the award decisions are adopted by the Commission for each round of calls for proposals referred to in Article 5(1).
   The EIB shall manage the revenues and shall pass them to Member States as required for disbursement pursuant to Article 11.
   Article 11
   Disbursement of revenues and use of non-disbursed revenues
   1.   Member States shall disburse the revenues to project sponsors on the basis of legally binding instruments which shall set out at least the following:

               (a)

               the project and the awarded funding in euro;

               (b)

               the date of entry into operation;

               (c)

               the requirements for knowledge-sharing pursuant to Article 12;

               (d)

               requirements regarding disbursement of the revenues pursuant to paragraphs 2 to 6 of this Article;

               (e)

               requirements for reporting pursuant to Article 13;

               (f)

               the information on conditions of applicability of the decision referred to in Article 9.

         For the first round of calls for proposals referred to in Article 5(1), the date of entry into operation referred to in point (b) of the first subparagraph of this paragraph shall be 31 December 2015 at the latest except where the respective award decision is adopted after 31 December 2011, in which case the date of entry into operation shall be no later than 4 years from the date of the award decision.
   2.   Disbursement shall take place annually. The disbursed amount shall be, for CCS demonstration projects, the amount of CO2 stored in the relevant year as monitored, reported and verified pursuant to Articles 14 and 15 of Directive 2003/87/EC multiplied by the funding rate, and for RES demonstration projects, the amount of energy produced multiplied by the funding rate.
   The funding rate shall be calculated by dividing the awarded funding by 75 % of the projected total amount of stored CO2 in the first 10 years of operation in case of CCS demonstration projects, or 75 % of the projected total amount of energy produced in the first 5 years of operation in the case of RES demonstration projects.
   3.   Disbursement for a given year shall take place only where the knowledge-sharing requirements are met for that year.
   4.   Disbursement shall be limited to a period of 10 years from the date referred to in paragraph (1)(b) in the case of CCS demonstration projects, and to a period of 5 years from that date in the case of RES demonstration projects. The total funds disbursed shall not exceed the awarded funding referred to in paragraph 1(a).
   5.   Where the Member State concerned guarantees that any funding which exceeds the funding determined pursuant to paragraphs 2, 3, and 4 will be returned to the EIB, part or all of the funding for a project may be disbursed prior to the entry into operation of that project in accordance with specifications set out in the award decision.
   6.   Without prejudice to the second paragraph of Article 4, revenues which are not disbursed to projects and income generated from the management of revenues shall be used to co-finance further demonstration projects under this Decision until 31 December 2015.
   Member States shall return revenues which are not disbursed to the EIB.
   After 31 December 2015, any remaining funds shall accrue to the Member States. At the end of disbursement, these funds shall be passed on to the Member States in accordance with the principles laid down in Article 10a(7) of Directive 2003/87/EC.
   Article 12
   Knowledge-sharing
   Member States shall ensure that all project operators, consortium members, suppliers and subcontractors who receive substantial benefit regarding the development of their product or service from the public finance provided, share the information on the elements set out in Annex II with other project operators, public authorities, research institutes, non-governmental organisations and the public in accordance with the further specifications set out in the calls for proposals referred to in Article 5(1).
   Information shall be shared on an annual basis and shall comprise all information generated and processed in a given year.
   Article 13
   Reporting by Member States
   During the periods referred to in Article 11(4), Member States shall, by 31 December of each year, submit reports on the implementation of the projects to the Commission.
   Those reports shall include at least the following information for each project:

               (1)

               the amount of CO2 stored or clean energy produced;

               (2)

               the funds disbursed;

               (3)

               any significant problems with project implementation.

         Article 14
   Reporting by the Commission
   After completion of the first round of calls for proposals, the Commission shall report to the Climate Change Committee on the implementation of that round of calls for proposals, indicating whether any amendment to this Decision is necessary with the view to ensuring geographical and technical balance in the second round of calls for proposals.
   Article 15
   Addressees
   This Decision is addressed to the Member States.

      Done at Brussels, 3 November 2010.

            For the Commission

         Connie HEDEGAARD

            Member of the Commission

      (1)  OJ L 275, 25.10.2003, p. 32.

      (2)  COM(2009) 519 final.

      (3)  OJ L 184, 17.7.1999, p. 23.

      ANNEX I

         ELIGIBILITY CRITERIA

      A.   PROJECT CATEGORIES
      I.   CCS demonstration project categories (with minimum capacity thresholds
          (1)
         )

                  —

                  power generation: pre-combustion 250 MW,

                  —

                  power generation: post-combustion 250 MW,

                  —

                  power generation: oxyfuel 250 MW,

                  —

                  industrial applications implementing: (a) CCS on refineries with 500 kilotonnes per year (kt/y) stored CO2 from one or more sources within the refinery; (b) CCS application to cement kiln with 500 kt/y stored CO2; (c) CCS application for primary production routes in iron and steel production with 500 kt/y stored CO2; or (d) CCS application for primary production routes in aluminium production with 500 kt/y stored CO2.

            II.   Innovative RES demonstration project categories (with minimum size thresholds)

                  —

                  Bioenergy – project subcategories:

                              —

                              Lignocellulose to intermediate solid, liquid or slurry bioenergy carriers via pyrolysis with capacity 40 kt/y of the final product.

                              —

                              Lignocellulose to intermediate solid, liquid or slurry bioenergy carriers via torrefaction with capacity 40 kt/y of the final product.

                              —

                              Lignocellulose to Synthetic Natural Gas or synthesis gas and/or to power via gasification with capacity 40 million normal cubic metres per year (MNm3/y) of the final product or 100 GWh/y of electricity.

                              —

                              Lignocellulose to biofuels or bioliquids and/or to power including via directly heated gasification with capacity 15 million litres per year (Ml/y) of the final product or 100 GWh/y of electricity. Production of Synthetic Natural Gas is excluded under this subcategory.

                              —

                              Lignocellulosic raw material, such as black liquor and/or products from pyrolysis or torrefaction, via entrained flow gasification to any biofuels with capacity 40 Ml/y of the final product.

                              —

                              Lignocellulose to electricity with 48 % efficiency based on lower heating value (50 % moisture) with capacity 40 MWe or higher.

                              —

                              Lignocellulose to ethanol and higher alcohols via chemical and biological processes with capacity 40 Ml/y of the final product.

                              —

                              Lignocellulose and/or household waste to biogas, biofuels or bioliquids via chemical and biological processes with capacity 6 MNm3/y of Methane or 10 Ml/y of the final product.

                              —

                              Algae and/or micro-organisms to biofuels or bioliquids via biological and/or chemical processes with capacity 40 Ml/y of the final product.

                     Note: sustainability criteria as provided in Directive 2009/28/EC of the European Parliament and of the Council (2) on the promotion of the use of energy from renewable sources shall be met for biofuels and bioliquids within the meaning of that Directive.

                  —

                  Concentrated solar power – project subcategories:

                              —

                              Parabolic trough or Fresnel system using molten salts or other environmentally-benign heat transfer fluid with nominal capacity 30 MW.

                              —

                              Parabolic trough or Fresnel system based on Direct Steam Generation with nominal capacity 30 MW. Direct steam solar temperature to be above 500 °C.

                              —

                              Tower system using superheated steam cycle (either multi-tower or combination liner collectors – tower) with nominal capacity 50 MW.

                              —

                              Tower system using pressurised air with temperature above 750 °C and solar hybrid gas turbine with nominal capacity 30 MW.

                              —

                              Large-scale Stirling dish power plants with solar to electric efficiency of over 20 % and nominal capacity of at least 25 MW.

                     Note: Dry cooling, hybridisation and (advanced) heat storage solution may be included in the demonstration plants.

                  —

                  Photovoltaics – project subcategories:

                              —

                              Large-scale concentrator photovoltaics power plants with nominal capacity 20 MW.

                              —

                              Large-scale multi-junction Si-thin-film photovoltaics power plants with nominal capacity 40 MW.

                              —

                              Large-scale Copper indium gallium (di)selenide (CIGS)-based photovoltaics power plants with nominal capacity 40 MW.

                  —

                  Geothermal – project subcategories:

                              —

                              Enhanced geothermal systems in tensional stress fields with nominal capacity 5 MWe.

                              —

                              Enhanced geothermal systems in compressional stress fields with nominal capacity 5 MWe.

                              —

                              Enhanced geothermal systems in areas with deep compact sedimentary and granite rocks and other crystalline structures with nominal capacity 5 MWe.

                              —

                              Enhanced geothermal systems in deep limestone with nominal capacity 5 MWe.

                     Note: Combined Heat and Power (CHP) applications with the same electricity thresholds are equally eligible.

                  —

                  Wind – project subcategories:

                              —

                              Off-shore wind (minimum turbines size 6 MW) with nominal capacity 40 MW.

                              —

                              Off-shore wind (minimum turbines size 8 MW) with nominal capacity 40 MW.

                              —

                              Off-shore wind (minimum turbines size 10 MW) with nominal capacity 40 MW.

                              —

                              Floating off-shore wind systems with nominal capacity 25 MW.

                              —

                              On-shore wind turbines optimised for complex terrains (such as forested terrains or mountainous areas): with nominal capacity 25 MW.

                              —

                              On-shore wind turbines optimised for cold climates (compatible with temperature lower than – 30 °C and severe icing conditions) with nominal capacity 25 MW.

                  —

                  Ocean – project subcategories:

                              —

                              Wave energy devices with nominal capacity 5 MW.

                              —

                              Marine/tidal currents energy devices with nominal capacity 5 MW.

                              —

                              Ocean thermal energy conversion (OTEC) with nominal capacity 10 MW.

                  —

                  Hydropower – project subcategories:

                              —

                              Power generation with High Temperature Superconducting Generators: 20 MW.

                  —

                  Distributed Renewable Management (smart grids) – project subcategories:

                              —

                              Renewable energy management and optimisation for small and medium-scale Distributed Generators in rural environment with predominant solar generation: 20 MW on Low Voltage (LV) network + 50 MW on Medium Voltage (MV) network.

                              —

                              Renewable energy management and optimisation for small and medium-scale Distributed Generators in rural environment with predominant wind generation: 20 MW on LV network + 50 MW on MV network.

                              —

                              Renewable energy management and optimisation for small and medium-scale Distributed Generators in urban environment: 20 MW on LV network + 50 MW on MV network.

                     Note: The use of active loads (electric heaters/heat pumps etc.) shall not be excluded.

            B.   PROJECT REQUIREMENTS
      I.   Common requirements

                  —

                  The capacity thresholds laid down in Part A must be met.

                  —

                  With regard to the first round of calls for proposals, projects must demonstrate a reasonable expectation of entry into operation by 31 December 2015 on the basis of the adoption of the respective award decision by 31 December 2011.

                  —

                  All relevant national permits for the project must be in place and in line with relevant requirements under Union legislation or the relevant permit procedures under way and sufficiently advanced to ensure start-up of commercial operation could take place by 31 December 2015 for the first round on the basis of the adoption of the respective award decision by 31 December 2011.

                  —

                  The project operator has to make a binding commitment to knowledge-sharing pursuant to the requirements laid down in Article 12.

                  —

                  Projects shall be located in the territories of the Member States, their exclusive economic zones and their continental shelves.

            II.   CCS demonstration projects

                  —

                  Each project has to implement the full chain (capture, transport and storage).

                  —

                  Each demonstration project must implement heat integration for the capture component of the process.

                  —

                  The capture rate has to be at least 85 % of CO2 from the flue gases to which capture is applied.

                  —

                  Each project has to contain an independent research block related to safety of storage sites and improvement of monitoring technologies especially in the field of brine migration, its possible pathways and impacts.

         (1)  CCS power thresholds are expressed as gross electrical output before capture.

         (2)  OJ L 140, 5.6.2009, p. 16.

      ANNEX II

         KNOWLEDGE-SHARING REQUIREMENTS

      A.   Technical set-up and performance

                  —

                  reliability,

                  —

                  CO2 captured,

                  —

                  performance at different levels, including differences between expected and real performance,

                  —

                  increase in fuel demand; electricity, heat and cooling demand,

                  —

                  key inputs and outputs and design,

                  —

                  future identified Research and Development issues,

            B.   Cost level

                  —

                  capital and operating costs,

                  —

                  totals and costs per unit performance (tonne CO2 stored, clean MWh produced),

            C.   Project management

                  —

                  legislation/permitting,

                  —

                  stakeholder management, including interaction with Governments,

                  —

                  planning,

                  —

                  project organisation,

            D.   Environmental impact

                  —

                  effectiveness: reduction of CO2 emissions per unit energy,

                  —

                  other environmental impacts at undisturbed operation,

            E.   Health and safety

                  —

                  incidents and near misses occurred (disturbed operation),

                  —

                  monitoring and resolution systems to track safety,

                  —

                  health issues in undisturbed operation,

            F.   CCS storage site performance

                  —

                  models and simulations (development CO2 plume – pressure front),

                  —

                  history match results and adjustments (assessment to be made: normal within a deviation range or significant irregularity that needs action),

                  —

                  behaviour of displaced brine through CO2 injection.


Avis juridique important

|

32001D0424(01)

Decision of the European Parliament, of the Council and of the Commission of 4 April 2001 appointing a member of the Supervisory Committee of the European Anti-fraud Office (OLAF)

Official Journal C 120 , 24/04/2001 P. 0001 - 0002

Decision of the European Parliament, of the Council and of the Commissionof 4 April 2001appointing a member of the Supervisory Committee of the European Anti-fraud Office (OLAF)(2001/C 120/01)THE EUROPEAN PARLIAMENT,THE COUNCIL OF THE EUROPEAN UNION,THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to the Treaty establishing the European Atomic Energy Community,Having regard to Commission Decision 1999/352/EC, ECSC, Euratom of 28 April 1999 establishing the European Anti-fraud Office (OLAF)(1), and in particular Article 4 thereof,Having regard to Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-fraud Office (OLAF)(2), and in particular Article 11(2) thereof,Having regard to Council Regulation (Euratom) No 1074/1999 of 25 May 1999 concerning investigations conducted by the European Anti-fraud Office (OLAF)(3), and in particular Article 11(2) thereof,Whereas:(1) Article 11(2) of Regulations (EC) No 1073/1999 and (Euratom) No 1074/1999 provide that the Supervisory Committee of the European European Anti-fraud Office (OLAF) is to be composed of five independent outside persons who possess the qualifications required for appointment in their respective countries to senior posts relating to the office's areas of activity.(2) The five persons were appointed for a period three years as from 1 August 1999 by Decision of the European Parliament, of the Council and of the Commission of 19 July 1999(4).(3) Mr José Narciso da Cunha Rodrigues having resigned as member of the Supervisory Committee following his appointment as Judge at the Court of Justice of the European Communities, his successor should be appointed for the remainder of the term of office,HAVE DECIDED AS FOLLOWS.Article 1Mr Alfredo José de Sousa is hereby appointed member of the Supervisory Committee of the European Anti-fraud Office (OLAF) until 31 July 2002.Article 2The Commission shall inform the person concerned of this Decision, which shall take effect on the date of notification.Article 3This Decision shall be published in the Official Journal of the European Communities.Done at Brussel on 4 April 2001.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentB. RosengrenFor the CommissionThe PresidentR. Prodi(1) OJ L 136, 31.5.1999, p. 20.(2) OJ L 136, 31.5.1999, p. 1.(3) OJ L 136, 31.5.1999, p. 8.(4) OJ C 220, 31.7.1999, p. 1.


title: 2012/517/EU: Council Decision of 24 September 2012 appointing an Italian alternate member of the Committee of the Regions

text:
               26.9.2012

               EN

               Official Journal of the European Union

               L 258/29

         COUNCIL DECISION
   of 24 September 2012
   appointing an Italian alternate member of the Committee of the Regions
   (2012/517/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Italian Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               An alternate member’s seat has become vacant following the end of the term of office of Mr Angelo ZUBBANI,

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

               —

               Mr Leoluca ORLANDO, Sindaco del Comune di Palermo.

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

      Done at Brussels, 24 September 2012.

            For the Council

            The President

         A. D. MAVROYIANNIS

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

      (2)  OJ L 12, 19.1.2010, p. 11.


title: 2008/777/EC: Council Decision of 22 July 2008 on the signing and provisional application of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

text:
               8.10.2008

               EN

               Official Journal of the European Union

               L 267/23

         COUNCIL DECISION
   of 22 July 2008
   on the signing and provisional application of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
   (2008/777/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the third sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, in conjunction with the second sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the Treaty of Accession of the Republic of Bulgaria and Romania, and in particular Article 4(3) thereof,
   Having regard to the Act of Accession of the Republic of Bulgaria and Romania, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 23 October 2006, the Council authorised the Commission, on behalf of the Community and its Member States, to negotiate with the Republic of Kazakhstan a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union.

               (2)

               Subject to its possible conclusion at a later date, the Protocol should be signed on behalf of the European Communities and their Member States.

               (3)

               The Protocol should be applied on a provisional basis from 1 January 2007, pending completion of the relevant procedures for its formal conclusion,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Communities and their Member States, the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union, subject to possible conclusion at a later stage.
   The text of the Protocol is attached to this Decision.
   Article 2
   Pending its entry into force, the Protocol shall be applied on a provisional basis from 1 January 2007.

      Done at Brussels, 22 July 2008.

            For the Council

            The President

         B. KOUCHNER

    ---documentbreak---

               8.10.2008

               EN

               Official Journal of the European Union

               L 267/25

         PROTOCOL
   to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
   THE KINGDOM OF BELGIUM,
   THE REPUBLIC OF BULGARIA,
   THE CZECH REPUBLIC,
   THE KINGDOM OF DENMARK,
   THE FEDERAL REPUBLIC OF GERMANY,
   THE REPUBLIC OF ESTONIA,
   THE HELLENIC REPUBLIC,
   THE KINGDOM OF SPAIN,
   THE FRENCH REPUBLIC,
   IRELAND,
   THE ITALIAN REPUBLIC,
   THE REPUBLIC OF CYPRUS,
   THE REPUBLIC OF LATVIA,
   THE REPUBLIC OF LITHUANIA,
   THE GRAND DUCHY OF LUXEMBOURG,
   THE REPUBLIC OF HUNGARY,
   THE REPUBLIC OF MALTA,
   THE KINGDOM OF THE NETHERLANDS,
   THE REPUBLIC OF AUSTRIA,
   THE REPUBLIC OF POLAND,
   THE PORTUGUESE REPUBLIC,
   ROMANIA,
   THE REPUBLIC OF SLOVENIA,
   THE SLOVAK REPUBLIC,
   THE REPUBLIC OF FINLAND,
   THE KINGDOM OF SWEDEN,
   THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
   hereinafter referred to as the ‘Member States’, represented by the Council of the European Union, and
   THE EUROPEAN COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY,
   hereinafter referred to as ‘the Communities’, represented by the Council of the European Union and the European Commission,
   of the one part, and
   THE REPUBLIC OF KAZAKHSTAN,
   of the other part,
   hereinafter referred to as ‘Parties’ for the purposes of this Protocol,
   HAVING REGARD TO the provisions of the Treaty between the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Republic of Bulgaria and Romania concerning the accession of the Republic of Bulgaria and Romania to the European Union, which was signed in Luxembourg on 25 April 2005 and is applied from 1 January 2007,
   CONSIDERING the new situation in relations between the Republic of Kazakhstan and the European Union arising from the accession to the EU of two new Member States, which opens opportunities and brings about challenges for the cooperation between the Republic of Kazakhstan and the European Union,
   TAKING INTO ACCOUNT the desire of the Parties to ensure the attainment and implementation of the objectives and principles of the PCA,
   HAVE AGREED AS FOLLOWS:
   Article 1
   The Republic of Bulgaria and Romania shall be Parties to the Partnership and Cooperation Agreement, establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part, signed in Brussels on 23 January 1995 and entered into force on 1 July 1999 (hereinafter the Agreement) and shall respectively adopt and take note, in the same manner, as the other Member States, of the texts of the Agreement, as well as of the Joint Declarations, Exchanges of Letters, and Declaration by the Republic of Kazakhstan annexed to the Final Act signed on the same date and the Protocol to the Agreement of 30 April 2004, which entered into force on 1 June 2006.
   Article 2
   This Protocol shall form an integral part of the Agreement.
   Article 3
   1.   This Protocol shall be approved by the Communities, by the Council of the European Union on behalf of the Member States and by the Republic of Kazakhstan in accordance with their own procedures.
   2.   The Parties shall notify each other of the completion of the corresponding procedures referred to in the preceding paragraph. The instruments of approval shall be deposited with the General Secretariat of the Council of the European Union.
   Article 4
   1.   This Protocol shall enter into force on the first day of the first month following the date of the deposit of the last instrument of approval.
   2.   Pending the date of its entry into force, this Protocol shall apply provisionally with effect from 1 January 2007.
   Article 5
   1.   The texts of the Agreement, the Final Act and all documents annexed to it, as well as the Protocol to the Agreement of 30 April 2004, are drawn up in the Bulgarian and Romanian languages.
   2.   They are annexed to this Protocol and are equally authentic with the texts in the other languages in which the Agreement, the Final Act and the documents annexed to it, as well as the Protocol to the Agreement of 30 April 2004, are drawn up.
   Article 6
   This Protocol is drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovene, Slovak, Spanish, Swedish and Kazakh languages, each of these texts being equally authentic.

      Съставено в Брюксел на шестнадесети ceптeмври две хиляди и осма година.
      Hecho en Bruselas, el dieciseis de septiembre de dos mil ocho.
      V Bruselu dne šestnáctého září dva tisíce osm.
      Udfærdiget i Bruxelles den sekstende september to tusind og otte.
      Geschehen zu Brüssel am sechzehnten September zweitausendacht.
      Kahe tuhande kaheksanda aasta septembrikuu kuueteistkümnendal päeval Brüsselis.
      'Εγινε στις Βρυξέλλες, στις δέκα έξι Σεπτεμβρίου δύο χιλιάδες οκτώ.
      Done at Brussels on the sixteenth day of September in the year two thousand and eight.
      Fait à Bruxelles, le seize septembre deux mille huit.
      Fatto a Bruxelles, addì sedici settembre duemilaotto.
      Briselē, divtūkstoš astotā gada sešpadsmitajā septembrī.
      Priimta du tūkstančiai aštuntų metų rugsėjo šešioliktą dieną Briuselyje.
      Kelt Brüsszelben, a kétezer-nyolcadik év szeptember havának tizenhatodik napján.
      Magħmul fi Brussell, fis-sittax-il jum ta’ Settembru tas-sena elfejn u tmienja.
      Gedaan te Brussel, de zestiende september tweeduizend acht.
      Sporządzono w Brukseli dnia szesnastego września roku dwa tysiące ósmego.
      Feito em Bruxelas, em dezasseis de Setembro de dois mil e oito.
      Întocmit la Bruxelles, la șaisprezece septembrie două mii opt.
      V Bruseli šestnásteho septembra dvetisícosem.
      V Bruslju, dne šestnajstega septembra leta dva tisoč osem.
      Tehty Brysselissä kuudentenatoista päivänä syyskuuta vuonna kaksituhattakahdeksan.
      Som skedde i Bryssel den sextonde september tjugohundraåtta.

      Совершено в городе Брюсселе шестнадцатого сентября две тысячи и восьмого года.

         За дьржавите-членки
         Por los Estados miembros
         Za členské státy
         For medlemsstaterne
         Für die Mitgliedstaaten
         Liikmesriikide nimel
         Για τα κράτη μέλη
         For the Member States
         Pour les États membres
         Per gli Stati membri
         Dalīvalstu vārdā
         Valstybių narių vardu
         A tagállamok részéről
         Għall-Istati Membri
         Voor de lidstaten
         W imieniu Państw Członkowskich
         Pelos Estados-Membros
         Pentru statele membre
         Za členské štáty
         Za države članice
         Jäsenvaltioiden puolesta
         På medlemsstaternas vägnar

         За государства-члены

         За Европейската общност
         Por las Comunidades Europeas
         Za Evropská společenství
         For De Europæiske Fællesskaber
         Für die Europäischen Gemeinschaften
         Euroopa ühenduste nimel
         Για τις Ευρωπαϊκές Κοινότητες
         For the European Communities
         Pour les Communautés européennes
         Per le Comunità europee
         Eiropas Kopienu vārdā
         Europos Bendrijų vardu
         Az Európai Közösségek részéről
         Għall-Komunitajiet Ewropej
         Voor de Europese Gemeenschappen
         W imieniu Wspólnot Europejskich
         Pelas Comunidades Europeias
         Pentru Comunitatea Europenă
         Za Európske spoločenstvá
         Za Evropske skupnosti
         Euroopan yhteisöjen puolesta
         På Europeiska gemenskapernas vägnar

         За Европейские Сообщества

         За Република Казахстан
         Por la República de Kazajstán
         Za Kazašskou republiku
         For Republikken Kasachstan
         Für die Republik Kasachstan
         Kasahstani Vabariigi nimel
         Για τη Δημοκρατία του Καζακστάν
         For the Republic of Kazakhstan
         Pour la République du Kazakhstan
         Per la Repubblica del Kazakistan
         Kazahstānas Republikas vārdā
         Kazachstano Respublikos vardu
         A Kazah Köztársaság részéről
         Għar-Repubblika tal-Każakstan
         Voor de Republiek Kazachstan
         W imieniu Republiki Kazachstanu
         Pela República do Cazaquistão
         Pentru Republica Kazahstan
         Za Kazašskú republiku
         Za Republiko Kazahstan
         Kazakstanin tasavallan puolesta
         På Republiken Kazakstans vägnar

         Зa Република Казахстан


Avis juridique important

|

31989D0434

89/434/EEC: Council Decision of 3 May 1989 on the conclusion of the Third Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community

Official Journal L 206 , 18/07/1989 P. 0010 - 0010

COUNCIL DECISION of 3 May 1989 on the conclusion of the Third Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway consequent on the accession of the Kingdom of Spain and the Portuguese Republic to  the Community (89/434/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 a total suspension by the Kingdom of Norway of duties on imports from Spain would facilitate trade between the two countries;  Whereas the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway (1) consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community, signed in Brussels on 14 May 1973  does not make provision for the Kingdom of Norway to suspend customs duties on goods imported from Spain;  Whereas it is therefore necessary to approve a Third Additional Protocol to the abovementioned Agreement in order to provide for the total suspension of duties on products covered by that Agreement imported into Norway from Spain,  HAS DECIDED AS FOLLOWS:    Article 1 The Third Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community is hereby approved on behalf of the Community.  The text of the Protocol is attached to this Decision.  Article 2 The President of the Council shall give the notification provided for in Article 3 of the Protocol (2).  Article 3 This Decision shall take effect on the day following its publication in the Official Journal of the European Communities.   Done at Brussels, 3 May 1989.  For the Council The President P. SOLBES   (1) OJ No L 171, 27. 6. 1973, p. 2. (2) The date of entry into force of the Protocol will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


Avis juridique important

|

32003D0384

2003/384/EC: Council Decision of 19 May 2003 on the signing, on behalf of the European Community, and provisional application of the Agreement in the form of an Exchange of Letters concerning the extension of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast for the period 1 January 2003 to 31 December 2003

Official Journal L 133 , 29/05/2003 P. 0083 - 0084

Council Decisionof 19 May 2003on the signing, on behalf of the European Community, and provisional application of the Agreement in the form of an Exchange of Letters concerning the extension of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast for the period 1 January 2003 to 31 December 2003(2003/384/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 37 in conjunction with Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) The European Community and the Republic of Guinea have held negotiations to determine the amendments or additions to be made to the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast(1) at the end of the period of application of the Protocol annexed to the said Agreement.(2) During these negotiations, the two parties decided to extend the current Protocol(2) for a second one-year period from 1 January 2003 to 31 December 2003 by means of an Agreement in the form of an Exchange of Letters, pending the conclusion of the negotiations on the amendments to be made to the Protocol.(3) Under this Exchange of Letters, Community fishermen have fishing opportunities in the waters under the sovereignty or jurisdiction of the Republic of Guinea for the period 1 January 2003 to 31 December 2003.(4) The extension must be applied at the earliest opportunity in order to avoid fishing activities by Community vessels being interrupted. The Agreement in the form of an Exchange of Letters should therefore be signed, pending a definitive decision under Article 37 of the Treaty, and applied provisionally.(5) The method of allocating the fishing opportunities for trawlers and tuna boats among the Member States under the Protocol that is due to expire should be confirmed,HAS DECIDED AS FOLLOWS:Article 1The signature of the Agreement in the form of an Exchange of Letters concerning the extension of the Protocol setting out the fishing opportunities and financial contribution provided for in the Agreement between the European Economic Community and the Government of the Republic of Guinea on fishing off the Guinean coast for the period 1 January 2003 to 31 December 2003 is hereby approved on behalf of the Community, pending the Council decision on conclusion of the Agreement.The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.Article 2The Agreement referred to in Article 1 shall apply provisionally in the Community with effect from 1 January 2003.Article 3The fishing opportunities for trawlers and tuna boats fixed in Article 1 of the Protocol shall be allocated pro rata temporis among the Member States as follows:>TABLE>If licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may take into consideration licence applications from any other Member State.Article 4The Member States whose vessels fish under the Agreement in the form of an Exchange of Letters shall notify the Commission of the quantities of each stock caught within the Guinean fishing zone in accordance with the implementing rules laid down by Commission Regulation (EC) No 500/2001(3).Article 5The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in the form of an Exchange of Letters on behalf of the Community, subject to its conclusion.Article 6This Decision shall take effect on the date of its publication in the Official Journal of the European Union.Done at Brussels, 19 May 2003.For the CouncilThe PresidentA.-A. Tsochatzopoulos(1) OJ L 111, 27.4.1983, p. 1.(2) The current Protocol was approved by Regulation (EC) No 445/2001 (OJ L 64, 6.3.2001, p. 3) extended by one year by Regulation (EC) No 924/2002 (OJ L 144, 1.6.2002, p. 3).(3) OJ L 73, 15.3.2001, p. 8.


title: 2008/849/EC: Commission Decision of 6 November 2008 concerning the financial contribution by the Community, for the year 2009, towards actions of the OIE in the area of animal identification and traceability

text:
               12.11.2008

               EN

               Official Journal of the European Union

               L 301/22

      COMMISSION DECISION

   of 6 November 2008
   concerning the financial contribution by the Community, for the year 2009, towards actions of the OIE in the area of animal identification and traceability
   (2008/849/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Article 20 thereof,
   Whereas:

               (1)

               Pursuant to Decision 90/424/EEC, the Community may undertake, or assist the Member States or international organisations in undertaking the technical and scientific measures necessary for the development of Community veterinary legislation and for the development of veterinary education or training.

               (2)

               The World Organisation for Animal Health (OIE) is the intergovernmental organisation responsible for improving animal health worldwide and for setting standards for international trade of animals and their products. The OIE is currently developing guidelines on animal identification and traceability. When adopted, these guidelines will be an international reference standard according to the WTO agreement on Sanitary and Phytosanitary Measures (SPS). They will be the basis for any relevant legislation implemented by the OIE member countries including the EU Member States. Therefore, they will have a direct and considerable impact on the development of Community veterinary legislation. Considering the importance of trade in animals and animal products it is important for the EU to have the future OIE standards as close as possible to the current and future Community legislation.

               (3)

               The Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the regions on a new Animal Health Strategy for the EU (2007 to 2013) describes traceability as one of the main tools of the new animal health strategy. In this context it is appropriate to actively promote Community standards at international level.

               (4)

               The OIE is planning a Conference on Animal Identification and Traceability aiming at supporting the worldwide implementation of international standards for identification and traceability. This conference will have a considerable influence on the further development of international standards for animal identification and traceability. It is therefore appropriate to make a Community financial contribution to the OIE conference.

               (5)

               The OIE has a de facto monopoly in its sector, as mentioned in Article 168(1)(c) of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 (2) laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities; hence a call for proposals is not required.

               (6)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS DECIDED AS FOLLOWS:
   Article 1
   A Community financial contribution, for the financing of the OIE Conference on Animal Identification and Traceability, organised by the OIE in 2009, of EUR 150 000 constituting a Community co-financing of at maximum 33 % of the total eligible costs is approved.
   Article 2
   The financial contribution provided for in Article 1 shall be financed through the budget line 17 04 02 01 of the budget of the European Communities for 2009.
   A grant agreement for the financial contributions provided for in Article 1 will be awarded to the OIE without a call for proposals as the OIE is the intergovernmental organisation for improving animal health worldwide and got a de facto monopoly.

      Done at Brussels, 6 November 2008.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 224, 18.8.1990, p. 19.

      (2)  OJ L 357, 31.12.2002, p. 1.


Avis juridique important

|

31987D0329

87/329/EEC: Commission Decision of 29 April 1987 on the guidelines for the management of the European Social Fund in the financial years 1988 to 1990

Official Journal L 167 , 26/06/1987 P. 0056 - 0060

*****COMMISSION  DECISION  of 29 April 1987  on the guidelines for the management of the European Social Fund in the financial years 1988 to 1990  (87/329/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Decision 83/516/EEC of 17 October 1983 on the tasks of the European Social Fund (1), modified by Decision 85/568/EEC (2), and in particular Article 6 thereof,  Having regard to the opinion of the Committee of the European Social Fund,  Whereas the Commission adopts, before 1 May of each year and for the three following financial years, the Fund management guidelines for determining those operations which reflect Community priorities as defined by the Council, and in particular the action programmes in the area of employment and vocational training;  Whereas the Member States have been consulted and the European Parliament has expressed its views in the resolution of 13 March 1987 (3),  HAS DECIDED:  Sole Article  The guidelines for the management of the European Social Fund for 1988 to 1990 are annexed to the present Decision.  Done at Brussels, 29 April 1987.  For the Commission  Manuel MARÍN  Vice-President  (1) OJ No L 289, 22. 10. 1983, p. 38.  (2) OJ No L 370, 31. 12. 1985, p. 40.  (3) OJ No C 99, 13. 4. 1987, p. 195.  ANNEX  1.2 // 1.   // General   // 1.1.   // Fund assistance will be concentrated on operations to further employment in:  // 1.1.1.   // the absolute priority regions as defined in Article 7 (3) of Council Decision 83/516/EEC;   // 1.1.2.  // areas of industrial and sectoral restructuring as at 31 December 1987 made up of zones assisted from the non-quota section of the European Regional Development Fund or assisted under Article 56 of the ECSC Treaty (see attached guide list);  // 1.1.3.   // areas of high and long-term unemployment drawn up by reference to unemployment rates and per capita gross domestic product (see attached list).   // 1.2.   // Priority operations limited to the absolute priority regions are indicated by the letters 'AR'; those limited to these regions and the regions in the attached list are marked 'R'; priority operations without regional limitation are marked 'N'.  // 1.3.   // Persons unemployed for more than 12 months are considered to be long-term unemployed.   // 1.4.   // Priority will be given to vocational training operations which:  // 1.4.1.   // equip trainees with the skills required for one or more specific types of job;   // 1.4.2.   // have a minimum duration of 200 hours apart from whatever phases of preparatory training may be included;   // 1.4.3.   // include 40 hours devoted to training broadly related to new technologies, which are counted in the calculation of the minimum duration of training; this will not apply to operations for the mentally disabled;   // 1.4.4.   // in the case of operations intended to further employment in Greece and Portugal, the minimum duration laid down in 1.4.2 shall be reduced to 100 hours and the requirement related to new technologies in 1.4.3 shall not apply.   // 1.5.   // As far as operations of the apprenticeship type are concerned, only theoretical training is priority, and this only in the regions of absolute priority, or elsewhere where the employment of handicapped persons or members of the families of migrant workers is concerned.  // 1.6.   // Assistance for the salary costs of public agents who are to be instructors or development agents cannot be priority.   // 1.7.   // Applications will be approved by budget item. Where appropriations are insuffient to cover priority operations, a linear reduction will be applied, calculated in proportion to the financial volume of remaining applications by each Member State. Where appropriations are sufficient to finance priority applications, this reduction is applied to non-priority applications. In the application of the reduction, preference will be given to:   // 1.7.1.  // operations forming part of an integrated programme involving assistance from two or more Community financial instruments, in particular Integrated Mediterranean Programmes (N);   // 1.7.2.   // operations of vocational training leading directly to specific jobs in enterprises employing less than 500 persons and linked with the application of new technology which is the subject of Community programmes of Research and Development (N);   // 1.7.3.   // operations particularly dependent on Fund assistance for their implementation (N).  // 1.8.   // Decisions on applications for assistance will be consistent with Community policies and will take account of compliance with Community rules.   // 1.9.   // When implementing the guidelines, the Commission shall take account of the economic and social situation of Portugal.   // 2.  // Priority operations for young people under 25   // 2.1.  // Vocational training for persons under 18 years of at least 800 hours duration including work experience of at least 200 hours but not exceeding 400 hours and offering substantial prospects of employment (R); for operations intended to further employment in Greece and Portugal, the minimum work experience required shall be 100 hours.   // 2.2.   // Vocational training for persons whose qualifications have through experience proved to be inadequate or inappropriate preparing them for skilled jobs requiring the use of new technology (N) or in occupations offering substantial prospects of employment (AR). The requirement for new technology shall not apply in 1988 for Spain.   // 2.3.   // Recruitment to or setting up of additional jobs of indeterminate duration (R) or placement in additional jobs of at least six months duration which fulfil a public need (AR).  // 2.4.   // Vocational training through employment initiatives taken by local groups, with the assistance, as appropriate, of local or regional authorities, and in the context of a local expansion of employment opportunities (N).  // 3.   // Priority operations for persons over 25   // 3.1.  // Vocational training for staff undertakings with fewer than 500 employees requiring retraining with a view to the introduction of new technology or improvement of management techniques (R); by derogation from 1.4.2 a minimum duration of 100 hours will be required.   // 3.2.   // Recruitment or setting up of the long-term unemployed to additional jobs of indeterminate duration or placement in additional jobs of at least six months duration which fulfil a public need (AR).  // 3.3.   // Vocational training through employment initiatives taken by local groups, with the assistance, as appropriate, of local or regional authorities, and in the context of a local expansion of employment opportunities (R).  // 4.   // Priority operations which have no age requirements  // 4.1.   // Operations forming part of an integrated programme involving assistance from two or more Community financial instruments (N).   // 4.2.   // Operations carried out jointly by bodies in two or more Member States (N).  // 4.3.   // Vocational training linked to operations to restructure industrial undertakings because of technological modernization or fundamental changes in demand in the sector concerned; the restructuring must substantially affect the skills requirements and affect at least 15 % of the workforce within a period of two years. The training may relate to workers being retrained for continued employment in the undertaking, or those becoming redundant and needing jobs elsewhere (R). Priority will be given outside the priority regions where the restructuring affects the vocational skills requirements of at least 25 % of the workforce and is located in an area of particularly high unemployment or where the public authorities have introduced exceptional measures to support vocational training or job creation (N).   // 4.4.  // Operations of vocational training leading directly to specific jobs in enterprises employing fewer than 500 persons and linked with the application of new technology which is the subject of Community programmes of Research and Development (N).   // 4.5.   // Vocational training of the long-term unemployed geared to their needs and including motivation and guidance and offering substantial prospects of employment (R).  // 4.6.   // Vocational training, recruitment to or setting up of additional jobs for women in occupations in which they are under-represented (N).   // 4.7.   // Operations for migrant workers and members of their families:   // 4.7.1.   // to assist their integration into the host country with vocational training combined with language training (N); for persons over 25 years, this training is limited to the three years following immigration;   // 4.7.2.   // to maintain knowledge of the mother-tongue and provide vocational training combined, if necessary, with refresher language courses when they wish to return to the labour market of their country of origin, this applying solely to nationals of Member States (N).   // 4.8.  // Operations for disabled people capable of working in the open labour market (R),   // 4.9.   // Vocational training of at least 400 hours duration for persons with a minimum of three years work experience for employment as instructors or development agents (for the promotion of local initiatives) (AR).   // 5.   // Specific innovatory operations   //  // Innovatory operations limited to 100 persons which represent a potential basis for future Fund assistance in the framework of the labour market policies of the Member States. These should test new approaches to content, methods or organization of operations eligible for Fund assistance (N). The limitation of 100 persons will not apply to operations coming within Integrated Mediterranean Programmes.  LIST OF AREAS OF HIGH AND LONG-TERM UNEMPLOYMENT AND/OR INDUSTRIAL AND SECTORAL RESTRUCTURING  BELGIQUE/BELGIË  Arrondissements/arrondissementen: Aalst, Arlon, Ath, Bastogne, Brussel/Bruxelles, Charleroi, Dinant, Hasselt, Huy, Liège, Maaseik, Marche-en-Famenne, Mons, Mouscron, Namur, Neufchâteau, Nivelles, Oudenaarde, Philippeville, Soignies, Thuin, Tongeren, Tournai, Verviers, Virton, Waremme.  DANMARK  Amtskommunerne: Bornholm, Frederiksborg.  Thyboroen-Harbooere, Thyholm, Lemvig, Ulborg-Vemb, Ringkoebing, Holmsland, Skjern, Egvad (Ringkoebing Amtskommune), Hanstholm, Thisted, Sydthy, Morsoe, Sallingsund, Sundsoere (Viborg Amtskommune); Gundsoe, Roskilde, Lejre, Bramsnaes (Roskilde Amtskommune); Kommuner nord for Limfjorden, naar bortses fra AAlborg Kommune (Nordjylland Amtskommune).  DEUTSCHLAND  Laender: Berlin, Saarland.  Arbeitsmarktregionen: Aachen, Ahaus, Amberg, Bochum, Braunschweig-Salzgitter, Bremen, Bremerhaven, Cuxhaven, Dortmund-Luedinghausen, Duisburg, Essen, Fulda, Gelsenkirchen, Hagen, Luebeck-Ostholstein, Muelheim, Oberhausen, Osnabrueck, Recklinghausen, Schwandorf, Siegen, Steinfurt, Wesel-Moers.  Gebietsteile der Arbeitsmarktregion Bayreuth, die im Rahmen der Gemeinschaftsaufgabe »Verbesserung der regionalen Wirtschaftsstruktur" Foerdergebiete sind, und die Gebietsteile von Rheinland-Pfalz, die an das Saarland angrenzen (1).  ESPAÑA  Comunidades Autónomas/provincias: Álava, Alicante, Asturias, Baleares, Barcelona, Cantabria, Castellón de la Plana, Gerona, Guipúzcoa, Huesca, Lérida, Madrid, Navarra, Rioja, Tarragona, Teruel, Valencia, Vizcaya, Zaragoza.  FRANCE  Départements: Allier, Ardennes, Ariège, Aude, Bouches-du-Rhône, Calvados, Cantal, Charente, Charente-Maritime, Corrèze, Corse du Sud, Haute-Corse, Côtes-du-Nord, Creuse, Dordogne, Finistère, Gard, Gironde, Hérault, Indre-et-Loire, Loire, Haute-Loire, Loire-Atlantique, Manche, Marne, Meurthe-et-Moselle, Morbihan, Moselle, Nord, Pas-de-Calais, Pyrénées-Atlantiques, Hautes-Pyrénées, Pyrénées-Orientales, Haute-Saône, Sarthe, Seine-Maritime, Tarn, Tarn-et-Garonne, Var, Vaucluse, Vosges.  Les cantons du Catelet et de Bohain-en-Vermandois dans l'Aisne; les zones aidées dans l'Ardèche et la Somme et les zones aidées limitrophes aux Vosges dans le Bas-Rhin et le Haut-Rhin (2); dans la Meuse, est du fleuve Meuse; les arrondissements d'Autun et de Charolles dans la Saône-et-Loire; l'arrondissement d'Albertville dans la Savoie.  ITALIA  Province: Alessandria, Ancona, Brescia, Ferrara, Forlì, Genova, Gorizia, Grosseto, La Spezia, Livorno, Lucca, Massa-Carrara, Pavia, Perugia, Pesaro e Urbino, Piacenza, Pisa, Pistoia, Pordenone, Ravenna, Rieti, Roma, Rovigo, Savona, Siena, Terni, Torino, Trieste, Valle d'Aosta, Venezia, Viterbo.  Zone assistite nelle province di Arezzo, Como, Treviso, Vercelli (3); Milano (eccetto il Centro ma compresa la periferia industriale).  LUXEMBOURG  NEDERLAND  Gebieden vastgesteld door de Commissie voor de Regionale Ontwikkelingsprogrammering: agglomeratie Haarlem, Alkmaar en omgeving, Arnhem/Nijmegen, IJmond, Kop van Noord-Holland, Oost-Groningen, Twente, Zaanstreek, Zuid-Limburg.  In Zuidoost-Noord-Brabant de textielzone Helmond.  UNITED KINGDOM  Counties/local authority areas: Central, Cleveland, Clwyd, Cornwall, Durham, Fife, Gwent, Gwynedd, Highlands, Humberside, Isle of Wight, Lothian, Merseyside, Mid Glamorgan, Northumberland, Nottingshamshire, South Glamorgan, South Yorkshire, Staffordshire, Strathclyde, Tayside, Tyne and Wear, West Glamorgan, West Midlands.  Travel-to-work-areas: Part of Wrexham in Cheshire; Workington in Cumbria; part of Sheffield in Derbyshire; Llanelli in Dyfed; Ashton-Under-Lyme, Bolton, Bury, Leigh, Oldham, Rochdale and Wigan in Greater Manchester; Accrington, Blackburn, Burnley, Lancaster, Nelson, Rossendale and Blackpool in Lancashire; Coalville in Leicestershire; parts of Grimsby, of Hull and of Scunthorpe in Lincolnshire; Corby in Northamptonshire; Bradford, Castleford, Dewsbury, Halifax, Huddersfield, Leeds, Keighley, Todmorden and Wakefield in West Yorkshire.  (1) Dreizehnter Rahmenplan der Gemeinschaftsaufgabe »Verbesserung der regionalen Wirtschaftsstruktur", Deutscher Bundestag, Drucksache 10/1279 vom 11. 4. 1984, S. 150.  (2) Décret 82/379 du 6 mai 1982 relatif à la prime d'aménagement du territoire, Journal officiel de la République française du 7. 5. 1982, p. 1294.  (3) - Comitato interministeriale per il coordinamento della politica industriale, deliberazione del 27. 3. 1980, Gazzetta ufficiale della Repubblica italiana n. 104 del 16. 4. 1980, pag. 3386 - 3390.  - Decreto n. 902 del 9. 11. 1976, Gazzetta ufficiale della Repubblica italiana dell'11. 1. 1977;  - Decreto del 16. 5. 1986, Gazzetta ufficiale della Repubblica italiana del 14. 7. 1986.