title: 2009/149/EC: Council Decision of 27 November 2008 on the signing of the Agreement between the European Community and the Republic of Armenia on certain aspects of air services

text:
               21.2.2009

               EN

               Official Journal of the European Union

               L 50/21

         COUNCIL DECISION
   of 27 November 2008
   on the signing of the Agreement between the European Community and the Republic of Armenia on certain aspects of air services
   (2009/149/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with Article 300(2), first sentence of the first subparagraph thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               The Commission has negotiated on behalf of the Community an Agreement with the Republic of Armenia on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (3)

               Subject to its possible conclusion at a later date, the Agreement negotiated by the Commission should be signed,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and the Republic of Armenia on certain aspects of air services, hereinafter ‘the Agreement’, is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community subject to its conclusion.
   Article 3
   The President of the Council is hereby authorised to make the notification provided for in Article 9(1) of the Agreement.

      Done at Brussels, 27 November 2008.

            For the Council

            The President

         L. CHATEL

    ---documentbreak---

               21.2.2009

               EN

               Official Journal of the European Union

               L 50/22

         AGREEMENT
   between the European Community and the Republic of Armenia on certain aspects of air services
   THE EUROPEAN COMMUNITY,
   of the one part, and
   THE REPUBLIC OF ARMENIA,
   of the other part,
   (hereinafter referred to as the Parties)
   NOTING that bilateral air service agreements have been concluded between several Member States of the European Community and the Republic of Armenia containing provisions contrary to Community law,
   NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries,
   NOTING that under European Community law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the European Community and third countries,
   HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law,
   RECOGNISING that certain provisions of the bilateral air service agreements between Member States of the European Community and the Republic of Armenia, which are contrary to European Community law, must be brought into conformity with it in order to establish a sound legal basis for air services between the European Community and the Republic of Armenia and to preserve the continuity of such air services,
   NOTING that under European Community law air carriers may not, in principle, conclude agreements which may affect trade between Member States of the European Community and which have as their object or effect the prevention, restriction or distortion of competition,
   RECOGNISING that provisions in bilateral air service agreements concluded between Member States of the European Community and the Republic of Armenia which (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers on the relevant routes; or (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to air carriers or other private economic operators the responsibility for taking measures that prevent, distort or restrict competition between air carriers on the relevant routes may render ineffective the competition rules applicable to undertakings,
   NOTING that it is not a purpose of this Agreement to increase the total volume of air traffic between the European Community and the Republic of Armenia, to affect the balance between Community air carriers and air carriers of the Republic of Armenia, or to make amendments to the provisions of existing bilateral air service agreements concerning traffic rights,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community.
   2.   References in each of the Agreements listed in Annex I to nationals of the Member State that is a party to that Agreement shall be understood as referring to nationals of the Member States of the European Community.
   3.   References in each of the Agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that Agreement shall be understood as referring to air carriers or airlines designated by that Member State.
   Article 2
   Designation by a Member State
   1.   The provisions in paragraphs 2 and 3 of this Article shall supersede the corresponding provisions in the articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by the Republic of Armenia, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   On receipt of a designation by a Member State, the Republic of Armenia shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (i)

               the air carrier is established, under the Treaty establishing the European Community, in the territory of the designating Member State and has a valid Operating Licence in accordance with European Community law;

               (ii)

               effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its Air Operators Certificate and the relevant aeronautical authority is clearly identified in the designation; and

               (iii)

               the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex III and/or nationals of such other states.

         3.   The Republic of Armenia may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:

               (i)

               the air carrier is not established, under the Treaty establishing the European Community, in the territory of the designating Member State or does not have a valid Operating Licence in accordance with European Community law;

               (ii)

               effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its Air Operators Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or

               (iii)

               the air carrier is not owned, directly or through majority ownership, or it is not effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex III and/or nationals of such other states.

         In exercising its right under this paragraph, the Republic of Armenia shall not discriminate between Community air carriers on the grounds of nationality.
   Article 3
   Safety
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the articles listed in Annex II(c).
   2.   Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of the Republic of Armenia under the safety provisions of the Agreement between the Member State that has designated the air carrier and the Republic of Armenia shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.
   Article 4
   Taxation of aviation fuel
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the articles listed in Annex II(d).
   2.   Notwithstanding any other provision to the contrary, nothing in each of the Agreements listed in Annex II(d) shall prevent a Member State from imposing, on a non-discriminatory basis, taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of the Republic of Armenia that operates between a point in the territory of that Member State and another point in the territory of that Member State or in the territory of another Member State.
   Article 5
   Tariffs for carriage within the European Community
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the Articles listed in Annex II(e).
   2.   The tariffs to be charged by the air carrier(s) designated by the Republic of Armenia under an Agreement listed in Annex I containing a provision listed in Annex II(e) for carriage wholly within the European Community shall be subject to European Community law.
   Article 6
   Compatibility with competition rules
   1.   Notwithstanding any other provision to the contrary, nothing in each of the Agreements listed in Annex I shall:

               (i)

               require or favour the adoption of agreements between air services undertakings, decisions by associations of undertakings or concerted practices that prevent or distort competition;

               (ii)

               reinforce the effects of any such agreement, decision or concerted practice; or

               (iii)

               delegate to private economic operators the responsibility for taking measures that prevent, distort or restrict competition.

         2.   The provisions contained in the Agreements listed in Annex I that are incompatible with paragraph 1 of this Article shall not be applied.
   Article 7
   Annexes to the Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 8
   Revision or amendment
   The Parties may, at any time, revise or amend this Agreement by mutual consent. Such amendments shall be made in the form of separate protocols, which, upon their entry into force according to the provisions prescribed in Article 9 of this Agreement, shall constitute an integral part of this Agreement.
   Article 9
   Entry into force
   1.   The Parties shall notify each other in writing that their respective internal procedures necessary for its entry into force have been completed. This Agreement shall enter into force on the date of receipt of the last notification.
   2.   Agreements and other arrangements between Member States and the Republic of Armenia which, at the date of signature of this Agreement, have not yet entered into force and are not being applied are included in Annex I. This Agreement shall apply to all such Agreements and arrangements upon their entry into force.
   Article 10
   Termination
   1.   In the event that an Agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the Agreement listed in Annex I concerned shall terminate at the same time.
   2.   In the event that all Agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.

      IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
      Done at Brussels in duplicate, on this ninth day of December in the year two thousand and eight in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and Armenian languages.

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

         За Република Армения
         Por la República de Armenia
         Za Arménskou republiku
         For Republikken Armenien
         Für die Republik Armenien
         Armeenia Vabariigi nimel
         Για τη Δημοκρατία της Αρμενίας
         For the Republic of Armenia
         Pour la République d'Arménie
         Per la Repubblica d'Armenia
         Armēnijas Republikas vārdā
         Armenijos Respublikos vardu
         Az Örmény Köztársaság részéről
         Għar-Repubblika ta' l-Armenja
         Voor de Republiek Armenië
         W imieniu Republiki Armenii
         Pela República da Arménia
         Pentru Republica Armenia
         Za Arménsku republiku
         Za Republiko Armenijo
         Armenian tasavallan puolesta
         För Republiken Armenien

   ANNEX I
   List of Agreements referred to in Article 1 of this Agreement
   Air service Agreements between the Republic of Armenia and Member States of the European Community:

               —

               Agreement between the Government of Austria and the Government of the Republic of Armenia relating to Air Services initialled at Vienna on 25 August 1993, hereinafter referred to as the ‘Armenia-Austria Agreement’ in Annex II,

               —

               Agreement between the Government of Belgium and the Government of the Republic of Armenia relating to Air Services signed at Brussels on 7 June 2001, hereinafter referred to as the ‘Armenia-Belgium Agreement’ in Annex II,

               —

               Agreement between the Government of the Republic of Bulgaria and the Government of the Republic of Armenia relating to Air Services signed at Sofia on 10 April 1995, hereinafter referred to as the ‘Armenia-Bulgaria Agreement’ in Annex II,

               —

               Agreement between the Government of the Republic of Cyprus and the Government of the Republic of Armenia relating to Air Services signed at Yerevan on 11 September 1998, hereinafter referred to as the ‘Armenia-Cyprus Agreement’ in Annex II,

               —

               Air Transport Agreement between the Government of the Czech Republic and the Government of the Republic of Armenia initialled at Prague on 8 February 2002, hereinafter referred to as the ‘Armenia-Czech Republic Agreement’ in Annex II,

               —

               Agreement between the Government of the Kingdom of Denmark and the Government of the Republic of Armenia relating to Air Services signed at Stockholm on 25 October 2000, hereinafter referred to as the ‘Armenia-Denmark Agreement’ in Annex II,

               —

               Agreement between the Government of the Republic of Estonia and the Government of the Republic of Armenia relating to Air Services signed at Tallinn on 17 March 2000, hereinafter referred to as the ‘Armenia-Estonia Agreement’ in Annex II,

               —

               Agreement between the Government of the French Republic and the Government of the Republic of Armenia relating to Air Services initialled at Paris on 12 February 2002, hereinafter referred to as the ‘Armenia-France Agreement’ in Annex II,

               —

               Air Transport Agreement between the Government of the Federal Republic of Germany and the Government of the Republic of Armenia signed at Bonn on 4 May 1998, hereinafter referred to as the ‘Armenia-Germany Agreement’ in Annex II,

               —

               Agreement between the Government of the Hellenic Republic and the Government of the Republic of Armenia relating to Air Services signed at Athens on 16 December 1994, hereinafter referred to as the ‘Armenia-Greece Agreement’ in Annex II,

               —

               Agreement between the Government of the Italian Republic and the Government of the Republic of Armenia relating to Air Services signed at Yerevan on 18 July 2002, hereinafter referred to as the ‘Armenia-Italy Agreement’ in Annex II,

               —

               Agreement between the Government of the Grand Duchy of Luxembourg and the Government of the Republic of Armenia relating to Air Services initialled at Luxembourg on 21 November 2000, hereinafter referred to as the ‘Armenia-Luxembourg Agreement’ in Annex II,

               —

               Agreement between the Government of the Kingdom of the Netherlands and the Government of the Republic of Armenia relating to Air Services signed at Yerevan on 26 November 1999, hereinafter referred to as the ‘Armenia-Netherlands Agreement’ in Annex II,

               —

               Agreement between the Government of the Republic of Poland and the Government of the Republic of Armenia concerning civil air transport signed at Warsaw on 27 January 1998, hereinafter referred to as the ‘Armenia-Poland Agreement’ in Annex II,

               —

               Agreement between the Government of Romania and the Government of the Republic of Armenia concerning Air Services signed at Yerevan on 25 March 1996, hereinafter referred to as the ‘Armenia-Romania Agreement’ in Annex II,

               —

               Agreement between the Government of the Kingdom of Sweden and the Government of the Republic of Armenia relating to Air Services signed at Stockholm on 25 October 2000, hereinafter referred to as the ‘Armenia-Sweden Agreement’ in Annex II,

               —

               Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Armenia relating to Air Services signed at London on 9 February 1994, hereinafter referred to as the ‘Armenia-United Kingdom Agreement’ in Annex II,

         last modified by Memorandum of Understanding done at Yerevan on 19 June 1998.
   ANNEX II
   List of Articles in the Agreements listed in Annex I and referred to in Articles 2 to 5 of this Agreement

               (a)

               Designation by a Member State

                           —

                           Article 3 of the Armenia-Austria Agreement,

                           —

                           Article 4 of the Armenia-Belgium Agreement,

                           —

                           Article 3 of the Armenia-Bulgaria Agreement,

                           —

                           Article 4 of the Armenia-Cyprus Agreement,

                           —

                           Article 3 of the Armenia-Czech Republic Agreement,

                           —

                           Article 3 of the Armenia-Denmark Agreement,

                           —

                           Article 3 of the Armenia-Estonia Agreement,

                           —

                           Article 3 of the Armenia-France Agreement,

                           —

                           Article 3 of the Armenia-Germany Agreement,

                           —

                           Article 3 of the Armenia-Greece Agreement,

                           —

                           Article 4 of the Armenia-Italy Agreement,

                           —

                           Article 3 of the Armenia-Luxembourg Agreement,

                           —

                           Article 4 of the Armenia-Netherlands Agreement,

                           —

                           Article 3 of the Armenia-Poland Agreement,

                           —

                           Article 3 of the Armenia-Romania Agreement,

                           —

                           Article 3 of the Armenia-Sweden Agreement,

                           —

                           Article 4 of the Armenia-United Kingdom Agreement,

               (b)

               Refusal, revocation, suspension or limitation of authorisations or permissions

                           —

                           Article 4 of the Armenia-Austria Agreement,

                           —

                           Article 5 of the Armenia-Belgium Agreement,

                           —

                           Article 4 of the Armenia-Bulgaria Agreement,

                           —

                           Article 5 of the Armenia-Cyprus Agreement,

                           —

                           Article 4 of the Armenia-Czech Republic Agreement,

                           —

                           Article 4 of the Armenia-Denmark Agreement,

                           —

                           Article 4 of the Armenia-Estonia Agreement,

                           —

                           Article 4 of the Armenia-France Agreement,

                           —

                           Article 4 of the Armenia-Germany Agreement,

                           —

                           Article 4 of the Armenia-Greece Agreement,

                           —

                           Article 5 of the Armenia-Italy Agreement,

                           —

                           Article 4 of the Armenia-Luxembourg Agreement,

                           —

                           Article 5 of the Armenia-Netherlands Agreement,

                           —

                           Article 4 of the Armenia-Poland Agreement,

                           —

                           Article 4 of the Armenia-Romania Agreement,

                           —

                           Article 4 of the Armenia-Sweden Agreement,

                           —

                           Article 5 of the Armenia-United Kingdom Agreement,

               (c)

               Safety

                           —

                           Article 8 of the Armenia-Czech Republic Agreement,

                           —

                           Article 14 of the Armenia-Denmark Agreement,

                           —

                           Article 12 of the Armenia-Estonia Agreement,

                           —

                           Article 8 of the Armenia-France Agreement,

                           —

                           Article 12 of the Armenia-Germany Agreement,

                           —

                           Article 10 of the Armenia-Italy Agreement,

                           —

                           Article 6 of the Armenia-Luxembourg Agreement,

                           —

                           Article 14 of the Armenia-Sweden Agreement,

                           —

                           Article 9a of the Armenia-United Kingdom Agreement,

               (d)

               Taxation of aviation fuel

                           —

                           Article 7 of the Armenia-Austria Agreement,

                           —

                           Article 10 of the Armenia-Belgium Agreement,

                           —

                           Article 7 of the Armenia-Bulgaria Agreement,

                           —

                           Article 7 of the Armenia-Cyprus Agreement,

                           —

                           Article 9 of the Armenia-Czech Republic Agreement,

                           —

                           Article 6 of the Armenia-Denmark Agreement,

                           —

                           Article 6 of the Armenia-Estonia Agreement,

                           —

                           Article 10 of the Armenia-France Agreement,

                           —

                           Article 6 of the Armenia-Germany Agreement,

                           —

                           Article 9 of the Armenia-Greece Agreement,

                           —

                           Article 6 of the Armenia-Italy Agreement,

                           —

                           Article 8 of the Armenia-Luxembourg Agreement,

                           —

                           Article 10 of the Armenia-Netherlands Agreement,

                           —

                           Article 6 of the Armenia-Poland Agreement,

                           —

                           Article 9 of the Armenia-Romania Agreement,

                           —

                           Article 6 of the Armenia-Sweden Agreement,

                           —

                           Article 8 of the Armenia-United Kingdom Agreement,

               (e)

               Tariffs for carriage within the European Community

                           —

                           Article 11 of the Armenia-Austria Agreement,

                           —

                           Article 13 of the Armenia-Belgium Agreement,

                           —

                           Article 9 of the Armenia-Bulgaria Agreement,

                           —

                           Article 14 of the Armenia-Cyprus Agreement,

                           —

                           Article 13 of the Armenia-Czech Republic Agreement,

                           —

                           Article 10 of the Armenia-Denmark Agreement,

                           —

                           Article 10 of the Armenia-Estonia Agreement,

                           —

                           Article 14 of the Armenia-France Agreement,

                           —

                           Article 10 of the Armenia-Germany Agreement,

                           —

                           Article 12 of the Armenia-Greece Agreement,

                           —

                           Article 8 of the Armenia-Italy Agreement,

                           —

                           Article 10 of the Armenia-Luxembourg Agreement,

                           —

                           Article 6 of the Armenia-Netherlands Agreement,

                           —

                           Article 10 of the Armenia-Poland Agreement,

                           —

                           Article 8 of the Armenia-Romania Agreement,

                           —

                           Article 10 of the Armenia-Sweden Agreement,

                           —

                           Article 7 of the Armenia-United Kingdom Agreement.

         ANNEX III
   List of other States referred to in Article 2 of this Agreement

               (a)

               The Republic of Iceland (under the Agreement on the European Economic Area);

               (b)

               The Principality of Liechtenstein (under the Agreement on the European Economic Area);

               (c)

               The Kingdom of Norway (under the Agreement on the European Economic Area);

               (d)

               The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).


title: Council Decision of 18 March 1975 adopting an initial three-year Community plan of action in the field of scientific and technical information and documentation

text:
 No L 100/18                          Official Journal of the European Communities                                   21 . 4. 75
                                                   COUNCIL DECISION
                                                     of 18 March 1975
               adopting an initial three-year Community plan of action in the field of scientific and
                                         technical information and documentation
                                                        (75/200/EEC)
 THE COUNCIL OF THE EUROPEAN COMMUNITIES,                         Whereas the Treaty has not provided for the
                                                                  necessary powers ;
 Having regard to the Treaty establishing the
 European Economic Community, and in particular                   Whereas, on 14 January 1974, the Council adopted a
 Article 235 thereof;                                             resolution (*)     concerning an initial            outline
                                                                 programme of the European Communities in the
 Having     regard    to   the     proposal     from    the       field of science and technology,
 Commission ;
                                                                  HAS DECIDED AS FOLLOWS :
 Having regard to the Opinion of the European
 Parliament (1);                                                                            Article 1
 Having regard to the Opinion of the Economic and                An initial Community plan of action in the field of
 Social Committee (2);                                           scientific      and     technical       information      and
                                                                  documentation as contained in the Annex is hereby
 Noting the report by the Scientific and Technical                adopted to take effect for three years ,as from 1
 Information      and     Documentation         Committee
                                                                 January 1975 .
 (STIDC) and the Opinion of the Scientific and
                                                                                Article 2
 Technical Research Committee ( CREST);
 Whereas on 24 June 1971 the resolution of the                   The Commission shall implement the plan of action,
 Council and of the representatives of the Member                assisted by the Scientific and Technical Information
 States (3) meeting in the Council was adopted with a             and Documentation Committee (STIDC), and shall
view to coordinating the action of the Member                    keep the Committee - and the Scientific and Technical
States regarding scientific and technical information            Research Committee (CREST) regularly informed of
 and documentation (STID );                                      progress. The Commission shall also submit each
                                                                 year to the Council and the European Parliament a
Whereas the Heads of State or of Government,                     full report on the subject which will be taken up in
meeting in Paris on 19 and 20 October 1972,                      the general report.
expressed their determination to define the objectives                                     Article 3
and to ensure the development of a common policy
in the field of science and technology ;                         The expenditure necessary for the implementation of
                                                                 the plan of action in 1975 shall be indicated in the
Whereas, under Article 2 of the Treaty, the                      Annex.
Community shall have as one of its tasks to promote                                        Article 4
 throughout the          Community        a harmonious
development of economic activities and continuous                The Commission shall decide on the particulars of
and balanced expansion ;                                         the activities to be carried out under the plan of
                                                                 action in 1976 and 1977 after consultation with
Whereas the proliferation of information systems                 STIDC and CREST.
and their rapid but disparate progress through
competition between multiple public and private                  On this basis, the Commission shall determine the
ventures make the establishment of the European                  estimates of expenditure for 1976 and 1977 under
information and documentation network envisaged                  budgetary procedure.
in the resolution of 24 June 1971 a matter of
urgency ;                                                        Done at Brussels, 18 March 1975 .
Whereas the establishment of this network is likely
to make an effective contribution to the achievement                                           For the Council
of the abovementioned objectives of the Treaty;                                                  The President
                                                                                R. RYAN
(*) OJ No C 32, 11 . 2. 1975, p. 7.
(2) OJ No C 47, 27. 2. 1975, p. 38 .
(3) OJ No C 122, 10. 12. 1971 , p. 7.                            (4) OJ No C 7, 29 . 1 . 1974, p. 6.
 ---pagebreak--- 21 . 4. 75                             Official Journal of the European Communities                            No L 100/ 19
                                                           ANNEX
                      INITIAL THREE-YEAR COMMUNITY PLAN OF ACTION IN THE FIELD OF
                           SCIENTIFIC AND TECHNICAL INFORMATION AND DOCUMENTATION
The expenditure necessary for the implementation of the          hardware and telecommunication lines gradually installed
plan of action is estimated at 1 840 000 units of account        and the phased adaption of specialized Member State
for 1975. To ensure the progress of the plan of action,          information systems to the network be undertaken.
the amounts for 1976 and 1977 are estimated at 2-3
million and 2-5 million units of account respectively on         The sum allocated for this purpose in 1975 is 660 000
the basis of 1974 prices. The exact amounts for 1976 and         units of account
1977 will be laid down in the budget of the European
Communities .
                                                                        3 . Information technology and methodology
The objectives          of   the  plan  of  action  comprise
particularly :
                                                                 This covers :
                1 . Sectoral information systems
                                                                 — support activities aimed at establishing effective
The rapid development of sectoral information systems                multilingual systems and standard formats for
and their integration into the planned European                      information exchanges ;
information and documentation network involves :
                                                                 — the training of specialists in information technology
— establishing Community systems which are to be                     and the education of users ;
     made compatible with the network, for example in
     the agricultural and environmental sectors;                 — and the improvement of systems methodology, data
                                                                     banks and information and analysis centres.
— examining the need for the creation of new systems in
     selected sectors ;                                          The sum allocated for this purpose in 1975 is 630 000
                                                                 units of accounts.
— and fostering rationalization and development of
    various worthwhile private ventures, particularly in         Measures to achieve the above objectives will in the main
     the industrial sphere.                                      assume the form of contracts with specialist bodies in the
                                                                 Member States and may in appropriate circumstances be
The sum allocated for this purpose in 1975 is 550 000            extended     to    bodies   in non-member     countries  in
units of account.                                                accordance with the Council resolutions of 24 June 1971
                                                                 and 14 January 1974.
        2 . Establishment of the information network             Moreover, the financing in 1976 and 1977 of the
                                                                 conversion      of    national   scientific and   technical
Feasibility and pilot studies will constitute the essential      information and documentation systems to the European
starting point. Specifications for hardware and software         network standards and, in particular, the allocation of the
will then be drawn up and standards defined for the              burden of expenditure between the Member States and
management of the network and its interaction with               the Community should be examined in detail and agreed
users. Only then will the first software be developed ,          upon at the appropriate time.


Avis juridique important

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31993D0061

93/61/EEC: Council Decision of 17 December 1992 concerning the conclusion of the agreements in the form of exchanges of letters extending the adjustment of the voluntary restraint agreements between the European Economic Community and Argentina, Australia, New Zeeland and Uruguay on trade in sheepmeat and goatmeat

Official Journal L 017 , 26/01/1993 P. 0016

COUNCIL DECISION of 17 December 1992 concerning the conclusion of the agreements in the form of exchanges of letters extending the adaptations to the voluntary restraint agreements between the European Economic Community and Argentina, Australia,  New Zealand and Uruguay on trade in mutton, lamb and goatmeat(93/61/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the recommendation from the Commission,  Whereas the voluntary restraint agreements between the European Economic Community and Argentina, Australia, New Zealand and Uruguay on trade in mutton, lamb and goatmeat were adapted in 1989 and 1990 in the context of measures taken to stabilize the  markets in this sector; whereas the said adaptations shall cease to have effect on 31 December 1992;  Whereas it is necessary to provide for interim arrangements for trade in the sheepmeat and goatmeat sectors pending the conclusion of the negotiations regarding agricultural trade in the framework of the General Agreement on Tariffs and Trade;  Whereas it is appropriate in these circumstances to extend the adaptations to the said voluntary restraint agreements for one year;  Whereas the effect of the implementation of the Single Market from 1 January 1993 should be taken into account;  Whereas the Commission has conducted negotiations in this connection with Argentina, Australia, New Zealand and Uruguay which have resulted in Agreements;  Whereas these Agreements should be approved,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreements in the form of exchanges of letters between the European Economic Community and Argentina, Australia, New Zealand and Uruguay concerning the extension of the adaptations to the voluntary restraint agreements between the  European Economic Community and Argentina, Australia, New Zealand and Uruguay on trade in mutton, lamb and goatmeat are hereby approved on behalf of the European Economic Community.  The text of the Agreements are attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Agreements in order to bind the Community.  Article 3  This Decision shall be published in the Official Journal of the European Communities.  Done at Brussels, 17 December 1992.  For the Council The President J. GUMMER  AGREEMENT in the form of an exchange of letters extending the adaptation to the Agreement between the European Economic Community and Argentina on trade in mutton, lamb and goatmeat   A. Letter from the Community  Sir,  I have the honour to refer to the exchange of letters constituting an Agreement between the Community and Argentina adapting the principal Agreement concluded in 1980 between the Community and Argentina on trade in mutton, lamb and goatmeat.  Further to recent discussions, I have the honour to propose that the Agreement set out in the above exchange of letters shall continue in force from 31 December 1992 subject to the following amendments:  1. the following shall be substituted for Clause 1, paragraph A of the Agreement: 'In Clause 2 of the principal Agreement, as amended by Clause 6 of the principal Agreement, the ceiling figure of 23 000 tonnes representing the annual ceiling in metric  tonnes on the total quantity of imports each year into the Community of mutton, lamb and goatmeat from Argentina shall be deemed to have been replaced by the figure of 19 000 tonnes. This ceiling shall be deemed to include a maximum in 1989 of 1 000  metric tonnes of lamb imported into the European Community from Argentina in a form which has never been frozen, a maximum of 1 200 metric tonnes in 1990, a maximum of 1 400 metric tonnes in 1991, a maximum of 1 600 metric tonnes in 1992 and a maximum  of 1 800 metric tonnes in 1993.' 2. In Clause 4 of the Agreement, the words: 'until 31 December 1993' shall be substituted for the words, 'until 31 December 1992'.  3. In paragraph 5 of the Annex, the words: 'by the end of 1993' shall be substituted for the words, 'by the end of 1992'.  I have the honour to propose that, if the foregoing is acceptable to your Government, this letter and your confirmatory reply shall together constitute an Agreement between the Community and the Government of Argentina on the matter.  Please accept, Sir, the assurance of my highest consideration.  On behalf of the Council of the European Communities B. Letter from the Government of Argentina  Sir,  I have the honour to acknowledge receipt of your letter of today's date which reads as follows:  'I have the honour to refer to the exchange of letters constituting an Agreement between the Community and Argentina adapting the principal Agreement concluded in 1980 between the Community and Argentina on trade in mutton, lamb and goatmeat.  Further to recent discussions. I have the honour to propose that the Agreement set out in the above exchange of letters shall continue in force from 31 December 1992 subject to the following amendments:  1. the following shall be substituted for Clause 1, paragraph A of the Agreement: "In Clause 2 of the principal Agreement, as amended by Clause 6 of the principal Agreement, the ceiling figure of 23 000 tonnes representing the annual ceiling in metric  tonnes on the total quantity of imports each year into the Community of mutton, lamb and goatmeat from Argentina shall be deemed to have been replaced by the figure of 19 000 tonnes. This ceiling shall be deemed to include a maximum in 1989 of 1 000  metric tonnes of lamb imported into the European Community from Argentina in a form which has never been frozen, a maximum of 1 200 metric tonnes in 1990, a maximum of 1 400 metric tonnes in 1991, a maximum of 1 600 metric tonnes in 1992 and a maximum  of 1 800 metric tonnes in 1993." 2. In Clause 4 of the Agreement, the words: "until 31 December 1993" shall be substituted for the words, "until 31 December 1992".  3. In paragraph 5 of the Annex, the words: "by the end of 1993" shall be substituted for the words, "by the end of 1992".  I have the honour to propose that, if the foregoing is acceptable to your Government, this letter and your confirmatory reply shall together constitute an Agreement between the Community and the Government of Argentina on the matter.' I have the honour to confirm that my Government is in agreement with the contents of your letter.  Please accept, Sir, the assurance of my highest consideration.  On behalf of the Government of Argentina  AGREEMENT in the form of an exchange of letters extending the adaptation to the Agreement between the European Economic Community and Australia on trade in mutton, lamb and goatmeat   A. Letter from the Community  Sir,  I have the honour to refer to the exchange of letters constituting an Agreement between the Community and Australia adapting the principal Agreement concluded in 1980 between the Community and Australia on trade in mutton, lamb and goatmeat.  Further to recent discussions, I have the honour to propose that the Agreement set out in the above exchange of letters shall continue in force from 31 December 1992 subject to the following amendments:  1. the following shall be substituted for Clause 1, paragraph A of the Agreement: 'In Clause 2 of the principal Agreement, as amended by Clause 6 of the principal Agreement, the quantity of 17 500 metric tonnes expressed in carcase weight shall be  deemed to include a maximum in 1989 of 1 500 metric tonnes of lamb imported into the European Community from Australia in a form which has never been frozen, a maximum of 2 000 metric tonnes in 1990, a maximum of 2 500 metric tonnes in 1991, a maximum  of 3 000 metric tonnes in 1992 and a maximum of 3 500 metric tonnes in 1993.' 2. In Clause 4 of the Agreement, the words: 'until 31 December 1993' shall be substituted for the words, 'until 31 December 1992'.  3. In paragraph 5 of the Annex, the words: 'by the end of 1993' shall be substituted for the words, 'by the end of 1992'.  I have the honour to propose that, if the foregoing is acceptable to your Government, this letter and your confirmatory reply shall together constitute an Agreement between the Community and the Government of Australia on the matter.  Please accept, Sir, the assurance of my highest consideration.  On behalf of the Council of the European Communities B. Letter from the Government of Australia  Sir,  I have the honour to acknowledge receipt of your letter of today's date which reads as follows:  'I have the honour to refer to the exchange of letters constituting an Agreement between the Community and Australia adapting the principal Agreement concluded in 1980 between the Community and Argentina on trade in mutton, lamb and goatmeat.  Further to recent discussions. I have the honour to propose that the Agreement set out in the above exchange of letters shall continue in force from 31 December 1992 subject to the following amendments:  1. The following shall be substituted for Clause 1, paragraph A of the Agreement: "In Clause 2 of the principal Agreement, as amended by Clause 6 of the principal Agreement, the quantity of 17 500 metric tonnes expressed in carcase weight shall be  deemed to include a maximum in 1989 of 1 500 metric tonnes of lamb imported into the European Community from Australia in a form which has never been frozen, a maximum of 2 000 metric tonnes in 1990, a maximum of 2 500 metric tonnes in 1991, a maximum  of 3 000 metric tonnes in 1992, a maximum of 3 500 metric tonnes in 1993." 2. In Clause 4 of the Agreement, the words: "until 31 December 1993" shall be substituted for the words, "until 31 December 1992".  3. In paragraph 5 of the Annex, the words: "by the end of 1993" shall be substituted for the words, "by the end of 1992".  I have the honour to propose that, if the foregoing is acceptable to your Government, this letter and your confirmatory reply shall together constitute an Agreement between the Community and the Government of Australia on the matter.' I have the honour to confirm that my Government is in agreement with the contents of your letter.  Please accept, Sir, the assurance of my highest consideration.  On behalf of the Government of Australia  AGREEMENT in the form of an exchange of letters extending the adaptation to the Agreement between the European Economic Community and New Zealand on trade in mutton, lamb and goatmeat   A. Letter from the Community  Sir,  I have the honour to refer to the exchange of letters of 18 October 1989 constituting an Agreement between the Community and New Zealand relating to the ajustments of the principal Agreement concluded in 1980 between the Community and New Zealand on  trade in mutton, lamb and goatmeat.  Further to recent discussions, I have the honour to propose that the Agreement set out in the above exchange of letters shall continue in force from 31 December 1992 subject to the following amendments:  1. the following shall be substituted for Clause 1, paragraph A of the Agreement: 'In Clause 2 of the principal Agreement, as amended by Clause 6 of the principal Agreement, the ceiling figure of "245 500", representing the annual ceiling in metric  tonnes on the total quantity of imports each year into the Community of mutton, lamb and goatmeat from New Zealand shall be deemed to have been replaced by the figure of 205 000 tonnes. This ceiling shall be deemed to include a maximum in 1989 of 6 000  metric tonnes of lamb imported into the European Community from New Zealand in a form which has never been frozen, a maximum of 7 500 metric tonnes in 1990, a maximum of 9 000 metric tonnes in 1991, a maximum of 10 500 metric tonnes in 1992 and a  maximum of 12 000 metric tonnes in 1993.' 2. In Clause 4 of the Agreement, the words: 'until 31 December 1993' shall be substituted for the words, 'until 31 December 1992'.  3. In paragraph 7 of the Annex, the words: 'by the end of 1993' shall be substituted for the words, 'by the end of 1992'.  I have the honour to propose that, if the foregoing is acceptable to your Government, this letter and your confirmatory reply shall together constitute an Agreement between the Community and the Government of New Zealand on the matter.  Please accept, Sir, the assurance of my highest consideration.  On behalf of the Council of the European Communities B. Letter from the Government of New Zealand  Sir,  I have the honour to acknowledge receipt of your letter of today's date which reads as follows:  'I have the honour to refer to the exchange of letters of 18 October 1989 constituting an Agreement between the Community and New Zealand relating to the ajustments of the principal Agreement concluded in 1980 between the Community and New Zealand on  trade in mutton, lamb and goatmeat.  Further to recent discussions. I have the honour to propose that the Agreement set out in the above exchange of letters shall continue in force from 31 December 1992 subject to the following amendments:  1. the following shall be substituted for Clause 1, paragraph A of the Agreement: "In Clause 2 of the principal Agreement, as amended by Clause 6 of the principal Agreement, the ceiling figure of "245 500", representing the annual ceiling, in metric  tonnes on the total quantity of imports each year into the Community of mutton, lamb and goatmeat from New Zealand shall be deemed to have been replaced by the figure of "205 000". This ceiling shall be deemed to include a maximum in 1989 of 6 000  metric tonnes of lamb imported into the European Community from New Zealand in a form which has never been frozen, a maximum of 7 500 metric tonnes in 1990, a maximum of 9 000 metric tonnes in 1991, a maximum of 10 500 metric tonnes in 1992 and a  maximum of 12 000 metric tonnes in 1993." 2. In Clause 4 of the Agreement, the words: "until 31 December 1993" shall be substituted for the words, "until 31 December 1992".  3. In paragraph 7 of the Annex, the words: "by the end of 1993" shall be substituted for the words, "by the end of 1992".  I have the honour to propose that, if the foregoing is acceptable to your Government, this letter and your confirmatory reply shall together constitute an Agreement between the Community and the Government of New Zealand on the matter.' I have the honour to confirm that my Government is in agreement with the contents of your letter.  Please accept, Sir, the assurance of my highest consideration.  On behalf of the Government of New Zealand  AGREEMENT in the form of an exchange of letters relating to the extension of the adjustment of the Agreement between the European Economic Community and New Zealand on trade in mutton, lamb and goatmeat   A. Letter from the Community  Sir,  I have the honour to refer to the exchange of letters of 18 October 1989 as extended constituting an Agreement between the Community and New Zealand relating to the adjustments of the principal Agreement concluded in 1980 between the Community and New  Zealand on trade in mutton, lamb and goatmeat.  Having regard to Clause 6 of the principal Agreement and to the integration of the Canary Islands into the Community's customs territory and into the common agricultural policy, New Zealand undertakes to ensure that the annual quantity exported to the  Canary Islands does not exceed 600 metric tonnes in 1993, such an increase representing the average annual import of New Zealand mutton, lamb and goatmeat into the Canary Islands since the accession of Spain to the Community. These exports shall not be  included within the overall ceiling of 205 000 metric tonnes in Clause 2 of the Agreement as amended.  I have the honour to propose that, if the foregoing is acceptable to your Governement, this letter and your confirmatory reply shall together constitute an Agreement between the Community and the Government of New Zealand on the matter.  Please accept, Sir, the assurance of my highest consideration.  On behalf of the Council of the European Communities B. Letter from the Government of New Zealand  Sir,  I have the honour to acknowledge receipt of your letter of today's date which reads as follows:  'I have the honour to refer to the exchange of letters of 18 October 1989 as extended constituting an Agreement between the Community and New Zealand relating to the adjustments of the principal Agreement concluded in 1980 between the Community and New  Zealand on trade in mutton, lamb and goatmeat.  Having regard to Clause 6 of the principal Agreement and to the integration of the Canary Islands into the Community's customs territory and into the common agricultural policy, New Zealand undertakes to ensure that the annual quantity exported to the  Canary Islands does not exceed 600 metric tonnes in 1993, such an increase representing the average annual import of New Zealand mutton, lamb and goatmeat into the Canary Islands since the accession of Spain to the Community. These exports shall not be  included within the overall ceiling of 205 000 metric tonnes in Clause 2 of the Agreement as amended.  I have the honour to propose that, if the foregoing is acceptable to your Government, this letter and your confirmatory reply shall together constitute an Agreement between the Community and the Government of New Zealand on the matter.' I have the honour to confirm that my Government is in agreement with the contents of your letter.  Please accept, Sir, the assurance of my highest consideration.  On behalf of the Government of New Zealand  AGREEMENT in the form of an exchange of letters extending the adaptation to the Agreement between the European Economic Community and the Eastern Republic of Uruguay on trade in mutton and lamb   A. Letter from the Community  Sir,  I have the honour to refer to the exchange of letters constituting an Agreement between the Community and Eastern Republic of Uruguay adapting the principal Agreement concluded in 1980 between the Community and Uruguay on trade in mutton and lamb.  Further to recent discussions, I have the honour to propose that the Agreement set out in the above exchange of letters shall continue in force from 31 December 1992 subject to the following amendments:  1. the following shall be substituted for Clause 1, paragraph A of the Agreement: 'In Clause 2 of the principal Agreement, as amended by Clause 6 of the principal Agreement, the ceiling figure of 5 800 metric tonnes shall be replaced by figure of 5 220  metric tonnes. This ceiling shall include a maximum in 1989 of 2 000 metric tonnes of lamb imported into the European Community from Uruguay in a form which has never frozen, a maximum of 2 200 metric tonnes in 1990, a maximum of 2 400 metric tonnes in  1991, a maximum of 2 600 metric tonnes in 1992 and a maximum of 2 800 metric tonnes in 1993.' 2. In Clause 4 of the Agreement, the words: 'until 31 December 1993' shall be substituted for the words, 'until 31 December 1992'.  3. In paragraph 5 of the Annex, the words: 'by the end of 1993' shall be substituted for the words, 'by the end of 1992'.  I have the honour to propose that, if the foregoing is acceptable to your Government, this letter and your confirmatory reply shall together constitute an Agreement between the Community and the Government of Uruguay on the matter.  Please accept, Sir, the assurance of my highest consideration.  On behalf of the Council of the European Communities B. Letter from the Government of the Eastern Republic of Uruguay  Sir,  I have the honour to acknowledge receipt of your letter of today's date which reads as follows:  'I have the honour to refer to the exchange of letters constituting an Agreement between the Community and the Eastern Republic of Uruguay adapting the principal Agreement concluded in 1980 between the Community and Uruguay on trade in mutton and lamb.   Further to recent discussions. I have the honour to propose that the Agreement set out in the above exchange of letters shall continue in force from 31 December 1992 subject to the following amendments:  1. the following shall be substituted for Clause 1, paragraph A of the Agreement: "In Clause 2 of the principal Agreement, as amended by Clause 6 of the principal Agreement, the ceiling figure of 5 800 metric tonnes shall be replaced by the figure of 5  220 metric tonnes. This ceiling shall be deemed to include a maximum in 1989 of 2 000 metric tonnes of lamb imported into the European Community from Uruguay in a form which has never been frozen, a maximum of 2 200 metric tonnes in 1990, a maximum of 2  400 metric tonnes in 1991, a maximum of 2 600 metric tonnes in 1992, and a maximum of 2 800 metric tonnes in 1993." 2. In Clause 4 of the Agreement, the words: "until 31 December 1993" shall be substituted for the words, "until 31 December 1992".  3. In paragraph 5 of the Annex, the words: "by the end of 1993" shall be substituted for the words, "by the end of 1992".  I have the honour to propose that, if the foregoing is acceptable to your Government, this letter and your confirmatory reply shall together constitute an Agreement between the Community and the Government of Uruguay on the matter.' I have the honour to confirm that my Government is in agreement with the contents of your letter.  Please accept, Sir, the assurance of my highest consideration.  On behalf of the Government of Uruguay


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32003D0298

2003/298/EC: Council Decision of 14 April 2003 on the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions

Official Journal L 107 , 30/04/2003 P. 0012 - 0016

Council Decisionof 14 April 2003on the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions(2003/298/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with Article 300(2), first subparagraph, first sentence, thereof,Having regard to the proposal from the Commission,Whereas:(1) The Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part(1) (hereinafter referred to as "the Europe Agreement"), provides for certain reciprocal trade concessions for certain agricultural products.(2) Article 21(5) of the Europe Agreement provides that the Community and the Czech Republic shall examine product by product and on an orderly and reciprocal basis the possibilities of granting each other further concessions.(3) The first improvements to the preferential arrangements of the Europe Agreement were provided for in the Protocol adjusting trade aspects of the Europe Agreement to take account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture, including improvements to the existing preferential arrangements, approved by Council Decision 98/707/EC(2).(4) Improvements to the preferential arrangements were also provided for as a result of negotiations to liberalise agricultural trade concluded in 2000. On the Community side, these improvements were implemented from 1 July 2000 by Council Regulation (EC) No 2433/2000 of 17 October 2000 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with the Czech Republic(3). This second adjustment of the preferential arrangements has not yet been incorporated in the Europe Agreement in the form of an Additional Protocol.(5) Negotiations for further improvements to the preferential arrangements of the Europe Agreement were concluded on 3 May 2000 and on 6 June 2002.(6) The new Additional Protocol to the Europe Agreement adjusting the trade aspects of the Europe Agreement between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part (hereinafter referred to as "the Protocol"), should be approved with a view to consolidating all concessions in agricultural trade between the two sides, including the results of the negotiations concluded in 2000 and 2002.(7) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(4) has codified the management rules for tariff quotas designed to be used following the chronological order of dates of customs declarations. Certain tariff quotas under this Decision should therefore be administered in accordance with those rules.(8) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5).(9) As a result of the aforementioned negotiations, Regulation (EC) No 2433/2000 has effectively lost its substance and should therefore be repealed,HAS DECIDED AS FOLLOWS:Article 1The Protocol adjusting the trade aspects of the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions, is hereby approved on behalf of the Community.The text of the Protocol is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person empowered to sign the Protocol on behalf of the Community and give the notification of approval provided for in Article 3 of the Protocol.Article 31. Upon this Decision taking effect, the arrangements provided for in the Annexes of the Protocol shall replace those referred to in Annexes XI and XII as referred to in Article 21(2) and (4), as amended, of the Europe Agreement.2. The Commission shall adopt rules for the application of the Protocol in accordance with the procedure referred to in Article 6(2).Article 41. The order numbers as attributed to the tariff quotas in the Annex to this Decision may be changed by the Commission in accordance with the procedure referred to in Article 6(2). Tariff quotas with an order number above 09.5100 shall be administered by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.2. Quantities of goods subject to tariff quotas and released for free circulation as from 1 July 2002 under the concessions provided for in Annex A(b) to Regulation (EC) No 2433/2000 shall be fully counted against the quantities provided for in the fourth column in Annex A(b) to the Protocol, except for quantities for which import licences were issued before 1 July 2002.Article 5Entitlement to the benefit from the Community tariff quota for wine referred to in the Annex to this Decision and in Annex C to the Protocol shall be subject to the presentation of a V I 1 document or a V I 2 extract in accordance with Commission Regulation (EC) No 883/2001 of 24 April 2001 laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards trade with third countries in products in the wine sector(6).Article 61. The Commission shall be assisted by the Management Committee for Cereals instituted by Article 23 of Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(7) or, where appropriate, by the committee instituted by the relevant provisions of the other regulations on the common organisation of agricultural markets.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at one month.3. The Committee shall adopt its Rules of Procedure.Article 7Regulation (EC) No 2433/2000 is hereby repealed from the entry into force of the Protocol.Done at Brussels, 14 April 2003.For the CouncilThe PresidentA. Giannitsis(1) OJ L 360, 31.12.1994, p. 2.(2) OJ L 341, 16.12.1998, p. 2.(3) OJ L 280, 4.11.2000, p. 1.(4) OJ L 253, 11.10.1993, p. 1; Regulation last amended by Regulation (EC) No 444/2002 (OJ L 68, 12.3.2002, p. 11).(5) OJ L 184, 17.7.1999, p. 23.(6) OJ L 128, 10.5.2001, p. 1; Regulation as last amended by Regulation (EC) No 2380/2002 (OJ L 358, 31.12.2002, p. 117).(7) OJ L 181, 1.7.1992, p. 21.ANNEXOrder Nos for EU tariff quotas for products originating in the Czech Republic(as referred to in Article 4)>TABLE>


title: 2014/264/EU: Council Decision of 6 May 2014 on the launch of automated data exchange with regard to Vehicle Registration Data (VRD) in Hungary

text:
               12.5.2014

               EN

               Official Journal of the European Union

               L 137/7

         COUNCIL DECISION
   of 6 May 2014
   on the launch of automated data exchange with regard to Vehicle Registration Data (VRD) in Hungary

      (2014/264/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), in particular Article 25 thereof,
   Having regard to Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (2), in particular Article 20 and Chapter 4 of the Annex thereto,
   Whereas:

               (1)

               According to the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties.

               (2)

               Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision.

               (3)

               Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run.

               (4)

               According to Chapter 4, point 1.1, of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

               (5)

               Hungary has completed the questionnaire on data protection and the questionnaire on Vehicle Registration Data (VRD).

               (6)

               A successful pilot run has been carried out by Hungary with the Netherlands.

               (7)

               An evaluation visit has taken place in Hungary and a report on the evaluation visit has been produced by the Dutch/Lithuanian evaluation team and forwarded to the relevant Council Working Group.

               (8)

               An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning VRD has been presented to the Council,

         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of automated searching of vehicle registration data (VRD), Hungary has fully implemented the general provisions on data protection of Chapter 6 of Decision 2008/615/JHA and is entitled to receive and supply personal data pursuant to Article 12 of that Decision as from the day of the entry into force of this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 6 May 2014.

            For the Council

            The President

         G. STOURNARAS

      (1)  OJ L 210, 6.8.2008, p. 1.

      (2)  OJ L 210, 6.8.2008, p. 12.


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31999D0726

Decision of the European Central Bank of 7 October 1999 on fraud prevention (ECB/1999/5)

Official Journal L 291 , 12/11/1999 P. 0036 - 0038

DECISION OF THE EUROPEAN CENTRAL BANKof 7 October 1999on fraud prevention(ECB/1999/5)(1999/726/EC)THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter referred to as the "Statute") and in particular to Article 12.3 thereof;Having regard to the proposal of the Executive Board of the European Central Bank (ECB);Having regard to the opinion of the Staff Committee of the ECB;(1) Whereas the ECB, together with the institutions of the European Communities and the Member States, attaches great importance to the protection of the Communities' financial interests and to efforts to combat fraud and other illegal activities detrimental to the Communities' financial interests;(2) Whereas the Cologne European Council in June 1999 considered it eminently desirable that the ECB should join the institutions of the European Communities in efforts to combat fraud within the European Union;(3) Whereas the ECB attaches great importance to the protection of its own financial interests and to efforts to combat fraud and other illegal activities detrimental to its financial interests;(4) Whereas all available means must be fully deployed to attain these objectives, notably in the context of investigative duties devolving upon the ECB and the institutions of the European Communities, while maintaining the current distribution and balance of responsibilities between the ECB and the institutions of the European Communities;(5) Whereas the institutions of the European Communities and the Member States have taken action to combat fraud and other illegal activities detrimental to the Communities' financial interests on the basis of Article 280 of the Treaty establishing the European Community (hereinafter referred to as the "Treaty");(6) Whereas the independence of the ECB is provided for by the Treaty and the Statute; whereas, in accordance with the Treaty and the Statute, the ECB has its own budget and its own financial resources separate from those of the European Communities;(7) Whereas, to reinforce the means available for combating fraud, by Decision 1999/352/EC, ECSC, Euratom(1), the Commission has established among its own departments a European Anti-Fraud Office (OLAF) with responsibility for conducting administrative investigations to this end;(8) Whereas combating fraud and other illegal activities detrimental to the financial interests of the ECB is a core function of the Directorate for Internal Audit and whereas that Directorate is responsible for conducting administrative investigations within the ECB to this end;(9) Whereas combating fraud and other illegal activities within the ECB should be understood as covering similar activities as defined by the European Parliament, the Council of the European Union and the Commission of the European Communities in the first subparagraph of paragraph 1 of the Interinstitutional Agreement of 25 May 1999(2);(10) Whereas, to enhance and reinforce the independence of the activities of the Directorate for Internal Audit in combating fraud and other illegal activities detrimental to the financial interests of the ECB, this Directorate should report to an anti-fraud committee made up of highly qualified outside independent persons on these issues,HAS DECIDED AS FOLLOWS:Article 1ECB anti-fraud committee1. An anti-fraud committee shall be established in order to reinforce the independence of the Directorate for Internal Audit in its activities and reporting concerning all issues related to the prevention and detection of fraud and other illegal activities detrimental to the financial interests of the ECB and compliance with relevant internal standards and/or codes of conduct of the ECB. The composition and powers of the anti-fraud committee shall be laid down by this Article.2. The anti-fraud committee shall be responsible for both the regular monitoring and the discharge of the activities referred to in paragraph 1 within the ECB by the Directorate for Internal Audit.3. The anti-fraud committee shall be composed of three outside independent persons who possess outstanding qualifications relevant to the activities of the anti-fraud committee. They shall be appointed by a decision of the Governing Council, which shall be published in the Official Journal of the European Communities.4. The term of office of members of the anti-fraud committee shall be three years and this shall be renewable only once. On expiry of their term of office members shall remain in office until their appointments are renewed or until they are replaced, as the case may be.5. In carrying out their duties, the members of the anti-fraud committee shall neither seek nor take instructions from the decision-making bodies of the ECB, from institutions or bodies of the European Communities, from any government or from any other institution or body.6. The anti-fraud committee shall appoint its chairperson and adopt its own rules of procedure. It shall take its decisions by a majority of its members.7. The Director of Internal Audit shall forward a programme of its activities referred to in paragraph 1 above to the anti-fraud committee each year. The Directorate for Internal Audit shall keep the anti-fraud committee regularly informed of these activities, in particular its investigations, the results thereof and the actions taken in that connection. The anti-fraud committee may, where appropriate, instruct the Directorate for Internal Audit with regard to its performance of these activities.In the event that an investigation has been in progress for more than six months, the Director of Internal Audit shall inform the anti-fraud committee of the reasons for it not yet having been possible to wind up the investigation, and also of the expected date of completion. In such a case the anti-fraud committee shall inform the Governing Council.The Director of Internal Audit shall inform the anti-fraud committee of cases in which the management of the ECB or the decision-making bodies of the ECB has failed to act on recommendations regarding an issue of fraud prevention and detection or regarding compliance with relevant internal standards and/or codes of conduct of the ECB. The Director of Internal Audit shall inform the anti-fraud committee of cases in which information needs to be forwarded to the judicial authorities of a Member State.8. The Anti-Fraud Committee shall present at least one report a year on its activities to the Governing Council, the external auditors of the ECB and the European Court of Auditors. The Committee shall submit reports to the Governing Council, the external auditors of the ECB and the European Court of Auditors on the results of the Directorate for Internal Audit's investigations and the action taken in their respect.9. The anti-fraud committee shall be responsible for the relations with the Supervisory Committee of the European Anti-Fraud Office (OLAF) referred to in Article 11 of Regulation (EC) No 1073/1999 of the European Parliament and of the Council(3). These relations shall follow the principles established by a decision of the ECB.10. The anti-fraud committee may inform the competent national judicial authority where reasonable evidence shows that there may have been a breach of national criminal law.Article 2Responsibility for reporting on fraud issuesThe Directorate for Internal Audit is, in accordance with this Decision and the procedures in force within the ECB, responsible for investigating and reporting on all issues related to the prevention and detection of fraud and other illegal activities detrimental to the financial interests of the ECB and on compliance with relevant internal standards and/or codes of conduct of the ECB.Article 3IndependenceIn order to ensure that the Directorate for Internal Audit is able to investigate and report on all issues relating to fraud prevention and detection effectively and with the required level of independence, the Director of Internal Audit shall report to the anti-fraud committee referred to in Article 1 of this Decision on fraud issues.Article 4Information to investigated personsWhere possible personal implications emerge from a fraud investigation, the Director of Internal Audit shall inform the persons concerned rapidly as long as this would not be harmful to the investigation. In any event, conclusions referring to persons by name may not be drawn before the persons concerned have been given the opportunity to express their views on all the facts which concern them.If, following an investigation, no case can be made against the person against whom allegations have been made, the investigations concerning him/her shall be closed, with no further action being taken, by a decision of the Director of Internal Audit, who shall inform the person concerned in writing.Article 5Conduct of activitiesThe activities referred to in this Decision shall be carried out subject to both the rules of the Treaties, in particular Article 6 of the Treaty on European Union, and the Protocol on the privileges and immunities of the European Communities with due regard to the Conditions of employment for staff of the European Central Bank and the Conditions of short-term employment.Staff of the ECB shall, and any other person may, inform the anti-fraud committee or the Directorate for Internal Audit of any fraud or illegal activities detrimental to the financial interests of the ECB. Staff of the ECB must in no way suffer inequitable or discriminatory treatment as a result of having contributed to the activities of the anti-fraud committee or the Directorate for Internal Audit referred to in this Decision.Article 6ComplaintsAny member of the staff of the ECB may submit to the Executive Board or the anti-fraud committee a complaint in respect of an act or omission having an adverse effect on him/her committed by the Directorate for Internal Audit as part of the activities referred to in this Decision.Article 7ConfidentialityAny information obtained in the course of fraud investigations, whatever its form, shall be subject to professional secrecy as laid down in Article 38 of the Statute. The members of the anti-fraud committee shall be obliged to adhere to this professional secrecy.Article 8Publication and effective dateThis Decision shall be published in the Official Journal of the European Communities.This Decision shall take effect upon its publication.Done at Frankfurt am Main, 7 October 1999.The President of the ECBWillem F. DUISENBERG(1) OJ L 136, 31.5.1999, p. 20.(2) OJ L 136, 31.5.1999, p. 15.(3) OJ L 136, 31.5.1999, p. 1.