title: 2010/109/CFSP: Council Decision 2010/109/CFSP of 22 February 2010 extending the mandate of the European Union Special Representative for the South Caucasus

text:
               23.2.2010

               EN

               Official Journal of the European Union

               L 46/16

         COUNCIL DECISION 2010/109/CFSP
   of 22 February 2010
   extending the mandate of the European Union Special Representative for the South Caucasus
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and, in particular, Articles 28, 31(2) and 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 20 February 2006, the Council adopted Joint Action 2006/121/CFSP (1) appointing Mr Peter SEMNEBY European Union Special Representative (EUSR) for the South Caucasus.

               (2)

               On 16 February 2009, the Council adopted Joint Action 2009/133/CFSP (2) amending and extending the mandate of the EUSR until 28 February 2010.

               (3)

               The mandate of the EUSR should be extended until 31 August 2010. However, the mandate of the EUSR may be terminated earlier, if the Council so decides, on a recommendation of the High Representative of the Union for Foreign Affairs and Security Policy (HR) following the entry into force of the decision establishing the European External Action Service.

               (4)

               The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the objectives of the Common Foreign and Security Policy as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   The mandate of Mr Peter SEMNEBY as the European Union Special Representative for the South Caucasus is hereby extended until 31 August 2010. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a recommendation of the HR following the entry into force of the decision establishing the European External Action Service.
   Article 2
   Policy objectives
   1.   The mandate of the EUSR shall be based on the policy objectives of the European Union for the South Caucasus. These objectives include:

               (a)

               to assist Armenia, Azerbaijan and Georgia in carrying out political and economic reforms, notably in the fields of rule of law, democratisation, human rights, good governance, development and poverty reduction;

               (b)

               in accordance with existing mechanisms, to prevent conflicts in the region, to contribute to the peaceful settlement of conflicts, including through promoting the return of refugees and internally displaced persons;

               (c)

               to engage constructively with main interested actors concerning the region;

               (d)

               to encourage and to support further cooperation between States of the region, in particular between the States of the South Caucasus, including on economic, energy and transport issues;

               (e)

               to enhance the effectiveness and visibility of the Union in the region.

         2.   The EUSR shall support the work of the HR in the region.
   Article 3
   Mandate
   In order to achieve the policy objectives, the mandate of the EUSR shall be to:

               (a)

               develop contacts with governments, parliaments, the judiciary and civil society in the region;

               (b)

               encourage Armenia, Azerbaijan and Georgia to cooperate on regional themes of common interest, such as common security threats, the fight against terrorism, trafficking and organised crime;

               (c)

               contribute to the prevention of conflicts and to assist in creating the conditions for progress on settlement of conflicts, including through recommendations for action related to civil society and rehabilitation of territories, without prejudice to the Treaty on the Functioning of the European Union;

               (d)

               contribute to the settlement of conflicts and to facilitate the implementation of such settlement in close coordination with the United Nations Secretary-General and the UN Mobile Team, the Organisation for Security and Cooperation in Europe and its Minsk Group;

               (e)

               provide the Head of the European Union Monitoring Mission in Georgia (EUMM Georgia) with local political guidance;

               (f)

               intensify the Union’s dialogue with the main actors concerned regarding the region;

               (g)

               assist the Council in further developing a comprehensive policy towards the South Caucasus;

               (h)

               through a support team:

                           —

                           provide the Union with reporting and a continued assessment of the border situation,

                           —

                           facilitate confidence-building between Georgia and the Russian Federation, thereby ensuring efficient cooperation and liaison with all relevant actors,

                           —

                           establish relevant contacts in the conflict regions, thereby enabling the support team to contribute to confidence-building and to assess border-related issues in those regions, after terms of reference have been agreed with the Georgian government and consultations held with all parties concerned (excluding operational field activities in Abkhazia and South Ossetia),

                           —

                           assist the Georgian Border Police and other relevant government institutions in Tbilisi in the implementation of the comprehensive integrated border management strategy,

                           —

                           work with the Georgian authorities to increase communication between Tbilisi and the border, including mentoring. This shall be done by liaison and by working closely with all levels of the chain of command between Tbilisi and the border (excluding operational field activities in Abkhazia and South Ossetia);

               (i)

               contribute to the implementation of the EU human rights policy and EU Guidelines on Human Rights, in particular with regard to children and women in conflict affected areas, especially by monitoring and addressing developments in this regard.

         Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR.
   2.   The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the EUSR’s primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 March 2010 to 31 August 2010 shall be EUR 1 855 000.
   2.   The expenditure financed by the amount stipulated in paragraph 1 shall be eligible as from 1 March 2010. The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   Within the limits of his mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of his team.
   2.   Member States and institutions of the Union may propose the secondment of staff to work with the EUSR. The salary of personnel who are seconded by a Member State or an institution of the Union to the EUSR shall be covered by the Member State or the institution of the Union concerned respectively. Experts seconded by Member States to the General Secretariat of the Council may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State or Union institution and shall carry out their duties and act in the interest of the mandate of the EUSR.
   Article 7
   Privileges and immunities of the EUSR and his staff
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of his staff shall be agreed with the host party/parties as appropriate. Member States and the Commission shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of his team shall respect the security principles and minimum standards established by Council Decision 2001/264/EC of 19 March 2001 adopting the Council’s security regulations (3), in particular when managing EU classified information.
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegations and/or Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union’s policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with his mandate and the security situation in his geographical area of responsibility, for the security of all personnel under his direct authority, notably by:

               (a)

               establishing a mission-specific security plan based on guidance from the General Secretariat of the Council, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as management of security incidents and including a mission contingency and evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;

               (c)

               ensuring that all members of his team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area by the General Secretariat of the Council;

               (d)

               ensuring that all agreed recommendations made following regular security assessments are implemented and providing the HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.

         Article 11
   Reporting
   The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report as necessary to Council working parties. Regular written reports shall be circulated through the COREU network. Upon recommendation of the HR or the PSC, the EUSR may provide the Foreign Affairs Council with reports.
   Article 12
   Coordination
   1.   The EUSR shall promote overall Union political coordination. He shall help to ensure that all Union instruments in the field are engaged coherently to attain the Union’s policy objectives. The activities of the EUSR shall be coordinated with those of the Commission, as well as those of other EUSRs active in the region, and in particular the EUSR for the crisis in Georgia, while taking into account the specific objectives of the latter’s mandate. The EUSR shall provide Member States’ missions and the Union’s delegations with regular briefings.
   2.   In the field, close liaison shall be maintained with the Heads of the Union delegations and Member States’ Heads of Mission. They shall make best efforts to assist the EUSR in the implementation of the mandate. The EUSR shall provide the Head of EUMM Georgia with local political guidance. The EUSR and the Civilian Operations Commander shall consult each other as required. The EUSR shall also liaise with other international and regional actors in the field.
   Article 13
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the HR, the Council and the Commission with a mandate implementation report at the end of the mandate.
   Article 14
   Entry into force
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 March 2010.
   Article 15
   Publication
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 22 February 2010.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 49, 21.2.2006, p. 14.

      (2)  OJ L 46, 17.2.2009, p. 53.

      (3)  OJ L 101, 11.4.2001, p. 1.


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31981D0094

81/94/EEC: Council Decision of 9 February 1981 appointing a full member of the Advisory Committee on Social Security for Migrant Workers

Official Journal L 060 , 06/03/1981 P. 0038 - 0038

****( 1 ) OJ NO L 149 , 5 . 7 . 1971 , P . 2 .        COUNCIL DECISION   OF 9 FEBRUARY 1981   APPOINTING A FULL MEMBER OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS  ( 81/94/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1408/71 OF 14 JUNE 1971 ON THE APPLICATION OF SOCIAL SECURITY SCHEMES TO EMPLOYED PERSONS AND THEIR FAMILIES MOVING WITHIN THE COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 82 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 15 OCTOBER 1979 APPOINTING THE MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS FOR THE PERIOD ENDING 14 OCTOBER 1981 ,   WHEREAS ONE SEAT AS FULL MEMBER OF THE AFORESAID COMMITTEE IN THE WORKERS REPRESENTATIVES '  CATEGORY HAS FALLEN VACANT FOLLOWING THE RESIGNATION OF MR ELSNER , NOTIFIED TO THE COUNCIL ON 14 JANUARY 1981 ;   HAVING REGARD TO THE NOMINATION SUBMITTED ON 14 JANUARY 1981 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR WERNER KOHNE IS HEREBY APPOINTED A FULL MEMBER OF THE ADVISORY COMMITTEE ON SOCIAL SECURITY FOR MIGRANT WORKERS IN PLACE OF MR ELSNER FOR THE REMAINDER OF HIS TERM OF OFFICE , WHICH RUNS UNTIL 14 OCTOBER 1981 .   DONE AT BRUSSELS , 9 FEBRUARY 1981 .   FOR THE COUNCIL   THE PRESIDENT   G . BRAKS


76/870/EEC: Council Decision of 28 September 1976 on the notification of the provisional application by the European Economic Community of the International Cocoa Agreement 1975


title: 2014/445/EU: Council Decision of 8 July 2014 appointing two Danish members and six Danish alternate members of the Committee of the Regions

text:
               10.7.2014

               EN

               Official Journal of the European Union

               L 201/25

         COUNCIL DECISION
   of 8 July 2014
   appointing two Danish members and six Danish alternate members of the Committee of the Regions

      (2014/445/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 Danish 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. On 27 September 2010, by Council Decision 2010/590/EU (3), Ms Kirstine Helene BILLE was appointed as member and Mr Steen Ole DAHLSTRØM and Mr Carsten KISSMEYER-NIELSEN were appointed as alternate members until 25 January 2015. On 11 February 2014, by Council Decision 2014/79/EU (4), Mr Simon Mønsted STRANGE was appointed as member and Mr Anker BOYE, Ms Jane FINDAHL, Mr Lars KRARUP and Mr Michael ZIEGLER were appointed as alternate members until 25 January 2015.

               (2)

               Two members' seats on the Committee of the Regions have become vacant following the end of the terms of office of Ms Kirstine BILLE and Mr Simon Mønsted STRANGE.

               (3)

               Six alternate members' seats have become vacant following the end of the terms of office of Mr Anker BOYE, Mr Steen Ole DAHLSTRØM, Ms Jane FINDAHL, Mr Carsten KISSMEYER-NIELSEN, Mr Lars KRARUP and Mr Michael ZIEGLER,

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

               (a)

               as members:

                           —

                           Mr Jens Bo IVE, Mayor of Rudersdal Municipality

                           —

                           Mr Thomas Strecker Lerbak ADELSKOV, Mayor of Odsherred City Council;

                     and

               (b)

               as alternate members:

                           —

                           Ms Kirstine BILLE, Deputy Mayor of Syddjurs Municipality

                           —

                           Mr Henrik BRADE JOHANSEN, Member of Lyngby-Taarbaek City Council

                           —

                           Ms Lotte CEDERSKJOLD ENGSIG-KARUP, Member of Aarhus City Council and Member of the Aarhus Municipal Authority

                           —

                           Mr Per NØRHAVE, Member of Ringsted City Council

                           —

                           Mr Marc PERERA CHRISTENSEN, Deputy Mayor of Aarhus City Council, Member of Aarhus Municipal Corporation and Member of Aarhus City Council

                           —

                           Mr John SCHMIDT ANDERSEN, Mayor of Frederikssund Municipality.

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

      Done at Brussels, 8 July 2014.

            For the Council

            The President

         P. C. PADOAN

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

      (2)  OJ L 12, 19.1.2010, p. 11.

      (3)  OJ L 260, 2.10.2010, p. 20.

      (4)  OJ L 44, 14.2.2014, p. 48.


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31980D1270

80/1270/EEC: Council Decision of 22 December 1980 concerning a supplementary programme to combat poverty

Official Journal L 375 , 31/12/1980 P. 0068 - 0069 Greek special edition: Chapter 05 Volume 4 P. 0048

+++++( 1 ) OJ NO C 147 , 16 . 6 . 1980 , P . 65 .  ( 2 ) OJ NO C 113 , 7 . 5 . 1980 , P . 32 .  ( 3 ) OJ NO L 199 , 30 . 7 . 1975 , P . 34 .  ( 4 ) OJ NO L 322 , 17 . 12 . 1977 , P . 28 .  COUNCIL DECISION OF 22 DECEMBER 1980 CONCERNING A SUPPLEMENTARY PROGRAMME TO COMBAT POVERTY ( 80/1270/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 235 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,  HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ) ,  WHEREAS IN ITS DECISION 75/458/EEC OF 22 JULY 1975 CONCERNING A PROGRAMME OF PILOT SCHEMES AND STUDIES TO COMBAT POVERTY ( 3 ) , AS AMENDED BY DECISION 77/779/EEC ( 4 ) , THE COUNCIL EMPOWERED THE COMMISSION TO PROMOTE OR PROVIDE FINANCIAL ASSISTANCE FOR PILOT SCHEMES WHICH TEST AND DEVELOP NEW METHODS OF HELPING PERSONS BESET BY OR THREATENED WITH POVERTY IN THE COMMUNITY , AND TO PROMOTE , CARRY OUT OR PROVIDE FINANCIAL ASSISTANCE FOR PILOT STUDIES TO IMPROVE UNDERSTANDING OF THE NATURE , CAUSES , SCOPE AND MECHANICS OF POVERTY IN THE COMMUNITY , WITHIN THE LIMITS OF THE RELEVANT APPROPRIATIONS ENTERED IN THE BUDGETS OF THE COMMUNITIES FOR 1975 , 1976 , 1977 , 1978 AND 1979 ;  WHEREAS THE COMMISSION HAS ESTABLISHED A PROGRAMME CONSISTING OF :  - 29 PILOT SCHEMES AND STUDIES ,  - THE PREPARATION OF AN EVALUATION REPORT FOR THE PROGRAMME ,  - THE PREPARATION OF EIGHT NATIONAL REPORTS ON POVERTY AND MEASURES TAKEN TO COMBAT IT IN THE MEMBER STATES ;  WHEREAS , IN ACCORDANCE WITH ARTICLE 6 OF DECISION 75/458/EEC THE COMMISSION HAS SUBMITTED TO THE COUNCIL AND THE EUROPEAN PARLIAMENT A SECOND REPORT ON PROGRESS OF THE ACTIVITIES IN THIS FIELD ;  WHEREAS , IN ACCORDANCE WITH THE SAID PROVISION THE COMMISSION WILL SUBMIT , UPON COMPLETION OF THE PROGRAMME AND NOT LATER THAN 30 JUNE 1981 , A FINAL REPORT INCLUDING AN EVALUATION OF THE RESULTS OBTAINED ; WHEREAS WITHOUT PREJUDICE TO THIS REPORT , THE COMMISSION HAS ALREADY SUBMITTED AN INTERIM REPORT EVALUATING THE PROGRAMME ON THE BASIS OF THE PARTIAL DATA AVAILABLE ;  WHEREAS IT IS DESIRABLE , IN VIEW BOTH OF EXISTING BUDGETARY BALANCES AND THE APPROPRIATIONS PROVIDED FOR 1981 , TO PERMIT , UP TO THE AMOUNT OF THE REMAINING PAYMENT APPROPRIATIONS , THE CONTINUATION FOR ONE YEAR OF AN ACTION DESIGNED TO BROADEN AND SUPPLEMENT , THROUGH THE ORGANIZATION OF STUDIES AND SEMINARS , INFORMATION SUCH AS WILL ENABLE CERTAIN IMPORTANT ASPECTS OF THE PROGRAMME TO BE EVALUATED ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  WITHIN THE LIMITS OF THE APPROPRIATIONS REMAINING AVAILABLE UNDER ARTICLE 306 OF THE BUDGET OF THE EUROPEAN COMMUNITIES FOR 1980 , THE COMMISSION MAY , UNTIL 30 NOVEMBER 1981 , IN ORDER TO BROADEN AND SUPPLEMENT THE EVALUATION OF THE PROGRAMME TO COMBAT POVERTY , LAID DOWN UNDER ARTICLE 6 OF DECISION 75/458/EEC , FOR NO LATER THAN 30 JUNE 1981 , PROMOTE , COMPLETE , FINANCE OR CARRY OUT STUDIES AND SEMINARS INTENDED TO FILL GAPS IN VARIOUS IMPORTANT ASPECTS AS REGARDS COMBATING POVERTY AS DEFINED IN ARTICLE 1 OF THE SAID DECISION . THE COMMITMENT APPROPRIATIONS ENTERED IN THE 1981 BUDGET MAY BE USED UP TO THE AMOUNT OF THE REMAINING PAYMENT APPROPRIATIONS .  ARTICLE 2  AS REGARDS THE CONDITIONS FOR GRANTING COMMUNITY FINANCIAL ASSISTANCE AND FOR THE CONDUCT OF OPERATIONS , ARTICLES 2 , 3 , 4 AND 5 OF DECISION 75/458/EEC SHALL APPLY FOR THE PURPOSES OF THIS DECISION .  ARTICLE 3  THIS DECISION SHALL ENTER INTO FORCE ON THE FIFTH DAY FOLLOWING ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  IT SHALL TAKE EFFECT AS FROM 1 DECEMBER 1980 .  DONE AT BRUSSELS , 22 DECEMBER 1980 .  FOR THE COUNCIL  THE PRESIDENT  J . SANTER


title: 2012/735/EU: Council Decision of 31 May 2012 on the signing, on behalf of the Union, and provisional application of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part

text:
               21.12.2012

               EN

               Official Journal of the European Union

               L 354/1

         COUNCIL DECISION
   of 31 May 2012
   on the signing, on behalf of the Union, and provisional application of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part
   (2012/735/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 91, Article 100(2) and the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 19 January 2009, the Council authorised the Commission to negotiate a multiparty trade agreement on behalf of the European Union and its Member States with the Member countries of the Andean Community which shared the aim of reaching an ambitious, comprehensive and balanced trade agreement.

               (2)

               Those negotiations have been concluded and the Trade Agreement between the European Union its Member States, of the one part, and Colombia and Peru, of the other part (hereinafter referred to as ‘the Agreement’) was initialled on 23 March 2011.

               (3)

               Article 330(3) of the Agreement provides for its provisional application.

               (4)

               The Agreement should be signed on behalf of the Union and applied on a provisional basis, pending the completion of the procedures for its conclusion.

               (5)

               The Agreement does not affect the rights of investors of the Member States to benefit from any more favourable treatment provided for in any agreement relating to investment to which a Member State and a signatory Andean country are Parties.

               (6)

               The provisional application provided for in this Decision does not prejudge the allocation of competences between the Union and its Member States in accordance with the Treaties.

               (7)

               Pursuant to Article 218(7) of the Treaty, it is appropriate for the Council to authorise the Commission to approve certain limited modifications of the Agreement concerning geographical indications to be adopted by the Trade Committee, as proposed by the Subcommittee on Intellectual Property pursuant to Article 209(2) of the Agreement.

               (8)

               It is appropriate to set out the relevant procedures for the protection of those geographical indications which are given protection pursuant to the Agreement.

               (9)

               The Agreement should not be construed as conferring rights or imposing obligations which can be directly invoked before Union or Member State courts and tribunals,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Trade Agreement between the European Union and its Member States, of the one part, and Colombia and Peru, of the other part, is hereby authorised on behalf of the Union, subject to 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 Union.
   Article 3
   1.   The Agreement, with the exception of Articles 2, 202(1), 291 and 292 thereof, shall be applied on a provisional basis by the Union as provided for in Article 330(3) thereof, pending the completion of the procedures for its conclusion.
   2.   In order to determine the date of provisional application of the Agreement, the Council shall fix the date by which the notification referred to in Article 330(3) thereof is to be sent to Colombia and Peru. That notification shall include references to those provisions which are not to be provisionally applied.
   3.   The date from which the Agreement will be provisionally applied shall be published in the Official Journal of the European Union by the General Secretariat of the Council.
   Article 4
   For the purposes of Article 209(2) of the Agreement, modifications of the Agreement concerning geographical indications to be adopted by the Trade Committee, as proposed by the Subcommittee on Intellectual Property, shall be approved by the Commission on behalf of the Union. Where interested parties cannot reach agreement following objections relating to a geographical indication, the Commission shall adopt such a position on the basis of the procedure laid down in Article 15(2) of Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (1).
   Article 5
   1.   A name protected under Appendix 1 of Annex XIII (Lists of geographical indications) to the Agreement may be used by any operator marketing agricultural products, foodstuffs, wines, aromatised wines or spirits which comply with the corresponding specification.
   2.   The Member States and the institutions of the Union shall enforce the protection provided for in Article 210 of the Agreement, including at the request of an interested party.
   Article 6
   The applicable provision for the purposes of adopting the necessary implementing rules for the application of the rules contained in Appendix 2A and Appendix 5 of Annex II concerning the Definition of the concept of ‘originating products’ and methods of administrative cooperation, and Appendix 1 of Annex I concerning the Elimination of customs duties of the Agreement is Article 247a of Council Regulation (EEC) No 2913/92 of 12 October 1992 establishing the Community Customs Code (2).
   Article 7
   The Agreement shall not be construed as conferring rights or imposing obligations which can be directly invoked before Union or Member State courts and tribunals.
   Article 8
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 31 May 2012.

            For the Council

            The President

         P. OLSEN DYHR

      (1)  OJ L 93, 31.3.2006, p. 12.

      (2)  OJ L 302, 19.10.1992, p. 1.


Avis juridique important

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31993D0388

93/388/EEC: Commission Decision of 9 June 1993 terminating the examination procedure concerning illicit commercial practices within the meaning of Council Regulation (EEC) No 2641/84 consisting of the imposition in Japan of a port charge or fee used for the creation of a Harbour Management Fund

Official Journal L 166 , 08/07/1993 P. 0045 - 0045

COMMISSION DECISION of 9 June 1993 terminating the examination procedure concerning illicit commercial practices within the meaning of Council Regulation (EEC) No 2641/84 consisting of the imposition in Japan of a port charge or fee used for the  creation of a Harbour Management Fund(93/388/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2641/84 of 17 September 1984 on the strengthening of the common commercial policy with regard in particular to protection against illicit commercial practices (1), and in particular Article 9 thereof,  After consultation within the Advisory Committee in accordance with the abovementioned Regulation.  Whereas:  (1) On 9 March 1992, the Commission decided to suspend (2) the examination procedure under Regulation (EEC) No 2641/84 (3) which it had been conducting since 16 February 1991 into the matter of the Japanese Harbour Management Fund.  (2) This suspension was justified by formal assurances which the Commission had received from the Japanese Government that the Harbour Management Fund would be discontinued after 31 March 1992, that it would not continue in a different guise, and that  the views of foreign shipping lines regarding the utilization of the money collected and not yet disbursed would be adequately reflected. The suspension would be reviewed by the Commission once sufficient time had elapsed after the discontinuation of  the Harbour Management Fund to give a reasonable guarantee that the scheme would not be re-introduced in a different form.  (3) Since then, the Commission has determind that the Japanese Harbour Management Fund was effectively discontinued on 31 March 1992, that it has not been continued in a different guise and, finally, that the money collected and not yet disbursed has  been used for projects of some benefit to Community shipping lines. Given the amount of time that has expired since the suspension of the examination procedure, the Commission considers it to be in the Community interest that the examination procedure  now be terminated.  (4) The Commission has informed the complainant and the Japanese Government of its conclusions and the principal underlying facts and,  HAS DECIDED AS FOLLOWS:  Sole Article  The examination procedure concerning illicit commercial practices within the meaning of Regulation (EEC) No 2641/84 consisting to the imposition in Japan of a port charge or fee for the creation of the Harbour Management Fund is herewith  terminated.  Done at Brussels, 9 June 1993.  For the Commission Leon BRITTAN Member of the Commission (1) OJ No L 252, 20. 9. 1984, p. 1.  (2) For the suspension, see OJ No L 74, 20. 3. 1992, p. 47.  (3) For the initiation, see OJ No C 40, 16. 2. 1991, p. 18. The examination procedure was extended in OJ No C 287, 5. 11. 1991, p. 5.


Avis juridique important

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31974Y0823(04)

Decision No 95 of 24 January 1974 concerning the interpretation of Article 46 (2) of Regulation (EEC) No 1408/71 on the calculation of pro rata pensions

Official Journal C 099 , 23/08/1974 P. 0005 - 0005 Spanish special edition: Chapter 05 Volume 2 P. 0034  Portuguese special edition Chapter 05 Volume 2 P. 0034

DECISION No 95  of 24 January 1974  concerning the interpretation of Article 46 (2) of Regulation (EEC) No 1408/71 on the calculation of pro rata pensions    THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,  Having regard to Article 81 (a) of Regulation (EEC) No 1408/71 under which it is made responsible for dealing with all questions of interpretation arising from Regulation (EEC) Nos 1408/71 and 574/72;  Having been requested to decide whether, for the purpose of applying Article 46 (2) of Regulation (EEC) No 1408/71, when the person concerned has been subject to legislation which provides that the amount of benefits is determined by taking into account periods presumed to have been completed after the occurrence of the event insured against, the competent institution administering that legislation should take these periods into consideration solely for calculating the theoretical amount referred to in Article 46 (2) (a) or also for calculating the actual amount of benefit referred to in Article 46 (2) (b) of the said Regulation;  Whereas if, pursuant to Article 46 (2) (a), the theoretical amount is calculated by taking into account all the periods completed under the legislation of the Member States to which the person concerned has been subject, Article 46 (2) (b) provides that the actual amount of the benefit must be established on the basis of the theoretical amount ; the length of the periods of insurance or residence completed before the occurrence of the event insured against under the legislation administered by that institution pro rata with the total length of the insurance or residence periods completed before the occurrence of the event insured against under the legislation of all the Member States concerned;  Acting in accordance with the provisions of Article 80 (3) of Regulation (EEC) No 1408/71;  HAS DECIDED AS FOLLOWS:       1. The competent institution of a Member State whose legislation provides that the amount of benefits must be determined by taking into account periods presumed to have been completed after the occurrence of the event insured against shall take these periods into consideration solely for calculating the theoretical amount referred to in Article 46 (2) (a) of Regulation No 1408/71, and not for calculating the actual amount referred to in Article 46 (2) (b) of that Regulation.       2. This Decision shall be published in the Official Journal of the European Communities. It shall be applicable in the six original Member States as from 1 October 1972 and, in accordance with the Treaty of Accession, as from 1 April 1973 in the three new Member States.           The Chairman of the Administrative Commission  K. JANTZ


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31984D0382

84/382/EEC: Council Decision of 19 July 1984 amending the amount of the daily allowance granted to members of the Economic and Social Committee

Official Journal L 208 , 03/08/1984 P. 0052 - 0052 Spanish special edition: Chapter 01 Volume 6 P. 0063  Portuguese special edition Chapter 01 Volume 6 P. 0063

*****COUNCIL  DECISION  of 19 July 1984  amending the amount of the daily allowance granted to members of the Economic and Social Committee  (84/382/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing a single Council and a single Commission of the European Communities, and in particular Article 6 thereof,  Whereas the amount of the daily allowance granted to members of the Economic and Social Committee should be adjusted,  HAS DECIDED AS FOLLOWS:  Article 1  Council Decision 81/121/EEC of 3 March 1981 on the granting of daily allowances and the reimbursement of travelling expenses of members of the Economic and Social Committee, alternates and experts (1), as amended by Decision 82/868/EEC (2), is hereby amended as follows:  In the first indent of Article 2, 'Bfrs 3 450' is replaced by 'Bfrs 3 600'.  Article 2  This Decision shall take effect on 1 January 1985.  Done at Brussels, 19 July 1984.  For the Council  The President  J. O'KEEFFE  (1) OJ No L 67, 12. 3. 1981, p. 29.  (2) OJ No L 368, 28. 12. 1982, p. 39.


title: 2008/121/EC: Decision of the European Central Bank of 17 December 2007 amending Decision ECB/2006/17 on the annual accounts of the European Central Bank (ECB/2007/21)

text:
               16.2.2008

               EN

               Official Journal of the European Union

               L 42/83

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 17 December 2007
   amending Decision ECB/2006/17 on the annual accounts of the European Central Bank
   (ECB/2007/21)
   (2008/121/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, and in particular Article 26.2 thereof,
   Whereas:

               (1)

               Decision ECB/2006/17 of 10 November 2006 on the annual accounts of the European Central Bank (1) (ECB) does not contain specific rules on the capitalisation of costs related to the acquisition of intangible assets. It is desirable for reasons of clarity to insert a rule specifying the current practice.

               (2)

               Article 14(2) of Guideline ECB/2007/2 of 26 April 2007 on a Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2) (2) provides that the TARGET2 system will replace the current TARGET system. The national central banks (NCBs) of Member States that have adopted the euro (hereinafter the participating Member States) will migrate to TARGET2 in accordance with the schedule specified in Article 13 of Guideline ECB/2007/2. Furthermore, certain NCBs of Member States that have not adopted the euro will connect to TARGET2 on the basis of a separate agreement with the ECB and the NCBs of participating Member States. It is therefore necessary to amend references to ‘TARGET’ in Decision ECB/2006/17,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Amendments
   Decision ECB/2006/17 is amended as follows:

               1.

               the following Article 10a is inserted:
               ‘Article 10a
               Synthetic instruments
               The accounting treatment of synthetic instruments shall be in accordance with Article 9a of Guideline ECB/2006/16.’;

               2.

               Annex I to Decision ECB/2006/17 is amended in accordance with the Annex to this Decision.

         Article 2
   Final provision
   This Decision shall enter into force on 1 January 2008.

      Done at Frankfurt am Main, 17 December 2007.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 348, 11.12.2006, p. 38.

      (2)  OJ L 237, 8.9.2007, p. 1.

      ANNEX
      Annex I to Decision ECB/2006/17 is amended as follows:

                  1.

                  in the table headed ‘Assets’, in relation to balance sheet item 11.2 (Tangible and intangible fixed assets), the following sentence is added at the end of the column headed ‘Valuation principle’:
                  ‘The cost of intangible assets includes the price for the acquisition of the intangible asset. Other direct or indirect costs are to be expensed.’;

                  2.

                  the word ‘TARGET’ is replaced by the words ‘TARGET/TARGET2’ in the following provisions:

                              (a)

                              in the table headed ‘Assets’, in relation to balance sheet item 9.3; and

                              (b)

                              in the table headed ‘Liabilities’, in relation to balance sheet items 6 and 10.2.


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32003D0589

2003/589/EC: Council Decision of 21 July 2003 concerning the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Republic of Chile

Official Journal L 199 , 07/08/2003 P. 0019 - 0019

Council Decisionof 21 July 2003concerning the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Republic of Chile(2003/589/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 170(2) thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) and Article 300(3) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The Commission has negotiated with the Republic of Chile, on behalf of the Community, an Agreement for scientific and technological cooperation.(2) This Agreement was signed, on behalf of the Community, on 23 September 2002 in Brussels, subject to a possible conclusion at a later date.(3) The Agreement should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement for scientific and technological cooperation between the European Community and the Republic of Chile is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2The President of the Council shall, on behalf of the Community, give the notification provided for in Article 11 of the Agreement.Done at Brussels, 21 July 2003.For the CouncilThe PresidentF. Frattini(1) Proposal of 24 February 2003 (not yet published in the Official Journal).(2) Opinion of 3 June 2003 (not yet published in the Official Journal).


title: Council Decision of 17 January 1978 appointing two alternate members of the Advisory Committee on Safety, Hygiene and Health Protection at Work

text:
No L 18 / 6                             Official Journal of the European Communities                               24 . 1 . 78
                                                                  II
                                           (Acts whose publication is not obligatory)
                                                       COUNCIL
                                                    COUNCIL DECISION
                                                        17 January 1978
             appointing two alternate members of the Advisory Committee on Safety,
                                         Hygiene and Health Protection at Work
                                                           (78 / 57/ EEC)
THE COUNCIL OF THE EUROPEAN                                            Hygiene and Health Protection at Work in the
COMMUNITIES ,                                                          employers' representatives category,
Having regard to the Treaty establishing the European
Economic Community,                                                    HAS DECIDED AS FOLLOWS :
Having regard to the Council Decision of 27 June                                             Sole Article
1974 on the setting up of an Advisory Committee on
Safety, Hygiene and Health Protection at Work ('),                     Mr Delage and Mr Frederic-Moreau are hereby
and in particular Article 4 thereof,                                   appointed alternates to Mr Tassin and Mr Cave respec
                                                                       tively on the Advisory Committee on Safety, Hygiene
Having regard to the Council Decision of 5 May 1975                    and Health Protection at Work for the remainder of
appointing the full members and alternate members                      the Committee's term of office , which runs until 4
of the Advisory Committee on Safety, Hygiene and                       May 1978 .
Health Protection at Work for the period ending 4
May 1978 ,
                                                                       Done at Brussels, 17 January 1978 .
Whereas, in accordance with a request from the
Conseil National du Patronat Français ( French
                                                                                For the Council
National Council of Employers) which was brought to
the attention of the Council on 15 December 1977,                                                   The President
an exchange should be made between two alternate
members of the Advisory Committee on Safety,                                                      K. B. ANDERSEN
 ') OJ No L 185 , 9 . 7 . 1974, p. 15 .


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32003D0708

2003/708/EC: Commission Decision of 7 October 2003 amending Annex E to Council Directive 91/68/EEC and Annexes I and II to Decision 93/198/EEC as regards the updating of the model health certificates relating to ovine and caprine animals (Text with EEA relevance) (notified under document number C(2003) 3511)

Official Journal L 258 , 10/10/2003 P. 0011 - 0034

Commission Decisionof 7 October 2003amending Annex E to Council Directive 91/68/EEC and Annexes I and II to Decision 93/198/EEC as regards the updating of the model health certificates relating to ovine and caprine animals(notified under document number C(2003) 3511)(Text with EEA relevance)(2003/708/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 72/462/EEC of 12 December 1972 on health and veterinary inspection problems upon importation of bovine, ovine and caprine animals and swine, fresh meat or meat products from third countries(1), as last amended by Regulation (EC) No 807/2003(2), and in particular Article 11 thereof,Having regard to Council Directive 91/68/EEC of 28 January 1991 on animal health conditions governing intra-Community trade in ovine and caprine animals(3), as last amended by Council Directive 2003/50/EC(4), and in particular Article 14(2) thereof,Whereas:(1) The specimen veterinary certificate for trade in ovine and caprine animals for breeding is set down in Model III of Annex E to Directive 91/68/EEC.(2) Commission Decision 93/198/EEC of 17 February 1993, as last amended by Decision 2002/261/EC(5), lays down a model for the animal health conditions and veterinary certification for the importation of domestic ovine and caprine animals from third countries(6).(3) In accordance with Part I of Chapter A of Annex VIII and Chapter E of Annex IX to Regulation (EC) No 999/2001 of the European Parliament and of the Council of 22 May 2001 laying down rules for the prevention, control and eradication of certain transmissible spongiform encephalopathies(7), as last amended by Commission Regulation (EC) No 1234/2003(8), certain restrictions on trade in and imports of ovine and caprine animals have been removed under the condition that these animals are of the ARR/ARR prion protein genotype.(4) It is necessary to align the animal health certificate Model III in Annex E to Directive 91/68/EEC and the model certificates in Annexes I and II to Decision 93/198/EEC with the updated rules.(5) Directive 91/68/EEC and Decision 93/198/EEC should therefore be amended accordingly.(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 ADOPTED THIS DECISION:Article 1Model III in Annex E to Directive 91/68/EEC is replaced by the text in Annex I to this Decision.Article 2Decision 93/198/EEC is amended as follows:1. Annex I is replaced by the text in Annex II to this Decision.2. Annex II is replaced by the text in Annex III to this DecisionArticle 3This Decision shall apply from 13 October 2003.Article 4This Decision is addressed to the Member States.Done at Brussels, 7 October 2003.For the CommissionDavid ByrneMember of the Commission(1) OJ L 302, 31.12.1972, p. 28.(2) OJ L 122, 16.5.2003, p. 36.(3) OJ L 46, 19.2.1991, p. 19.(4) OJ L 169, 8.7.2003, p. 51.(5) OJ L 86, 6.4.1993, p. 34.(6) OJ L 91, 6.4.2002, p. 31.(7) OJ L 147, 31.5.2001, p. 1.(8) OJ L 173, 11.7.2003, p. 6.ANNEX I"Model III>PIC FILE= "L_2003258EN.001302.TIF">>PIC FILE= "L_2003258EN.001401.TIF">>PIC FILE= "L_2003258EN.001501.TIF">>PIC FILE= "L_2003258EN.001601.TIF">"ANNEX II"ANNEX IPART 1(a)>PIC FILE= "L_2003258EN.001703.TIF">>PIC FILE= "L_2003258EN.001801.TIF">>PIC FILE= "L_2003258EN.001901.TIF">>PIC FILE= "L_2003258EN.002001.TIF">PART 1(b)>PIC FILE= "L_2003258EN.002101.TIF">>PIC FILE= "L_2003258EN.002201.TIF">>PIC FILE= "L_2003258EN.002301.TIF">>PIC FILE= "L_2003258EN.002401.TIF">"ANNEX III"ANNEX IIPART 1(a)>PIC FILE= "L_2003258EN.002503.TIF">>PIC FILE= "L_2003258EN.002601.TIF">>PIC FILE= "L_2003258EN.002701.TIF">>PIC FILE= "L_2003258EN.002801.TIF">>PIC FILE= "L_2003258EN.002901.TIF">PART 1(b)>PIC FILE= "L_2003258EN.003001.TIF">>PIC FILE= "L_2003258EN.003101.TIF">>PIC FILE= "L_2003258EN.003201.TIF">>PIC FILE= "L_2003258EN.003301.TIF">>PIC FILE= "L_2003258EN.003401.TIF">"


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41983D0275

83/275/ECSC: Decision of the Commission and of the Representatives of the Governments of the Member States, meeting within the Council, of 26 May 1983 on the conclusion of the Additional Protocol annexed, following the accession of the Hellenic Republic to the European Communities, to the Protocol concerning commercial and economic cooperation between the European Coal and Steel Community and the Federative Republic of Brazil

Official Journal L 150 , 08/06/1983 P. 0033 - 0034 Finnish special edition: Chapter 11 Volume 11 P. 0011  Spanish special edition: Chapter 11 Volume 18 P. 0228  Swedish special edition: Chapter 11 Volume 11 P. 0011  Portuguese special edition Chapter 11 Volume 18 P. 0228

*****DECISION  OF THE COMMISSION AND OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL  of 26 May 1983  on the conclusion of the Additional Protocol annexed, following the accession of the Hellenic Republic to the European Communities, to the Protocol concerning commercial and economic cooperation between the European Coal and Steel Community and the Federative Republic of Brazil  (83/275/ECSC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES AND THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL,  Having regard to the Treaty establishing the European Coal and Steel Community,  Having regard to the 1979 Act of Accession, and in particular Article 4 (2) thereof,  Whereas by this provision the Hellenic Republic undertakes to accede to agreements or conventions concluded by the Member States of the Community of Nine and any of the Communities, acting jointly; whereas the Community and the said Member States are to assist the Hellenic Republic in this respect;  Whereas to this end it is necessary to approve the Additional Protocol annexed to the Protocol concerning commercial and economic cooperation between the European Coal and Steel Community and the Federative Republic of Brazil, signed on 18 September 1980,  HAVE DECIDED AS FOLLOWS:  Article 1  The Additional Protocol annexed, following the accession of the Hellenic Republic to the European Communities, to the Protocol concerning commercial and economic cooperation between the European Coal and Steel Community and the Federative Republic of Brazil is hereby approved on behalf of the Community and its Member States.  The text of the Additional Protocol is attached to this Decision. Article 2  The President of the Commission shall give the notification provided for in Article 3 of the Additional Protocol.  Article 3  This Decision shall be published in the Official Journal of the Communities.  Done at Brussels, 26 May 1983.  1.2 // For the Commission Wilhelm HAFERKAMP  // For the representatives of the Governments of the Member States, meeting within the Council Otto Graf LAMBSDORFF


European Parliament decision on the implementation of the Interinstitutional Agreement governing European Parliament access to sensitive Council information in the sphere of security and defence policy


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31999D0438

1999/438/EC: Council Decision of 20 May 1999 concerning the Joint Supervisory Authority set up under Article 115 of the Convention applying the Schengen Agreement of 14 June 1985, on the gradual abolition of checks at common borders, signed on 19 June 1990

Official Journal L 176 , 10/07/1999 P. 0034 - 0034

COUNCIL DECISIONof 20 May 1999concerning the Joint Supervisory Authority set up under Article 115 of the Convention applying the Schengen Agreement of 14 June 1985, on the gradual abolition of checks at common borders, signed on 19 June 1990(1999/438/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Protocol integrating the Schengen Acquis into the framework of the European Union, and in particular Article 2 thereof,(1) Whereas under Article 115 of the Convention applying the Schengen Agreement of 14 June 1985, on the gradual abolition of checks at common borders, signed on 19 June 1990, a Joint Supervisory Authority has been set up, with responsibility for supervising the technical support function of the Schengen Information System ("SIS") and for examining other matters concerning the application of the provisions relating to the SIS and the protection of personal data;(2) Whereas this is an independent authority which cannot be assimilated to a committee or a working party of the Council within the meaning of Article 19 of the Council's Rules of Procedure;(3) Whereas the Joint Supervisory Authority has drawn up its own Rules or Procedure of 2 February 1996, last amended on 27 April 1998, to which it should make consequential amendments further to the integration of the Schengen Acquis into the framework of the European Union;(4) Whereas the Rules of Procedure of the Joint Supervisory Authority should also be considered as forming part of the Schengen Acquis in the widest sense, whose continued operation within the framework of the European Union should be preserved from the logistical and financial points of view;(5) Considering that this is a decision designed to ensure the smooth functioning of the Joint Supervisory Authority in the course of the entry into force of the Treaty of Amsterdam;(6) Taking account of the particularly special status of the Joint Supervisory Authority;(7) Having given an opportunity to the Joint Supervisory Authority to express its views,DECIDES:1. The General Secretariat of the Council of the European Union shall provide the facilities for meetings of the Joint Supervisory Authority and shall assist them in the same way as it assists the working parties of the Council.2. The General Secretariat of the Council shall act as Secretariat for the Joint Supervisory Authority. The Secretariat shall put itself at the disposal of the Chairman of the Joint Supervisory Authority.3. The Chairmanship of the Joint Supervisory Authority shall set, subject to prior agreement of the Presidency of the Council, the dates for the meetings of the Joint Supervisory Authority to be convened in the premises of the Council in Brussels.4. Travelling expenses for meetings in Brussels and the carrying out of controls at the C.SIS shall be charged to the budget of the Council and shall be dealt with in accordance with the Decision of the Secretary-General of the Council of 21 May 1997.5. The persons to be reimbursed travelling expenses shall be:- with regard to each Member State referred to in Article 1 of the Protocol integrating the Schengen Acquis into the framework of the European Union, as well as every other Member State taking part in the provisions of this Acquis relating to the SIS, in respect of meetings of the Joint Supervisory Authority: two representatives of the national authority, as referred to in Article 2(1) of the Rules of Procedure of the Joint Supervisory Authority,- the experts referred in Article 2(5) of the Rules of Procedure of the Joint Supervisory Authority.6. The expenses covered by this Decision shall be imputed to post 2501 of Section II (Council) of the general budget.Done at Brussels, 20 May 1999.For the CouncilThe PresidentE. BULMAHN


title: 76/624/EEC: Council Decision of 20 July 1976 on the conclusion of the Agreement in the form of an exchange of letters amending the convention between the European Economic Community and the United Nations relief and Works Agency for Palestine refugees (UNRWA) signed on 18 December 1972

text:
29. 7. 76                          Official Journal of the European Communities                       No L 203/43
                                               COUNCIL DECISION
                                                   of 20 July 1976
               on the conclusion of the Agreement in the form of an exchange of letters
               amending the Convention between the European Economic Community and the
               United Nations Relief and Works Agency for Palestine Refugees (UNRWA)
                                            signed on 18 December 1972
                                                     (76/624/EEC)
THE COUNCIL OF THE EUROPEAN                                   HAS DECIDED AS FOLLOWS :
COMMUNITIES,                                                                        Article 1
Having regard to the Treaty establishing the European         The Agreement in the form of an exchange of letters
Economic Community, and in particular Articles 113,           amending the Convention between the European
114 and 228 thereof,                                          Economic Community and the United Nations Relief
Having regard to the recommendation from the                  and Works Agency for Palestine Refugees (UNRWA)
Commission,                                                   signed on 18 December 1972 is hereby concluded on
                                                              behalf of the Community.
Whereas on 18 December 1972 the European                      The text of the Agreement is annexed to this Deci
Economic Community signed a Convention (')                    sion .
concerning aid to refugees in the countries of the
Middle East for a period of three years ;                                           Article 2
Whereas owing to the market situation, the Commu             The President of the Council is hereby authorized to
nity has been unable to provide UNRWA with the                designate the persons empowered to sign the Agree
whole of the 6 000 metric tons of sugar due under             ment and to confer on them the necessary powers to
Article II ( 1 ) of the Convention ; whereas UNRWA            bind the Community.
has been obliged to buy 2 000 metric tons of sugar
from its own resources ; whereas the Community                Done at Brussels, 20 July 1976.
should reimburse UNRWA according to the Commu
nity price plus transport in order to fulfil its obliga                                 For the Council
tions under the Convention ;
                                                                                The President
Whereas the Convention should be amended to this
effect,                                                                                M. van der STOEL
(!) OJ No L 304, 31 . 12. 1972, p. 24.


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31987D0072

87/72/EEC: Commission Decision of 7 January 1987 on the setting-up of an Advisory Committee on Pigmeat

Official Journal L 045 , 14/02/1987 P. 0007 - 0009 Finnish special edition: Chapter 3 Volume 22 P. 0143  Swedish special edition: Chapter 3 Volume 22 P. 0143

COMMISSION DECISION of 7 January 1987 on the special Rice Section of the Advisory Committee on Cereals (87/72/EEC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas the special Rice Section of the Advisory Committee on Cereals was set up by Commission Decision 64/436/EEC (1), as last amended by Decision 83/77/EEC (2);  Whereas, following the accession of new Member States to the Community, the number of seats on the Committee should be increased and they should be reallocated; whereas the procedure for the replacement of members should also be adjusted;  Whereas the provisions concerning the special Rice Section of the Advisory Committee on Cereals have been amended several times and have therefore become difficult to apply; whereas they should therefore be consolidated;  Whereas the Commission should seek the views of producers, traders and consumers on matters arising in connection with the operation of the common organization of the market in rice;  Whereas all the occupations directly involved in the implementation of the market organization in question, and also consumers, must have an opportunity to participate in the drafting of the opinions requested by the Commission;  Whereas the trade associations concerned and the consumer groups in the Member States have set up organizations at Community level which are in a position to represent those concerned in all the Member States,  HAS DECIDED AS FOLLOWS:    Article 1 1.  There shall be attached to the Commission a special Rice Section of the Advisory Committee on Cereals; hereinafter called the 'Section'.  2.  The Section shall be composed of representatives of the following interests: growers, cooperatives, the processing and food-manufacturing industries, traders in agricultural (3) OJ No 122, 29. 7. 1964, p. 2051/64.  (4) OJ No L 51, 24. 2. 1983, p. 34.  produce and foodstuffs, agricultural workers and workers in the processing and food-manufacturing industries, consumers.  Article 2 1.  The Section may be consulted by the Commission on any problem concerning the operation of Regulations on the common organization of the market in rice and in particular on measures to be adopted by the Commission under those Regulations.  2.  The chairman of the Section may indicate to the Commission the desirability of consulting the Section on any matter within the latter's competence on which its opinion has not been sought. He shall do so, in particular, at the request of one of the interests represented.  Article 3 1.  The Section shall consist of 28 members.  2.  Seats shall be apportioned as follows:  - 14 to rice growers and cooperatives of the sector,  - three to representatives of the rice-milling industries,  - one to a representative of the industries using rice and broken rice,  - three to representatives of the wholesale rice trade,  - four to representatives of agricultural workers and of workers in the food-manufacturing industry,  - three to consumers' representatives.  Article 4 1.  Members of the Section shall be appointed by the Commission on proposals from the trade workers' organizations set up at Community level which are most representative of the interests specified in Article 1 (2) and whose activities come within the scope of the common organization of the market in  rice; consumers' representatives shall be appointed on proposals from the Consumers' Advisory Committee.  Those bodies shall for each seat to be filled put forward the names of two candidates of different nationality.  2.  The term of office for members of the Section shall be three years. Their appointments may be renewed. Members shall not be remunerated for their services.  After expiry of the three years, members of the Section shall remain in office until they are replaced or until their appointments are renewed.  In the event to the resignation or decease of a member or a request from the body having proposed a member that he be replaced, he shall be replaced in accordance with the procedure laid down in paragraph 1.  3.  A list of the members of the Section shall be published by the Commission, for information purposes, in the Official Journal of the European Communities.  Article 5 1.  After consulting the Commission, the Section shall elect a chairman for a period of three years.  The chairman shall be elected, in the case of the first ballot, by a two-thirds majority of the members present and, in the case of subsequent ballots, by a simple majority of the members present. In the event of a tie, the Commission shall provide a  chairman on a temporary basis.  2.  The Section shall elect two vice-chairmen for a period of three years.  The vice-chairmen may not represent the same interest as the chairman.  The election shall take place in accordance with the procedure laid down in paragraph 1.  The Section may, in accordance with the same procedure, elect other officers. In that case, the officers other than the chairman shall include not more than one representative of each interest represented on the Section.  The officers shall prepare and organize the work of the Section.  Article 6 1.  Only the Commission representatives, the members of the Sections, or persons replacing them in their absence, and persons invited in accordance with paragaph 3 and 4 may participate in or attend meetings.  2.  Should a member be unable to attend a meeting, the organization or organizations to which a seat is allocated may appoint a person to take his place. This person shall be selected from a list drawn up by mutual agreement between the Commission and  the organization or organizations in question and containing a number of names equal to half the total numbers of members representing the organization or organizations in question. This number shall be not less than one and not more than 12.  The secretariat of the Section must be informed of such replacement of a member at least seven days before a meeting.  3.  At the request of an organization to which one or more seats are allocated, the chairman may, in agreement with the Commission staff, invite its general secretary or a member of its secretariat to attend the meetings of the Section as an observer.  Should he be unable to attend, however, the general secretary may have his seat as an observer taken by another person designated by him.  Observers shall not have the right to speak. They may, however, be invited to do so by the chairman in agreement with the Commission staff.  4.  At the request of an organization to which one or more seats are allocated, and when the matters on the agenda are of a highly technical nature outside the normal framework of the deliberations of the Section, the chairman may, in agreement with the  Commission staff, invite one or more experts to take part in the deliberations of the Section.  The Commission may, on its own initiative, invite any person particularly well qualified in one of the subjects on the agenda to take part in the deliberations of the Section as an expert.  However, experts shall participate only in the discussion of the matter concerning which they were invited to attend.  Article 7 In agreement with the Commission staff, the Section may set up working groups to facilitate its work.  Article 8 1.  The Sections shall be convened by the Commission and shall meet at Commission headquarters. Meetings of the officers shall be convened by the chairman by arrangement with the Commission.  2.  Representatives of the Commission departments concerned shall take part in meetings of the Section, its officers and working groups.  3.  Secretarial services for the Section, its officers and working groups shall be provided by the Commission.  Article 9 The Section shall discuss matters on which the Commission has requested an opinion. No vote shall be taken.  The Commission may, when seeking the opinion of the Section, set a time limit within which such opinion shall be given.  The views expressed by the various interests represented shall be included in a report forwarded to the Commission.  In the event of unanimous agreement being reached in the Section on the opinion to be given, the Committee shall formulate joint conclusions and attach them to the report.  The outcome of the Section's discussions shall on request be communicated by the Commission to the Council and to the Management Committees.  Article 10 Without prejudice to the provisions of Article 214 of the Treaty, where the Commission informs them that the opinion requested or the question raised is on a matter of a confidential nature, members of the Section shall be under an obligation  not to disclose information which has come to their knowledge through the work of the Section or of its working groups.  In such cases, only members of the Section and representatives of the Commission departments concerned may be present at meetings.  Article 11 Commission Decision 64/436/EEC is hereby repealed.  Article 12 This Decision shall enter into force on 1 January 1987.   Done at Brussels, 7 January 1987.  For the Commission Frans ANDRIESSEN Vice-President EWG:L111UMBE02.95 FF: 1UEN;   SETUP: 01;   Hoehe: 1303 mm;   200 Zeilen;   9247 Zeichen;  Bediener: MIKE   Pr.: C;  Kunde: ................................


title: EFTA Surveillance Authority Decision No 492/09/COL of 2 December 2009 Complaint by Norsk Lotteridrift ASA against alleged State aid in favour of Norsk Tipping AS (NORWAY)

text:
               24.6.2010

               EN

               Official Journal of the European Union

               L 157/12

         EFTA SURVEILLANCE AUTHORITY DECISION
   No 492/09/COL
   of 2 December 2009
   Complaint by Norsk Lotteridrift ASA against alleged State aid in favour of Norsk Tipping AS (NORWAY)
   THE EFTA SURVEILLANCE AUTHORITY (1),
   Having regard to the Agreement on the European Economic Area (2), in particular to Articles 61 to 63 thereof and Protocol 26,
   Having regard to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (3), in particular to Article 24 thereof,
   Having regard to Article 1(3) of Part I of Protocol 3 to the Surveillance and Court Agreement (4),
   Having regard to the Authority’s Guidelines on the application and interpretation of Articles 61 and 62 of the EEA Agreement (5),
   WHEREAS:
   I.   FACTS

   1.   Procedure

   On 12 October 2004, the Authority received a complaint by Norsk Lotteridrift ASA concerning alleged State aid in favour of Norsk Tipping AS (Event No 295765).
   By letter dated 22 October 2004 (Event No 296715), the Authority asked the complainant to provide some additional information on certain specific points.
   By letter dated 15 November 2004 (Event No 299345), the complainant provided the Authority with its answers to the questions raised.
   By letter dated 8 December 2004 (Event No 300861), the Authority provided the Norwegian authorities with a copy of the complaint and asked them to submit comments and additional information.
   By letter dated 10 February 2005 (Event No 308469), the Norwegian authorities provided the Authority with their comments and additional information.
   There was no exchange of correspondence after that date.
   By letter dated 12 March 2008 (Event No 469510), the lawyer representing the complainant informed the Authority that Norsk Lotteridrift ASA was dissolved and no longer wished to pursue the complaint, which was consequently withdrawn.
   2.   Grounds of the complaint

   Norsk Lotteridrift ASA was the largest company in Norway operating so called Amusement With Price machines (gaming machines, hereafter referred to as ‘AWP’). Norsk Tipping AS is Norway’s largest gaming company and wholly owned by the Norwegian State. Until 2003, Norsk Tipping AS was not operating on the market of AWP machines.
   In June 2003, legislation was passed giving Norsk Tipping AS an exclusive right to operate such machines. As from 1 January 2006, Norsk Tipping AS would be the only company operating AWP machines in Norway.
   During the transitional period from June 2003 to 1 January 2006, Norsk Tipping AS started introducing its first AWP machines while the existing operators were forced to withdraw from the market as the authorisations to operate such machines were progressively expiring. During the transitional period, Norsk Lotteridrift ASA and Norsk Tipping AS were therefore competing on the same market. Presently, Norsk Tipping AS enjoys an exclusive right to operate AWP in Norway (6).
   Norsk Lotteridrift ASA complained that, in a situation where Norsk Tipping AS was competing with other operators of AWP machines, two measures in favour of Norsk Tipping AS distorted competition and affected trade between the Contracting Parties.
   The complainant referred to the two following elements:

               —

               firstly, Norsk Tipping AS did not pay corporate tax whereas the private operators were subject to the tax (2.1),

               —

               secondly, the complainant argued that Norsk Tipping AS enjoyed much more flexibility in determining what revenues to donate to charities as it paid its contributions to charity from its net surplus, whereas private operators had to pay 40 % of the income of each machine to charity (2.2).

         2.1.   Exemption to pay corporate tax

   Section 2-30(g) No 3 (previously No 5) of the Tax Act No 14 of 26 March 1999 provides that Norsk Tipping AS was exempted from corporate tax. This provision must be read in conjunction with Act No 103 of 28 August 1992 relating to Money Games (hereinafter ‘the Money Games Act’) which provided that Norsk Tipping AS was obliged to pay all its profits after allocation to reserves for the investment fund (7).
   The complainant — which was subject to the obligation to pay corporate tax — argued that the possibility for Norsk Tipping AS to benefit from such an exemption constituted State aid.
   2.2.   Possibility for Norsk Tipping AS to determine its own profits

   Regulation No 960 of 22 September 2000 regarding permission to set up AWP machines provided that such permissions would be granted on the following conditions: a minimum of 40 % of the surplus from each machines was to be paid to charity, a maximum of 20 % was paid to the owner of the premises where the machines are placed and a maximum of 40 % was kept by the operator. This regulation did not apply to Norsk Tipping AS (8).
   The activities of Norsk Tipping AS were regulated by the Money Games Act which provided that Norsk Tipping AS’ profit, after allocations to reserves, must be paid to charities.
   The complainant argued that Norsk Tipping AS benefited from a much greater flexibility than its competitors. Indeed, it argued that ‘it is a total different matter to pay parts of the net surplus from the combined activities of a company to charities, as compared to paying a fixed percentage of the surplus from each machine to charities regardless of the general profitability of the company’. Norsk Lotteridrift ASA considered that Norsk Tipping AS benefited from a greater flexibility when determining its budget and especially when deciding to make necessary investments in a situation where new investments were needed. The legislation did not contain any limitations as to the size of the reserves for the investment fund or any minimum requirement as to the level of the payments to be made to charities. Norsk Tipping AS had the option to make the necessary allocations to reserves for such investments while the competitors such as Lotteridrift ASA had less possibilities.
   The complainant argued that such a benefit constituted aid within the meaning of Article 61 EEA.
   II.   ASSESSMENT

   1.   The presence of State aid

   Article 61(1) EEA reads as follows:

      ‘Save as otherwise provided in this Agreement, any aid granted by EC Member States, EFTA States or through State resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the production of certain goods shall, in so far as it affects trade between Contracting Parties, be incompatible with the functioning of this Agreement.’

   In its assessment of the complaint, the Authority will examine successively the two grounds of the complaint.
   2.   Exemption to pay corporate tax

   The measure must be granted by the State or through state resources.
   The Authority takes the view that through the grant of the exemption, the Norwegian State renounced tax revenue which it would normally have received. The absence of these funds represented a burden on state resources from charges that are normally borne from the budgets of undertakings (9). A loss of tax revenue is equivalent to the consumption of State resources in the form of fiscal expenditure (10). The Authority therefore considers that the fact that Norsk Tipping AS is exempted from income tax at the outset involved the consumption of state resources.
   The measure must moreover be selective in that it favours ‘certain undertakings or the production of certain goods’. In order to determine whether a measure is selective, the Authority will examine whether, within the context of a particular legal system, the measure constitutes an advantage for the undertaking in comparison with other undertakings which are in a comparable legal and factual situation. In this regard it is necessary first to identify the common or normal regime under the applicable tax system which constitutes the reference framework.
   The Authority considers that the reference framework for assessing selectivity is the Norwegian Tax Act from which Norsk Tipping AS enjoys an explicit exemption in section 2.30(g) No 3 of the Norwegian Tax Act.
   It is in relation to the common or ‘normal’ tax regime that the Authority must, secondly, assess and determine whether the advantage granted by the tax measure at issue may be selective by demonstrating that the measure derogates from that common regime inasmuch as the measure differentiates between economic operators who, in light of the objective assigned to the tax system of the EFTA State concerned, are in a comparable factual and legal situation.
   The Authority considers, prima facie, that the tax exemption appears selective as Norsk Tipping is individually exempted.
   As mentioned above, Norsk Tipping AS, indeed the gaming sector as such, is subject to special regulatory regimes in Norway. There are restrictions in place both with regard to who is permitted to offer gaming services, the performance of the services as such and finally the use of revenue generated from gaming. Indeed, no other operator is now allowed to offer similar games as Norsk Tipping AS since it enjoys exclusive rights to operate a number of different money games. Such regulatory restrictions, both with regard to market access and the performance of the services have been accepted by both the Court of Justice and the EFTA Court on the basis of moral, religious and cultural factors, as well as the morally and financially harmful consequences for the individual and for society associated with gaming (11).
   Prior to the introduction of the exclusive rights regime for AWP, the complainant, Norsk Lotteridrift ASA and other private operators of gaming machines operated on the market and were subject to regular income tax in addition to the special regulatory AWP regime according to which they could retain up to 40 % of the machine surplus (12).
   Providers of other gaming services, such as Norsk Rikstoto which organises horse race betting and charitable organisations, which organise different types of lotteries are subject to other regulatory regimes. A common denominator for these other gaming providers, is that in principle, all the revenues generated from the gaming services shall be channelled to specific charitable causes. Thus, the former AWP business was unique in the sense that it allowed private operators to keep profits generated from money games.
   The profits of Norsk Tipping AS are by law clawed away and earmarked for sports, cultural and, since 2006, also for humanitarian and social beneficial causes, cf. Section 10 of the Gambling Act No 103 of 28 August 1992 (lov om pengespill). Thus, for Norsk Tipping AS, the exemption from ordinary income tax is replaced by a different form of ‘taxation’.
   Consequently, while Norsk Tipping is exempted from income tax its profits are subject to another form of imposition and as a result the company cannot retain them. The Authority takes the view, in the circumstances of this case, that the difference of treatment of Norsk Tipping is justified by the reasons relating to the logic of the system of redistribution of profits from the state monopoly gaming company.
   Accordingly, based on the special nature and regulation of gaming services, the Authority considers that Norsk Tipping AS is not in a comparable factual and legal situation with that of undertakings subject to ordinary income tax, neither the former private operators of gaming machines nor other types of commercial undertakings. Thus, the exemption from ordinary income tax for Norsk Tipping AS does not constitute State aid within the meaning of Article 61 EEA.
   3.   Possibility for Norsk Tipping AS to determine its own profits

   The second issue raised in the complaint was that Norsk Tipping AS benefited from more freedom with regard to its profits than the private AWP operators. While the private operator had to pay 40 % of the AWP surplus to charity, Norsk Tipping AS had to pay all its profits to charity. The amount of those profits however depended largely on Norsk Tipping AS’ decision to set aside money for the investment fund or in general how it spent the money. The complainant thus argued that private operators did not have this possibility as their share to charity was based on a non flexible approach.
   The Authority cannot see that state resources within the meaning of Article 61(1) of the EEA Agreement are involved. In line with the findings of the Court of Justice in Preussen Elektra
       (13), the Authority considers the obligation to set aside certain revenues for charity purposes to be a state intervention stemming from the Norwegian Regulation on instructions for the reserves of Norsk Tipping AS No 797 of 8 June 1998, but without leading to foregone revenues by the State (14). Furthermore, the same considerations with regard to selectivity, including the non-comparability of private gaming machine operators and Norsk Tipping AS discussed above would apply in this context.
   4.   Conclusion

   On the basis of the above, the Authority considers that the exemption from ordinary income taxation for Norsk Tipping AS and its possibility to determine its own profit do not constitute State aid within the meaning of Article 61(1) of the EEA Agreement.
   HAS ADOPTED THIS DECISION:
   Article 1
   The tax exemption for Norsk Tipping AS laid down in section 2.30(g) No 3 of the Norwegian Tax Act and the possibility for Norsk Tipping AS to determine its own profit do not constitute State aid within the meaning of Article 61(1) of the EEA Agreement.
   Article 2
   This Decision is addressed to the Kingdom of Norway.
   Article 3
   Only the English text is authentic.

      Done at Brussels, 2 December 2009.

            For the EFTA Surveillance Authority

         Per SANDERUD

            President

         Kristján A. STEFÁNSSON

            College Member

      (1)  Hereinafter referred to as ‘the Authority’.

      (2)  Hereinafter referred to as ‘the EEA Agreement’.

      (3)  Hereinafter referred to as ‘the Surveillance and Court Agreement’.

      (4)  Hereinafter referred to as ‘Protocol 3’.

      (5)  Guidelines on the application and interpretation of Articles 61 and 62 of the EEA Agreement and Article 1 of Protocol 3 to the Surveillance and Court Agreement, adopted and issued by the Authority on 19 January 1994, published in OJ L 231, 3.9.1994, p. 1, and EEA Supplement No 32, 3.9.1994, p. 1 (hereinafter referred to as the State Aid Guidelines). The updated version of the State Aid Guidelines is published on the Authority’s website: http://www.eftasurv.int/state-aid/legal-framework/state-aid-guidelines/

      (6)  The introduction of the exclusive rights was upheld by the EFTA Court in Case E-1/06 EFTA Surveillance Authority v Norway [2007] EFTA Ct. Rep. 20.

      (7)  The purpose of the investment is to secure that the company’s needs for investment can be met by the necessary capital.

      (8)  The Regulation has been substantially changed since the complaint was lodged, however, for present purposes the Authority does not consider it necessary to describe those changes.

      (9)  Case C-156/98 Germany v Commission [2000] ECR I-6857, paragraph 26.

      (10)  See, inter alia, Section 3(3) of the State Aid Guidelines on the application of State aid rules to measures relating to direct business taxation.

      (11)  See Case E-1/06 EFTA Surveillance Authority v Norway, cited above, paragraph 29 with further references.

      (12)  The additional 60 % were divided between the charity and the owner of the premises, see facts part above.

      (13)  Case C-379/98 Preussen Elektra v Schhleswag [2001] ECR I-2099, paragraphs 54-67.

      (14)  The legal basis for that Regulation is Section 10 of the Gambling Act.


title: 2009/781/EC: Commission Decision of 22 October 2009 amending Decision 2009/379/EC setting the amounts which, pursuant to Council Regulations (EC) No 1782/2003, (EC) No 378/2007, (EC) No 479/2008 and (EC) No 73/2009 are made available to the EAFRD and the amounts available for EAGF expenditure

text:
               23.10.2009

               EN

               Official Journal of the European Union

               L 278/60

      COMMISSION DECISION

   of 22 October 2009
   amending Decision 2009/379/EC setting the amounts which, pursuant to Council Regulations (EC) No 1782/2003, (EC) No 378/2007, (EC) No 479/2008 and (EC) No 73/2009 are made available to the EAFRD and the amounts available for EAGF expenditure
   (2009/781/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (1), and in particular Article 12(2) and (3) thereof,
   Whereas:

               (1)

               Commission Decision 2009/379/EC (2) sets the amounts which, pursuant to Articles 10(2) and 143d of Council Regulation (EC) No 1782/2003 (3), Article 4(1) of Council Regulation (EC) No 378/2007 (4), Article 190a of Council Regulation (EC) No 1234/2007 (5) and Articles 9(1), 10(3), 134 and 135 of Council Regulation (EC) No 73/2009 (6) are made available to the European Agricultural Fund for Rural Development (EAFRD), as well as the amounts available for European Agricultural Guarantee Fund (EAGF) expenditure.

               (2)

               Article 136 of Regulation (EC) No 73/2009 allows Member States to transfer to EAFRD from the financial year 2011 an amount calculated in accordance with Article 69(7) of Regulation (EC) No 73/2009 instead of having recourse to Article 69(6)(a) of the same Regulation.

               (3)

               The amounts available for transfer have been calculated and fixed in Annex III to Commission Regulation (EC) No 639/2009 of 22 July 2009 laying down detailed rules for the implementation of Council Regulation (EC) No 73/2009 as regards specific support (7).

               (4)

               Germany and Sweden have decided to make use of Article 136 of Regulation (EC) No 73/2009.

               (5)

               Commission Decision 2008/788/EC of 3 October 2008 fixing the net amounts resulting from the application of voluntary modulation in Portugal for the calendar years 2009 to 2012 (8) has been repealed and replaced by Commission Decision 2009/780/EC (9) in order to take into account the decision taken by Portugal not to apply voluntary modulation for calendar year 2009.

               (6)

               Decision 2009/379/EC should therefore be amended accordingly,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Annex to Decision 2009/379/EC is replaced by the text set out in the Annex to this Decision.

      Done at Brussels, 22 October 2009.

            For the Commission

         Mariann FISCHER BOEL

            Member of the Commission

      (1)  OJ L 209, 11.8.2005, p. 1.

      (2)  OJ L 117, 12.5.2009, p. 10.

      (3)  OJ L 270, 21.10.2003, p. 1.

      (4)  OJ L 95, 5.4.2007, p. 1.

      (5)  OJ L 299, 16.11.2007, p. 1.

      (6)  OJ L 30, 31.1.2009, p. 16.

      (7)  OJ L 191, 23.7.2009, p. 17.

      (8)  OJ L 271, 11.10.2008, p. 44.

      (9)  See page 59 of this Official Journal.

      ANNEX

            ‘ANNEX

                        (EUR million)

                        Budget year

                        Amounts made available for EAFRD

                        Net balance available for EAGF expenditure

                        Article 10(2) of Regulation (EC) No 1782/2003

                        Article 143d of Regulation (EC) No 1782/2003

                        Article 9(1) of Regulation (EC) No 73/2009

                        Article 134 of Regulation (EC) No 73/2009

                        Article 135 of Regulation (EC) No 73/2009

                        Article 136 of Regulation (EC) No 73/2009

                        Article 4(1) of Regulation (EC) No 378/2007

                        Article 190a(2) of Regulation (EC) No 1234/2007

                        2007

                        984

                        22

                        44 753

                        2008

                        1 241

                        22

                        362

                        44 592

                        2009

                        1 305,7

                        22

                        424

                        40,66

                        44 886,64

                        2010

                        1 867,1

                        22

                        397

                        82,11

                        44 777,79

                        2011

                        2 095,3

                        22

                        484

                        51,6

                        403,9

                        122,61

                        44 437,59

                        2012

                        2 355,3

                        22

                        484

                        51,6

                        372,3

                        122,61

                        44 685,19

                        2013

                        2 640,9

                        22

                        484

                        51,6

                        334,9

                        122,61

                        44 917,99’


Avis juridique important

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31993D0187

93/187/ECSC: Commission Decision of 8 March 1993 concerning the conclusion on behalf of the European Coal and Steel Community of the Interim Agreement between the European Economic Community and the European Coal and Steel Community, of the one part, and Romania, of the other part

Official Journal L 081 , 02/04/1993 P. 0161 - 0161 Finnish special edition: Chapter 11 Volume 21 P. 0272  Swedish special edition: Chapter 11 Volume 21 P. 0272

COMMISSION DECISION of 8 March 1993 concerning the conclusion on behalf of the European Coal and Steel Community of the Interim Agreement between the European Economic Community and the European Coal and Steel Community, of the one part, and  Romania, of the other part(93/187/ECSC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular the first paragraph of Article 95 thereof,  Whereas, pending the entry into force of the Europe Agreement signed in Brussels on 1 February 1993, it is necessary to approve the Interim Agreement between the European Economic Community and the European Coal and Steel Community, of the one part, and  Romania, of the other part, on trade and trade-related matters signed in Brussels on the same date;  Whereas the conclusion of the Interim Agreement is necessary to attain the objectives of the Community set out in particular in Articles 2 and 3 of the Treaty establishing the European Coal and Steel Community and whereas the Treaty did not make  provision for all the cases covered by this Decision,  Having consulted the Consultative Committee and with the unanimous assent of the Council,  HAS DECIDED AS FOLLOWS: Article 1  The Interim Agreement between the European Economic Community and the European Coal and Steel Community, of the one part, and Romania, of the other part on trade and trade-related matters, together with the Protocols, the exchanges of letters and the  declarations, are hereby approved on behalf of the European Coal and Steel Community.  These texts are attached to this Decision (1). Article 2  The President of the Commission shall give the notification provided for in Article 51 of the Interim Agreement on behalf of the European Coal and Steel Community.  Done at Brussels, 8 March 1993. For the Commission The President Jacques DELORS    (1) See p. 2 in this Official Journal.