title: EFTA Surveillance Authority Decision No 532/09/COL of 16 December 2009 amending, for the 76th time, the procedural and substantive rules in the field of State aid by introducing a new chapter on criteria for the analysis of the compatibility of State aid for the employment of disadvantaged and disabled workers subject to individual notification

text:
               15.12.2011

               EN

               Official Journal of the European Union

               L 332/14

         EFTA SURVEILLANCE AUTHORITY DECISION
   No 532/09/COL
   of 16 December 2009
   amending, for the 76th time, the procedural and substantive rules in the field of State aid by introducing a new chapter on criteria for the analysis of the compatibility of State aid for the employment of disadvantaged and disabled workers subject to individual notification
   THE EFTA SURVEILLANCE AUTHORITY (1),
   HAVING REGARD to the Agreement on the European Economic Area (2), and in particular Articles 61 to 63 and Protocol 26 thereof,
   HAVING REGARD to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (3), and in particular Article 24 and Article 5(2)(b) thereof,
   RECALLING the Procedural and Substantive Rules in the Field of State Aid adopted on 19 January 1994 by the Authority (4),
   Whereas:
   Pursuant to Article 24 of the Surveillance and Court Agreement, the Authority shall give effect to the provisions of the EEA Agreement concerning State aid,
   Pursuant to Article 5(2)(b) of the Surveillance and Court Agreement, the Authority shall issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressly so provides or if the Authority considers it necessary,
   The European Commission published a Communication on the criteria for the analysis of the compatibility of State aid for the employment of disadvantaged and disabled workers subject to individual notification (5) on 11 August 2009,
   That Communication is also of relevance for the European Economic Area,
   Uniform application of the EEA State aid rules is to be ensured throughout the European Economic Area,
   According to point II under the heading ‘GENERAL’ at the end of Annex XV to the EEA Agreement, the Authority, after consultation with the Commission, is to adopt acts corresponding to those adopted by the Commission,
   The Authority consulted the Commission by a way of letter on the subject dated 27 November 2009 (Event No 538332) and the EFTA States by a way of letter on the subject dated 16 October 2009 (Event Nos 5333819, 533835 and 533836),
   HAS ADOPTED THIS DECISION:
   Article 1
   The State Aid Guidelines shall be amended by introducing a new chapter on criteria for the analysis of the compatibility of State aid for the employment of disadvantaged and disabled workers subject to individual notification. The new chapter is contained in the Annex to this Decision.
   Article 2
   Only the English version is authentic.

      Done at Brussels, 16 December 2009.

            For the EFTA Surveillance Authority

         Per SANDERUD

            President

         Kristján Andri 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)  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 19.1.1994, published in the Official Journal of the European Union (hereinafter referred to as ‘OJ’) L 231, 3.9.1994, p. 1 and EEA Supplement No 32 of 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/

      (5)  OJ C 188, 11.8.2009, p. 6.

      ANNEX

         CRITERIA FOR THE ANALYSIS OF THE COMPATIBILITY OF STATE AID FOR THE EMPLOYMENT OF DISADVANTAGED AND DISABLED WORKERS SUBJECT TO INDIVIDUAL NOTIFICATION
          (1)

      1.   Introduction

                  1.

                  The promotion of employment and social policy are among the aims of the EEA Agreement and of the EFTA States (2). Unemployment, and in particular structural unemployment of certain categories of workers, remains a problem in some parts of the EFTA States. State aid in the form of subsidies to wage costs, where wage cost means the total amount actually payable by the beneficiary of the aid in respect of the employment concerned, comprising: (a) the gross wage, before tax; and (b) the compulsory contributions, such as social security charges; and (c) child care and parent care costs (‘wage subsidies’), can provide additional incentives to undertakings to increase their levels of employment of disadvantaged and disabled workers. The objective of such aid is thus to encourage the recruitment of the targeted categories of worker.

                  2.

                  This Chapter gives guidance on the criteria the EFTA Surveillance Authority (hereinafter referred to as ‘the Authority’) will apply for the assessment of State aid in form of wage subsidies that needs to be notified individually pursuant to Article 6(1)(h) and (i) of the Act referred to at point 1j of Annex XV to the EEA Agreement (Commission Regulation (EC) No 800/2008 of 6 August 2008 declaring certain categories of aid compatible with the common market in application of Articles 87 and 88 of the Treaty (General Block Exemption Regulation))
                      (3), as adapted to the EEA Agreement by Protocol 1 thereto (4) (hereinafter referred to as ‘the General Block Exemption Regulation’). This guidance is intended to make the Authority’s reasoning transparent and to create predictability and legal certainty.

                  3.

                  This guidance applies to State aid in the form of wage subsidies for disadvantaged workers, severely disadvantaged workers and disabled workers within the meaning of Article 2(18), (19) and (20) of the General Block Exemption Regulation. Any individual measure, whether granted ad hoc or on the basis of a scheme, will be subject to this guidance when its grant equivalent exceeds EUR 5 million per undertaking per year for the employment of disadvantaged workers and severely disadvantaged workers (hereinafter referred to together as ‘disadvantaged workers’) and EUR 10 million per undertaking per year for the employment of disabled workers (5).

                  4.

                  The criteria set out in this guidance will not be applied mechanically. The level of the Authority’s assessment and the kind of information it may require will be proportional to the risk of distortion of competition. The scope of the analysis will depend on the nature of the case.

            2.   Positive effects on the aid

      2.1.   Existence of an objective of common interest

                  5.

                  Certain categories of workers experience particular difficulty in finding jobs, because employers consider them to be less productive or have prejudices against them. This perceived or real lower productivity may be due either to lack of recent experience in employment (for example, young workers or long-term unemployed) or to a permanent disability. Because of their perceived or real lower productivity, the workers are likely to be excluded from the labour market unless employers are offered compensation for their employment.

                  6.

                  It is socially desirable that all categories of workers are integrated in the labour market. This means that a share of the domestic income may be redistributed to the categories of workers concerned by the measures. State aid may help disadvantaged and disabled workers to enter the labour market or stay in the labour market by covering the extra costs resulting from their perceived or real lower productivity.

                  7.

                  EFTA States should demonstrate that the aid will address the objective of common interest. In its analysis, the Authority will, among other things, consider the following elements:

                              (a)

                              the number and categories of workers concerned by the measure;

                              (b)

                              employment rates of the categories of workers concerned by the measure on the national and/or regional level and in the undertaking or undertakings concerned;

                              (c)

                              unemployment rates for the categories of workers concerned by the measure on the national and/or regional level;

                              (d)

                              particularly marginalised sub-groups within the broader categories of disabled and disadvantaged workers.

            2.2.   State aid as an appropriate policy instrument

                  8.

                  State aid in the form of wage subsidies is not the only policy instrument available to EFTA States to encourage employment of disadvantaged and disabled workers. EFTA States can also use general measures such as reduction of the taxation of labour and social costs, boosting investment in education and training, measures to provide guidance and counselling, assistance and training for the unemployed and improvements in labour law.

                  9.

                  Where the EFTA State has considered other policy options, and the advantages of using a selective instrument such as State aid for a specific undertaking are established, the measures concerned are considered to constitute an appropriate instrument. The Authority will in particular take account of any impact assessment of the proposed measure the EFTA State may have made.

            2.3.   Incentive effect and necessity of the aid

                  10.

                  State aid for the employment of disadvantaged and disabled workers must result in the aid beneficiary changing its behaviour so that the aid results in a net increase in the number of disadvantaged or disabled employees in the undertaking concerned. Newly recruited disadvantaged or disabled employees should only fill newly created posts or posts that have fallen vacant following voluntary departure, disability, retirement on grounds of age, voluntary reduction of working time or lawful dismissal for misconduct. Posts resulting from redundancy are not to be filled with subsidised disadvantaged or disabled workers. Thus, State aid cannot be used to replace workers in respect of whom the undertaking no longer receives a subsidy and who have consequently been dismissed.

                  11.

                  EFTA States should demonstrate to the Authority the existence of the incentive effect and the necessity of the aid. First, the beneficiary must have submitted an application for the aid to the EFTA State concerned before the categories of workers concerned by the measures were employed. Second, the EFTA State must demonstrate that the aid is paid in respect of a disadvantaged or disabled worker in an undertaking, where the recruitment would have not occurred without the aid.

                  12.

                  In its analysis, the Authority will consider, among other things, the following elements:

                              (a)

                              internal documents of the aid beneficiary on employment costs in relation to the categories of workers concerned by the measure for two scenarios: with aid and without aid;

                              (b)

                              existing or past wage subsidies in the undertaking concerned: categories and number of workers subject to subsidies;

                              (c)

                              annual turnover of the categories of workers concerned by the measure.

            2.4.   Proportionality of the aid

                  13.

                  The EFTA State must demonstrate that the aid is necessary and the amount is kept to the minimum in order to achieve the objective of the aid.
                  EFTA States should provide evidence that the aid amount does not exceed the net additional costs of employing the categories of workers concerned by the measure compared to the costs of employing workers who are not disadvantaged or disabled (6).
                  In any case, aid intensities must never exceed those laid down in Articles 40 (7) and 41 (8) of the General Block Exemption Regulation. Eligible costs, to which aid intensities are to be applied, must be calculated in accordance with Articles 40 (9) and 41 (10) of the General Block Exemption Regulation.

            3.   Negative effects on the aid

                  14.

                  If the aid is proportionate to achieve the objective of the aid, the negative effects of the aid are likely to be limited and an analysis of the negative effects may not be necessary. However, in some cases, even where the aid is necessary and proportionate for a specific undertaking to increase the employment of categories of workers concerned by the measure, the aid may result in a change in the behaviour of the beneficiary which significantly distorts competition. In those cases the Authority will conduct an analysis of the distortion of competition. The extent of the distortion of competition caused by the aid can vary depending on the characteristics of the aid and of the markets affected (11).

                  15.

                  The aid characteristics that may affect the likelihood and the extent of the distortion are:

                              (a)

                              selectivity;

                              (b)

                              the size of the aid;

                              (c)

                              the repetition and duration of the aid;

                              (d)

                              the effect of the aid on the undertaking’s costs.

                  16.

                  For example, an aid scheme used to encourage undertakings in general in an EFTA State to employ more disadvantaged or disabled workers is likely to have a different effect on the market than a large amount of aid given ad hoc to a single undertaking to enable it to increase its employment of a certain category of workers. The latter is likely to distort competition more significantly as the aid beneficiary’s competitors become less able to compete. The distortion will be even greater if the labour costs in the beneficiary’s business represent a high share of the total costs.

                  17.

                  In assessing the market characteristics, which can give a much more accurate picture of the likely impact of an aid, the Authority will among other things consider:

                              (a)

                              the structure of the market;

                              (b)

                              the characteristics of the sector or industry;

                              (c)

                              the situation on the national/regional labour market.

                  18.

                  The structure of the market will be assessed through the concentration of the market, the size of undertakings (12), importance of product differentiation (13), and barriers to entry and exit. Market shares and concentration ratios will be calculated once the relevant market has been defined. In general, the fewer undertakings there are, the larger their share of the market, and the less competition one would expect to observe (14). If the affected market is concentrated with high barriers to entry (15) and the aid beneficiary is a major player on it then it is more likely that competitors will have to alter their behaviour in response to the aid, for example postpone or abandon the introduction of a new product or technology or exit the market all together.

                  19.

                  The Authority will also look at the characteristics of the sector, such as the existence of overcapacity and whether the markets in the industry are growing (16), mature or declining. For example, the presence of overcapacity or of mature markets in an industry may increase the risk of aid leading to inefficiency and displacement of output among undertakings which do not have subsidised workers.

                  20.

                  Finally, the measure will be placed in the context of the situation on the labour market, that is to say, unemployment and employment rates, wage levels, and labour law.

                  21.

                  Wage subsidies may in particular cases lead to the distortions of competition discussed in paragraphs 22 to 27.

         Substitution and displacement effect

                  22.

                  The substitution effect relates to the situation where jobs given to a certain category of workers simply replace jobs for other categories. A wage subsidy which targets a specific subgroup of workers splits the labour force into subsidised workers and unsubsidised workers, and may induce undertakings to replace unsubsidised workers with subsidised workers. This occurs because relative wage costs for subsidised and unsubsidised workers are changed (17).

                  23.

                  Since undertakings which employ subsidised workers compete in the same markets for goods or services as those which do not employ subsidised workers, wage subsidies can contribute to the reduction of jobs elsewhere in the economy. Such a situation occurs when an undertaking employing subsidised workers increases output, but displaces output among undertakings which do not employ subsidised workers and, as a result, the aid crowds out unsubsidised employment.

         Market entry and exit

                  24.

                  Employment costs form part of the normal operating costs of any undertaking. It is therefore particularly important that aid should have a positive effect on employment and should not merely enable undertakings to reduce costs which they would otherwise bear. For example, wage subsidies reduce the ongoing costs of production and thus would make entry more appealing and enable undertakings with otherwise poor commercial prospects to enter a market or introduce new products to the detriment of more efficient competitors.

                  25.

                  The availability of State aid may also affect an undertaking’s decision to leave a market where it is already operating. Wage subsidies could reduce the size of losses and enable an undertaking to stay in the market for longer — which may mean that other, more efficient undertakings that do not receive aid are forced to exit instead.

         Investment incentives

                  26.

                  In the markets where wage subsidies are granted, undertakings are discouraged from competing and may reduce their investments and attempts to increase efficiency and innovation. The aid beneficiary may delay the introduction of new less labour-intensive technologies because of a change in relative costs for labour-intensive and technology-intensive production methods. Manufacturers of competing or complementary products may also decrease or delay their investment. As a consequence, the overall investment level in the industry concerned will decline.

         Effect on trade flows

                  27.

                  Wage subsidies within a particular region may result in some territories benefiting from more favourable production conditions than others. This may result in the displacement of trade flows in favour of the regions where such aid is given.

            4.   Balancing and decision

                  28.

                  The last step in the analysis is to evaluate the extent to which the positive effects of the aid outweigh its negative effects. This will be done on a case-by-case basis for all individual measures. In order to balance the positive and the negative effects, the Authority will assess them and make an overall assessment of their impact on producers and consumers in each of the markets affected. Unless quantitative information is readily available the Authority will use qualitative information for the purposes of the assessment.

                  29.

                  The Authority is likely to take a more positive stance and therefore accept a higher degree of distortion of competition if the aid is necessary and well-targeted to achieve the objective of the aid and is limited to the net extra costs of compensating for the lower productivity of the categories of workers concerned by the measure.

         (1)  This Chapter corresponds to the Communication from the Commission of the European Communities – Criteria for the analysis of the compatibility of State aid for the employment of disadvantaged and disabled workers subject to individual notification (OJ C 188, 11.8.2009, p. 6).

         (2)  Article 66 et seq. of the EEA Agreement and Article 5 of Protocol 31 on social policy to the EEA Agreement.

         (3)  OJ L 214, 9.8.2008, p. 3.

         (4)  Joint Committee Decision No 120/2008 of 7.11.2008 (OJ L 339, 18.12.2008, p. 111, and EEA Supplement No 79, 18.12.2008, p. 20) entered into force on 8.11.2008.

         (5)  Due to their specific nature, individual measures applying to the compensation for the additional cost of employing disabled workers and additional costs incurred by social enterprises of which the grant equivalent exceeds EUR 10 million per undertaking per year will be assessed on the basis of Article 61(3)(c) of the EEA Agreement. For ad-hoc aid for the employment of disadvantaged workers below EUR 5 million and ad-hoc aid to large undertakings for the employment of disabled workers below EUR 10 million, the Authority will mutatis mutandis apply the principles as outlined in this guidance, though in a less detailed manner.

         (6)  Net additional costs take into account the costs corresponding to the employment of the targeted categories of disadvantaged or disabled workers (for example, due to lower productivity) and benefits, which the aid beneficiary extracts from this employment (for example, due to an improvement of the image of the undertaking).

         (7)  The aid intensity for disadvantaged workers must not exceed 50 % of the eligible costs.

         (8)  The aid intensity for disabled workers must not exceed 75 % of the eligible costs.

         (9)  For the employment of disadvantaged workers eligible costs are the wage costs over a maximum period of 12 months following recruitment. However, where the worker concerned is a severely disadvantaged worker, eligible costs are the wage costs over a maximum period of 24 months following recruitment.

         (10)  For the employment of disabled workers eligible costs are the wage costs over any given duration during which the disabled worker is being employed.

         (11)  A number of markets can be affected by the aid, because the impact of the aid may not be restricted to the markets where the aid beneficiary is active but can extend to other markets, for example input markets.

         (12)  Size of the undertaking can be expressed in the terms of market shares as well as turnover and/or employment.

         (13)  The lower the degree of product differentiation, the greater the effect of the aid on competitors’ profits will be.

         (14)  However, some markets are competitive despite there being few undertakings present.

         (15)  However, granting aid sometimes helps to overcome entry barriers and allows new undertakings to enter a market.

         (16)  The existence of growing markets will usually lead to a less pronounced effect of the aid on competitors.

         (17)  Such substitution effect depends on the elasticity of demand for labour, both for subsidised and unsubsidised workers.


title: Council Decision (EU) 2016/2131 of 17 October 2016 on the position to be taken on behalf of the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, as regards the adoption of EU-Lebanon Partnership Priorities, including the Compact

text:
               6.12.2016

               EN

               Official Journal of the European Union

               L 331/6

         COUNCIL DECISION (EU) 2016/2131
   of 17 October 2016
   on the position to be taken on behalf of the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, as regards the adoption of EU-Lebanon Partnership Priorities, including the Compact
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission and the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               The Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part (1) (the ‘Agreement’) was signed on 17 June 2002 and entered into force on 1 April 2006.

               (2)

               A Joint Communication by the High Representative and by the European Commission of 18 November 2015 on the Review of the European Neighbourhood Policy has been welcomed by the Council Conclusions of 14 December 2015, where, inter alia, the Council confirmed the intention to start a new phase of engagement with partners in 2016 which could lead to the setting of new partnership priorities, where appropriate, focused on agreed priorities and interests.

               (3)

               The shared goal of the Union and Lebanon for a common area of peace, prosperity and stability necessitates working together, particularly through co-ownership and differentiation, and taking account of Lebanon's key role in the region.

               (4)

               While addressing the most urgent challenges, the Union and Lebanon continue to pursue the core objectives of their long-term partnership and to work towards the stability of the country and the region as well as sustained economic growth through strong state institutions and the revitalisation of the Lebanese economy.

               (5)

               The position of the Union within the Association Council set up by the Agreement should therefore be based on the attached draft Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken on behalf of the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the the Republic of Lebanon, of the other part, as regards the adoption of EU-Lebanon Partnership Priorities, including the Compact, shall be based on the draft Decision of the EU-Lebanon Association Council attached to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 17 October 2016.

            For the Council

            The President

         F. MOGHERINI

      (1)  Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part (OJ L 143, 30.5.2006, p. 2).

      DRAFT
      DECISION No 1/2016 OF THE EU-LEBANON ASSOCIATION COUNCIL
      of …
      agreeing on EU-Lebanon Partnership Priorities
      THE EU-LEBANON ASSOCIATION COUNCIL,
      Having regard to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part,
      Whereas:

                  (1)

                  The Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part (the ‘Agreement’) was signed on 17 June 2002 and entered into force on 1 April 2006.

                  (2)

                  Article 76 of the Agreement gives the Association Council the power to take decisions for the purposes of attaining the objectives of the Agreement in the cases provided for therein and to make appropriate recommendations.

                  (3)

                  Article 86 of the Agreement states that the Parties are to take any general or specific measures required to fulfil their obligations under the Agreement and are to ensure that the objectives set out in the Agreement are attained.

                  (4)

                  The second EU-Lebanon Action Plan, which was agreed in 2013 with the objective of furthering cooperation in the areas identified in the Agreement, came to an end in 2015 and has not been renewed.

                  (5)

                  The Review of the European Neighbourhood Policy in 2016 proposed a new phase of engagement with partners, allowing for a greater sense of ownership by both sides.

                  (6)

                  The EU and Lebanon have agreed to consolidate their partnership by agreeing on a set of priorities for the period 2016–2020, with the aim of supporting and strengthening Lebanon's resilience and stability while seeking to address the impact of the protracted conflict in Syria.

                  (7)

                  The Parties to the Agreement have agreed on the text of the EU-Lebanon Partnership Priorities, including the Compact, which will support the implementation of the Agreement, focusing on cooperation in relation to a set of commonly identified shared interests, which will be given priority,

            HAS ADOPTED THIS DECISION:
      Article 1
      The Association Council recommends that the Parties implement the EU-Lebanon Partnership Priorities, including the Compact, which are set out in the Annex to this Decision.
      Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at …,

               For the EU-Lebanon Association Council

               The President


title: 2013/767/EU: Commission Decision of 16 December 2013 setting up a framework for civil dialogue in matters covered by the common agricultural policy and repealing Decision 2004/391/EC

text:
               17.12.2013

               EN

               Official Journal of the European Union

               L 338/115

         COMMISSION DECISION
   of 16 December 2013
   setting up a framework for civil dialogue in matters covered by the common agricultural policy and repealing Decision 2004/391/EC
   (2013/767/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               Article 38 of the Treaty on the Functioning of the European Union provides that the Union is to define and implement a common agriculture policy.

               (2)

               In accordance with Article 11(2) of the Treaty on European Union, the institutions are to maintain an open, transparent and regular dialogue with representative associations and civil society. A dialogue framework dealing with matters covered by the common agricultural policy exists since 1962. Commission Decision 2004/391/EC (1) provides for the framework of the current dialogue.

               (3)

               With a view to increase transparency and provide for a better balancing of represented interests it is necessary to review the dialogue in the advisory groups dealing with agriculture issues and to provide for the framework of a civil dialogue in the field of agriculture and rural development, including the international aspects thereof, and to define their tasks and structure.

               (4)

               The civil dialogue groups should assist the Commission and help to hold a regular dialogue on all matters relating to the common agricultural policy, including rural development, and its implementation, and in particular the measures which the Commission is called on to take in that context, including the international aspects of agriculture, bring about an exchange of experience and good practice, advise on policy, deliver an opinion on specific matters upon request of the Directorate-General for Agriculture and Rural Development or on their own initiative and monitor policy developments.

               (5)

               The civil dialogue groups should be composed of at least European-level non-governmental organisations, including representative associations, socioeconomic interest groups, civil society organisations and trade unions that are registered in the joint European Transparency Register.

               (6)

               In order to facilitate the development of the tasks allocated to the groups, it is necessary to provide for rules on the operation and functioning of the groups.

               (7)

               Personal data should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (2).

               (8)

               Decision 2004/391/EC should be repealed,

         HAS ADOPTED THIS DECISION:
   Article 1
   Subject matter
   This decision constitutes the framework for civil dialogue groups dealing with matters covered by the common agricultural policy, hereinafter referred to as ‘groups’, set up by the Director-General for Agriculture and Rural Development (‘the Director-General’) under the framework for Commission expert groups (3).
   Article 2
   Tasks
   The groups’ tasks shall be:

               (a)

               to hold a regular dialogue on all matters relating to the common agricultural policy, including rural development, and its implementation, and in particular the measures which the Commission is called on to take in that context, including the international aspects of agriculture;

               (b)

               to bring about an exchange of experience and good practice in the fields referred to in point (a);

               (c)

               to assist the Commission and advise on policy in the fields referred to in point (a);

               (d)

               to deliver an opinion on specific matters either upon request of the Directorate-General for Agriculture and Rural Development (‘the Directorate-General’) and within the time limits set in that request, or on their own initiative;

               (e)

               to monitor policy developments in the fields referred to in point (a).

         Article 3
   Consultation
   1.   The Directorate-General may consult the groups on any matter referred to under Article 2(a).
   2.   The chairperson of a group, in close cooperation with the vice-chairpersons, may advise the Commission to consult the group on a specific question.
   Article 4
   Membership appointment
   1.   The Director-General shall decide on the composition of the groups, on the basis of a call for applications.
   2.   The groups shall be composed of at least European-level non-governmental organisations, including representative associations, socioeconomic interest groups, civil society organisations and trade unions that are registered in the Transparency Register. Membership of the groups shall be open to those organisations representing any kind of relevant interest
   3.   Taking into account the interest of the civil society in the common agricultural policy the Director-General shall decide on the number of groups and their size. The list of groups shall be published in the Register of Commission expert groups and other similar entities (‘the Register’) and on a dedicated website. Director-General shall ensure a balanced representation of all expressed interests referred to in paragraph 2. In particular, he/she shall ensure a balance between economic and non-economic interests.
   4.   Member organisations shall be appointed by the Director-General from among organisations that have responded to the call for applications. The Director-General may also appoint a member organisation when seats remain or fall vacant.
   5.   Member organisations are appointed for seven years. A member organisation may be replaced within a group before the end of the seven-year mandate where:

               (a)

               it is no longer able to contribute effectively to a group’s deliberations;

               (b)

               it withdraws from the group;

               (c)

               it does not regularly designate experts for the meetings of the group;

               (d)

               it no longer complies with the conditions set out in paragraph 2; or

               (e)

               it does not comply with the non-disclosure requirement relating to information covered by the obligation of professional secrecy laid down in Article 339 of the Treaty.

         6.   Member organisations shall designate the experts to attend the meetings of the groups according to the items on the agenda and shall inform the Directorate-General of the identity of experts they have designated at least three working days before the meeting.
   7.   The Directorate-General shall invite the experts designated by the member organisations to attend the meetings of the groups. Where the member organisation has not informed the Directorate-General of the identity of the experts within the deadline set out in paragraph 6, the Directorate-General may refuse to invite those experts to the respective meeting.
   8.   The names of member organisations shall be published in the Register of Commission expert groups and other similar entities and on a dedicated website.
   9.   Personal data shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.
   Article 5
   Operation
   1.   Each group shall at its first meeting elect a chairperson and two vice-chairpersons from among its members by a two-thirds majority of the experts present in the case of a first ballot, and by a simple majority of the experts present in the case of subsequent ballots. The vice-chairpersons shall be chosen from among the representatives of other organisations than the one to which the chairperson belongs. The two vice-chairpersons shall originate from two different organisations. The elections shall be held under the authority of a Commission representative by secret ballot, unless all the experts present expressly decide otherwise.
   2.   The chairperson and the two vice-chairpersons shall serve a term of one year, which shall be renewable. The chairperson shall not serve more than two consecutive terms. When choosing new chairpersons, the group shall ensure that they do not originate from the same organisation as their predecessor.
   3.   The chairperson, in agreement with the Directorate-General, in close consultation with the vice-chairpersons, and in consultation with the organisations represented in the group, shall determine the items to be included on the agenda for the meetings of the group at least 25 working days before each meeting. The Directorate-General shall send out the agenda to the organisations as a general rule 20 working days before the meeting, preferably by electronic means.
   4.   Except for the elections provided for in paragraph 1, no vote shall take place at the end of a group’s discussion. If a group reaches consensus on the opinion requested by the Directorate-General or an own-initiative resolution, it shall formulate joint conclusions and attach them to the summary report. The Commission shall communicate the outcome of a group’s discussions to other European institutions in cases where the group so recommends.
   5.   The chairperson is responsible for compiling a report containing an accurate summary record of each meeting and transmitting the draft of that report to the Directorate-General within 20 working days after the meeting. The Directorate-General may amend the chairperson’s draft report prior to its distribution and subsequent approval by the group.
   6.   In agreement with the Directorate-General, the group may set up working groups to examine specific questions on the basis of terms of reference adopted by the group. Commission representatives shall chair the meetings of the working groups. Such working groups shall be dissolved as soon as their mandate is fulfilled.
   7.   The Directorate-General may invite experts from outside the group with specific competences relating to a subject on the agenda to participate in the work of the group or working group on an ad-hoc basis. In addition, the Commission’s representative may grant observer status to individuals or organisations as defined in Article 4(2), in so far as they do not threaten the balance of the groups or working groups. They shall have the right to speak, when invited to do so by the chairperson with the consent of the highest-ranking Commission representative present. Individuals or organisations enjoying observer status shall not participate in the elections referred to in paragraph 1.
   8.   Members of groups and their representatives, as well as invited experts and individuals or organisations enjoying observer status, as provided for in paragraph 7, shall comply with the obligations of professional secrecy laid down in the Treaties and the rules implementing them, as well as with the Commission’s rules on security regarding the protection of Union classified information, laid down in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (4). Should they fail to comply with those obligations, the Commission may take all appropriate measures.
   9.   The meetings of the groups and working groups shall in general be held on Commission premises. The Commission shall provide secretariat services. Meetings of the groups and working groups shall be convened by the Directorate-General. Other Commission officials with an interest in the proceedings may attend meetings of the groups and its working groups.
   10.   The Commission publishes all relevant documents such as agendas, minutes, conclusions, partial conclusions or working documents on the activities carried out by the groups via a link from the Register of Commission expert groups and other similar entities to a dedicated website. Exceptions to systematic publication should be made where disclosure of a document would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (5).
   Article 6
   Meeting expenses
   1.   Participants in the activities of the groups and working groups shall not be remunerated for the services they render.
   2.   Travel and subsistence expenses incurred by experts in the context of the activities of the groups and working groups shall be reimbursed by the Commission in accordance with the provisions in force within the Commission.
   3.   The expenses referred to in paragraph 2 shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.
   Article 7
   Repeal
   Decision 2004/391/EC is repealed with effect from 1 July 2014.
   Article 8
   Entry into force
   This Decision shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 July 2014.

      Done at Brussels, 16 December 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  Commission Decision 2004/391/EC of 23 April 2004 on the advisory groups dealing with matters covered by the common agricultural policy (OJ L 120, 24.4.2004, p. 50).

      (2)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

      (3)  C(2010) 7649.

      (4)  Commission Decision 2001/844/EC, ECSC, Euratom of 29 November 2001 amending its internal Rules of Procedure (OJ L 317, 3.12.2001, p. 1).

      (5)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).


title: Decision of the European Parliament of 5 May 2010 on discharge in respect of the implementation of the budget of the European Aviation Safety Agency for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/136

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on discharge in respect of the implementation of the budget of the European Aviation Safety Agency for the financial year 2008
   (2010/516/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Aviation Safety Agency for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Aviation Safety Agency for the financial year 2008, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council (3) establishing a European Aviation Safety Agency, and in particular Article 60 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0068/2010),

               1.

               Grants the Executive Director of the European Aviation Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2008;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the European Aviation Safety Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 304, 15.12.2009, p. 21.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 79, 19.3.2008, p. 1.

      (4)  OJ L 357, 31.12.2002, p. 72.
    ---documentbreak---

               25.9.2010

               EN

               Official Journal of the European Union

               L 252/137

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Aviation Safety Agency for the financial year 2008
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Aviation Safety Agency for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Aviation Safety Agency for the financial year 2008, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council (3) establishing a European Aviation Safety Agency, and in particular Article 60 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0068/2010),

               A.

               whereas the Court of Auditors has stated that it has obtained reasonable assurances that the annual accounts for the financial year 2008 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas on 23 April 2009 Parliament granted the Executive Director of the European Aviation Safety Agency discharge for implementation of the Agency’s budget for the financial year 2007 (5), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           noted that the Court of Auditors had criticised several audited procurement procedures,

                           —

                           requested that the Agency keeps the promise given in its replies to the Court of Auditors to comply strictly with the procurement rules and to pay particular attention to the provision of clear information to potential bidders,

                           —

                           noted that the Court of Auditors’ observation that the 2007 establishment plan consisted of 467 temporary posts, but that budget appropriations for staff expenditure did not cover actual staff costs for these posts and that, as a consequence, the Agency had agreed with the Commission to reduce the number of its posts to a maximum of 342, of which 333 were filled at the year-end,

               1.

               Welcomes the fact that the Court of Auditors found the Agency accounts for 2008 to be reliable and the underlying transactions, taken as a whole, to be legal and regular;

               2.

               Notes that the Agency received EUR 30 000 000 in commitment and in payment appropriations from the 2008 budget;

               3.

               Notes that the Agency’s budget increased by 42 % from EUR 72 000 000 to EUR 102 000 000 from 2007 to 2008 and that staff numbers rose from 362 to 442;

      Performance

               4.

               Stresses how important it is for the Agency to set SMART objectives and RACER indicators in its programming so as to assess its achievements; notes the reply from the Agency, which gives an assurance that it has improved its work programme for 2010, establishing objectives and key performance indicators and a better resource planning system; calls, also, on the Agency to consider making a Gantt diagram part of the programming for each of its operational activities, with a view to indicating in a concise form the amount of time spent by each staff member on a project and encouraging an approach geared towards achieving results;

               5.

               Calls on the Agency to set out, in a table to be annexed to the Court of Auditors’ next report, a comparison of operations carried out during the year for which discharge is to be granted and in the previous financial year so as to enable the discharge authority to assess more effectively its performance from one year to the next;

      Fees and charges Regulation

               6.

               Notes that 2008 was the first full year of implementation of certification tasks under Commission Regulation (EC) No 593/2007 of 31 May 2007 on the fees and charges levied by the European Aviation Safety Agency (6);

               7.

               Calls on the Agency to establish a monitoring system at the level of certification projects to make sure that, over the entire project duration, the fees levied do not deviate significantly from the actual cost;

               8.

               Regrets that, in 2008, the system of annual flat fees generated income which was significantly above the actual costs of the services rendered and calls upon the Agency to put forward, as a matter of urgency, a detailed plan to guarantee that this does not recur in future years;

      Carry-over of appropriations

               9.

               Draws attention to the fact that the Agency carried forward to 2009 a high level of appropriations for operating expenditure (more than EUR 53 000 000, which is 79 % of the operating appropriations); accepts that the high level of appropriations that was carried forward to 2009 is at odds with the principle of annuality even if a certain uncertainty about the level of fees and charges is inherent in the Agency’s initial business cycle; stresses also that this situation reveals weaknesses in the enterprise resource planning system resulting from a delay in signing the service contract; calls therefore, for much more realistic forecasts to be presented to the Commission and Parliament for the next financial year, allowing sufficient time for these to be analysed;

               10.

               Notes that the Agency’s accounts for the financial year 2008 show income from interest as an amount of EUR 1 988 000; concludes from the annual closure of accounts and the amount of interest payments that the Agency maintains enormously high cash reserves over long periods; notes that as of 31 December 2008 the Agency’s cash reserves amounted to EUR 57 245 000; calls on the Commission to examine ways of ensuring that the principle of needs-based cash management, as laid down in Article 15(5) of Regulation (EC, Euratom) No 2343/2002, is implemented in full and that changes in approach are needed to ensure that the Agency’s cash reserves are kept as low as possible on a long-term basis;

               11.

               Notes that, in 2008, 15 % of staff-related expenditure was transferred to operating expenditure, which indicates unrealistic planning; is concerned about the efficiency gains arising from this transfer and will investigate further the development and follow-up costs for the implementation of the enterprise resource planning (ERP) system in this regard;

      Other improvements to be made by the Agency

               12.

               Expresses concern about the lack of coordination between the needs, staff and financial regulation of the Agency and, in particular, that the staff selection procedures make it difficult to recruit appropriately qualified personnel; considers that the interinstitutional working group on decentralised agencies could address this issue;

               13.

               Calls on the Agency to improve its recruitment planning so as to be more realistic and to put an end to the shortcomings affecting the establishment of the budget and the monitoring of the enterprise resource planning system;

      Internal audit

               14.

               Acknowledges that the Agency has implemented 15 of the 28 recommendations made by the Internal Audit Service (IAS) since 2006; notes that, of the 13 in progress, 2 are considered to be ‘critical’ and 5 ‘very important’; notes that these recommendations concern the budgetary uncertainty, the absence of risk analysis, the absence of an appraisal and promotion policy, the cut-off procedure and the absence of a procedure for recording exceptions which have been closed;

               15.

               Refers, for other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 5 May 2010 (7) on the performance, financial management and control of the agencies.

      (1)  OJ C 304, 15.12.2009, p. 21.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 79, 19.3.2008, p. 1.

      (4)  OJ L 357, 31.12.2002, p. 72.

      (5)  OJ L 255, 26.9.2009, p. 122.

      (6)  OJ L 140, 1.6.2007, p. 3.

      (7)  Texts adopted, P7_TA(2010)0139. See page 241 of this Official Journal.


Avis juridique important

|

31975D0437

75/437/EEC: Council Decision of 3 March 1975 concluding the Convention for the prevention of marine pollution from land-based sources

Official Journal L 194 , 25/07/1975 P. 0005 - 0005 Finnish special edition: Chapter 15 Volume 1 P. 0227  Swedish special edition: Chapter 15 Volume 1 P. 0227  Spanish special edition: Chapter 15 Volume 1 P. 0098  Portuguese special edition Chapter 15 Volume 1 P. 0098

COUNCIL DECISION  of 3 March 1975  concluding the convention for the prevention of marine pollution from land-based sources  (75/437/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);  Whereas the declaration of the Council of the European Communities and of the representatives of the Governments of the Member States meeting in the Council of 22 November 1973 (2) on the programme of action of the European Communities on the environment, emphasizes that it is important for the Community to take measures to combat marine pollution in general, and provides amongst other things for Community action with a view to combating marine pollution from land-based sources;  Whereas the convention for the prevention of marine pollution from land-based sources of 21 February 1974, also provides for the preparation and implementation of programmes intended either to eliminate or to reduce this type of pollution in the North East Atlantic;  Whereas it appears necessary for the Community to conclude this convention in order to attain, in the course of the operation of the common market, one of the objectives of the Community in the fields of the protection of the environment and the quality of life, and whereas no provision is made in the Treaty for the necessary powers;  Whereas the representative of the Community within the Commission established under the convention should be designated,  HAS DECIDED AS FOLLOWS:    Article 1 The convention for the prevention of marine pollution from land-based sources is hereby concluded on behalf of the Community.  The text of the convention is annexed hereto.   Article 2 The President of the Council shall be authorized to designate the persons empowered to sign the convention and to confer on them the powers they require to bind the Community.   Article 3 The Community shall be represented by the Commission in the Commission established under Article 15 of the convention.  The Commission shall in that body put forward the position of the Community in accordance with such Directives as the Council may give it.     Done at Brussels, 3 March 1975.  For the Council  The President  J. KEATING  (1)OJ No C 127, 18.10.1974, p. 32. (2)OJ No C 112, 20.12.1973, p. 1.


Avis juridique important

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31999D0872

1999/872/EC, ECSC, Euratom: Council Decision of 17 December 1999 appointing eight members of the Court of Auditors of the European Communities

Official Journal L 340 , 31/12/1999 P. 0105 - 0105

COUNCIL DECISIONof 17 December 1999appointing eight members of the Court of Auditors of the European Communities(1999/872/EC, ECSC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 247(3) thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 45(3) thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 160b(3) thereof,Having regard to the Opinions of the European Parliament(1),(1) Whereas the terms of office of Mr Patrick Everard, Mr Jørgen Mohr, Mr Antoni Castells, Mr Barry Desmond, Mr Giorgio Clemente, Mr Armindo de Jesus de Sousa Ribeiro, Mr Aunus Salmi and Mr Jan O. Karlsson expire on 9 February 2000;(2) Whereas new appointments should therefore be made,HAS DECIDED AS FOLLOWS:Article 1The following are hereby appointed members of the Court of Auditors for the period from 1 March 2000 to 28 February 2006 inclusive:- Mr Robert Reynders- Mr Jørgen Mohr- Mr Juan Manuel Fabra Valles- Mrs Máire Geoghegan-Quinn- Mr Giorgio Clemente- Mr Vítor Manuel da Silva Caldeira- Mr Aunus Salmi- Mr Jan O. Karlsson.Article 2This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 17 December 1999.For the CouncilThe PresidentK. HEMILÄ(1) Opinions delivered on 16 December 1999 (not yet published in the Official Journal).


title: Council Decision of 25 April 2017 renewing the Governing Board of the European Centre for the Development of Vocational Training

text:
               3.5.2017

               EN

               Official Journal of the European Union

               C 138/1

         COUNCIL DECISION
   of 25 April 2017
   renewing the Governing Board of the European Centre for the Development of Vocational Training
   (2017/C 138/01)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
   Having regard to the nominee submitted to the Council by the Commission as regards the Employees’ representatives,
   Whereas:

               (1)

               By its Decisions of 14 July 2015 (2) and of 14 September 2015 (3), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2015 to 17 September 2018.

               (2)

               A member’s seat on the Governing Board of the Centre in the category of representatives of Employees’ organisations has become vacant for Latvia as a result of the resignation of Ms Ruta PORNIECE.

               (3)

               The members of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2018,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following person is hereby appointed member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of its term of office, which runs until 17 September 2018:
   REPRESENTATIVES OF EMPLOYEES’ ORGANISATIONS

               LATVIA

               Ms Linda ROMELE

         Article 2
   This Decision shall be published, for information, in the Official Journal of the European Union.

      Done at Luxembourg, 25 April 2017.

            For the Council

            The President

         I. BORG

      (1)  OJ L 39, 13.2.1975, p. 1.

      (2)  OJ C 232, 16.7.2015, p. 2.

      (3)  OJ C 305, 16.9.2015, p. 2.


title: 2006/357/EC: Council Decision of  8 November 2005  on the signing and provisional application of the Agreement between the European Community and the government of Georgia on certain aspects of air services

text:
               20.5.2006

               EN

               Official Journal of the European Union

               L 134/23

         COUNCIL DECISION
   of 8 November 2005
   on the signing and provisional application of the Agreement between the European Community and the government of Georgia on certain aspects of air services
   (2006/357/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2), in conjunction with Article 300(2), first sentence of the first subparagraph thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

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

               (2)

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

               (3)

               Subject to its possible conclusion at a later date, the agreement negotiated by the Commission should be signed and provisionally applied,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and the government of Georgia on certain aspects of air services is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community subject to its conclusion.
   Article 3
   Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the Parties have notified each other of the completion of the necessary procedures for this purpose.
   Article 4
   The President of the Council is hereby authorised to make the notification provided in Article 8(2) of the Agreement.

      Done at Brussels, 8 November 2005.

            For the Council

            The President

         G. BROWN

    ---documentbreak---

               20.5.2006

               EN

               Official Journal of the European Union

               L 134/24

         AGREEMENT
   between the European Community and the government of Georgia on certain aspects of air services
   THE EUROPEAN COMMUNITY,
   of the one part, and
   THE GOVERNMENT OF GEORGIA
   of the other part,
   (hereinafter referred to as ‘the Parties’)
   NOTING that bilateral air service agreements have been concluded between several Member States of the European Community and Georgia containing provisions contrary to Community law,
   NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries,
   NOTING that under European Community law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the European Community and third countries,
   HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law,
   RECOGNISING that certain provisions of the bilateral air service agreements between Member States of the European Community and Georgia, which are contrary to European Community law, must be brought into full conformity with it in order to establish a sound legal basis for air services between the European Community and Georgia and to preserve the continuity of such air services,
   NOTING that provisions of the bilateral air service agreements between Member States of the European Community and Georgia, which are not contrary to European Community law, do not need to be amended or replaced,
   NOTING that it is not a purpose of the European Community, as part of these negotiations, to increase the total volume of air traffic between the European Community and Georgia, to affect the balance between Community air carriers and air carriers of Georgia, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community.
   2.   References in each of the Agreements listed in Annex I to nationals of the Member State that is a party to that Agreement shall be understood as referring to nationals of the Member States of the European Community.
   3.   References in each of the Agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that Agreement shall be understood as referring to air carriers or airlines designated by that Member State.
   4.   The granting of traffic rights continues to be carried out through bilateral arrangements.
   Article 2
   Designation by a Member State
   1.   The provisions in paragraphs 2 and 3 of this Article shall supersede the corresponding provisions in the Articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by Georgia, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   On receipt of a designation by a Member State, Georgia shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (i)

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

               (ii)

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

               (iii)

               the air carrier is owned and shall continue to be owned directly or through majority ownership by Member States and/or nationals of Member States, or by other States listed in Annex III and/or nationals of such other States, and shall at all times be effectively controlled by such States and/or such nationals.

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

               (i)

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

               (ii)

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

               (iii)

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

         In exercising its right under this paragraph, Georgia shall not discriminate between Community air carriers on the grounds of nationality.
   Article 3
   Rights with regard to regulatory control
   1.   The provisions in paragraph 2 of this Article shall complement the Articles listed in Annex II(c).
   2.   Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of Georgia under the safety provisions of the Agreement between the Member State that has designated the air carrier and Georgia shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.
   Article 4
   Taxation of aviation fuel
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the Articles listed in Annex II(d).
   2.   Notwithstanding any other provision to the contrary, nothing in each of the Agreements listed in Annex II(d) shall prevent a Member State from imposing taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of Georgia that operates between a point in the territory of that Member State and another point in the territory of that Member State or in the territory of another Member State.
   Article 5
   Tariffs for carriage within the European Community
   1.   The provisions in paragraph 2 of this Article shall complement the articles listed in Annex II(e).
   2.   The tariffs to be charged by the air carrier(s) designated by Georgia under an agreement listed in Annex I containing a provision listed in Annex II(e) for carriage wholly within the European Community shall be subject to European Community law.
   Article 6
   Annexes to the Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 7
   Revision or amendment
   The Parties may, at any time, revise or amend this Agreement by mutual consent.
   Article 8
   Entry into force and provisional application
   1.   This Agreement shall enter in force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
   2.   Notwithstanding paragraph 1, the Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Parties have notified each other of the completion of the procedures necessary for this purpose.
   3.   Agreements and other arrangements between Member States and Georgia which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Annex I(b). This Agreement shall apply to all such Agreements and arrangements upon their entry into force or provisional application.
   Article 9
   Termination
   1.   In the event that an Agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the Agreement listed in Annex I concerned shall terminate at the same time.
   2.   In the event that all Agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.
   IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.

      Done at Brussels in duplicate, on this third day of May in the year two thousand and six, in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish, Swedish and Georgian languages.

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

         Por el Gobierno de Georgia
         Za vládu Gruzie
         For Georgiens regering
         Für die Regierung von Georgien
         Gruusia valitsuse nimel
         Για την κυβέρνηση της Γεωργίας
         For the Government of Georgia
         Pour le gouvernement de la Géorgie
         Per il Governo della Georgia
         Gruzijas valdības vārdā
         Gruzijos Vyriausybės vardu
         Grúzia Kormánya részéről
         Għall-Gvern tal-Ġeorġja
         Voor de Regering van Georgië
         W imieniu Rządu Gruzji
         Pelo Governo da Geórgia
         Za vládu Gruzínska
         Za vlado Gruzije
         Georgian hallituksen puolesta
         För Georgiens regering

   ANNEX I
   List of Agreements referred to in Article 1 of this Agreement

               (a)

               Air service agreements between the Government of Georgia and Member States of the European Community which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally:

                           —

                           Air Transport Agreement between the Austrian Federal Government and the Government of Georgia signed at Vienna on 15 December 1997 (date of entry into force: 1 October 2001), hereinafter referred to as the ‘Georgia-Austria Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Republic of Cyprus and the Government of Georgia relating to Air Services signed at Tbilisi on 30 June 1997 (date of entry into force: 5 November 1998), hereinafter referred to as the ‘Georgia-Cyprus Agreement’ in Annex II,

                           —

                           Air Transport Agreement between the Federal Republic of Germany and the Republic of Georgia signed at Bonn on 25 June 1993 (date of entry into force: 27 November 1994), hereinafter referred to as the ‘Georgia-Germany Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Hellenic Republic and the Government of the Republic of Georgia on Air Transport signed at Tbilisi on 10 April 1997 (date of entry into force: 27 May 1998), hereinafter referred to as the ‘Georgia-Greece Agreement’ in Annex II,

                           —

                           Agreement between the Government of Ireland and the Government of the Republic of Georgia on Air Transport signed at Dublin on 2 March 1995 (date of entry into force: 2 March 1995), hereinafter referred to as the ‘Georgia-Ireland Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Republic of Lithuania and the Government of the Republic of Georgia relating to Air Services signed at Tbilisi on 12 April 1996 (date of entry into force: 12 January 1999), hereinafter referred to as the ‘Georgia-Lithuania Agreement’ in Annex II,

                           —

                           Agreement between the Kingdom of the Netherlands and the Republic of Georgia for Air Services between and beyond their respective territories signed at Wassenaar on 3 April 1995 (date of entry into force: 1 May 1997), hereinafter referred to as the ‘Georgia-Netherlands Agreement’ in Annex II,

                           —

                           Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and Government of the Executive Authority (Government) of Georgia relating to Air Services signed at Tbilisi on 17 September 2003, hereinafter referred to as ‘Georgia-United Kingdom Agreement’ in Annex II;
                           Supplemented by Memorandum of Understanding done at Tbilisi on 17 September 2003, and by the Agreed Record signed in Tbilisi on 2 November 2004.

               (b)

               Air service agreements and other arrangements initialled or signed between the Government of the Republic of Georgia and Member States of the European Community which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally:

                           —

                           Agreement between the Government of Belgium and the Government of the Republic of Georgia on Air Transport initialled on 24 February 1995, hereinafter referred to as the ‘Georgia-Belgium Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Republic of Hungary and the Government of the Republic of Georgia on Air Transport initialled on 29 June 1995, hereinafter referred to as the ‘Georgia-Hungary Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Republic of Latvia and the Government of Georgia concerning Civil Air Transport signed at Tbilisi on 5 October 2005, hereinafter referred to as the ‘Georgia-Latvia Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Republic of Poland and the Government of the Republic of Georgia concerning Civil Air Transport initialled at Warsaw on 26 April 1993, hereinafter referred to as the ‘Georgia-Poland Agreement’ in Annex II.

         ANNEX II
   List of Articles in the Agreements listed in Annex I and referred to in Articles 2 to 5 of this Agreement

               (a)

               Designation by a Member State:

                           —

                           Article 3 of the Georgia-Austria Agreement,

                           —

                           Articles 3 and 4 of the Georgia-Belgium Agreement,

                           —

                           Article 4 of the Georgia-Cyprus Agreement,

                           —

                           Article 3 of the Georgia-Germany Agreement,

                           —

                           Article 3 of the Georgia-Greece Agreement,

                           —

                           Article 3 of the Georgia-Hungary Agreement,

                           —

                           Article 3 of the Georgia-Ireland Agreement,

                           —

                           Article 3 of the Georgia-Latvia Agreement,

                           —

                           Article 3 of the Georgia-Lithuania Agreement,

                           —

                           Article 4 of the Georgia-Netherlands Agreement,

                           —

                           Article 3 of the Georgia-Poland Agreement,

                           —

                           Article 4 of the Georgia-UK Agreement.

               (b)

               Refusal, Revocation, Suspension or Limitation of Authorisations or Permissions:

                           —

                           Article 4 of the Georgia-Austria Agreement,

                           —

                           Article 5 of the Georgia-Belgium Agreement,

                           —

                           Article 5 of the Georgia-Cyprus Agreement,

                           —

                           Article 4 of the Georgia-Germany Agreement,

                           —

                           Article 4 of the Georgia-Greece Agreement,

                           —

                           Article 4 of the Georgia-Hungary Agreement,

                           —

                           Article 3, paragraphs 5 and 6, of the Georgia-Ireland Agreement,

                           —

                           Article 4 of the Georgia-Latvia Agreement,

                           —

                           Article 4 of the Georgia-Lithuania Agreement,

                           —

                           Article 5 of the Georgia-Netherlands Agreement,

                           —

                           Article 4 of the Georgia-Poland Agreement,

                           —

                           Article 5 of the Georgia-UK Agreement.

               (c)

               Regulatory control:

                           —

                           Article 7 of the Georgia-Belgium Agreement.

               (d)

               Taxation of Aviation Fuel:

                           —

                           Article 7 of the Georgia-Austria Agreement,

                           —

                           Article 10 of the Georgia-Belgium Agreement,

                           —

                           Article 7 of the Georgia-Cyprus Agreement,

                           —

                           Article 6 of the Georgia-Germany Agreement,

                           —

                           Article 9 of the Georgia-Greece Agreement,

                           —

                           Article 9 of the Georgia-Hungary Agreement,

                           —

                           Article 11 of the Georgia-Ireland Agreement,

                           —

                           Article 6 of the Georgia-Latvia Agreement,

                           —

                           Article 11 of the Georgia-Lithuania Agreement,

                           —

                           Article 10 of the Georgia-Netherlands Agreement,

                           —

                           Article 6 of the Georgia-Poland Agreement,

                           —

                           Article 8 of the Georgia-UK Agreement.

               (e)

               Tariffs for Carriage within the European Community:

                           —

                           Article 11 of the Georgia-Austria Agreement,

                           —

                           Article 13 of the Georgia-Belgium Agreement,

                           —

                           Article 17 of the Georgia-Cyprus Agreement,

                           —

                           Article 10 of the Georgia-Germany Agreement,

                           —

                           Article 12 of the Georgia-Greece Agreement,

                           —

                           Article 8 of the Georgia-Hungary Agreement,

                           —

                           Article 6 of the Georgia-Ireland Agreement,

                           —

                           Article 11 of the Georgia-Latvia Agreement,

                           —

                           Article 9 of the Georgia-Lithuania Agreement,

                           —

                           Article 6 of the Georgia-Netherlands Agreement,

                           —

                           Article 10 of the Georgia-Poland Agreement,

                           —

                           Article 7 of the Georgia-UK Agreement.

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

               (a)

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

               (b)

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

               (c)

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

               (d)

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