title: Council Decision (EU) 2017/75 of 21 November 2016 on the signing, on behalf of the Union and its Member States, and provisional application of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, to take account of the accession of the Republic of Croatia to the European Union

text:
               17.1.2017

               EN

               Official Journal of the European Union

               L 12/1

         COUNCIL DECISION (EU) 2017/75
   of 21 November 2016
   on the signing, on behalf of the Union and its Member States, and provisional application of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, to take account of the accession of the Republic of Croatia to the European Union
   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(5) and the second subparagraph of Article 218(8) thereof,
   Having regard to the Act of Accession of the Republic of Croatia, and in particular the second subparagraph of Article 6(2) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part (1) (‘the SAA’) was signed on 16 June 2008 and entered into force on 1 June 2015.

               (2)

               The Republic of Croatia became a Member State of the Union on 1 July 2013.

               (3)

               In accordance with the second subparagraph of Article 6(2) of the 2012 Act concerning the conditions of accession of the Republic of Croatia to the European Union, the accession of Croatia to the SAA should be agreed by the conclusion of a protocol to the SAA by the Council, acting unanimously on behalf of the Member States, and by the third country concerned.

               (4)

               On 24 September 2012, the Council authorised the Commission, on behalf of the Union and its Member States and the Republic of Croatia, to open negotiations with Bosnia and Herzegovina for the adaptation of agreements signed or concluded between the Union or the Union and its Member States with one or more third countries or international organisations, in view of the accession of the Republic of Croatia to the Union.

               (5)

               Those negotiations were successfully completed and the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’) was initialled on 18 July 2016.

               (6)

               The Protocol should be signed on behalf of the Union and its Member States, subject to its conclusion at a later date.

               (7)

               The conclusion of the Protocol is subject to a separate procedure as regards matters falling within the competence of the European Atomic Energy Community.

               (8)

               The Protocol should be applied on a provisional basis, pending the completion of the procedures necessary for its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union and its Member States of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and Bosnia and Herzegovina, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby authorised, subject to the conclusion of the said Protocol.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union and its Member States.
   Article 3
   The Protocol shall be applied on a provisional basis, in accordance with Article 8(2) thereof, as from the first day of the second month following the date of its signature (2), pending the completion of the procedures necessary for its conclusion.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 21 November 2016.

            For the Council

            The President

         P. PLAVČAN

      (1)  OJ L 164, 30.6.2015, p. 2.

      (2)  The date from which the Protocol will be provisionally applied will be published in the Official Journal of the European Union by the General Secretariat of the Council.


title: 2004/481/EC:Decision No 195 of 23 March 2004 on the uniform application of Article 22(l)(a)(i) of Regulation (EEC) No 1408/71 as regards health care in conjunction with pregnancy and childbirth (Text with relevance to the EEA and to the EU/Switzerland Agreement)

text:
30.4.2004            EN        Official Journal of the European Union                       L 160/133
                               Decision No 195 of 23 March 2004
  on the uniform application of Article 22(1)(a)(i) of Regulation (EEC) No 1408/71 as
            regards health care in conjunction with pregnancy and childbirth
           (Text with relevance to the EEA and to the EU/Switzerland Agreement)
                                          (2004/481/EC)
The Administrative Commission on Social Security for Migrant Workers,
Having regard to Article 81(a) of Regulation (EEC) No 1408/71 of 14 June 1971 on the
application of social security schemes to employed persons, to self-employed persons and
to members of their families moving within the Community1, under the terms of which it
is responsible for dealing with any administrative question arising from Regulation
(EEC) No 1408/71 and subsequent Regulations,
Having regard to Article 22(1)(a)(i) of Regulation (EEC) No 1408/71 relating to benefits
in kind during a temporary stay in a Member State other than the competent State, as
amended by Regulation (EC) No 631/2004 of 31 March 2004…. amending Regulations
(EEC) No 1408/71 and 574/72 as regards the alignment of rights and the simplification of
procedures2,
Having regard to Decision No 183 of 27 June 2001 on the interpretation of Article
22(1)(a) of Regulation (EEC) No 1408/7, concerning health care in conjunction with
pregnancy and childbirth3 and Decision No 194 of 17 December 2003 concerning the
uniform application of Article 22 (1) (a) (i) of Regulation (EEC) No 1408/71 in the
Member State of stay.
Whereas:
(1) Decision No 183 of 27 June 2001 stipulates that health care in conjunction with
     pregnancy and childbirth provided before the beginning of the 38th week of
     pregnancy in a Member State other than the competent State must be regarded as
     immediately necessary care in accordance with the aforementioned provisions if the
     reasons for this stay are other than medical.
1
    OJ L 149 of 5.7.1971, p. 2. Regulation last amended by Regulation (EC) No … of the European
Parliament and of the Council.
2
   OJ L 100 of 6.4.2004, p.1 …
3
   OJ L 54 of 25.2.2002.
 ---pagebreak--- (2) The provisions of Article 22(1)(a)(i) of Regulation (EEC) No 1408/71 were amended
    by Regulation (EC) No 631/2004 of 31 March 2004…. and henceforth stipulate that
    any insured person staying in a Member State other than the competent State is
    entitled to the benefits in kind required on medical grounds during the stay, taking
    account of the nature of the benefits and the expected duration of the stay.
(3) Accordingly, Decision No 183 no longer serves any purpose and must be repealed,
HAS DECIDED AS FOLLOWS:
1. The amount of the benefits in kind provided in conjunction with pregnancy and
    childbirth and required during a temporary stay in another Member State must be
    borne by the insured person’s competent institution in accordance with Article
    22(1)(a)(i) of Regulation (EEC) No 1408/71.
2.      The present Decision, which replaces Decision No 183 of 27 June 2001, will be
        published in the Official Journal of the European Union. It will be applicable
        from 1 June 2004
                                      The Chairman of the Administrative Commission
                                                       Tim Quirke


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32003D0853

2003/853/CFSP: Council Decision 2003/853/CFSP of 5 December 2003 extending the mandate of the Head of Mission of the European Union Monitoring Mission (EUMM)

Official Journal L 322 , 09/12/2003 P. 0032 - 0032

Council Decision 2003/853/CFSPof 5 December 2003extending the mandate of the Head of Mission of the European Union Monitoring Mission (EUMM)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 23(2) thereof,Having regard to Council Joint Action 2002/921/CFSP of 26 November 2002 extending the mandate of the European Union Monitoring Mission(1), and in particular Article 5(1) thereof,Whereas:(1) By Decision 2003/562/CFSP(2) the Council appointed Ms Maryse DAVIET as Head of Mission of the European Union Monitoring Mission until 31 December 2003, following the resignation of Mr Antóin MAC UNFRAIDH.(2) The mandate of the Head of Mission of the European Union Monitoring Mission should be extended,HAS DECIDED AS FOLLOWS:Article 1The mandate of Ms Maryse DAVIET as Head of Mission of the European Union Monitoring Mission is hereby extended.Article 2This Decision shall take effect on the date of its adoption.It shall apply until 31 December 2004.Article 3This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 5 December 2003.For the CouncilThe PresidentP. Lunardi(1) OJ L 321, 26.11.2002, p. 51, and corrigendum in OJ L 324, 29.11.2002, p. 76.(2) OJ L 190, 30.7.2003, p. 19.


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31998D0415(02)

Council Decision of 30 March 1998 appointing a member of the Advisory Committee of the Euratom Supply Agency

Official Journal C 114 , 15/04/1998 P. 0002 - 0002

COUNCIL DECISION of 30 March 1998 appointing a member of the Advisory Committee of the Euratom Supply Agency (98/C 114/02)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second and third paragraphs of Article 54 thereof,Having regard to Article X of the Statutes of the Euratom Supply Agency (1), as last amended by Decision 95/1/EC/Euratom/ECSC of 1 January 1995 (2),Having regard to the Council Decision of 27 June 1997 appointing the members of the Advisory Committee of the Euratom Supply Agency (3),Having regard to the opinion of the Commission,Whereas a member's seat on the aforementioned Committee has become vacant following the resignation of Ms Anne McGINLEY, which was brought to the Council's attention on 9 January 1998;Whereas this vacancy should be filled;Having regard to the nomination submitted by the Irish Government on 9 January 1998,HAS DECIDED:Sole Article Mr Patrick FAY is hereby appointed a member of the Advisory Committee of the Euratom Supply Agency for the remainder of the Committee's term of office, that is until 28 March 1999.Done at Brussels, 30 March 1998.For the CouncilThe PresidentLORD SIMON of HIGHBURY(1) OJ 27, 6.12.1958, p. 534/58.(2) OJ L 1, 1.1.1995, p. 1.(3) OJ C 210, 11.7.1997, p. 3.


title: 2014/627/EU: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the budget of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/330

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the budget of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2012
   (2014/627/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2012, together with the Joint Undertaking’s replies (1),

               —

               having regard to the Council’s recommendation of 18 February 2014 (05851/2014 – C7-0053/2014),

               —

               having regard to 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 (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Council Regulation (EC) No 521/2008 of 30 May 2008 setting up the Fuel Cells and Hydrogen Joint Undertaking for the implementation of the Joint Technology Initiative on Fuel Cells and Hydrogen (4), and in particular Article 11(4) thereof,

               —

               having regard to Council Regulation (EU) No 1183/2011 of 14 November 2011 amending Regulation (EC) No 521/2008 setting up the Fuel Cells and Hydrogen Joint Undertaking (5),

               —

               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 Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (6),

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (7), and in particular Article 108 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 (A7-0202/2014),

               1.

               Grants the Executive Director of the Fuel Cells and Hydrogen Joint Undertaking discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2012;

               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 Fuel Cells and Hydrogen Joint Undertaking, 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

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 369, 17.12.2013, p. 57.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 298, 26.10.2012, p. 1.

      (4)  OJ L 153, 12.6.2008, p. 1.

      (5)  OJ L 302, 19.11.2011, p. 3.

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

      (7)  OJ L 328, 7.12.2013, p. 42.


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32004D0234

2004/234/EC: Commission Decision of 9 March 2004 terminating the reinvestigation pursuant to Article 12 of Council Regulation (EC) No 384/96 of the anti-dumping measures applicable to imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People's Republic of China

Official Journal L 071 , 10/03/2004 P. 0035 - 0036

Commission Decisionof 9 March 2004terminating the reinvestigation pursuant to Article 12 of Council Regulation (EC) No 384/96 of the anti-dumping measures applicable to imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People's Republic of China(2004/234/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1) (the basic Regulation), as last amended by Regulation (EC) No 1972/2002(2), and in particular Article 12 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE(1) On 26 August 2002, the Commission received a request to investigate whether the anti-dumping measures imposed on integrated electronic compact fluorescent lamps (CFL-i) originating in the People's Republic of China have had an effect on resale prices or subsequent selling prices of the product concerned in the Community.(2) The request was lodged by the Establishing Legal Lighting Competition (E2LC) Federation (the applicant) on behalf of producers in the Community representing more than 90 % of the total Community production of the product concerned.(3) The request contained prima facie evidence showing that the anti-dumping duties imposed on CFL-i originating in the People's Republic of China had not led to any movement or sufficient movement in resale prices or subsequent selling prices in the Community.(4) The Commission, after consultation, by a notice published in the Official Journal of the European Communities(3), accordingly initiated an absorption reinvestigation concerning imports into the Community of the product concerned, currently classifiable within CN code ex 8539 31 90 and originating in the People's Republic of China pursuant to Article 12 of the basic Regulation.(5) The Commission officially advised the exporting producers and importers known to be concerned, the representatives of the exporting country, and the Community producers. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation.B. WITHDRAWAL OF THE REQUEST AND TERMINATION OF THE REINVESTIGATION(6) By a letter of 21 November 2003 to the Commission, the applicant formally withdrew its request.(7) In its withdrawal letter the applicant stressed, inter alia, that emphasis and priority should be given to those imports of CFL-i that have illegally taken place by violating the Community customs law, the international trade law and are otherwise in conflict with acceptable trade practices rather than on imports for which normal customs procedures have been fulfilled, on which anti-dumping duties have been paid and which apparently represent a minority of imports of Chinese CFL-i entering the Community. It further stressed that the extent and impudence of fraud is so alarming that priority should be given, in cooperation with the Community and Member State authorities, to tackle illegal trade practices which disrupt the Community market. The applicant also pointed to various anti-fraud investigations which had been successfully carried out in some Member States.(8) The reinvestigation may be terminated where the request is withdrawn, unless such termination would not be in the Community interest.(9) The Commission considered that the present reinvestigation should be terminated since the investigation had not brought to light any considerations showing that such termination would not be in the Community interest. Interested parties were informed accordingly and were given the opportunity to comment. No comments were received indicating that such termination would not be in the Community interest. However, some importers submitted that fraudulent trade practices are indeed distorting the competition and that necessary measures should be taken to fight these fraudulent practices.(10) The Commission therefore concludes that the absorption reinvestigation concerning imports into the Community of the product concerned originating in the People's Republic of China should be terminated,HAS ADOPTED THIS DECISION:Article 1The reinvestigation pursuant to Article 12 of Regulation (EC) No 384/96 of the anti-dumping measures applicable to imports of integrated electronic compact fluorescent lamps (CFL-i) originating in the People's Republic of China, is hereby terminated.Article 2This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.Done at Brussels, 9 March 2004.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 305, 7.11.2002, p. 1.(3) OJ C 244, 10.10.2002, p. 2.


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31994D0050

94/50/ECSC: Commission Decision of 20 December 1993 concerning the conclusion on behalf of the European Coal and Steel Community of the Additional Protocol to the interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community and the Republic of Poland and to the Europe Agreement between the European Communities and their Member States and the Republic of Poland

Official Journal L 025 , 29/01/1994 P. 0031 - 0032 Finnish special edition: Chapter 11 Volume 28 P. 0042  Swedish special edition: Chapter 11 Volume 28 P. 0042

COMMISSION DECISION of 20 December 1993 concerning the conclusion on behalf of the European Coal and Steel Community of the Additional Protocol to the interim Agreement on trade and trade-related matters between the European Economic Community and  the European Coal and Steel Community and the Republic of Poland and to the Europe Agreement between the European Communities and their Member States and the Republic of Poland (94/50/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,  Having regard to the conclusions of the European Council which has taken place in Copenhagen on 21 and 22 June 1993,  Whereas the Commission has negotiated on behalf of the Communities an Additional Protocol to the Interim Agreement on trade and trade-related matters and to the Europe Agreement with the Republic of Poland;  Whereas it is necessary to approve this Additional Protocol;  Whereas the conclusion of the Additional Protocol 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;  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 Additional Protocol to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Poland, of the other part and to the Europe  Agreement between the European Communities and their Member States of the one part and the Republic of Poland of the other part, is hereby approved on behalf of the European Coal and Steel Community.  This text is attached to this Decision (1).   Article 2  The President of the Commission shall give the notification provided for in Article 8 of the Additional Protocol on behalf of the European Coal and Steel Community.  Done at Brussels, 20 December 1993.  For the Commission The president Jacques DELORS  (1) See page 2 of this Official Journal.


title: 2012/557/EU: Decision of the European Parliament of 10 May 2012 on the discharge for implementation of the European Union general budget for the financial year 2010, Section VII — Committee of the Regions

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/113

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on the discharge for implementation of the European Union general budget for the financial year 2010, Section VII — Committee of the Regions
   (2012/557/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2010 (1),

               —

               having regard to the annual accounts of the European Union for the financial year 2010 (COM(2011) 473 – C7-0262/2011) (2),

               —

               having regard to the Committee of the Regions’ annual report to the discharge authority on internal audits carried out in 2010,

               —

               having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2010, together with the institutions’ replies (3),

               —

               having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2010 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to Article 314(10) and Articles 317, 318 and 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 (5), and in particular Articles 50, 86, 145, 146 and 147 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 (A7-0090/2012),

               1.

               Grants the Secretary-General of the Committee of the Regions discharge in respect of the implementation of the Committee of the Regions budget for the financial year 2010;

               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 Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Ombudsman and the European Data Protection Supervisor, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 64, 12.3.2010.

      (2)  OJ C 332, 14.11.2011, p. 1.

      (3)  OJ C 326, 10.11.2011, p. 1.

      (4)  OJ C 332, 14.11.2011, p. 134.

      (5)  OJ L 248, 16.9.2002, p. 1.
    ---documentbreak---

               17.10.2012

               EN

               Official Journal of the European Union

               L 286/114

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   with observations forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2010, Section VII — Committee of the Regions
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2010 (1),

               —

               having regard to the annual accounts of the European Union for the financial year 2010 (COM(2011) 473 – C7-0262/2011) (2),

               —

               having regard to the Committee of the Regions’ annual report to the discharge authority on internal audits carried out in 2010,

               —

               having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2010, together with the institutions’ replies (3),

               —

               having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2010 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to Article 314(10) and Articles 317, 318 and 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 (5), and in particular Articles 50, 86, 145, 146 and 147 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 (A7-0090/2012),

               1.

               Emphasises that in its 2010 Annual Report the Court of Auditors identified errors in relation to the recruitment of a permanent member of staff and a procurement procedure for interpreting services;

               2.

               Is satisfied with the explanations provided by the Committee of the Regions (CoR) regarding these errors, and with the decisions taken in order to ensure that such situations do not reoccur (improved recruitment procedure for officials from other institutions, supervision and monitoring of contract value estimates using a standard format for documentation, and enhancing the supervisory and control system for tenders by setting up a restricted-access mailbox);

               3.

               Welcomes the fact that the Court of Auditors has concluded, on the basis of its audit work, that the payments as a whole for the financial year ended 31 December 2010 for administrative and other expenditure of the institutions and bodies were free from material error; points out that the most likely error rate as regards administrative expenditure in general is estimated at 0,4 % (paragraphs 7.9 and 7.10);

               4.

               Welcomes the decision of the CoR to develop and implement a standard format for documentation of the estimates in case of negotiated procedures;

               5.

               Notes that in 2010 the CoR had commitment appropriations available amounting to a total of EUR 90 800 000 (EUR 88 000 000 in 2009), with an improved utilisation rate of 99,4 % for 2010 (in 2009 it stood at 98,37 %); stresses that the CoR’s budget is purely administrative, with 72 % of expenditure relating to persons working with the institution and 28 % relating to buildings, furniture, equipment and miscellaneous running costs;

               6.

               Calls on the CoR to limit increases of future budgets to a strict minimum and to finance new or extended activities primarily from savings and rationalisation of existing expenditure;

               7.

               Calls on the CoR to undertake a comprehensive spending review based on the principle of zero-based budgeting to identify savings, rather than simply adding a nominal percentage increase in line with inflation to existing budgets during each budget cycle;

               8.

               Is pleased to note that, in response to the call made in Parliament’s resolution of 10 May 2011 (6) on discharge for the financial year 2009, the CoR has strengthened its budgetary procedure, which now comprises four stages: preparation by the CoR’s administration, assessment of the preliminary draft by the Committee for Financial and Administrative Affairs (CAFA), decision by the CoR Bureau and Plenary Assembly on the draft budget, and a mid-term review of implementation;

               9.

               Welcomes the fact that the CoR and the European Economic and Social Committee (EESC) finally obtained EMAS (EU Eco-Management and Audit Scheme) certification on 27 December 2011; asks to be informed of the total quantity of energy used which is produced from renewable sources;

               10.

               Is pleased with the results set out in the mid-term review of the functioning of the administrative cooperation agreement between the CoR and the EESC; notes in particular that in establishing joint services the two Committees have been able to make budget savings; would like the Committees to implement the recommendations relating to personnel (further harmonisation of rules), social and medical services and internal services; would like to be informed before the next discharge procedure on the amount of savings made;

               11.

               Compliments the CoR on the quality of the summary of the internal audit service’s activities; calls for the audits on the implementation of newly established rights and on budget line management to be carried out as soon as possible, and calls for the recommendations on the setting-up of internal control standards to be followed up more closely and for the adequacy of financial circuits to be strengthened;

               12.

               Further compliments the CoR on the improvement plan drawn up in response to the organisation management self-assessment (CAF (7): public administration self-assessment), which aims to:

                           —

                           improve the effectiveness and follow-up of consultative and political activities,

                           —

                           improve support for political activities and enhance interinstitutional relations and international partnerships,

                           —

                           step up cooperation with and between local and regional authorities and related associations,

                           —

                           look into how the CoR’s political mechanisms might benefit from the improved efficiency, including possible reductions in travel expenses, that might be achieved with the use of video-conferencing,

                           —

                           improve the support on offer for CoR members as regards providing citizens’ representatives with information about the CoR,

                           —

                           organise regular seminars for management staff in the presence of the President of the CoR;

                     asks to be kept up to date with this initiative by means of the annual activity report;

               13.

               Is impressed by the consistent quality of the annual activity report; hopes that the report will, in future, also include an exhaustive table of all the human resources at the CoR’s disposal, broken down by category, grade, sex, participation in professional training and nationality;

               14.

               Reconfirms its position that, in the interests of transparency, declarations of financial interests, including regular updates, of members of all institutions should be accessible on the internet; in this context, is pleased to note that the CoR’s Bureau decided, in December 2011, to make members’ declarations of financial interests available online, in the section of the website devoted to information on members;

               15.

               Notes that the Treaty on the Functioning of the European Union highlights the importance of the subsidiarity principle, thus strengthening the role of the CoR; in this context, congratulates the CoR, in particular for its work on the ‘Europe 2020’ strategy and on multi-level governance;

               16.

               Takes the view that the CoR’s annual impact report is a useful tool for assessing its work;

               17.

               Calls for all opinions issued by the CoR to be attached to the relevant files.

      (1)  OJ L 64, 12.3.2010.

      (2)  OJ C 332, 14.11.2011, p. 1.

      (3)  OJ C 326, 10.11.2011, p. 1.

      (4)  OJ C 332, 14.11.2011, p. 134.

      (5)  OJ L 248, 16.9.2002, p. 1.

      (6)  OJ L 250, 27.9.2011, p. 102.

      (7)  Common Assessment Framework, European Institute for Public Administration, Maastricht 2006.


title: Council Decision of 31 May 2010 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

text:
               5.6.2010

               EN

               Official Journal of the European Union

               C 147/19

         COUNCIL DECISION
   of 31 May 2010
   appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
   2010/C 147/05
   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 nomination submitted by the Greek Government,
   Having regard to the nomination submitted to the Council by the Commission in the category of Employees' representatives,
   Having regard to the nomination submitted to the Council by the Commission in the category of Employers' representatives,
   Whereas:

               (1)

               By its Decision of 14 September 2009 (2), 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 2009 to 17 September 2012.

               (2)

               A member's seat on the Governing Board of the Centre in the category of Government representatives has become vacant as a result of the resignation of Mr Konstantinos TSOUTSOPLIDIS.

               (3)

               A member's seat on the Governing Board of the Centre in the category of Employees' representatives has become vacant as a result of the resignation of Ms Santa OZOLINA (LV).

               (4)

               A member's seat on the Governing Board of the Centre in the category of Employers' representatives has become vacant as a result of the resignation of Ms Józef Jacek HORDEJUK (PL),

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following persons are hereby appointed member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2012:

                  GOVERNMENT REPRESENTATIVE:

                           GREECE

                           :

                           Ms Alexandra IOANNIDOU

                  REPRESENTATIVES OF EMPLOYEES' ORGANISATIONS:

                           LATVIA

                           :

                           Ms Ruta PORNIECE
                           Free Trade Confederation of Latvia/Riga

                  REPRESENTATIVES OF EMPLOYERS' ORGANISATIONS:

                           POLAND

                           :

                           Mr Andrzej STEPNIKOWSK
                           Polish Craft Association — ZRP/Warszawa

      Done at Brussels, 31 May 2010.

            For the Council

            The President

         M. SEBASTIÁN

      (1)  OJ L 39, 13.2.1975, p. 1.

      (2)  OJ C 226, 19.9.2009, p. 2.


title: 2005/17/EC: Council Decision of 15 November 2004 appointing one Italian member and one Italian alternate member of the Committee of the Regions

text:
               14.1.2005

               EN

               Official Journal of the European Union

               L 11/27

         COUNCIL DECISION
   of 15 November 2004
   appointing one Italian member and one Italian alternate member of the Committee of the Regions
   (2005/17/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Italian Government,
   Whereas:

               (1)

               On 22 January 2002 the Council adopted a Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions (1).

               (2)

               A seat as a member and a seat as an alternate member of the Committee of the Regions have become vacant following the expiry of the mandates of Mr Mauro PILI, member (IT), and Mr Carlo ANDREOTTI, alternate member (IT), notified to the Council on 8 November 2004,

         HAS DECIDED AS FOLLOWS:
   Sole Article

               (a)

               Mr Renato SORU
               Presidente della Regione Sardegna
               is hereby appointed a member in place of Mr Mauro PILI

               (b)

               Mr Enzo GHIGO,
               Presidente della Regione Piemonte nonché della Conferenza dei Presidenti delle Regioni e Province Autonome italiane
               is hereby appointed an alternate member in place of Mr Carlo ANDREOTTI

         for the remainder of their term of office, which runs until 25 January 2006.

      Done at Brussels, 15 November 2004

            For the Council

            The President

         M. van der HOEVEN

      (1)  OL L 24, 26.1.2002, p. 38.


title: Council Decision of 29 September 1970 on the conclusion of an Agreement with Israel negotiated under Article XXVIII (4) of GATT

text:
                                        Official Journal of the European Communities                                       277
No L 218/30                             Official Journal of the European Communities                                    3.10.70
                                                       COUNCIL DECISION
                                                        of 29 September 1970
                on the conclusion of an Agreement with Israel negotiated under Article XXVIII (4) of GATT
                                                            (70/450/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                              HAS DECIDED AS FOLLOWS :
                                                                                Article 1
Having regard to the Treaty establishing the European
                                                                     The Agreement negotiated with Israel under Article
Economic Community, and in particular Article 113
thereof;                                                             XXVIII (4) of the General Agreement on Tariffs and
                                                                     Trade is concluded on behalf of the European Economic
                                                                     Community. The text of the Agreement is annexed to
Having regard to the report from the Commission;                     this Decision.
                                                                                Article 2
Whereas in accordance with the provisions of Article                 The Contracting Parties to the General Agreement on
XXVIII (4) of the General Agreement on Tariffs and                   Tariffs and Trade shall be notified of the conclusion of
Trade, the Government of Israel has expressed its wish                this Agreement.
to withdraw concessions concerning the European Econ
omic Community; whereas that withdrawal has been the                  Done at Brussels, 29 September 1970.
subject of negotiations for compensation;
                                                                                For the Council
Whereas the concessions offered by Israel in compensa                                                    The President
tion for those withdrawn are satisfactory,                                                                S. von BRAUN
                                                               ANNEX
                                              ARTICLE XXVIII (4) NEGOTIATIONS
                                                     SCHEDULE XLII - ISRAEL
              The Delegations of Israel and of the Commission of the European Communities have concluded their
              negotiations under Article XXVIII (4) for the modification or withdrawal of concessions provided for
               in Schedule XLII as set out in the attached report.
              For the Delegation ofIsrael                            For the Delegation ofthe Commission
                                                                     ofthe European Communities
              Geneva, IS January 1970
 ---pagebreak--- 278                                 Official Journal of the European Communities
     Results of the negotiations with the Commission of the European Communities under Article XX VIII (4)
                        for the modification or withdrawal of concessions in the Schedule of Israel
                                      CHANGES IN SCHEDULE XLII - ISRAEL
     A. CONCESSIONS TO BE WITHDRA WN
                                                                                Rate of duty
         TarifTitem No                               Description of products                                  bound in
                                                                                existing schedule
         29.38 (a) (9)       Other vitamins of a kind used for animal feeding (feed grade)                     5%
        29.19                 Phosphoric esters and their salts, including lactophosphates
                             and their halogenated, sulphonated , nitrated or nitrosated
                             derivatives                                                                      exempt
        29.44                Antibiotics                                                                      exempt
        30.01 (a)            Organo-therapeutic organs                                                        exempt
        30.03 (h)            Medicinal antibiotic preparations                                                exempt
        39.02(a)(1 )         Polyethylene                                                                     70%
    ex 40.1 1 ( b) (9)       Metallic tyres of all sizes                                                      35%
        56.01 (a)            Synthetic fibres discontinuous                                                   30%
        56.02 (a)            Continuous filament tow of synthetic fibres                                      30%
        56.04 (a)(1 )        Synthetic discontinuous fibres                                                   30%
    ex 70.04(b)(1 )          Plate glass, other than crystal glass                                            50%
    ex 70.05(a)(1 )          Plate glass, other than crystal glass                                           50%
    ex 84.40 (a) (2) A       Wringing and steam presses for textile industry                                 exempt
        90.23 (b) (2)        Medical thermometers                                                            30%
                    (3)      Thermometers for acquariums                                                    100%
                   (9)       Other thermometers                                                              30%
        90.24(a) (9)         Pressure gauges, other                                                          30%
        90.26 (a) (9)        Electricity supply meters, other                                                35 %
        90.28 (a) (9)        Electrical or electronic instruments, etc. , other                              40%
        90.29 (0             Ex Watermeter parts, nes.                                                       23%
    B. CONCESSIONS TO BE MODIFIED
                                                                                Rate of duty :
         TarifTitem No                       Description of products                bound in
                                                                                existing              to be bound
                                                                                schedule
    38.11                    Disinfectants, insecticides, fungicides, weed
                             killérs, antisprouting products, rat poisons
                            and similar products, put up in forms or pack
                            ing for sale by retail or as preparations or as
                            articles (for example, sulphur-treated bands,
                            wicks and candles, fly-papers)
            1000            Substances of a kind used in the prevention
                            and control of animal or plant pests and dis
                            eases
            1010            Certified by the Director General of the Mini
                            stry of Agriculture not to be of kinds produced
                            locally nor to be substitutes thereof                  exempt                    exempt
 ---pagebreak---                              Official Journal of the European Communities                                    279
                                                                                Rate of duty :
      Tariff item No                     Description of products        bound in
                                                                        existing                 to be bound
                                                                        schedule
         1090         Other                                            exempt                    45%
 51.01                Yarn of man-made fibres (continuous) not
                      put up for retail sale
        2000          Of artificial fibres
        2091          Not exceeding 60 deniers                         30%                      45%
84.4                  Sewing machines ; furniture specially designed
                      for sewing machines ; sewing machine needles
         a            Sewing machines
        (9           Others and parts thereof
                ex    Industrial sewing machines                       exempt
                     The modified description :
        1010          Machines and heads of the kind exclusively
                     used for sewing on buttons, buttonhole sew
                     ing, hat-manufacture, glove manufacture, sew
                     ing up bags, also machines and heads which
                     have been certified by the Director General of
                     the Ministry of Commerce and Industry to be
                     constructed for a special operation only                                   exempt
        1029         Other, weighing over 18-5 kg                                               exempt
                     In this paragraph : 'weight' = weight of the
                     head without motor, driving devices or gears
                     not being inner parts, accessories, spare parts
                     and furniture
85.23                Insulated (including enamelled or anodized)
                     electric wire, cable, bars, strip and the like
                     (including coaxial cable) whether or not fitted
                     with connectors
        4000         With 16 conductors or more, single stranded       15 %                     25 %
        4010         Paper insulated
        9900         Other
        9910         Paper insulated
       9911          With 4 to 16 conductors, single stranded, each
                     of a thickness from 0-4 to 0-9 mm                 15%                      25 %
87.02                Motor vehicles for the transport of persons,
                     goods or materials (including sports motor
                     vehicles, other than those of heading No 87.09)
        1090         Other passenger cars of a piston displacement
                     in cc :
        1091         Less than 1300 cc                               IL 1-50/kg               IL 2-80/kg
                                                                     + 50 %                   + 50 %
        1092         From 1300 to 1800 cc                            IL 2-00/kg               IL 2-90/kg
                                                                     + 60 %                   + 50 %
        3082         Delivery vans of an authorized total weight
                     not exceeding 2200 kg                           IL 1-50/ kg              IL 2-90/kg
                                                                     + 50 %                   + 50 %
90.02                Lenses, prisms, mirrors and other optical ele
                     ments, of any material, mounted, being parts
                     of or fittings for instruments or apparatus,
                     other than such elements of glass not optically
                     worked
 ---pagebreak--- 280                           Official Journal of the European Communities
    C. NEW CONCESSIONS ON ITEMS IN THE EXISTING SCHEDULE
                                                                                Kate of duty :
        Tariff item No                  Description of products           bound in
                                                                          existing                  to be bound
                                                                          schedule
              9920      Lenses
              9929      Of more than one optical unit
                    ex  For photographic apparatus                           70%                          IL
                                                                                35/ mounted
                                                                                unit + 20 %
                    ex  For projectors or other cinematographic appa
                        ratus                                               35 ΰ/0                        IL
                                                                                35/mounted
                                                                                unit + 20 %
     90.08              Cinematographic cameras, projectors, sound
                        recorders and sound reproducers, any combi
                        nation of these articles
             4000       Parts and accessories :
             4090       Other parts and accessories :
             4094       Tripods                                             70%                     IL 10 each
                                                                                + 25 %
    39.02               Polymerization and copolymerization pro
                       ducts (for example, polyethylene, polytetra
                        haloethylene, polyisobutylene, polystyrene,
                        polyvinyl chloride, polyvinyl acetate, polyvi
                       nyl chloroacetate and other polyvinyl deriva
                       tives, polyacrylic and polymethacrylic deriva
                       tives, coumarone-indene resins)
             1020      Polystyrene                                          60%                        35%
    84.62              Ball , roller or needle roller bearings
             1000·     The bearings                                         25%                         « 5%
             2000      The parts                                            25%                         15 %
    85.13              Electrical line telephonic and telegraphic appa
                       ratus (including such apparatus for carrier
                       current line systems)
             1039      Telephone switchboards and exchanges (other
                       than intercoms of sub-item No 1021 )                 60%                        40%
        ex 2090        Parts suitable for the telephone exchanges of
                       sub-item No 1039                                     60%                        40%
    90.02              Lenses, prisms, mirrors and other optical ele
                       ments, of any material, mounted, being parts
                       of or fittings for instruments or apparatus,
                       other than such elements of glass not optically
                       worked
            9910       Colour filters for cameras                       35 and 70 %                    25%
    D. NEW CONCESSIONS ON ITEMS NOT IN THE EXISTING SCHEDULE
        Tariff item No                 Description of products                   Rate of duty to be bound
    37.03              Sensitized paper, paperboards and cloth , un
                       exposed or exposed but not developed
             9990      Other than high contrast paper and paper for
                       filming by the diffusion transfer
 ---pagebreak---                           Official Journal of the European Communities                                       281
    Tariff item No                  Description of prodacts                   Rate of duty to be bound
        9991         Monochrome                                       As from 10.2.1970 70 % but not
                                                                      less than IL 2-95/m2
                                                                      As from 1.1.1971 70 % but not less
                                                                      than IL 2 70/m2
                                                                      As from 1 . 1 . 1972 70 % but not less
                                                                      than IL2-50/m2
41.04               Goat and kid skin leather, except leather fall
                    ing within heading No 41.06, 41.07 or 41.08       30 % but not less than IL 0-40/sp.
                                                                      foot
51.01               Yarn of man-made fibres (continuous) not put
                    up for retail sale
        1000        Of synthetic fibres      -
        1010        Modified (for example stretch, stabilized,
                    bulked or texturi zed, crimped and similar
                    modifications)
        1019        Other                                             40%
        1090        Other
            21      Not exceeding 60 deniers                          IL 6-00/kg
           22       Exceeding 60 and not exceeding 300 deniers,
                    twisted over 50 rounds per metre                  IL 6-00/kg
           24       Exceeding 60 and not exceeding 300 deniers,
                    other                                             IL 3-20/kg
           29       Other                                             15 %      .
59.13               Elastic fabrics and trimmings (other than knit
                    ted or crocheted goods) consisting of textile
                    materials combined with rubber threads
        1000        Fabrics
        1090       Other (not including fabrics containing wool
                   or any other animal hair in any proportion,
                   nor fabrics containing 100 % man-made dis
                   continuous fibres in lengths exceeding 40 mm) 55 % but not less than IL 6-50/m2
60.06               Knitted or crocheted fabrics and articles there
                   of, elastic or rubberized (including elastic knee
                   caps and elastic stockings)
       1000         Elastic fabrics
       1090        Other (not including fabrics containing wool
                     or any other animal hair in any proportion,
                   nor fabrics containing 100 % man-made dis
                   continuous fibres in lengths exceeding 40 mm) 55 % but not less than IL 6-50/m2
83.02               Base metal fittings and mountings of a kind
                   suitable for furniture doors, staircases, win
                   dows, blinds, coachwork, saddlery, trunks,
                   caskets and the like (including automatic door
                   closers); base metal hat-racks, hat-pegs, brac
                   kets and the like                                  40%
84.53               Statistical machines of a kind operated in con
                   junction with punched cards (for example, sort
                   ing, calculating and tabulating machines); ac
                   counting machines operated in conjunction
                   with similar punched cards; auxiliary machines
                   for use with such machines (forexample, punch
                   ing and checking machines)
 ---pagebreak--- 282                         Official Journal of the European Communities
       Turilt item No                Description of products                  Rate ol duty to be bound
        ex 1000        Computers ( units of a value over $ 50.000 fob)    5 %
                      (The value for customs purposes to be assessed
                      on 35 monthly rental payments)
    85.12              Electric instantaneous or storage water hea
                      ters and immersion heaters ; electric soil heating
                      apparatus and electric space heating appara
                      tus ; electric hairdressing appliances ( for ex
                      ample, hair dryers, hair curlers, curling tong
                      heaters) and electric smoothing irons ; electro
                      thermic domestic appliances ; electric heating
                      resistors, other than those of carbon
             2000     Hair dryers                                        40 %
    90.16             Drawing, marking-out and mathematical cal
                      culating instruments, drafting machines, pan
                       tographs, slide rules, disc calculators and the
                      like ; measuring or checking instruments, ap
                    » pliances and machines, not falling within any
                      other heading of this chapter (for example, mi
                      crometers, callipers, gauges, measuring rods,
                      balancing machines); profile projectors
             1000     Drawing instruments ; pantographs
             1011      Instruments of a type whose use involves per
                      manent attachment to table or drawing board ;
                      pantographs                                        20 % As from 15.1.1970        1.1.1975
              1019    Others                                                                 80 %       55 %
             4000     Length measuring or checking instruments ;
                      divided scales of all kinds ; bubble levels and
                      plumb lines
             4050     Divided scales                                                         80 %       55 %


title: 2014/894/CFSP: Political and Security Committee Decision EUTM Mali/4/2014 of 9 December 2014 on the acceptance of a third State contribution to the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali)

text:
               12.12.2014

               EN

               Official Journal of the European Union

               L 355/50

         POLITICAL AND SECURITY COMMITTEE DECISION EUTM MALI/4/2014
   of 9 December 2014
   on the acceptance of a third State contribution to the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali)

      (2014/894/CFSP)

   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third subparagraph of Article 38 thereof,
   Having regard to Council Decision 2013/34/CFSP of 17 January 2013 on a European Union military mission to contribute to the training of Malian Armed Forces (EUTM Mali) (1), and in particular Article 8(2) thereof,
   Whereas:

               (1)

               Pursuant to Article 8(2) of Decision 2013/34/CFSP, the Council authorised the Political and Security Committee (PSC) to invite third States to offer contributions and to take the relevant decisions on acceptance of the proposed contributions by third States.

               (2)

               Following recommendation on a contribution from Serbia by the EU Mission Commander and the advice from the European Union Military Committee (EUMC), the contribution from Serbia should be accepted.

               (3)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The contribution from Serbia to the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) is accepted and is considered to be significant.
   2.   Serbia is exempted from financial contributions to the budget of EUTM Mali.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 9 December 2014.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 14, 18.1.2013, p. 19.


title: Council Decision of 21 October 2010 on the position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, with regard to the adoption of provisions on the coordination of social security systems

text:
               23.11.2010

               EN

               Official Journal of the European Union

               L 306/1

         COUNCIL DECISION
   of 21 October 2010
   on the position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, with regard to the adoption of provisions on the coordination of social security systems
   (2010/697/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(b) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article 67 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (1) (the Agreement), provides that the Association Council shall adopt provisions to implement the principles on the coordination of social security systems as set out in Article 65 of the Agreement before the end of the first year following its entry into force.

               (2)

               Objective 29, third indent, of the EU-Morocco Action Plan adopted by the Association Council in the context of the European Neighbourhood Policy on 27 July 2005 calls for the adoption by the Association Council of a decision implementing Article 65 of the Agreement.

               (3)

               In accordance with Articles 1 and 2 of Protocol (No 22) on the Position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (4)

               In accordance with Articles 1 and 2 of Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of the said Protocol, these Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, concerning the implementation of Article 67 of the Agreement, shall be based on the draft decision of the Association Council attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 21 October 2010.

            For the Council

            The President

         J. MILQUET

      (1)  OJ L 70, 18.3.2000, p. 2.
    ---documentbreak---

               23.11.2010

               EN

               Official Journal of the European Union

               L 306/2

         Draft
   DECISION No …/… OF THE ASSOCIATION COUNCIL
   set up by the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part,
   of …
   with regard to the provisions on the coordination of social security systems contained in the Euro-Mediterranean Agreement
   THE ASSOCIATION COUNCIL,
   Having regard to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (1), and in particular Article 67 thereof,
   Whereas:

               (1)

               Articles 65 to 68 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part (the Agreement), provide for the coordination of the social security systems of Morocco and the Member States. Article 65 lays down the principles for such coordination.

               (2)

               Article 67 of the Agreement provides that the Association Council shall adopt a decision implementing the principles set out in Article 65 before the end of the first year following the entry into force of the Agreement.

               (3)

               Objective 29, third indent, of the EU-Morocco Action Plan, as adopted by the Association Council in the context of the European Neighbourhood Policy on 27 July 2005, calls for the adoption of a decision implementing Article 65 of the Agreement.

               (4)

               With regard to the application of the non-discrimination principle, this Decision should not give any additional rights arising from certain facts or events occurring on the territory of the other contracting party, where such facts or events are not taken into account under the legislation of the first contracting party, other than the right to export certain benefits.

               (5)

               In applying this Decision, the right of Moroccan workers to family benefits should be subject to the condition that their family members legally reside with these workers in the Member State where the workers are employed. This Decision should not give any entitlement to family benefits with respect to members of their family who reside in another State, for instance Morocco.

               (6)

               Council Regulation (EC) No 859/2003 (2) already extends the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the grounds of their nationality. Regulation (EC) No 859/2003 already covers the principle of aggregation of insurance periods acquired by Moroccan workers in the various Member States regarding entitlement to certain benefits, as set out in Article 65(2) of the Agreement.

               (7)

               It might be necessary to lay down special provisions which correspond to the specific characteristics of the legislation of Morocco, in order to facilitate the application of the coordination rules.

               (8)

               To ensure the smooth functioning of the coordination of the social security systems of the Member States and of Morocco, it is necessary to provide for specific provisions regarding the cooperation between the Member States and Morocco as well as between the person concerned and the institution of the competent State.

               (9)

               Transitional provisions should be adopted to protect the persons covered by this Decision and to ensure that they do not lose rights as a result of its entry into force,

         HAS ADOPTED THIS DECISION:
   PART I

      GENERAL PROVISIONS

   Article 1
   Definitions
   1.   For the purposes of this Decision:

               (a)

               ‘Agreement’ means the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part;

               (b)

               ‘Regulation’ means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3) as applicable in the Member States of the European Union;

               (c)

               ‘implementing Regulation’ means Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (4);

               (d)

               ‘Member State’ means a Member State of the European Union;

               (e)

               ‘worker’ means,

                           (i)

                           for the purposes of the legislation of a Member State, a person pursuing an activity as an employed person within the meaning of Article 1(a) of the Regulation;

                           (ii)

                           for the purposes of the legislation of Morocco, a person pursuing an activity as an employed person within the meaning of that legislation;

               (f)

               ‘member of the family’ means,

                           (i)

                           for the purposes of the legislation of a Member State, a member of the family within the meaning of Article 1(i) of the Regulation;

                           (ii)

                           for the purposes of the legislation of Morocco, a member of the family within the meaning of that legislation;

               (g)

               ‘legislation’ means,

                           (i)

                           in relation to the Member States, legislation within the meaning of Article 1(l) of the Regulation;

                           (ii)

                           in relation to Morocco, the corresponding relevant legislation as applicable in Morocco;

               (h)

               ‘benefits’ means,

                           (i)

                           in relation to the Member States, benefits within the meaning of Article 3 of the Regulation;

                           (ii)

                           in relation to Morocco, the corresponding benefits applying in Morocco;

               (i)

               ‘exportable benefits’ means,

                           (i)

                           in relation to the Member States:

                                       —

                                       old-age pensions,

                                       —

                                       survivors’ pensions,

                                       —

                                       pensions in respect of accidents at work and occupational diseases,

                                       —

                                       invalidity pensions related to accidents at work and occupational diseases,

                                 within the meaning of the Regulation, with the exception of special non-contributory cash benefits as listed in Annex X to the Regulation;

                           (ii)

                           in relation to Morocco, the corresponding benefits provided under the legislation of Morocco, with the exception of special non-contributory cash benefits as set out in Annex I to this Decision.

         2.   Other terms used in this Decision shall have the meaning which is assigned to them:

               (a)

               in relation to the Member States, in the Regulation and the implementing Regulation;

               (b)

               in relation to Morocco, in the relevant legislation as applicable in Morocco.

         Article 2
   Persons covered
   This Decision shall apply:

               (a)

               to workers who are Moroccan nationals and who are or have been legally employed in the territory of a Member State and who are or have been subject to the legislation of one or more Member States, and their survivors;

               (b)

               to the members of the family of workers referred to in point (a) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in a Member State;

               (c)

               to workers who are nationals of a Member State who are or have been legally employed in the territory of Morocco and who are or have been subject to the legislation of Morocco, and their survivors; and

               (d)

               to the members of the family of workers referred to in point (c) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in Morocco.

         Article 3
   Equality of treatment
   1.   Workers who are Moroccan nationals and are legally employed in a Member State and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to nationals of the Member States in which those workers are employed.
   2.   Workers who are nationals of a Member State and are legally employed in Morocco and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to Moroccan nationals.
   PART II

      RELATIONS BETWEEN THE MEMBER STATES AND MOROCCO

   Article 4
   Waiving of residence clauses
   1.   Exportable benefits within the meaning of Article 1(1)(i) to which the persons as referred to in Article 2(a) and (c) are entitled shall not be subject to any reduction, modification, suspension, withdrawal or confiscation by reason of the fact that the beneficiary is residing,

               (i)

               for the purpose of a benefit under the legislation of a Member State, within the territory of Morocco; or

               (ii)

               for the purpose of a benefit under the legislation of Morocco, within the territory of a Member State.

         2.   Family members of a worker as referred to in Article 2(b) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of the Member State concerned when these family members reside within the territory of Morocco.
   3.   Family members of a worker as referred to in Article 2(d) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of Morocco when these family members reside within the territory of a Member State.
   PART III

      MISCELLANEOUS PROVISIONS

   Article 5
   Cooperation
   1.   The Member States and Morocco shall communicate to each other all information regarding changes in their legislation which may affect the implementation of this Decision.
   2.   For the purposes of this Decision, the authorities and institutions of the Member States and of Morocco shall lend one another their good offices and act as though implementing their own legislation. The administrative assistance given by the said authorities and institutions shall, as a rule, be free of charge. However, the competent authorities of the Member States and of Morocco may agree to certain expenses being reimbursed.
   3.   The authorities and institutions of the Member States and of Morocco may, for the purposes of this Decision, communicate directly with one another and with the persons involved or their representatives.
   4.   The institutions and persons covered by this Decision shall have a duty of mutual information and cooperation to ensure the correct implementation of this Decision.
   5.   The persons concerned must inform the institutions of the competent Member State or Morocco, where the latter is the competent State, and of the Member State of residence or Morocco, where the latter is the State of residence, as soon as possible of any change in their personal or family situation which affects their right to benefits under this Decision.
   6.   Failure to respect the obligation of information referred to in paragraph 5 may result in the application of proportionate measures in accordance with national law. Nevertheless, these measures shall be equivalent to those applicable to similar situations under domestic law and shall not make it impossible or excessively difficult in practice for claimants to exercise the rights conferred on them by this Decision.
   7.   The Member States and Morocco may provide for national provisions that establish conditions for the verification of entitlement to benefits to take into account the fact that the beneficiaries are staying or residing outside the territory of the State where the debtor institution is located. Such provisions shall be proportionate, free from any discrimination based on nationality and in accordance with the principles of this Decision. Such provisions shall be notified to the Association Council.
   Article 6
   Administrative checks and medical examinations
   1.   This Article shall apply to the persons as referred to in Article 2 and in receipt of exportable benefits as referred to in Article 1(1)(i), as well as to the institutions in charge of the implementation of this Decision.
   2.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing within the territory of a Member State when the debtor institution is located in Morocco or in Morocco when the debtor institution is located in a Member State, the medical examination shall be carried out, at the request of that institution, by the institution of the beneficiary’s place of stay or residence in accordance with the procedures laid down by the legislation applied by that institution.
   The debtor institution shall inform the institution of the place of stay or residence of any special requirements, if necessary, to be followed and points to be covered by the medical examination.
   The institution of the place of stay or residence shall forward a report to the debtor institution that requested the medical examination.
   The debtor institution shall reserve the right to have the beneficiary examined by a doctor of its choice, either in the territory where the recipient or claimant of benefit is staying or residing or in the country where the debtor institution is located. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.
   3.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing in the territory of a Member State when the debtor institution is located in Morocco or in Morocco when the debtor institution is located in a Member State, the administrative check shall, at the request of the debtor institution, be performed by the institution of the beneficiary’s place of stay or residence.
   The institution of the place of stay or residence shall forward a report to the debtor institution that requested the administrative check.
   The debtor institution shall reserve the right to have the situation of the beneficiary examined by a professional of its choice. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.
   4.   One or more Member States and Morocco may agree on other administrative provisions, subject to their informing the Association Council thereof.
   5.   As an exception to the principle of free-of-charge mutual administrative assistance set out in Article 5(2) of this Decision, the effective amount of the expenses of the checks referred to in paragraphs 2 and 3 of this Article shall be refunded to the institution which was requested to carry them out by the debtor institution which requested them.
   Article 7
   Application of Article 90 of the Agreement
   Article 90 of the Agreement shall apply in case either Party considers that the other Party has not complied with the obligations as laid down in Articles 5 and 6.
   Article 8
   Special provisions for the application of the legislation of Morocco
   The Association Council may, if necessary, lay down special provisions for the application of the legislation of Morocco in Annex II.
   Article 9
   Administrative procedures from existing bilateral agreements
   Administrative procedures contained in existing bilateral agreements between a Member State and Morocco may continue to apply provided that those procedures do not adversely affect the rights or obligations of the persons concerned established by this Decision.
   Article 10
   Agreements supplementing the procedures for implementing this Decision
   One or more Member States and Morocco may conclude agreements designed to supplement the administrative procedures for implementing this Decision especially with regard to preventing and combating fraud and error.
   PART IV

      TRANSITIONAL AND FINAL PROVISIONS

   Article 11
   Transitional provisions
   1.   No rights shall be acquired pursuant to this Decision for the period before its date of entry into force.
   2.   Subject to paragraph 1, a right shall be acquired under this Decision even if it relates to a contingency arising before its date of entry into force.
   3.   Any benefit which has not been awarded or which has been suspended by reason of the nationality or place of residence of the person concerned shall, at the request of that person, be provided or resumed with effect from the date of entry into force of this Decision, provided that the rights for which benefits were previously provided have not given rise to a lump-sum payment.
   4.   If a request as referred to in paragraph 3 is submitted within two years from the date of entry into force of this Decision, the rights acquired in accordance with this Decision shall have effect from the date of entry into force of this Decision, and the legislation of any Member State or Morocco concerning the forfeiture or limitation of rights may not be invoked against the persons concerned.
   5.   If a request as referred to in paragraph 3 is submitted after the expiry of the two-year period following the date of entry into force of this Decision, rights not forfeited or not time-barred shall have effect from the date on which the request was submitted, subject to any more favourable provisions under the legislation of any Member State or Morocco.
   Article 12
   Annexes to this Decision
   1.   The Annexes to this Decision constitute an integral part thereof.
   2.   At the request of Morocco, the Annexes may be amended by a decision of the Association Council.
   Article 13
   Entry into force
   This Decision shall enter into force on the first day of the first month following the date of its publication in the Official Journal of the European Union.

      Done at …, …

            For the Association Council

            The President

      (1)  OJ L 70, 18.3.2000, p. 2.

      (2)  OJ L 124, 20.5.2003, p. 1.

      (3)  OJ L 166, 30.4.2004, p. 1.

      (4)  OJ L 284, 30.10.2009, p. 1.
   ANNEX I

      LIST OF MOROCCAN SPECIAL NON-CONTRIBUTORY CASH BENEFITS

   …
   ANNEX II

      SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF MOROCCO

   …