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31988D0591

88/591/ECSC, EEC, Euratom: Council Decision of 24 October 1988 establishing a Court of First Instance of the European Communities

Official Journal L 319 , 25/11/1988 P. 0001 - 0008 Finnish special edition: Chapter 1 Volume 2 P. 0089  Swedish special edition: Chapter 1 Volume 2 P. 0089

COUNCIL DECISION of 24 October 1988 establishing a Court of First Instance of the European Communities (88/591/ECSC, EEC, Euratom) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 32d thereof,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 168a thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 140a thereof,  Having regard to the Protocol on the Statute of the Court of Justice of the European Coal and Steel Community, signed in Paris on 18 April 1951,  Having regard to the Protocol on the Statute of the Court of Justice of the European Economic Community, signed in Brussels on 17 April 1957,  Having regard to the Protocol on the Statute of the Court of Justice of the European Atomic Energy Community, signed in Brussels on 17 April 1957,  Having regard to the Protocol on Privileges and Immunities of the European Communities, signed in Brussels on 8 April 1965,  Having regard to the request of the Court of Justice,  Having regard to the opinion of the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas Article 32d of the ECSC Treaty, Article 168a of the EEC Treaty and Article 140a of the EAEC Treaty empower the Council to attach to the Court of Justice a Court of First Instance called upon to exercise important judicial functions and whose members are independent beyond doubt and possess the ability required for performing such functions;  Whereas the aforesaid provisions empower the Council to give the Court of First Instance jurisdiction to hear and determine at first instance, in accordance with the conditions laid down by the Statutes, certain classes of action or proceeding brought  by natural or legal persons, subject to the right of appeal to the Court of Justice on questions of law alone;  Whereas the Council is to determine, pursuant to the aforesaid provisions, the composition of that court and adopt the necessary adjustments and additional provisions to the Statutes of the Court of Justice;  Whereas, in respect of actions requiring close examination of complex facts, the establishment of a second court will improve the judicial protection of individual interests;  Whereas it is necessary, in order to maintain the quality and effectiveness of judicial review in the Community legal order, to enable the Court to concentrate its activities on its fundamental task of ensuring uniform interpretation of Community law;  Whereas it is therefore necessary to make use of the powers granted by Article 32d of the ECSC Treaty, Article 168a of the EEC Treaty and Article 140a of the EAEC Treaty and to transfer to the Court of First Instance jurisdiction to hear and determine  at first instance certain classes of action or proceeding which frequently require an examination of complex facts, that is to say actions or proceedings brought by servants of the Communities and also, in so far as the ECSC Treaty is concerned, by  undertakings and associations in matters concerning levies, production, prices, restrictive agreements, decisions or practices and concentrations, and so far as the EEC Treaty is concerned, by natural or legal persons in competition matters,  HAS DECIDED AS FOLLOWS:    Article 1 A Court, to be called the Court of First Instance of the European Communities, shall be attached to the Court of Justice of the European Communities. Its seat shall be at the Court of Justice.  Article 2 1.  The Court of First Instance shall consist of 12 members.  2.  The members shall elect the President of the Court of First Instance from among their number for a term of three years. He may be re-elected.  3.  The members of the Court of First Instance may be called upon to perform the task of an Advocate-General.  It shall be the duty of the Advocate-General, acting with complete impartiality and independance, to make, in open court, reasoned submissions on certain cases brought before the Court of First Instance in order to assist the Court of First Instance in  the performance of its task.  The criteria for selecting such cases, as well as the procedures for designating the Advocates-General, shall be laid down in the Rules of Procedure of the Court of First Instance.  A member called upon to perform the task of Advocate-General in a case may not take part in the judgment of the case.  4.  The Court of First Instance shall sit in chambers of three or five judges. The composition of the chambers and the assignment of cases to them shall be governed by the Rules of Procedure. In certain cases governed by the Rules of Procedure the Court  of First Instance may sit in plenary session.  5.  Article 21 of the Protocol on Privileges and Immunities of the European Communities and Article 6 of the Treaty establishing a Single Council and a Single Commission of the European Communities shall apply to the members of the Court of First  Instance and to its Registrar.  Article 3 1.  The Court of First Instance shall exercise at first instance the jurisdiction conferred on the Court of Justice by the Treaties establishing the Communities and by the acts adopted in implementation thereof:  (a)  in disputes between the Communities and their servants referred to in Article 179 of the EEC Treaty and in Article 152 of the EAEC Treaty;  (b)  in actions brought against the Commission pursuant to the second paragraph of Article 33 and Article 35 of the ECSC Treaty by undertakings or by associations of undertakings referred to in Article 48 of that Treaty, and which concern individual acts relating to the application of Article 50 and Articles 57 to 66 of the said Treaty;  (c)  in actions brought against an institution of the Communities by natural or legal persons pursuant to the second paragraph of Article 173 and the third paragraph of Article 175 of the EEC Treaty relating to the implementation of the competition  rules applicable to undertakings.  2.  Where the same natural or legal person brings an action which the Court of First Instance has jurisdiction to hear by virtue of paragraph 1 of this Article and an action referred to in the first and second paragraphs of Article 40 of the ECSC  Treaty, Article 178 of the EEC Treaty, or Article 151 of the EAEC Treaty, for compensation for damage caused by a Community institution through the act or failure to act which is the subject of the first action, the Court of First Instance shall also  have jurisdiction to hear and determine the action for compensation for that damage.  3.  The Council will, in the light of experience, including the development of jurisprudence, and after two years of operation of the Court of First Instance, re-examine the proposal by the Court of Justice to give the Court of First Instance competence  to exercise jurisdiction in actions brought against the Commission pursuant to the second paragraph of Article 33 and Article 35 of the ECSC Treaty by undertakings or by associations of undertakings referred to in Article 48 of that Treaty, and which  concern acts relating to the application of Article 74 of the said Treaty as well as in actions brought against an institution of the Communities by natural of legal persons pursuant to the second paragraph of Article 173 and the third paragraph of  Article 175 of the EEC Treaty and relating to measures to protect trade within the meaning of Article 113 of that Treaty in the case of dumping and subsidies.  Article 4 Save as hereinafter provided, Articles 34, 36, 39, 44 and 92 of the ECSC Treaty, Articles 172, 174, 176, 184 to 187 and 192 of the EEC Treaty, and Articles 147, 149, 156 to 159 and 164 of the EAEC Treaty shall apply to the Court of First  Instance.  Article 5 The following provisions shall be inserted after Article 43 of the Protocol on the Statute of the Court of Justice of the European Coal and Steel Community:  ´TITLE IV:  THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES Rules concerning the members of the Court of First Instance and its organization Article 44 Articles 2, 3, 4, 6 to 9, 13 (1), 17, 18 (2) and 19 of this Statute shall apply to the Court of First Instance and its members. The oath referred to in Article 2 shall be taken before the Court of Justice and the decisions referred to in Articles 3, 4 and 7 shall be adopted by that Court after hearing the Court of First Instance.  Registrar and staff Article 45 The Court of First Instance shall appoint its Registrar and lay down the rules governing his service. Articles 9 and 14 of this Statute shall apply to the Registrar of the Court of First Instance mutatis mutandis.  The President of the Court of Justice and the President of the Court of First Instance shall determine, by common accord, the conditions under which officials and other servants attached to the Court of Justice shall render their services to the Court  of First Instance to enable it to function. Certain officials or other servants shall be responsibe to the Registrar of the Court of First Instance under the authority of the President of the Court of First Instance.  Procedure before the Court of First Instance Article 46 The procedure before the Court of First Instance shall be governed by Title III of this Statute, with the exception of Articles 41 and 42.  Such further and more detailed provisions as may be necessary shall be laid down in the Rules of Procedure established in accordance with Article 32d (4) of the Treaty.  Notwithstanding the fourth paragraph of Article 21, the Advocate-General may make his reasoned submissions in writing.  Article 47 Where an application or other procedural document addressed to the Court of First Instance is lodged by mistake with the Registrar of the Court of Justice it shall be transmitted immediately by that Registrar to the Registrar of the Court of First  Instance; likewise, where an application or other procedural document addressed to the Court of Justice is lodged by mistake with the Registrar of the Court of First Instance, it shall be transmitted immediately by that Registrar to the Registrar of the  Court of Justice.  Where the Court of First Instance finds that it does not have jurisdiction to hear and determine an action in respect of which the Court of Justice has jurisdiction, it shall refer that action to the Court of Justice; likewise, where the Court of  Justice finds that an action falls within the jurisdiction of the Court of First Instance, it shall refer that action to the Court of First Instance, whereupon that Court may not decline jurisdiction.  Where the Court of Justice and the Court of First Instance are seised of cases in which the same relief is sought, the same issue of interpretation is raised or the validity of the same act is called in question, the Court of First Instance may, after  hearing the parties, stay the proceedings before it until such time as the Court of Justice shall have delivered judgment. Where applications are made for the same act to be declared void, the Court of First Instance may also decline jurisdiction in order that the Court of Justice may rule on such applications. In the cases referred to in this subparagraph, the Court of Justice may also decide to stay the  proceedings before it; in that event, the proceedings before the Court of First Instance shall continue.  Article 48 Final decisions of the Court of First Instance, decisions disposing of the substantive issues in part only, or disposing of a procedural issue concerning a plea of lack of competence or inadmissibility, shall be notified by the Registrar of the Court of  First Instance to all parties as well as all Member States and the Community institutions even if they have not intervened in the case before the Court of First Instance.  Appeals to the Court of Justice Article 49 An appeal may be brought before the Court of Justice, within two months of the notification of the decision appealed against, against final decisions of the Court of First Instance and decisions of that Court disposing of the substantive issues in part  only, or disposing of a procedural issue concerning a plea of lack of competence or inadmissibility.  Such an appeal may be brought by any party which has been unsuccessful, in whole or in part, in its submissions. However, interveners other than the Member States and the Community institutions may bring such an appeal only where the decision of the  Court of First Instance directly affects them.  With the exception of cases relating to disputes between the Communities and their servants, an appeal may also be brought by Member States and Community institutions which did not intervene in the proceedings before the Court of First Instance. Such  Member States and institutions shall be in the same position as Member States or institutions which intervened at first instance.  Article 50 Any person whose application to intervene has been dismissed by the Court of First Instance may appeal to the Court of Justice within two weeks of the notification of the decision dismissing the application.  The parties to the proceedings may appeal to the Court of Justice against any decision of the Court of First Instance made pursuant to the second or third paragraphs of Article 39 or the third paragraph of Article 92 of the Treaty within two months from  their notification.  The appeal referred to in the first two paragraphs of this Article shall be heard and determined under the procedure referred to in Article 33 of this Statute.  Article 51 An appeal to the Court of Justice shall be limited to points of law. It shall lie on the grounds of lack of competence of the Court of First Instance, a breach of procedure before it which adversely affects the interests of the appellant as well as the  infringement of Community law by the Court of First Instance.  No appeal shall lie regarding only the amount of the costs or the party ordered to pay them.  Procedure before the Court Article 52 Where an appeal is brought against a decision of the Court of First Instance, the procedure before the Court of Justice shall consist of a written part and an oral part. In accordance with conditions laid down in the Rules of Procedure the Court of  Justice, having heard the Advocate-General and the parties, may dispense with the oral procedure.  Suspensory effect Article 53 Without prejudice to the second and third paragraphs of Article 39 of the Treaty, an appeal shall not have suspensory effect.  By way of derogation from Article 44 of the Treaty, decisions of the Court of First Instance declaring a general decision to be void shall take effect only as from the date of expiry of the period referred to in the first paragraph of Article 49 of this  Statute or, if an appeal shall have been brought within that period, as from the date of dismissal of the appeal, without prejudice, however, to the right of a party to apply to the Court of Justice, pursuant to the second and third paragraphs of  Article 39 of the Treaty, for the suspension of the effects of the decision which has been declared void or for the prescription of any other interim measure.  The decision of the Court of Justice on the appeal Article 54 If the appeal is well founded, the Court of Justice shall quash the decision of the Court of First Instance. It may itself give final judgment in the matter, where the state of the proceedings so permits, or refer the case back to the Court of First  Instance for judgment.  Where a case is referred back to the Court of First Instance, that Court shall be bound by the decision of the Court of Justice on points of law.  When an appeal brought by a Member State or a Community institution, which has not intervened in the proceedings before the Court of First Instance, is well founded the Court of Justice may, if it considers this necessary, state which of the effects of  the decision of the Court of First Instance which has been quashed shall be considered as definitive in respect of the parties to the litigation.' Article 6 The former Articles 44 and 45 of the Protocol on the Statute of the Court of Justice of the European Coal and Steel Community shall become Articles 55 and 56 respectively.  Article 7 The following provisions shall be inserted after Article 43 of the Protocol on the Statute of the Court of Justice of the European Economic Community:  ´TITLE IV:  THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES Article 44 Articles 2 to 8, and 13 to 16 of this Statute shall apply to the Court of First Instance and its members. The oath referred to in Article 2 shall be taken before the Court of Justice and the decisions referred to in Articles 3, 4 and 6 shall be adopted  by that Court after hearing the Court of First Instance.  Article 45 The Court of First Instance shall appoint its Registrar and lay down the rules governing his service. Articles 9, 10 and 13 of this Statute shall apply to the Registrar of the Court of First Instance mutatis mutandis.  The President of the Court of Justice and the President of the Court of First Instance shall determine, by common accord, the conditions under which officials and other servants attached to the Court of Justice shall render their services to the Court  of First Instance to enable it to function. Certain officials or other servants shall be responsible to the Registrar of the Court of First Instance under the authority of the President of the Court of First Instance.  Article 46 The procedure before the Court of First Instance shall be governed by Title III of this Statute, with the exception of Article 20.  Such further and more detailed provisions as may be necessary shall be laid down in the Rules of Procedure established in accordance with Article 168a (4) of the Treaty.  Notwithstanding the fourth paragraph of Article 18 of this Statute, the Advocate-General may make his reasoned submissions in writing.  Article 47 Where an application or other procedural document addressed to the Court of First Instance is lodged by mistake with the Registrar of the Court of Justice it shall be transmitted immediately by that Registrar to the Registrar of the Court of First  Instance; likewise, where an application or other procedural document addressed to the Court of Justice is lodged by mistake with the Registrar of the Court of First Instance, it shall be transmitted immediately by that Registrar to the Registrar of the Court of Justice.  Where the Court of First Instance finds that it does not have jurisdiction to hear and determine an action in respect of which the Court of Justice has jurisdiction, it shall refer that action to the Court of Justice; likewise, where the Court of  Justice finds that an action falls within the jurisdiction of the Court of First Instance, it shall refer that action to the Court of First Instance, whereupon that Court may not decline jurisdiction.  Where the Court of Justice and the Court of First Instance are seised of cases in which the same relief is sought, the same issue of interpretation is raised or the validity of the same act is called in question, the Court of First Instance may, after  hearing the parties, stay the proceedings before it until such time as the Court of Justice shall have delivered judgment. Where applications are made for the same act to be declared void, the Court of First Instance may also decline jurisdiction in  order that the Court of Justice may rule on such applications. In the cases referred to in this subparagraph, the Court of Justice may also decide to stay the proceedings before it; in that event, the proceedings before the Court of First Instance shall  continue.  Article 48 Final decisions of the Court of First Instance, decisions disposing of the substantive issues in part only or disposing of a procedural issue concerning a plea of lack of competence or inadmissibility, shall be notified by the Registrar of the Court of  First Instance to all parties as well as all Member States and the Community institutions even if they have not intervened in the case before the Court of First Instance.  Article 49 An appeal may be brought before the Court of Justice, within two months of the notification of the decision appealed against, against final decisions of the Court of First Instance and decisions of that Court disposing of the substantive issues in part  only or disposing of a procedural issue concerning a plea of lack of competence or inadmissibility.  Such an appeal may be brought by any party which has been unsuccessful, in whole or in part, in its submissions. However, interveners other than the Member States and the Communtiy institutions may bring such an appeal only where the decision of the  Court of First Instance directly affects them.  With the exception of cases relating to disputes between the Communities and their servants, an appeal may also be brought by Member States and Community institutions which did not intervene in the proceedings before the Court of First Instance. Such  Member States and institutions shall be in the same position as Member States or institutions which intervened at first instance.  Articles 50 Any person whose application to intervene has been dismissed by the Court of First Instance may appeal to the Court of Justice within two weeks of the notification of the decison dismissing the application.  The parties to the proceedings may appeal to the Court of Justice against any decision of the Court of First Instance made pursuant to Article 185 or 186 or the fourth paragraph of Article 192 of the Treaty within two months from their notification.  The appeal referred to in the first two paragraphs of this Article shall be heard and determined under the procedure referred to in Article 36 of this Statute.  Article 51 An appeal to the Court of Justice shall be limited to points of law. It shall lie on the grounds of lack of competence of the Court of First Instance, a breach of procedure before it which adversely affects the interests of the appellant as well as the  infringement of Community law by the Court of First Instance.  No appeal shall lie regarding only the amount of the costs or the party ordered to pay them.  Article 52 Where an appeal is brought against a decision of the Court of First Instance, the procedure before the Court of Justice shall consist of a written part and an oral part. In accordance with conditions laid down in the Rules of Procedure the Court of  Justice, having heard the Advocate-General and the parties, may dispense with the oral procedure.  Article 53 Without prejudice to Articles 185 and 186 of the Treaty, an appeal shall not have suspensory effect.  By way of derogation from Article 187 of the Treaty, decisions of the Court of First Instance declaring a regulation to be void shall take effect only as from the date of expiry of the period referred to in the first paragraph of Article 49 of this  Statute or, if an appeal shall have been brought within that period, as from the date of dismissal of the appeal, without prejudice, however, to the right of a party to apply to the Court of Justice, pursuant to Articles 185 and 186 of this Treaty, for  the suspension of the effects of the regulation which has been declared void or for the prescription of any other interim measure.  Article 54 If the appeal is well founded, the Court of Justice shall quash the decision of the Court of First Instance. It may itself give final judgment in the matter, where the state of the proceedings so permits, or refer the case back to the Court of First  Instance for judgment.  Where a case is referred back to the Court of First Instance, that Court shall be bound by the decision of the Court of Justice on points of law.  When an appeal brought by a Member State or a Community institution, which has not intervened in the proceedings before the Court of First Instance, is well founded the Court of Justice may, if it considers this necessary, state which of the effects of  the decision of the Court of First Instance which has been quashed shall be considered as definitive in respect of the parties to the litigation.' Article 8 The former Articles 44, 45 and 46 of the Protocol on the Statute of the Court of Justice of the European Economic Community shall become Articles 55, 56 and 57 respectively.  Article 9 The following provisions shall be inserted after Article 44 of the Protocol on the Statute of the Court of the Justice of the European Atomic Energy Community:  ´TITLE IV:  THE COURT OF FIRST INSTANCE OF THE EUROPEAN COMMUNITIES Article 45 Articles 2 to 8, and 13 to 16 of this Statute shall apply to the Court of First Instance and its members. The oath referred to in Article 2 shall be taken before the Court of Justice and the decisions referred to in Articles 3, 4 and 6 shall be adopted  by that Court after hearing the Court of First Instance.  Article 46 The Court of First Instance shall appoint its Registrar and lay down the rules governing his service. Articles 9, 10 and 13 of this Statute shall apply to the Registrar of the Court of First Instance mutatis mutandis.  The President of the Court of Justice and the President of the Court of First Instance shall determine, by common accord, the conditions under which officials and other servants attached to the Court of Justice shall render their services to the Court  of First Instance to enable it to function. Certain officials or other servants shall be responsible to the Registrar of the Court of First Instance under the authority of the President of the Court of First Instance.  Article 47 The procedure before the Court of First Instance shall be governed by Title III of this Statute, with the exception of Articles 20 and 21.  Such further and more detailed provisions as may be necessary shall be laid down in the Rules of Procedure established in accordance with Article 140a (4) of the Treaty.  Notwithstanding the fourth paragraph of Article 18, the Advocate-General may make his reasoned submissions in writing.  Article 48 Where an application or other procedural document addressed to the Court of First Instance is lodged by mistake with the Registrar of the Court of Justice it shall be transmitted immediately by that Registrar to the Registrar of the Court of First  Instance; likewise, where an application or other procedural document addressed to the Court of Justice is lodged by mistake with the Registrar of the Court of First Instance, it shall be transmitted immediately by that Registrar to the Registrar of the  Court of Justice.  Where the Court of First Instance finds that it does not have jurisdiction to hear and determine an action in respect of which the Court of Justice has jurisdiction, it shall refer that action to the Court of Justice; likewise, where the Court of  Justice finds that an action falls within the jurisdiction of the Court of First Instance, it shall refer that action to the Court of First Instance, whereupon that Court may not decline jurisdiction.  Where the Court of Justice and the Court of First Instance are seised of cases in which the same relief is sought, the same issue of interpretation is raised or the validity of the same act is called in question, the Court of First Instance may, after  hearing the parties, stay the proceedings before it until such time as the Court of Justice shall have delivered judgment. Where applications are made for the same act to be declared void, the Court of First Instance may also decline jurisdiction in  order that the Court of Justice may rule on such applications. In the cases referred to in this subparagraph, the Court of Justice may also decide to stay the proceedings before it; in that event, the proceedings before the Court of First Instance shall  continue.  Article 49 Final decisions of the Court of First Instance, decisions disposing of the substantive issues in part only or disposing of a procedural issue concerning a plea of lack of competence or inadmissibility, shall be notified by the Registrar of the Court of  First Instance to all parties as well as all Member States and the Community institutions even if they have not intervened in the case before the Court of First Instance.  Article 50 An appeal may be brought before the Court of Justice, within two months of the notification of the decison appealed against, against final decisions of the Court of First Instance and decisions of that Court disposing of the substantive issues in part  only or disposing of a procedural issue concerning a plea of lack of competence or inadmissibility.  Such an appeal may be brought by any party which has been unsuccessful, in whole or in part, in its submissions.  However, interveners other than the Member States and the Community institutions may bring such an appeal only where the decision of the Court of First Instance directly affects them.  With the exception of cases relating to disputes between the Communities and their servants, an appeal may also be brought by Member States and Community institutions which did not intervene in the proceedings before the Court of First Instance. Such  Member States and institutions shall be in the same position as Member States or institutions which intervened at first instance.  Article 51 Any person whose application to intervene has been dismissed by the Court of First Instance may appeal to the Court of Justice within two weeks of the notification of the decision dismissing the application.  The parties to the proceedings may appeal to the Court of Justice against any decision of the Court of First Instance made pursuant to Article 157 or 158 or the third paragraph of Article 164 of the Treaty within two months from their notification.  The appeal referred to in the first two paragraphs of this Article shall be heard and determined under the procedure referred to in Article 37 of this Statute.  Article 52 An appeal to the Court of Justice shall be limited to points of law. It shall lie on the grounds of lack of competence of the Court of First Instance, a breach of procedure before it which adversely affects the interests of the appellant as well as the  infringement of Community law by the Court of First Instance.  No appeal shall lie regarding only the amount of the costs or the party ordered to pay them.  Article 53 Where an appeal is brought against a decision of the Court of First Instance, the procedure before the Court of Justice shall consist of a written part and an oral part. In accordance with conditions laid down in the Rules of Procedure the Court of  Justice, having heard the Advocate-General and the parties, may dispense with the oral procedure.  Article 54 Without prejudice to Articles 157 and 158 of the Treaty, an appeal shall not have suspensory effect.  By way of derogation from Article 159 of the Treaty, decisions of the Court of First Instance declaring a regulation to be void shall take effect only as from the date of expiry of the period referred to in the first paragraph of Article 50 of this  Statute or, if an appeal shall have been brought within that period, as from the date of dismissal of the appeal, without prejudice, however, to the right of a party to apply to the Court of Justice, pursuant to Articles 157 and 158 of this Treaty, for the suspension of the effects of the regulation which has been declared void or for the  prescription of any other interim measure.  Article 55 If the appeal is well founded, the Court of Justice shall quash the decision of the Court of First Instance. It may itself give final judgment in the matter, where the state of the proceedings so permits, or refer the case back to the Court of First  Instance for judgment.  Where a case is referred back to the Court of First Instance, that Court shall be bound by the decision of the Court of Justice on points of law.  When an appeal brought by a Member State or a Community institution, which has not intervened in the proceedings before the Court of First Instance is well founded the Court of Justice may, if it considers this necessary, state which of the effects of  the decision of the Court of First Instance which has been quashed shall be considered as definitive in respect of the parties to the litigation.' Article 10 The former Articles 45, 46 and 47 of the Protocol on the Statute of the Court of Justice of the European Atomic Energy Community shall become Articles 56, 57 and 58 respectively.  Article 11 The first President of the Court of First Instance shall be appointed for three years in the same manner as its members. However, the Governments of the Member States may, by common accord, decide that the procedure laid down in Article 2 (2)  shall be applied.  The Court of First Instance shall adopt its Rules of Procedure immediately upon its constitution.  Until the entry into force of the Rules of Procedure of the Court of First Instance, the Rules of Procedure of the Court of Justice shall apply mutatis mutandis.  Article 12 Immediately after all members of the Court of First Instance have taken oath, the President of the Council shall proceed to choose by lot the members of the Court of First Instance whose terms of office are to expire at the end of the first  three years in accordance with Article 32d (3) of the ECSC Treaty, Article 168a (3) of the EEC Treaty, and Article 140a (3) of the EAEC Treaty.  Article 13 This Decision shall enter into force on the day following its publication in the Official Journal of the European Communities, with the exception of Article 3, which shall enter into force on the date of the publication in the Official Journal of the European Communities of the ruling by the President of the Court of Justice that the Court of First Instance has  been constituted in accordance with law.  Article 14 Cases referred to in Article 3 of which the Court of Justice is seised on the date on which that Article enters into force but in which the preliminary report provided for in Article 44 (1) of the Rules of Procedure of the Court of Justice has not yet been presented shall be referred back to the Court of First Instance.   Done at Luxembourg, 24 October 1988.  For the Council The President Th. PANGALOS EWG:L111UMBE00.95 FF: 1UEN;   SETUP: 01;   Hoehe: 3701 mm;   721 Zeilen;   34601 Zeichen;  Bediener: JUTT   Pr.: C;  Kunde: L 111 Montan England 00           (1) OJ No C 187, 18. 7. 1988, p. 227.


title: 2004/881/EC: Commission Decision of 29 November 2004 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile concerning amendments to Appendix I to the Agreement on trade in spirit drinks and aromatised drinks of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, taking into account the enlargement

text:
               21.12.2004

               EN

               Official Journal of the European Union

               L 373/44

         COMMISSION DECISION
   of 29 November 2004
   on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile concerning amendments to Appendix I to the Agreement on trade in spirit drinks and aromatised drinks of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, taking into account the enlargement
   (2004/881/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 2002/979/EC of 18 November 2002 on the signature and provisional application of certain provisions of an Agreement establishing an association between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part (1), and in particular Article 5(2) thereof,
   Whereas:

               (1)

               Taking account of the enlargement, it is necessary to amend Appendix I, Section A of the Agreement on trade in spirit drinks and aromatised drinks of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, in order to protect the new spirit terms of the new Member States with effect from 1 May 2004.

               (2)

               Therefore, the Community and the Republic of Chile have negotiated, in accordance with Article 16(2) of the aforementioned Agreement, an agreement in the form of an Exchange of Letters to amend its Appendix I, section A. This Exchange of Letters should therefore be approved.

               (3)

               The measures provided for in this Decision are in accordance with the opinion of the Implementation Committee for Spirit Drinks,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters between the European Community and the Republic of Chile amending Appendix I, Section A of the Agreement on trade in spirit drinks and aromatised drinks of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   The Commissioner of Agriculture is hereby empowered to sign the Exchange of Letters in order to bind the Community.

      Done at Brussels, 29 November 2004.

            For the Commission

         Mariann FISCHER BOEL

            Member of the Commission

      (1)  OJ L 352, 30.12.2002, p. 1.
   AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS
   between the European Community and the Republic of Chile concerning amendment of Appendix I to the Agreement on trade in spirits drinks and aromatised drinks of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part
   Brussels, 30 November 2004
   Sir,
   I have the honour to refer to meetings related to technical adaptations which have been held under Article 16(2) of the Agreement on trade in spirit drinks and aromatised drinks of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, of 18 November 2002, which provides that the Contracting Parties may, by mutual consent, amend this Agreement.
   As you are already aware the enlargement of the European Union took place on 1 May 2004. Therefore, in this context it is necessary to make technical adaptations to Appendix I, Section A (List of protected designations for spirit drinks originating in the Community) of the above-mentioned Agreement, in order to include the recognition and protection of designations for spirit drinks of the new Member States with a view to be applied by the Parties with effect from 1 May 2004.
   I have therefore the honour to propose that Appendix I, Section A to the Agreement on trade in spirit drinks and aromatised drinks of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, be replaced by the Appendix attached hereto, with effect as of 1 May 2004, i.e. the date of entry into force of the Treaty of Accession to the European Union of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.
   I should be obliged if you would confirm that your Government is in agreement with the contents of this letter.
   Please accept, Sir, the assurance of my highest consideration.

         On behalf of the European Community

      Mariann FISCHER BOEL

   Brussels, 30 November 2004
   Madam,
   I have the honour to acknowledge receipt of your letter of 30 November 2004 which reads as follows:

      ‘I have the honour to refer to meetings related to technical adaptations which have been held under Article 16(2) of the Agreement on trade in spirit drinks and aromatised drinks of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, of 18 November 2002, which provides that the Contracting Parties may, by mutual consent, amend this Agreement.
      As you are already aware the enlargement of the European Union took place on 1 May 2004. Therefore, in this context it is necessary to make technical adaptations to Appendix I, Section A (List of protected designations for spirit drinks originating in the Community) of the above-mentioned Agreement, in order to include the recognition and protection of designations for spirit drinks of the new Member States with a view to be applied by the Parties with effect from 1 May 2004.
      I have therefore the honour to propose that Appendix I, Section A to the Agreement on trade in spirit drinks and aromatised drinks of the Association Agreement between the European Community and its Member States, of the one part, and the Republic of Chile, of the other part, be replaced by the Appendix attached hereto, with effect as of 1 May 2004, i.e. the date of entry into force of the Treaty of Accession to the European Union of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia.
      I should be obliged if you would confirm that your Government is in agreement with the contents of this letter.’

   I have the honour to inform you that the Republic of Chile is in agreement with the content of this letter.
   Please accept, Sir, the assurance of my highest consideration.

         On behalf of the Republic of Chile

      Alberto VAN KLAVEREN

      ‘APPENDIX 1
      (referred to in Article 6)
      PROTECTED DESIGNATIONS FOR SPIRIT DRINKS AND AROMATISED DRINKS
      A.   List of protected designations of spirit drinks originating in the Community
      1.   Rum

                  Rhum de la Martinique/Rhum de la Martinique traditionnel

                  Rhum de la Guadeloupe/Rhum de la Guadeloupe traditionnel

                  Rhum de la Réunion/Rhum de la Réunion traditionnel

                  Rhum de la Guyane/Rhum de la Guyane traditionnel

                  Ron de Málaga

                  Ron de Granada

                  Rum da Madeira

            2. (a)   Whisky

                  Scotch Whisky

                  Irish Whisky

                  Whisky español

            (These designations may be supplemented by the terms “malt” or “grain”)
      2. (b)   Whiskey

                  Irish Whiskey

                  Uisce Beatha Eireannach/Irish Whiskey

            (These designations may be supplemented by the terms “Pot Still”)
      3.   Grain spirit

                  Eau-de-vie de seigle de marque nationale luxembourgeoise

                  Korn

                  Kornbrand

            4.   Wine spirit

                  Eau-de-vie de Cognac

                  Eau-de-vie des Charentes

                  Cognac
                  (The designation “Cognac” may be supplemented by the following terms:

                              —

                              Fine

                              —

                              Grande Fine Champagne

                              —

                              Grande Champagne

                              —

                              Petite Champagne

                              —

                              Petite Fine Champagne

                              —

                              Fine Champagne

                              —

                              Borderies

                              —

                              Fins Bois

                              —

                              Bons Bois)

                  Fine Bordeaux

                  Armagnac

                  Bas Armagnac

                  Haut Armagnac

                  Ténarèse

                  Eau-de-vie de vin de la Marne

                  Eau-de-vie de vin originaire d'Aquitaine

                  Eau-de-vie de vin de Bourgogne

                  Eau-de-vie de vin originaire du Centre-Est

                  Eau-de-vie de vin originaire de Franche-Comté

                  Eau-de-vie de vin originaire du Bugey

                  Eau-de-vie de vin de Savoie

                  Eau-de-vie de vin originaire des Coteaux de la Loire

                  Eau-de-vie de vin des Côtes-du-Rhône

                  Eau-de-vie de vin originaire de Provence

                  Eau-de-vie de Faugères/Faugères

                  Eau-de-vie de vin originaire du Languedoc

                  Aguardente do Minho

                  Aguardente do Douro

                  Aguardente da Beira Interior

                  Aguardente da Bairrada

                  Aguardente do Oeste

                  Aguardente do Ribatejo

                  Aguardente do Alentejo

                  Aguardente do Algarve

                  Aguardente de Vinho da Região dos Vinhos Verdes

                  Aguardente da Região dos Vinhos Verdes Alvarinho

                  Lourinhã

            5.   Brandy

                  Brandy de Jerez

                  Brandy del Penedés

                  Brandy italiano

                  Brandy Αττικής/Brandy of Attica

                  Brandy Πελλοπονήσου/Brandy of the Peloponnese

                  Brandy Κεντρικής Ελλάδας/Brandy of Central Greece

                  Deutscher Weinbrand

                  Wachauer Weinbrand

                  Weinbrand Dürnstein

                  Karpatské brandy špeciál

            6.   Grape marc spirit

                  Eau-de-vie de marc de Champagne ou
                  Marc de Champagne

                  Eau-de-vie de marc originaire d'Aquitaine

                  Eau-de-vie de marc de Bourgogne

                  Eau-de-vie de marc originaire du Centre-Est

                  Eau-de-vie de marc originaire de Franche-Comté

                  Eau-de-vie de marc originaire de Bugey

                  Eau-de-vie de marc originaire de Savoie

                  Marc de Bourgogne

                  Marc de Savoie

                  Marc d'Auvergne

                  Eau-de-vie de marc originaire des Coteaux de la Loire

                  Eau-de-vie de marc des Côtes-du-Rhône

                  Eau-de-vie de marc originaire de Provence

                  Eau-de-vie de marc originaire du Languedoc

                  Marc d'Alsace Gewürztraminer

                  Marc de Lorraine

                  Bagaceira do Minho

                  Bagaceira do Douro

                  Bagaceira da Beira Interior

                  Bagaceira da Bairrada

                  Bagaceira do Oeste

                  Bagaceira do Ribatejo

                  Bagaceira do Alentejo

                  Bagaceira do Algarve

                  Aguardente Bagaceira da Região dos Vinhos Verdes

                  Bagaceira da Região dos Vinhos Verdes Alvarinho

                  Orujo gallego

                  Grappa

                  Grappa di Barolo

                  Grappa piemontese/Grappa del Piemonte

                  Grappa lombarda/Grappa di Lombardia

                  Grappa trentina/Grappa del Trentino

                  Grappa friulana/Grappa del Friuli

                  Grappa veneta/Grappa del Veneto

                  Südtiroler Grappa/Grappa dell'Alto Adige

                  Τσικουδιά Κρήτης/Tsikoudia of Crete

                  Τσίπουρο Μακεδονίας/Tsipouro of Macedonia

                  Τσίπουρο Θεσσαλίας/Tsipouro of Thessaly

                  Τσίπουρο Τυρνάβου/Tsipouro of Tyrnavos

                  Eau-de-vie de marc de marque nationale luxembourgeoise

                  Ζιβανία/Zivania

                  Pálinka

            7.   Fruit spirit

                  Schwarzwälder Kirschwasser

                  Schwarzwälder Himbeergeist

                  Schwarzwälder Mirabellenwasser

                  Schwarzwälder Williamsbirne

                  Schwarzwälder Zwetschgenwasser

                  Fränkisches Zwetschgenwasser

                  Fränkisches Kirschwasser

                  Fränkischer Obstler

                  Mirabelle de Lorraine

                  Kirsch d'Alsace

                  Quetsch d'Alsace

                  Framboise d'Alsace

                  Mirabelle d'Alsace

                  Kirsch de Fougerolles

                  Südtiroler Williams/Williams dell'Alto Adige

                  Südtiroler Aprikot/Südtiroler

                  Marille/Aprikot dell'Alto Adige/Marille dell'Alto Adige

                  Südtiroler Kirsch/Kirsch dell'Alto Adige

                  Südtiroler Zwetschgeler/Zwetschgeler dell'Alto Adige

                  Südtiroler Obstler/Obstler dell'Alto Adige

                  Südtiroler Gravensteiner/Gravensteiner dell'Alto Adige

                  Südtiroler Golden Delicious/Golden Delicious dell'Alto Adige

                  Williams friulano o del Friuli

                  Sliwovitz del Veneto

                  Sliwovitz del Friuli-Venezia Giulia

                  Sliwovitz del Trentino-Alto Adige

                  Distillato di mele trentino o del Trentino

                  Williams trentino o del Trentino

                  Sliwovitz trentino o del Trentino

                  Aprikot trentino o del Trentino

                  Medronheira do Algarve

                  Medronheira do Buçaco

                  Kirsch o Kirschwasser friulano

                  Kirsch o Kirschwasser trentino

                  Kirsch o Kirschwasser Veneto

                  Aguardente de pêra da Lousã

                  Eau-de-vie de pommes de marque nationale luxembourgeoise

                  Eau-de-vie de poires de marque nationale luxembourgeoise

                  Eau-de-vie de kirsch de marque nationale luxembourgeoise

                  Eau-de-vie de quetsch de marque nationale luxembourgeoise

                  Eau-de-vie de mirabelle de marque nationale luxembourgeoise

                  Eau-de-vie de prunelles de marque nationale luxembourgeoise

                  Wachauer Marillenbrand

                  Bošácka Slivovica

                  Szatmári Szilvapálinka

                  Kecskeméti Barackpálinka

                  Békési Szilvapálinka

                  Szabolcsi Almapálinka

                  Slivovice

                  Pálinka

            8.   Cider spirit and perry spirit

                  Calvados

                  Calvados du Pays d'Auge

                  Eau-de-vie de cidre de Bretagne

                  Eau-de-vie de poiré de Bretagne

                  Eau-de-vie de cidre de Normandie

                  Eau-de-vie de poiré de Normandie

                  Eau-de-vie de cidre du Maine

                  Aguardiente de sidra de Asturias

                  Eau-de-vie de poiré du Maine

            9.   Gentian spirit

                  Bayerischer Gebirgsenzian

                  Südtiroler Enzian/Genzians dell'Alto Adige

                  Genziana trentina o del Trentino

            10.   Fruit spirit drinks

                  Pacharán

                  Pacharán navarro

            11.   Juniper-flavoured spirit drinks

                  Ostfriesischer Korngenever

                  Genièvre Flandres Artois

                  Hasseltse jenever

                  Balegemse jenever

                  Péket de Wallonie

                  Steinhäger

                  Plymouth Gin

                  Gin de Mahón

                  Vilniaus Džinas

                  Spišská Borovička

                  Slovenská Borovička Juniperus

                  Slovenská Borovička

                  Inovecká Borovička

                  Liptovská Borovička

            12.   Caraway-flavoured spirit drinks

                  Dansk Akvavit/Dansk Aquavit

                  Svensk Aquavit/Svensk Akvavit/Swedish Aquavit

            13.   Aniseed-flavoured spirit drinks

                  Anís español

                  Évora anisada

                  Cazalla

                  Chinchón

                  Ojén

                  Rute

                  Oύζο/Ouzo

            14.   Liqueur

                  Berliner Kümmel

                  Hamburger Kümmel

                  Münchener Kümmel

                  Chiemseer Klosterlikör

                  Bayerischer Kräuterlikör

                  Cassis de Dijon

                  Cassis de Beaufort

                  Irish Cream

                  Palo de Mallorca

                  Ginjinha portuguesa

                  Licor de Singeverga

                  Benediktbeurer Klosterlikör

                  Ettaler Klosterlikör

                  Ratafia de Champagne

                  Ratafia catalana

                  Anis português

                  Finnish berry/Finnish fruit liqueur

                  Grossglockner Alpenbitter

                  Mariazeller Magenlikör

                  Mariazeller Jagasaftl

                  Puchheimer Bitter

                  Puchheimer Schlossgeist

                  Steinfelder Magenbitter

                  Wachauer Marillenlikör

                  Jägertee/Jagertee/Jagatee

                  Allažu Kimelis

                  Čepkelių

                  Demänovka Bylinný Likér

                  Polish Cherry

                  Karlovarská Hořká

            15.   Spirit drinks

                  Pommeau de Bretagne

                  Pommeau du Maine

                  Pommeau de Normandie

                  Svensk Punsch/Swedish Punch

                  Slivovice

            16.   Vodka

                  Svensk Vodka/Swedish Vodka

                  Suomalainen Vodka/Finsk Vodka/Vodka of Finland

                  Polska Wódka/Polish Vodka

                  Laugarício Vodka

                  Originali Lietuviška degtiné

                  Wódka ziołowa z Niziny Północnopodlaskiej aromatyzowana ekstraktem z trawy żubrowej/Herbal Vodka from the North Podlasie Lowland aromatised with an extract of bison grass

                  Latvijas Dzidrais

                  Rīgas Degvīns

                  LB Degvīns

                  LB Vodka

            17.   Bitter-tasting spirit drinks

                  Rīgas melnais Balzāms/Riga Black Balsam

                  Demänovka bylinná horká’.


Avis juridique important

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31992D0606

92/606/EEC: Council Decision, of 30 December 1992, approving the conclusion of the Agreement in the form of an Exchange of Letters amending the Agreement between the European Economic Community and the People' s Republic of Bangladesh on trade in textile products

Official Journal L 405 , 31/12/1992 P. 0044

COUNCIL  DECISION of 30 December 1992 approving the conclusion of the Agreement in the form of an Exchange  of Letters amending the Agreement between the European Economic Community and the People's Republic  of Bangladesh on trade in textile products (92/606/CEE)THE COUNCIL OF THE EUROPEAN  COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  113 thereof, Having regard to the proposal from the Commission, Whereas the Commission, with the cooperation of the Bangladesh authorities, was recently able to  collect evidence of widespread frauds in shipments apparently from Bangladesh of products of MFA  categories 4, 6 and 8; Whereas the Commission has negotiated, on behalf of the Community, an agreement in the form of an  Exchange of Letters amending the Agreement between the European Economic Community and the People's  Republic of Bangladesh on trade in textile products, in order to bring under control and to  eliminate the circumvention of the provisions of the Agreement; Whereas the aforementioned Agreement should be approved, HAS DECIDED AS FOLLOWS: Article 1The Agreement in the form of an exchange of letters amending the  Agreement between the European Economic Community and the People's Republic of Bangladesh on trade  in textile products, as extended, is hereby approved on behalf of the European Economic Community. The text of the Agreement is attached to this Decision. Article 2The President of the Council is hereby authorized to designate the persons empowered to  sign the Agreement referred to in pararaph 1 in order to bind the Community. Article 3This Decision shall take effect on the third day following that of its publication in  the Official Journal of the European Communities. Done at Brussels, 30 December 1992. For the CouncilThe PresidentD. HURD


title: 2012/242/EU: Council Decision of 2 May 2012 appointing a Spanish alternate member of the Committee of the Regions

text:
               5.5.2012

               EN

               Official Journal of the European Union

               L 120/15

         COUNCIL DECISION
   of 2 May 2012
   appointing a Spanish alternate member of the Committee of the Regions
   (2012/242/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Spanish Government,
   Whereas:

               (1)

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

               (2)

               An alternate member’s seat has become vacant following the end of the term of office of Mr Timoteo MARTÍNEZ AGUADO,

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

               —

               Ms María del Mar ESPAÑA MARTÍ, Viceconsejera de la Consejería de Presidencia y Administraciones Públicas de la Junta de Comunidades de Castilla-La Mancha.

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

      Done at Brussels, 2 May 2012.

            For the Council

            The President

         M. VESTAGER

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

      (2)  OJ L 12, 19.1.2010, p. 11.


Avis juridique important

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32002D0245

2002/245/EC: Council Decision of 28 February 2002 on the conclusion of an agreement on co-operation and customs union between the European Economic Community and the Republic of San Marino and of the Protocol thereto following the enlargement which took effect on 1 January 1995

Official Journal L 084 , 28/03/2002 P. 0041 - 0042

Council Decisionof 28 February 2002on the conclusion of an agreement on co-operation and customs union between the European Economic Community and the Republic of San Marino and of the Protocol thereto following the enlargement which took effect on 1 January 1995(2002/245/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 133 and 308, in conjunction with the second sentence of Article 300(2) and the first subparagraph of Article 300(3) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The Agreement on co-operation and customs union between the European Economic Community and the Republic of San Marino, hereinafter referred to as the "Agreement", was signed in Brussels on 16 December 1991 and has been ratified by the 12 Member States who were signatories thereto at the time.(2) An Interim Agreement on Trade and Customs Union was concluded between the European Economic Community and the Republic of San Marino pending the Agreement's entry into force(3).(3) Austria, Finland and Sweden have joined the European Union and must, in accordance with the Treaty of Accession, accede to the Agreement.(4) Their accession requires no amendment to the Agreement other than the preparation of authentic texts in the Finnish and Swedish languages.(5) This being so, given the special situation of San Marino and in furtherance of the Community's external economic relations, the Agreement should enter into force in so far as it concerns the Community and the 12 signatory Member States.(6) The Council, acting on behalf of the Community, should at the same time approve a Protocol to the Agreement consequent upon the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union (hereinafter referred to as the "Protocol").(7) In the case of Austria, Finland and Sweden, the Agreement and the Protocol thereto and, in that of the other 12 Member States, the Protocol, will enter into force after notification has been given that the relevant procedures have been completed,HAS DECIDED AS FOLLOWS:Article 1The Agreement on co-operation and customs union between the European Economic Community and the Republic of San Marino, signed in Brussels on 16 December 1991, including the declarations forming part thereof, is hereby approved on behalf of the Community.The texts of the Agreement and the declarations are annexed to this Decision.The President of the Council shall, on behalf of the Community, give the notification provided for in Article 30 of the Agreement.Article 2The Protocol to the Agreement on Cooperation and Customs Union between the European Economic Community and the Republic of San Marino consequent upon the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union is hereby approved on behalf of the Community.The text of the Protocol is annexed to this Decision.The President of the Council shall, on behalf of the Community, give the notification provided for in Article 3 of the Protocol.Done at Brussels, 28 February 2002.For the CouncilThe PresidentA. Acebes Paniagua(1) OJ C 302, 22.11.1991, p. 10 andOJ C 124, 21.4.1997, p. 1.(2) OJ C 241, 21.9.1992, p. 169 andOJ C 328, 26.10.1998, p. 218.(3) OJ L 359, 9.12.1992, p. 13.


Avis juridique important

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31979D0783

79/783/EEC: Council Decision of 11 September 1979 adopting a multiannual programme (1979 to 1983) in the field of data processing

Official Journal L 231 , 13/09/1979 P. 0023 - 0028 Greek special edition: Chapter 16 Volume 1 P. 0054  Spanish special edition: Chapter 13 Volume 10 P. 0160  Portuguese special edition Chapter 13 Volume 10 P. 0160

****( 1 ) OJ NO C 241 , 10 . 10 . 1977 , P . 41 .  ( 2 ) OPINION DELIVERED ON 27 OCTOBER 1977 ( NOT YET PUBLISHED IN THE OFFICIAL JOURNAL ).  ( 3 ) OJ NO C 86 , 20 . 7 . 1974 , P . 1 ( CORRIGENDUM OJ NO C 91 , 3 . 8 . 1974 , P . 10 ).  ( 4 ) SEE PAGE 1 OF THIS OFFICIAL JOURNAL .  ( 5 ) SEE PAGE 29 OF THIS OFFICIAL JOURNAL .  ( 1 ) OJ NO C 231 , 13 . 9 . 1979 , P . 1 .        COUNCIL DECISION   OF 11 SEPTEMBER 1979   ADOPTING A MULTIANNUAL PROGRAMME ( 1979 TO 1983 ) IN THE FIELD OF DATA PROCESSING  ( 79/783/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 235 THEREOF ,   HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,   HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT  ( 1 ),   HAVING REGARD TO THE OPINION OF THE ECONOMIC AND SOCIAL COMMITTEE ( 2 ),   WHEREAS , IN ITS RESOLUTION OF 15 JULY 1974 ON A COMMUNITY POLICY ON DATA PROCESSING ( 3 ), THE COUNCIL CONSIDERED IT DESIRABLE TO PREPARE , IN THE MEDIUM TERM , A SYSTEMATIC COMMUNITY PROGRAMME TO PROMOTE RESEARCH , INDUSTRIAL DEVELOPMENT AND APPLICATIONS OF DATA PROCESSING ;   WHEREAS , WITH A VIEW TO THE EFFECTIVE ACHIEVEMENT OF THE COMMON MARKET , THE IMPROVED USE OF DATA PROCESSING AND THE HARMONIOUS INCORPORATION OF DATA PROCESSING IN SOCIETY , A SERIES OF GENERAL MEASURES SHOULD BE TAKEN , PARTICULARLY IN THE AREA OF STANDARDIZATION , PUBLIC PROCUREMENT , COOPERATION BETWEEN RESEARCH CENTRES AND ORGANIZATIONS SUPPORTING THE USE OF DATA PROCESSING , TRAINING , PROTECTION OF INDIVIDUAL PRIVACY AND OF INDUSTRIAL PROPERTY AND A CAREFUL STUDY BE MADE OF DEVELOPMENTS IN THIS FIELD , TAKING INTO ACCOUNT ITS INFLUENCE ON EMPLOYMENT GENERALLY ;   WHEREAS THE USE OF DATA PROCESSING SHOULD BE DEVELOPED EFFICIENTLY ; WHEREAS COOPERATION BETWEEN USERS ON A COMMUNITY SCALE SHOULD BE PROMOTED TO THIS END , IN PARTICULAR THROUGH THE DEVELOPMENT OF SOFTWARE AND OF APPLICATIONS WITH A VIEW TO MORE EFFECTIVE STANDARDIZATION AND GREATER PORTABILITY ;   WHEREAS , TO THIS END , THE PROGRAMME SHOULD COVER PARTICULARLY THE COORDINATION OF NATIONAL PROMOTION MEASURES AND , IN APPROPRIATE AREAS OF COMMON EUROPEAN INTEREST , COMMUNITY SUPPORT ; WHEREAS THIS SUPPORT WILL BE ENSURED IN ACCORDANCE WITH COUNCIL REGULATION ( EEC ) NO 1996/79 OF 11 SEPTEMBER 1979 ON A COMMUNITY SUPPORT MECHANISM IN THE FIELD OF DATA PROCESSING ( 4 );   WHEREAS THE COMMISSION SHOULD ENSURE THAT THE PROGRAMME IS IMPLEMENTED ; WHEREAS IT WILL BE ASSISTED IN THIS TASK BY THE ADVISORY COMMITTEE FOR THE MANAGEMENT AND COORDINATION OF DATA-PROCESSING PROGRAMMES , SET UP UNDER DECISION 79/784/EEC  ( 5 );   WHEREAS THE PROGRAMME SHOULD BE EXAMINED AND , POSSIBLY , REVISED AFTER TWO YEARS ;   WHEREAS THE PROGRAMME APPEARS NECESSARY IF CERTAIN COMMUNITY AIMS IN THE OPERATION OF THE COMMON MARKET ARE TO BE ACHIEVED ; WHEREAS THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY HAS NOT HOWEVER PROVIDED THE NECESSARY POWERS ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   A FOUR-YEAR PROGRAMME IS HEREBY ADOPTED FOR THE FIELD OF DATA PROCESSING . ITS OBJECTS ARE AS FOLLOWS :   -  GENERAL MEASURES : STANDARDIZATION , PUBLIC PROCUREMENT , COLLABORATION BETWEEN RESEARCH CENTRES AND ORGANIZATIONS SUPPORTING THE USE OF DATA PROCESSING , A STUDY OF THE SECTOR AND OF EMPLOYMENT , THE CONFIDENTIALITY AND SECURITY OF DATA , AND LEGAL PROTECTION FOR COMUPTER PROGRAMS ,   -  PROMOTION MEASURES : MEASURES COVERING SOFTWARE , APPLICATIONS AND ASPECTS TO BE AGREED ON BY THE COUNCIL IN THE LIGHT OF THE STUDIES CARRIED OUT WITHIN THE FRAMEWORK OF THE GENERAL MEASURES AND IN IMPLEMENTATION OF THE COUNCIL RESOLUTION OF 11 SEPTEMBER 1979 ON A COMMUNITY ACTION PROMOTING MICRO-ELECTRONIC TECHNOLOGY ( 1 ).   THE PROGRAMME IS DEFINED IN THE ANNEX HERETO .   ARTICLE 2   THE APPROPRIATIONS NECESSARY FOR THE IMPLEMENTATION OF THE PROGRAMME , THE MAXIMUM AMOUNT OF WHICH SHALL BE FIXED AT 10 MILLION EUROPEAN UNITS OF ACCOUNT FOR THE GENERAL PROJECTS AND AT 15 MILLION EUROPEAN UNITS OF ACCOUNT FOR THE PROMOTION PROJECTS FOR THE DATA-PROCESSING SECTOR , SHALL BE ENTERED IN THE BUDGET OF THE EUROPEAN COMMUNITIES .   ARTICLE 3   THE COMMISSION SHALL ENSURE IMPLEMENTATION OF THE PROGRAMME , WITH A PARTICULAR VIEW TO COORDINATING NATIONAL PROGRAMMES AND MEASURES AND TO GRANTING COMMUNITY FINANCIAL SUPPORT FOR CERTAIN PROJECTS OF COMMON EUROPEAN INTEREST . IT SHALL BE ASSISTED BY THE ADVISORY COMMITTEE FOR THE MANAGEMENT AND COORDINATION OF DATA-PROCESSING PROGRAMMES .   ARTICLE 4   THE COMMISSION SHALL SUBMIT AN ANNUAL REPORT TO THE COUNCIL . BOTH THE PROGRAMME AND THE DETAILS OF ITS MANAGEMENT SHALL BE EXAMINED IN 1981 , TO ALLOW FOR THE IMPLEMENTATION OF POSSIBLE MODIFICATIONS FROM THE BEGINNING OF 1982 . THE COMMISSION SHALL , ON THE ADVICE OF THE COMMITTEE REFERRED TO IN ARTICLE 3 , SUBMIT TO THE COUNCIL ANY RELEVANT PROPOSALS FOR MODIFICATION OF THE PROGRAMME WITHIN THE LIMITS OF THE AMOUNTS LAID DOWN IN ARTICLE 2 .   ARTICLE 5   1 .  IN ACCORDANCE WITH ARTICLE 228 OF THE TREATY , THE COMMUNITY MAY CONCLUDE AN AGREEMENT WITH NON-MEMBER STATES PARTICIPATING IN EUROPEAN COOPERATION IN THE FIELD OF SCIENTIFIC AND TECHNICAL RESEARCH ( COST ) WITH A VIEW TO ENSURING COOPERATION BETWEEN THE COMMUNITY TELE-DATA PROCESSING PROJECT REFERRED TO IN POINT 1.3.1 ( E ) OF THE ANNEX AND THE RELEVANT PROGRAMMES OF SUCH STATES .   2 .  THE COMMISSION IS HEREBY AUTHORIZED TO NEGOTIATE THE AGREEMENT REFERRED TO IN PARAGRAPH 1 IN ACCORDANCE WITH THE CONCLUSIONS APPROVED BY THE COUNCIL ON 18 JULY 1978 CONCERNING COST .   DONE AT BRUSSELS , 11 SEPTEMBER 1979 .   FOR THE COUNCIL   THE PRESIDENT   R . MC SHARRY ****  ( 1 ) OJ NO L 13 , 15 . 1 . 1977 , P . 1 .  ( 1 ) OJ NO L 255 , 6 . 10 . 1977 , P . 25 .  ( 2 ) OJ NO L 255 , 6 . 10 . 1977 , P . 22 .    ANNEX   MULTIANNUAL PROGRAMME ( 1979 TO 1983 ) FOR A COMMUNITY POLICY IN THE FIELD OF DATA PROCESSING   1 .  GENERAL MEASURES   1.1 .  STANDARDIZATION POLICY   AIMS :  ( A ) TO DEFINE PRIORITY SECTORS AFTER THE WIDEST POSSIBLE CONSULTATION WITH USERS AND INDUSTRY ;  ( B ) TO PROMOTE RESEARCH OR ANY OTHER FORM OF ACTION DESIGNED TO FOSTER A COMMUNITY CONTRIBUTION TOWARDS INTERNATIONAL STANDARDS AND , WHERE NECESSARY , PRACTICES APPROVED AT COMMUNITY LEVEL ;  ( C ) TO ENSURE THAT THE MEMBER STATES APPLY STANDARDS APPROVED AT COMMUNITY LEVEL , PARTICULARLY IN THE PUBLIC SECTOR , AND TO ENCOURAGE THEIR GENERAL APPLICATION THROUGH CONCERTED MEASURES BETWEEN NATIONAL CENTRES COMPETENT IN THE MATTER ;  ( D ) TO LOOK TO THE DISSEMINATION OF COMMUNITY INFORMATION IN THE FIELD OF STANDARDIZATION ;  ( E ) TO FACILITATE CONTRIBUTION OF COMMUNITY ORGANIZATIONS TOWARDS INTERNATIONAL STANDARDIZATION .   1.2 .  PUBLIC PROCUREMENT   AIMS :  ( A ) TO DETERMINE THE MOST EFFICIENT METHODS FOR THE RAPID APPLICATION IN THE PUBLIC PROCUREMENT SECTOR OF STANDARDS ON WHICH AGREEMENT HAS BEEN REACHED ;  ( B ) TO EXAMINE THE MEASURES REQUIRED IN THE PUBLIC PROCUREMENT SECTOR TO ASSIST EUROPEAN INDUSTRY IN PREPARING FOR THE FULL APPLICATION OF THE RELEVANT COMMUNITY RULES ;  ( C ) TO COORDINATE NATIONAL EFFORTS CONCERNING THE GENERAL APPRAISAL OF SYSTEMS AND , IN CONJUNCTION WITH NATIONAL RESEARCH CENTRES IN THE FIELD OF DATA PROCESSING , TO LAY DOWN PRINCIPLES FOR THE ESTABLISHMENT OF APPRAISAL CRITERIA ;  ( D ) TO STUDY THE POSSIBILITY OF LAYING DOWN A NUMBER OF PRINCIPLES TO BE APPLIED IN THE EVALUATION OF TENDERS ;  ( E ) TO STUDY THE POSSIBILITY OF ESTABLISHING COMMON PRINCIPLES ON THE BASIS OF WHICH STANDARD CONDITIONS OF CONTRACT CAN BE DRAWN UP ;  ( F )  TO ORGANIZE EXCHANGES OF TECHNICAL EXPERIENCE BETWEEN NATIONAL DEPARTMENTS RESPONSIBLE FOR PUBLIC PROCUREMENT AND TO PROMOTE THESE EXCHANGES BY COORDINATING THE WORK OF NATIONAL RESEARCH CENTRES IN THE FIELD OF DATA PROCESSING ;  ( G ) TO COMPARE THE PROGRESS OF EUROPEAN INDUSTRY WITH THE MEASURES TAKEN BY THE MEMBER STATES IN THE AREA OF DATA-PROCESSING PROCUREMENT ; TO COLLECT THE NECESSARY STATISTICAL DATA ; TO FACILITATE THE ESTABLISHMENT OF EQUAL CONDITIONS FOR THE ACCESS OF COMPANIES TO COMMUNITY MARKETS WITHIN THE FRAMEWORK OF COUNCIL DIRECTIVE 77/62/EEC OF 21 DECEMBER 1976 COORDINATING PROCEDURES FOR THE AWARD OF PUBLIC SUPPLY CONTRACTS ( 1 );  ( H ) TO IDENTIFY TOPICS LIKELY TO LEAD TO THE DEVELOPMENT OF PROJECTS OF COMMON INTEREST TO PUBLIC PROCUREMENT AGENCIES .   1.3 .  GENERAL ASPECTS OF THE DATA-PROCESSING POLICY   1.3.1 . COLLABORATION IN RESEARCH AND DEVELOPMENT   AIMS :  ( A ) THE ESTABLISHMENT OF PROCEDURE FOR JOINT CONSULTATIONS BETWEEN RESEARCH CENTRES AND WITH THE COMMUNITY TO ENSURE EFFECTIVE CONTACT WITH THE COMMISSION IN THE FRAMEWORK OF THE COMMUNITY DATA-PROCESSING POLICY ;  ( B ) THE EXECUTION OR EXTENSION OF STUDIES IN SUPPORT OF THE USE OF INFORMATICS WHICH ARE DECIDED ON BY THE COUNCIL ( 2 );  ( C ) A CONTRIBUTION TOWARDS THE STUDIES DECIDED ON BY THE COUNCIL IN THE FIELD OF SOFTWARE PORTABILITY ( 1 ), AND TOWARDS THEIR DEVELOPMENT WITH REGARD TO SELECTION CRITERIA AND THE ASSESSMENT OF CERTAIN FACTORS ;  ( D ) THE ASSISTANCE OF EXPERTS IN CONTRIBUTING TOWARDS EXAMINATION OF TECHNICAL DOCUMENTS AS REGARDS THE AWARD OF CONTRACTS IN THE FIELD OF DATA PROCESSING ;  ( E ) THE DISCUSSION AND POSSIBLE DEFINITION OF RESEARCH PROJECTS IN THE CONTEXT OF THE COMMUNITY DATA-PROCESSING POLICY , FOR THE PURPOSE OF :   ( I ) PROMOTING COLLABORATION AND THE EXCHANGE OF RESULTS BETWEEN RESEARCH TEAMS , USERS AND GROUPS OF USERS ,   ( II ) POOLING OF RESOURCES ,  ( III ) DEVELOPING SOLUTIONS TO TRANSNATIONAL PROBLEMS ,  ( IV ) TRANSFERRING RESULTS TO INDUSTRY ,   ( V ) PROMOTING STANDARDIZATION ,   IN PARTICULAR BY SUPPORT FOR :   ( I ) THE MOBILITY OF RESEARCH WORKERS AND FOR OTHER FORMS OF COLLABORATION RELATING TO RESEARCH INTO REAL-TIME DATA PROCESSING , AND  ( II ) CONCERTING THE MEMBER STATES '  RESEARCH ACTIVITIES IN THE FIELD OF NETWORK TECHNOLOGY .   1.3.2 . MEDIUM-TERM STUDY OF THE DATA-PROCESSING SECTOR   AIMS :  ( A ) CONTINUATION ON A PERMANENT BASIS OF THE WORK WHICH LED TO THE PREPARATION OF THE REPORT ON DEVELOPMENTS IN THE DATA-PROCESSING SECTOR REQUIRED UNDER THE COUNCIL RESOLUTION OF 15 JULY 1974 ON A COMMUNITY POLICY ON DATA PROCESSING ;  ( B ) WIDENING OF THE TERMS OF REFERENCE OF THE WORK TO INCLUDE FORWARD DATA IN THE MEDIUM AND LONG TERM . IN THIS CONTEXT , THE EXECUTION OF STUDIES OF THE MARKET AND THE PRIORITIES FOR POSSIBLE COMMON MEASURES IN THE FIELD OF PERI-INFORMATICS ;  ( C ) ESTABLISHMENT OF THE NECESSARY RELATIONS WITH ORGANIZATIONS WORKING IN SIMILAR FIELDS SO AS TO COMPARE THE RESULTS OBTAINED AND AVOID DUPLICATION ;  ( D ) PREPARATION OF AN ANNUAL CONSOLIDATED REPORT CONTAINING AN INTERPRETATION OF STATISTICAL DATA AND THE APPROPRIATE DIAGNOSES ;  ( E ) SYSTEMATIC STUDIES IN THE FIELD OF ELECTRONIC COMPONENT TECHNOLOGY WITH A VIEW TO DEFINING THE ASPECTS OF AND WAYS OF IMPLEMENTING PROJECTS WHICH WILL BE THE SUBJECT OF COMMISSION PROPOSALS UNDER THE COUNCIL RESOLUTION OF 11 SEPTEMBER 1979 ON A COMMUNITY PROJECT PROMOTING MICRO-ELECTRONIC TECHNOLOGY .   1.3.3 . EFFECTS OF DATA PROCESSING ON EMPLOYMENT AND ITS IMPACT ON SOCIETY   AIMS :  ( A ) INTRODUCTION , WITH THE GOVERNMENTS OF THE MEMBER STATES AND BOTH SIDES OF INDUSTRY , OF SUITABLE METHODS FOR ENSURING THE COLLECTION OF DATA OR THE HOLDING OF ANY NECESSARY DISCUSSIONS ON THE SUBJECT ;  ( B ) INCLUSION OF EMPLOYMENT PROBLEMS IN THE MEDIUM- AND LONG-TERM STUDY OF THE DATA-PROCESSING SECTOR , INCLUDING REGIONAL ASPECTS ;  ( C ) OTHER ASPECTS OF THE IMPACT OF DATA PROCESSING ON SOCIETY , IN PARTICULAR TRAINING PROBLEMS .   1.3.4 . CONFIDENTIALITY AND DATA SECURITY   AIMS :  ( A ) FURTHER STUDIES ON CONFIDENTIALITY AND DATA SECURITY ;  ( B ) EXAMINATION OF LEGISLATION IN FORCE OR IN PREPARATION IN THE MEMBER STATES AND DISCUSSION OF HARMONIZATION POSSIBILITIES AND OF INSTRUMENTS WHICH MIGHT BE IMPLEMENTED AT COMMUNITY LEVEL ;  ( C ) DEVELOPMENT AT COMMUNITY LEVEL OF COOPERATION WITH NON-MEMBER STATES WITH A VIEW TO THE EXCHANGE OF KNOWLEDGE AND OF EXPERIENCE GAINED IN THIS FIELD .   1.3.5 . LEGAL PROTECTION FOR COMPUTER PROGRAMS   AIMS :  ( A ) CONSULTATION BY THE COMMISSION WITH THE CIRCLES CONCERNED ;  ( B ) DEVELOPMENT OF SUITABLE RELATIONS BETWEEN THE COMMISSION AND NATIONAL OR INTERNATIONAL BODIES DEALING WITH THE PROBLEM .   2 .  PROMOTION MEASURES   2.1 .  GENERAL OBJECTIVES AND CRITERIA   2.1.1 . THE PROGRAMME IS DESIGNED TO PROMOTE PROJECTS OF COMMUNITY INTEREST MEETING THE FOLLOWING OBJECTIVES :  ( A ) CONTRIBUTION TOWARDS STANDARDIZATION AND SOFTWARE PORTABILITY POLICIES ;  ( B ) BETTER USE OF DATA PROCESSING AND THE CREATION OF MORE UNIFORM MARKETS ;  ( C ) RATIONALIZATION OF PUBLIC EXPENDITURE ;  ( D ) DEVELOPMENT IN THE COMMUNITY OF A STRONG AND COMPETITIVE EUROPEAN DATA-PROCESSING INDUSTRY , IN PARTICULAR THROUGH INDUSTRIAL COOPERATION WHICH WOULD ENABLE IT TO ACHIEVE BETTER MARKET PENETRATION ;  ( E ) APPLICATIONS WHICH IMPROVE THE COMPETITIVENESS OF EUROPEAN INDUSTRY , THUS EXPANDING ITS SHARE OF EXPORTS TO MARKETS OF NON-MEMBER STATES .   2.1.2 . THE PROMOTION MEASURES CONCERN THE SOFTWARE AND APPLICATIONS SUB-SECTOR .   2.1.3 . FINANCING WILL BE PROVIDED BY THE COMMUNITY SUPPORT SCHEME . SINCE UNDERTAKINGS SHOULD , IN PRINCIPLE , SEE THEMSELVES THAT THEIR DEVELOPMENT PROJECTS ARE IMPLEMENTED , THE SCHEME IS DESIGNED IN PARTICULAR TO SUPPLEMENT THE FINANCING OF PROJECTS PRESENTING TOO HIGH A DEGREE OF RISK TO BE ASSUMED BY THE PRIVATE SECTOR ALONE .   WITH A VIEW TO MAKING THE MOST EFFICIENT USE OF PUBLIC FUNDS IN THE COMMUNITY AND TO STRENGTHENING THE COMPETITIVENESS OF EUROPEAN INDUSTRY , NATIONAL PROGRAMMES AND MEASURES IN THIS SECTOR MUST BE COORDINATED , SO THAT NATIONAL PROGRAMMES AND THE COMMUNITY PROGRAMME BECOME COMPLEMENTARY ASPECTS CONTRIBUTING TO A COMMON EFFORT AND THEREBY HELP TO ESTABLISH BALANCED COMPETITION .   2.1.4 . ALL PROJECTS MUST SATISFY THE FOLLOWING GENERAL CRITERIA :  ( A ) STUDIES AND DEVELOPMENTS MUST BE CAPABLE OF BEING COMPLETED WITHIN THE SPACE OF FOUR YEARS ;  ( B ) THE PROJECT MUST NOT BE DEPENDENT ON A PRIOR PROCESS OF LEGAL OR OTHER HARMONIZATION ;  ( C ) IMPLEMENTATION OF A PROJECT AT COMMUNITY LEVEL MUST BRING ECONOMIC OR TECHNICAL BENEFITS ; SUCH BENEFITS MUST BE GREATER THAN THOSE IT WOULD ACHIEVE AT NATIONAL LEVEL , WHERE , IN THE ABSENCE OF COMMUNITY AID , THE PROJECT COULD NOT BE IMPLEMENTED , OR COULD BE IMPLEMENTED ONLY WITH DIFFICULTY ;  ( D ) ENCOURAGEMENT WILL BE GIVEN TO PROJECTS INVOLVING INDUSTRIAL COOPERATION BETWEEN UNDERTAKINGS FROM DIFFERENT MEMBER STATES . THE EFFICIENCY OF THE PROPOSED METHOD OF COOPERATION WILL THEREFORE BE A FACTOR IN THE ASSESSMENT , THE AIM BEING TO FOSTER THE DEVELOPMENT OF COMMERCIALLY VIABLE INDUSTRIAL STRUCTURES ADAPTED TO THE EUROPEAN SCALE AND TO STRENGTHEN COMPETITION ;  ( E ) PROJECTS PROPOSED BY USERS SHOULD BE BASED ON COOPERATION ON A SCALE OF MORE THAN ONE MEMBER STATE ;  ( F )  ANY SOFTWARE DEVELOPED IN THESE PROJECTS MUST BE PORTABLE .   2.2 .  SOFTWARE AND APPLICATIONS   2.2.1 . GENERAL SOFTWARE   SUPPORT MAY BE GRANTED FOR STUDIES AND PROJECTS ON THE DEVELOPMENT OF GENERAL SOFTWARE WHICH , IN ADDITION TO SATISFYING THE GENERAL CRITERIA SET OUT UNDER 2.1.4 , MEET ONE OR MORE OF THE FOLLOWING OBJECTIVES :  ( A ) THE IMPLEMENTATION AND DIFFUSION OF STANDARDS AND NORMS ;  ( B ) IMPROVED PORTABILITY ;  ( C ) IMPROVED CONVERSION CONDITIONS ;  ( D ) GREATER EFFICIENCY OF DATA-PROCESSING SYSTEMS ;  ( E ) THE DEVELOPMENT OF NETWORK MANAGEMENT TECHNIQUES OR OF TECHNIQUES RELATING TO DISTRIBUTED DATA PROCESSING , WITH A VIEW TO A MORE GENERAL USE OF COMMUNITY STANDARDS AND NORMS .   2.2.2 . APPLICATIONS   SUPPORT MAY BE GRANTED FOR APPLICATIONS WHICH , IN ADDITION TO SATISFYING THE GENERAL CRITERIA SET OUT IN 2.1.4 , POSSESS ONE OR MORE OF THE FOLLOWING FEATURES :  ( A ) APPLICATIONS OF A TRANSNATIONAL CHARACTER ( E.G . ENVIRONMENTAL MONITORING , AIR , SEA AND LAND TRAFFIC CONTROL , INTERNATIONAL TRANSPORT OPERATIONS , CUSTOMS );  ( B ) APPLICATIONS WHICH HELP , THROUGH DATA PROCESSING , TO FULFILL SPECIFIC EUROPEAN ECONOMIC COMMUNITY POLICY AIMS  ( E.G . FREE MOVEMENT OF LABOUR AND CAPITAL , INTERNATIONAL COMMUNICATIONS , AGRICULTURAL AND REGIONAL POLICIES , ENERGY POLICY , ENVIRONMENTAL PROTECTION , SOCIAL POLICY );  ( C ) APPLICATIONS WHICH MAKE FOR OBVIOUS SAVINGS IN PUBLIC EXPENDITURE THROUGH EITHER A JOINT STUDY OR JOINT DEVELOPMENT ( E.G . HEALTH , MEDICAL AND EDUCATIONAL APPLICATIONS LIKELY TO BE IMPLEMENTED IN MORE THAN ONE MEMBER STATE );  ( D ) APPLICATIONS WHICH INCREASE PRODUCTIVITY AND COMPETITIVENESS IN ECONOMIC SECTORS IMPORTANT TO THE COMMUNITY THROUGH EFFECTIVE APPLICATION , TAKING PARTICULAR ACCOUNT OF STANDARDIZATION OBJECTIVES , OF DATA-PROCESSING TECHNIQUES , SUCH AS COMPUTER-AIDED DESIGN ( CAD ), PROCESS AND INDUSTRIAL CONTROL SYSTEMS AND AUTOMATED ADMINISTRATIVE SYSTEMS , WHERE A COMMON NEED ARISES ;  ( E ) APPLICATIONS WHOSE IMPLEMENTATION AT COMMUNITY LEVEL IS SUCH AS TO HAVE A SIGNIFICANT IMPACT ON STANDARDS ON A COMMUNITY SCALE AND ON STRATEGIC DEVELOPMENTS IN THE FIELD OF DISTRIBUTED DATA PROCESSING , SUCH AS NETWORKS , DATA COMMUNICATION , ETC .   2.3 .  PERI-INFORMATICS AND MICRO-ELECTRONIC TECHNOLOGY   IN THE LIGHT OF DEVELOPMENTS IN THE PROGRAMME AND OF STUDIES CARRIED OUT WITHIN THE FRAMEWORK OF THOSE REFERRED TO IN 1.3.2 , THE COMMISSION WILL BE ABLE TO SUBMIT TO THE COUNCIL PROPOSALS ON SUPPORT FOR THESE ASPECTS AND ON OTHER ASPECTS .   CRITERIA AND MORE PRECISE OBJECTIVES SHALL BE DRAWN UP IN THE LIGHT OF THE STUDIES UNDERTAKEN AND OF CONSULTATION BETWEEN THE MEMBER STATES IN THE ADVISORY COMMITTEE FOR THE MANAGEMENT AND COORDINATION OF DATA-PROCESSING PROGRAMMES . THE OBJECTIVE OF SUCH CONSULTATION WILL BE TO INSERT IN THE COMMUNITY FRAMEWORK ANY PROMOTION PROGRAMME WHICH MAY APPEAR NECESSARY .


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31980D0686

80/686/EEC: Commission Decision of 25 June 1980 setting up an Advisory Committee on the control and reduction of pollution caused by hydrocarbons discharged at sea

Official Journal L 188 , 22/07/1980 P. 0011 - 0012 Finnish special edition: Chapter 15 Volume 2 P. 0227  Greek special edition: Chapter 15 Volume 1 P. 0248  Swedish special edition: Chapter 15 Volume 2 P. 0227  Spanish special edition: Chapter 15 Volume 2 P. 0171  Portuguese special edition Chapter 15 Volume 2 P. 0171

COMMISSION DECISION  of 25 June 1980  setting up an Advisory Committee on the control and reduction of pollution caused by hydrocarbons discharged at sea  (80/686/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas, at its meetings in Copenhagen on 7 and 8 April 1978, in Bremen on 6 and 7 July 1978 and in Luxembourg on 27 and 28 April 1980, the European Council took the view that preventing and combating marine pollution, in particular by hydrocarbons, should be one of the major objectives of action by the Community;  Whereas the European Communities' 1973 environment action programme (1), supplemented by that of 1977 (2), stressed that it was of paramount importance to western Europe that effective action be taken against the dangers inherent in the carriage of hydrocarbons, including the threat of serious coastal pollution as a result of accidents on the high seas, and specified that the protection of sea water in order to ensure the maintenance of ecological balances was a priority task;  Whereas on 26 June 1978 the Council adopted a resolution setting up an action programme of the European Communities on the control and reduction of pollution caused by hydrocarbons discharged at sea (3);  Whereas the Commission needs to seek advice from highly qualified experts in the Member States concerning pollution caused by hydrocarbons discharged at sea;  Whereas the Community also needs to have a forum where experts can meet for the purpose of collecting existing information and experience gained in Member States, thus facilitating the coordination of measures taken or planned at national, international or Community level,  HAS DECIDED AS FOLLOWS:    Article 1 The Commission hereby sets up an Advisory Committee on the control and reduction of pollution caused by hydrocarbons discharged at sea, hereinafter referred to as "the Committee".   Article 2 The terms of reference of the Committee shall be as follows:    1. to advise the Commission, at the request of the latter or on its own initiative, on all problems concerning the implementation of Community measures for the control and reduction of pollution caused by hydrocarbons discharged at sea;       2. to allow the collection of existing information and experience gained in the Member States, on ways of controlling and reducing pollution caused by hydrocarbons discharged at sea, thus facilitating the coordination of measures taken or planned at national, international or Community level.          Article 3 1. The Committee shall consist of government experts with specialist knowledge of the areas referred to in Article 2 (three representatives per Member State).  2. Committee members shall be chosen by the Commission on the basis of nominations by the Member States.  3. Representatives of the departments of the Commission concerned shall take part in the meetings of the Committee.   Article 4 An alternate shall be appointed by each Committee member. Without prejudice to Article 9, an alternate shall attend Committee meetings and take part in the work of the Committee only if the full member in question is prevented from attending.  (1)OJ No C 112, 20.12.1973, p. 1. (2)OJ No C 139, 13.6.1977, p. 1. (3)OJ No C 162, 8.7.1978, p. 1.    Article 5 The Commission shall publish the membership list in the Official Journal of the European Communities as a matter of information.   Article 6 The Committee shall be chaired by a Commission representative.   Article 7 The Committee shall elect six vice-chairmen from among its members.  It shall set up a bureau consisting of the chairman and the vice-chairmen.   Article 8 The departments of the Commission shall provide the secretariat of the Committee and of the bureau.   Article 9 The chairman may invite any person with expert knowledge of a subject on the agenda to take part in the work of the Committee.  Experts shall only take part in the discussions on the matter concerning which they have been invited to attend.   Article 10 The Committee shall draw up its rules of procedure.   Article 11 Without prejudice to Article 214 of the Treaty, Committee members shall be required not to disclose any information which has been acquired by them in the course of the work of the Committee or of the bureau where the Commission informs them that the opinion requested or the question raised concerns a confidential matter.  In such cases, only Committee members and Commission representatives shall be present at the meetings in question.   Article 12 This Decision shall enter into force on 25 June 1980.     Done at Brussels, 25 June 1980.  For the Commission  Lorenzo NATALI  Vice-President


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31981D0121

81/121/EEC: Council Decision of 3 March 1981 on the granting of daily allowances and the reimbursement of travelling expenses of members of the Economic and Social Committee, alternates and experts

Official Journal L 067 , 12/03/1981 P. 0029 - 0029 Finnish special edition: Chapter 1 Volume 2 P. 0013  Spanish special edition: Chapter 01 Volume 6 P. 0061  Swedish special edition: Chapter 1 Volume 2 P. 0013  Portuguese special edition Chapter 01 Volume 6 P. 0061

COUNCIL DECISION of 3 March 1981 on the granting of daily allowances and the reimbursement of travelling expenses of members of the Economic and Social Committee, alternates and experts (81/121/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities, and in particular Article 6 thereof,  Whereas procedures should be laid down for granting daily allowances and reimbursing the travelling expenses of members of the Economic and Social Committee, and of alternates and experts within the meaning of the Rules of Procedure of the Economic and Social Committee of 13 June 1974 (1), as amended on 22 July 1980 (2),  HAS DECIDED AS FOLLOWS:    Article 1 Members of the Economic and Social Committee, alternates and experts shall be entitled to a daily allowance for days spent at meetings or travelling and to the reimbursement of travelling expenses in accordance with the provisions below.   Article 2 The daily allowance per day of meeting shall amount to:    - Bfrs 3 300 for members,       - Bfrs 2 475 for alternates and experts.          Article 3 1. The time taken into consideration for the reimbursement of days travelling shall be established on a flat-rate basis for return journeys in accordance with the following calculation:    - three-quarters of a day for a distance of over 100kilometres up to a maximum of 200 kilometres,       - one day for a distance of over 200 kilometres up toa maximum of 500 kilometres,       - one day and a half for a distance of over 500kilometres up to a maximum of 1 000 kilometres,       - two days for a distance of over 1 000 kilometres.         2. However, travelling time shall continue to be reimbursed at the rates paid under the financial rules of the Economic and Social Committee in force at 1 March 1981 until such time as the method of calculation described in paragraph 1 enables the same level of reimbursement to be attained.   Article 4 1. Travelling expenses shall be reimbursed in accordance with the financial rules of the Economic and Social Committee in force at 1 March 1981, it being understood that the alternates shall receive the same treatment as members and experts.  2. However air travel of members, alternates and experts shall be reimbursed on the basis of the tourist class fare, except in the case of the chairman on the one hand and the vice-chairman on official missions on the other, who are entitled to reimbursement of the first class fare.   Article 5 This Decision shall take effect on 1 March 1981.     Done at Brussels, 3 March 1981.  For the Council  The President  G.M.V. van AARDENNE  (1) OJ No L 228, 19.8.1974, p. 1. (2) OJ No L 366, 31.12.1980, p. 30.


title: 2012/145/EU: Council Decision of 28 February 2012 on the conclusion of the Protocol agreed between the European Union and the Republic of Guinea-Bissau setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force

text:
               10.3.2012

               EN

               Official Journal of the European Union

               L 72/1

         COUNCIL DECISION
   of 28 February 2012
   on the conclusion of the Protocol agreed between the European Union and the Republic of Guinea-Bissau setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement between the two parties currently in force
   (2012/145/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2) in conjunction with Article 218(6)(a) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               On 17 March 2008, the Council adopted Regulation (EC) No 241/2008 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Republic of Guinea-Bissau (1).

               (2)

               The Union has negotiated with the Republic of Guinea-Bissau a new protocol granting EU vessels fishing opportunities in waters in which Guinea-Bissau exercises its sovereignty or jurisdiction as regards fishing (hereinafter ‧the Protocol‧).

               (3)

               At the end of those negotiations, the Protocol was initialled on 15 June 2011.

               (4)

               The Protocol was signed in accordance with Council Decision 2011/885/EU (2) and has been applied on a provisional basis since 16 June 2011.

               (5)

               The Protocol should be concluded,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol agreed between the European Union and the Republic of Guinea-Bissau setting out fishing opportunities and the financial contribution provided for in the Fisheries Partnership Agreement concluded between the European Community and the Republic of Guinea-Bissau in force between the two parties (hereinafter ‧the Protocol‧) is hereby approved on behalf of the European Union (3).
   Article 2
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 14 of the Protocol with a view to expressing the Union’s consent to be bound by the Protocol (4).
   Article 3
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 28 February 2012.

            For the Council

            The President

         N. WAMMEN

      (1)  OJ L 75, 18.3.2008, p. 49.

      (2)  OJ L 344, 28.12.2011, p. 1.

      (3)  The Protocol was published, together with the Decision on signing, in OJ L 344, 28.12.2011, p. 1.

      (4)  The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.


title: 2009/249/EC: Council Decision of 16 March 2009 appointing the Chairperson of the European Statistical Governance Advisory Board

text:
               20.3.2009

               EN

               Official Journal of the European Union

               L 74/30

      COUNCIL DECISION

   of 16 March 2009
   appointing the Chairperson of the European Statistical Governance Advisory Board
   (2009/249/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Decision No 235/2008/EC of the European Parliament and of the Council of 11 March 2008 establishing the European Statistical Governance Advisory Board (1), and in particular Article 3 thereof,
   Having regard to the opinion of the Commission,
   Having regard to the approval of the European Parliament,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Johnny ÅKERHOLM is hereby appointed Chairperson of the European Statistical Governance Advisory Board for a period of three years.
   Article 2
   This Decision shall take effect on the third day following its publication in the Official Journal of the European Union.

      Done at Brussels, 16 March 2009.

            For the Council

            The President

         A. VONDRA

      (1)  OJ L 73, 15.3.2008, p. 17.