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32002D0309

2002/309/EC,Euratom: Decision of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation, of 4 April 2002 on the conclusion of seven Agreements with the Swiss Confederation

Official Journal L 114 , 30/04/2002 P. 0001 - 0005

Decision of the Council, and of the Commission as regards the Agreement on Scientific and Technological Cooperation,of 4 April 2002on the conclusion of seven Agreements with the Swiss Confederation(2002/309/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 310 in conjunction with the second sentence of the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3), and Article 300(4) thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second subparagraph of Article 101 thereof,Having regard to the proposal from the Commission,Having regard to the assent of the European Parliament(1),Having regard to the approval of the Council,Whereas:(1) In order to pursue the privileged links between the European Union and the Swiss Confederation and their common desire to widen and strengthen their relations, the following agreements were signed on 21 June 1999 and should be approved:- Agreement on the Free Movement of Persons between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part,- Agreement between the European Community and the Swiss Confederation on Air Transport,- Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road,- Agreement between the European Community and the Swiss Confederation on Trade in Agricultural Products,- Agreement between the European Community and the Swiss Confederation on Mutual Recognition in Relation to Conformity Assessment,- Agreement between the European Community and the Swiss Confederation on Certain Aspects of Government Procurement,- Agreement on Scientific and Technological Cooperation between the European Communities and the Swiss Confederation.(2) The seven agreements are intimately linked to one another by the requirement that they are to come into force at the same time and that they are to cease to apply at the same time, six months after the receipt of a non-renewal or denunciation notice concerning any one of them.(3) As regards the Agreement on the Free Movement of Persons, the undertakings contained in the Agreement that fall within the scope of Part Three, Title IV of the Treaty establishing the European Community are not binding on the Kingdom of Denmark, Ireland and the United Kingdom of Great Britain and Northern Ireland as obligations under Community law but as obligations arising from an undertaking between those Member States and the Swiss Confederation.(4) As regards the Agreement on Trade in Agricultural Products, where appropriate, measures necessary for the implementation of the first indent of Article 5(3) of this Decision may be adopted in accordance with the procedure laid down in Article 5(4). These measures should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(2).(5) Certain tasks for implementation have been attributed to the Joint Committees established under the Agreements, including the power to amend certain aspects of the Annexes thereto. The appropriate internal procedures should be established to ensure the proper functioning of the Agreements and, in certain cases, to empower the Commission to agree to certain technical amendments to the Agreements or to take certain decisions for their implementation,HAVE DECIDED AS FOLLOWS:Article 11. The following six agreements are hereby approved on behalf of the European Community:- Agreement on the Free Movement of Persons between the European Community and its Member States, of the one part, and the Swiss Confederation, of the other part,- Agreement between the European Community and the Swiss Confederation on Air Transport,- Agreement between the European Community and the Swiss Confederation on the Carriage of Goods and Passengers by Rail and Road,- Agreement between the European Community and the Swiss Confederation on Trade in Agricultural Products,- Agreement between the European Community and the Swiss Confederation on Mutual Recognition in Relation to Conformity Assessment,- Agreement between the European Community and the Swiss Confederation on Certain Aspects of Government Procurement.The following agreement is hereby approved on behalf of the European Community and the European Atomic Energy Community:- Agreement on Scientific and Technological Cooperation between the European Communities and the Swiss Confederation.The texts of the Agreements are attached to this Decision.2. According to their terms, the seven agreements shall come into force at the same time and shall cease to apply at the same time, six months after the receipt of a non-renewal or denunciation notice concerning any one of them.Article 2As regards the Agreement on the Free Movement of Persons, the Community shall be represented on the Joint Committee set up under Article 14 of the Agreement by a representative of the Commission. The position to be taken by the Community in the course of the implementation of the Agreement as regards decisions or recommendations of the Joint Committee shall be laid down by the Council on a proposal from the Commission, in accordance with the corresponding provisions of the Treaty establishing the European Community.Article 31. As regards the Agreement on Air Transport, the Community shall be represented in the Joint Committee set up under Article 21 of the Agreement by the Commission assisted by representatives of the Member States.2. The position to be taken by the Community as regards decisions of the Joint Committee which simply extend acts of Community legislation to Switzerland, subject to any technical adjustment needed, shall be adopted by the Commission.3. For other Joint Committee decisions, the Community's position shall be adopted by the Council, acting by a qualified majority, on a proposal from the Commission.Article 41. As regards the Agreement on the Carriage of Goods and Passengers by Rail and Road, the Community shall be represented in the Joint Committee set up under Article 51 of the Agreement by the Commission assisted by representatives of the Member States. The position to be taken by the Community as regards decisions of the Joint Committee shall be adopted:- by the Council, acting by qualified majority on a proposal from the Commission, for the matters contained in Articles 42, 45, 46, 47 and 54 of the Agreement,- for all other matters, by the Commission in consultation with the Committee established under the first subparagraph of Article 4 of Decision 92/578/EEC(3).Article 51. As regards the Agreement on Trade in Agricultural Products, the Commission, assisted by Member States' representatives, shall represent the Community in the Joint Committee for Agriculture referred to in Article 6(1) of the Agreement and in the Joint Veterinary Committee referred to in Article 19(1) of Annex 11 to the Agreement.2. The Community position within the Joint Committee for Agriculture and the Joint Veterinary Committee shall be adopted by the Council on a proposal from the Commission, in accordance with the corresponding provisions of the Treaty establishing the European Community.However, the Community position on matters subject to decisions of the Joint Committee for Agriculture as referred to in Article 6(3) of the Agreement shall be adopted by the Commission:- in respect of matters relating to Annex 4 to the Agreement and the Appendices thereto in accordance with the procedure laid down in Article 18 of Directive 2000/29/EC(4),- in respect of matters relating to Annex 5 to the Agreement and the Appendices thereto in accordance with the procedure laid down in Article 23 of Directive 70/524/EEC(5),- in respect of matters relating to Annex 6 to the Agreement and the Appendices thereto in accordance with the procedure laid down in Article 21 of Directive 66/400/EEC(6) or the corresponding provisions of the other Directives in the seeds sector,- in respect of matters relating to Annex 7 to the Agreement and the Appendices thereto in accordance with the procedure laid down in Article 75 of Regulation (EC) No 1493/1999(7),- in respect of matters relating to Annex 8 to the Agreement and the Appendices thereto in accordance with the procedure laid down in Article 14 or Article 15 of Regulation (EEC) No 1576/89(8) or in Article 13 or Article 14 of Regulation (EEC) No 1601/91(9),- in respect of matters relating to Annex 9 to the Agreement and the Appendices thereto in accordance with the procedure laid down in Article 14 of Regulation (EEC) No 2092/91(10),- in respect of matters relating to Annex 10 to the Agreement and the Appendices thereto in accordance with the procedure laid down in Article 46 of Regulation (EC) No 2200/96(11).3. Without prejudice to paragraph 6, the Commission shall adopt the measures necessary for the implementation of the Agreement as regards:- the implementation of the tariff concessions set out in Annex 2 and Annex 3 to the Agreement as well as amendments and technical adaptations made necessary by amendments to the Combined Nomenclature and TARIC codes, in accordance with the procedure laid down in Article 23 of Regulation (EEC) No 1766/92(12) or the corresponding provisions of the other Regulations on the common organisation of the markets, or in accordance with the procedure laid down in paragraph 2,- the implementation of Annex 4, in accordance with the procedure laid down in Article 18 of Directive 2000/29/EC,- the implementation of Annex 5, in accordance with the procedure laid down in Article 23 of Directive 70/524/EEC,- the implementation of Annex 6, in accordance with the procedure laid down in Article 21 of Directive 66/400/EEC or the corresponding provisions of other Directives in the seeds sector,- the implementation of Title III of Annex 7, in accordance with the procedure laid down in Article 75 of Regulation (EC) No 1493/1999,- the implementation of Article 14 of Annex 8, in accordance with the procedure laid down in Article 14 of Regulation (EEC) No 1576/89 or in Article 13 of Regulation (EEC) No 1601/91,- the implementation of Annex 9, in accordance with the procedure laid down in Article 14 of Regulation (EEC) 2092/91,- the implementation of Annex 10, in accordance with the procedure laid down in Article 46 of Regulation (EC) No 2200/96,- the implementation of Annex 11, in accordance with Article 30 of Directive 72/462/EEC(13).4. Where appropriate, the necessary measures referred to in the first indent of paragraph 3 may be adopted in accordance with the procedures set out hereafter.The Commission shall be assisted by the Customs Code Committee set up by Article 248a of Regulation (EEC) No 2913/92(14).Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.5. The Customs Code Committee may examine any question concerning the application of tariff quotas which is raised by its chairman either at the latter's initiative or at the request of a Member State.6. The Commission shall, at the request of a Member State or on its own initiative, decide upon the necessary measures in accordance with Article 10 of the Agreement, Article 29 of Annex 7, Article 16 of Annex 8, Article 9 of Annex 9 and Article 5 of Annex 10 thereto. The Council and the Member States shall be notified of such decisions. If the Commission receives a request from a Member State, it shall take a decision thereon within three working days following receipt of the request. Any Member State may refer the Commission's decision to the Council within three working days of the day on which they were notified. The Council shall meet without delay. It may, acting by a qualified majority, take a different decision within a period of 30 days of the day on which the Commission's decision was referred to it.Article 61. As regards the Agreement on Mutual Recognition in Relation to Conformity Assessment, the Community shall be represented on the Joint Committee set up under Article 10 of the Agreement, referred to hereafter as the "Committee", by the Commission assisted by the special committee designated by the Council. The Commission shall proceed, after consultation with this special committee, to the appointments, notifications, exchange of information and requests for verification referred to in Articles 6(3), 7, 8(1), 10(4)(e) and 12 of the Agreement.2. The position to be taken by the Community in the Committee shall be determined by the Commission, following consultation of the special committee referred to in paragraph 1, with regard to:(a) application of Article 1(3) to the chapters of Annex 1;(b) adoption of the rules of procedure, in accordance with Article 10(2), and of the verification procedures provided for in Article 10(4)(c) and (d) of the Agreement;(c) verification of the compliance of conformity assessment bodies and related decisions, in accordance with Article 8 and Article 11(c) of the Agreement;(d) amendments of Sections I to V of all Chapters in Annex I, in accordance with Article 10(4)(a), (b) and (e), and Article 11 of the Agreement;(e) amendments of the annexes, in accordance with Article 10(5) of the Agreement, and(f) the dispute settlement mechanism provided for in Article 14 of the Agreement.3. In all other cases the position to be taken by the Community in the Committee shall be determined by the Council, acting by qualified majority on a proposal from the Commission.Article 71. As regards the Agreement on Certain Aspects of Government Procurement, the Community shall be represented in the Joint Committee set up under Article 11 of the Agreement by the Commission assisted by representatives of the Member States.2. The Commission is authorised to approve, on behalf of the Community, modifications to Annexes I, II, III, IV, VI and VII to the Agreement. The Commission shall be assisted in this task by a special committee appointed by the Council. The authorisation referred to in the first sentence shall be limited, as far as Annex I is concerned, to the modifications that will be necessary if the procedures laid down in Article 8 of Directive 93/38/EEC were to be applied, as far as Annexes II, III and IV are concerned, to the modifications that will be necessary if similar procedures were to be applied to the sectors concerned by these annexes and, as far as Annexes VI and VII are concerned, to the results of future negotiations to be conducted in the framework of the 1996 Government Procurement Agreement.3. In all other cases, the position to be taken by the Community as regards decisions of the Joint Committee shall be laid down by the Council, on a proposal from the Commission, in accordance with the corresponding provisions of the Treaty establishing the European Community.Article 8The acts or instruments of approval, provided for in each of the agreements, shall be deposited by the President of the Council on behalf of the European Community and also, as regards the Agreement on Scientific and Technological Cooperation, by the President of the Commission on behalf of the European Atomic Energy Community.Done at Brussels, 4 April 2002.For the CouncilThe PresidentA. Acebes PaniaguaFor the CommissionThe PresidentR. Prodi(1) OJ C 41, 7.2.2001, p. 25.(2) OJ L 184, 17.7.1999, p. 23.(3) OJ L 373, 21.12.1992, p. 26.(4) OJ L 169, 10.7.2000, p. 1. Directive as amended by Commission Directive 2001/33/EC (OJ L 127, 9.5.2001, p. 42).(5) OJ L 270, 14.12.1970, p. 1. Directive as last amended by Commission Regulation (EC) No 2205/2001 (OJ L 297, 15.11.2001, p. 3).(6) OJ 125, 11.7.1966, p. 2290/66. Directive as last amended by Council Directive 98/96/EC (OJ L 25, 1.2.1999, p. 27).(7) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Council Regulation (EC) No 2585/2001 (OJ L 345, 29.11.2001, p. 10).(8) OJ L 160, 12.6.1989, p. 1. Regulation as last amended by Council Regulation (EC) No 3378/94 (OJ L 366, 31.12.1994, p. 1).(9) OJ L 149, 14.6.1991, p. 1. Regulation as last amended by Council Regulation (EC) No 2061/96 (OJ L 277, 30.10.1996, p. 1).(10) OJ L 198, 22.7.1991, p. 1. Regulation as last amended by Commission Regulation (EC) No 2491/2001 (OJ L 337, 20.12.2001, p. 9).(11) OJ L 297, 21.11.1996, p. 1. Regulation as last amended by Commission Regulation (EC) No 911/2001 (OJ L 129, 11.5.2001, p. 3).(12) OJ L 181, 1. 7.1992, p. 21. Regulation as last amended by Council Regulation (EC) No 1666/2000 (OJ L 193, 29.7.2000, p. 1).(13) OJ L 302, 31.12.1972, p. 28. Directive as last amended by Council Regulation (EC) No 1452/2001 (OJ L 198, 21.7.2001, p. 11).(14) OJ L 302, 19.10.1992, p. 1. Regulation as last amended by Regulation (EC) No 2700/2000 of the European Parliament and of the Council (OJ L 311, 12.12.2000, p. 17).


title: 2011/166/EU: Commission Decision of 17 March 2011 setting up the SHARE-ERIC

text:
               18.3.2011

               EN

               Official Journal of the European Union

               L 71/20

         COMMISSION DECISION
   of 17 March 2011
   setting up the SHARE-ERIC
   (2011/166/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 723/2009 of 25 June 2009 on the Community legal framework for a European Research Infrastructure Consortium (ERIC) (1),
   Whereas:

               (1)

               Regulation (EC) No 723/2009 empowers the Commission to set up European Research Infrastructure Consortia (hereinafter referred to as ‘ERICs’).

               (2)

               The Czech Republic, the Federal Republic of Germany, the Kingdom of the Netherlands and the Republic of Austria have on 14 December 2010 requested the Commission to set up the Survey of Health, Ageing and Retirement in Europe as a European Research Infrastructure Consortium (SHARE-ERIC), the Kingdom of Belgium has joined this request on 21 January 2011, and Switzerland has requested to be included as observer in the SHARE-ERIC.

               (3)

               The Kingdom of the Netherlands has provided a declaration recognising SHARE-ERIC as international body in the sense of Articles 143(g) and 151(1)(b) of Council Directive 2006/112/EC of 28 November 2006 on the common system of value added tax (2) and an international organisation in the sense of the second indent of Article 23(1) of Council Directive 92/12/EEC of 25 February 1992 on the general arrangements for products subject to excise duty and on the holding, movement and monitoring of such products (3) as of its setting up.

               (4)

               The Commission, in response to its obligations set out in Article 5(2) of Regulation (EC) No 723/2009 has assessed the application and concluded that it meets the requirements set out in Regulation (EC) No 723/2009.

               (5)

               In accordance with Article 6(1) and Article 20 of Regulation (EC) No 723/2009 the committee set up under Article 20 of that Regulation has been consulted for its opinion on the setting-up of the SHARE-ERIC and has delivered a favourable opinion.

               (6)

               SHARE-ERIC is expected to become an important asset to other major European research and innovation initiatives on population ageing such as the proposed Joint Programming Initiative more years — better lives, The Ambient Assisted Living Joint Programme and the European Innovation Partnership on Active and Healthy Ageing,

         HAS ADOPTED THIS DECISION:
   Sole Article
   Establishment of the SHARE-ERIC
   1.   A European Research Infrastructure Consortium for the Survey of Health, Ageing and Retirement in Europe named SHARE-ERIC is hereby set up according to Regulation (EC) No 723/2009.
   SHARE-ERIC shall have legal personality as of the date this Decision takes effect and it shall enjoy, in each of the Member States, the most extensive legal capacity accorded to legal entities under the law of that Member State. It may, in particular, acquire, own and dispose of movable, immovable and intellectual property, conclude contracts and be a party to legal proceedings.
   2.   The statutes of SHARE-ERIC, as agreed between its members, are annexed to this Decision. Their amendment is subject to the provisions in the statutes and to Article 11 of Regulation (EC) No 723/2009. The Statutes shall be publicly available on the website of the ERIC and at its statutory seat.
   3.   This Decision shall enter into force on the third day following its publication in the Official Journal of the European Union.
   4.   It shall be binding in its entirety and directly applicable in all Member States.

      Done at Brussels, 17 March 2011.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 206, 8.8.2009, p. 1.

      (2)  OJ L 347, 11.12.2006, p. 1.

      (3)  OJ L 76, 23.3.1992, p. 1.

      ANNEX

         STATUTES OF THE SHARE-ERIC

         Concerning the Building Up and Operation of the Survey of Health, Ageing and Retirement in Europe (SHARE)

         Content

                  Article 1:

               Establishment of a SHARE-ERIC

                  Article 2:

               Statutory Seat and Working Language

                  Article 3:

               Tasks

                  Article 4:

               Principles

                  Article 5:

               Organs of the Organisation and Scientific Partner Institutions

                  Article 6:

               The Council

                  Article 7:

               The Management Board

                  Article 8:

               Coverage

                  Article 9:

               Contributions

                  Article 10:

               Liability and Insurance

                  Article 11:

               Intellectual Property

                  Article 12:

               Dissemination and Use of the SHARE Data

                  Article 13:

               Procurement and Tax Exemptions

                  Article 14:

               Employment

                  Article 15:

               Amendments

                  Article 16:

               Accession

                  Article 17:

               Duration of the Organisation

                  Article 18:

               Availability of these Statutes

                  Annex 1:

               Scientific Partner Institutions and Country Team Leaders

                  Annex 2:

               Scientific Monitoring Board

                  Annex 3:

               Estimated Survey and Operating Costs

                  Annex 4:

               Restricted Procurement Procedure
            The Republic of Austria
      The Kingdom of Belgium
      The Czech Republic
      The Federal Republic of Germany
      The Kingdom of the Netherlands
      Hereinafter referred to as ‘the Contracting Parties’,
      DESIRING to further strengthen Europe’s and the Contracting Party countries’ position in research in the world, and to intensify scientific cooperation across disciplinary and national boundaries;
      CONSIDERING a report by the European Commission to the European Council of 2001(Council Document 6997/01) which identifies population ageing and its social and economic challenges to growth and prosperity to be among the most pressing challenges of the 21st century in Europe, which points out serious infrastructure gaps in understanding individual and population ageing, and which then calls to ‘examine the possibility of establishing, in cooperation with Member States, a European Longitudinal Ageing Survey’ in order to foster European research on ageing;
      BUILDING on the current prototype of a Survey of Health, Ageing and Retirement in Europe (SHARE) which has been selected by the ESFRI roadmap process to be upgraded as one of the central research infrastructures of the European Research Area;
      RECOGNISING that this new interdisciplinary, international, and longitudinal survey with unprecedented quality regarding coherence, breadth and international comparability will in the future be of great significance in many different fields of fundamental and applied sciences such as demography, economics, epidemiology, gerontology, biology, medicine, psychology, public health, health policy, sociology and statistics;
      RECOGNISING that evidence-based public policy making requires an up-to-date data infrastructure;
      EXPECTING other countries to participate in the activities undertaken together under the following Statutes;
      HAVE AGREED AS FOLLOWS:
      Article 1
      Establishment of a SHARE-ERIC
      (1)   There shall be a distributed European Research Infrastructure called the Survey of Health, Ageing and Retirement in Europe (SHARE).
      (2)   SHARE shall have the legal form of a European Research Infrastructure Consortium (ERIC) incorporated under the provision of Regulation (EC) No 723/2009 and be named ‘SHARE-ERIC’ (hereafter also referred to as ‘the Organisation’).
      Article 2
      Statutory Seat and Working Language
      (1)   The Statutory Seat of the Organisation shall be in Tilburg, the Netherlands.
      (2)   The Contracting Parties agree to initiate, as soon as the necessary declaration according to Article 5(1)(d) of Regulation (EC) No 723/2009 is provided by the German authorities, an amendment of the Statutes in order to transfer the Statutory Seat to Germany. Such amendment shall not enter into force before the end of Phase I as defined in Article 8.
      (3)   The working language of the Organisation shall be English.
      Article 3
      Tasks
      (1)   SHARE-ERIC shall build an infrastructure of micro data of households and individuals necessary to understand individual and societal ageing (hereinafter also referred to as ‘the Survey’). Its main tasks are:

                  (a)

                  to design a core survey instrument which captures the essential information on the economic, health, and family/social conditions of life of individuals aged 50 and older and their partners;

                  (b)

                  to administer this survey instrument every two years to a panel of respondents in each participating countries and to maintain contact to all panel members between panel waves;

                  (c)

                  to assemble the collected information in a user-friendly data base accessible to all scientific researchers subject to applicable data confidentiality restrictions and to maintain this data base including basic data cleaning, imputation, and documentation.

            (2)   The current prototype of SHARE shall be upgraded along three dimensions:

                  (a)

                  prolong SHARE over time in order to generate a genuine panel that follows individuals as they age and react to the changes in the social and economic environment. The upgrade will add seven further waves every two years in three phases as defined in Article 8;

                  (b)

                  expand SHARE to include all EU Member States;

                  (c)

                  increase sample size of SHARE in order to make the Survey usable also for with-in-country analyses. In general, the target sample size shall be 6 000 individuals aged 50 and older in each member country.

            (3)   The SHARE-ERIC shall pursue its tasks on a non-economic basis.
      Article 4
      Principles
      (1)   SHARE shall be designed by researchers for researchers. Excellence in research is paramount to all other considerations. The scientific excellence of SHARE shall be monitored by an independent Scientific Monitoring Board (Annex 2).
      (2)   SHARE shall be a supranational survey. Cross-national comparability within SHARE shall govern all design decisions. In addition, comparability with its sister surveys, notably the U.S. Health and Retirement Study and the English Longitudinal Study of Ageing, shall inform the design decisions of SHARE. Topics with supranational research potential shall have priority over topics applicable to single countries.
      (3)   SHARE shall integrate economics, health, and social science. Topics with interdisciplinary research potential shall have priority over topics applicable to single disciplines.
      (4)   SHARE shall be a longitudinal survey, following individuals as they age. Topics with longitudinal research potential shall have priority over topics applicable to single points in time.
      (5)   Research based on SHARE shall facilitate evidence-based EU policies, such as the Europe 2020 Innovation Union Initiative, to help meeting the challenges of population ageing in all countries of the EU.
      Article 5
      Organs of the Organisation and Scientific Partner Institutions
      (1)   The organs of the Organisation shall be the General Assembly, hereinafter referred to as ‘the Council’ (Article 6), and the Management Board (Article 7).
      (2)   Upon proposition of the Management Board and in view of the Principles laid down in Article 4, each Contracting Party shall select a research institution which is responsible for carrying out the scientific tasks of the SHARE-ERIC in its country (hereinafter referred to as ‘Scientific Partner Institution’).
      (3)   If the Principles laid down in Article 4 are violated by one of the Scientific Partner Institutions, the Contracting Party may replace the Scientific Partner Institution upon proposition of the Management Board.
      (4)   The Management Board shall seek the advice of the Scientific Monitoring Board (Annex 2) when proposing or replacing a Scientific Partner Institution.
      (5)   The current Scientific Partner Institutions are listed in Annex 1.
      Article 6
      The Council
      (1)   Each Contracting Party shall be represented in the Council by up to two delegates. Delegates to the Council shall be appointed and have their appointments terminated by the Contracting Party. Each Contracting Party shall inform the Chairperson of the Council in writing of any appointment or termination of appointments of its delegates to the Council without undue delay.
      (2)   Each Contracting Party has one single vote in the Council. Decisions shall be taken by simple majority voting unless otherwise determined in these Statutes. In case of a tie, the vote of the Host Country shall break that tie.
      (3)   The Council shall elect a Chairperson and a Vice-Chairperson from the delegations of the Contracting Parties for a period of two years. With their election the Chairperson and Vice-Chairperson become supra partes and leave their delegations. The Contracting Parties affected by these departures appoint another delegate to represent them in the Council.
      (4)   The Council meets at least once a year. Meetings of the Council shall be convened by the Chairperson of the Council. Meetings of the Council shall also be convened at the request of at least two Contracting Parties. Extraordinary meetings of the Council may also be convened at the request of the Coordinator (Article 7) if it is required in the interest of the Organisation.
      (5)   The Council receives and approves the annual report, the financial statement and the annual spending plan submitted by the Management Board. The Council shall review at least annually the actual and forecasted survey and operating costs. The Council acting unanimously may approve a modification of the contribution to those other common costs in the annual spending plan that are not covered by any other funding source (Article 9(5)).
      (6)   The Council receives and acknowledges the annual activity plan which contains the broad scientific aims of SHARE, the survey emphasis of the next wave, the certification process and the survey and dissemination schedule. Every two years, it receives a report by the Scientific Monitoring Board.
      (7)   The Council elects with a qualified vote (at least two-thirds of the Contracting Parties) the Coordinator, the Area Coordinators and other members of the Management Board according to Article 7 upon nomination by the Scientific Partner Institutions.
      (8)   Countries that have committed to SHARE-ERIC through signing the Memorandum of Understanding on Preparing the Survey of Health, Ageing and Retirement in Europe (15 July 2009) may become non-voting members of the Council as observers until they have acceded to SHARE-ERIC according to Article 16.
      Article 7
      The Management Board
      (1)   The Management Board is composed of up to six members, including:

                  (a)

                  the Director of SHARE (herein referred to as ‘the Coordinator’);

                  (b)

                  three Area Coordinators representing the three scientific areas of SHARE (economics, health, and social/family networks);

                  (c)

                  if appropriate, other scientists representing an important scientific field or an important operational centre of SHARE.

            (2)   Members of the Management Board must be internationally reputable researchers with experience in research on ageing and/or survey management.
      (3)   The Management Board proposes all strategic and budgetary decisions to the Council. It is responsible for all financial and governance processes which maintain scientific integrity, cross-national comparability, and an overall balance of the SHARE survey design. Specifically, it is accountable for the SHARE-ERIC’s finances and deliverables, and for observing legal requirements such as data confidentiality and safety regulations at the European level.
      (4)   The Management Board provides an annual report on the state of the Survey to the Council, proposes an annual spending and activity plan to the Council, and prepares the financial statement.
      (5)   The Coordinator leads the Management Board and is the legal representative of the SHARE-ERIC. The Coordinator is responsible for implementing the Survey and for maintaining the same high methodological standards in all participating countries.
      (6)   The Area Coordinators are responsible for the scientific excellence of the Survey in their respective scientific areas. Specifically, they are responsible for the questionnaire design in their respective areas and for the integrity of the data delivered to the scientific public.
      (7)   The Management Board shall seek advice of outside experts and establish a Board of scientists who give advice in all scientific matters (the ‘Scientific Monitoring Board’). Such Board shall be independent from the Organisation (Annex 2).
      (8)   Relations between the Management Board and the Scientific Partner Institutions shall be governed by a consortium agreement.
      Article 8
      Coverage
      (1)   The Organisation shall cover a survey period of seven panel waves divided into three phases:

                  (a)

                  During Phase I the Organisation shall conduct an initial full-scale survey wave in 2010 and 2011 based on the design developed in the preparatory phase.

                  (b)

                  During Phase II the Organisation shall conduct three additional full-scale survey waves in years 2012/13, 2014/15 and 2016/17, update the design to maintain state-of-the-art, and disseminate the data.

                  (c)

                  Upon successful scientific evaluation, the Organisation shall conduct during Phase III another three full-scale survey waves in years 2018/19, 2020/21 and 2022/23, update the design to maintain state-of-the-art, and disseminate the data.

            Article 9
      Contributions
      (1)   Contributions by the Contracting Parties shall cover the costs of running the seven waves of the Survey in each country plus coordination and common costs such as the costs for updating the design, disseminating the data associated with the seven waves of data collection, and budgets for the Coordinator, the Area Coordinators, and the Scientific Monitoring Board.
      (2)   Contributions by the Contracting Parties shall cover four types of costs: (A) survey costs in each country, (B) operating costs to run the survey in each country, (C) coordination costs, and (D) other common costs to the extent that these costs are not covered by other funding sources. A table showing preliminary estimates of these costs during Phase I is attached as Annex 3.
      (3)   Each Contracting Party shall make available to the SHARE-ERIC, either directly or through the Scientific Partner Institution for which it is responsible, funds covering the Country’s share of the survey costs (Column A of the preliminary estimates in Annex 3).
      (4)   Each Contracting Party shall make available to the Scientific Partner Institution for which it is responsible funds covering the Country’s share of the operating costs (Column B of the preliminary estimates in Annex 3).
      (5)   The Federal Republic of Germany shall finance the coordination costs of the Survey (Column C of the preliminary estimates in Annex 3).
      (6)   Each Contracting Party shall make contributions to the SHARE-ERIC for the part of the other common costs of the Survey that is not covered by any other funding source. Each Contracting Party’s share shall be in proportion to the gross national income per capita most recently reported by Eurostat with the proviso that no Contracting Party’s share shall be smaller than 0,5 times and larger than 1,5 times the average share. The composition of the other common costs shall be detailed in the annual spending plan (Column D of the preliminary estimates in Annex 3).
      (7)   The SHARE-ERIC or the Scientific Partner Institutions, as a consortium, may react to calls from the European Commission, the U.S. National Institute on Aging, and other supranational and national funding organisations providing funds for the project as a whole, among those parts or all of the common costs mentioned in Column D, Annex 3.
      Article 10
      Liability and Insurance
      (1)   The financial liability of the members for the debts of the ERIC shall be limited to their respective contributions provided to the SHARE-ERIC and agreed upon in the annual spending plans.
      (2)   The SHARE-ERIC shall take appropriate measures to insure the risks specific to building up and operating a survey.
      Article 11
      Intellectual Property
      (1)   In accordance with the objects of the present Statutes the term ‘Intellectual Property’ will be understood according to Article 2 of the Convention Establishing the World Intellectual Property Organisation signed on 14 July 1967.
      (2)   The SHARE-ERIC is the owner of the Survey and of all intellectual property rights emanating from setting up the Survey.
      (3)   With respect to questions of Intellectual Property, the relations between the Contracting Parties will be governed by the national legislation of the Contracting Parties.
      Article 12
      Dissemination and Use of the SHARE Data
      (1)   The SHARE-ERIC shall disseminate the collected data after data cleaning, imputation, and documentation without delay to the scientific community.
      (2)   Use of the SHARE data shall be free of charge to the entire scientific community. The Management Board shall set up a Users’ Council representing the interest of the scientific user community taking into account the advice of the Scientific Monitoring Board.
      (3)   Use and collection of the SHARE data is subject to European and national laws of data privacy. Use of the SHARE data by users who are not subject to EU legislation shall be conditional on signing a declaration of data confidentiality according to the form provided by the European Commission (OJ L 6, 10.1.2002, p. 52).
      Article 13
      Procurement and Tax Exemptions
      (1)   The SHARE-ERIC shall treat procurement candidates and tenderers equally and in a non-discriminatory way, independent of whether or not they are based in the European Union. All procurement shall follow the principles of transparency, non-discrimination and competition.
      (2)   In general, procurement by the SHARE-ERIC shall be subject to Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (1), with the thresholds amended by Commission Regulation (EC) No 1422/2007 (2) or any further amendments, and the national procurement regulations which apply.
      (3)   For the procurement of survey research and survey development services where the benefits accrue to the entire scientific community and which are wholly remunerated by the SHARE-ERIC, Article 16(f) of Directive 2004/18/EC shall be applied through a restricted procedure (Annex 4). In such restricted procedures, negotiated procedures with publication of a contract notice and in the competitive dialogue procedure, contracting authorities may limit the number of suitable candidates they will invite to tender, to negotiate or to conduct a dialogue with, provided a sufficient number of suitable candidates is available.
      (4)   Tax exemptions following from Directive 2006/112/EC shall be limited to the value added taxes for such survey research and survey development goods and services which are for official use, exceed the value of EUR 250, benefit the entire scientific community, and are wholly remunerated by the SHARE-ERIC. No further limits apply.
      Article 14
      Employment
      (1)   The SHARE-ERIC is an equal opportunity employer. Employment contracts shall follow the national laws of the country in which the staff is employed.
      (2)   Subject to the requirements of national legislation, each Contracting Party shall within its jurisdiction facilitate the movement and residence of nationals of the Contracting Party countries involved in the tasks of the SHARE-ERIC and of the family members of such nationals.
      Article 15
      Amendments
      (1)   The Council shall have the power to change these Statutes and its annexes by a qualified vote. A two thirds majority shall be required to amend any of these articles and annexes. The date of any amendments shall be recorded in these Statutes.
      (2)   The Statutes of the SHARE-ERIC shall at all times comply with Regulation (EC) No 723/2009 on the Community legal framework for a European Research Infrastructure and all other applicable European Laws and Regulations.
      Article 16
      Accession
      (1)   After the entry into force of these Statutes, any Government may accede thereto with the consent of two thirds of the Contracting Parties in the Council upon the conditions negotiated. The conditions of accession shall be the subject of an agreement between the Contracting Parties and the acceding Government or group of Governments.
      (2)   Upon proposition of the Management Board and in view of the Principles laid down in Article 4, the accessing Contracting Party shall select a research institution which is responsible for carrying out the scientific tasks of the SHARE-ERIC in this country.
      (3)   The Management Board shall seek the advice of the Scientific Monitoring Board when proposing a Scientific Partner Institution.
      Article 17
      Duration of the Organisation
      (1)   The Organisation is set up for a period up to 31 December 2024. It shall include Phases I, II and III as defined in Article 8.
      (2)   A Contracting Party may withdraw from the Organisation after Phase I or Phase II.
      (3)   A motion, specifying the procedure and timeframe, if approved by the Council by a two thirds majority, can wind up the Organisation, in particular if the decision not to pursue the Phase III is taken by the Organisation.
      (4)   The European Commission shall be notified of any such decision within 10 days of it being made, pursuant with Article 16 of Regulation (EC) No 723/2009.
      Article 18
      Availability of these Statutes
      These Statutes shall be made publicly available through the SHARE-ERIC website, pursuant with Article 10 of Regulation (EC) No 723/2009.

         (1)  OJ L 134, 30.4.2004, p. 114.

         (2)  OJ L 317, 5.12.2007, p. 34.

         ANNEX 1

            SCIENTIFIC PARTNER INSTITUTIONS AND COUNTRY TEAM LEADERS

                     Country

                     Participating Organisations

                     Short description

                     Austria

                     University of Linz, Dept. of Economics

                     The Department of Economics at the University of Linz directs the Austrian participation in the SHARE project. Its research focus being is labour economics, public economics and problems of pension reform as well environmental economics. It will be represented by the Rudolf Winter-Ebmer, Professor of Economics and specialist in empirical labour economics.

                     Belgium

                     University of Antwerp, CSP

                     CSP’s principal objective has been to study the adequacy of social policies. Its research is mainly based on large-scale socioeconomic surveys of households. Karel van den Bosch, senior researcher, will lead the Belgian country team.

                     Belgium

                     University of Liège, CREPP

                     CREPP’s main fields of specialisation are social security, retirement behaviour, and well-being among the elderly and intergenerational transfers. Sergio Perelman is in charge of the SHARE project coordination in the Belgian French speaking community.

                     Czech Rep.

                     CERGE-EI, Prague

                     CERGE-EI is fully accredited in both the United States and the Czech Republic. Its main expertise is in social, economic and political transition in the Central and Eastern European countries and in the former Soviet Union region. Radim Bohacek will lead the Czech country team.

                     Germany

                     University of Mannheim, Mannheim Res. Inst. for the Economics of Aging (MEA)

                     MEA is a world-renowned centre of excellence for the economics of ageing. Research areas are savings, social insurance and public policy; macroeconomic implications of population ageing; and public health. MEA is represented by Axel Börsch-Supan, director, who has coordinated the SHARE family of projects.

                     The Netherlands

                     University of Tilburg,
                     Netspar

                     Netspar is a scientific Network for studies on Pensions, Aging and Retirement connected to the Faculty of Economics and Business Administration of Tilburg University. Its general director, Frank van der Duyn Schouten, will lead the Dutch SHARE country team.

         ANNEX 2

            SCIENTIFIC MONITORING BOARD

         Article 1
         Establishment
         The Management Board will constitute an advisory board of at least six eminent, independent and experienced scientists (hereinafter referred to as ‘the Scientific Monitoring Board’) to provide an external advising role for the benefit of the Survey so as to check the quality of the work of the research consortium and to provide periodic advice to the Council and the research consortium.
         Article 2
         Independence
         The Scientific Monitoring Board shall be independent from the SHARE-ERIC.
         Article 3
         Tasks
         (1)   The main task of the Scientific Monitoring Board is to monitor the scientific quality of SHARE. It should give feedback to the Management Board and the research consortium at least once per year.
         (2)   Every two years, the Scientific Monitoring Board shall issue a written report to the Council of the SHARE-ERIC. This report shall also assess the services offered to the users of the SHARE data.
         (3)   Initially and after about three years, the Scientific Monitoring Board shall set up a thorough review of the scientific strategy of SHARE, thereby exploring innovative fields and modes of data collection.
         Article 4
         Members
         (1)   The members of the Scientific Monitoring Board select new members as they feel appropriate to sufficiently represent all scientific areas covered by SHARE.
         (2)   At least one member shall be an investigator of the English Longitudinal Study of Ageing to ensure close cooperation with this survey and to give additional advice and guidance from their experience.
         (3)   At least one member shall be an investigator of the U.S. Health and Retirement Study to ensure close cooperation with this survey and to give additional advice and guidance from their experience.
         (4)   The current chairperson of the Scientific Monitoring Board is Arie Kapteyn.
         (5)   The other current members and the fields they are representing are

                     Orazio Attanasio (income, consumption, savings)

                     Lisa Berkman (social epidemiology and biomarkers)

                     Nicholas Christakis (medical sociology and administrative data)

                     Mick Couper (survey methods, data dissemination methods, and new technology)

                     Michael Hurd (savings and health, data access and quality; harmonisation with HRS)

                     Daniel McFadden (survey methodology)

                     Norbert Schwarz (survey psychology and data access methodology)

                     Andrew Steptoe (biomarkers, harmonisation with ELSA)

               Article 5
         Budget
         (1)   The chairperson of the Scientific Monitoring Board receives a budget according to Article 9(1) of the Statutes of the SHARE-ERIC for travel expenses and honoraria of Board’s members. The Chairperson of the Scientific Monitoring Board has full discretion how to spend the budget.
         (2)   The current annual budget is EUR 30 000. The technical administration of the budget obliges to the staff of the Management Board.

         ANNEX 3

            PRELIMINARY COST ESTIMATES DURING PHASE I (WAVE 4)

         This Annex gives preliminary cost estimates for running wave 4 of SHARE in 2010 and 2011, i.e., during Phase I according to Article 8(1). The cost categories refer to Article 9 (‘Contributions’). This Annex is not the annual spending plan required by Article 6(5) but serves as a starting point for such a plan which will be set up by the Management Board once the SHARE-ERIC is established.
         (A): Preliminary estimates of survey cost estimates have been generated by the SHARE management team based on the 2006 and 2008 survey costs. For new countries, preliminary estimates are based on the costs in comparable countries.
         (B): Preliminary estimates of operating costs are based on two full-time-equivalent staff in each country with salaries according to the EU Marie-Curie-Programme and estimates of travel, subsistence and overhead costs in each country based on the 2006 and 2008 waves.
         Preliminary operating cost estimates for Austria, the Czech Republic, France, Germany and Poland were supplied by these countries. Their estimated operating costs may involve more or less personnel than assumed in the estimates provided by the SHARE management.
         (C): Coordination costs for Germany have been estimated based on the 2006 and 2008 waves.
         (D): The countries’ contribution to all other common costs have been estimated based on the 2006 and 2008 waves and allocated to each country according to Article 9(5). They may, however, be substantially lower or even zero if other funding organisations such as the European Commission or the U.S. National Institute on Aging contribute to these costs via grants or separate contracts.

            Estimated costs for wave 4 (2010-11) by country and source

                     (in thousand EUR)

                     (Α)
                     Survey costs for a sample of 6 000 individuals

                     (B)
                     Operating costs (staff, travel, and overheads)

                     (C)
                     Coordination costs

                     (D)
                     Maximum share of other common costs

                     Total

                        Austria

                     1 006

                     322

                     109

                        1 438

                        Belgium

                     778

                     318

                     99

                        1 194

                        Czechia

                     338

                     167

                     71

                        576

                        Denmark

                     892

                     409

                     105

                        1 406

                        Estonia

                     460

                     243

                     59

                        761

                        France

                     1 024

                     327

                     97

                        1 448

                        Germany

                     784

                     314

                     1 887

                     102

                        3 087

                        Greece

                     602

                     285

                     84

                        971

                        Hungary

                     460

                     243

                     55

                        758

                        Ireland

                     1 024

                     339

                     126

                        1 490

                        Israel

                     602

                     285

                     79

                        966

                        Italy

                     782

                     322

                     88

                        1 191

                        Luxembourg

                     1 556

                     358

                     145

                        2 059

                        Netherlands

                     794

                     314

                     117

                        1 224

                        Poland

                     453

                     226

                     50

                        730

                        Portugal

                     602

                     285

                     66

                        953

                        Slovenia

                     460

                     243

                     79

                        781

                        Spain

                     786

                     300

                     91

                        1 177

                        Sweden

                     1 024

                     339

                     107

                        1 471

                        Switzerland

                     1 556

                     358

                     122

                        2 036

                        TOTAL

                        15 983

                        5 997

                        1 887

                        1 851

                        25 719

         ANNEX 4

            RESTRICTED PROCUREMENT PROCEDURE

         The following restricted procurement procedure shall be applied to all survey research and survey development services where the benefits accrue to the entire scientific community and which are wholly remunerated by the SHARE-ERIC.
         Survey research and survey development services include those research and development services that are necessary to maintain and advance the state of the art in survey technology. They include, but are not confined to, the development of survey software, research on survey methodology, and the development of innovative interview techniques and their application in the field.
         The description of the services to be procured shall be made publicly available in a contract notice before the beginning of the procurement process. The contracting parties shall indicate in such notice the objective and non-discriminatory criteria or rules they intend to apply, the minimum number of candidates they intend to invite and, where appropriate, the maximum number.
         Competition can be limited to three potential providers. If there are three or less providers in the market for the services to be contracted, all providers in the market must be included in the competition.
         The selection among bidders shall be based on the lowest offer price and the highest service quality. Service quality shall be defined by the description in (1).


Avis juridique important

|

31994D0954

94/954/EC: Commission Decision of 21 December 1994 amending Decision 78/45/EEC as regards the number of Scientific Committee on Cosmetology members (Text with EEA relevance)

Official Journal L 371 , 31/12/1994 P. 0015 - 0015 Finnish special edition: Chapter 13 Volume 29 P. 0282  Swedish special edition: Chapter 13 Volume 29 P. 0282

COMMISSION DECISION of 21 December 1994 amending Decision 78/45/EEC as regards the number of Scientific Committee on Cosmetology members (Text with EEA relevance) (94/954/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community,  Having regard to Commission Decision 78/45/EEC of 19 December 1977 (1), as amended by Directive 89/156/EEC (2), establishing a Scientific Committee on Cosmetology, and in particular Article 4 thereof,  Having regard to the Act of Accession of Norway, Austria, Finland and Sweden, and in particular Article 169 thereof,  Whereas Decision 78/45/EEC specifies that the Committee shall consist of not more than 18 members; whereas the enlargements of the Community since the establishment of the Committee and the increase in the Committee's workload make it necessary to  provide for an increase in the maximum number of members specified in the above text;  Whereas the Decision concerned therefore needs to be amended,  HAS DECIDED AS FOLLOWS:   Article 1  In Article 3 of Decision 78/45/EEC, '18 members' is hereby replaced by '21 members'.   Article 2  This Decision shall enter into force subject to, and on the date of, the entry into force of the Treaty of Accession of Norway, Austria, Finland and Sweden.  Done at Brussels, 21 December 1994.  For the Commission Christiane SCRIVENER Member of the Commission  (1) OJ No L 13, 17. 1. 1978, p. 24.(2) OJ No L 59, 2. 3. 1989, p. 37.


title: Commission Decision (EU) 2015/1603 of 13 August 2015 on a measure taken by Spain in accordance with Article 7 of Council Directive 89/686/EEC withdrawing from the market a type of buoyant aids for swimming instructions

text:
               24.9.2015

               EN

               Official Journal of the European Union

               L 248/99

         COMMISSION DECISION (EU) 2015/1603
   of 13 August 2015
   on a measure taken by Spain in accordance with Article 7 of Council Directive 89/686/EEC withdrawing from the market a type of buoyant aids for swimming instructions
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 89/686/EEC of 21 December 1989 on the approximation of the laws of the Member States relating to personal protective equipment (1), and in particular Article 7 thereof,
   Whereas:

               (1)

               The Spanish authorities notified to the Commission and to the other Member States a measure of withdrawal from the market relating to buoyant aids for swimming instructions type Delphin Schwimmscheiben- Typ Super, manufactured by Delphin Vertriebs- und Service GmbH, D-61192 Niddatal, Germany. The product bore the CE marking in accordance with Directive 89/686/EEC, having been tested and type-examined in accordance with the harmonised standard EN 13138-1:2008 Buoyant aids for swimming instruction — Part 1: Safety requirements and test methods for buoyant aids to be worn by the German Notified Body TÜV Rheinland LGA Products GmbH (NB 0197). The product is considered personal protective equipment classified in category II.

               (2)

               The notification followed an accident report: after a swimming session, when parents were gathering their belongings before going home, a child bit one of the discs, detaching and swallowing a small piece of it, being necessary medical assistance and hospitalisation.

               (3)

               The Spanish authorities ordered the withdrawal of the product from the market. The measure was motivated by the unsatisfactory application of the standards referred to in Article 5 of Directive 89/686/EEC, in particular the harmonised standard EN 13138-1:2008 Buoyant aids for swimming instruction — Part 1: Safety requirements and test methods for buoyant aids to be worn, clause 5.4.2 Small parts, related to the basic health and safety requirement of point 1.2.1 of Annex II to Directive 89/686/EEC, Absence of risks and other ‘inherent’ nuisance factors. Clause 5.4.2 of standard EN 13138-1 requires that attached small parts withstand a pull of (90 ± 2) N in the direction most likely to cause failure without becoming detached from the device. Parts which can become detached should not fit wholly into the small parts cylinder, the testing of which is to be in accordance with standard EN 71-1.

               (4)

               The Spanish authorities indicated that, after carrying out tensile tests in accordance with the harmonised standard EN 13138-1:2008, it was revealed that small parts can be detached from the product, and swallowed by small children for which the product is intended. The level of pull where such small parts were detached resulted always less than 90 N and fit wholly into the small parts cylinder. The Spanish authorities considered that clause 5.4.2 of that standard is not limited to test only attached small parts, but small parts in general. They used a ‘bite tester’ equipment according to the tests defined in standards EN 12227:2010 Playpens for domestic use — Safety requirements and test methods and EN 716-2:2008 Furniture — Children's cots and folding cots for domestic use — Part 2: Test methods.

               (5)

               The German authorities did not agree with the risk assessment carried out by the Spanish authorities, considering that the test method used was not compatible with the practical use of the equipment. In their opinion, clause 5.4.2 of standard EN 13138-1 only covers attached small parts. The German authorities argued that the product does not present any serious risk, since it is not a toy and the risk scenario, as described by the Spanish authorities, would be unrealistic.

               (6)

               The manufacturer also questioned the test method used by the Spanish authorities. In the EC type-examination of the product, the notified body did not perform a test in accordance with clause 5.4.2 of standard EN 13138-1 with the remark that the product does not have any attached small parts.

               (7)

               After the notification, the manufacturer asked the notified body to perform an additional tensile test in accordance with clause 8.5.2.2 of standard EN 1888:2012 Child care articles — Wheeled child conveyances — Safety requirements and test methods, using the ‘bite tester’ described in clause 5.7 of that standard, identical to the ‘bite tester’ described in standards EN 716-2 and EN 12227. No small parts could be generated from the body of the product. Furthermore, the Notified Body carried out a follow-up test which showed that no parts came loose when the device was subjected to a tensile force of 90N, a test resembling the test method for small parts in standard EN 71-1 Safety of toys — Part 1: Mechanical and physical properties.

               (8)

               The Commission sought expert technical assistance in order to assess the main questions involved in the case. An external study was carried out by technical experts which concluded that testing with only attached small parts is enough to demonstrate compliance with the basic health and safety requirement set out in point 1.2.1 of Annex II to Directive 89/686/EEC.

               (9)

               The standard EN 13138-1 does not provide for a clear test method for testing attached small parts. In view of this ambiguity, a choice had to be made amongst appropriate available test method, taking into consideration the nature of the product. The Spanish authorities applied the test method they found the most appropriate to assess the risks posed the product. The technical experts, nevertheless, concluded that the test method applied by the Spanish authorities was not appropriate.

               (10)

               The tensile test carried out by the German notified body can be considered as the only relevant test method in the present case. Therefore, the EC-type examination test method is valid and the EC-type examination assessment granted by the notified body was made correctly.

               (11)

               According to the available statistics on inherent swimming aids on the market and accidents, the conclusion can be drawn that swimming aids made of inherent material do not pose any particular risks of chocking when used in accordance with their intended purpose and under their foreseeable conditions of use. These products are meant to be used only in the water,

         HAS ADOPTED THIS DECISION:
   Article 1
   The measure taken by the Spanish authorities withdrawing from the market the buoyant aids for swimming instructions type Delphin Schwimmscheiben- Typ Super, manufactured by Delphin Vertriebs- und Service GmbH, D-61192 Niddatal, Germany, is not justified.
   Article 2
   This Decision is addressed to the Member States.

      Done at Brussels, 13 August 2015.

            For the Commission

         Elżbieta BIEŃKOWSKA

            Member of the Commission

      (1)  OJ L 399, 30.12.1989, p. 18.


title: Council Decision 2004/811/CFSP of 5 July 2004 concerning the conclusion of the Agreement between the European Union and the Kingdom of Norway on the participation of the Kingdom of Norway in the European Union Police Mission (EUPOL ‘Proxima’) in the former Yugoslav Republic of Macedonia

text:
               30.11.2004

               EN

               Official Journal of the European Union

               L 354/85

         COUNCIL DECISION 2004/811/CFSP
   of 5 July 2004
   concerning the conclusion of the Agreement between the European Union and the Kingdom of Norway on the participation of the Kingdom of Norway in the European Union Police Mission (EUPOL ‘Proxima’) in the former Yugoslav Republic of Macedonia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               On 29 September 2003 the Council adopted Joint Action 2003/681/CFSP on the European Union Police Mission (EUPOL ‘Proxima’) in the former Yugoslav Republic of Macedonia (1).

               (2)

               Article 9(6) of that Joint Action provides that detailed arrangements regarding the participation of third countries shall be the subject of an agreement, in conformity with Article 24 of the Treaty on European Union.

               (3)

               Following the Council Decision of 2 March 2004 authorising the Presidency, assisted where necessary by the Secretary-General/High Representative to open negotiations, the Presidency negotiated an agreement with the Kingdom of Norway on the participation of the Kingdom of Norway in the European Union Police Mission (EUPOL ‘Proxima’) in the former Yugoslav Republic of Macedonia.

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the Kingdom of Norway on the participation of the Kingdom of Norway in the European Union Police Mission (EUPOL ‘Proxima’) in the former Yugoslav Republic of Macedonia is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the European Union.
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 5 July 2004.

            For the Council

            The President

         G. ZALM

      (1)  OJ L 249, 1.10.2003, p. 66.
   AGREEMENT
   between the European Union and the Kingdom of Norway on the participation of the Kingdom of Norway in the European Union Police Mission in the former Yugoslav Republic of Macedonia (EUPOL ‘Proxima’)
   THE EUROPEAN UNION,
   on the one hand, and
   THE KINGDOM OF NORWAY,
   on the other hand,
   together hereinafter referred to as the ‘Participating Parties’,
   TAKING INTO ACCOUNT:

               —

               the adoption by the Council of the European Union on 29 September 2003 of Joint Action 2003/681/CFSP on the European Union Police Mission in the Former Yugoslav Republic of Macedonia (EUPOL ‘Proxima’) (1), stating that Acceding States are invited and other third States may be invited to contribute to EUPOL ‘Proxima’,

               —

               the invitation to the Kingdom of Norway to participate in EUPOL ‘Proxima’,

               —

               the successful completion of the Force Generation process and the recommendation by the Police Head of Mission and the Committee for Civilian Aspects of Crisis Management to agree on the participation of the Kingdom of Norway in EUPOL ‘Proxima’,

               —

               the decision by the Political and Security Committee of 10 February 2004 to accept the contribution of the Kingdom of Norway to EUPOL ‘Proxima’,

               —

               the agreement concluded on 11 December 2003 between the EU and the Former Yugoslav Republic of Macedonia on the status and activities of EUPOL ‘Proxima’ in the Former Yugoslav Republic of Macedonia (2), including provisions on the status of the EUPOL ‘Proxima’ personnel,

         HAVE AGREED AS FOLLOWS:
   Article 1
   Framework
   1.   The Kingdom of Norway shall associate itself with the provisions of the Joint Action 2003/681/CFSP on EUPOL ‘Proxima’ adopted by the Council of the European Union on 29 September 2003, and with any Joint Action or Decision by which the Council of the European Union may decide to extend EUPOL ‘Proxima’.
   2.   The contribution of the Kingdom of Norway to EUPOL ‘Proxima’ is without prejudice to the decision-making autonomy of the European Union.
   Article 2
   Status of personnel
   1.   The status of personnel seconded to EUPOL ‘Proxima’ by the Kingdom of Norway shall be governed by the agreement concluded on 11 December 2003 between the EU and the former Yugoslav Republic of Macedonia on the status and activities of EUPOL ‘Proxima’ in the former Yugoslav Republic of Macedonia.
   2.   Without prejudice to the agreement between the EU and the former Yugoslav Republic of Macedonia on the status and activities of EUPOL ‘Proxima’ in the former Yugoslav Republic of Macedonia, the Kingdom of Norway shall exercise jurisdiction over its personnel participating in EUPOL ‘Proxima’.
   3.   The Kingdom of Norway shall be responsible for answering any claims linked to the participation in EUPOL ‘Proxima’, from or concerning any of its personnel. The Kingdom of Norway shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel.
   4.   The Kingdom of Norway shall waive all claims against any State participating in EUPOL ‘Proxima’, for injury, death of the Kingdom of Norway personnel, or damage to, or loss of, any assets owned by itself and used by EUPOL ‘Proxima’ if such injury, death, damage or loss:

               —

               was caused by EUPOL ‘Proxima’ personnel in the execution of their duties in connection with the operation, except in case of gross negligence or wilful misconduct,

               —

               or arose from the use of any assets owned by States participating in EUPOL ‘Proxima’, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EUPOL ‘Proxima’ personnel using those assets.

         5.   The European Union Member States undertake to make a declaration as regards the waiver of claims, for participation of the Kingdom of Norway in EUPOL ‘Proxima’.
   Article 3
   Classified information
   1.   The Kingdom of Norway shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council's security regulations, contained in the Council Decision 2001/264/EC of 19 March 2001 (3), and in accordance with further guidance issued by competent authorities, including by EUPOL ‘Proxima’ Head of Mission/Police Commissioner.
   2.   Where the EU and the Kingdom of Norway have concluded an agreement on security procedures for the exchange of classified information, the provisions of such an agreement shall apply in the context of EUPOL ‘Proxima’.
   Article 4
   Personnel seconded to EUPOL ‘Proxima’
   1.   The Kingdom of Norway shall ensure that its personnel seconded to EUPOL ‘Proxima’ undertake their mission in conformity with:

               —

               the provisions of Joint Action 2003/681/CFSP and subsequent amendments as referred to in Article 1(1) of this Agreement;

               —

               the Operation Plan;

               —

               Implementing measures.

         2.   The Kingdom of Norway shall inform in due time EUPOL ‘Proxima’ Head of Mission/Police Commissioner and the General Secretariat of the Council of the European Union of any change to its contribution to EUPOL ‘Proxima’.
   3.   Personnel seconded to EUPOL ‘Proxima’ shall undergo a medical examination, vaccination and be certified medically fit for duty by a competent authority from the Kingdom of Norway. Personnel seconded to EUPOL ‘Proxima’ shall produce a copy of this certification.
   4.   Seconded police officers shall work in their national police uniforms. Berets and insignia shall be provided by EUPOL ‘Proxima’.
   Article 5
   Chain of command
   1.   Personnel seconded by the Kingdom of Norway shall carry out their duties and conduct themselves solely with the interests of EUPOL ‘Proxima’ in mind.
   2.   All personnel shall remain under the full command of their national authorities.
   3.   National authorities shall transfer Operational Control (OPCON) to EUPOL ‘Proxima’ Head of Mission/Police Commissioner, who shall exercise that command and control through a hierarchical structure of command and control.
   4.   The Head of Mission/Police Commissioner shall lead EUPOL ‘Proxima’ and assume its day-to-day management.
   5.   The Kingdom of Norway shall have the same rights and obligations in terms of day-to-day management of the operation as European Union Member States taking part in the operation, in accordance with Article 9(4) of Joint Action 2003/681/CFSP.
   6.   EUPOL ‘Proxima’ Head of Mission/Police Commissioner shall be responsible for disciplinary control over operation personnel. Where required, disciplinary action shall be taken by the national authority concerned.
   7.   A national contingent point of contact (NPC) shall be appointed by the Kingdom of Norway to represent its national contingent in the operation. NPCs shall report to the EUPOL ‘Proxima’ Head of Mission/Police Commissioner on national matters and shall be responsible for day-to-day contingent discipline.
   8.   The decision to end the operation shall be taken by the European Union following consultation with the Kingdom of Norway, provided that this State is still contributing to EUPOL ‘Proxima’ at the date of termination of the operation.
   Article 6
   Financial aspects
   1.   The Kingdom of Norway shall assume all the costs associated with its participation in the operation apart from the costs, which are subject to EU common funding, as set out in the operational budget of the operation.
   2.   The Kingdom of Norway shall consider making contributions of a voluntary nature.
   3.   In case of such contributions of a voluntary nature, an arrangement on the practical modalities of the payment shall be signed between the EUPOL ‘Proxima’ Head of Mission/Police Commissioner and the relevant administrative services of the Kingdom of Norway on the contributions of the Kingdom of Norway to the operational budget of EUPOL ‘Proxima’. This arrangement shall, inter alia, include the following provisions:

               (a)

               the amount concerned;

               (b)

               the arrangements for payment of the financial contribution;

               (c)

               the auditing procedure.

         4.   In case of death, injury, loss or damage to natural or legal persons from the former Yugoslav Republic of Macedonia, the Kingdom of Norway shall, when its liability has been established, pay compensation under the conditions foreseen in the agreement on status of mission as referred to in Article 2(1) of the Agreement.
   Article 7
   Non-compliance
   Should one of the Parties fail to comply with its obligations laid down in the previous Articles, the other Party shall have the right to terminate this agreement by serving a notice of one month.
   Article 8
   Dispute settlement
   Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
   Article 9
   Entry into force
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.
   2.   This Agreement shall be provisionally applied from the date of signature.
   3.   This Agreement may be amended on the basis of mutual written agreement between the Parties.
   4.   This Agreement may be denounced by one Party by written notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt of notification by the other Party.

      Done at Brussels, 9 September 2004 in the English language in four copies.

            For the European Union

            For the Kingdom of Norway

      (1)  OJ L 249, 1.10.2003, p. 66.

      (2)  OJ L 16, 23.1.2004, p. 65.

      (3)  OJ L 101, 11.4.2001, p. 1.


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32003D0441

2003/441/EC: Council Decision of 2 June 2003 appointing a member of the Committee of the Regions

Official Journal L 150 , 18/06/2003 P. 0051 - 0051

Council Decisionof 2 June 2003appointing a member of the Committee of the Regions(2003/441/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the proposal from the Portuguese Government,Whereas:(1) On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions(1),(2) The seat of a member of the Committee of the Regions has become vacant following the death of Mr José VIEIRA de CARVALHO, of which the Council was notified on 6 February 2003,HAS DECIDED AS FOLLOWS:Sole ArticleMr Rui Fernando da SILVA RIO, Presidente da Câmara Municipal do Porto is hereby appointed a member of the Committee of the Regions in place of Mr José VIEIRA de CARVALHO, for the remainder of his term of office, which runs until 25 January 2006.Done at Luxembourg, 2 June 2003.For the CouncilThe PresidentK. Stefanis(1) OJ L 24, 26.1.2002, p. 38.


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32002D0409

2002/409/EC: Council Decision of 6 December 2001 concerning the conclusion of the Agreement between the European Community and Romania establishing certain conditions for the carriage of goods by road and the promotion of combined transport

Official Journal L 142 , 31/05/2002 P. 0074 - 0074

Council Decisionof 6 December 2001concerning the conclusion of the Agreement between the European Community and Romania establishing certain conditions for the carriage of goods by road and the promotion of combined transport(2002/409/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 71 and 93, in conjunction with the second subparagraph of Article 300(3) thereof,Having regard to the proposal from the Commission(1),Having regard to the assent of the European Parliament(2),Whereas:(1) The conclusion of the Agreement between the European Community and Romania establishing certain conditions for the carriage of goods by road and the promotion of combined transport (hereinafter "Agreement") provides an appropriate means for the further development of transport relations between the contracting parties.(2) The conclusion of the Agreement contributes to the smooth functioning of the internal market because it will promote transit traffic through Romania for internal transport between Greece and the other Member States and thus enable intra-Community trade to be conducted at the least possible cost to the public at large and to reduce to a minimum the administrative and technical obstacles which affect it.(3) The conclusion of the Agreement promotes combined transport, with a view to protecting the environment.(4) The Agreement should be approved on behalf of the Community,HAS DECIDED AS FOLLOWS:Article 1The Agreement between the European Community and Romania establishing certain conditions for the carriage of goods by road and the promotion of combined transport is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2The President of the Council shall give the notification provided for in Article 19 of the Agreement.Article 3The Commission, assisted by representatives of the members of the Council, shall represent the Community in the Community/Romania Transport Committee (hereinafter referred to as "the Committee") set up by Article 13 of the Agreement.The position to be taken by the Community within the Committee shall be adopted by the Council acting by a qualified majority on a proposal from the Commission. The Council shall act by simple majority when the decision which the Committee proposes to take relates to the Committee's rules of procedures.Decisions taken by the Committee shall be published in the Official Journal of the European Communities.Done at Brussels, 6 December 2001.For the CouncilThe PresidentR. Daems(1) OJ C 154 E, 29.3.2001, p. 227.(2) OJ C 72 E, 21.3.2002, p. 141.


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32003D0528(01)

Decision of the European Parliament, the Council and the Commission of 8 April 2003 renewing the term of office of the members of the Supervisory Committee of the European Anti-fraud Office (OLAF)

Official Journal C 126 , 28/05/2003 P. 0001 - 0002

Decision of the European Parliament, the Council and the Commissionof 8 April 2003renewing the term of office of the members of the Supervisory Committee of the European Anti-fraud Office (OLAF)(2003/C 126/01)THE EUROPEAN PARLIAMENT, THE COUNCIL OF THE EUROPEAN UNION AND THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to the Treaty establishing the European Atomic Energy Community,Having regard to Commission Decision 1999/352/EC, ECSC, Euratom of 28 April 1999 establishing the European Anti-fraud Office (OLAF)(1) and in particular Article 4 thereof,Having regard to European Parliament and Council Regulation (EC) No 1073/1999(2) and Council Regulation (Euratom) No 1074/1999(3) concerning investigations conducted by the European Anti-Fraud Office (OLAF), and in particular Article 11(2) thereof,Having regard to the Decision of the European Parliament, the Council and the Commission of 19 July 1999 appointing the members of the Supervisory Committee of the European Anti-Fraud Office (OLAF)(4),Having regard to the Decision of the European Parliament, the Council and the Commission of 4 April 2001 appointing a member of the Supervisory Committee of the European Anti-Fraud Office (OLAF)(5),Whereas:(1) Article 11(2) of Regulations (EC) No 1073/1999 and (Euratom) No 1074/1999 provides that the Supervisory Committee "shall be composed of five independent outside persons who possess the qualifications required for appointment in their respective countries to senior posts relating to the Office's areas of activity".(2) The term of office of the members of the Supervisory Committee expired on 31 July 2002.(3) The members of the Supervisory Committee continued to exercise their function upon the expiry of their term of office in accordance with Article 11(4) of the Regulations.(4) Their term of office is renewable once.(5) The term of office of the members du Supervisory Committee should be renewed.(6) Article 11(2) of the Regulations provides that the members of the Supervisory Committee shall be appointed by common accord of the European Parliament, the Council and the Commission.(7) The principle of continuity requires that the second term of office take effect on the day following the expiry of the first term,HAVE DECIDED AS FOLLOWS:Article 1The following are appointed members of the Supervisory Committee of the European Anti-fraud Office (OLAF) for a new term of three years:- Mr Edmondo BRUTI-LIBERATI;- Mr Alfredo José DE SOUSA;- Ms Mireille DELMAS-MARTY;- Mr Raymond KENDALL;- Mr Harald NOACK.Article 2The persons concerned shall be notified of this decision by the Commission.Article 3This decision shall have effect as from 1 August 2002.Article 4This decision shall be published in the Official Journal of the European Union.(1) JO L 136, 31.5.1999, p. 20.(2) JO L 136, 31.5.1999, p. 1.(3) JO L 136, 31.5.1999, p. 8.(4) JO C 220, 31.7.1999, p. 1.(5) JO C 120, 24.4.2001, p. 1.


title: 2008/522/EC: Decision of the European Parliament of 24 April 2007 on closing the accounts of the European Medicines Agency for the financial year 2005

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 187/133

      DECISION OF THE EUROPEAN PARLIAMENT

   of 24 April 2007
   on closing the accounts of the European Medicines Agency for the financial year 2005
   (2008/522/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Medicines Agency for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Medicines Agency for the financial year 2005, together with the Agency's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (4), and in particular Article 68 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0099/2007),

               1.

               Notes that the final annual accounts of the European Medicines Agency for the financial years 2004 and 2005 are as follows:
               Revenue and expenditure account for the financial years 2004 and 2005

                           (in EUR 1000)

                           2005

                           2004

                              Revenue

                           Fees relating to marketing authorisations

                           72 613

                           68 412

                           Commission subsidy including contributions received from the EE

                           22 847

                           20 529

                           Community subsidy for orphan medicines

                           6 110

                           4 026

                           Contributions for Community programmes

                           0

                           0

                           Administrative revenue

                           3 423

                           1 973

                           Sundry revenue

                           1 643

                           1 473

                              Total revenue (a)

                              106 636

                              96 413

                              Expenditure

                           Staff expenditure

                           40 057

                           34 333

                           Administrative expenditure

                           17 022

                           11 224

                           Operating expenditure

                           41 999

                           38 573

                           Depreciation

                           5 333

                           3 650

                           Other expenses

                           104

                           280

                              Total expenditure (b)

                              104 515

                              88 060

                              Operating result (c = a - b)

                              2 121

                              8 353

                              Financial result (e)

                           2 257

                           1 160

                              Economic outturn (f = c + e)

                              4 378

                              9 513

                              Source: The Agency's data — This table summarises the data provided by the Agency in its annual accounts;

               2.

               Approves closing the accounts of the European Medicines Agency for the financial year 2005;

               3.

               Instructs its President to forward this Decision to the executive director of the European Medicines Agency, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 266, 31.10.2006, p. 4.

      (2)  OJ C 312, 19.12.2006, p. 12.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 136, 30.4.2004, p. 1. Regulation as amended by Regulation (EC) No 1901/2006 (OJ L 378, 27.12.2006, p. 1).

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