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32004D0424(01)

Commission decision declaring that the measure in favour of Bankovní dům Skala, a.s./Union Banka, a.s., notified by the Czech Republic under the interim mechanism pursuant to Annex IV.3 of the Accession Act, is not applicable after accession (Text with EEA relevance)

Official Journal C 100 , 24/04/2004 P. 0023 - 0023

Commission decision declaring that the measure in favour of Bankovní dum Skala, a.s./Union Banka, a.s., notified by the Czech Republic under the interim mechanism pursuant to Annex IV.3 of the Accession Act, is not applicable after accession(2004/C 100/07)(Text with EEA relevance)Date of adoption of the decision: 3.3.2004Member State: The Czech RepublicAid No: CZ 57/03Title: Bankovní dum Skala, a.s./Union Banka, a.s.Objective: Aid to the banking sectorOther information: Commission decision declaring that the measure in favour of Bankovní dum Skala, a.s./Union Banka, a.s., notified by the Czech Republic under the interim mechanism pursuant to Annex IV.3 of the Accession Act, is not applicable after accessionThe authentic text(s) of the decision, from which all confidential information has been removed, can be found athttp://europa.eu.int/comm/ secretariat_general/sgb/state_aids


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31982D0199

82/199/EEC: Council Decision of 22 March 1982 giving a discharge to the Commission in respect of the implementation of the operations of the Development Fund for the overseas countries and territories (First Fund) for the financial year 1980t

Official Journal L 094 , 08/04/1982 P. 0001 - 0002

++++COUNCIL DECISION  OF 22 MARCH 1982  GIVING A DISCHARGE TO THE COMMISSION IN RESPECT OF THE IMPLEMENTATION OF THE OPERATIONS OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES ( FIRST FUND ) FOR THE FINANCIAL YEAR 1980   ( 82/199/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO THE IMPLEMENTING CONVENTION OF THE ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES WITH THE COMMUNITY , ANNEXED TO THAT TREATY ,  HAVING REGARD TO REGULATION NO 5 LAYING DOWN DETAILED PROVISIONS RELATING TO THE COLLECTION AND TRANSFER OF FINANCIAL CONTRIBUTIONS , THE BUDGETING AND ADMINISTRATION OF THE RESOURCES OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES ( 1 ) , AND IN PARTICULAR ARTICLE 16 THEREOF ,  HAVING REGARD TO PROVISIONAL REGULATION NO 6 RELATING TO THE RESPONSIBILITY OF AUTHORIZING AND ACCOUNTING OFFICERS FOR THE RESOURCES OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES ( 2 ) ,  HAVING REGARD TO THE COUNCIL DECISION OF 30 MAY 1972 ON THE TRANSFER AND UTILIZATION OF THE UNEXPENDED BALANCES OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES SET UP BY THE IMPLEMENTING CONVENTION ANNEXED TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO THE REVENUE AND EXPENDITURE ACCOUNT AND THE BALANCE SHEETS RELATING TO THE OPERATIONS OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES ( FIRST FUND ) AS AT 31 DECEMBER 1980 ,  HAVING REGARD TO THE REPORT OF THE COURT OF AUDITORS FOR THE FINANCIAL YEAR 1980 TOGETHER WITH THE COMMISSION'S REPLIES ( 3 ) ,  RECALLING THAT , IN ACCORDANCE WITH THE PROVISIONS APPLICABLE TO THE IMPLEMENTATION OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES ( FIRST FUND ) , ONLY THE COUNCIL , ACTING BY A QUALIFIED MAJORITY , SHALL GIVE A DISCHARGE TO THE COMMISSION IN RESPECT OF THE FINANCIAL ADMINISTRATION OF THE FUND ;  WHEREAS THE CLOSURE OF THE OPERATIONS OF THE FIRST FUND RESULTED IN THE TRANSFER , PURSUANT TO THE ABOVEMENTIONED COUNCIL DECISION OF 30 MAY 1972 , OF AN AMOUNT OF 12 216 927,52 EUROPEAN UNITS OF ACCOUNT TO THE EUROPEAN DEVELOPMENT FUND ( 1963 ) ( SECOND EDF ) ;  WHEREAS THE OVERALL IMPLEMENTATION BY THE COMMISSION OF THE OPERATIONS OF THE FIRST DEVELOPMENT FUND DURING THE FINANCIAL YEAR 1980 WAS SUCH AS TO WARRANT ITS BEING GIVEN A DISCHARGE IN RESPECT OF THE IMPLEMENTATION OF THESE OPERATIONS ,  HAD DECIDED AS FOLLOWS :  ARTICLE 1  THE COUNCIL SHALL CLOSE THE REVENUE AND EXPENDITURE ACCOUNT OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES ( FIRST FUND ) AS AT 31 DECEMBER 1980 AS FOLLOWS :   - REVENUE : AT THE SUM OF 569 033 072,48 EUROPEAN UNITS OF ACCOUNT ,   - EXPENDITURE ( PAYMENTS ) : AT THE SUM OF 569 033 072,48 EUROPEAN UNITS OF ACCOUNT .  ARTICLE 2  THE COUNCIL HEREBY GIVES A DISCHARGE TO THE COMMISSION IN RESPECT OF THE IMPLEMENTATION OF THE OPERATIONS OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES ( FIRST FUND ) FOR THE FINANCIAL YEAR 1980 .  DONE AT BRUSSELS , 22 MARCH 1982 .  FOR THE COUNCIL  THE PRESIDENT  L . TINDEMANS  ( 1 ) OJ NO 33 , 31 . 12 . 1958 , P . 681/58 .  ( 2 ) OJ NO 33 , 31 . 12 . 1958 , P . 686/58 .  ( 3 ) OJ NO C 344 , 31 . 12 . 1981 , P . 1 .


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31991D0253

91/253/EEC, Euratom: Council Decision of 14 May 1991 appointing a member of the Economic and Social Committee (

Official Journal L 123 , 18/05/1991 P. 0045 - 0045

COUNCIL DECISION  of 14 May 1991  appointing a member of the Economic and Social Committee  (91/253/EEC, Euratom) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 193 to 195 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 165 to 167 thereof,  Having regard to the Convention on certain Institutions common to the European Communities, and in particular Article 5 thereof,  Having regard to the Council Decision of 24 September 1990 appointing the members of the Economic and Social Committee for the period ending on 20 September 1994 (1),  Whereas a seat has become vacant on the above Committee following the resignation of Mr Heinz-Adolf Hoersken, notified to the Council on 11 February 1991,  Having regard to the nominations submitted by the Permanent Representation of Germany on 11 March 1991,  Having obtained the favourable opinion of the Commission of the European Communities,  HAS DECIDED AS FOLLOWS:  Sole Article  Mr Alexander von Schwerin is hereby appointed a member of the Economic and Social Committee in place of Mr Heinz-Adolf Hoersken for the remainder of the latter's term of office, which runs until 20 September 1994. Done at Brussels, 14 May  1991. For the Council  The President  J. F. POOS  (1) OJ No L 290, 23. 10. 1990, p. 13.    COUNCIL DECISION  of 14 May 1991  appointing a member of the Economic and Social Committee  (91/253/EEC, Euratom)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Articles 193 to 195 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 165 to 167 thereof,  Having regard to the Convention on certain Institutions common to the European Communities, and in particular Article 5 thereof,  Having regard to the Council Decision of 24 September 1990 appointing the members of the Economic and Social Committee for the period ending on 20 September 1994 (1),  Whereas a seat has become vacant on the above Committee following the resignation of Mr Heinz-Adolf Hoersken, notified to the Council on 11 February 1991,  Having regard to the nominations submitted by the Permanent Representation of Germany on 11 March 1991,  Having obtained the favourable opinion of the Commission of the European Communities,  HAS DECIDED AS FOLLOWS:  Sole Article  Mr Alexander von Schwerin is hereby appointed a member of the Economic and Social Committee in place of Mr Heinz-Adolf Hoersken for the remainder of the latter's term of office, which runs until 20 September 1994. Done at Brussels, 14 May  1991. For the Council  The President  J. F. POOS  (1) OJ No L 290, 23. 10. 1990, p. 13.


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E1996C0222

EFTA SURVEILLANCE AUTHORITY DECISION No 222/96/COL of 4 December 1996 replacing Decision No 194/94/COL approving the national plans for approval of poultry establishments in certain EFTA States, in so far the Decision concerns Norway

Official Journal L 078 , 20/03/1997 P. 0036 - 0037

EFTA SURVEILLANCE AUTHORITY DECISION No 222/96/COL of 4 December 1996 replacing Decision No 194/94/COL approving the national plans for approval of poultry establishments in certain EFTA States, in so far the Decision concerns Norway THE EFTA SURVEILLANCE AUTHORITY,Having regard to the Agreement on the European Economic Area, as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, and in particular Article 17 and Protocol 1 (4) (d) thereof,Having regard to the Act referred to in point 4 in Chapter I of Annex I to the Agreement on the European Economic Area on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (Council Directive 90/539/EEC; hereinafter referred to as 'Poultry Act`), and in particular Article 3 (2) thereof,Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, as adjusted by the Protocol Adjusting the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice, and in particular Article 5 (2) (d) and Protocol 1, Article 1 (e) thereof,Whereas Norwegian national plans relating to approval of poultry establishments were approved by EFTA Surveillance Authority Decision No 194/94/COL (1);Whereas the Decision comprises, in addition to the approval of Norwegian national plans relating to approval of poultry establishments, similar approvals granted to Finland and Sweden;Whereas the Norwegian Government, while confirming that the material situation justifying Decision No 194/94/COL is unchanged, has requested that the Decision, in so far as it concerns the approval of the Norwegian plans relating to approval of poultry establishments, be replaced by a new decision, covering only Norwegian plans relating to approval of poultry establishments, alleging this to be necessary for the solution foreseen in ongoing negotiations with the European Union in the veterinary field;Whereas such a new Decision would not in any way alter the material situation compared to what applies by virtue of Decision No 194/94/COL;Whereas there is accordingly no obstacle in granting the request made by the Norwegian Government;Whereas the measures provided for in this Decision are in accordance with the opinion of the EFTA Veterinary Committee assisting the EFTA Surveillance Authority,HAS ADOPTED THIS DECISION:1. Decision No 194/94/COL approving the national plans for approval of poultry establishments in certain EFTA States shall be replaced by the text in the Annex hereto, in so far as the Decision concerns Norway.2. This Decision shall enter into force on 9 December 1996.3. This Decision is addressed to Norway.4. This Decision shall be authentic in the English language.Done at Brussels, 4 December 1996.For the EFTA Surveillance AuthorityBjörn FRIÐFINNSSONCollege Member(1) OJ No L 383, 31. 12. 1994, p. 45.ANNEX '1. The plans submitted by the EFTA State referred to in the Annex for the approval of establishments are hereby approved in accordance with Article 3 (2) of the Act referred to in point 4 of Chapter I of Annex I to the Agreement on the European Economic Area on animal health conditions governing intra-Community trade in, and imports from third countries of, poultry and hatching eggs (Council Directive 90/539/EEC).2. The EFTA State referred to in the Annex shall bring into force by 1 December 1994 the laws, regulations, and administrative provisions for the implementation of the plans referred to in Article 1.3. The EFTA State referred to in the Annex shall communicate to the EFTA Surveillance Authority the texts of the provisions of national law which they adopt to comply with this Decision.ANNEXEFTA State with approved national plans for the approval of poultry establishments according to Article 3 (2) of the Poultry ActNorway`


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32003D0017(01)

2004/43/EC: Decision of the European Central Bank of 18 December 2003 on the national central banks' percentage shares in the key for subscription to the European Central Bank's capital (ECB/2003/17)

Official Journal L 009 , 15/01/2004 P. 0027 - 0028

Decision of the European Central Bankof 18 December 2003on the national central banks' percentage shares in the key for subscription to the European Central Bank's capital(ECB/2003/17)(2004/43/EC)THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,Having regard to the Statute of the European System of Central Banks and of the European Central Bank and in particular Articles 29.3 and 29.4 thereof,Having regard to the contribution of the General Council of the European Central Bank (ECB) in accordance with the fourth indent of Article 47.2 of the Statute,Whereas:(1) Decision ECB/1998/13 of 1 December 1998 on the national central banks' percentage shares in the key for the capital of the European Central Bank(1) laid down with effect from 1 June 1998 the weightings assigned to the national central banks (NCBs) in the key for subscription to the ECB's capital (hereinafter the capital key weightings and the capital key respectively).(2) Article 29.3 of the Statute requires the capital key weightings to be adjusted every five years after the establishment of the European System of Central Banks by analogy with the provisions laid down in Article 29.1 of the Statute. The adjusted capital key applies with effect from the first day of the year following the year in which the adjustment occurs.(3) In accordance with Council Decision 2003/517/EC of 15 July 2003 on the statistical data to be used for the adjustment of the key for subscription to the capital of the European Central Bank(2), the European Commission provided the ECB with the statistical data to be used in determining the adjusted capital key.(4) The ECB's net profits or losses (if any) for the financial year 2003 should be allocated and distributed pursuant to Article 33.1(b) and Article 33.2 of the Statute and in accordance with the capital key weightings applicable on 31 December 2003. The same should apply to the allocation of the NCBs' monetary income pursuant to Article 32.1 of the Statute, the distribution of the ECB's seigniorage income, the remuneration on the NCBs' claims equivalent to the foreign reserve assets transferred to the ECB and the remuneration on the intra-Eurosystem balances on euro banknotes in circulation,HAS ADOPTED THIS DECISION:Article 1RoundingWhere the European Commission provides revised statistical data to be used in adjusting the capital key and the figures do not total 100 %, the difference shall be compensated for: (i) if the total is below 100 %, by adding 0,0001 of a percentage point to the smallest share(s) in ascending order until exactly 100 % is reached, or (ii) if the total is above 100 %, by subtracting 0,0001 of a percentage point in descending order from the largest share(s) until exactly 100 % is reached.Article 2Capital key weightingsThe weighting assigned to each NCB in the capital key described in Article 29 of the Statute shall be as follows with effect from 1 January 2004:>TABLE>Article 3Final and transitional provisions1. Decision ECB/1998/13 is hereby repealed with effect from 1 January 2004.2. Each of the ECB's net profits or losses (if any), the NCBs' monetary income, the ECB's seigniorage income, the remuneration on the NCBs' claims equivalent to the foreign reserve assets transferred to the ECB and the remuneration on the intra-Eurosystem balances on euro banknotes in circulation, in relation to the financial year 2003 shall be allocated and distributed in accordance with the capital key weightings applicable on 31 December 2003.3. This Decision shall enter into force on 19 December 2003.4. This Decision will be published in the Official Journal of the European Union.Done at Frankfurt am Main, 18 December 2003.For the Governing Council of the ECBJean-Claude Trichet(1) OJ L 125, 19.5.1999, p. 33.(2) OJ L 181, 19.7.2003, p. 43.


title: Commission Decision of 27 March 2014 recognising Bureau Veritas Certification Holding SAS as a monitoring organisation pursuant to Regulation (EU) No 995/2010 of the European Parliament and of the Council laying down the obligations of operators who place timber and timber products on the market

text:
               8.4.2014

               EN

               Official Journal of the European Union

               C 103/9

         COMMISSION DECISION
   of 27 March 2014
   recognising Bureau Veritas Certification Holding SAS as a monitoring organisation pursuant to Regulation (EU) No 995/2010 of the European Parliament and of the Council laying down the obligations of operators who place timber and timber products on the market
   (2014/C 103/06)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 995/2010 of the European Parliament and of the Council of 20 October 2010 laying down the obligations of operators who place timber and timber products on the market (1), and in particular Article 8(3) thereof,
   Whereas:

               (1)

               The European Commission received on 21 December 2012 an application for recognition by Bureau Veritas Certification Holding SAS, declaring that they intend to function as a monitoring organisation in all the Member States.

               (2)

               The applicant submitted an update of its application on 22 January 2013.

               (3)

               In accordance with Article 2(5) of Commission Delegated Regulation (EU) No 363/2012 of 23 February 2012 on the procedural rules for the recognition and withdrawal of recognition of monitoring organisations as provided for in Regulation (EU) No 995/2010 of the European Parliament and of the Council laying down the obligations of operators who place timber and timber products on the market (2) the European Commission sent the application on 9 July 2013 for consultation to the Member States concerned. No comments were received within the statutory deadline of one month.

               (4)

               A meeting of a Commission Steering group set up specifically to assess applications for monitoring organisations was held on 12 September 2013 in Brussels, at which the applicant presented its application in person.

               (5)

               In accordance with Article 3 of Regulation (EU) No 363/2012 the applicant was requested to provide additional information in an e-mail dated 19 October 2013.

               (6)

               The applicant provided the requested additional information and clarification on 25 October 2013.

               (7)

               On the basis of the documents submitted by the applicant the Steering group reached a conclusion on 19 December 2013 that the application fulfils the requirements set out in Article 8(2) of Regulation (EU) No 995/2010 and the applicant could be recognised by the Commission as a monitoring organisation.

               (8)

               The European Commission has assessed on the basis of all the documentary evidence submitted whether the applicant fulfils the requirements sets out in Article 8(2) of Regulation (EU) No 995/2010 and considers that Bureau Veritas Certification Holding SAS, France, 67-71 Boulevard du Château 92200 Neuilly-sur-Seine; Identification No 775 690 621 R.C.S. Nanterre, fulfils the requirements of Article 8(2) of Regulation (EU) No 995/2010,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Bureau Veritas Certification Holding SAS, France, 67-71 Boulevard du Château 92200 Neuilly-sur-Seine; Identification No 775 690 621 R.C.S. Nanterre, is recognised as a monitoring organisation in accordance with Article 8(3) of Regulation (EU) No 995/2010.
   Article 2
   The Director-General of the Directorate-General for Environment is instructed to ensure that the applicant and the competent authorities in all the Member States are notified of this Decision and that this Decision is published on the Commission’s website without delay.

      Done at Brussels, 27 March 2014.

            For the Commission

         Janez POTOČNIK

            Member of the Commission

      (1)  OJ L 295, 12.11.2010, p. 23.

      (2)  OJ L 115, 27.4.2012, p. 12.


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31993D0747

Commission Decision of 20 December 1993 concerning the conclusion on behalf of the European Coal and Steel Community of the Supplementary Protocol between the European Community and the European Coal and Steel Community, of the one part, and the Czech Republic, of the other part, to the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Czech and Slovak Federal Republic, of the other part

Official Journal L 349 , 31/12/1993 P. 0211 - 0211 Finnish special edition: Chapter 11 Volume 28 P. 0004  Swedish special edition: Chapter 11 Volume 28 P. 0004

COMMISSION DECISIONof 20 December  1993concerning the conclusion on behalf of the European Coal and Steel Community of the  Supplementary Protocol between the European Community and the European Coal and Steel Community, of  the one part, and the Czech Republic, of the other part, to the Interim Agreement on trade and  trade-related matters between the European Economic Community and the European Coal and Steel  Community, of the one part, and the Czech and Slovak Federal Republic, of the other  part(93/747/ECSC)THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Coal and Steel Community, and in particular  the first paragraph of Article 95 thereof; Whereas, pending the entry into force of the European Agreement signed in Luxembourg on 4 October  1993, it is necessary to approve the Supplementary Protocol to the Interim Agreement between the  European Economic Community and the European Coal and Steel Community, of the one part, and the  Czech and Slovak Federal Republic, of the other part, on trade and trade-related matters signed in  Brussels on 16 December 1991, as subsequently amended by the exchange of letters signed on 15  December 1992 concerning the extension of the duration of this Agreement; Whereas the Interim Agreement was last amended by an Additional Protocol initialled on 16 July 1993  and applied provisionally from the 1 July 1993 in order to increase and accelerate the grant of  certain Community concessions; Whereas the conclusion of the Supplementary Protocol with the Czech Republic to the Interim  Agreement in order to adapt this Agreement to the dissolution of the Czech and Slovak Federal  Republic on 31 December 1992 and the subsequent succession thereto by the Czech Republic is  necessary to attain the objectives of the Community set out in particular in Articles 2 and 3 of  the Treaty establishing the European Coal and Steel Community and whereas the Treaty did not make  provision for all the cases covered by this Decision; Having consulted the Consultative Committee and with the unanimous assent of the Council; HAD DECIDED AS FOLLOWS:Article 1 The Supplementary Protocol between the  European Community and the European Coal and Steel Community of the one part and the Czech Republic  of the other part to the Interim Agreement between the European Economic Community and the European  Coal and Steel Community, of the one part, and the Czech and Slovak Federal Republic, of the other  part, is hereby approved on behalf of the European Coal and Steel Community. The text of the Supplementary Protocol is annexed to this Decision  (1). Article 2 The President of the Commission is authorized to designate the person who will sign the  Supplementary Protocol in order to bind the European Coal and Steel Community. Done at Brussels, 20 December 1993. For the CommissionThe PresidentJacques DELORS(1)  See page 107 of this  Official Journal.


title: 2005/116/EC: Commission Decision of 8 February 2005 on the continuation in the year 2005 of Community comparative trials and tests on propagating material of Hosta Tratt. under Council Directive 98/56/EC started in 2004

text:
               9.2.2005

               EN

               Official Journal of the European Union

               L 36/10

      COMMISSION DECISION

   of 8 February 2005
   on the continuation in the year 2005 of Community comparative trials and tests on propagating material of Hosta Tratt. under Council Directive 98/56/EC started in 2004
   (2005/116/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 98/56/EC of 20 July 1998 on the marketing of propagating material of ornamental plants (1),
   Having regard to Commission Decision 2003/865/EC of 11 December 2003 setting out the arrangements for Community comparative trials and tests on propagating material of Pelargonium l’Hérit. and Hosta Tratt., Euphorbia pulcherrima Willd. ex Klotzsch and Rosa L. under Council Directive 98/56/EC (2), and in particular Article 3 thereof,
   Whereas:

               (1)

               Decision 2003/865/EC sets out the arrangements for the comparative trials and tests to be carried out under Directive 98/56/EC as regards Hosta Tratt. for 2004 and 2005.

               (2)

               Tests and trials carried out in 2004 should be continued in 2005,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Community comparative trials and tests which began in 2004 on propagating material of Hosta Tratt. shall be continued in 2005 in accordance with Decision 2003/865/EC.

      Done at Brussels, 8 February 2005.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 226, 13.8.1998, p. 16. Directive as last amended by Directive 2003/61/EC (OJ L 165, 3.7.2003, p. 23).

      (2)  OJ L 325, 12.12.2003, p. 62.


title: 2006/188/EC: Council Decision of  21 February 2006  on the conclusion of the Agreement between the European Community and the Kingdom of Denmark extending to Denmark the provisions of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national and Council Regulation (EC) No 2725/2000 concerning the establishment of  Eurodac  for the comparison of fingerprints for the effective application of the Dublin Convention

text:
               8.3.2006

               EN

               Official Journal of the European Union

               L 66/37

         COUNCIL DECISION
   of 21 February 2006
   on the conclusion of the Agreement between the European Community and the Kingdom of Denmark extending to Denmark the provisions of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national and Council Regulation (EC) No 2725/2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention
   (2006/188/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 63(1)(a) thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               The Commission has negotiated on behalf of the Community an Agreement between the European Community and the Kingdom of Denmark extending to Denmark the provisions of Council Regulations (EC) No 343/2003 (2) and (EC) No 2725/2000 (3).

               (2)

               The Agreement was signed, on behalf of the European Community, on 13 March 2005, subject to its possible conclusion at a later date, in accordance with Council Decision of 13 June 2005.

               (3)

               In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland annexed to the TEU and the TEC, the United Kingdom and Ireland will take part in adopting and applying this Decision.

               (4)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed tothe TEU and the TEC, Denmark is not taking part in the adoption of this Decision and is not bound by it nor subject to is application.

               (5)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Kingdom of Denmark extending to Denmark the provisions of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national and Council Regulation (EC) No 2725/2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention is hereby approved on behalf of the Community.
   Article 2
   The President of the Council shall make the notification provided for in Article 10(2) of the Agreement (4).
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 21 February 2006.

            For the Council

            The President

         K. GASTINGER

      (1)  Opinion delivered on 13 December 2005 (not yet published in the Official Journal).

      (2)  OJ L 50, 25.2.2003, p. 1.

      (3)  OJ L 316, 15.12.2000, p. 1.

      (4)  The date of entry into force of the Agreement shall be the first day of the second month following notification by the contracting parties.
    ---documentbreak---

               8.3.2006

               EN

               Official Journal of the European Union

               L 66/38

         AGREEMENT
   between the European Community and the Kingdom of Denmark on the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union and ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention
   THE EUROPEAN COMMUNITY, hereinafter referred to as ‘the Community’,
   of the one part, and
   THE KINGDOM OF DENMARK, hereinafter referred to as ‘Denmark’,
   of the other part,
   REFERRING to Denmark’s participation in the Convention determining the State responsible for examining applications for asylum lodged in one of the Member States of the European Communities, signed in Dublin on 15 June 1990, hereinafter referred to as the ‘Dublin Convention’;
   REFERRING to Article 12 of the Agreement between the European Community and the Republic of Iceland and the Kingdom of Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or Iceland or Norway;
   TAKING INTO ACCOUNT that the Council Regulation (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national, hereinafter referred to as the ‘Dublin II Regulation’, replaces the ‘Dublin Convention’;
   NOTING that the Commission Regulation (EC) No 1560/2003 laying down detailed rules for the application of Council Regulation (EC) No 343/2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national was adopted on 2 September 2003;
   CONSIDERING the importance of the Council Regulation (EC) No 2725/2000 of 11 December 2000 regarding the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention, hereinafter referred to as the ‘Eurodac Regulation’. The ‘Eurodac Regulation’ and the ‘Dublin II Regulation’ are hereinafter referred to as the ‘Regulations’;
   NOTING that the Council on 28 February 2002 adopted the Regulation (EC) No 407/2002 regarding certain rules to implement the Eurodac Regulation;
   REFERRING to the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community (the Protocol on the position of Denmark) pursuant to which the Dublin II Regulation and the Eurodac Regulation shall not be binding upon or applicable in Denmark;
   DESIRING that the provisions of the Regulations, future amendments thereto and the implementing measures relating to them should under international law apply to the relations between the Community and Denmark being a Member State with a special position with respect to Title IV of the Treaty establishing the European Community;
   STRESSING the importance of proper coordination between the Community and Denmark with regard to the negotiation and conclusion of international agreements that may affect or alter the scope of the Regulations;
   STRESSING that Denmark should seek to join international agreements entered into by the Community where Danish participation in such agreements is relevant for the coherent application of the Regulations and this Agreement;
   STATING that the Court of Justice of the European Communities should have jurisdiction in order to secure the uniform application and interpretation of this Agreement including the provisions of the Regulations and any implementing Community measures forming part of this Agreement;
   REFERRING to the jurisdiction conferred to the Court of Justice of the European Communities pursuant to Article 68(1) of the Treaty establishing the European Community to give rulings on preliminary questions relating to the validity and interpretation of acts of the institutions of the Community based on Title IV of the Treaty, including the validity and interpretation of this Agreement, and to the circumstance that this provision shall not be binding upon or applicable in Denmark, as results from the Protocol on the position of Denmark;
   CONSIDERING that the Court of Justice of the European Communities should have jurisdiction under the same conditions to give preliminary rulings on questions concerning the validity and interpretation of this Agreement which are raised by a Danish court or tribunal, and that Danish courts and tribunals should therefore request preliminary rulings under the same conditions as courts and tribunals of other Member States in respect of the interpretation of the Regulations and their implementing measures;
   REFERRING to the provision that, pursuant to Article 68(3) of the Treaty establishing the European Community, the Council of the European Union, the European Commission and the Member States may request the Court of Justice of the European Communities to give a ruling on the interpretation of acts of the institutions of the Community based on Title IV of the Treaty, including the interpretation of this Agreement, and the circumstance that this provision shall not be binding upon or applicable in Denmark, according to the Protocol on the position of Denmark;
   CONSIDERING that Denmark should, under the same conditions as other Member States in respect of the Regulations and their implementing measures, be accorded the possibility to request the Court of Justice of the European Communities to give rulings on questions relating to the interpretation of this Agreement;
   STRESSING that under Danish law the courts in Denmark should — when interpreting this Agreement including the provisions of the Regulations and any implementing Community measures forming part of this Agreement — take due account of the rulings contained in the case-law of the Court of Justice of the European Communities and of the courts of the Member States of the European Communities in respect of provisions of the Regulations and any implementing Community measures;
   CONSIDERING that it should be possible to request the Court of Justice of the European Communities to rule on questions relating to compliance with obligations under this Agreement pursuant to the provisions of the Treaty establishing the European Community governing proceedings before the Court;
   WHEREAS, by virtue of Article 300(7) of the Treaty establishing the European Community, this Agreement binds Member States; it is therefore appropriate that Denmark, in the case of non-compliance by a Member State, should be able to bring a complaint to the Commission as guardian of the Treaty;
   CONSIDERING that Denmark according to Article 3 of the Protocol on the position of Denmark does not bear financial consequences of measures which are not binding upon or applicable in Denmark other than administrative costs, and that Denmark’s contribution to the operational costs linked to the establishment and operation of the Central Unit according to Article 3 of the Eurodac Regulation therefore must be determined;
   STRESSING that a Protocol according to Article 12 of the Agreement between European Community and Iceland and Norway concerning the criteria and mechanisms for establishing the State responsible for examining a request for asylum lodged in a Member State or Iceland or Norway shall ensure the relations between Iceland and Norway on the one hand and Denmark on the other hand regarding the provisions of the Dublin II Regulation and the Eurodac Regulation;
   DESIRING that the content of this Protocol is determined by the European Community and Iceland and Norway in parallel with this Agreement, acting with the consent of Denmark,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Aim
   1.   The aim of this Agreement is to apply the provisions of Council Regulation (EC) No 343/2003 of 18 February 2003 on the criteria and mechanisms for establishing the Member State responsible for examining a request for asylum lodged in Denmark or any other Member State of the European Union (Dublin II Regulation), Council Regulation (EC) No 2725/2000 of 11 December 2000 concerning the establishment of Eurodac for the comparison of fingerprints for the effective application of the Dublin Convention (Eurodac Regulation) and their implementing measures to the relation between the Community and Denmark, in accordance with Article 2(1) and 2(2).
   2.   It is the objective of the Contracting Parties to arrive at a uniform application and interpretation of the provisions of the Regulations and their implementing measures in all Member States.
   3.   The provisions of Articles 3(1), 4(1) and 5(1) of this Agreement result from the Protocol on the position of Denmark.
   Article 2
   The Dublin II Regulation and the Eurodac Regulation
   1.   The provisions of the Dublin II Regulation which is annexed to this Agreement and forms part thereof, together with its implementing measures adopted pursuant to Article 27(2) of the Dublin II Regulation and — in respect of implementing measures adopted after the entry into force of this Agreement — implemented by Denmark as referred to in Article 4 of this Agreement, shall under international law apply to the relations between the Community and Denmark.
   2.   The provisions of the Eurodac Regulation which is annexed to this Agreement and forms part thereof, together with its implementing measures adopted pursuant to Article 22 or 23(2) of the Eurodac Regulation and — in respect of implementing measures adopted after the entry into force of this Agreement — implemented by Denmark as referred to in Article 4 of this Agreement, shall under international law apply to the relations between the Community and Denmark.
   3.   The date of entry into force of this Agreement shall apply instead of the date referred to in Article 29 of the Dublin II Regulation, and Article 27 of the Eurodac Regulation.
   Article 3
   Amendments to the Dublin II Regulation and to the Eurodac Regulation
   1.   Denmark shall not take part in the adoption of amendments to the Dublin II Regulation and the Eurodac Regulation and no such amendments shall be binding upon or applicable in Denmark.
   2.   Whenever amendments to the Regulations are adopted Denmark shall notify the Commission of its decision whether or not to implement the content of such amendments. Notification shall be given at the time of the adoption of the amendments or within 30 days hereafter.
   3.   If Denmark decides that it will implement the content of the amendments the notification shall indicate whether implementation can take place administratively or requires parliamentary approval.
   4.   If the notification indicates that implementation can take place administratively the notification shall, moreover, state that all necessary administrative measures enter into force on the date of entry into force of the amendments to the Regulations or have entered into force on the date of the notification, whichever date is the latest.
   5.   If the notification indicates that implementation requires parliamentary approval in Denmark the following rules shall apply:

               (a)

               legislative measures in Denmark shall enter into force on the date of entry into force of the amendments to the Regulations or within 6 months after the notification, whichever date is the latest;

               (b)

               if legislative measures in Denmark have not entered into force on the date the amendments to the Regulations enter into force, Denmark shall to the extent compatible with national law apply the substance of the amendments provisionally;

               (c)

               Denmark shall notify the Commission of the date upon which the implementing legislative measures enter into force and of any particular measures taken with respect to provisional application.

         6.   A Danish notification that the content of the amendments have been implemented in Denmark, according to paragraph 4 or 5, creates mutual obligations under international law between Denmark and the Community. The amendments to the Regulations shall then constitute amendments to this Agreement and shall be considered annexed hereto.
   7.   In case:

               (a)

               Denmark notifies its decision not to implement the content of the amendments, or

               (b)

               Denmark does not make a notification within the 30 days time limit set out in paragraph 2; or

               (c)

               legislative measures in Denmark do not enter into force within the time limits set out in paragraph 5,

         this Agreement shall be considered terminated unless within 90 days the parties decide otherwise or, in the situation referred to under (c), legislative measures in Denmark enter into force within the same period. Termination shall take effect three months after the expiry of the 90-day period.
   8.   Requests that have been transmitted in accordance with the Dublin II Regulation before the date of termination of the Agreement as set out in paragraph 7 are not affected hereby.
   Article 4
   Implementing measures
   1.   Denmark shall not take part in the adoption of opinions by the Committee referred to Article 27(2) of the Dublin II Regulation and Article 23(2) of the Eurodac Regulation or in the adoption of implementing measures adopted pursuant to Article 22 of the Eurodac Regulation. Implementing measures adopted pursuant to Article 27(2) of the Dublin II Regulation or pursuant to 23(2) of the Eurodac Regulation and implementing measures adopted pursuant to Article 22 of the Eurodac Regulation shall not be binding upon and shall not be applicable in Denmark.
   2.   Whenever implementing measures are adopted pursuant to Article 27(2) of the Dublin II Regulation and pursuant to Article 22 or 23(2) of the Eurodac Regulation, the implementing measures shall be communicated to Denmark. Denmark shall notify the Commission of its decision whether or not to implement the content of the implementing measures. Notification shall be given upon receipt of the implementing measures or within 30 days thereafter.
   3.   The notification shall state that all necessary administrative measures in Denmark enter into force on the date of entry into force of the implementing measures or have entered into force on the date of the notification, whichever date is the latest.
   4.   A Danish notification that the content of the implementing measures have been implemented in Denmark, creates mutual obligations under international law between Denmark and the Community. The implementing measures will then form part of this Agreement.
   5.   In case:

               (a)

               Denmark notifies its decision not to implement the content of the implementing measures, or

               (b)

               Denmark does not make a notification within the 30-day time limit set out in paragraph 2;

         this Agreement shall be considered terminated unless the parties decide otherwise within 90 days. Termination shall take effect three months after the expiry of the 90-day period.
   6.   Requests that have been transmitted in accordance with the ‘Dublin II Regulation’ before the date of termination of the Agreement as set out in paragraph 5 are not affected hereby.
   7.   If in exceptional cases the implementation requires parliamentary approval in Denmark, the Danish notification under paragraph 2 shall indicate this and the provisions of Article 3(5) to (8), shall apply.
   Article 5
   International agreements which affect the Dublin II Regulation and the Eurodac Regulation
   1.   International agreements entered into by the Community based on the rules of the Dublin II Regulation and the Eurodac Regulation shall not be binding upon and shall not be applicable in Denmark.
   2.   Denmark will abstain from entering into international agreements which may affect or alter the scope of the Regulations as annexed to this Agreement concerning the determination of responsibility for examining an asylum application or measures concerning the comparison of fingerprints of third country nationals covered by the Eurodac Regulation unless it is done with the agreement of the Community and satisfactory arrangements have been made with regard to the relationship between this Agreement and the international agreement in question.
   3.   When negotiating international agreements that may affect or alter the scope of the Regulations as annexed to this Agreement, Denmark will coordinate its position with the Community and will abstain from any actions that would jeopardise the objectives of a Community position within its sphere of competence in such negotiations.
   Article 6
   Jurisdiction of the Court of Justice of the European Communities in relation to the interpretation of the Agreement
   1.   Where a question on the validity or interpretation of this Agreement is raised in a case pending before a Danish court or tribunal, that court or tribunal shall request the Court of Justice to give a ruling thereon whenever under the same circumstances a court or tribunal of another Member State of the European Union would be required to do so in respect of the Dublin II Regulation and the Eurodac Regulation and their implementing measures referred to in Article 2(1) and 2(2).
   2.   Under Danish law, the courts in Denmark shall, when interpreting this Agreement, take due account of the rulings contained in the case-law of the Court of Justice in respect of provisions of the Dublin II Regulation and the Eurodac Regulation and any implementing Community measures.
   3.   Denmark may, like the Council, the Commission and any Member State, request the Court of Justice to give a ruling on a question of interpretation of this Agreement. The ruling given by the Court of Justice in response to such a request shall not apply to judgments of courts or tribunals of the Member States which have become res judicata.
   4.   Denmark shall be entitled to submit observations to the Court of Justice in cases where a question has been referred to it by a court or tribunal of a Member State for a preliminary ruling concerning the interpretation of any provision referred to in Article 2(1) and 2(2).
   5.   The Protocol on the Statute of the Court of Justice of the European Communities and its Rules of Procedure shall apply.
   6.   If the provisions of the Treaty establishing the European Community regarding rulings by the Court of Justice are amended with consequences for rulings in respect of the Dublin II Regulation and the Eurodac Regulation, Denmark may notify the Commission of its decision not to apply the amendments in respect of this Agreement. Notification shall be given at the time of the entry into force of the amendments or within 60 days hereafter.
   In such a case this Agreement shall be considered terminated. Termination shall take effect three months after the notification.
   7.   Requests that have been transmitted in accordance with the Dublin II Regulation before the date of termination of the Agreement as set out in paragraph 6 are not affected hereby.
   Article 7
   Jurisdiction of the Court of Justice of the European Communities in relation to compliance with the Agreement
   1.   The Commission may bring before the Court of Justice cases against Denmark concerning non-compliance with any obligation under this Agreement.
   2.   Denmark may bring a complaint to the Commission as to the non-compliance by a Member State of its obligations by virtue of this Agreement.
   3.   The relevant provisions of the Treaty establishing the European Community governing proceedings before the Court of Justice as well as the Protocol on the Statute of the Court of Justice of the European Communities and its Rules of Procedure shall apply.
   Article 8
   Territorial application
   This Agreement shall apply to the territories referred to in Article 299 of the Treaty establishing the European Community and in accordance with Article 26 of the ‘Eurodac Regulation’ and Article 26 of the ‘Dublin II Regulation’.
   Article 9
   Financial contributions regarding Eurodac
   As far as administrative and operational costs linked to the installation and operation of the Central Unit of Eurodac are concerned, Denmark shall contribute to the annual budget of the EU an annual sum, calculated on the basis of the budgetary appropriations allocated for that purpose, in accordance with the percentage of the Danish gross national product in relation to the overall gross national product of all participating States.
   This provision shall apply from the year of the link-up of Denmark to the Central Unit.
   The contribution of Denmark to the initial installation of the Central Unit will amount to a lump sum equivalent to the amount reimbursed on the Danish contribution to the general budget of the European Union, because of its initial non-participation to the Eurodac Regulation.
   Article 10
   Termination of the Agreement
   1.   This Agreement shall terminate if Denmark informs the other Member States that it no longer wishes to avail itself of the provisions of Part I of the Protocol on the position of Denmark, under Article 7 of that Protocol.
   2.   This Agreement may be terminated by either Contracting Party giving notice to the other Contracting Party. Termination shall be effective six months after the date of such notice.
   3.   Requests that have been transmitted before the date of termination of the Agreement as set out in paragraph 1 or 2 are not affected hereby.
   Article 11
   Entry into force
   1.   The Agreement shall be adopted by the Contracting Parties in accordance with their respective procedures.
   2.   The Agreement shall enter into force on the first day of the second month following the notification by the Contracting Parties of the completion of their respective procedures required for this purpose.
   Article 12
   Authenticity of texts
   This Agreement is drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovene, Slovak, Spanish and Swedish languages, each of these texts being equally authentic.
   ANNEX
   COUNCIL REGULATION (EC) No 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national.
   COUNCIL REGULATION (EC) No 2725/2000 of 11 December 2000 concerning the establishment of ‘Eurodac’ for the comparison of fingerprints for the effective application of the Dublin Convention.


Avis juridique important

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31991D0395

91/395/EEC: Council Decision of 29 July 1991 adopting the ' Youth for Europe' programme (second phase)

Official Journal L 217 , 06/08/1991 P. 0025 - 0030

COUNCIL DECISION  of 29 July 1991  adopting the 'Youth for Europe' programme (second phase)  (91/395/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the Member States, when they signed the Treaty establishing the European Economic Community, declared themselves determined to lay the foundations of an ever closer union among the peoples of Europe;  Whereas, in order to achieve that objective, the Treaty provides for powers to take action to ensure freedom of movement for employed and self-employed persons and those receiving services;  Whereas specific measures should be taken to assist young people to develop their sense of initiative and to foster an awareness in them of their abilities and responsibilities;  Whereas, when they met on 13 December 1976 (4) and 12 July 1982 (5), the Council and the Ministers for Education, meeting within the Council, were resolved on the need adequately to prepare young people for adult and working life, and adopted action  programmes relating thereto;  Whereas the European Council, meeting on 28 and 29 June 1985, adopted the conclusions of the ad hoc Committee on a People's Europe, which called for the promotion of youth exchanges within the Community and for an effective network of exchanges within  and between Member States;  Whereas the European Parliament, in its resolutions of 12 March 1981 on youth activities (6), of 7 June 1983 on a European Communities programme to promote youth exchanges (7) and of 16 December 1983 on a European voluntary service scheme for young  people (8), advocated strengthening Community activities in this field;  Whereas youth exchanges are an appropriate method of enabling young people to understand more about the European Community and its Member States and of promoting social cohesion within the Community; whereas they thus contribute to the training and  preparation of young people for adult and working life and to the development of a greater awareness of their abilities and responsibilities;  Whereas, since substantial improvement in the quality and quantity of youth exchanges and mobility can be achieved by a series of support measures at Community level complementing the measures taken by the Member States and taking into account the  experience and the current contribution of bodies already working in this field;  Whereas on 16 June 1988 the Council adopted Decision 88/348/EEC establishing the 'Youth for Europe' action programme (9) to promote youth exchanges in the Community; whereas it is now expedient to extend that programme;  Whereas a programme lasting three years is called for;  Whereas an amount of ECU 25 million is estimated as necessary to implement this multiannual programme; whereas, for the year 1992, in the framework of the current financial perspective, the funds estimated as necessary are ECU 10 million;  Whereas the amounts to be committed for the financing of the programme for the period after the budget year 1992 will have to fall within the Community financial framework in force;  Whereas the Treaty does not provide, for the adoption of this Decision, powers of action other than those of Article 235,  HAS DECIDED AS FOLLOWS:  Article 1  The second phase of the 'Youth for Europe' programme, hereinafter referred to as 'the programme', to promote youth exchanges and mobility in the Community is hereby adopted for the period 1 January 1992 to 31 December 1994.  Article 2  The Community financial resources estimated as necessary for implementation of the programme amount to ECU 25 million, of which ECU 10 million are for the year 1992 in the framework of the 1988 to 1992 financial perspective.  For the subsequent period of implementation of the programme, the amount shall fall within the Community financial framework in force.  The budget authority shall determine the appropriations available for each financial year, taking into account the principles of sound management referred to in Article 2 of the Financial Regulation applicable to the general budget of the European  Communities.  Article 3  In its second phase, the programme shall comprise a range of measures, set out in the Annex, directly linked to the development of youth exchanges and mobility in the Community. The measures are directed at young people (from 15 to 25 years  of age), as well as at bodies active in promoting youth exchanges or mobility. The programme's objectives shall be as set out in the Annex.  Article 4  1. The Commission shall implement the second phase of the 'Youth for Europe' programme in conformity with this Decision.  2. In performing this task, the Commission shall be assisted by a committee of an advisory nature, composed of two representatives from each Member State, and chaired by the Commission representative. Members of the committee may be assisted by experts  or advisers. The secretariat of the committee shall be provided by the Commission. A representative of the Council of Europe and a representative of the Youth Forum of the European Communities shall be invited to participate in the work of the committee  as observers.  3. The Committee may examine all questions concerning the implementation and evaluation of the programme. The Commission shall consult the committee on:  - the approach concerning the measures provided for by the programme, its operation and its evaluation,  - questions of general balance concerning the exchanges between Member States and concerning the various types of action.  4. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter,  if necessary by taking a vote. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.  5. The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.  Article 5  The Commission is invited to see that there is consistency and complementarity between this programme and other activities of the Member States and of the Community affecting young people, in particular youth exchanges envisaged under the  Tempus programme. In this connection, account shall be taken of the activities of the Council of Europe, inter alia in the field of information and training for youth workers. The Commission shall also maintain regular contacts with international  organizations working in the field of youth exchanges and mobility.  Article 6  1. Member States shall lend their support to achieving the objectives of the programme as set out in the Annex by taking appropriate measures to that end.  2. Each Member State shall:  (a) designate an existing body or set up one or more competent bodies responsible for coordinating the implementation of the programme at national level, although this may not necessarily be the only task assigned to such body or bodies. These bodies  shall cooperate in the continuous evaluation of the programme;  (b) endeavour, as far as possible, to adopt the measures necessary to ensure that young people who have participated in exchanges under the programme do not lose their entitlements, particularly those linked to social security.  Article 7  The Commission shall take the necessary measures for the continuous evaluation of the programme on the basis of statistical and other information provided by the bodies designated pursuant to Article 6 (2) (a) and of other independently  collected information and analyses. This evaluation shall cover the operation of the programme and its impact on young people. On the basis of this evaluation, the Commission shall submit to the European Parliament and to the Council a report on the  implementation of the programme after the first year of the second phase, taking into account the results of the programme since 1 July 1988. The Council, acting on a proposal from the Commission, shall take a position on a review of this Decision  before the programme expires. Done at Brussels, 29 July 1991. For the Council  The President  H. VAN DEN BROEK   (1) OJ No C 308, 8. 12. 1990, p. 6. (2) OJ No C 158, 17. 6. 1991. (3) OJ No C 159, 17. 6. 1991, p. 5. (4) OJ No C 308, 30. 12. 1976, p. 1. (5) OJ No C 193, 28. 7. 1982, p. 1. (6) OJ No C 77, 6. 4. 1981, p. 58. (7) OJ No C 184, 11. 7. 1983, p.  22. (8) OJ No C 10, 16. 1. 1984, p. 286. (9) OJ No L 158, 25. 6. 1988, p. 42.    ANNEX  ACTION I  Promoting youth projects which entail the exchange and mobility of young people  1. For the purposes of this Action, the term 'youth exchanges' shall refer to project-centred bilateral exchanges and multilateral exchanges and encounters arranged on the basis of joint projects within the Community between groups of young people  between 15 and 25 years old residing in two or more Member States, excluding projects which take place in the context of formal education or vocational training. These exchanges and encounters shall have a minimum duration of one week and shall be  specifically planned so as to enable the young people to develop skills for active and working life by:  - gaining an understanding of the economic, social and cultural life of the host country, particularly the situations and problems of young people, through direct contact with the local community in the host country,  - establishing cooperative relationships between groups of young people resident in different Member States within the Community,  - exchanging ideas and identifying common interests with young people from other countries taking part in the exchanges,  - strengthening their awareness of belonging to Europe.  2. The objectives of this Action of the 'Youth for Europe' programme shall be as follows:  (a) to promote youth exchanges within the European Community for an increasing number of young people from all the Member States, including, in particular, regions in which few such opportunities are customarily available;  (b) to promote improvements in the quality of such exchanges, in particular through assistance with the preparation and organization of exchanges, so as to achieve maximum impact and to increase to the utmost the benefit to the young people concerned,  in particular by enabling them to play an active part in organizing the exchanges;  (c) to encourage, as far as possible, diversification in youth exchanges and to achieve a better balance between Member States, inter alia by the promotion of multilateral exchanges, so as to extend exchanges in particular to young people from varied  social, economic and cultural backgrounds;  (d) to support the pursuit of exchanges of young people aimed at developing permanent links between them.  Activities supported under this Action shall be designed in particular to encourage the participation of young people who experience the most difficulties in being included in existing exchange programmes.  The projects to receive Community assistance shall be chosen on the basis of joint criteria of quality, impact and efficacy in line with the programme objectives.  3. The following measures designed to enable young people to benefit from exchanges and mobility shall be implemented:  (a) Direct support for youth projects involving exchange and mobility  (a)1. The Community shall continue the development of its system of direct financial aid to youth exchanges with an explicitly educational purpose, expressed in the form of a coherent project.  (a)1.1. Such projects shall be so devised that the impact or repercussions of the exchange, in terms of cooperation or individual or group training, may be assessed. Exchanges organized in the context of formal education or vocational training shall be  excluded. Aid for exchanges under this point may not exceed 50 % of the total expenses incurred (journey and programme), except as provided in point a.1.4.  (a)1.2. In calculating the aid to each Member State, quantitative objectives shall be assigned in relation to the number of young people from 15 to 25 years in its population. The calculation shall also take account of:  - the gross domestic product of each Member State,  - the average cost of journeys between Member States,  - the balance of the flow of exchanges, at the same time taking into account the linguistic situation in the European Community.  (a)1.3. In the allocation of grants, priority shall be given to project-centred exchanges which meet the following criteria:  - are especially designed for young people with disadvantaged backgrounds,  - bring together young people with different social, economic and cultural backgrounds,  - make young people aware of the European dimension, for example through their multilateral nature,  - stress the active participation of young people from the beginning of the project,  - concern regions of the Community where few opportunities for exchanges are available,  - concern young people living in peripheral areas and/or linguistic areas having a limited coverage.  (a)1.4. In addition to the aids set out above, the Community shall undertake positive action towards disadvantaged young people. In this context, financial aid towards exchanges organized under section a.1 may, for disadvantaged young people, go up to  75 % of the total; the Community shall also support such other preparatory and accompanying activities to encourage the participation of disadvantaged young people as may be appropriate. Not less than one-third of the appropriations made available to  Member States under point a.1 shall be used for disadvantaged young people.  (a)2. Grants shall be made available on an experimental basis to support transnational projects enabling young people to take part voluntary service activities in another Member State. Such activities shall be organized in particular in the educational,  social, cultural or environmental protection fields. For the purposes of this provision, 'voluntary service activities' means those activities in which young people devote their time and efforts to a cause of value to society, excluding similar  activities which exist in some Member States in the framework of compulsory military service or as an alternative thereto. Exchange organizers shall be responsible for insuring participants in such exchanges.  (b) Study visits and professional development for youth workers  In the context of the overall development of the programme, the Community will continue its aid for short study visits, for professional development and for pilot projects relating to youth workers, with the chief aims of:  - making them aware of the situation of young people in other Member States,  - enabling them to establish the contracts necessary for the organization of exchanges,  - promoting intercultural training.  ACTION II  Accompanying measures  1. Measures to accompany and support those referred to above may be carried out by the Commission, including measures:  (a) to promote the implementation of practical measures to encourage the mobility of young people in the Member States, including the youth cards introduced in several Member States, so as to facilitate their access to existing services at national  level;  (b) to encourage the undertaking of collaborative activities in the field of youth work;  (c) to provide technical expertise and support for the implementation of grant and subsidy schemes;  (d) to identify ways and means of overcoming the various obstacles which may inhibit participation in, or the organization of, youth exchanges;  (e) to define, in the light of experience gained, possible new actions which could be undertaken with a view to filling any gaps discovered in existing youth exchange programmes.  2. In addition to the above, the Commission shall provide assistance for the development of activities for the bodies referred to in Article 6 (2) (a) of the Decision. These activities shall be concerned with the development of:  (a) information to young people and youth workers about the activities supported under this programme and the application and grant systems relating to each activity;  (b) consultation facilities, to give practical guidance on the preparation of youth exchanges and other projects eligible for financial support under this programme, including the operation of training courses, where appropriate;  (c) coordination of activities and exchanges of information and experience between designated bodies in the various Member States. Those bodies will take account of the actitivies undertaken by the Member States in this field;  (d) assessment of the qualitative effect of the programme.


title: EFTA Surveillance Authority Decision No 39/04/COL of 17 March 2004 amending for the 42nd time the Procedural and Substantive Rules in the Field of State Aid by introducing a new Chapter 25A: Review of the guidelines on national regional aid for the period after 1 January 2007

text:
               1.9.2005

               EN

               Official Journal of the European Union

               L 226/12

         EFTA SURVEILLANCE AUTHORITY DECISION

   No 39/04/COL
   of 17 March 2004
   amending for the 42nd time the Procedural and Substantive Rules in the Field of State Aid by introducing a new Chapter 25A: Review of the guidelines on national regional aid for the period after 1 January 2007
   THE EFTA SURVEILLANCE AUTHORITY,
   HAVING REGARD TO the Agreement on the European Economic Area (1), in particular to Articles 61 to 63 and Protocol 26 thereof,
   HAVING REGARD TO the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice (2), in particular to Article 24, Article 5(2)(b) and Article 1 in Part I of Protocol 3 thereof (3),
   WHEREAS under Article 24 of the Surveillance and Court Agreement, the EFTA Surveillance Authority shall give effect to the provisions of the EEA Agreement concerning State aid,
   WHEREAS under Article 5(2)(b) of the Surveillance and Court Agreement the EFTA Surveillance Authority shall issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressly so provides or if the EFTA Surveillance Authority considers it necessary,
   RECALLING the Procedural and Substantive Rules in the Field of State Aid (4) adopted on 19 January 1994 by the EFTA Surveillance Authority (5),
   WHEREAS, on 8 May 2003, the Commission of the European Communities (hereinafter the EC Commission) published a communication on the review of the guidelines on national regional aid for the period after 1 January 2007 (6),
   WHEREAS this communication is also of relevance for the European Economic Area,
   WHEREAS a uniform application of the EEA State Aid Rules is to be ensured throughout the European Economic Area,
   WHEREAS, according to point II under the heading ‘GENERAL’ at the end of Annex XV to the EEA Agreement, the EFTA Surveillance Authority is to adopt, after consultation with the EC Commission, acts corresponding to those adopted by the EC Commission,
   HAVING consulted the EC Commission,
   RECALLING that the EFTA Surveillance Authority has consulted the EFTA States in a multilateral meeting on 3 February 2004 on the subject,
   HAS ADOPTED THIS DECISION:

               1.

               The State Aid Guidelines are amended by adding a new Chapter 25A ‘Review of the guidelines on national regional aid for the period after 1 January 2007’. The new Chapter 25A can be found in the Annex to this Decision.

               2.

               The EFTA States shall be informed by means of a letter, including a copy of this Decision and including the Annex.

               3.

               The EC Commission shall be informed, in accordance with point (d) of Protocol 27 of the EEA Agreement, by means of a copy of this Decision, including the Annex.

               4.

               The Decision, including the Annex, shall be published in the EEA Section of and in the EEA Supplement to the Official Journal of the European Union.

               5.

               The Decision is authentic in the English language.

      Done at Brussels, 17 March 2004.

            For the EFTA Surveillance Authority

         Hannes HAFSTEIN

            President

         Einar M. BULL

            College Member

      (1)  Hereinafter referred to as the EEA Agreement.

      (2)  Hereinafter referred to as the Surveillance and Court Agreement.

      (3)  Protocol 3 to the Surveillance and Court Agreement as amended by the EFTA States on 10 December 2001. The amendments entered into force on 28 August 2003.

      (4)  Hereinafter referred to as the State Aid Guidelines.

      (5)  Initially published in OJ L 231, 3.9.1994, p. 1, and in the EEA Supplement thereto No 32 on the same date, as last amended by College Decision No 15/04/COL of 18 February 2004 (not yet published).

      (6)  Commission communication — Review of the guidelines on national regional aid for the period after 1 January 2007 (OJ C 110, 8.5.2003, p. 24).

      ANNEX

         ‘25A.   REVIEW OF THE GUIDELINES ON NATIONAL REGIONAL AID FOR THE PERIOD AFTER 1 JANUARY 2007

                     1.

                     The EFTA Surveillance Authority (hereinafter the Authority) published the guidelines on national regional aid in April 1999 (1).

                     2.

                     On the basis of the guidelines, the Authority approved the regional aid maps of the EFTA States for the period from 2000 to 2006 and several regional aid schemes expiring at the end of that period.

                     3.

                     The guidelines were adopted for an unlimited period. However, it is stipulated that the Authority will review them within five years of their becoming applicable.

                     4.

                     The Authority has carried out such a review and concluded that a revision of the guidelines does not appear to be necessary.

                     5.

                     The Authority, however, has decided to carry out such revision in due course in order to give the EFTA States and the Authority time before the end of 2006 to draw up, notify and approve the regional maps for the period after 1 January 2007.

         (1)  College Decision No 316/98/COL of 4 November 1998 (OJ L 111, 29.4.1999, p. 46) and EEA Supplement No 18.’


title: 2012/309/EU: Council Decision of 10 May 2012 designating the European Capital of Culture for the year 2016 in Spain and Poland

text:
               15.6.2012

               EN

               Official Journal of the European Union

               L 154/11

         COUNCIL DECISION
   of 10 May 2012
   designating the European Capital of Culture for the year 2016 in Spain and Poland
   (2012/309/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Decision No 1622/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community action for the European Capital of Culture event for the years 2007 to 2019 (1), and in particular Article 9(3) thereof,
   Having regard to the recommendation from the European Commission,
   Having regard to the Selection Panel report of June 2011 regarding the selection process of the European Capitals of Culture in Spain and Poland respectively,
   Whereas:
   Considering that the criteria referred to in Article 4 of Decision No 1622/2006/EC are entirely fulfilled,
   HAS ADOPTED THIS DECISION:
   Article 1
   Donostia-San Sebastián and Wroclaw are designated as ‘European Capitals of Culture 2016’ in Spain and Poland.
   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 10 May 2012.

            For the Council

            The President

         U. ELBÆK

      (1)  OJ L 304, 3.11.2006, p. 1.


title: Council Decision of 15 December 2014 appointing a member of the Governing Board of the European Agency for Safety and Health at Work for Germany

text:
               17.12.2014

               EN

               Official Journal of the European Union

               C 453/2

         COUNCIL DECISION
   of 15 December 2014
   appointing a member of the Governing Board of the European Agency for Safety and Health at Work for Germany
   (2014/C 453/02)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (1), and in particular Article 8 thereof,
   Having regard to the lists of candidates submitted to the Council by the Governments of the Member States and by the employees' and the employers' organisations,
   Having regard to the lists of members and alternate members of the Advisory Committee on Safety and Health at Work,
   Whereas:

               (1)

               By its Decisions of 2 December 2013 (2) and of 12 June 2014 (3), the Council appointed the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for the period ending on 7 November 2016.

               (2)

               The employees' organisation European Trade Union Confederation (ETUC) has submitted a nomination for one post to be filled,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following shall be appointed member of the Governing Board of the European Agency for Safety and Health at Work for the period ending on 7 November 2016:
   II.   REPRESENTATIVES OF EMPLOYEES' ORGANISATIONS

               Country

               Member

               Germany

               Ms Sonja KÖNIG

         Article 2
   The Council shall appoint the members and alternate members who have not yet been nominated at a later date.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 15 December 2014.

            For the Council

            The President

         M. MARTINA

      (1)  OJ L 216, 20.8.1994, p. 1.

      (2)  Council Decision of 2 December 2013 appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work (OJ C 360, 10.12.2013, p. 8).

      (3)  Council Decision of 12 June 2014 appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for Lithuania and Malta (OJ C 182, 14.6.2014, p. 14); Council Decision of 12 June 2014 appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for France (OJ C 186, 18.6.2014, p. 5).