Avis juridique important

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31980D0461

80/461/EEC: Council Decision of 22 April 1980 concerning the conclusion of the Agreement negotiated between the European Economic Community and Canada under Article XXVIII of GATT concerning certain products in the fruit and vegetables sector

Official Journal L 111 , 30/04/1980 P. 0017 - 0020 Finnish special edition: Chapter 3 Volume 12 P. 0021  Greek special edition: Chapter 11 Volume 19 P. 0236  Swedish special edition: Chapter 3 Volume 12 P. 0021

COUNCIL DECISION of 22 April 1980 concerning the conclusion of the Agreement negotiated between the European Economic Community and Canada under Article XXVIII of GATT concerning certain products in the fruit and vegetables sector (80/461/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof, Having regard to the recommendation from the Commission, Whereas Canada, on the basis of Article XXVIII of the General Agreement on tariffs and trade (GATT), indicated its intention of modifying tariff concessions on certain products of which the European Economic Community is its principal supplier; Whereas the Commission opened negotiations with Canada under Article XXVIII of GATT and has reached a satisfactory agreement with that country, HAS DECIDED AS FOLLOWS:Article 1 The Agreement negotiated between the European Economic Community and Canada under Article XXVIII of GATT concerning certain products in the fruit and vegetables sector is hereby approved on behalf of the Community. The text of the Agreement is annexed to this Decision. Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community. Article 3 The outcome of the negotiations shall be notified to the Contracting Parties to GATT.Done at Luxembourg, 22 April 1980. For the Council The President G. ZAMBERLETTI


title: 2012/192/EU: Council Decision of 12 July 2010 on the signing, on behalf of the Union, of the Arrangement between the European Union and the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation on the participation by those States in the work of the committees which assist the European Commission in the exercise of its executive powers as regards the implementation, application and development of the Schengen acquis

text:
               13.4.2012

               EN

               Official Journal of the European Union

               L 103/1

         COUNCIL DECISION
   of 12 July 2010
   on the signing, on behalf of the Union, of the Arrangement between the European Union and the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation on the participation by those States in the work of the committees which assist the European Commission in the exercise of its executive powers as regards the implementation, application and development of the Schengen acquis

   (2012/192/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 74, 77 and 79 in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Following the authorisation given to the Commission on 15 May 2006, negotiations with the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation regarding the participation by those States in the work of the committees which assist the Commission in the exercise of its executive powers as regards the implementation, application and development of the Schengen acquis have been concluded.

               (2)

               Subject to its conclusion at a later date, the Arrangement between the European Union and the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation on the participation by those States in the work of the committees which assist the European Commission in the exercise of its executive powers as regards the implementation, application and development of the Schengen acquis (‘the Arrangement’) initialled on 30 June 2009 should be signed and the attached Joint Declaration be approved.

               (3)

               This Decision does not prejudice the position of the United Kingdom, under the Protocol on the Schengen acquis integrated into the framework of the European Union annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and Council Decision 2000/365/EC of 29 May 2000, concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (1).

               (4)

               This Decision does not prejudice the position of Ireland, under the Protocol on the Schengen acquis integrated into the framework of the European Union annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and Council Decision 2002/192/EC of 28 February 2002, concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
                   (2).

               (5)

               This Decision shall not prejudice the position of Denmark, under the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Arrangement between the European Union and the Republic of Iceland, the Principality of Liechtenstein, the Kingdom of Norway and the Swiss Confederation on the participation by those States in the work of the committees which assist the European Commission in the exercise of its executive powers as regards the implementation, application and development of the Schengen acquis (‘the Arrangement’) is hereby approved on behalf of the Union, subject to its conclusion.
   The text of the Arrangement is attached to this Decision.
   Article 2
   The Joint Declaration attached to this Decision is hereby approved on behalf of the Union.
   Article 3
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Arrangement on behalf of the Union, subject to its conclusion.
   Article 4
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 12 July 2010.

            For the Council

            The President

         S. LAURELLE

      (1)  OJ L 131, 1.6.2000, p. 43.

      (2)  OJ L 64, 7.3.2002, p. 20.


title: 2013/565/EU: Decision of the European Parliament of 17 April 2013 on the closure of the accounts of the European Aviation Safety Agency for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/195

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on the closure of the accounts of the European Aviation Safety Agency for the financial year 2011
   (2013/565/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Aviation Safety Agency for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Aviation Safety Agency for the financial year 2011, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

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

               —

               having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council (4) establishing a European Aviation Safety Agency, and in particular Article 60 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0075/2013),

               1.

               Approves the closure of the accounts of the European Aviation Safety Agency for the financial year 2011;

               2.

               Instructs its President to forward this Decision to the Executive Director of the European Aviation Safety 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

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 53.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 79, 19.3.2008, p. 1.

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


title: Council Decision (CFSP) 2016/2238 of 12 December 2016 amending Decision 2010/452/CFSP on the European Union Monitoring Mission in Georgia, EUMM Georgia

text:
               13.12.2016

               EN

               Official Journal of the European Union

               L 337/15

         COUNCIL DECISION (CFSP) 2016/2238
   of 12 December 2016
   amending Decision 2010/452/CFSP on the European Union Monitoring Mission in Georgia, EUMM Georgia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28 and Articles 42(4) and 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 12 August 2010, the Council adopted Decision 2010/452/CFSP (1), which extended the European Union Monitoring Mission in Georgia (‘EUMM Georgia’ or the ‘Mission’), established by Council Joint Action 2008/736/CFSP (2). Decision 2010/452/CFSP expires on 14 December 2016.

               (2)

               Following the 2016 Strategic Review, EUMM Georgia should be extended for a further period of two years.

               (3)

               Decision 2010/452/CFSP should be amended accordingly.

               (4)

               The Mission will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/452/CFSP is amended as follows:

               (1)

               in Article 14(1), the following subparagraph is added:
               ‘The financial reference amount intended to cover the expenditure related to the Mission between 15 December 2016 and 14 December 2017 shall be EUR 18 000 000.’;

               (2)

               in Article 18, the second paragraph is replaced by the following:
               ‘It shall expire on 14 December 2018.’.

         Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 15 December 2016.

      Done at Brussels, 12 December 2016.

            For the Council

            The President

         F. MOGHERINI

      (1)  Council Decision 2010/452/CFSP of 12 August 2010 on the European Union Monitoring Mission in Georgia, EUMM Georgia (OJ L 213, 13.8.2010, p. 43).

      (2)  Council Joint Action 2008/736/CFSP of 15 September 2008 on the European Union Monitoring Mission in Georgia, EUMM Georgia (OJ L 248, 17.9.2008, p. 26).


title: Council Decision (EU) 2016/1000 of 17 June 2016 abrogating Decision 2009/416/EC on the existence of an excessive deficit in Ireland

text:
               22.6.2016

               EN

               Official Journal of the European Union

               L 164/12

         COUNCIL DECISION (EU) 2016/1000
   of 17 June 2016
   abrogating Decision 2009/416/EC on the existence of an excessive deficit in Ireland
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 126(12) thereof,
   Having regard to the recommendation from the European Commission,
   Whereas:

               (1)

               On 27 April 2009, by Council Decision 2009/416/EC (1) on the basis of a recommendation from the Commission, the Council decided, in accordance with Article 104(6) of the Treaty establishing the European Community (TEC), that an excessive deficit existed in Ireland. The Council noted that the general government deficit reached 6,3 % of GDP in 2008, thus above the Treaty reference value of 3 % of GDP and it was estimated to widen to 11 % of GDP in 2009. The general government gross debt was projected to reach the Treaty reference value of 60 % of GDP in 2009.

               (2)

               On 27 April 2009, in accordance with Article 104(7) TEC and Article 3(4) of Council Regulation (EC) No 1467/97 (2), the Council, on the basis of a recommendation from the Commission, addressed a recommendation to Ireland to correct the excessive deficit by 2013. That Council recommendation was made public.

               (3)

               On 2 December 2009, the Council concluded that the Irish authorities had taken effective action in compliance with the Council Recommendation of 27 April 2009 but that unexpected adverse economic events with major unfavourable consequences for public finances could be considered to have occurred in Ireland after the adoption of that Recommendation. Therefore, the Council, on the basis of a recommendation from the Commission, considered that the conditions provided for in Article 3(5) of Regulation (EC) No 1467/97 had been fulfilled and adopted a new recommendation addressed to Ireland under Article 126(7) of the Treaty on the Functioning of the European Union (TFEU) with a view to bringing the excessive deficit situation to an end by 2014 (3).

               (4)

               On 7 December 2010, the Council concluded that unexpected adverse economic events with major unfavourable consequences for public finances, in particular with reference to the substantial banking sector support measures that had to be implemented, had occurred in Ireland. Therefore, the Council, following a recommendation from the Commission, adopted a new recommendation addressed to Ireland under Article 126(7) TFEU, setting a 2015 deadline for the correction of the excessive deficit (4). At the same time, following the request by the Irish authorities for financial assistance from the Union, the Member States whose currency is the euro and the International Monetary Fund (IMF), the Council adopted Implementing Decision 2011/77/EU (5) on granting financial assistance to Ireland and on specific measures to restore financial stability and sustainable growth. The Memorandum of Understanding on Specific Economic Policy Conditionality between the Commission and the Irish authorities was signed on 16 December 2010.

               (5)

               On 24 August 2011, the Commission concluded that Ireland had taken effective action towards correcting the excessive deficit by 2015 as recommended by the Council on 7 December 2010.

               (6)

               In accordance with Article 10(2)(a) of Regulation (EU) No 472/2013 of the European Parliament and of the Council (6), Ireland was exempted from a separate reporting requirement under the excessive deficit procedure and reported in the framework of its financial assistance programme.

               (7)

               In December 2013, Ireland successfully completed the EU-IMF financial assistance programme, with the vast majority of policy conditions under the programme having been met and investor confidence in the sovereign and the banking sector restored.

               (8)

               In accordance with Article 4 of Protocol (No 12) on the excessive deficit procedure annexed to the Treaty on European Union and to the TFEU, the Commission provides the data for the implementation of the procedure. As part of the application of that Protocol, Member States are to notify data on government deficits and debt and other associated variables twice a year, namely before 1 April and before 1 October, in accordance with Article 3 of Council Regulation (EC) No 479/2009 (7).

               (9)

               The Council is to take a decision to abrogate a decision on the existence of an excessive deficit on the basis of notified data. Moreover, a decision on the existence of an excessive deficit is to be abrogated only if the Commission's forecasts indicate that the deficit will not exceed the Treaty reference value of 3 % of GDP over the forecast horizon (8).

               (10)

               Based on data provided by the Commission (Eurostat) in accordance with Article 14 of Regulation (EC) No 479/2009, following the notification by Ireland in April 2016, the 2016 Stability Programme and the Commission's 2016 spring forecast, the following conclusions are justified:

                           —

                           Since 2009, when the deficit peaked at around 11,5 % of GDP, excluding deficit-increasing one-off measures related to financial sector support, the general government balance has steadily improved, with the deficit declining to 3,8 % of GDP in 2014 and to 2,3 % of GDP in 2015 (1,3 % of GDP if a one-off transaction is excluded (9)). Overall, the deficit reduction was mainly driven by expenditure restraint, with the weight of current primary expenditure as a share of GDP declining by 8,5 % between 2010 and 2015, while the revenue-to-GDP ratio declined by 0,5 % during the same period.

                           —

                           The 2016 stability programme, submitted by Ireland on 29 April 2016, plans a decline in the general government deficit to 1,1 % of GDP in 2016 and, based on a no-policy-change assumption, to 0,4 % of GDP in 2017 (10). The Commission's 2016 spring forecast projects a deficit of 1,1 % of GDP in 2016 and, based on a no-policy-change assumption, of 0,6 % of GDP in 2017. Thus, the deficit is set to remain below the Treaty reference value of 3 % of GDP over the forecast horizon.

                           —

                           The Commission estimates the structural balance, which is the general government balance adjusted for the economic cycle and net of one-off and other temporary measures, to have improved by 6,7 % of GDP over the period 2011-2015.

                           —

                           Ireland's general government gross debt-to-GDP ratio has steadily fallen, having peaked at 120 % in 2012, and is projected to be on a downward path over the forecast horizon. In particular, gross government debt fell to 93,8 % of GDP in 2015 from 107,5 % of GDP in 2014, due to the surge in nominal GDP and the sale of state assets, and is projected to decline further to 89,1 % of GDP in 2016. The gross government debt ratio is forecast to continue decreasing to 86,6 % of GDP in 2017, also due to favourable cyclical conditions, historically low interest rates and primary budget surpluses.

               (11)

               As from 2016, which is the year following the correction of the excessive deficit, Ireland is subject to the preventive arm of the Stability and Growth Pact and should progress towards its medium-term budgetary objective at an appropriate pace, including respecting the expenditure benchmark, and comply with the debt criterion in accordance with Article 2(1a) of Regulation (EC) No 1467/97. In that context, there appears to be a risk of some deviation from the required adjustment path towards the medium-term budgetary objective in 2016, while Ireland is projected to be compliant in 2017. Ireland is projected to be compliant with the transitional debt rule in both years. Overall, further measures will be needed in 2016.

               (12)

               In accordance with Article 126(12) TFEU, a Council Decision on the existence of an excessive deficit is to be abrogated when the excessive deficit in the Member State concerned has, in the view of the Council, been corrected.

               (13)

               In the view of the Council, the excessive deficit in Ireland has been corrected and Decision 2009/416/EC should therefore be abrogated,

         HAS ADOPTED THIS DECISION:
   Article 1
   From an overall assessment it follows that the excessive deficit situation in Ireland has been corrected.
   Article 2
   Decision 2009/416/EC is abrogated.
   Article 3
   This Decision is addressed to Ireland.

      Done at Luxembourg, 17 June 2016.

            For the Council

            The President

         J.R.V.A. DIJSSELBLOEM

      (1)  Council Decision 2009/416/EC of 27 April 2009 on the existence of an excessive deficit in Ireland (OJ L 135, 30.5.2009, p. 23).

      (2)  Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (OJ L 209, 2.8.1997, p. 6).

      (3)  Council Recommendation of 2 December 2009 with a view to bringing to an end the situation of an excessive deficit in Ireland.

      (4)  Council Recommendation of 7 December 2010 with a view to bringing to an end the situation of an excessive deficit in Ireland.

      (5)  Council Implementing Decision 2011/77/EU of 7 December 2010 on granting Union financial assistance to Ireland (OJ L 30, 4.2.2011, p. 34).

      (6)  Regulation (EU) No 472/2013 of the European Parliament and of the Council of 21 May 2013 on the strengthening of economic and budgetary surveillance of Member States in the euro area experiencing or threatened with serious difficulties with respect to their financial stability (OJ L 140, 27.5.2013, p. 1).

      (7)  Council Regulation (EC) No 479/2009 of 25 May 2009 on the application of the Protocol on the excessive deficit procedure annexed to the Treaty establishing the European Community (OJ L 145, 10.6.2009, p. 1).

      (8)  In line with the ‘Specifications on the implementation of the Stability and Growth Pact and Guidelines on the format and content of Stability and Convergence Programmes’ of 3 September 2012. See: http://ec.europa.eu/economy_finance/economic_governance/sgp/pdf/coc/code_of_conduct_en.pdf

      (9)  In 2015, under the planned restructuring of the Allied Irish Bank (AIB)'s capital base, part of the government's preference shares were converted into ordinary shares. This conversion was done in preparation for the envisaged sale of those shares, as part of the plans of the Irish government to return the bank to private ownership. Under applicable accounting rules, this conversion increased Ireland's general government expenditure (and, consequently, its general government deficit) in 2015.

      (10)  As government formation talks following the February general election were ongoing at end-April, the 2016 stability programme submitted by Ireland was prepared on a no-policy-change basis.


title: EFTA Surveillance Authority Decision No 545/14/COL of 8 December 2014 authorising Iceland to derogate from certain common aviation safety rules pursuant to Article 14(6) of the Act referred to at point 66n of Annex XIII to the Agreement on the European Economic Area (Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC, as amended) and repealing College Decision 362/14/COL of 14 September 2014 [2015/1946]

text:
               29.10.2015

               EN

               Official Journal of the European Union

               L 283/22

         EFTA SURVEILLANCE AUTHORITY DECISION
   No 545/14/COL
   of 8 December 2014
   authorising Iceland to derogate from certain common aviation safety rules pursuant to Article 14(6) of the Act referred to at point 66n of Annex XIII to the Agreement on the European Economic Area (Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC, as amended) and repealing College Decision 362/14/COL of 14 September 2014 [2015/1946]
   THE EFTA SURVEILLANCE AUTHORITY,

      Having regard to Article 14(6) and (7) of the Act referred to at point 66n of Annex XIII to the EEA Agreement, as adapted by EEA Joint Committee Decision No 163/2011 of 19 December 2011,
      Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC, as amended;
      and to Article CAT.POL.A.210(b)(2), (b)(4) and (b)(5) of Annex IV of the Act referred to at point 66nf of Annex XIII to the EEA Agreement as adapted by EEA Joint Committee Decision No 147/2013 of 15 July 2013,
      Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council, as amended;
      both as adapted to the EEA Agreement by Protocol 1 thereto,

   Having regard to the opinion of the EFTA Transport Committee delivered on 3 September 2014,
   Whereas:

               (1)

               Iceland has requested to apply a certain derogation from the common aviation safety rules contained in the rules implementing Regulation (EC) No 216/2008.

               (2)

               Pursuant to Article 14(7) of that Regulation, as adapted, the EFTA Surveillance Authority has assessed the need for, and the level of protection emerging from, the derogation requested, based on recommendations from the European Aviation Safety Agency, issued on 17 June 2011, 31 July 2014 and 12 November 2014. The Authority concludes that the variation will provide for a level of protection equivalent to the one attained by the application of the common aviation safety rules, provided that certain conditions are met.

               (3)

               Pursuant to Article 14(7) of Regulation (EC) No 216/2008, as adapted, the EFTA Surveillance Authority shall notify its decision to all EFTA States, which shall also be entitled to apply that derogation.

               (4)

               Pursuant to Article 14(7) of Regulation (EC) No 216/2008, as adapted, when the European Commission and the EFTA Surveillance Authority exchange information on a decision taken pursuant to Article 14(7), the European Commission shall communicate the information received from the EFTA Surveillance Authority to the EU Member States and the EFTA Surveillance Authority shall communicate the information received from the European Commission to the EFTA States.

               (5)

               The description of the derogation, as well as the conditions attached to it, should be such as to enable other EFTA States to apply that measure when they are in the same situation, without requiring further approval from the EFTA Surveillance Authority. Nevertheless, EFTA States should notify the application of derogations, as they may have effects outside that state.

               (6)

               The measures provided for in this Decision are in accordance with the opinion of the EFTA Transport Committee,

         HAS ADOPTED THIS DECISION:
   Article 1
   By this Decision, Decision No 362/14/COL is repealed.
   Article 2
   Iceland may derogate from the requirements of Article CAT.POL.A.210(b)(2), (b)(4) and (b)(5) of Annex IV of Regulation (EU) No 965/2012, as specified in the Annex to this Decision, provided that conditions specified in Section 2 of the Annex to this Decision are complied with.
   Article 3
   All EFTA States shall be entitled to apply the same measures referred to in Article 2, as specified in the Annex to this Decision, and subject to the notification obligation set out in Article 14(6) Regulation (EC) No 216/2008, as adapted.
   Article 4
   The Decision is addressed to Iceland. It is authentic in the English language.
   Article 5
   This Decision shall be notified to Iceland, Liechtenstein, Norway and to the European Commission.

      Done at Brussels, 8 December 2014.

            For the EFTA Surveillance Authority

         Helga JÓNSDÓTTIR

            College Member

         Xavier LEWIS

            Director

      ANNEX

         DEROGATION BY ICELAND FROM COMMISSION REGULATION (EU) No 965/2012 WITH RESPECT TO TAKE-OFF OBSTACLE CLEARANCE AT ÍSAFJÖRÐUR AIRPORT, ICELAND (BIIS)

      1.   DESCRIPTION OF THE DEROGATION
      Iceland may, by derogation from Article CAT.POL.A.210(b)(2), (b)(4) and (b)(5) Take-off obstacle clearance of Annex IV (Part CAT) to Regulation (EU) No 965/2012 (1), as amended, allow the air operator Air Iceland (Flugfélag Íslands), to use 25 degrees bank angle at 100 ft for their F50 and Dash 8 aeroplanes at Ísafjörður airport, Iceland (BIIS), to comply with take-off obstacle clearance requirements specified in Article CAT.POL.A.210 of Annex IV to Regulation (EU) No 965/2012.
      2.   CONDITIONS ATTACHED TO THE APPLICATION OF THE DEROGATION
      The derogation is restricted as regards operational conditions at Ísafjörður airport, Iceland (BIIS), as regards the weather minima ceiling and visibility criteria, wind and runway contamination criteria as described in the European Aviation Safety Agency's Operational Evaluation Report, dated 17 June 2011.
      This derogation applies to air operator Air Iceland (Flugfélag Íslands) on the basis of the additional measures implemented by the air operator to achieve a safety level equivalent to that attained by the application of the common technical requirements and administrative procedures set out in Regulation (EU) No 965/2012 as amended. The additional measures relate to aircraft performance, crew selection and training, crew qualification and competence validity period, aircraft MEL restrictions, the air operator's quality system and safety management system, additional operating procedures and electronic crew briefing for the operation to BIIS and are described in the European Aviation Safety Agency's Operational Evaluation Report referred to above.

         (1)  The Act referred to at point 66nf of Annex XIII to the EEA Agreement, as adapted by EEA Joint Committee Decision No 147/2013 of 15 July 2013 (Regulation (EU) No 965/2012 of 5 October 2012 laying down technical requirements and administrative procedures related to air operations pursuant to Regulation (EC) No 216/2008 of the European Parliament and of the Council) as amended by Regulation (EU) No 800/2013 of 14 August 2013 and Regulation (EU) No 83/2014 of 29 January 2014, as adapted to the EEA Agreement by Protocol 1 thereto (‘Regulation (EU) No 965/2012’).


Avis juridique important

|

31999D0055

1999/55/EC: Commission Decision of 21 December 1998 terminating the anti-dumping proceeding concerning imports of certain laser optical reading systems, and the main constituent elements thereof, for use in motor vehicles, originating in Japan, Korea, Malaysia, the People's Republic of China and Taiwan (notified under document number C(1998) 4329)

Official Journal L 018 , 23/01/1999 P. 0062 - 0065

COMMISSION DECISION of 21 December 1998 terminating the anti-dumping proceeding concerning imports of certain laser optical reading systems, and the main constituent elements thereof, for use in motor vehicles, originating in Japan, Korea, Malaysia, the People's Republic of China and Taiwan (notified under document number C(1998) 4329) (1999/55/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1), as last amended by Regulation (EC) No 905/98 (2), and in particular Article 9 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE 1. Initiation (1) On 12 September 1997, a complaint was lodged pursuant to Article 5 of Council Regulation (EC) No 384/96 (hereinafter 'the Basic Regulation`), by the Association for Laser Optical Reading Systems on behalf of Community producers whose collective output represented significantly more than 50 % of the total Community production of certain laser optical reading systems for use in motor vehicles (LORS). The complaint contained sufficient evidence of injurious dumping to justify the opening of an anti-dumping proceeding.(2) On 25 October 1997, the Commission announced by means of a notice published in the Official Journal of the European Communities (3) the initiation of an anti-dumping proceeding concerning imports into the European Community of LORS originating in Japan, Korea, Malaysia, the People's Republic of China (hereinafter 'the PRC`) and Taiwan and commenced an investigation.2. Investigation period (3) The investigation period for the determination of dumping covered the period from l October 1996 to 30 September 1997 (hereinafter referred to as 'the investigation period`). The examination of injury covers the period January 1994 to the end of the investigation period.B. PRODUCT UNDER CONSIDERATION AND LIKE PRODUCT 1. General remarks (4) In the notice of initiation, the Commission had defined the product scope as laser optical reading systems comprising compact disc tuners (CD tuners), disc-changers and car radios with a disc control device (car radio).(5) The further investigation has firstly established that the above elements taken together cannot be regarded as a 'system` forming one single product, in spite of certain given functional links existing between these elements, as this would require that the elements could only properly function together. Indeed, the car radio can function on its own and does also not contain a laser optical reading mechanism. A CD tuner likewise can function on its own. The disc-changer is the only element which must be linked to one of the other elements in order to function. However, this cannot be considered sufficient to characterise all three elements taken together as a system and thus one single product.(6) Secondly, the investigation has by the same token established that the product coverage would encompass, with respect to car radios, a large percentage of these elements even if they are used outside the laser optical reading system, i.e. if they would not be used to reproduce CDs.(7) For these reasons, it is considered that the abovementioned three elements cannot be regarded as one system consisting of one single product. Therefore, given the results of the investigation, it was necessary to assess the three products separately, namely car radios, CD tuners and disc-changers.2. Car radios (8) With respect to car radios, the Community industry has agreed on reducing the product concerned by the present proceeding to CD tuners and disc-changers by withdrawing the complaint as far as car radios are concerned. As the investigation has not revealed any Community interest grounds to continue with the proceeding in the absence of a complaint, the proceeding with respect to car radios should thus be terminated in accordance with Article 9(1) of the Basic Regulation.3. CD tuners 3.1. Product under consideration and like product (9) CD tuners are products which incorporate in a single housing a compact disc player, able to reproduce (read) digital audio signals (essentially music) stored on one or more CDs, without having the ability to record such audio signals (CN codes 8527 21 20 and 8527 21 70). A CD tuner generally also incorporates a radio broadcast receiver. In this respect it was established that CD tuners manufactured and sold by the Community producers in the Community market are alike, or closely resemble, CD tuners manufactured in and sold for export from the countries concerned to the Community. Furthermore, CD tuners sold in the countries concerned are also alike, or closely resemble, CD tuners sold for export from the countries concerned to the Community. All these products therefore are to be considered a single product within the meaning of Article 1(4) of the Basic Regulation.3.2. Dumping and injury (10) The investigation established the existence of dumping and injury. However, given the conclusions as set out below, it is not necessary to detail these findings.3.3. Causation (11) Pursuant to Articles 3(6) and 3(7) of the Basic Regulation, it was examined whether the imports concerned have caused material injury or whether the injury was caused by effects other than dumping.(12) In this respect, the market share of the dumped imports decreased by nine percentage points between 1994 and the investigation period, i.e. from around 61 % to around 52 %, while Community consumption increased by around 129 % during the same period of time. This indicates that the exporters from the countries concerned, while increasing their exports in absolute terms, did not do so to an extent reflecting the massive expansion of the consumption in the Community.Prices of the exporters have declined by more than 18 % between 1994 and the investigation period. By comparison, the Community industry only reduced their prices by around 8 %.Limited price undercutting was found for the imports concerned. In addition, it mainly concerned non-homogeneous products with a great variety of features and technical differences and subject to rapid technological development. Therefore, the effects of the undercutting cannot be found to have had a clear material impact on the Community industry's prices.(13) The Commission has also examined other factors that may have had an effect on the situation of the Community industry.With respect to other third countries, between 1994 and the investigation period, their import volumes have increased significantly more than both the consumption and the imports from the countries concerned, i.e. by 700 % (from around 67 000 units to around 500 000 units), and their market shares also went up considerably by 16 percentage points, from around 8 % to around 24 %. This shows that these other imports have fully participated in and even increased more quickly than the expansion found for the Community consumption.As regards prices, limited information gathered from certain cooperating interested parties may indicate that there has been high price undercutting by these imports.The increase of the market share of the imports from third countries by 16 percentage points, seen in comparison to the loss of market share of the exports from the countries concerned of around nine percentage points, and the loss of the Community industry of two percentage points, demonstrates that the exports from the countries concerned have been more than fully replaced by the imports from the abovementioned third countries. Indeed, it appears that the market shares of both the Community industry and the exporters from the countries concerned suffered from these imports.(14) In view of the above and particular attention paid to imports from other third countries, it would appear that imports from the countries concerned did not in isolation have a materially injurious impact on the situation of the Community industry. Imports from other third countries have contributed to such an extent to the precarious situation of the Community industry that they should be considered as breaking the causal link between the dumping and the injury found.3.4. Conclusion (15) The proceeding with respect to CD tuners should therefore be terminated.4. Disc-changers 4.1. Product under consideration and like product (16) With respect to disc-changers, these are sound-reproducing apparatus with a laser reading system usually placed in the boot of a motor vehicle (CN code ex 8519 99 18). They are able to store and process several CDs. In order to function and to reproduce sounds, they must be connected to a 'head` unit with a disc control device (usually a car radio). In this respect the investigation has established that disc-changers manufactured and sold by the Community industry in the Community market are alike, or closely resemble, disc-changers manufactured in and sold for export from the countries concerned to the Community. Furthermore, disc-changers sold in the countries concerned are also alike, or closely resemble, disc-changers sold for export from the countries concerned to the Community. All these products therefore are to be considered a single product within the meaning of Article 1(4) of the Basic Regulation.4.2. Dumping, injury and causation (17) The investigation established the existence of injurious dumping. However, given the conclusions as set out below, it is not necessary to detail these findings.4.3. Community interest (18) When assessing the Community interest aspects of the present case, the Commission examined the likely costs and benefits that the imposition of measures would have on the economic operators concerned.The market share of the Community industry started from 0 % in 1996 but still only reached 1,4 % during the investigation period. On the basis of an average duty of 20 % on the imports value of the product concerned, the amount of duties imposed on imports of this product would represent between 6 and 10 times the total value of production of the Community industry during the investigation period. Even if production were to be expanded in accordance with the plans of the Community industry, the total value of production would, in the foreseeable future, only be a fraction of the amount of duties imposed. The above situation results from the fact that around 81 % of the disc-changers sold within the Community during the investigation period originated in the countries under investigation.In addition, when setting up its production, the Community industry was well aware that it was doing so in an environment of depressed prices. Disc-changers had been on the market for a number of years and have indeed been imported by the Community industry, mainly from Japan. The Community industry only commenced with its Community activity in 1996, when the product was already well-established on the market, i.e. at a very late stage. Under these circumstances it is difficult to assess the future development of the industry and the possible beneficial effect of measures.Furthermore, the overall advantages to be gained by the Community industry in this particular situation, which are likely to be minimal given the relatively low level of employment immediately affected, must be weighed against the probable disadvantages, in particular for consumers. Indeed, the product under consideration is a widespread consumer electronics product with a large growth potential. It is likely that the imposition of duties would severely limit consumer choice, as many exporters, especially those with high duties, would be likely to withdraw from the Community market. This loss of choice as regards the current variety of models available could not be compensated in the foreseeable future by the Community industry. The current high market presence of these exporters and the fact that they offer a wide model range comprising high quality products would mean that, if they were to withdraw, consumers would be deprived of taking advantage of technological variety and development, without having any viable alternative in the foreseeable future. In this situation it is considered that the interests of consumers are by far outweighing the interests of the Community industry.In such a situation, it can be considered that the imposition of measures would disproportionately affect importers, traders and consumers of the product concerned.Conclusion on Community interest (19) In view of all the above, compelling reasons exist on Community interest grounds not to adopt anti-dumping measures as regards imports of disc-changers from the countries concerned.4.4. Conclusion (20) Under these circumstances, the proceeding with respect to disc-changers should be terminated on the grounds of Community interest.C. TERMINATION OF THE PROCEEDING (21) The complainants were informed of the essential facts and considerations on the basis of which the Commission intended to terminate this proceeding. Subsequently, the complainants made known their views, which were then examined in detail by the Commission,HAS DECIDED AS FOLLOWS:Sole Article The anti-dumping proceeding concerning imports of certain laser optical reading systems, and the main constituent elements thereof, for use in motor vehicles, falling within CN codes 8527 21 20, 8527 21 70, and ex 8519 99 18, originating in Japan, Korea, Malaysia, the People's Republic of China and Taiwan is hereby terminated.Done at Brussels, 21 December 1998.For the CommissionLeon BRITTANVice-President(1) OJ L 56, 6. 3. 1996, p. 1.(2) OJ L 128, 30. 4. 1998, p. 18.(3) OJ C 324, 25. 10. 1997, p. 2.


title: 77/261/Euratom: Council Decision of 29 March 1977 on the appointment of the members of the Advisory Committee of the Euratom Supply Agency

text:
5 . 4. 77                                 Official Journal of the European Communities                                 No L 87 / 25
                                                                   II
                                              (Acts whose publication is not obligatory)
                                                         COUNCIL
                                                      COUNCIL DECISION
                                                         of 29 March 1977
                on the appointment of the members of the Advisory Committee of the Euratom
                                                           Supply Agency
                                                          (77/ 261 ,/ Euratom )
THE COUNCIL OF THE EUROPEAN                                                                     Article 2
COMMUNITIES ,
Having regard to the Statutes of the Euratom Supply                            appointments referred to in Article 1 shall take
Agency (■), as modified by Decision 73 /4 S/ Euratom                     effect on the, date on which the Council receives
       in particular Article X thereof,                                  fication of acccptance from the members.
Having regard to the proposals from the Member
States,
Having regard to the opinion of the Commission ,
HAS DECIDED AS FOLLOWS
                                                                         Done at Brussels , 29 March 1977 .
                            Article 1                                                                /■'or the Council
The persons whose names appear in the Annex arc                                                         /'he President !
hereby appointed members of the Advisory
Committee of the Euratom Supply Agency .                                                                   T. BENN
(') OJ No 27 , 6 . I 2 . 1958 , p. 54 / S 8 .
(-') OJ No L Hi , M ).     1973 , p 20 .
 ---pagebreak--- No L 87/26                       Official Journal of the European Communities                      5 . 4 . 77
                    ANNEXE — Æ/ZylC — ANHANG — ANNEX — ALLEGATO — BIJLAGE
           Liste des personnes nommees membres du comité consultatif de l'agence d'approvision
                                                   nement d'Euratom
           Liste over personer, der er udnævnt til medlemmer af Det rådgivende udvalg for Euratoms
                                                   Forsyningsagentur
           Liste der zu Mitgliedern des Beirats der Euratom -Versorgungsagentur ernannten Personen
           List of persons appointed members of the Advisory Committee of the Euratom Supply
                                                         Agency
           Elenco delle persone nominate membri del comitato consultivo dell'agenzia d'approvvi
                                               gionamento dell'Euratom
           Lijst van personen benoemd tot lid van het Raadgevend Comité van het Voorzienings
                                               agentschap van Euratom
                                                   BELGIQUE/BELGIË
           M. F. Dierkens                Secrétaire général de la société Synatom
           M. R. Vandamme                Ingénieur en chef,
                                         directeur au ministère des Affaires économiques
           M. D. Dewez                   Directeur à la Société générale des minerais
                                                       DANMARK
           Hr. Erik Bastrup-Birk         Kontorchef, Energistyrelsen
           Hr. Eyvind Moe                Ekspeditionssekretær, Handelsministeriet
                                                    DEUTSCHLAND
           Regierungsdirektor            Bundesministerium für Forschung und Technologie
           Dr . Karl A. Keltsch
                                         Bonn — Bad Godesberg
                                         Stresemannstraße 2
           Oberregierungsrat             Bundesministerium für Forschung und Technologie
           Dr. Hauerstein
                                         Bonn — Bad Godesberg
                                         Stresemannstraße 2
           Ministerialrat
           Dr. Hans Struck               53 Bonn — Duisdorf
                                         Villemombler Straße 76
           Dipl . Ing.
           Wolfgang Schober              Bayernwerk AG
                                         8 München 2
                                         Blutenburgstraße 6
           Dr. Albrecht von Kienlin      Geschäftsführer der Urangesellschaft
                                         6 Frankfurt
                                         Postfach 174 193
           Dr. Manfred Stephany          Geschäftsführer der NUKF.M
                                         6450 Hanau
                                         Postfach 869
 ---pagebreak---                                                                                1
5 . 4 . 77                         Official Journal of the European Communities                              No L 87/27
                                                            FRANCE
           M. Michel Houdaille             Société Minatome
           M. Philippe Kayser              Directeur commercial société Imetal
           M. Pierre Leonardi              Délégation générale à l'Énergie
           M. François Minnard             Chef du département * Combustibles » au service de la production
                                           thermique — EDF
           M. Jose Peix                    Compagnie générale des matières nucléaires ( Cogema)
           M. André Petit                  Direction des relations internationales ( CEA)
                                                           IRELAND
           Mr Sean F. Coakley              Divisional Engineer (Projects) Electricity Supply Board
                                           Stephen Court
                                           St Stephen's Green
                                           Dublin 2
                                                             ITALIA
           Prof . Maurizio Zifferero       Direttore settore combustibile CNEN
           Dott . Umberto Belelli          Direttore ENEL
           Ing . Giuseppe Arcelli          Vicedirettore generale Società fabbricazioni nucleari ( I R I )
           Ing . Giulio Cesoni             Direttore sezione energia nucleare FIAT
           Ing . Alberto Vaudo             Dirigente società Montecatini-Edison
           Dott . Giuseppe Benevolo        Dirigente. EN I
                                                        NEDERLAND
           Dr. ir. H. Hoog                 Voorzitter van het bestuur van het Reactor Centrum Nederland
           Prof. ir. J. Pelser             Technisch directeur van het Reactor Centrum Nederland
           Ir. R. van Erpers Royaards      Directeur van de NV Gemeenschappelijke Kemenergiecentrale Ne
                                           derland
                                                    UNITED KINGDOM
           Mr W. C. F. Butler              Department    of  Energy
           Mr R. W. Nichols                Department   of   Energy
           Mr P. Daniel                    Rio Tinto Zinc Services Ltd
           Mr J. A. Waddams                British Nuclear Fuels Ltd
           Dr J. K. Wright                 Central Electricity Generating Board
           Miss B. D. McLean               UK Atomic Energy Authority


Avis juridique important

|

31997D0472

97/472/EC: Council Decision of 22 July 1997 providing macro-financial assistance for Bulgaria

Official Journal L 200 , 29/07/1997 P. 0061 - 0062

COUNCIL DECISION of 22 July 1997 providing macro-financial assistance for Bulgaria (97/472/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,Having regard to the proposal of the Commission (1),Having regard to the opinion of the European Parliament (2),Whereas the Commission has consulted the Monetary Committee before submitting its proposal;Whereas Bulgaria is undertaking fundamental economic reforms and is making strenuous efforts to implement a market economy model;Whereas a Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part (3) has been concluded;Whereas, by Decision 91/311/EEC (4), the Council decided to grant Bulgaria medium-term financial assistance for an amount of ECU 290 million, to ensure a sustainable balance of payments by that country, and whereas, by Decision 92/511/EEC (5), the Council decided to grant Bulgaria further assistance for an amount of ECU 110 million;Whereas however additional adjustment and reform measures are necessary in Bulgaria to strengthen the financial sector and to accelerate privatization;Whereas Bulgaria has reached an agreement with the International Monetary Fund (IMF) in April 1997 on an economic programme which would be supported by a 'stand-by` arrangement;Whereas the authorities of Bulgaria have requested financial assistance from the international financial institutions, the Community and other bilateral donors; whereas, over and above the estimated financing which could be provided from private sources and by the IMF and the World Bank, a residual financing gap of some US $ 550 million remains to be covered during the programme period in order to strengthen Bulgaria's reserve position and support the policy objectives attached to the government's economic programme;Whereas the provision by the Community of a new long-term loan to Bulgaria is an appropriate measure to support the balance of payments and to strengthen the country's reserve position;Whereas the Community loan should be managed by the Commission;Whereas, for the adoption of this Decision, the Treaty does not provide for powers to act other than those of Article 235,HAS DECIDED AS FOLLOWS:Article 1 1. The Community shall make available to Bulgaria a long-term loan facility of a maximum principal amount of ECU 250 million, with a maximum maturity of ten years, with a view to ensuring a sustainable balance-of-payments situation and strengthening the country's reserve position.2. To this end, the Commission is empowered to borrow, on behalf of the European Community, the necessary resources that will be placed at the disposal of Bulgaria in the form of a loan.3. This loan will be managed by the Commission in close consultation with the Monetary Committee and in a manner consistent with an agreement reached between the International Monetary Fund and Bulgaria.Article 2 1. The Commission is empowered to agree with the authorities of Bulgaria, after consultation with the Monetary Committee, the economic policy conditions attached to the loan. These conditions shall be consistent with the agreements referred to in Article 1 (3).2. The Commission shall verify at regular intervals, in collaboration with the Monetary Committee and in coordination with the International Monetary Fund, that Bulgaria's economic policy is in accordance with the objectives of this loan and that its conditions are being fulfilled.Article 3 1. The loan shall be made available to Bulgaria in at least two instalments. Subject to Article 2 the first instalment is to be released on the basis of the completion of the first review of the 'stand-by` arrangement agreed with the International Monetary Fund.2. Subject to Article 2 the later instalments shall be released on the basis of a satisfactory continuation of the 'stand-by` arrangement and not before three months after the release of the first instalment.3. The funds shall be paid to the Bulgarian National Bank.Article 4 1. The borrowing and lending operations referred to in Article 1 shall be carried out using the same value date and must not involve the Community in the transformation of maturities, in any exchange or interest rate risk, or in any other commercial risk.2. The Commission shall take the necessary steps, if Bulgaria so requests, to ensure that an early repayment clause is included in the loan conditions and that it may be exercised.3. At the request of Bulgaria, and where circumstances permit an improvement in the interest rate on the loans, the Commission may refinance all or part of its initial borrowings or restructure the corresponding financial conditions. Refinancing or restructuring operations shall be carried out in accordance with the conditions set out in paragraph 1 and shall not have the effect of extending the average duration of the borrowing concerned or increasing the amount, expressed at the current exchange rate, of capital outstanding at the date of refinancing or restructuring.4. All related costs incurred by the Community in concluding and carrying out the operation under this Decision shall be borne by Bulgaria.5. The Monetary Committee shall be kept informed of developments in the operations referred to in paragraphs 2 and 3 at least once a year.Article 5 At least once a year the Commission shall address to the European Parliament and to the Council a report, which will include an evaluation, on the implementation of this Decision.Done at Brussels, 22 July 1997.For the CouncilThe PresidentJ. POOS(1) OJ No C 190, 21. 6. 1997, p. 29.(2) OJ No C 200, 30. 6. 1997.(3) OJ No L 358, 31. 12. 1994, p. 2. Agreement as last amended by a Third Additional Protocol (OJ No L 103, 26. 4. 1996, p. 53).(4) OJ No L 174, 3. 7. 1991, p. 36.(5) OJ No L 317, 31. 10. 1992, p. 94.


title: 2009/186/EC: Decision of the European Parliament of 22 April 2008 on discharge in respect of the implementation of the European Union general budget for the financial year 2006, section II — Council

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/19

         DECISION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   on discharge in respect of the implementation of the European Union general budget for the financial year 2006, section II — Council
   (2009/186/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2006 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2006 — Volume I (C6-0364/2007) (2),
   having regard to the Council's annual report to the discharge authority on internal audits carried out in 2006,
   having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2006 and the Court of Auditors' special reports, together with the audited institutions' replies (3),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),
   having regard to Articles 272(10), 274, 275 and 276 of the EC Treaty,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A6-0096/2008),

               1.

               Grants the Secretary-General of the Council discharge in respect of the implementation of the Council budget for the financial year 2006;

               2.

               Sets out its observations in the Resolution below;

               3.

               Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the Council, the Commission, the Court of Justice, the Court of Auditors and the European Investment Bank, and to the national and regional audit institutions of the Member States, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ L 78, 15.3.2006.

      (2)  OJ C 274, 15.11.2007, p. 1.

      (3)  OJ C 273, 15.11.2007, p. 1.

      (4)  OJ C 274, 15.11.2007, p. 130.

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

               31.3.2009

               EN

               Official Journal of the European Union

               L 88/20

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   with observations forming an integral part of the decision on discharge in respect of the implementation of the European Union general budget for the financial year 2006, section II — Council
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2006 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2006 — Volume I (C6-0364/2007) (2),
   having regard to the Council's annual report to the discharge authority on internal audits carried out in 2006,
   having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2006 and the Court of Auditors' special reports, together with the audited institutions' replies (3),
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (4),
   having regard to Articles 272(10), 274, 275 and 276 of the EC Treaty,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A6-0096/2008),

               1.

               Notes that in 2006 the Council had available commitment appropriations amounting to a total of EUR 626 102 378,31 (2005: 586 182 640,52), with a utilisation rate of 91,79 %, less than in 2005 (96,69 %);

               2.

               Notes that, following the introduction of accrual accounting with effect from 1 January 2005, the Council's financial statements disclose a positive economic out-turn of EUR 90 578 934 and identical amounts (EUR 498 579 523) of assets and liabilities;

               3.

               Regrets that, unlike other institutions, the Council does not submit an annual activity report to Parliament, citing the Gentleman's Agreement of 1970 (Resolution recorded in the minutes of the Council meeting of 22 April 1970) and the absence of any corresponding requirement in the Financial Regulation; calls on the Council to reconsider the decision not to publish and transmit to Parliament an activity report in order to be more accountable to the general public and taxpayers;

               4.

               Points to the finding of the European Court of Auditors (ECA) at paragraph 10.14 of its abovementioned annual report that the Council extended a contract for the provision of telecommunication services for meetings of the European Council and incorrectly justified this extension with reference to Article 126(1)(e) of the Implementing Rules to the Financial Regulation;

               5.

               Agrees in this context with the ECA that an open tendering procedure should have been carried out before the expiry of the contract; understands however the exceptional circumstances which the Council referred to in its replies, namely that all efforts of the Council secretariat had to be concentrated on the projects related to the occupation of the new LEX building; notes that a further extension of the contract without tender took place in 2007; welcomes however the fact that a new tendering procedure has been launched and should provide for a new contract as from July 2008;

               6.

               Notes with satisfaction that the Council managed to reduce by approximately two-thirds the stock of compensatory leave granted to staff of the former A and B categories before 31 December 1997 and not taken; notes that the Council administration issued compulsory instructions aimed at the complete elimination of the remaining stocks by 2009, and encourages the Council to respect this self-imposed deadline;

               7.

               Welcomes the fact that the new internal mission rules of the General Secretariat of the Council concerning accommodation costs entered into force on 1 June 2007, earlier than originally foreseen by the Council (October 2007) in its follow-up to the ECA's observations for the financial year 2005;

               8.

               Notes with satisfaction the setting-up of a Task Force and the recommendations it has issued in order to reform the system for reimbursing the travel expenses of delegates of Council Members; supports the Council's intention to continue to carry out rigorous checks on the statements supplied by Member States until the new electronic badge system to be introduced by early 2009 functions properly;

               9.

               Notes that the Service for General Administrative Questions had been given, between 1 January 2005 and 1 July 2007, the task of, among others, coordinating and monitoring the implementation of the recommendations made by the Internal Auditor, thereby preventing him from ensuring the follow-up of his own recommendations; welcomes the fact that this responsibility has now been given back to the Internal Auditor;

               10.

               Points out that the abovementioned Gentlemen's Agreement provides, as regards the section of the budget concerning the Parliament, that ‘[t]he Council undertakes to make no amendments to the estimate of expenditure of the European Parliament. This undertaking shall only be binding in so far as this estimate of expenditure does not conflict with Community provisions, in particular with regard to the Staff Regulations of Officials and Conditions of Employment of Other Servants, and to the seat of the institutions’;

               11.

               Reiterates its opinion that in view of its age and the substantial shortfall between the words used and the meaning or interpretation which is attributed to them, the Gentlemen's Agreement should be revised; in any case, there is no obstacle at present to the Council being submitted to the normal discharge procedure, like the other institutions;

               12.

               Welcomes the fact, in this connection, that the Council and the other Community institutions and bodies all accept the established practice that Parliament grants their Secretaries-General discharge in respect of their implementation of the budget, but explicitly criticises the fact that the Financial Regulation contains no reference whatsoever to this procedure, but only provisions relating to the discharge to be granted to the Commission;

               13.

               Calls for maximum transparency in the area of Common Foreign and Security Policy (CFSP); requests the Council to make sure that, in accordance with point 42 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (6), no operating CFSP expenditure should appear in the Council's budget;

               14.

               Urges the Council to indicate the exact nature of expenses, item by item, within Title 3 (Expenditure arising out of the Institution's performance of its specific mission) (7) of Section II of the General Budget of the European Union for the financial year 2006, which is devoted to the Council, so as to enable Parliament to verify whether the abovementioned Interinstitutional Agreement is being complied with; reserves the right to take the necessary steps, where appropriate, where that Agreement is infringed;

               15.

               Requests the Council to provide it with ex-post assessments of individual European Security and Defence Policy missions and of the actions of EU Special Representatives, whose activities are, allegedly, regularly audited and assessed.

      (1)  OJ L 78, 15.3.2006.

      (2)  OJ C 274, 15.11.2007, p. 1.

      (3)  OJ C 273, 15.11.2007, p. 1.

      (4)  OJ C 274, 15.11.2007, p. 130.

      (5)  OJ L 248, 16.9.2002, p. 1.

      (6)  OJ C 139, 14.6.2006, p. 1.

      (7)  OJ L 78, 15.3.2006, p. I/273.


title: Commission Decision of 9 December 2013 amending Decision 2010/206/EU appointing the members of the group for technical advice on organic production and drawing up the pool list

text:
               10.12.2013

               EN

               Official Journal of the European Union

               C 360/13

         COMMISSION DECISION
   of 9 December 2013
   amending Decision 2010/206/EU appointing the members of the group for technical advice on organic production and drawing up the pool list
   2013/C 360/09
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Commission Decision 2009/427/EC of 3 June 2009 establishing the expert group for technical advice on organic production (1), and in particular Article 4(2) thereof,
   Whereas:

               (1)

               By Decision 2009/427/EC the Commission has set up the expert group for technical advice on organic production (‘the group’). By Commission Decision 2010/206/EU (2) the permanent members of the group have been appointed and the pool list has been drawn up for a period of application of that Decision ending on 31 December 2013.

               (2)

               Technical advice on organic production has an important role to play in the light of the evolution of the organic sector. It is also necessary to ensure continuity in relation to the work of the group. The application of Decision 2010/206/EU should therefore be extended and the mandate of the permanent members should be renewed for a second three-year term.

               (3)

               In accordance with Decision 2009/427/EC, it is necessary to fix a three-year period for the mandate of the permanent members and the period of application of this Decision. However, substance and practices authorisation procedure, including technical advice, will need to be adapted to forthcoming legislative developments relating to the organic production, if necessary within short time limits. The permanent members of the group should therefore be prepared for a possible review of their mandate in the light of the on-going review of the organic legislation.

               (4)

               Due to the resignations of three permanent members of the group, it is appropriate to appoint three experts from the pool list in Annex II to Decision 2010/206/EU as permanent members. The lists in Annex I and Annex II to that Decision should therefore be updated.

               (5)

               Decision 2010/206/EU should therefore be amended accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Decision 2010/206/EU is amended as follows:

               1.

               In Article 2 the date of ‘31 December 2013’ is replaced by ‘31 December 2016’.

               2.

               Annex I is replaced by the text set out in the Annex to this Decision.

               3.

               In Annex II, the following names are removed from the list:

                           ‘—

                           Keith BALL

                           —

                           Michel BOUILHOL

                           —

                           Roberto GARCÍA RUIZ’.

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

      Done at Brussels, 9 December 2013.

            For the Commission

         Dacian CIOLOȘ

            Member of the Commission

      (1)  OJ L 139, 5.6.2009, p. 29.

      (2)  Commission Decision 2010/206/EU of 28 September 2010 appointing the members of the group for technical advice on organic production and drawing up the pool list (OJ C 262, 29.9.2010, p. 3).

      ANNEX

            ‘ANNEX I

                        A.

                        List in alphabetical order of the experts appointed as permanent members of the group for a first term running as from 1 January 2014

                                    —

                                    Keith BALL

                                    —

                                    Michel BOUILHOL

                                    —

                                    Roberto GARCÍA RUIZ

                        B.

                        List in alphabetical order of the experts appointed as permanent members of the group for a second term running as from 1 January 2014

                                    —

                                    Alexander BECK

                                    —

                                    Jacques CABARET

                                    —

                                    Niels HALBERG

                                    —

                                    Sonya IVANOVA-PENEVA

                                    —

                                    Lizzie Melby JESPERSEN

                                    —

                                    Nicolas LAMPKIN

                                    —

                                    Giuseppe LEMBO

                                    —

                                    Robin Frederik Alexander MORITZ

                                    —

                                    Bernhard SPEISER

                                    —

                                    Fabio TITTARELLI’


title: Commission Decision (EU) 2017/11 of 5 January 2017 approving, on behalf of the European Union, amendments to the Protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial compensation provided for in the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco

text:
               6.1.2017

               EN

               Official Journal of the European Union

               L 3/43

         COMMISSION DECISION (EU) 2017/11
   of 5 January 2017
   approving, on behalf of the European Union, amendments to the Protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial compensation provided for in the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Decision 2013/785/EU of 16 December 2013 on the conclusion, on behalf of the European Union, of the Protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco (1), and in particular Article 3 thereof,
   Whereas:

               (1)

               Article 10 of the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco (2), hereinafter referred to as ‘the Agreement’, approved by Regulation (EC) No 764/2006 (3), establishes a Joint Committee responsible for monitoring the application of the Agreement and, in particular, for supervising the implementation, interpretation and smooth operation thereof. Chapter X of the Annex to the Protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial contribution provided for in the Fisheries Partnership Agreement between the European Union and the Kingdom of Morocco, hereinafter referred to as ‘the Protocol’, approved by Decision 2013/785/EU, sets out the arrangements for landing a proportion of the catches made under the Protocol in Moroccan ports,

               (2)

               The Joint Committee met in Rabat from 18 to 20 October 2016 to adopt amendments to certain arrangements for implementing the Protocol with regard to landing, in view of the recurring difficulties associated with meeting this obligation,

               (3)

               Prior to the Joint Committee meeting in question, the Commission sent a preparatory document setting out the particulars of the envisaged Union position to the Council,

               (4)

               The envisaged Union position was approved by the Council in accordance with point 3 of the Annex to Decision 2013/785/EU,

               (5)

               The amendments adopted, which concern increasing the penalties in the event of non-compliance with the landing obligation and extending the financial incentives in the event of landing above the compulsory threshold to all categories subject to compulsory landing, have been recorded in Annex 8 of the minutes to the Joint Committee meeting in question,

               (6)

               These amendments should be approved on behalf of the European Union,

               (7)

               It is necessary to provide for the retroactive applicability of these measures from 20 October 2016,

         HAS ADOPTED THIS DECISION:
   Article 1
   The amendments to points 1 and 4 of Chapter X of the Annex to the Protocol between the European Union and the Kingdom of Morocco setting out the fishing opportunities and financial compensation provided for in the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco, adopted by the Joint Committee established by Article 10 of the Agreement and resulting from Annex 8 to the minutes set out in the Annex to this Decision, are hereby approved on behalf of the Union.
   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 20 October 2016.

      Done at Brussels, 5 January 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 349, 21.12.2013, p. 1.

      (2)  OJ L 141, 29.5.2006, p. 4.

      (3)  Council Regulation (EC) No 764/2006 of 22 May 2006 on the conclusion of the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco (OJ L 141, 29.5.2006, p. 1).

      ANNEX

         Annex 8 to the minutes of the meeting of 18-20 October 2016 of the Joint Committee established by the Fisheries Partnership Agreement between the European Community and the Kingdom of Morocco

      CHAPTER X 'LANDING OF CATCHES'

                  Point 1

                  ‘Landings’
                  EU vessels in the categories subject to compulsory landing which have been granted a licence in accordance with this Protocol and which land more than the compulsory landing percentages provided for in datasheets 1, 4, 5 and 6 in a Moroccan port shall benefit from a 5 % reduction in the fee for each tonne landed above the compulsory threshold which has gone through the fish market.

                  Point 4

                  ‘Penalties in the event of non-compliance with the applicable landing requirements’:
                  Vessels in the categories subject to compulsory landing which do not comply with this requirement in accordance with the relevant datasheets may be subject to a 15 % increase in the payment of the next fee.


European Parliament decision on the conclusion of the interinstitutional agreement on Better Law-Making between the European Parliament, the Council and the Commission (2003/2131(ACI))


Avis juridique important

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32003D0607(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) (This text annuls and replaces that already published in the Official Journal of the European Union C 126 of 28 May 2003, page 1)

Official Journal C 134 , 07/06/2003 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)(This text annuls and replaces that already published in the Official Journal of the European Union C 126 of 28 May 2003, page 1)(2003/C 134/01)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.Done at Brussels and Luxembourg, 8 April 2003.For the European ParliamentThe PresidentPatrick CoxFor the CouncilThe PresidentPetros EfthymiouFor the CommissionMichaele SchreyerMember of the Commission(1) OJ L 136, 31.5.1999, p. 20.(2) OJ L 136, 31.5.1999, p. 1.(3) OJ L 136, 31.5.1999, p. 8.(4) OJ C 220, 31.7.1999, p. 1.(5) OJ C 120, 24.4.2001, p. 1.