title: Decision of the European Parliament of 23 April 2009 on discharge in respect of the implementation of the European Union general budget for the financial year 2007, Section II - Council

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 255/18

         DECISION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   on discharge in respect of the implementation of the European Union general budget for the financial year 2007, Section II — Council
   (2009/629/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2007 (1),

               —

               having regard to the final annual accounts of the European Communities for the financial year 2007 — Volume I (C6-0417/2008) (2),

               —

               having regard to the Council’s annual report to the discharge authority on internal audits carried out in 2007,

               —

               having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2007, 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 Decision No 190/2003 of the Secretary-General of the Council/High-Representative for the Common Foreign and Security Policy concerning reimbursement of travel expenses of delegates of Council Members (6),

               —

               having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 17 May 2006 on budgetary discipline and sound financial management (7),

               —

               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 (A6-0150/2009),

               1.

               Postpones its decision on granting discharge to the Secretary-General of the Council in respect of the implementation of its budget for the financial year 2007;

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

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 77, 16.3.2007.

      (2)  OJ C 287, 10.11.2008, p. 1.

      (3)  OJ C 286, 10.11.2008, p. 1.

      (4)  OJ C 287, 10.11.2008, p. 111.

      (5)  OJ L 248, 16.9.2002, p. 1.

      (6)  Decision stemming from the Rules of Procedure of the Council of 22 July 2002 (OJ L 230, 28.8.2002, p. 7).

      (7)  OJ C 139, 14.6.2006, p. 1.
   RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   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 2007, Section II — Council
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2007 (1),

               —

               having regard to the final annual accounts of the European Communities for the financial year 2007 — Volume I (C6-0417/2008) (2),

               —

               having regard to the Council’s annual report to the discharge authority on internal audits carried out in 2007,

               —

               having regard to the Annual Report of the Court of Auditors on the implementation of the budget concerning the financial year 2007, 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 Decision No 190/2003 of the Secretary-General of the Council/High-Representative for the Common Foreign and Security Policy concerning reimbursement of travel expenses of delegates of Council Members (6),

               —

               having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 17 May 2006 on budgetary discipline and sound financial management (7) (IIA),

               —

               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 (A6-0150/2009),

               A.

               whereas the Council refuses to provide Parliament with its full budget execution document and with its full annual activity report and has only provided it with the annual activity report of its Internal Auditor,

               B.

               whereas the Council refuses to hold any official meeting with Parliament concerning its discharge,

               C.

               whereas the conclusions of the European Council of Cologne of 3 and 4 June 1999 envisage giving operational capacities to the Council in the field of a strengthened common European security and defence policy (CESDP),

               D.

               whereas in its Decision No 190/2003, the Council makes it very clear that it implements appropriations in the field of the Common Foreign and Security Policy (CFSP) in accordance with the provisions of the Financial Regulation applicable to the general budget of the European Communities, and in particular that ‘The Secretary-General of the Council/High Representative for the Common Foreign and Security Policy […], assisted by the Deputy Secretary-General, is fully responsible for administering the appropriations under Section II — Council — of the general budget of the European Communities, and takes all necessary steps to ensure their sound management. He implements the appropriations in accordance with the provisions of the Financial Regulation applicable to the general budget of the European Communities’,

               E.

               whereas Council Decision 2004/197/CFSP (8) of 23 February 2004 established a mechanism for administering the financing of the common costs of EU operations having military or defence implications, called ATHENA, and this Decision, together with the Decision 2004/582/EC of the Representatives of the Governments of the Member States meeting within the Council of 28 April 2004 concerning privileges and immunities granted to ATHENA (9), creates a mechanism for administering the financing of the common costs of EU operations having military and defence implications, grants privileges and immunities to it and gives operational power to the Council,

               F.

               whereas Council Decision 2000/178/CFSP of 28 February 2000 on the rules applicable to national experts in the military field on secondment to the General Secretariat of the Council during the interim period (10) and Council Decision 2001/80/CFSP of 22 January 2001 on the establishment of the Military Staff of the European Union (11) specify that expenditure arising from the secondment of military experts are charged to the Council budget,

               G.

               whereas the annual report from the Council on the main aspects and basic choices of the CFSP, presented to Parliament in application of point 43 of the IIA, is limited in scope to the description of CFSP activities, such as common positions, joint actions and implementing decisions,

               1.

               Notes that in 2007 the Council had available commitment appropriations amounting to a total of EUR 650 million (2006: EUR 626 million), with a utilisation rate of 81,89 %, lower than in 2006 (91,79 %) and below the average of the other institutions (93,82 %);

               2.

               Reaffirms its position taken in its Resolution of 25 April 2002 on discharge in respect of the financial year 2000 that ‘[…] the European Parliament and the Council have not, in the past, scrutinised the implementation of their respective sections of the budget; considers that in view of the increasingly operational nature of expenditure, financed under the Council’s administrative budget, in the fields of foreign affairs, security and defence policy, and justice and home affairs, the scope of this arrangement should be clarified with a view to distinguishing traditional administrative expenditure from operations in these new policy areas’ (12);

               3.

               Rejects the Council’s suggestion that the fact that Parliament and the Council have not, in the past, scrutinised the implementation of their respective sections of the budget was the result of a ‘Gentlemen’s agreement’; considers that in view of the increasingly operational nature of expenditure, the expenditure of the Council ought to be scrutinised in the same way as that of the other institutions as part of the discharge procedure provided for by Article 276 of the Treaty;

               4.

               Reiterates its position expressed at paragraph 3 of its Resolution of 22 April 2008 on the discharge in respect of the financial year 2006, as follows: ‘Regrets that, unlike other institutions, the Council does not submit an annual activity report to Parliament, citing the Gentlemen’s Agreement of 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’ (13); recalls that this statement is also fully consistent with paragraphs 44 and 45 of its Resolution of 19 February 2008 on transparency in financial matters (14); requests the Council to reconsider its decision not to publish its annual activity report on its website;

               5.

               Reiterates its position expressed at paragraph 12 of its Resolution of 24 April 2007 on the discharge for the financial year 2005, as follows: ‘Calls for maximum transparency in the area of Common Foreign and Security Policy (CFSP); requests the Council, in accordance with point 42 of the Interinstitutional Agreement […], to make sure that no operating CFSP expenditure appears in the Council’s budget; reserves the right to take the necessary steps, where appropriate, if the agreement is infringed’ (15);

               6.

               Requires that the Council indicate the exact nature of expenses, article by article, item by item, within its Title 3 (Expenditure arising out of the institution’s performance of its specific missions), so as to enable Parliament to check that none of the expenditure in the Council’s budget execution is of an operational nature, in conformity with the IIA;

               7.

               Reiterates its position expressed at paragraph 58 of its Resolution of 23 May 2007 on the annual report from the Council to the European Parliament on the main aspects and basic choices of CFSP, including the financial implications for the general budget of the European Union — 2005 (16), as follows: ‘Believes that a genuine assessment of the financial implications for the EU budget has hitherto been hampered by a lack of proactive information on the part of the Council, […]; considers that, with the signing of the new Interinstitutional Agreement, the time has now come to implement both the letter and the spirit of these provisions, which have now been clearly formalised’;

               8.

               Considers that the planning of, preparation for and controlling of an operation by CFSP Staff in the Council Secretariat are basic and fundamental parts of the operation, and that these activities are carried out in pursuit of policy and operations, rather than as part of the normal work of the secretariat within the Council;

               9.

               Is astonished to note that a substantial part (up to 66 %) of budget line 2 2 0 2 was transferred from interpretation to CFSP/ESDP travels; notes that in 2006 this amount was EUR 12 672 984, and asks to be informed of the amount for the same budget line for 2007; demands, for the sake of greater transparency, the creation of an appropriate budget line for these purposes;

               10.

               Demands transparency with regard to spending on and by the EU Counter-terrorism Coordinator;

               11.

               Asks the Council to provide it with ex-post evaluation of individual ESDP actions;

               12.

               Reconfirms the stance it took at paragraph 47 of its abovementioned Resolution of 23 May 2007, as follows: ‘Reiterates its disappointment […] that the Council has limited itself to merely informing Parliament and submitting a descriptive list of CFSP activities carried out in the previous year, which is stated even by the Council itself in the preambles to the annual reports, instead of really consulting Parliament at the beginning of each year on the main aspects and basic choices to be made for that year, including its financial implications, as provided for in Article 28 of the EU Treaty, and subsequently reporting to Parliament whether — and, if so, how — Parliament’s contribution has been taken into account, and stresses that this practice constitutes a de facto infringement of the very substance of Article 21’;

               13.

               Notes that the Council has adopted a decision preventing any residual payments linked to compensation days upon retirement and putting into place a compulsory system aiming at the complete liquidation, by 2009, of all remaining stocks of annual leave not taken; encourages the Council to respect this self-imposed deadline;

               14.

               Welcomes the fact that a new integrated system for management and financial control (SAP), in operation since 1 January 2008, has been developed on an interinstitutional basis by the Council, the Court of Auditors and the Court of Justice, and thereby represents substantial budget savings and also gains in efficiency for the three institutions involved;

               15.

               Regrets that, according to the annual activity report of the Council’s internal auditor, the Council was not able to fill the vacant posts in its internal audit service;

               16.

               Takes account of the fact that, according to the same annual activity report, the internal auditor recommended the complete elimination of the ‘comptes hors budget’; requires the Council to eliminate completely and immediately all such accounts;

               17.

               Requests the Council to solve the problem concerning the ‘vérification des factures’, as recommended by the Council’s internal auditor;

               18.

               Considers that Parliament’s repeated and so far always refused request for greater transparency and closer parliamentary scrutiny of Council’s expenditure relating to CFSP/CFDP should be emphasised by budgetary amendments aiming at placing in reserve certain relevant budget lines in the Council’s budget for 2010;

               19.

               Recalls that in its Resolution of 4 December 2008 on the European Court of Auditors’ Special Report No 8/2007 concerning administrative cooperation in the field of VAT (17), Parliament invited the Council to adopt formal conclusions regarding the Court of Auditors’ findings; regrets that the Council has not followed up on this request; asks the Council to provide information to Parliament’s competent committee about the reasons why it has not adopted formal conclusions, and about its follow-up to this Special Report;

               20.

               Requests the European Court of Auditors to pay special attention, in its next Annual report, to the Council’s budget execution;

         Reasons for postponement of the discharge decision

               21.

               Indicates that the reasons for postponement are as follows:

                           (a)

                           the Council has not accepted any invitation to officially and formally meet Parliament’s competent committee or its rapporteur to discuss matters concerning its budget execution for 2007;

                           (b)

                           neither its competent committee nor its rapporteur received any comprehensive written answer, prior to the committee’s vote on the draft report on 16 March 2009, providing Parliament with the information and documents requested from Council in the annex of a letter of 18 February 2009 signed by the rapporteur and the coordinators of its competent committee;

                           (c)

                           Parliament has not received fundamental documents from Council, such as the annual activity report and the full list of budgetary transfers;

                           (d)

                           this lack of transparency and openness for an official and formal dialogue from the Council’s side does not make a meaningful discharge possible, and prevents Parliament in particular from being able to check that none of the expenditure in the Council’s budget execution is of an operational nature, in conformity with the IIA;

         Further actions to be taken and documents to be presented to Parliament

               22.

               Calls on the Secretary-General of the Council/High Representative for the CFSP to provide Parliament’s competent committee, by 15 May 2009 at the latest, with comprehensive written answers to the following questions:

                           A.

                           concerning its ‘comptes hors budget’ (see internal auditor’s recommendation R.2 of 2007):

                                       —

                                       how many accounts ‘hors budget’ did the Council have in 2007?

                                       —

                                       when were these accounts established and for what purpose?

                                       —

                                       which is the legal base used for these accounts? Which amount is covered by every single account?

                                       —

                                       the list of all transactions for each of these accounts for the financial year 2007 as well as the list of authorising officers by delegation per budget line.

                           B.

                           concerning the ‘vérification des factures’ (see internal auditor’s recommendation R.1 of 2007):

                                       —

                                       on which ground did the internal auditor come to the conclusion that ex-ante verification did not work in a satisfactory manner?

                                       —

                                       are all budgetary lines subject to ex-ante and/or ex-post controls?

                                       —

                                       how many invoices were checked, which percentage of the invoices were taken in the sample and what percentage of those contained errors?

                                       —

                                       did the Council prepare any action plan to solve this problem and, if yes, when is it going to be implemented?

                           C.

                           concerning budget line 2 2 0 2 (interpreting costs):

                                       —

                                       reasons for the doubling (from 2006 to 2007) of budget line 2 2 0 2 dedicated to interpretation.

                                       —

                                       why does the Council need to transfer money from this line to delegates’ travel expenses?

                                       —

                                       why did the Council use EUR 12 672 000 from interpretation to delegates’ travel expenses in 2006?

                                       —

                                       why did it not increase the specific budget line for the same amount in 2007?

                                       —

                                       what is the specific amount the Council transferred, regarding the financial year 2007, from this budget line to line 2 2 0 0 or any other line?

                           D.

                           concerning budget line 2 2 0 0 (travel expenses of delegations):

                                       —

                                       the legal base for this budget line is partly Decision No 190/2003 of the Secretary-General of the Council/High Representative for the CFSP, which has not been published in the Official Journal,

                                       —

                                       for the sake of transparency, could the Council put on its website and its register of references all its decisions?

                           E.

                           concerning budget line 3 0 0 2 (special advisers in the field of the ESDP/CFSP):

                                       —

                                       which amount did the Council transfer to this budget line for the year 2007 and for how many special advisers?

               23.

               Calls on the Secretary-General of the Council/High Representative for the CFSP to provide Parliament’s competent committee, by 15 May 2009 at the latest, with:

                           —

                           the full list of budgetary transfers concerning the 2007 budget of the Council,

                           —

                           its annual activity report for the year 2007,

                           —

                           the list of the associations which received money for the financial year 2007 specifying the amounts received per association? (budget line 2 2 3 7 — other operating expenditure).

      (1)  OJ L 77, 16.3.2007.

      (2)  OJ C 287, 10.11.2008, p. 1.

      (3)  OJ C 286, 10.11.2008, p. 1.

      (4)  OJ C 287, 10.11.2008, p. 111.

      (5)  OJ L 248, 16.9.2002, p. 1.

      (6)  Decision stemming from the Rules of Procedure of the Council of 22 July 2002 (OJ L 230, 28.8.2002, p. 7).

      (7)  OJ C 139, 14.6.2006, p. 1.

      (8)  OJ L 63, 28.2.2004, p. 68.

      (9)  OJ L 261, 6.8.2004, p. 125.

      (10)  OJ L 57, 2.3.2000, p. 1.

      (11)  OJ L 27, 30.1.2001, p. 7.

      (12)  OJ L 158, 17.6.2002, p. 66.

      (13)  OJ L 88, 31.3.2009, p. 20.

      (14)  Texts adopted, P6_TA(2008)0051.

      (15)  OJ L 187, 15.7.2008, p. 21.

      (16)  OJ C 102 E, 24.4.2008, p. 309.

      (17)  P6_TA(2008)0581, paragraph 21.


title: 2007/206/EC: Commission Decision of 29 March 2007 declaring operational the Regional Advisory Council for the High Seas/Long Distance Fleet under the Common Fisheries Policy

text:
               31.3.2007

               EN

               Official Journal of the European Union

               L 91/52

      COMMISSION DECISION

   of 29 March 2007
   declaring operational the Regional Advisory Council for the High Seas/Long Distance Fleet under the Common Fisheries Policy
   (2007/206/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 2004/585/EC of 19 July 2004 establishing Regional Advisory Councils under the Common Fisheries Policy (1), and in particular Article 3(3) thereof,
   Having regard to the recommendation transmitted by Spain on 7 November 2006 on behalf of Denmark, Germany, Estonia, Spain, France, Ireland, Italy, Lithuania, the Netherlands, Poland, Portugal and United Kingdom,
   Whereas:

               (1)

               Council Regulation (EC) No 2371/2002 of 20 December 2002 on the conservation and sustainable exploitation of fisheries resources under the Common Fisheries Policy (2) and Decision 2004/585/EC provide the framework for the establishment and operation of Regional Advisory Councils.

               (2)

               Article 2 of Decision 2004/585/EC establishes a Regional Advisory Council to cover the High Seas/Long Distance Fleet in all non-EC waters.

               (3)

               In accordance with Article 3(1) of Decision 2004/585/EC, representatives of the fisheries sector and other interests groups submitted a request concerning the operation of that Regional Advisory Council to Denmark, Germany, Estonia, Spain, France, Ireland, Italy, Lithuania, the Netherlands, Poland, Portugal and United Kingdom.

               (4)

               As required by Article 3(2) of Decision 2004/585/EC, the Member States concerned determined whether the application concerning the Regional Advisory Council for the High Seas/Long Distance Fleet was in conformity with the provisions laid down in that Decision. On 7 November 2006, the Member States concerned transmitted a recommendation on that Regional Advisory Council to the Commission.

               (5)

               The Commission has evaluated the application by the interested parties and the recommendation in the light of Decision 2004/585/EC and the aims and principles of the Common Fisheries Policy, and considers that the Regional Advisory Council for the High Seas/Long Distance Fleet is ready to become operational,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Regional Advisory Council for the High Seas/Long Distance Fleet, established by Article 2(1)(g) of Decision 2004/585/EC, shall be operational as from 30 March 2007.

      Done at Brussels, 29 March 2007.

            For the Commission

         Joe BORG

            Member of the Commission

      (1)  OJ L 256, 3.8.2004, p. 17.

      (2)  OJ L 358, 31.12.2002, p. 59.


title: 2013/708/EU: Decision of the European Parliament and of the Council of 20 November 2013 on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2013/004 ES/Comunidad Valenciana building materials from Spain)

text:
               4.12.2013

               EN

               Official Journal of the European Union

               L 323/33

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 20 November 2013
   on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2013/004 ES/Comunidad Valenciana building materials from Spain)
   (2013/708/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

               (2)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

               (3)

               Spain submitted an application on 22 May 2013 to mobilise the EGF, in respect of redundancies in 140 enterprises operating in the NACE Revision 2 Division 23 (Manufacture of other non-metallic mineral products) in the NUTS 2 region of Comunidad Valenciana (ES52) and supplemented it by additional information up to 17 July 2013. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 840 000.

               (4)

               The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by Spain,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2013, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 840 000 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 20 November 2013.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         V. LEŠKEVIČIUS

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 406, 30.12.2006, p. 1.


title: 2009/741/EC: Council Decision of 8 November 2005 on the signing and provisional application of the Agreement between the European Community and the Republic of Azerbaijan on certain aspects of air services

text:
               9.10.2009

               EN

               Official Journal of the European Union

               L 265/24

         COUNCIL DECISION
   of 8 November 2005
   on the signing and provisional application of the Agreement between the European Community and the Republic of Azerbaijan on certain aspects of air services
   (2009/741/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with Article 300(2) first sentence of the first subparagraph thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Council has authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               The Commission has negotiated on behalf of the Community an Agreement with the Republic of Azerbaijan on certain aspects of air services in accordance with the mechanisms and directives in the Annex to the Council’s Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (3)

               Subject to its possible conclusion at a later date, the agreement negotiated by the Commission should be signed and provisionally applied,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and the Republic of Azerbaijan on certain aspects of air services is hereby approved on behalf of the Community subject to the Council Decision concerning the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   Subject to its subsequent conclusion at a later date, the President of the Council is hereby authorised to designate the person or persons empowered to sign the Agreement on behalf of the Community.
   Article 3
   Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the parties have notified each other of the completion of the necessary procedures for this purpose.
   Article 4
   The President of the Council is hereby authorised to make the notification provided in Article 8(2) of the Agreement.

      Done at Brussels, 8 November 2005.

            For the Council

            The President

         G. BROWN

    ---documentbreak---

               9.10.2009

               EN

               Official Journal of the European Union

               L 265/25

         AGREEMENT
   between the European Community and the Government of the Republic of Azerbaijan on certain aspects of air services
   THE EUROPEAN COMMUNITY,
   of the one part, and
   THE GOVERNMENT OF THE REPUBLIC OF AZERBAIJAN,
   of the other part,
   (hereinafter referred to as the Parties);
   NOTING that bilateral air service agreements have been concluded between several Member States of the European Community and the Republic of Azerbaijan containing provisions contrary to Community law;
   NOTING that the European Community has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries;
   NOTING that under European Community law Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the European Community and third countries;
   HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law;
   RECOGNISING that provisions of the bilateral air service agreements between Member States of the European Community and the Republic of Azerbaijan, which are contrary to European Community law, must be brought into full conformity with it in order to establish a sound legal basis for air services between the European Community and the Republic of Azerbaijan and to preserve the continuity of such air services;
   NOTING that provisions of the bilateral air service agreements between Member States of the European Community and the Republic of Azerbaijan, which are not contrary to European Community law, do not need to be amended or replaced;
   NOTING that it is not a purpose of the European Community, as part of these negotiations, to increase the total volume of air traffic between the European Community and the Republic of Azerbaijan, to affect the balance between Community air carriers and air carriers of the Republic of Azerbaijan, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community.
   2.   References in each of the Agreements listed in Annex I to nationals of the Member State that is a party to that Agreement shall be understood as referring to nationals of the Member States of the European Community.
   3.   References in each of the Agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that Agreement shall be understood as referring to air carriers or airlines designated by that Member State.
   Article 2
   Designation by a Member State
   1.   The provisions in paragraphs 2 and 3 of this Article shall supersede the corresponding provisions in the Articles listed in Annex II(a) and (b) respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by the Republic of Azerbaijan, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   On receipt of a designation by a Member State, the Republic of Azerbaijan shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (i)

               the air carrier is established under the Treaty establishing the European Community in the territory of the designating Member State and has a valid operating licence in accordance with European Community law;

               (ii)

               effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its air operators certificate and the relevant aeronautical authority is clearly identified in the designation; and

               (iii)

               the air carrier is owned and shall continue to be owned directly or through majority ownership by Member States and/or nationals of Member States, and/or by other States listed in Annex III and/or nationals of such other States, and shall at all times be effectively controlled by such States and/or such nationals.

         3.   The Republic of Azerbaijan may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:

               (i)

               the air carrier is not established under the Treaty establishing the European Community in the territory of the designating Member State or does not have a valid operating licence in accordance with European Community law;

               (ii)

               effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its air operators certificate, or the relevant aeronautical authority is not clearly identified in the designation; or

               (iii)

               the air carrier is not owned, directly or through majority ownership, or it is not effectively controlled by Member States and/or nationals of Member States, and/or by other States listed in Annex III and/or nationals of such other States.

         In exercising its right under this paragraph, the Republic of Azerbaijan shall not discriminate between Community air carriers on the grounds of nationality.
   Article 3
   Rights with regard to regulatory control
   1.   The provisions in paragraph 2 of this Article shall complement the Articles listed in Annex II(c).
   2.   Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of the Republic of Azerbaijan under the safety provisions of the Agreement between the Member State that has designated the air carrier and the Republic of Azerbaijan shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.
   Article 4
   Taxation of aviation fuel
   1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the Articles listed in Annex II(d).
   2.   Notwithstanding any other provision to the contrary, nothing in each of the Agreements listed in Annex II(d) shall prevent a Member State from imposing on a non-discriminatory basis taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of the Republic of Azerbaijan that operates between a point in the territory of that Member State and another point in the territory of that Member State or in the territory of another Member State.
   3.   Notwithstanding any other provision to the contrary, nothing in each of the Agreements listed in Annex II(d) shall prevent the Republic of Azerbaijan from imposing on a non-discriminatory basis taxes, levies, duties, fees or charges on fuel supplied in its territory for use in an aircraft of a designated air carrier of a Member State that operates between a point in the territory of the Republic of Azerbaijan and another point in the territory of the Republic of Azerbaijan.
   Article 5
   Tariffs for carriage within the European Community
   1.   The provisions in paragraph 2 of this Article shall complement the articles listed in Annex II(e).
   2.   The tariffs to be charged by the air carrier(s) designated by the Republic of Azerbaijan under an agreement listed in Annex I containing a provision listed in Annex II(e) for carriage wholly within the European Community shall be subject to European Community law.
   Article 6
   Annexes to the Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 7
   Revision or amendment
   The Parties may, at any time, revise or amend this Agreement by mutual consent.
   Article 8
   Entry into force and provisional application
   1.   This Agreement shall enter in force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
   2.   Notwithstanding paragraph 1, the Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Parties have notified each other of the completion of the procedures necessary for this purpose.
   3.   Agreements and other arrangements between Member States and the Republic of Azerbaijan which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Annex I(b). This Agreement shall apply to all such Agreements and arrangements upon their entry into force or provisional application.
   Article 9
   Termination
   1.   In the event that an Agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the Agreement listed in Annex I concerned shall terminate at the same time.
   2.   In the event that all Agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.

      IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
      Done at Strasbourg in duplicate, on 7 July 2009 in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovene, Spanish, Swedish and Azerbaijani languages.

         За Европейската общност
         Por la Comunidad Europea
         Za Evropské společenství
         For Det Europæiske Fællesskab
         Für die Europäische Gemeinschaft
         Euroopa Ühenduse nimel
         Για την Ευρωπαϊκή Κοινότητα
         For the European Community
         Pour la Communauté européenne
         Per la Comunità europea
         Eiropas Kopienas vārdā
         Europos bendrijos vardu
         Az Európai Közösség részéről
         Għall-Komunitá Ewropea
         Voor de Europese Gemeenschap
         W imieniu Wspólnoty Europejskiej
         Pela Comunidade Europeia
         Pentru Comunitatea Europeană
         Za Európske spoločenstvo
         Za Evropsko skupnost
         Euroopan yhteisön puolesta
         För Europeiska gemenskapen

         За правителството на Република Азербайджан
         Por el Gobierno de la República de Azerbaiyán
         Za vládu Ázerbájdžánskou republiky
         For Republikken Aserbajdsjans regering
         Für die Regierung der Republik Aserbaidschan
         Aserbaidžaani Vabariigi valitsuse nimel
         Για την Κυβέρνηση της Δημοκρατίας του Αζερμπαϊτζάν
         For the Government of the Republic of Azerbaijan
         Pour le gouvernement de la République d'Azerbaïdjan
         Per il governo della Repubblica dell'Azerbaigian
         Azerbaidžānas Republikas valdības vārdā
         Azerbaidžano Vyriausybės Respublikos vardu
         Az Azerbajdzsáni Köztársaság Kormánya részéről
         Għall-Gvern tar-Repubblika tal-Ażerbajġan
         Voor de regering van de Republiek Azerbeidzjan
         W imieniu Rządu Republiki Azerbejdżańskiej
         Pelo Governo da República do Azerbaijão
         Pentru Guvernul Republicii Azerbaidjan
         Za vládu Azerbajdžanskej republiky
         Za vlado Azerbajdžanske republike
         Azerbaidžanin tasavallan hallituksen puolesta
         För Republiken Azerbajdzjans regering

   ANNEX I

      List of Agreements referred to in Article 1 of this Agreement

               (a)

               Air service agreements between the Government of the Republic of Azerbaijan and Member States of the European Community which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally:

                           —

                           Agreement between the Government of Austria and the Government of the Republic of Azerbaijan relating to Air Services done at Vienna on 4 July 2000, hereinafter referred to ‘Azerbaijan — Austria Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Kingdom of Belgium and the Government of the Republic of Azerbaijan relating to Air Services done at Baku on 13 April 1998, hereinafter referred to ‘Azerbaijan — Belgium Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Republic of Bulgaria and the Government of the Republic of Azerbaijan concerning Air Services between their respective territories and beyond done at Sofia on 29 June 1995, hereinafter referred to ‘Azerbaijan — Bulgaria Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Kingdom of Denmark and the Government of the Republic of Azerbaijan relating to Air Services initialled at Copenhagen on 27 April 2000, hereinafter referred to ‘Azerbaijan — Denmark Agreement’ in Annex II.
                           Last modified by Exchange of Letters 1 March 2004 and 17 December 2004,

                           —

                           Air Transport Agreement between the Government of the Federal Republic of Germany and the Government of the Azerbaijan Republic done at Baku at 28 July 1995, hereinafter referred to ‘Azerbaijan — Germany Agreement’ in Annex II.
                           Last modified by Protocol Correcting and Supplementing the Air Transport Agreement of 28 July 1995 between the Government of the Federal Republic of Germany and the Government of the Azerbaijan Republic done at Baku at 29 June 1998,

                           —

                           Agreement between the Government of the French Republic and the Government of the Republic of Azerbaijan relating to Air Services done at Paris on 19 June 1997, hereinafter referred to ‘Azerbaijan — France Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Hellenic Republic and the Government of the Republic of Azerbaijan relating to Air Services initialled at Athens on 5-6 June 1995, hereinafter referred to ‘Azerbaijan — Greece Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Italian Republic and the Government of the Republic of Azerbaijan relating to Air Services done at Rome on 25 September 1997, hereinafter referred to ‘Azerbaijan — Italy Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Grand Duchy of Luxembourg and the Government of the Republic of Azerbaijan relating to Air Services initialled at Baku on 3 July 2001, hereinafter referred to ‘Azerbaijan — Luxembourg Agreement’ in Annex II,

                           —

                           Agreement between the Kingdom of the Netherlands and the Republic of Azerbaijan relating to Air Services done at Baku on 11 July 1996, hereinafter referred to ‘Azerbaijan — Netherlands Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Republic of Poland and the Government of the Azerbaijan Republic concerning Civil Air Transport done at Warsaw on 26 August 1997, hereinafter referred to ‘Azerbaijan — Poland Agreement’ in Annex II,

                           —

                           Agreement between the Government of Romania and the Government of the Republic of Azerbaijan concerning Air Services done at Baku on 27 March 1996, hereinafter referred to ‘Azerbaijan — Romania Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Slovak Republic and the Government of the Republic of Azerbaijan relating to Air Services initialled at Baku on 27 October 2000, hereinafter referred to ‘Azerbaijan — Slovak Republic Agreement’ in Annex II,

                           —

                           Agreement between the Kingdom of Spain and Republic of Azerbaijan relating to Air Services initialled at Madrid on 18 November 2004, hereinafter referred to ‘Azerbaijan — Spain Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Kingdom of Sweden and the Government of the Republic of Azerbaijan relating to Air Services initialled at Copenhagen on 27 April 2000, hereinafter referred to ‘Azerbaijan — Sweden Agreement’ in Annex II.
                           Last modified by Exchange of Letters 1 March 2004 and 17 December 2004,

                           —

                           Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Azerbaijan relating to Air Services done at London on 23 February 1994, hereinafter referred to ‘Azerbaijan — United Kingdom Agreement’ in Annex II.
                           Amended by Exchange of Notes done at Baku on 20 June and 23 December 1996.
                           Last modified by Memorandum of Understanding done at Baku on 3-4 July 2000;

               (b)

               Air service agreements and other arrangements initialled or signed between the Republic of Azerbaijan and Member States of the European Community which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally:

                           —

                           Air Transport Agreement between the Government of the Czech Republic and the Government of the Republic of Azerbaijan initialled at Prague on 3 December 1998, hereinafter referred to ‘Azerbaijan — Czech Republic Agreement’ in Annex II,

                           —

                           Air Services Agreement between the Government of the Republic of Azerbaijan and the Government of the Republic of Estonia initialled in Tallinn on 8 November 2002, hereinafter referred to ‘Azerbaijan — Estonia Agreement’ in Annex II,

                           —

                           Agreement between the Government of the Republic of Finland and the Government of the Republic of Azerbaijan relating to Air Services initialled at Baku on 29 September 2000, hereinafter referred to ‘Azerbaijan — Finland Agreement’ in Annex II.

         ANNEX II

      List of Articles in the Agreements listed in Annex I and referred to in Articles 2 to 5 of this Agreement

               (a)

               Designation by a Member State:

                           —

                           Article 3, paragraph 5 of the Azerbaijan — Austria Agreement,

                           —

                           Article 3, paragraph 5 of the Azerbaijan — Bulgaria Agreement,

                           —

                           Article 3, paragraph 4 of the Azerbaijan — Czech Republic Agreement,

                           —

                           Article 3, paragraph 4 of the Azerbaijan — Denmark Agreement,

                           —

                           Article 3, paragraph 4 of the Azerbaijan — Estonia Agreement,

                           —

                           Article 3, paragraph 4, of the Azerbaijan — Germany Agreement,

                           —

                           Article 3, paragraph 4 of the Azerbaijan — Greece Agreement,

                           —

                           Article 4, paragraph 3 of the Azerbaijan — France Agreement,

                           —

                           Article 4, paragraph 4 of the Azerbaijan — Italy Agreement,

                           —

                           Article 3, paragraph 4 of the Azerbaijan — Luxembourg Agreement,

                           —

                           Article 3, paragraph 4 of the Azerbaijan — Netherlands Agreement,

                           —

                           Article 3, paragraph 4 of the Azerbaijan — Poland Agreement,

                           —

                           Article 3, paragraph 4 of the Azerbaijan — Romania Agreement,

                           —

                           Article 4, paragraph 4 of the Azerbaijan — Slovak Republic Agreement,

                           —

                           Article 3, paragraph 4 of the Azerbaijan — Sweden Agreement,

                           —

                           Article 4, paragraph 4 of the Azerbaijan — United Kingdom Agreement;

               (b)

               Refusal, revocation, suspension or limitation of authorisations or permissions:

                           —

                           Article 4, paragraph 1(a) of the Azerbaijan — Austria Agreement,

                           —

                           Article 5, paragraph 1(d) of the Azerbaijan — Belgium Agreement,

                           —

                           Article 4, paragraph 1(a) of the Azerbaijan — Bulgaria Agreement,

                           —

                           Article 4, paragraph 1(b) of the Azerbaijan — Czech Republic Agreement,

                           —

                           Article 4, paragraph 1(a) of the Azerbaijan — Denmark Agreement,

                           —

                           Article 4, paragraph 1(a) of the Azerbaijan — Estonia Agreement,

                           —

                           Article 4, paragraph 1(b) of the Azerbaijan — Greece Agreement,

                           —

                           Article 5, paragraph 1 of the Azerbaijan — France Agreement,

                           —

                           Article 5, paragraph 1(a) of the Azerbaijan — Finland Agreement,

                           —

                           Article 5, paragraph 1(a) of the Azerbaijan — Italy Agreement,

                           —

                           Article 4, paragraph 1(a) of the Azerbaijan — Luxembourg Agreement,

                           —

                           Article 4, paragraph 1(c) of the Azerbaijan — Netherlands Agreement,

                           —

                           Article 4, paragraph 1(a) of the Azerbaijan — Poland Agreement,

                           —

                           Article 4, paragraph 1(a) of the Azerbaijan — Romania Agreement,

                           —

                           Article 5, paragraph 1(a) of the Azerbaijan — Slovak Republic Agreement,

                           —

                           Article 4, paragraph 1(a) of the Azerbaijan — Sweden Agreement,

                           —

                           Article 5, paragraph 1(a) of the Azerbaijan — United Kingdom Agreement;

               (c)

               Regulatory control:

                           —

                           Article 6 of the Azerbaijan — Austria Agreement,

                           —

                           Article 7 of the Azerbaijan — Belgium Agreement,

                           —

                           Article 7 of the Azerbaijan — Czech Republic Agreement,

                           —

                           Article 14 of the Azerbaijan — Denmark Agreement,

                           —

                           Article 15 of the Azerbaijan — Estonia Agreement,

                           —

                           Article 11a of the Azerbaijan — Germany Agreement,

                           —

                           Article 6 of the Azerbaijan — Greece Agreement,

                           —

                           Article 8 of the Azerbaijan — France Agreement,

                           —

                           Article 13 of the Azerbaijan — Finland Agreement,

                           —

                           Article 10 of the Azerbaijan — Italy Agreement,

                           —

                           Article 6 of the Azerbaijan — Luxembourg Agreement,

                           —

                           Article 13 of the Azerbaijan — Netherlands Agreement,

                           —

                           Article 10 of the Azerbaijan — Slovak Republic Agreement,

                           —

                           Article 14 of the Azerbaijan — Sweden Agreement;

               (d)

               Taxation of aviation fuel:

                           —

                           Article 7 of the Azerbaijan — Austria Agreement,

                           —

                           Article 10 of the Azerbaijan — Belgium Agreement,

                           —

                           Article 7 of the Azerbaijan — Bulgaria Agreement,

                           —

                           Article 8 of the Azerbaijan — Czech Republic Agreement,

                           —

                           Article 6 of the Azerbaijan — Denmark Agreement,

                           —

                           Article 7 of the Azerbaijan — Estonia Agreement,

                           —

                           Article 6 of the Azerbaijan — Germany Agreement,

                           —

                           Article 9 of the Azerbaijan — Greece Agreement,

                           —

                           Article 11 of the Azerbaijan — France Agreement,

                           —

                           Article 6 of the Azerbaijan — Finland Agreement,

                           —

                           Article 6 of the Azerbaijan — Italy Agreement,

                           —

                           Article 8 of the Azerbaijan — Luxembourg Agreement,

                           —

                           Article 9 of the Azerbaijan — Netherlands Agreement,

                           —

                           Article 6 of the Azerbaijan — Poland Agreement,

                           —

                           Article 9 of the Azerbaijan — Romania Agreement,

                           —

                           Article 5 of the Azerbaijan — Spain Agreement,

                           —

                           Article 9 of the Azerbaijan — Slovak Republic Agreement,

                           —

                           Article 6 of the Azerbaijan — Sweden Agreement,

                           —

                           Article 8 of the Azerbaijan — United Kingdom Agreement;

               (e)

               Tariffs for carriage within the European Community:

                           —

                           Article 11 of the Azerbaijan — Austria Agreement,

                           —

                           Article 13 of the Azerbaijan — Belgium Agreement,

                           —

                           Article 9 of the Azerbaijan — Bulgaria Agreement,

                           —

                           Article 12 of the Azerbaijan — Czech Republic Agreement,

                           —

                           Article 10 of the Azerbaijan — Denmark Agreement,

                           —

                           Article 13 of the Azerbaijan — Estonia Agreement,

                           —

                           Article 10 of the Azerbaijan — Germany Agreement,

                           —

                           Article 12 of the Azerbaijan — Greece Agreement,

                           —

                           Article 17 of the Azerbaijan — France Agreement,

                           —

                           Article 10 of the Azerbaijan — Finland Agreement,

                           —

                           Article 8 of the Azerbaijan — Italy Agreement,

                           —

                           Article 10 of the Azerbaijan — Luxembourg Agreement,

                           —

                           Article 5 of the Azerbaijan — Netherlands Agreement,

                           —

                           Article 10 of the Azerbaijan — Poland Agreement,

                           —

                           Article 8 of the Azerbaijan — Romania Agreement,

                           —

                           Article 8 of the Azerbaijan — Slovak Republic Agreement,

                           —

                           Article 10 of the Azerbaijan — Sweden Agreement,

                           —

                           Article 7 of the Azerbaijan — United Kingdom Agreement.

         ANNEX III

      List of other States referred to in Article 2 of this Agreement

               (a)

               The Republic of Iceland (under the Agreement on the European Economic Area);

               (b)

               The Principality of Liechtenstein (under the Agreement on the European Economic Area);

               (c)

               The Kingdom of Norway (under the Agreement on the European Economic Area);

               (d)

               The Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).


Avis juridique important

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31991D0140

91/140/EEC: Decision No 144 of 9 April 1990 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 401- E 410 F)

Official Journal L 071 , 18/03/1991 P. 0001 - 0002

DECISON No 144 of 9 April 1990 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 401-E 410 F) (91/140/EEC)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL  SECURITY FOR MIGRANT WORKERS,  Having regard to Article 81 (a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to the members of their families moving within the Community, under  which it is the duty of the Administrative Commission to deal with all administrative matters or matters or interpretation arising from Regulation (EEC) No 1408/71 and subsequent regulations,  Having regard to Article 2 (1) of Council Regulation (EEC) No 574/72 of 21 March 1972, under which it is the duty of the Administrative Commission to draw up models of certificates, certified statements, declarations, applications and other documents  necessary for the application of the Regulations,  Having regard to Decision No 130 of 17 October 1985 laying down and adapting the model forms necessary for the application of the Regulations,  Having regard to Council Regulation (EEC) No 3427/89 of 30 October 1989 which introduces a uniform solution for all Member States to the problem of the payment of family benefits to members of the family not residing in the territory of the competent  State and extends its provisions to self-employed persons,  Whereas some model forms should be adapted, some should be abolished having lost their original purpose, and some new ones should be created, in order to take account of the amendments made by Regulation (EEC) No 3427/89;  Whereas the language in which the forms should be drawn up has been decided by recommendation No 15 of the Administrative Commission,  HAS DECIDED AS FOLLOWS:  1. The model forms E 401-E 410 F printed in Decision No 130 shall be replaced by the models appended hereto, with the following adjustments:  (a) model forms E 401, E 402, E 403, E 404 and E 405 are amended;  (b) model forms E 406 F, E 407 F, E 408 F, E 409 F and E 410 F are repealed;  (c) new model forms E 406 F, E 407 F and E 408 F are introduced.  2. The competent authorities of the Member States shall make available to the persons concerned (rightful claimants, institutions, employers, etc.) the forms according to the attached models.  3. Each form shall be available in the official languages of the Community and laid out in such a manner that the different versions are perfectly superposable, thereby making it possible for each person or body to which a form is addressed (rightful  claimant, institution, employer, etc.) to receive the form printed in their own language.  This Decision shall be applicable from the first day of the month following its publication in the Official Journal of the European Communities.  The Chairman of the Administrative Commission E. Mc CUMISKEY


title: 2007/724/CFSP Political and Security Committee Decision BiH/10/2007 of 25 September 2007 on the appointment of an EU Operation Commander for the European Union military operation in Bosnia and Herzegovina

text:
               10.11.2007

               EN

               Official Journal of the European Union

               L 293/8

      POLITICAL AND SECURITY COMMITTEE DECISION BiH/10/2007
   of 25 September 2007
   on the appointment of an EU Operation Commander for the European Union military operation in Bosnia and Herzegovina
   (2007/724/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 25(3) thereof,
   Having regard to Council Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1), and in particular Article 6 thereof,
   Whereas:

               (1)

               Pursuant to Article 6 of Joint Action 2004/570/CFSP the Council authorised the Political and Security Committee (PSC) to take further decisions on the appointment of the EU Operation Commander.

               (2)

               According to PSC Decision BiH/2/2004, Deputy Supreme Allied Commander for Europe (DSACEUR) General Sir John REITH was appointed EU Operation Commander for the European Union military operation in Bosnia and Herzegovina.

               (3)

               NATO has decided to appoint General John McCOLL as DSACEUR to replace General Sir John REITH. The assignment of General John McCOLL will begin on 22 October 2007.

               (4)

               In accordance with Article 6 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark does not participate in the elaboration and implementation of decisions and actions of the European Union which have defence implications.

               (5)

               The Copenhagen European Council adopted on 12 and 13 December 2002 a declaration stating that the ‘Berlin plus’ arrangements and the implementation thereof will apply only to those EU Member States which are also either NATO members or parties to the ‘Partnership for Peace’, and which have consequently concluded bilateral security agreements with NATO,

         HAS DECIDED AS FOLLOWS:
   Article 1
   General John McCOLL is hereby appointed EU Operation Commander for the European Union military operation in Bosnia and Herzegovina.
   Article 2
   This Decision shall take effect on 22 October 2007.

      Done at Brussels, 25 September 2007.

            For the Political and Security Committee

            The Chairperson

         C. DURRANT PAIS

      (1)  OJ L 252, 28.7.2004, p. 10.


title: Council Decision of 17 February 2017 appointing two members of the Governing Board of the European Agency for Safety and Health at Work for the Czech Republic and Portugal

text:
               21.2.2017

               EN

               Official Journal of the European Union

               C 54/2

         COUNCIL DECISION
   of 17 February 2017
   appointing two members of the Governing Board of the European Agency for Safety and Health at Work for the Czech Republic and Portugal
   (2017/C 54/03)
   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 list 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 17 October 2016 (2), 28 November 2016 (3) and 23 January 2017 (4), 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 from 8 November 2016 to 7 November 2019.

               (2)

               The employees' organisation ETUC has submitted one nomination for a post to be filled.

               (3)

               The employers' organisation BUSINESSEUROPE has submitted one nomination for a post to be filled,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are appointed members of the Governing Board of the European Agency for Safety and Health at Work for the period ending on 7 November 2019:
   I.   REPRESENTATIVES OF EMPLOYEES' ORGANISATIONS

               Country

               Member

               Alternate member

               Portugal

               Mr Fernando José GOMES MACHADO

   II.   REPRESENTATIVES OF EMPLOYERS' ORGANISATIONS

               Country

               Member

               Alternate member

               Czech Republic

               Ms Nora ŠEJDOVÁ

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

      Done at Brussels, 17 February 2017.

            For the Council

            The President

         E. BARTOLO

      (1)  OJ L 216, 20.8.1994, p. 1.

      (2)  Council Decision of 17 October 2016 appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work (OJ C 386, 20.10.2016, p. 3).

      (3)  Council Decision of 28 November 2016 appointing the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for Denmark, France, Italy and Malta (OJ C 447, 1.12.2016, p. 7).

      (4)  Council Decision of 23 January 2017 appointing a member and an alternate member of the Governing Board of the European Agency for Safety and Health at Work for Slovakia and United Kingdom (OJ C 27, 27.1.2017, p. 4).


Avis juridique important

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31998D0330

98/330/EC: European Parliament Decision of 31 March 1998 giving discharge to the Commission in respect of the financial management of the seventh European Development Fund for the financial year 1996

Official Journal L 146 , 16/05/1998 P. 0028 - 0029

EUROPEAN PARLIAMENT DECISION of 31 March 1998 giving discharge to the Commission in respect of the financial management of the seventh European Development Fund for the financial year 1996 (98/330/EC)THE EUROPEAN PARLIAMENT,- Having regard to the EC Treaty,- Having regard to the fourth ACP-EEC Convention (1),- Having regard to the balance sheets and revenue and expenditure accounts of the sixth and seventh European Development Funds for the 1996 financial year (SEC(97) 0938 - C4-0274/97),- Having regard to the report and the Statement of Assurance of the Court of Auditors concerning the financial year 1996 and the replies of the institutions (2),- Having regard to the Recommendation of the Council of 9 March 1998 (C4-0166/98),- Having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (A4-0091/98),1. Gives discharge to the Commission in respect of the financial management of the seventh European Development Fund for the financial year 1996 on the basis of the following amounts:>TABLE>>TABLE>2. Records its observations in the resolution which forms part of this Decision;3. Instructs its President to forward this Decision and the resolution containing its observations to the Commission, the Council, the Court of Auditors and the European Investment Bank and to have them published in the Official Journal of the European Communities (L series).The Secretary-GeneralJulian PRIESTLEYThe PresidentJosé María GIL-ROBLES(1) OJ L 229, 17. 8. 1991.(2) JO C 348, 18. 11. 1997 (Volume I, Chapter 12 and Volume II, Part II).


Avis juridique important

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31986D0573

86/573/EEC: Council Decision of 15 September 1986 on the conclusion of the Additional Protocol to the Agreement between the European Economic Community and the Swiss Confederation consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community

Official Journal L 337 , 29/11/1986 P. 0120 - 0120 Finnish special edition: Chapter 2 Volume 4 P. 0157  Swedish special edition: Chapter 2 Volume 4 P. 0157

COUNCIL DECISION of 15 September 1986 on the conclusion of the Additional Protocol to the  Agreement between the European Economic Community and the Swiss Confederation consequent on the  accession of the Kingdom of Spain and the Portuguese Republic to the Community (86/573/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 it is necessary to approve the Additional Protocol to the Agreement between the European  Economic Community and the Swiss Confederation(1) signed in Brussels on 22 July 1973, to take  account of the accession of the Kingdom of Spain and the Portuguese Republic to the Community, HAS DECIDED AS FOLLOWS: Article 1 The Additional Protocol to the Agreement between the European Economic Community and  the Swiss Confeder- ation consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community is hereby approved on behalf of the Community. The text of the Protocol is attached to this Decision. Article 2 The President of the Council shall give the notification provided for in Article 18 of  the Protocol(2). Article 3 This Decision shall take effect on the day following its publication in the Official  Journal of the European Communities. Done at Brussels, 15 September 1986. For the CouncilThe PresidentG. HOWE (1)OJ N° L 300, 31. 12. 1972, p. 189.  (2)The date of entry into force of the Protocol will be published in the Official Journal of the  European Communities by the General Secretariat of the Council.


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97/627/EC: Council Decision of 15 September 1997 appointing an alternate member of the Committee of the Regions

Official Journal L 260 , 23/09/1997 P. 0027 - 0027

COUNCIL DECISION of 15 September 1997 appointing an alternate member of the Committee of the Regions (97/627/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,Having regard to the Council Decisions 94/65/EC of 26 January 1994 (1) and 95/15/EC of 23 January 1995 (2) appointing members and alternate members of the Committee of the Regions,Whereas a seat as an alternate member of the Committee has become vacant following the resignation of Mr Peer Steinbrück, alternate member, notified to the Council on 26 June 1997,Having regard to the proposal from the German Government,HAS DECIDED AS FOLLOWS:Sole Article Mr Uwe Döring is hereby appointed an alternate member of the Committee of the Regions in place of Mr Peer Steinbrück for the remainder of the latter's term of office, which runs until 25 January 1998.Done at Brussels, 15 September 1997.For the CouncilThe PresidentJ. POOS(1) OJ L 31, 4. 2. 1994, p. 29.(2) OJ L 25, 2. 2. 1995, p. 20.