title: 2009/743/EC: Council Decision of 24 September 2009 appointing one Italian alternate member of the Committee of the Regions

text:
               9.10.2009

               EN

               Official Journal of the European Union

               L 265/38

      COUNCIL DECISION

   of 24 September 2009
   appointing one Italian alternate member of the Committee of the Regions
   (2009/743/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal of the Italian Government,
   Whereas:

               (1)

               On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

               (2)

               An alternate member’s seat on the Committee of the Regions has become vacant following the end of the term of office Mr Flavio DELBONO,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following is hereby appointed to the Committee of the Regions as an alternate member for the remainder of the current term of office, which runs until 25 January 2010:
   Ms Maria Giuseppina MUZZARELLI, Vice Presidente della Regione Emilia Romagna.
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 24 September 2009.

            For the Council

            The President

         M. OLOFSSON

      (1)  OJ L 56, 25.2.2006, p. 75.


Avis juridique important

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31995D0358

95/358/EC, Euratom: Council Decision of 29 June 1995 on the granting of daily allowances to Members of the Economic and Social Committee, alternates and experts

Official Journal L 205 , 31/08/1995 P. 0038 - 0038

COUNCIL  DECISION of 29 June 1995 on the granting of daily allowances to Members of the Economic and Social  Committee, alternates and experts (95/358/EC, Euratom)THE COUNCIL OF THE EUROPEAN  UNION, Having regard to the Treaty establishing a Single Council and a Single Commission of the European  Communities, and in particular Article 6 thereof, Having regard to the Treaty on European Union, and in particular Article 194 thereof, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular  Article 166 thereof, Whereas the amounts of the daily allowances paid to Members of the Economic and Social Committee  and to alternates and experts, laid down by Council Decision 81/121/EEC of 3 March 1981  (1), as  last amended by Council Decision 92/243/EEC of 29 April 1992  (2), should be adapted; Whereas that adaptation should take account, inter alia, of the progression of the 'horeca` price  index for Belgium; Whereas, however, the allowances should not be increased for beneficiaries who do not incur the  expense of an overnight stay at the place of work or do not furnish satisfactory proof of such  expense, HAS DECIDED AS FOLLOWS: Article 1 Article 2 of Council Decision 81/121/EEC of 3 March 1981, as last  amended by Council Decision 92/243/EEC of 29 April 1992, shall be repealed and replaced by the  following: 'Article 2 1.  The daily allowance per travel day shall amount to: -  Bfrs 4  450 for members, -  Bfrs 3  000 for alternates and experts. 2.  The daily allowance per meeting day shall amount to: -  Bfrs 5  700 for members, -  Bfrs 3  800 for alternates and experts. 3.  Where the beneficiary furnishes satisfactory proof that he has incurred expenditure on an  overnight stay at the place of work, he shall be paid a supplementary daily allowance of: -  Bfrs 1  000 for members, -  Bfrs 700 for alternates and experts.` Article 2 This Decision shall take effect on 1 July 1995. Done at Luxembourg, 29 June 1995. For the Council The President J. BARROT


title: 2004/815/EC: Council Decision of 19 November 2004 amending the declaration by the European Community on the exercise of competence and voting rights submitted to the General Fisheries Commission for the Mediterranean

text:
               2.12.2004

               EN

               Official Journal of the European Union

               L 357/30

         COUNCIL DECISION
   of 19 November 2004
   amending the declaration by the European Community on the exercise of competence and voting rights submitted to the General Fisheries Commission for the Mediterranean
   (2004/815/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof, in conjunction with the first sentence of Article 300(2) and the first subparagraph of paragraph 3 thereof,
   Having regard to the proposal from the Commission, (1)

   Having regard to the opinion of the European Parliament, (2)

   Whereas:

               (1)

               The European Community is a member of the General Fisheries Commission for the Mediterranean (GFCM); when acceding to this organisation, the Community deposited a single declaration by the Community on the exercise of competence and voting rights (3).

               (2)

               GFCM adopted, at its meeting from 13 to 16 October 1997, amendments to the text of the agreement establishing an autonomous budget.

               (3)

               The Community accepted, by Council Decision of 17 July 2000, the amendment of the Agreement establishing the General Fisheries Commission for the Mediterranean with a view to establishing an autonomous budget for that organisation (4).

               (4)

               The amendments relative to the autonomous budget entered into force on 29 April 2004.

               (5)

               The implementation of an autonomous budget for GFCM implies that the Community will provide a financial contribution to that budget; the volume of this contribution makes it necessary to adapt the declaration of competence and voting rights deposited at the time of the accession of the Community to GFCM,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   1.   The European Community shall amend its single declaration of competence and voting rights submitted to the General Fisheries Commission for the Mediterranean when acceding to this organisation, which shall be replaced by the declaration by the European Community on the exercise of competence and voting rights according to Article II(6) of the GFCM Agreement contained in the Annex hereto.
   2.   The President of the Council is hereby authorised to notify the amended declaration by the European Community to the Director-General of the Food and Agriculture Organisation.

      Done at Brussels, 19 November 2004.

            For the Council

            The President

         J. P. H. DONNER

      (1)  OJ C 15, 20.1.1999, p. 13.

      (2)  OJ C 150, 28.5.1999, p. 153.

      (3)  Council Decision 98/416/EC of 16 June 1998 on the accession of the European Community to the General Fisheries Commission for the Mediterranean (OJ L 190, 4.7.1998, p. 34).

      (4)  OJ L 197, 3.8.2000, p. 35.

      ANNEX
      Single declaration by the European Community on the exercise of competence and voting rights according to Article II(6) of the GFCM Agreement
      This declaration specifies the competence of the European Community and of its Member States in matters covered by the Agreement establishing the GFCM.
      1.   European Community's exclusive competence
      For agenda items dealing with conservation and management of living marine resources, the European Community has exclusive competence and voting rights.
      2.   Member States' competence
      For agenda items dealing with organisational matters (legal and procedural issues), the Member States of the European Community have competence and voting rights.
      3.   Shared competence

                  (a)

                  For agenda items dealing with statistics and aquaculture, the competence is shared between the European Community and its Member States. The European Community has voting rights.

                  (b)

                  For agenda items dealing with research and development aid, the competence is shared between the European Community and its Member States. Member States have voting rights.

                  (c)

                  For agenda items dealing with consideration of reports and cooperation with other organisations, the competence is shared between the European Community and its Member States, in accordance with the same principles of distribution of competence as those set out in this declaration.

                  (d)

                  For agenda items dealing with budgetary issues, the competence is shared between the European Community and its Member States. The European Community has voting rights.

            This declaration replaces the preceding declaration as of 1 December 2004 and applies to all GFCM meetings unless a specific statement is made by the European Community in respect of any meeting or agenda item.
      Should the scope of the competence shared between the European Community and its Member States change, this declaration will be supplemented or modified.


title: Council Decision (CFSP) 2017/1560 of 14 September 2017 amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da'esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them

text:
               15.9.2017

               EN

               Official Journal of the European Union

               L 237/71

         COUNCIL DECISION (CFSP) 2017/1560
   of 14 September 2017
   amending Decision (CFSP) 2016/1693 concerning restrictive measures against ISIL (Da'esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to Council Decision (CFSP) 2016/1693 of 20 September 2016 concerning restrictive measures against ISIL (Da'esh) and Al-Qaeda and persons, groups, undertakings and entities associated with them and repealing Common Position 2002/402/CFSP (1),
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 20 September 2016, the Council adopted Decision (CFSP) 2016/1693.

               (2)

               The restrictive measures set out in Article 2(2) and Article 3(3) and (4) of Decision (CFSP) 2016/1693 apply until 23 September 2017. On the basis of a review of that Decision, the restrictive measures should be extended until 31 October 2018.

               (3)

               Decision (CFSP) 2016/1693 should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 6 (5) of Decision (CFSP) 2016/1693 is replaced by the following:

      ‘5.   The measures referred to in Article 2(2) and Article 3(3) and (4) shall apply until 31 October 2018.’.

   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 14 September 2017.

            For the Council

            The President

         A. ANVELT

      (1)  OJ L 255, 21.9.2016, p. 25.


title: 2011/21/EU: Decision of the European Central Bank of 13 December 2010 on the paying-up of the increase of the European Central Bank’s capital by the national central banks of Member States whose currency is the euro (ECB/2010/27)

text:
               15.1.2011

               EN

               Official Journal of the European Union

               L 11/54

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 13 December 2010
   on the paying-up of the increase of the European Central Bank’s capital by the national central banks of Member States whose currency is the euro
   (ECB/2010/27)
   (2011/21/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’), and in particular Article 28.3 thereof,
   Whereas:

               (1)

               Decision ECB/2008/24 of 12 December 2008 laying down the measures necessary for the paying-up of the European Central Bank’s capital by the participating national central banks (1) determined how and to what extent the national central banks (NCBs) of the Member States whose currency is the euro were under an obligation to pay up the capital of the European Central Bank (ECB) on 1 January 2009.

               (2)

               Pursuant to Article 1 of Decision ECB/2010/26 of 13 December 2010 on the increase of the European Central Bank’s capital (2) the ECB’s capital has been increased by EUR 5 000 million from EUR 5 760 652 402,58 to EUR 10 760 652 402,58 with effect from 29 December 2010.

               (3)

               Decision ECB/2008/23 of 12 December 2008 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital (3) lays down the key for subscription to the ECB’s capital in accordance with Article 29.3 of the Statute of the ESCB and establishes with effect from 1 January 2009 the weightings assigned to each NCB in the capital key (hereinafter the ‘capital key weightings’).

               (4)

               Pursuant to Article 28.3 of the Statute of the ESCB the Governing Council, acting by the qualified majority provided for in Article 10.3 of the Statute of the ESCB, has the competence to determine the extent to which and the form in which the capital is to be paid up.

               (5)

               Pursuant to Article 1 of Council Decision 2010/416/EU of 13 July 2010 in accordance with Article 140(2) of the Treaty on the adoption by Estonia of the euro on 1 January 2011 (4), Estonia fulfils the necessary conditions for adoption of the euro and the derogation granted to it pursuant to Article 4 of the 2003 Act of Accession (5) will be abrogated with effect from 1 January 2011.

               (6)

               In accordance with Decision ECB/2010/34 of 31 December 2010 on the paying-up of capital, transfer of foreign reserve assets and contributions by Eesti Pank to the European Central Bank’s reserves and provisions (6) Eesti Pank is under an obligation to pay up the remaining share of its subscription to the ECB’s capital with effect from 1 January 2011, taking into account the increase of the ECB’s capital with effect from 29 December 2010 and the form in which the capital is to be paid up,

         HAS ADOPTED THIS DECISION:
   Article 1
   Extent and form of subscribed and paid-up capital
   1.   Taking into account the capital key weightings set out in Article 2 of Decision ECB/2008/23 and the increase of the ECB’s capital in accordance with Article 1 of Decision ECB/2010/26, each NCB shall have a total subscribed capital of the amount shown next to its name in the following table:

               NCB

               EUR

               Nationale Bank van België/Banque Nationale de Belgique

               261 010 384,68

               Deutsche Bundesbank

               2 037 777 027,43

               Central Bank of Ireland

               119 518 566,24

               Bank of Greece

               211 436 059,06

               Banco de España

               893 564 575,51

               Banque de France

               1 530 293 899,48

               Banca d’Italia

               1 344 715 688,14

               Central Bank of Cyprus

               14 731 333,14

               Banque centrale du Luxembourg

               18 798 859,75

               Central Bank of Malta

               6 800 732,32

               De Nederlandsche Bank

               429 156 339,12

               Oesterreichische Nationalbank

               208 939 587,70

               Banco de Portugal

               188 354 459,65

               Banka Slovenije

               35 381 025,10

               Národná banka Slovenska

               74 614 363,76

               Suomen Pankki

               134 927 820,48

         2.   Each NCB shall pay up the additional amount shown next to its name in the following table:

               NCB

               EUR

               Nationale Bank van België/Banque Nationale de Belgique

               121 280 000

               Deutsche Bundesbank

               946 865 000

               Central Bank of Ireland

               55 535 000

               Bank of Greece

               98 245 000

               Banco de España

               415 200 000

               Banque de France

               711 060 000

               Banca d’Italia

               624 830 000

               Central Bank of Cyprus

               6 845 000

               Banque centrale du Luxembourg

               8 735 000

               Central Bank of Malta

               3 160 000

               De Nederlandsche Bank

               199 410 000

               Oesterreichische Nationalbank

               97 085 000

               Banco de Portugal

               87 520 000

               Banka Slovenije

               16 440 000

               Národná banka Slovenska

               34 670 000

               Suomen Pankki

               62 695 000

         3.   NCBs shall pay to the ECB the amounts specified in paragraph 2 by means of a separate transfer via the Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2).
   4.   Each NCB shall pay up its increased capital share in three equal annual instalments. The first instalment shall be paid on 29 December 2010, and the following instalments shall be paid 2 business days before the last TARGET2 operating day of the following 2 years.
   Article 2
   Entry into force
   This Decision shall enter into force on 29 December 2010.

      Done at Frankfurt am Main, 13 December 2010.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 21, 24.1.2009, p. 69.

      (2)  See page 53 of this Official Journal.

      (3)  OJ L 21, 24.1.2009, p. 66.

      (4)  OJ L 196, 28.7.2010, p. 24.

      (5)  Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ L 236, 23.9.2003, p. 33).

      (6)  See page 58 of this Official Journal.


title: 2004/928/EC:Council Decision of 22 December 2004 on the appointment of the Special Coordinator of the Stability Pact for South-Eastern Europe

text:
               31.12.2004

               EN

               Official Journal of the European Union

               L 396/47

      COUNCIL DECISION

   of 22 December 2004
   on the appointment of the Special Coordinator of the Stability Pact for South-Eastern Europe
   (2004/928/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 1080/2000 of 22 May 2000 on support for the United Nations Interim Mission in Kosovo (UNMIK), the Office of the High Representative in Bosnia and Herzegovina (OHR) and the Stability Pact for South-Eastern Europe (SP) (1), and in particular Article 1a thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 10 June 1999 the Foreign Ministers of the Member States of the European Union and the Commission of the European Communities, together with the other participants in the Stability Pact for South-Eastern Europe, agreed to establish a Stability Pact for South-Eastern Europe, hereinafter called the ‘Stability Pact’.

               (2)

               Article 1a of Regulation (EC) No 1080/2000 provides for the Special Coordinator of the Stability Pact to be appointed on an annual basis.

               (3)

               It is necessary to establish, together with the appointment, a mandate for the Special Coordinator. Experience has shown that the mandate laid down in Council Decision 2003/910 of 22 December 2003 on the appointment of the Special Coordinator of the Stability Pact for South-Eastern Europe (2) for 2004 is appropriate.

               (4)

               It is appropriate to lay down clear lines of responsibility as well as guidance on coordination and reporting,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Dr Erhard BUSEK is hereby appointed Special Coordinator of the Stability Pact for South-Eastern Europe.
   Article 2
   The Special Coordinator shall carry out the functions provided for in point 13 of the Stability Pact document of 10 June 1999.
   Article 3
   In order to achieve the objective referred to in Article 2, the mandate of the Special Coordinator shall be to:

               (a)

               promote achievement of the Stability Pact's objectives within, and between, the individual countries, where the Stability Pact proves to have an added value;

               (b)

               chair the South-Eastern Europe Regional Table;

               (c)

               maintain close contact with all participants and facilitating States, organisations and institutions of the Stability Pact, as well as relevant regional initiatives and organisations, with a view to fostering regional cooperation and enhancing regional ownership;

               (d)

               cooperate closely with all institutions of the European Union and its Member States in order to promote the role of the European Union in the Stability Pact in accordance with points 18, 19, and 20 of the Stability Pact document and to ensure complementarity between the work of the Stability Pact and the Stabilisation and Association Process;

               (e)

               meet periodically and collectively as appropriate with the Chairs of the Working Tables to ensure strategic overall coordination and act as the secretariat of the South-Eastern Europe Regional Table and its instruments;

               (f)

               work on the basis of a list, agreed in advance and in consultation with the participants in the Stability Pact, of priority actions for the Stability Pact to implement during 2005, and keep the working methods and structures of the Stability Pact under review, ensuring consistency and efficient use of resources.

         Article 4
   The Special Coordinator shall conclude a financing agreement with the Commission.
   Article 5
   The activities of the Special Coordinator shall be coordinated with those of the Secretary-General of the Council/High Representative for the CFSP, the Presidency of the Council and the Commission, notably in the framework of the Informal Consultative Committee. In the field, close liaison shall be maintained with the Presidency of the Council, the Commission, the Member States' Heads of Mission, the Special Representatives of the European Union, as well as with the Office of the High Representative in Bosnia and Herzegovina and the United Nations Civil Administration in Kosovo.
   Article 6
   The Special Coordinator shall report, as appropriate, to the Council and the Commission. He will continue to inform the European Parliament regularly about his activities.
   Article 7
   This Decision shall take effect on the day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2005 until 31 December 2005.

      Done at Brussels, 22 December 2004

            For the Council

            The President

         C. VEERMAN

      (1)  OJ L 122, 24.5.2000, p. 27. Regulation as amended by Regulation (EC) No 2098/2003 (OJ L 316, 29.11.2003, p. 1).

      (2)  OJ L 342, 30.12.2003, p. 51.


Avis juridique important

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31996D0413

96/413/EC: Council Decision of 25 June 1996 on the implementation of a Community action programme to strengthen the competitiveness of European industry

Official Journal L 167 , 06/07/1996 P. 0055 - 0057

COUNCIL DECISION of 25 June 1996 on the implementation of a Community action programme to strengthen the competitiveness of European industry (96/413/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 130 (3) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament (1),Having regard to the opinion of the Economic and Social Committee (2),Having regard to the opinion of the Committee of the Regions (3),(1) Whereas the heads of State or Government, meeting as the European Council on 10 and 11 December 1993 in Brussels, endorsed the White Paper 'Growth, competitiveness and employment` as the terms of reference for action by the European Union and its Member States, supporting an approach to industrial development based on global competitiveness, a factor generating growth and employment;(2) Whereas on 22 April 1994 the Council adopted conclusions on improving the competitiveness of European industry, based on the said White Paper;(3) Whereas, on the basis of a Commission communication of September 1994, the Council adopted the resolution of 21 November 1994 (4) on the strengthening of the competitiveness of Community industry, which stressed in particular that a competitive innovatory industry in the Community is a prerequisite for lasting economic growth and the creation of new jobs; whereas the framework conditions for competitiveness and competition must be improved so that the European Union remains an attractive location for business leading to the creation of new firms and new jobs;(4) Whereas on 10 October 1994 the Council adopted a resolution in support of the Commission's integrated programme in favour of small and medium-sized enterprises and the craft sector;(5) Whereas the Cannes European Council on 26 and 27 June 1995 welcomed with great interest the report of the Advisory Group on Competitiveness (Ciampi Group);(6) Whereas on 29 June 1995 the European Parliament adopted a resolution on the Commission communication on an industrial competitiveness policy for the European Union;(7) Whereas industrial production and services increasingly complement each other; whereas, consequently, a competitive industrial sector is indispensable in order fully to exploit the possibilities of job creation in the service sector;(8) Whereas the internal markets in energy and telecommunications must be completed with a view to rapid strengthening of the competitiveness of this sector and of industry in general;(9) Whereas economic and social cohesion and the competitiveness of European industry are linked in that competitive European industry can contribute to cohesion and cohesion can provide industry with the benefits of a wider commercial and geographic base;(10) Whereas the maintenance and improvement of industrial competitiveness is primarily the task of business and it is for the Community and the Member States to ensure that the necessary conditions prevail; whereas it is particularly urgent that the Community and the Member States, within the framework of their respective powers, adopt measures to that effect;(11) Whereas accelerating technical progress, increasing globalization of markets, intensification of international competition and the increasing importance of enviromental protection require greater efforts from all those with responsibility in the economic, political and social fields in order to facilitate the necessary structural adjustments, inter alia, to ensure sustainable development, and to create new jobs;(12) Whereas greater attention to the needs of the market in terms of research policy and the establishment of the information society will have a determining influence on all the European Union's industrial activities;(13) Whereas it is necessary to avoid distortions of competition and to promote the opening up of markets both within and outside the Community;(14) Whereas the development of human resources, especially through vocational training, constitutes an essential aspect of the structural adjustments which are necessary in order to increase industrial competitiveness;(15) Whereas it is necessary to clarify the legal bases for measures taken in the industrial sphere to implement the action announced in the communication on an industrial competitiveness policy for the European Union;(16) Whereas investment plays a strategic role in the strengthening of industrial cooperation which, in view of its multiplier effect, constitutes a priority instrument in social and economic development and in bringing nations closer together,HAS DECIDED AS FOLLOWS:Article 1 The guidelines in the action programme set out in Annex are hereby adopted, to strengthen the competitiveness of European industry, which is a prerequisite for lasting economic growth and the creation of new jobs and will contribute to economic and social cohesion; the programme has the following objectives:(a) to modernize the industrial role of public authorities in order to eliminate unnecessary legal and administrative constraints on enterprises, particularly small and medium-sized enterprises;(b) to ensure undisturbed competition both internal and external to the Community;(c) to strengthen industrial cooperation;(d) to promote intangible competitiveness factors.Article 2 Each year the Commission shall send the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions a report evaluating the results obtained together with, where necessary, appropriate proposals.Done at Luxembourg, 25 June 1996.For the CouncilThe PresidentM. PINTO(1) OJ No C 308, 20. 11. 1995, p. 470.(2) OJ No C 39, 12. 2. 1996, p. 1.(3) OJ No C 100, 2. 4. 1996, p. 14.(4) OJ No C 343, 6. 12. 1994, p. 1.ANNEX ACTION PROGRAMME TO STRENGTHEN THE INDUSTRIAL COMPETITIVENESS OF THE EUROPEAN UNION Principal guidelines 1. Implementation of the initiatives announced in the Communication on an industrial competitiveness policy for the European Union in the areas of:- intangible investments,- industrial cooperation,- industrial aspects of competition,- modernization of the role of the public authorities.2. Facilitating the emergence of the learning society, mainly by promoting continuing training.3. Development of industrial cooperation in the light of the particular situation in countries in:- Central and Eastern Europe, the Baltic States and the CIS countries,- the Mediterranean and Latin America,- Asia,- the ACP and southern Africa.4. Strengthening and deepening of the relationship between the European Union and the United States, mainly through support for the Trans-Atlantic Business Dialogue.5. Establishment, in collaboration with the competent commercial policy committee, with national administrations and with industry, of a database on the obstacles faced by European companies in third countries, market by market.6. Examination of the issue of relocation of industry and services and report on the results to the Directors-General of Industry.7. Improving the functioning of the internal market, in particular with a view to speeding up the standardization process and to strengthening the efforts to coordinate national initiatives to assist companies facing barriers to trade in the European Union.8. Examining and enhancing the complementarity between industrial activities and related services.9. Annual report on the development of the competitiveness of European industry, based in particular on the information obtained for the Panorama of European Industry.10. Regular progress reports to the Directors-General of Industry on progress with this action programme and on possible adjustments to the programme for subsequent years.


title: 2011/814/CFSP: Political and Security Committee Decision EUTM Somalia/2/2011 of 6 December 2011 on the establishment of the Committee of Contributors for the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia)

text:
               7.12.2011

               EN

               Official Journal of the European Union

               L 324/34

         POLITICAL AND SECURITY COMMITTEE DECISION EUTM SOMALIA/2/2011
   of 6 December 2011
   on the establishment of the Committee of Contributors for the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia)
   (2011/814/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third subparagraph of Article 38 thereof,
   Having regard to Council Decision 2010/96/CFSP of 15 February 2010 on a European Union military mission to contribute to the training of Somali security forces (1) (EUTM Somalia), and in particular Article 8(5) thereof,
   Whereas:

               (1)

               Pursuant to Article 8(5) of Council Decision 2010/96/CFSP, the Council authorised the Political and Security Committee (PSC) to take relevant decisions on the establishment of a Committee of Contributors (CoC) for EUTM Somalia.

               (2)

               The European Council Conclusions of Nice of 7, 8 and 9 December 2000 and those of Brussels of 24 and 25 October 2002 laid down the arrangements for the participation of third States in crisis management operations and the setting-up of a CoC.

               (3)

               The CoC will play a key role in the day-to-day management of EUTM Somalia. It will be the main forum where contributing States collectively address questions relating to the employment of their forces in the mission. The PSC, which exercises the political control and strategic direction of the mission, will take account of the views expressed by the CoC.

               (4)

               In accordance with Article 5 of the Protocol (No 22) on the position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Denmark does not, therefore, participate in the implementation of this Decision and in the financing of EUTM Somalia,

         HAS ADOPTED THIS DECISION:
   Article 1
   Establishment and terms of reference
   A Committee of Contributors (CoC) for the European Union military mission to contribute to the training of Somali security forces (EUTM Somalia) is hereby established. Its terms of reference are laid down in the European Council Conclusions of Nice of 7, 8 and 9 December 2000 and those of Brussels of 24 and 25 October 2002.
   Article 2
   Composition
   1.   The CoC members shall be the following:

               —

               representatives of all Member States, and

               —

               representatives of third States participating in the mission and providing significant military contributions, as referred to in the Annex.

         2.   The EU Mission Commander, or his or her representative, the Director-General of the European Union Military Staff, or his or her representative, and representatives of the Commission shall attend the CoC meetings.
   3.   Third persons may be invited for relevant parts of the discussion, as appropriate.
   Article 3
   Chair
   The CoC shall be chaired by the High Representative of the Union for Foreign Affairs and Security Policy or by his or her representative in close consultation with the Chairman of the European Union Military Committee (CEUMC) or his or her representative.
   Article 4
   Meetings
   1.   The CoC shall be convened by the Chair on a regular basis. Where circumstances require, emergency meetings may be convened on the Chair’s initiative, or at the request of a member.
   2.   The Chair shall circulate in advance a provisional agenda and documents relating to the meeting. A summary of the meeting shall be circulated after each meeting.
   Article 5
   Procedure
   1.   Without prejudice to paragraph 3 and to the competencies of the PSC and the responsibilities of the EU Mission Commander,

               —

               unanimity of the representatives of States contributing to the mission shall be required for the CoC to take decisions on the day-to-day management of the mission,

               —

               unanimity of the CoC members shall be required for the CoC to make recommendations on possible adjustments to operational planning, including possible adjustments to objectives.

         The abstention of a CoC member shall not preclude unanimity.
   2.   The Chair shall establish that the majority of the representatives of States entitled to take part in the deliberations is present.
   3.   All procedural questions shall be settled by the simple majority of the CoC members present at the meeting.
   4.   Denmark shall not take part in any decision of the CoC.
   Article 6
   Confidentiality
   1.   In accordance with Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (2), the Council’s security rules shall apply to the meetings and proceedings of the CoC. In particular, representatives in the CoC shall possess adequate security clearance.
   2.   The deliberations of the CoC shall be covered by the obligation of professional secrecy, except in so far as the CoC unanimously decides otherwise.
   Article 7
   Entry into force
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 6 December 2011.

            For the Political and Security Committee

            The Chairperson

         O. SKOOG

      (1)  OJ L 44, 19.2.2010, p. 16.

      (2)  OJ L 141, 27.5.2011, p. 17.

      ANNEX

         List of the third State(s) referred to in Article 2(1), second indent

                  —

                  Serbia.


Avis juridique important

|

32003D0299

2003/299/EC: Council Decision of 14 April 2003 on the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions

Official Journal L 107 , 30/04/2003 P. 0036 - 0039

Council Decisionof 14 April 2003on the conclusion of a Protocol adjusting the trade aspects of the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions(2003/299/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with Article 300(2), first subparagraph, first sentence thereof,Having regard to the proposal from the Commission,Whereas:(1) The Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part(1) (hereinafter referred to as "the Europe Agreement"), provides for certain reciprocal trade concessions for certain agricultural products.(2) Article 21(5) of the Europe Agreement provides that the Community and the Slovak Republic are to examine product by product and on an orderly and reciprocal basis the possibilities of granting each other further concessions.(3) The first improvements to the preferential arrangements of the Europe Agreement were provided for in the Protocol adjusting trade aspects of the Europe Agreement to take account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the outcome of the Uruguay Round negotiations on agriculture, including improvements to the existing preferential arrangements, approved by Decision 98/638/EC(2).(4) Improvements to the preferential arrangements were also provided for as a result of negotiations to liberalise agricultural trade concluded in 2000. On the Community side, these were implemented from 1 July 2000 by Regulation (EC) No 2434/2000 of 17 October 2000 establishing certain concessions in the form of Community tariff quotas for certain agricultural products and providing for an adjustment, as an autonomous and transitional measure, of certain agricultural concessions provided for in the Europe Agreement with the Slovak Republic(3). This second adjustment of the preferential arrangements has not yet been incorporated in the Europe Agreement in the form of an Additional Protocol.(5) Negotiations for further improvements to the preferential arrangements of the Europe Agreement were concluded on 3 May 2000 and on 25 June 2002.(6) The new Additional Protocol to the Europe Agreement adjusting the trade aspects of the Europe Agreement between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part (hereinafter referred to as "the Protocol") should be approved with a view to consolidating all concessions in agricultural trade between the two sides, including the results of the negotiations concluded in 2000 and 2002.(7) Commission Regulation (EEC) No 2454/93 of 2 July 1993 laying down provisions for the implementation of Council Regulation (EEC) No 2913/92 establishing the Community Customs Code(4) has codified the management rules for tariff quotas designed to be used following the chronological order of dates of customs declarations. Certain tariff quotas under this Decision should therefore be administered in accordance with those rules.(8) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5).(9) As a result of the aforementioned negotiations, Regulation (EC) No 2434/2000 has effectively lost its substance and should therefore be repealed,HAS DECIDED AS FOLLOWS:Article 1The Protocol adjusting the trade aspects of the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part, to take account of the outcome of negotiations between the parties on new mutual agricultural concessions, is hereby approved on behalf of the Community.Article 2The President of the Council is hereby authorised to designate the person empowered to sign the Protocol on behalf of the Community and give the notification of approval provided for in Article 3 of the Protocol.Article 31. Upon this Decision taking effect, the arrangements provided for in the Annexes of the Protocol attached to this Decision shall replace those referred to in Annexes XI and XII as referred to in Article 21(2) and (4), as amended, of the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Slovak Republic, of the other part.2. The Commission shall adopt rules for the application of the Protocol in accordance with the procedure referred to in Article 6(2).Article 41. The order numbers as attributed to the tariff quotas in the Annex to this Decision may be changed by the Commission in accordance with the procedure referred to in Article 6(2). Tariff quotas with an order number above 09.5100 shall be administered by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93.2. Quantities of goods subject to tariff quotas and released for free circulation as from 1 July 2002 under the concessions provided for in Annex A(b) to Regulation (EC) No 2434/2000 shall be fully counted against the quantities provided for in the fourth column in Annex A(b) to the attached Protocol, except for quantities for which import licences were issued before 1 July 2002.Article 5Entitlement to the benefits from the Community tariff quota for wine referred to in Annex to this Decision and in Annex C of the protocol shall be subject to the presentation of a VI 1 document or a V I 2 extract in accordance with Commission Regulation (EC) No 883/2001 of 24 April 2001 laying down detailed rules for implementing Council Regulation (EC) No 1493/1999 as regards trade with third countries in products in the wine sector(6).Article 61. The Commission shall be assisted by the Committee for Cereals instituted by Article 23 of Council Regulation (EEC) No 1766/92 of 30 June 1992 on the common organisation of the market in cereals(7) or, where appropriate, by the committee instituted by the relevant provisions of the other regulations on the common organisation of agricultural markets.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.The period provided for in Article 4(3) of Decision 1999/468/EC shall be one month.3. The Committee shall adopt its Rules of Procedure.Article 7Regulation (EC) No 2434/2000 shall be repealed from the entry into force of the Protocol.Done at Brussels, 14 April 2003.For the CouncilThe PresidentA. Giannitsis(1) OJ L 359, 31.12.1994, p. 2.(2) OJ L 306, 16.11.1998, p. 2.(3) OJ L 280, 4.11.2000, p. 9.(4) OJ L 253, 11.10.1993, p. 1; Regulation as last amended by Regulation (EC) No 444/2002 (OJ L 68, 12.3.2002 p. 11).(5) OJ L 184, 17.7.1999, p. 23.(6) OJ L 128, 10.5.2001, p. 1; Regulation as last amended by Regulation (EC) No 2380/2002 (OJ L 358, 31.12.2002, p. 117).(7) OJ L 181, 1.7.1992, p. 21; Regulation as last amended by Regulation (EC) No 1666/2000 (OJ L 193, 29.7.2000, p. 1).ANNEXOrder numbers for EU tariff quotas for products originating in the Slovak Republic (as referred to in Article 4)>TABLE>


title: 2013/100/EU: Council Decision of 10 May 2012 on the signing, on behalf of the Union, and provisional application, of the Agreement between the European Union and the Government of the Democratic Socialist Republic of Sri Lanka on certain aspects of air services

text:
               22.2.2013

               EN

               Official Journal of the European Union

               L 49/1

      COUNCIL DECISION

   of 10 May 2012
   on the signing, on behalf of the Union, and provisional application, of the Agreement between the European Union and the Government of the Democratic Socialist Republic of Sri Lanka on certain aspects of air services
   (2013/100/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               By its Decision of 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with an agreement at Union level.

               (2)

               On behalf of the Union, the Commission has negotiated an Agreement with the Government of the Democratic Socialist Republic of Sri Lanka on certain aspects of air services (‘the Agreement’) in accordance with the mechanisms and directives in the Annex to the Council Decision of 5 June 2003.

               (3)

               The Agreement should be signed and applied on a provisional basis, pending the completion of the procedures for its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Agreement between the European Union and the Government of the Democratic Socialist Republic of Sri Lanka on certain aspects of air services is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   Pending its entry into force, the Agreement shall be applied on a provisional basis, in accordance with Article 7(2) of the Agreement, as from the date of its signature (1).
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 10 May 2012.

            For the Council

            The President

         U. ELBÆK

      (1)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

         AGREEMENT

      between the European Union and the Government of the Democratic Socialist Republic of Sri Lanka on certain aspects of air services
      THE EUROPEAN UNION,
      (hereinafter referred to as ‘the Union’)
      of the one part, and
      THE GOVERNMENT OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA,
      (hereinafter referred to as ‘Sri Lanka’),
      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 Union and Sri Lanka,
      RECOGNISING that certain provisions of the bilateral air service agreements between Member States of the Union and Sri Lanka, which are contrary to the law of the Union, must be brought into conformity with the law of the Union in order to establish a sound legal basis for air services between the Union and Sri Lanka and to preserve the continuity of such air services,
      NOTING that the Union has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the Union and third countries,
      NOTING that under the law of the Union Community air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the Union and third countries,
      HAVING REGARD to the agreements between the Union and certain third countries providing for the possibility for the nationals of such third countries (countries listed under Annex 3) to acquire ownership in air carriers licensed in accordance with the law of the Union,
      NOTING that under the law of the Union air carriers may not, in principle, conclude agreements which may affect trade between Member States of the Union and which have as their object or effect the prevention, restriction or distortion of competition,
      RECOGNISING that provisions in bilateral air service agreements concluded between Member States of the Union and Sri Lanka which (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers on the relevant routes; or (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to air carriers or other private economic operators the responsibility for taking measures that prevent, distort or restrict competition between air carriers on the relevant routes may render ineffective the application of the competition rules applicable to undertakings,
      RECOGNISING that where a Member State has designated an air carrier whose regulatory control with regard to safety oversight is exercised and maintained by another Member State, the rights of Sri Lanka under the safety provisions of the agreement between the Member State that has designated the carrier and Sri Lanka should apply equally in relation to that other Member State,
      NOTING that the bilateral air services agreements listed in Annex 1 are based on the general principle that the designated airlines of the parties shall have fair and equal opportunities in operating the agreed services on the specified routes,
      NOTING that it is not a purpose of this agreement to increase the total volume of air traffic between the Union and Sri Lanka, to affect the balance between Community air carriers and air carriers of Sri Lanka, 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 Union, and ‘EU Treaties’ shall mean the Treaty on European Union and the Treaty on the Functioning of the European Union.
      2.   References in each of the agreements listed in Annex 1 to nationals of the Member State that is a party to that agreement shall be understood as referring to nationals of the Member States.
      3.   References in each of the agreements listed in Annex 1 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.
      4.   The granting of traffic rights will continue to be carried out through bilateral arrangements.
      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 2 (a) and (b) respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by Sri Lanka, 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, Sri Lanka shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

                  (a)

                  the air carrier is established, under the EU Treaties, in the territory of the designating Member State and has a valid Operating Licence in accordance with the law of the Union; and

                  (b)

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

                  (c)

                  the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex 3 and/or nationals of such other states and shall at all times be effectively controlled by such state and/or such nationals.

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

                  (a)

                  the air carrier is not established, under the EU Treaties, in the territory of the designating Member State or does not have a valid Operating Licence in accordance with the law of the Union; or

                  (b)

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

                  (c)

                  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 3 and/or nationals of such other states; or

                  (d)

                  the air carrier is already authorised to operate under bilateral agreement between Sri Lanka and another Member State and by exercising traffic rights under this Agreement on a route that includes a point in that other Member State, it would be circumventing restrictions on the traffic rights imposed by that other agreement; or

                  (e)

                  the air carrier designated holds an Air Operator’s Certificate issued by a Member State with which Sri Lanka does not have a bilateral air services agreement and that Member State has denied traffic rights to Sri Lanka.

            In exercising its right under this paragraph, Sri Lanka shall not discriminate between Community air carriers on the grounds of nationality.
      Article 3
      Safety
      1.   The provisions in paragraph 2 of this Article shall complement the corresponding provisions in the articles listed in Annex 2 (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 Sri Lanka under the safety provisions of the agreement between the Member State that has designated the air carrier and Sri Lanka 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
      Compatibility with competition rules
      1.   Notwithstanding any other provision to the contrary, nothing in each of the agreements listed in Annex 1 shall (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent or distort competition; (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to private economic operators the responsibility for taking measures that prevent, distort or restrict competition.
      2.   The provisions contained in the agreements listed in Annex 1 that are incompatible with paragraph 1 of this Article shall not be applied.
      Article 5
      Annexes to the Agreement
      The Annexes to this Agreement shall form an integral part thereof.
      Article 6
      Review, Revision or amendment
      The Parties may, at any time, review, revise or amend this Agreement by mutual consent.
      Article 7
      Entry into force and provisional application
      1.   This Agreement shall enter into 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 date of signature until it enters into force.
      3.   This Agreement shall apply to all agreements and arrangements listed in Annex 1 including those that, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally.
      Article 8
      Termination
      1.   In the event that an agreement listed in Annex 1 is terminated, all provisions of this Agreement that relate to the agreement listed in Annex 1 concerned shall terminate at the same time.
      2.   In the event that all agreements listed in Annex 1 are terminated, this Agreement shall terminate at the same time.

         IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
         Done in duplicate, 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 Sinhala languages, all texts being equally authentic.
         Съставено в Брюксел на двадесет и седми септември две хиляди и дванадесета година.
         Hecho en Bruselas, el veintisiete de septiembre de dos mil doce.
         V Bruselu dne dvacátého sedmého září dva tisíce dvanáct.
         Udfærdiget i Bruxelles den syvogtyvende september to tusind og tolv.
         Geschehen zu Brüssel am siebenundzwanzigsten September zweitausendzwölf.
         Kahe tuhande kaheteistkümnenda aasta septembrikuu kahekümne seitsmendal päeval Brüsselis.
         Έγινε στις Βρυξέλλες, στις είκοσι εφτά Σεπτεμβρίου δύο χιλιάδες δώδεκα.
         Done at Brussels on the twenty-seventh day of September in the year two thousand and twelve.
         Fait à Bruxelles, le vingt-sept septembre deux mille douze.
         Fatto a Bruxelles, addì ventisette settembre duemiladodici.
         Briselē, divi tūkstoši divpadsmitā gada divdesmit septītajā septembrī.
         Priimta du tūkstančiai dvyliktų metų rugsėjo dvidešimt septintą dieną Briuselyje.
         Kelt Brüsszelben, a kétezer-tizenkettedik év szeptember havának huszonhetedik napján.
         Magħmul fi Brussell, fis-sebgħa u għoxrin jum ta’ Settembru tas-sena elfejn u tnax.
         Gedaan te Brussel, de zevenentwintigste september tweeduizend twaalf.
         Sporządzono w Brukseli dnia dwudziestego siódmego września roku dwa tysiące dwunastego.
         Feito em Bruxelas, em vinte e sete de setembro de dois mil e doze.
         Întocmit la Bruxelles la douăzeci și șapte septembrie două mii doisprezece.
         V Bruseli dvadsiateho siedmeho septembra dvetisícdvanásť.
         V Bruslju, dne sedemindvajsetega septembra leta dva tisoč dvanajst.
         Tehty Brysselissä kahdentenakymmenentenäseitsemäntenä päivänä syyskuuta vuonna kaksituhattakaksitoista.
         Som skedde i Bryssel den tjugosjunde september tjugohundratolv.

            За Европейския сьюз
            Por la Unión Europea
            Za Evropskou unii
            For Den Europæiske Union
            Für die Europäische Union
            Euroopa Liidu nimel
            Για την Ευρωπαϊκή Ένωση
            For the European Union
            Pour l'Union européenne
            Per l'Unione europea
            Eiropas Savienības vārdā –
            Europos Sąjungos vardu
            Az Európai Unió részéről
            Għall-Unjoni Ewropea
            Voor de Europese Unie
            W imieniu Unii Europejskiej
            Pela União Europeia
            Pentru Uniunea Europeană
            Za Európsku úniu
            Za Evropsko unijo
            Euroopan unionin puolesta
            För Europeiska unionen

            За Правителството на Демократична социалистическа република Шри Ланка
            Por el Gobierno de la República Socialista Democrática de Sri Lanka
            Za vládu Srílanské demokratické socialistické republiky
            For Den Demokratiske Socialistiske Republik Sri Lankas regering
            Für die Regierung der Demokratischen Sozialistischen Republik Sri Lanka
            Sri Lanka Demokraatliku Sotsialistliku Vabariigi valitsuse nimel
            Για την Κυβέρνηση της Λαϊκής Σοσιαλιστικής Δημοκρατίας της Σρι Λάνκα
            For the Government of the Democratic Socialist Republic of Sri Lanka
            Pour le Gouvernement de la République Socialiste Démocratique de Sri Lanka
            Per il governo della Repubblica democratica socialista di Sri Lanka
            Šrilankas Demokrātiskās Sociālistiskās Republikas valdības vārdā –
            Šri Lankos Demokratinės Socialistinės Respublikos Vyriausybės vardu
            A Srí Lanka Demokratikus Szocialista Köztársaság kormánya részéről
            Għall-Gvern tar-Repubblika Demokratika Soċjalista tas-Sri Lanka
            Voor de regering van de Democratische Socialistische Republiek Sri Lanka
            W imieniu Rządu Demokratyczno-Socjalistycznej Republiki Sri Lanki
            Pelo Governo da República Democrática Socialista do Sri Lanca
            Pentru Guvernul Republicii Democratice Socialiste Sri Lanka
            Za vládu Srílanskej demokratickej socialistickej republiky
            Za vlado Demokratične socialistične republike Šrilanke
            Sri Lankan demokraattisen sosialistisen tasavallan hallituksen puolesta
            För demokratiska socialistiska republiken Sri Lankas regering

         ANNEX 1

            LIST OF AGREEMENTS REFERRED TO IN ARTICLE 1 OF THIS AGREEMENT

         Air service agreements and other arrangements between Sri Lanka and Member States as modified or amended which, at the date of signature of this Agreement, have been concluded, signed or initialled:

                     —

                     Air Transport Agreement between the Austrian Federal Government and the Republic of Sri Lanka done in Colombo on 15 February 1978, hereinafter referred to as ‘Sri Lanka – Austria Agreement’ in Annex 2;

                     —

                     Agreement between the Government of the Kingdom of Belgium and the Government of the Democratic Socialist Republic of Sri Lanka on Air Transport done in Brussels on 15 December 1998, hereinafter referred to as ‘Sri Lanka – Belgium Agreement’ in Annex 2;

                     —

                     Agreement between the Government of the People’s Republic of Bulgaria and the Government of Ceylon for air services between and beyond their respective territories done at Colombo on 27 November 1970, hereinafter referred to as ‘Sri Lanka – Bulgaria Agreement’ in Annex 2;

                     —

                     Air Transport Agreement between the Government of the Republic of Cyprus and the Government of the Democratic Socialist Republic of Sri Lanka initialled in Colombo on 15 November 2002, hereinafter referred to as ‘Sri Lanka – Cyprus Agreement’ in Annex 2;

                     —

                     Agreement between the Government of the Czech Republic and the Government of the Democratic Socialist Republic of Sri Lanka on Air Services done at Prague on 20 April 2004, hereinafter referred to as ‘Sri Lanka – Czech Republic Agreement’ in Annex 2;

                     —

                     Agreement between the Government of Denmark and the Government of Ceylon relating to Air Services done in Colombo on 29 May 1959, hereinafter referred to as ‘Sri Lanka — Denmark Agreement’ in Annex 2;

                     —

                     Agreement between the Republic of France and Ceylon relating to Air Transport done in Colombo on 18 April 1966, hereinafter referred to as ‘Sri Lanka – France Agreement’ in Annex 2;

                     —

                     Air Transport Agreement between the Federal Republic of Germany and the Republic of Sri Lanka done at Colombo on 24 July 1973, hereinafter referred to as ‘Sri Lanka – Germany Agreement’ in Annex 2;

                     —

                     Air Transport Agreement between the Government of the Hellenic Republic and the Government of the Democratic Socialist Republic of Sri Lanka initialled in Athens on 5 November 2002, hereinafter referred to as ‘Sri Lanka – Greece Agreement’ in Annex 2;

                     —

                     Agreement between the Government of the Italian Republic and the Government of Ceylon relating to Air Services done in Colombo on 1 June 1959, hereinafter referred to as ‘Sri Lanka – Italy Agreement’ in Annex 2;

                     —

                     Agreement between the Government of the Kingdom of the Netherlands and the Government of Ceylon for Air Services between and beyond their respective territories done in Colombo on 14 September 1953, hereinafter referred to as ‘Sri Lanka – Netherlands Agreement’ in Annex 2;

                     —

                     Agreement between the Government of the Polish People’s Republic and the Government of the Democratic Socialist Republic of Sri Lanka for air services between and beyond their respective territories done at Colombo on 26 January 1982 hereinafter referred to as ‘Sri Lanka – Poland Agreement’ in Annex 2;

                     —

                     Agreement between the Government of Sweden and the Government of Ceylon relating to Air Services done in Colombo on 29 May 1959, hereinafter referred to as ‘Sri Lanka – Sweden Agreement’ in Annex 2;

                     —

                     Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Democratic Socialist Republic of Sri Lanka concerning Air Services done at Colombo on 22 April 1998, as amended, hereinafter referred to as ‘Sri Lanka – United Kingdom Agreement’ in Annex 2.

         ANNEX 2

            LIST OF ARTICLES IN THE AGREEMENTS LISTED IN ANNEX 1 AND REFERRED TO IN ARTICLES 2 TO 4 OF THIS AGREEMENT

                     (a)

                     Designation by a Member State:

                                 —

                                 Article 3 of the Sri Lanka — Austria Agreement;

                                 —

                                 Article 3 of the Sri Lanka — Belgium Agreement;

                                 —

                                 Article 4 of the Sri Lanka — Cyprus Agreement;

                                 —

                                 Article 3 of the Sri Lanka — Czech Republic Agreement;

                                 —

                                 Article 2 of the Sri Lanka — Denmark Agreement;

                                 —

                                 Article 3 of the Sri Lanka — France Agreement;

                                 —

                                 Article 3, paragraph 4, of the Sri Lanka — Germany Agreement;

                                 —

                                 Article 3 of the Sri Lanka — Greece Agreement;

                                 —

                                 Article 4, paragraphs 1 to 3, of the Sri Lanka — Italy Agreement;

                                 —

                                 Article 2 of the Sri Lanka — Netherlands Agreement;

                                 —

                                 Article 3 of the Sri Lanka — Poland Agreement;

                                 —

                                 Article 2 of the Sri Lanka — Sweden Agreement;

                                 —

                                 Article 4 of the Sri Lanka — United Kingdom Agreement.

                     (b)

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

                                 —

                                 Article 4 of the Sri Lanka — Austria Agreement;

                                 —

                                 Article 5 of the Sri Lanka — Belgium Agreement;

                                 —

                                 Article 3, paragraph 4, of the Sri Lanka — Bulgaria Agreement;

                                 —

                                 Article 5 of the Sri Lanka — Cyprus Agreement;

                                 —

                                 Article 4 of the Sri Lanka — Czech Republic Agreement;

                                 —

                                 Article 6 of the Sri Lanka — Denmark Agreement;

                                 —

                                 Article 3, paragraph 4 and Article 4, of the Sri Lanka — France Agreement;

                                 —

                                 Article 4, paragraph 1, of the Sri Lanka — Germany Agreement;

                                 —

                                 Article 4 of the Sri Lanka — Greece Agreement;

                                 —

                                 Article 4, paragraphs 4 to 6, of the Sri Lanka — Italy Agreement;

                                 —

                                 Article 3 of the Sri Lanka — Netherlands Agreement;

                                 —

                                 Article 6 of the Sri Lanka — Sweden Agreement;

                                 —

                                 Article 5 of the Sri Lanka — United Kingdom Agreement.

                     (c)

                     Safety:

                                 —

                                 Article 7 of the Sri Lanka — Austria Agreement;

                                 —

                                 Article 7 of the Sri Lanka — Belgium Agreement;

                                 —

                                 Article 10 of the Sri Lanka — Cyprus Agreement;

                                 —

                                 Article 7 of the Sri Lanka — Czech Republic Agreement;

                                 —

                                 Article 4 of the Sri Lanka — Denmark Agreement;

                                 —

                                 Article 7 of the Sri Lanka — Greece Agreement;

                                 —

                                 Article 7 of the Sri Lanka — Poland Agreement;

                                 —

                                 Article 4 of the Sri Lanka — Sweden Agreement.

         ANNEX 3

            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).


title: Commission Decision of 17 December 2009 laying down the final balance to be paid or recovered at programme closure in the field of transitional rural development programmes financed by the European Agricultural Guidance and Guarantee Fund (EAGGF) by the Czech Republic, Hungary and Slovenia (notified under document C(2009) 10032)

text:
               19.12.2009

               EN

               Official Journal of the European Union

               L 338/95

      COMMISSION DECISION

   of 17 December 2009
   laying down the final balance to be paid or recovered at programme closure in the field of transitional rural development programmes financed by the European Agricultural Guidance and Guarantee Fund (EAGGF) by the Czech Republic, Hungary and Slovenia
   (notified under document C(2009) 10032)
   (Only the Czech, Hungarian and Slovenian texts are authentic)
   (2009/984/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Commission Regulation (EC) No 27/2004 of 5 January 2004 laying down transitional detailed rules for the application of Council Regulation (EC) No 1257/1999 as regards the financing by the EAGGF Guarantee Section of rural development measures in the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia (1) and in particular Article 3(4) thereof,
   Having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the structural funds (2), and in particular Article 32(3) thereof,
   Having regard to Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (3), and in particular Article 47(3) thereof,
   After consulting the Committee on the Agricultural Funds,
   Whereas:

               (1)

               On the basis of the annual accounts submitted by the Czech Republic, Hungary and Slovenia concerning expenditure in the field of rural development measures, accompanied by the information required, the accounts of the paying agencies referred to in Article 6(2) of Council Regulation (EC) No 1290/2005 of 21 June 2005 on the financing of the common agricultural policy (4), have been cleared for the financial years 2005 (5), 2006 (6), 2007 (7) and 2008 (8). The respective clearance decisions have been adopted.

               (2)

               The paying agencies in charge of the transitional rural development programmes for 2004-2006 of the Czech Republic, Hungary and Slovenia have submitted the final declaration of expenditure and final payment claim before 15 October 2008; thus, the clearance of accounts decisions referred to above clear the full expenditure under the programme.

               (3)

               Article 32(3) of Regulation (EC) No 1260/1999 provides that the combined total payments which are made in respect of the programme, prior to the payment of the final balance, shall not exceed 95 % of the Community commitment for the programme.

               (4)

               For the rural development expenditure covered by Article 3(4) of Regulation (EC) No 27/2004, the final balance to be paid or recovered shall be calculated on the basis of the latest clearance of accounts decision and additional information provided by the Czech Republic, Hungary and Slovenia as per recital 5 hereafter.

               (5)

               In the light of the closure of the Transitional Rural Development programmes, the Member States concerned were requested to provide information on the outstanding debts in respect of the programmes. The debt data were verified and taken into consideration by the Commission when calculating the final balance.

               (6)

               Due to the fact that Estonia, Cyprus, Latvia, Lithuania, Malta, Poland and Slovakia did not submit the final declaration of expenditure and final payment claim before 15 October 2008, the respective programmes will have to be proposed for closure in a future Decision.

               (7)

               In accordance with Article 30(2) of Regulation (EC) No 1290/2005, this Decision does not prejudice decisions taken subsequently by the Commission excluding from Community financing expenditure not effected in accordance with Community rules,

         HAS ADOPTED THIS DECISION:
   Article 1
   The amounts of the final balance which is recoverable from, or payable to, each Member State pursuant to this Decision in the field of rural development measures applicable in the Czech Republic, Hungary and Slovenia, are set out in the Annex.
   Article 2
   As regards the accounts of the Member States' paying agencies in the field of rural development measures applicable in Estonia, Cyprus, Latvia, Lithuania, Malta, Poland and Slovakia, the closure of the Transitional Rural Development programme shall be the subject of a future Decision.
   Article 3
   This Decision is addressed to the Czech Republic, the Republic of Hungary and the Republic of Slovenia.

      Done at Brussels, 17 December 2009.

            For the Commission

         Mariann FISCHER BOEL

            Member of the Commission

      (1)  OJ L 5, 9.1.2004, p. 36.

      (2)  OJ L 161, 26.6.1999, p. 1.

      (3)  OJ L 160, 26.6.1999, p. 80.

      (4)  OJ L 209, 11.8.2005, p. 1.

      (5)  OJ L 118, 3.5.2006, p. 20 and OJ L 122, 11.5.2007, p. 47.

      (6)  OJ L 122, 11.5.2007, p. 41.

      (7)  OJ L 139, 29.5.2008, p. 25.

      (8)  OJ L 111, 5.5.2009, p. 35.

      ANNEX

         TRDI programmes: Declared expenditure 2000/06, final balance and decommitment of EU co-financing

                  (EUR)

                     New Member States:

                     CZ

                     HU

                     SI

                     Declared expenditure 2004/08

                  A

                  Total committed amount for the programme

                  542 800 000,00

                  602 300 000,00

                  281 600 000,00

                  B

                  Eligible expenditure incurred by MS to 15.10.2008

                  542 799 982,00

                  602 096 646,00

                  282 041 275,00

                  C

                  Annually cleared expenditure

                  2004

                  2005

                  145 160 224,00

                  37 272 434,19

                  73 638 853,19

                  2006

                  176 481 317,23

                  296 024 258,77

                  118 941 385,27

                  2007

                  188 407 840,07

                  178 498 827,76

                  88 853 612,73

                  2008

                  32 399 539,50

                  90 290 537,46

                  607 424,53

                  Total cleared expenditure 2004/08

                  542 448 920,80

                  602 086 058,18

                  282 041 275,72

                     Final balance and decommitment of EU co-financing (situation at closure)

                  D

                  Total eligible expenditure (lowest: B or C)

                  542 448 920,80

                  602 086 058,18

                  282 041 275,00

                  E

                  Less: Irregularities recovered by the MS to be deducted from the final balance

                  249 112,34

                  1 352 932,08

                  2 438 683,32

                  F

                  Total eligible expenditure to be reimbursed (D-E)

                  542 199 808,46

                  600 733 126,10

                  279 602 591,68

                  G

                  Less: Advances already paid

                  86 848 000,00

                  96 368 000,00

                  45 056 000,00

                  H

                  Less: INT already made

                  428 812 000,00

                  475 817 000,00

                  222 464 000,00

                  I

                  Payment or recovery of net final balance (F-G-H)

                  26 539 808,46

                  28 548 126,10

                  12 082 591,68


title: 2010/284/: Council Decision of 19 January 2010 on the existence of an excessive deficit in the Czech Republic

text:
               21.5.2010

               EN

               Official Journal of the European Union

               L 125/36

         COUNCIL DECISION
   of 19 January 2010
   on the existence of an excessive deficit in the Czech Republic
   (2010/284/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union and, in particular, Article 126(7) in conjunction with Article 126(13) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the observations made by the Czech Republic,
   Whereas:

               (1)

               According to Article 126(1) of the Treaty on the Functioning of the European Union, Member States shall avoid excessive government deficits.

               (2)

               The Stability and Growth Pact is based on the objective of sound government finances as a means of strengthening the conditions for price stability and for strong sustainable growth conducive to employment creation.

               (3)

               The excessive deficit procedure (EDP) under Article 126 of the Treaty on the Functioning of the European Union, as clarified by Council Regulation (EC) No 1467/97 of 7 July 1997 on speeding up and clarifying the implementation of the excessive deficit procedure (1) (which is part of the Stability and Growth Pact), provides for a decision on the existence of an excessive deficit. Regulation (EC) No 1467/97 also establishes provisions for the implementation of Article 104 of the Treaty establishing the European Community, which has become Article 126 of the Treaty on the Functioning of the European Union. The Protocol on the excessive deficit procedure annexed to the Treaty on the Functioning of the European Union sets out further provisions relating to the implementation of the EDP. Council Regulation (EC) No 479/2009 (2) lays down detailed rules and definitions for the application of the provisions of that Protocol.

               (4)

               The 2005 reform of the Stability and Growth Pact sought to strengthen its effectiveness and economic underpinnings as well as to safeguard the sustainability of the public finances in the long run. It aimed at ensuring that, in particular, the economic and budgetary background was taken into account fully in all steps in the EDP. In this way, the Stability and Growth Pact provides the framework supporting government policies for a prompt return to sound budgetary positions taking account of the economic situation.

               (5)

               Article 104(5) of the Treaty establishing the European Community, which has become Article 126(5) of the Treaty on the Functioning of the European Union, required the Commission to address an opinion to the Council if the Commission considered that an excessive deficit in a Member State existed or might occur. Having taken into account its report in accordance with Article 104(3) of the Treaty establishing the European Community, which has become Article 126(3) of the Treaty on the Functioning of the European Union and having regard to the opinion of the Economic and Financial Committee in accordance with Article 104(4) of the Treaty establishing the European Community, which has become Article 126(4) of the Treaty on the Functioning of the European Union, the Commission concluded that an excessive deficit existed in the Czech Republic. The Commission therefore addressed such an opinion to the Council in respect of the Czech Republic on 11 November 2009 (3).

               (6)

               Article 126(6) of the Treaty on the Functioning of the European Union states that the Council should consider any observations which the Member State concerned may wish to make before deciding, after an overall assessment, whether an excessive deficit exists. In the case of the Czech Republic, this overall assessment leads to the conclusions set out in this Decision.

               (7)

               According to data notified by the Czech authorities in October 2009, the general government deficit in the Czech Republic is planned to reach 6,6 % of GDP in 2009, thus above and not close to the 3 % of GDP reference value. Based on the Commission services’ autumn 2009 forecast, the planned excess over the reference value qualifies as exceptional within the meaning of the Treaty and the Stability and Growth Pact. In particular, it results, among other things, from a severe economic downturn in the sense of the Treaty and the Stability and Growth Pact. The Commission services’ autumn 2009 forecast projects real GDP to contract by 4,8 % in 2009 compared to positive growth of 2,5 % in 2008, largely reflecting the impact of the global economic crisis. While the headline deficit started to increase only in 2008, the structural deterioration started earlier when the economy was still in good times. Furthermore, the planned excess over the reference value cannot be considered temporary, since the Commission services’ autumn 2009 forecast projects the general government deficit to reach 5,5 % of GDP in 2010 and, based on the no-policy-change assumption, 5,7 % of GDP in 2011. The forecast takes into account the effect of anti-crisis measures that will still be in place in 2010 (two measures amounting to approximately 0,7 % of GDP are permanent), as well as the fiscal consolidation package for 2010 adopted by the Czech authorities in October 2009. The deficit criterion in the Treaty is not fulfilled.

               (8)

               According to data notified by the Czech authorities in October 2009, the general government gross debt remains well below the 60 % of GDP reference value and is planned to stand at 35,5 % of GDP in 2009. According to the Commission services’ autumn 2009 forecast, the debt ratio is set to increase rapidly, reaching 44 % of GDP in 2011 under the no policy change assumption.

               (9)

               According to Article 2(4) of Regulation (EC) No 1467/97, ‘relevant factors’ can only be taken into account in the steps leading to the Council decision on the existence of an excessive deficit in accordance with Article 126(6) of the Treaty on the Functioning of the European Union if the double condition — that the deficit remains close to the reference value and that its excess over the reference value is temporary — is fully met. In the case of the Czech Republic, this double condition is not met. Therefore, relevant factors are not taken into account in the steps leading to this Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   From an overall assessment it follows that an excessive deficit exists in the Czech Republic.
   Article 2
   This Decision is addressed to the Czech Republic.

      Done at Brussels, 19 January 2010.

            For the Council

            The President

         E. SALGADO

      (1)  OJ L 209, 2.8.1997, p. 6.

      (2)  OJ L 145, 10.6.2009, p. 1.

      (3)  All EDP-related documents for the Czech Republic can be found at the following website: http://ec.europa.eu/economy_finance/netstartsearch/pdfsearch/pdf.cfm?mode=_m2


Avis juridique important

|

41992D0156

92/156/EEC, Euratom, ECSC: Decision of the Representatives of the Governments of the Member States of the European Communities of 5 March 1992 appointing a Judge to the Court of First Instance of the European Communities

Official Journal L 067 , 12/03/1992 P. 0039 - 0039 Finnish special edition: Chapter 1 Volume 2 P. 0167  Swedish special edition: Chapter 1 Volume 2 P. 0167

DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES  of 5 March 1992  appointing a Judge to the Court of First Instance of the European Communities  (92/156/EEC, Euratom, ECSC)THE  REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 32d (3) thereof,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 168a (3) thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 140a (3) thereof,  Having regard to Council Decision 88/591/ECSC, EEC, Euratom of 24 October 1988 establishing a Court of First Instance of the European Communities (1),  Whereas, in a letter dated 7 February 1992 addressed to the President of the Court of First Instance and forwarded to the President of the Council, Mr David Edward, Judge at the Court of First Instance of the European Communities, tendered his  resignation with effect from 10 March 1992;  Whereas, pursuant to Articles 44 and 8 of the Protocol on the Statute of the Court of Justice of the European Coal and Steel Community, to Articles 44 and 7 of the Protocol on the Statute of the Court of Justice of the European Economic Community and to  Articles 45 and 7 of the Protocol on the Statute of the Court of Justice of the European Atomic Energy Community, a Judge should be appointed for the remaining period of Mr David Edward's term of office,  HAVE DECIDED AS FOLLOWS:  Article 1  Mr Christopher Bellamy is hereby appointed Judge to the Court of First Instance until 31 August 1995 inclusive.  Article 2  This Decision shall enter into effect on 10 March 1992.  Done at Brussels, 5 March 1992. The President  J.C. PAULOURO das NEVES   (1) OJ No L 319, 25. 11. 1988, p. 1.