Avis juridique important

|

31973Y0919(10)

ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS DECISION NO 82 OF 22 FEBRUARY 1973 CONCERNING THE INTERPRETATION OF ARTICLE 17 ( 7 ) OF REGULATION ( EEC ) NO 574/72 RELATING TO THE GRANTING OF PROSTHESES, MAJOR APPLIANCES AND OTHER SUBSTANTIAL BENEFITS IN KIND

Official Journal C 075 , 19/09/1973 P. 0012

++++DECISION NO 82  OF 22 FEBRUARY 1973  CONCERNING THE INTERPRETATION OF ARTICLE 17 ( 7 ) OF REGULATION ( EEC ) NO 574/72 RELATING TO THE GRANTING OF PROSTHESES , MAJOR APPLIANCES AND OTHER SUBSTANTIAL BENEFITS IN KIND  THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS :  HAVING REGARD TO ARTICLE 18 ( A ) OF REGULATION ( EEC ) NO 1408/71 UNDER WHICH IT IS MADE RESPONSIBLE FOR DEALING WITH ALL QUESTIONS OF INTERPRETATION ARISING FROM THE PROVISIONS OF REGULATIONS ( EEC ) NOS 1408/71 AND 574/72 ;  WHEREAS DECISION NO 56 , PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES NO 53 OF 31 MARCH 1965 HAS BEEN RENDERED UNVALID BY THE ENTRY INTO FORCE OF REGULATIONS ( EEC ) NOS 1408/71 AND 574/72 , BUT , TAKING INTO ACCOUNT THE PROVISIONS OF THE SAID REGULATIONS , THERE ARE GROUNDS FOR ADOPTING A NEW DECISION ON THE INTERPRETATION OF ARTICLE 17 ( 7 ) OF REGULATION  ( EEC ) NO 574/72 ;  WHEREAS IT IS IN FACT ESSENTIAL TO KNOW WHETHER THE SAID PROVISION OF ARTICLE 17 ( 7 ) OF REGULATION ( EEC ) NO 574/72 , UNDER WHICH THE GRANTING OF PROSTHESES , MAJOR APPLIANCES AND OTHER SUBSTANTIAL BENEFITS IN KIND BY THE INSTITUTION OF THE PLACE OF RESIDENCE MAY FORM THE SUBJECT OF A REASONED OBJECTION BY THE COMPETENT INSTITUTION AND WHETHER IT HAS THE EFFECT OF MAKING THE EXTENT OF THOSE BENEFITS DEPENDENT UPON THE PROVISIONS OF THE LEGISLATION OF THE COMPETENT COUNTRY WHEN THERE IS NO ABSOLUTE URGENCY AND THE COST OF THE BENEFITS IN KIND IS NOT SUBJECT TO A LUMP SUM REPAYMENT TO THE INSTITUTION OF THE PLACE OF RESIDENCE ;  WHEREAS BY STIPULATING IN PARAGRAPH 1 ( A ) THAT BENEFITS IN KIND IN THE TERRITORY OF THE CONTRY OF RESIDENCE SHALL BE PROVIDED BY THE INSTITUTION OF THE PLACE OF RESIDENCE IN ACCORDANCE WITH THE PROVISIONS OF THE LEGISLATION APPLIED BY THAT INSTITUTION , ARTICLE 19 OF REGULATION ( EEC ) NO 1408/71 CLEARLY DEFINES THE AREA OF INTERVENTION OF THE LEGISLATION OF THE COMPETENT COUNTRY IN THE PROVISION OF BENEFITS IN KIND ;  WHEREAS , IN CONSEQUENCE , PROVISION IS MADE UNDER ARTICLE 17 ( 7 ) OF REGULATION ( EEC ) NO 574/72 , FOR REASONED OBJECTION TO BE RAISED BY THE COMPETENT INSTITUTION , THAT INSTITUTION CANNOT OBJECT TO THE GRANTING OF A BENEFIT DERIVING FROM IMPLEMENTATION OF THE LEGISLATION OF THE COUNTRY OF RESIDENCE BECAUSE THAT BENEFIT IS NOT PROVIDED FOR BY THE LEGISLATION WHICH IT APPLIES ;  WHEREAS ARTICLE 17 ( 7 ) AIMS HOWEVER , AT ENABLING THE COMPETENT INSTITUTION WHEN BEARING THE COST OF ACTUAL EXPENDITURE INCURRED IN PROVIDING BENEFITS IN KIND BY THE INSTITUTION OF THE PLACE OF RESIDENCE , TO EXERCISE CONTROL OVER THE GRANTING OF COSTLY BENEFITS IN ORDER TO AVOID ABUSES , AND WHEREAS IT IS ADVISABLE TO SPECIFY THE CRITERIA ON WHICH THAT INSTITUTION SHOULD BASE ITS OBJECTION , AFTER DELIBERATION IN THE LIGHT OF THE CONDITIONS LAID DOWN IN ARTICLE 80 ( 3 ) OF REGULATION  ( EEC ) NO 1408/71 ;  HAS DECIDED :  1 . THE EXTENT OF THE BENEFITS REFERRED TO IN ARTICLE 17 ( 7 ) OF REGULATION ( EEC ) NO 574/72 SHALL BE DETERMINED ONLY BY THE PROVISIONS OF THE LEGISLATION APPLIED BY THE INSTITUTION OF THE PLACE OF RESIDENCE .  2 . WHEN THERE IS NOT ABSOLUTE URGENCY AND WHEN THE EXPENDITURE ON BENEFITS IN KIND IS NOT SUBJECT TO A LUMP SUM REPAYMENT TO THE INSTITUTION OF THE PLACE OF RESIDENCE , THE COMPETENT INSTITUTION , IN VIEW OF THE POSSIBILITY OF OBJECTION TO THE GRANTING OF A PROSTHESIS , MAJOR APPLIANCE OR ANY OTHER SUBSTANTIAL BENEFIT IN KIND , SHALL IN PARTICULAR ASSESS THE ADVISABILITY FROM THE MEDICAL VIEWPOINT OF GRANTING SUCH A BENEFIT , PARTICULARTLY WHEN ON ITS SIDE IT HAS ALREADY PROVIDED A SIMILAR BENEFIT .  3 . THIS DECISION SHALL APPLY BY ANALOGY FOR THE INTERPRETATION OF THE PROVISION OF ARTICLE 60 ( 6 ) OF REGULATION ( EEC ) NO 574/72 .  4 . THIS DECISION SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . IT SHALL APPLY TO THE SIX FOUNDER MEMBER STATES AS FROM 1 OCTOBER 1972 AND , IN ACCORDANCE WITH THE TREATY OF ACCESSION , AS FROM 1 APRIL 1973 FOR THE THREE NEW MEMBER STATES .  THE PRESIDENT OF THE ADMINISTRATIVE COMMISSION  J . DONIS


Avis juridique important

|

31991D0691

91/691/EEC: Council Decision of 12 December 1991 adopting a programme for the establishment of an internal information services market

Official Journal L 377 , 31/12/1991 P. 0041 - 0047 Finnish special edition: Chapter 13 Volume 21 P. 0253  Swedish special edition: Chapter 13 Volume 21 P. 0253

COUNCIL DECISION of 12 December 1991  adopting a programme for the establishment of an internal information services market (91/691/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  235 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas, by virtue of the economic importance of information, the creation of an internal  information services market occupies an essential place in the strengthening of the internal market  between now and the end of 1992; Whereas the initial results of the implementation of the plan of action for setting up an  information service market adopted by Council Decision 88/524/EEC (4) indicate that a further  programme is necessary; Whereas there are numerous legal, administrative, fiscal and technical barriers to the development  of an internal information market which are hindering the setting up of new services and in some  cases causing distortions of competition; Whereas the development of information resources and information-based services requires the  application of new technologies in European cooperation; Whereas the Community has a competitive position which is strong in some sectors of the information  market but needs to be strengthened in others, without creating distortions of competition; Whereas the need for simplification of procedures as well as harmonization in the field of database  access should undergo priority scrutiny; Whereas the needs and legitimate demands of users of information services, particularly in small  and medium-sized enterprises (SMEs) and in the less favoured regions of the Community, merit  special attention; Whereas there should be adequate means of informing SMEs of the programme and encouraging them to  take part in it; Whereas the different rates of development in the provision and use of information services in the  Member States deserve special attention, having regard to the internal cohesion of the Community  and the working of the internal market; Whereas that part of the amount estimated as necessary which is intended to finance pilot and  demonstration projects may be used, in particular, to attract possible additional sources of  funding from the partners concerned, thereby having a multiplier effect on the development of the  European information services market; Whereas any information market policy must be complementary to other ongoing Community initiatives,  notably in the field for telecommunications; Whereas provision should be made for a four-year programme; Whereas the funds estimated as necessary for the implementation of the programme amount to ECU 64  million; whereas the funds estimated as necessary for the period 1991/92, within the current  financial perspective, amount to ECU 21,6 million; Whereas the amounts to be committed for financing the programme after financial year 1992 should be  included in the Community financial framework in force; Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those  laid down in Article 235 thereof, HAS DECIDED AS FOLLOWS: Article 1 A programme is hereby set up with the following objectives: - to establish an internal information service market, - to identify the strength and weaknesses of existing information services in the Community and to  stimulate and reinforce the competitive capability of European suppliers of information services, - to promote the use of advanced information services, - to reinforce European cooperation in order to achieve a Community information services policy,  paying particular attention to SMEs, the differences between the various regions and the  development lag of the favoured regions in the Community, - to make use of the results supplied by other Community or national programmes with a view to  strengthening the information services market. Article 2 In order to attain the objectives referred to in Article 1, the following measures  shall be undertaken under the responsibility of the Commission, in accordance with the action lines  in Annex I and the detailed implementing arrangements set out in Annex II: - improving the understanding of the internal information market, - overcoming legal, administrative and technical barriers, - increasing user-friendliness and improving information literacy, - supporting strategic information initiatives. None of these measures shall duplicate the work carried out in these areas under Community or  national programmes. Article 3 1.  The programme shall cover a period of four years. 2.  The amount estimated as necessary for the execution of the programme amounts to ECU 64 million,  of which ECU 21,6 million are for the period 1991/92 under the 1988 to 1992 financial perspective.  The amount required for the subsequent period of application of the programme shall be included in  the Community financial framework in force. 3.  The budgetary authority shall determine the appropriations available for each financial year  with reference to the principles of sound management referred to in Article 2 of the Financial  Regulation applicable to the general budget of the European Communities. 4.  The Community's financial contribution to each line of action shall a shared-cost basis  normally be 50 %. Article 4 1.  The Commission shall be responsible for implementing the programme. It shall be  assisted by a committee of an advisory nature composed of the representative of the Member States  and chaired by the representative of the Commission. 2.  The Commission representative shall submit to the committee a draft of the measures to be  taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman  may lay down according to the urgency of the matter, if necessary by taking a vote. 3.  The opinion shall be recorded in the minutes; in addition, each Member State shall have the  right to ask to have its position recorded in the minutes. 4.  The Commission shall take the utmost account of the opinion delivered by the committee. It  shall inform the committee of the manner in which its opinion has been taken into account. Article 5 1.  Notwithstanding Article 4, the procedure described in paragraphs 2 and 3 below  shall apply to preparation of the annual work programmes for carrying out the action lines referred  to in Annex I, to the breakdown of budgetary expenditure, to the implementation of a more flexible  funding scheme than calls for proposals, to the consideration, in exceptional cases, of unsolicited  proposals for projects, to support for prejects under action line 3 in Annex I and to strategic  information initiatives involving a Community financial contribution in excess of ECU 500 000. 2.  The representative of the Commission shall submit to the committee a draft of the measures to  be taken. The committee shall deliver its opinion on the draft within a time limit which the  chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the  majority laid down in Articles 148 (2) of the Treaty in the case of decisions which the Council is  required to adopt on a proposal from the Commission. The votes of the representatives of the Member  States within the committee shall be weighted in the manner set out in that Article. The chairman  shall not vote. 3.  The Commission shall adopt measures which shall apply immediately. However, if these measures  are not in accordance with the opinion of the committee, they shall be communicated by the  Commission to the Council forthwith. In that event, the Commission shall defer application of the  measures which it has decided for a period of three months from the date of such communication. The Council, acting by a qualified majority, may take a different decision within the time limit  referred to in the foregoing subparagraph. Article 6 At mid-term and at the end of the programme, the Commission shall submit to the  European Parliament and to the Council, once the committee referred to in Article 4 has examined  it, an evaluation report drawn up by independent experts on the results obtained in implementing  the action lines referred to in Article 2 and may present, on the basis of these results, proposals  for adjusting the orientation of the programme. The annual report of the European Information  Market Observatory (IMO) and the regular reports by the Legal Advisory Board shall also be  submitted to the European Parliament, the Council and the Economic and Social Committee. Article 7 1.  The Commission is hereby authorized to negotiate agreements with third countries  taking part in the development of the information services market with a view to associating them  wholly or partially with the programme. The negotiation of these agreements shall be based on the  criterion of mutual advantage. 2.  Before entering into the negotiations referred to in paragraph 1, the Commission shall inform  the Council of its intention to negotiate and of the terms of reference of the negotiations. The  Commission shall take account of the Council's opinion. Article 8 This Decision shall take effect on the day of its adoption. Done at Brussels, 12 December 1991. For the CouncilThe PresidentJ.G.M. ALDERS    (1)OJ Nr. C 53, 28. 2. 1991, p. 65.  (2)OJ Nr. C 240, 16. 9. 1991, p. 220.  (3)OJ Nr. C 159, 17. 6. 1991, p. 16.  (4)OJ Nr. L 288, 21. 10. 1988, p. 39.   ANNEX I ACTION LINES UNDER IMPACT 2 Action Line 1: Improving the understanding  of the information market 1.1. The European Information Market Observatory (IMO) will continue and  extend the scope of its activities for the identification of the Community's competitive strengths  and weaknesses in the sector in order to keep Community institutions and Member States informed in  drawing up their policy. During the initial phase of Impact, the IMO focused its investigations on  the supply of database services. It will enlarge the scope of its investigations to neighbouring  publishing markets with particular attention to the market for business and trade press and  scientific, technical and medical publishing. The IMO will give greater focus to user surveys in  order to gain better knowledge of the means by which users obtain access to the professional  information they need, and identify gaps which requires Community initiatives. 1.2. The IMO will keep a permanent inventory of existing market data sources. It will primarily  rely on these sources to purchase the data it needs for its investigations. It will launch or  stimulate additional surveys when the data required are not available, incomplete or unreliable. It  will also carry out sectoral investigations in order to identify those sectors of the information  market which are inadequately served or progressing slowly, although they are of strategic  importance for the Community. Following the initial methodological workshop organized in 1989 in  cooperation with Eurostat, the IMO will support the long-term methodological efforts required for  the creation of a conceptual framework that will allow the inclusion of the information services  sector in official statistics. In addition, the IMO will encourage further work in information  sciences and the economics of information to stimulate the development of the models and  forecasting to stimulate the development of the models and forecasting tools which are required for  the prognosis of information market trends and the assessment of their impact on the rest of the  economy. 1.3. The intention of the IMO is to supplement the efforts of Member States, companies and other  organizations interested in the development of the information market. The activities of the IMO  will therefore be undertaken in conjunction with, and not supplant, the efforts of Member States,  private sector companies and other organizations. The IMO will strengthen its network of national  correspondents and improve links with existing European and national associations in the  information market. It will cooperate with these associations and relevant research organizations  on shared-cost projects. In order to improve its documentation on the world market for information  services, the IMO will seek to exchange information with appropriate non-Community organizations  such as the Japan Database Promotion Center and the American Information Industry Association. 1.4. The results of the IMO analysis will be widely disseminated to users and industry through  dissemination agreements with representative associations and specialized publisher. Each year, the  IMO will prepare a report to the European Parliament and the Council on the main changes which have  occured on the information market. Action Line 2: Overcoming legal and administrative barriers 2.1. The actions  which will be undertaken within the framework of Impact 2 will contribute to strengthening the  synergy of work being carried out on legal problems of a horizontal nature (e.g. protection of  privacy, responsibility, intellectual property, proof and authentication of electronic signatures)  and to proposing Community initiatives specific to certain segments of the information services  market. 2.2. The first category of work will contribute to the improvement of the coordination of sectoral  initiatives on legal problems of a horizontal nature being undertaken within the framework of  different programmes. With this in view, the Commission will reinforce the expertise and  documentary resources it has acquired with the help of the Legal Advisory Board (LAB) in order to  provide Member States and Community institutions with easier access to reference documents and to  information on current work in the area. To this effect, the Commission will examine the  possibility of encouraging the development of a specialized database. It will seek the expertise of  LAB in preparing legal initiatives linked to new technologies. In parallel, it will continue and  strengthen its cooperation with the Council of Europe and OECD in areas of common interest. 2.3. The second category of work will concentrate on the contribution to the preparation of  initiatives specific to certain segments of the information market. The Commission will examine the  legal problems raised by the implementation of the guidelines designed to strengthen the synergy  between the public sector and the private sector in the information market; it will draw up  proposals for harmonizing the rules on the marketing of data files held by public and quasi-public  bodies. It will encourage the drawing up of European codes of conduct and monitor the application  of data privacy, protection in relation to the marketing of certain database services, such as  mailing lists and databanks on credit and solvency. It will draw up Community guidelines to  harmonize the conditions for opening up electric information services to the public and to provide  the framework for contractual arrangements between the various market actors in areas such as  editorial liability, service quality control, confidentiality, database usage and, in particular,  publishers' rights. 2.4. The composition of LAB will be modified by the Commission so as to make better provision for  the participation in its work of public authorities and of relevant market actors as a complement  to the participation of independent legal experts specialized in the various topics for  examination. 2.5. The Commission will implement an active policy of disseminating the results of LAB's work, in  conjunction with specialized publishers, in order better to inform the actors of their rights and  obligations Action Line 3: Increasing user-friendliness and improving information literacy  3.1. As a complement to current efforts for Open Systems Interconnection (OSI), the Commission  will promote development of open information interchange standards in cooperation with existing  standardization structures such as EWOS, ETSI and CEN/Cenelec. The demonstration and efficient  application of information standards or industry norms for the encoding and structuring of  information will be supported. Incentives will be provided to the acting parties to complete and  extend existing information standards. The Commission will support demonstration projects to  promote the application of information standards and to demonstrate their benefits. This will  include in particular standards like the Standardized General Markup Language (SGML) and Office  Document Architecture (ODA). The use of information standards in public sector information products  will be promoted. 3.2. The development of generic interfaces providing flexible and economic solutions to access a  large spectrum of information services will be encouraged. This will cover multimedia and  European-wide access. The integration of multilingual facilities or icons and graphics in  information services, the development of controlled vocabulary and natural language retrieval  methods will be supported to facilitate access by untrained users. Incentives to extend existing  natural language interfaces to other Community languages will be provided to support the  Community's cohesion. Efforts will be undertaken to encourage the application in information  services of research results in areas such as expert systems, human-computer interface and natural  language processing. An umbrella project for testing the viability of European business Kiosk  facilities that will provide SMEs with easy access to professional audiotex, videotex and Ascii  information services will be developed. Integrated application of different types of information  using sound, graphics, text and images will be stimulated. 3.3. To promote information literacy among professional people, the Commission will rely primarily  on multipliers in the information service market and on certain groups of end-users. These  multipliers include educational institutions, professional associations, national focal points,  gateway operators and the specialized press. Actions aimed at supporting the multipliers, experts and end-users will comprise: development of  appropriate tools, such as documentation, multi-media shows, viedos, in all Community languages;  organization of conferences; seminars, workshops, information days, press conferences;  participation in exhibitions, maintenance of existing directories and extension by new information  products; publication of a regular newsletter giving information on Community initiatives; presence  in information distribution networks of database inventories etc.; providing a central help desk  for users of information services, including a free phone enquiry service; operation of the  multilingual host service ECHO (European Commission Host Organization) which will continue to  support more particularly new users of electronic information services and will act as an  instrument for transferring know-how to the market place in accordance with the guidelines for the  improvement of the synergy between the public and the private sectors in the information market. 3.4. Training actions will address all kinds of information handlers within the information chain  covering: database production, host service operation, multimedia dissemination of information and  use of information. Support will be given to training intermediaries and professionals in the use  of electronic information both on-line, with special attention being given to less favoured  regions. Actions will also include training of future trainers in different regions, economic  sectors and companies. Close collaboration with national and local authorities and other programmes  (e.g. STAR, Delta) will be sought. Action Line 4: Supporting strategic information initiatives 4.1. The provision  of electronic scientific and technical information services (STI) - a basic resource for the  European research community and for industrial progress - will be stimulated and strengthened. The  Commission will build on recent initiatives in the area of biotechnology information and  engineering materials data systems by creating a Eurepean cooperative network for biotechnology  information and the further development of material data services. These initiatives will aim at  improving the availability, quality and accessibility of European STI services through the creation  of appropriate tools and structure which will foster the integration of existing systems and  services and a more efficient sharing of resources. 4.2. Information services development in strategically important market sectors will be stimulated  and facilities for cooperation made available. Where necessary, the creation of embryonic  structures will be supported. In particular, information services which are relevant to Community  policies on internal market operations will be stimulated. Harmonization efforts will be undertaken  in new sectors in which spontaneous, but uncoordinated developments take place, in order to  stimulate cooperation and networking. The areas of patent information, information on standards,  tourism and transport information, cultural information, environment and health information, and  the standardized production of digitized basic geographical maps have been identified as sectors or  Community action. 4.3. The strategic information projects may be extended and/or reviewed in the course of programme  implementation on the basis or requirements identified by the IMO, the results obtained at the  mid-term review of this programme, and close consultation with the information industry and the  programme's advisory body. The priority areas wich had been identified for pilot/demonstration  projects under the previous Impact programme, but not yet developed, will be reviewed and action  undertaken, if market needs are confirmed. 4.4. Commercial ventures for the development on information products and services on the basis of  European partnership, e.g. European Economic Interest Grouping (EEIG), will be stimulated by  reducing the financial burden involved in international cooperation. This will be applied in  particular to small and medium-sized enterprises (SMEs). A support scheme will be provided for the  preparation of international projects, for joint ventures agreed by partners from different Member  States and for the transfer of know-how from advanced to less favoured regions of the Community.  Closer cooperation between European and national trade or professional organizations will be  supported, as well as the involvement of national focal points in order to promote strategic  projects and the creation of an internal market for information. 4.5. The Commission will explore the possible linking of relevant organization in the Member States  into a networked media laboratory to develop a European expertise in information product prototype  development for multimedia information product prototype development for multimedia information  services products, for promoting the exchange of experience and the transfer of know-how, and for  achieving synergy between publishers and system suppliers. 4.6. The taking off the information market in less favoured regions depends on strategic  information projects with catalytic effects. Adequate national/regional initiatives will be  encouraged through Community support to projects with a multiplier effect and elements of  reproducibility in other geographical areas. 4.7. Shared-cost projects will be one of the Commission's main instruments for boosting the  strategic information initiatives. In some market sectors, pilot and demonstration projects will be  required to demonstrate new developments on a sufficiently wide scale and to achieve a catalytic  effect on the development of European information services which otherwise would remain inadequate  in size, coverage and scope. These projects will be defined in collaboration with users and/or  industry.     ANNEX II THE ARRANGEMENTS FOR IMPLEMENTING THE PROGRAMME 1. The Commission will  implement the programme in accordance with the technical content specified in Annex I. 2. The number of shared-cost projects for horizontal activities, in particular  for work carried out by the IMO, will be increased. Procedures for the implementation of vertical  measures will be simplified in order to accomodate the interests of all kinds of market operators  and to increase and facilitate their participation in the programme. 3. With reference to Article 7 of the Decision, the Commission states that  natural or legal persons from countries which have concluded agreements for cooperation under the  programme may, on the basis of the criterion of mutual benefit, participate in projects in the  framework of the programme. They shall not, however, benefit from the financial contribution of the  Community and will contribute to general administrative costs. 4. The selection of pilot and demonstration projects will normally be based on  the usual procedure of calls for proposals published in the Official Journal of the European  Communites. The objectives will be defined by workplans developed in close consultation with the  information services market operators and the committee referred to in Article 4 of the Decision. The main criterion for supporting projects through calls for proposals will be their potential for  expanding the information market without distoring it. Special add-on incentives will be provided  to encourage participation by SMEs and less favoured regions, as well as for the transfer of  know-how. 5. The Commission may also implement a more flexible funding scheme than the call  for proposals in order to provide incentives for the creation of partnership, in particular  involving SMEs and organizations in less favoured regions, or for other exploratory activities in  different segments of the information services market. This scheme might be operated on a permanent  basis. 6. The Commission will make provision for considering in exceptional cases  unsolicited project proposals which involve a particularly promising and significant information  market development, a highly innovative approach or an exceptional technology or methodology, and  which cannot be submitted within the normal call for proposals procedure. The objective of avoiding  market distortion will be maintained. 7. The detailed arrangements for the latter two procedures will be implemented by  the management committee procedure (type IIb) and in accordance with the Commission's financial  regulations. They will be published each year in the Official Journal of the European Communities. 8. Projects fully financed by the Commission within the framework of study and  services contracts will be implemented through calls for tenders in accordance with the  Commission's Financial Regulations. Transparency will be achieved by publishing the work programme  and circulation it regularly to trade associations and other bodies. 9. For the implementation of the programme the Commission will also undertake  activities designed to achieve the general objectives of the programme and the specific aims of  each action line. Such activities will include workshops, seminars, conferences, studies, awareness  campaigns, training courses, support schemes for joint ventures, assistance to national focal  points and specific support for development of the information market in the less favoured  regions.


Avis juridique important

|

32004D0058

2004/58/EC: Commission Decision of 23 December 2003 on the continuation in the year 2004 of Community comparative trials and tests on propagating and planting material of Prunus domestica under Council Directive 92/34/EEC started in 2003

Official Journal L 012 , 17/01/2004 P. 0050 - 0050

Commission Decisionof 23 December 2003on the continuation in the year 2004 of Community comparative trials and tests on propagating and planting material of Prunus domestica under Council Directive 92/34/EEC started in 2003(2004/58/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 92/34/EEC of 28 April 1992 on the marketing of fruit plant propagating material and fruit plants, intended for fruit production(1),Having regard to Commission Decision 2002/745/EC of 5 September 2002 setting out the arrangements for Community comparative trials and tests on propagating and planting material of fruit plants under Council directive 92/34/EEC(2), and in particular Article 3 thereof,Whereas:(1) Decision 2002/745/EC sets out the arrangements for the comparative trials and tests to be carried out under Directive 92/34/EEC as regards Prunus domestica from 2003 to 2007.(2) Tests and trials carried out in 2003 should be continued in 2004,HAS DECIDED AS FOLLOWS:Sole ArticleCommunity comparative trials and tests which began in 2003 on propagating and planting material of Prunus domestica shall be continued in 2004 in accordance with Decision 2002/745/EC.Done at Brussels, 23 December 2003.For the CommissionDavid ByrneMember of the Commission(1) OJ L 157, 10.6.1992, p. 10. Directive as last amended by Directive 2003/61/EC (OJ L 165, 3.7.2003, p. 23).(2) OJ L 240, 7.9.2002, p. 65.


Avis juridique important

|

31988D0175

88/175/EEC: Commission Decision of 22 March 1988 on the closure of anti-dumping proceedings in respect of Spanish imports form France of refrigerating units for transport (IV/AD/86/2 - Reftrans)

Official Journal L 079 , 24/03/1988 P. 0035 - 0036

*****COMMISSION  DECISION  of 22 March 1988  on the closure of anti-dumping proceedings in respect of Spanish imports form France of refrigerating units for transports  (IV/AD/86/2 - Reftrans)  (88/175/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Article 380 (3) of the Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic and the adjustments to the Treatiers (1),  Having regard to Council Regulation (EEC) No 812/86 of 14 March 1986 on protection against imports which are the subject of dumping between the Community of Ten and the new Member States or between the new Member States during the period throughout which the transitional measures laid down by the Act of Accession of Spain and Portugal apply (2), and in particular Article 7 thereof,  Having consulted the Member States concerned in accordance with Regulation (EEC) No 812/86,  Whereas:  A. Proceedings  The Spanish Dirección General de Comercio Exterior initiated anti-dumping proceedings by Decision No 27023 of 13 December 1985 (BOE No 313 of 31 December 1985). The proceedings were based on a complaint alleging that certain imports from France into Spain of refrigerating units for transport were being dumped and that an established industry in Spain was being injured as a result.  The complaint was lodged by the Spanish companies 'Reftrans, Sociedad Anónima and Climauto, Sociedad Anómima. Reftrans SA, which accounts for almost the entire domestic output of refrigerating units for transport, is the joint subsidiary of the Swiss company Westinghouse Electric SA and the Spanish company Frigicoll SA, Climauto SA, ceased manufacturing refrigerating units for transport in May 1985.  The Commission decided on 19 September 1986, in accordance with Article 380 (3) of the Act concerning the conditions of accession of the Kingdom of Spain and the Portuguese Republic, to pursue the proceedings instituted by the Spanish authorities in respect of various types of refrigerating unit for transport (falling within subheading ex 84.15 C II of the Common Customs Tariff, corresponding to NIMEXE code ex 84.15-74), manufactured by the French company Frigiking SA/Carrier Global Transport Réfrigération, a subsidiary of the US company Carrier Corporation, exported by it to Spain and imported into Spain by the Spanish company Global Transporte Refrigeración SA.  The Commission then published a Notice on its decision in the Official Journal of the European Communites (3), in accordance with Article 5 (1) (a) of Regulation (EEC) No 812/86. In accordance with Article 5 (1) (b) of the Regulation, it advised the Member States concerned and the relevant exporters and importers and, in accordance with Article 5 (1), (c), commenced an investigation in order to determine whether the facts alleged by the two Spanish complainants were correct and justified action by the Commission.  The Commission gave the parties concerned the opportunity of presenting their views in writing and of requesting a hearing.  The Commission sought all information it deemed necessary, and for this purpose sent questionnaires to the two Spanish complainants, the French manufacturer and exporter and the Spanish importer, in order to check whether there was any dumping margin and any injury.  B. Injury  Following the investigation, the Commission has determined that the relevant imports do not cause any material injury to the Spanish industry concerned. The information provided by the Spanish importer Global Transporte Refrigeración and the Spanish manufacturer Reftrans SA and the price lists and invoices provided by them show that during the period covered by the investigation the situation was as follows:  In the period from March to August 1986, prices for equivalent Spanish products were in many cases undercut by the prices of the imports that are the subject of the anti-dumping proceedings. However, sales of the relevant imported products in 1986 corresponded to only a small proportion of the total turnover achieved in 1986 by the Spanish manufacturer Reftrans SA.  In September 1986, when the Spanish importer introduced a new price list in which most prices had been increased, while the selling prices of Spanish products remained unchanged up to and including May 1987, the prices of equivalent Spanish products were no longer undercut by the prices of the imports that are the subject of the anti-dumping proceedings. Rather, the prices  which Spanish customers had to pay for the imported products were higher, and indeed in most cases much higher, than the prices for equivalent domestic products. The only exception to this concerned four imported products, whose selling prices were slightly below those of equivalent domestic products. However, sales of these products in 1986 corresponded to only an insignificant proportion of the total turnover achieved in 1986 by the Spanish manufacturer Reftrans SA.  The prices of the relevant imports were thus not such as to have any appreciable impact on potential sales of fhe Spanish manufacturer Reftrans. Consequently, they could not have any effect either on the production or on the capacity utilization, stocks, sales or market share of the Spanish manufacturer.  Since at the end of the period covered by the investigation, apart from insignificant exceptions, the prices of equivalent Spanish products were not undercut but were substantially exceeded by the prices of the relevant imports, the latter prices were not such as to force the Spanish manufacturer to make appreciable price reductions or to prevent it form carrying out appreciable price increases, so that they similarly had no effect on the other economic factors specified in Article 3 (2) (c) of Regulation (EEC) No 812/86.  Since the prices of the relevant imports were not such as to significantly improve the potential for selling such imports, they could not result in any increase in such imports.  In conclusion, it is clear that the imports by the Spanish importer neither caused nor threatened to cause material injury to an established industry in Spain nor materially retarded the establishment of such an industry in Spain. Accordingly, no protective measures are necessary.  C. Dumping  In view of the above conclusion regarding injury, the Commission does not consider it necessary to pursue any further the dumping allegation relating to the relevant imports, since anti-dumping measures may be taken only if examination shows that during the period covered by the investigation dumping has occurred, that this has caused material injury and that the interest of the Community requires action.  In these circumstances, it appears appropriate to close the proceedings pursuant to Article 7 (1) of Regulation (EEC) No 812/86 without introducing protective measures,  HAS ADOPTED THIS DECISION:  Sole Article  The anti-dumping proceedings in respect of Spanish imports from France of refrigerating units for transport shall be closed.  Brussels, 22 March 1988.  For the Commission  Peter SUTHERLAND  Member of the Commission  (1) OJ No L 302, 15. 11. 1985, p. 23.  (2) OJ No L 78, 24. 3. 1986, p. 1.  (3) OJ No C 241, 25. 9. 1986, p. 6.


title: 2012/456/CFSP: Political and Security Committee Decision EUPOL AFGHANISTAN/1/2012 of 10 July 2012 on the appointment of the Head of Mission of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)

text:
               3.8.2012

               EN

               Official Journal of the European Union

               L 208/17

         POLITICAL AND SECURITY COMMITTEE DECISION EUPOL AFGHANISTAN/1/2012
   of 10 July 2012
   on the appointment of the Head of Mission of the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN)
   (2012/456/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision 2010/279/CFSP of 18 May 2010 on the European Union Police Mission in Afghanistan (EUPOL AFGHANISTAN) (1) and in particular Article 10(1) thereof,
   Whereas:

               (1)

               Pursuant to Article 10(1) of Decision 2010/279/CFSP, the Council authorised the Political and Security Committee, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of political control and strategic direction of the EUPOL AFGHANISTAN mission, including the decision to appoint a Head of Mission.

               (2)

               The High Representative of the Union for Foreign Affairs and Security Policy has proposed the appointment of Mr Karl Åke ROGHE as Head of Mission from 1 August 2012,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Karl Åke ROGHE is hereby appointed Head of the European Union Police Mission in Afghanistan as from 1 August 2012 until 31 May 2013.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 10 July 2012.

            For the Political and Security Committee

            The Chairperson

         O. SKOOG

      (1)  OJ L 123, 19.5.2010, p. 4.


title: Council Decision (EU) 2015/1892 of 18 February 2014 approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the accession of the Republic of Croatia to the European Union

text:
               23.10.2015

               EN

               Official Journal of the European Union

               L 279/3

         COUNCIL DECISION (EU) 2015/1892
   of 18 February 2014
   approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the accession of the Republic of Croatia to the European Union
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the recommendation from the European Commission,
   Whereas:

               (1)

               On 24 September 2012, the Council authorised the Commission to open negotiations with the former Yugoslav Republic of Macedonia in order to conclude a Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the accession of the Republic of Croatia to the European Union (‘the Protocol’).

               (2)

               Those negotiations were successfully completed and the Protocol was approved by the Government of the former Yugoslav Republic of Macedonia, through an exchange of letters on 25 October 2013.

               (3)

               The conclusion, by the Commission, of the Protocol should be approved as regards matters falling within the competence of the European Atomic Energy Community.

               (4)

               The signature and conclusion of the Protocol are subject to a separate procedure as regards matters falling within the competence of the Union and its Member States,

         HAS ADOPTED THIS DECISION:
   Article 1
   The conclusion by the European Commission, on behalf of the European Atomic Energy Community, of the Protocol to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the former Yugoslav Republic of Macedonia, of the other part, to take account of the accession of the Republic of Croatia to the European Union is hereby approved.
   The text of the Protocol is attached to the Decision on its signature.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 18 February 2014.

            For the Council

            The President

         I. STOURNARAS


Avis juridique important

|

41981D0644

81/644/ECSC: Decision of the representatives of the Governments of the Member States of the European Coal and Steel Community meeting within the Council of 27 July 1981 laying down the arrangements applicable to trade between Greece and Portugal in products covered by that Community

Official Journal L 236 , 21/08/1981 P. 0026 - 0027 Spanish special edition: Chapter 11 Volume 14 P. 0261  Portuguese special edition Chapter 11 Volume 14 P. 0261

++++ ( 1 ) OJ No L 350 , 19 . 12 . 1973 , p . 53 .  DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY MEETING WITHIN THE COUNCIL  of 27 July 1981  laying down the arrangements applicable to trade between Greece and Portugal in products covered by that Community   ( 81/644/ECSC )  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY , MEETING WITHIN THE COUNCIL ,  Whereas the Member States have concluded among themselves the Treaty establishing the European Coal and Steel Community ;  Whereas the Protocol to the Agreement between the Member States of the European Coal and Steel Community and the European Coal and Steel Community , of the one part , and the Portuguese Republic , of the other part ( 1 ) , hereinafter referred to respectively as " the Protocol " and " the Agreement " , designed to take account of the accession of the Hellenic Republic to the Community , was initialled on 30 April 1981 ;  Whereas , pending the entry into force of the Protocol , the Member States of the European Coal and Steel Community should , in the light of the provisions of the said Protocol , lay down autonomously the arrangements applicable to trade between Greece and Portugal ;  In agreement with the Commission ,  HAVE DECIDED AS FOLLOWS :  Article 1  Pending the entry into force of the Protocol , the arrangements applicable to trade between Greece and Portugal shall be those resulting from the Agreement as amended by the Annex to this Decision .  Article 2  Member States shall take the measures necessary to implement this Decision .  Done at Brussels , 27 July 1981 .  The President  P . WALKER  ANNEX  Specific conditions of application of the Agreement between the Member States of the European Coal and Steel Community and the European Coal and Steel Community , of the one part , and the Portuguese Republic , of the other part , consequent upon the accession of the Hellenic Republic  Article 1  For the products covered by the Agreement , the Hellenic Republic shall progressively abolish customs duties on imports in accordance with the following timetable :   _ on the date of entry into force of this Decision , each duty shall be reduced to 90 % of the basic rate ,   _ on 1 January 1982 , each duty shall be reduced to 80 % of the basic rate ,   _ the four other reductions each of 20 % shall be made on :   _ 1 January 1983 ,   _ 1 January 1984 ,   _ 1 January 1985 ,   _ 1 January 1986 .  Article 2  The basic rate to which the successive reductions as provided for in Article 1 are to be applied shall , for each product , be the rate actually applied by the Hellenic Republic on 1 July 1980 in respect of Portugal .  Article 3  1 . The Hellenic Republic shall progressively abolish charges having equivalent effect to customs duties on imported products originating in Portugal , in accordance with the following timetable :   _ on the date of entry into force of this Decision , each charge shall be reduced to 90 % of the basic rate ,   _ on 1 January 1982 , each charge shall be reduced to 80 % of the basic rate ,   _ the four other reductions each of 20 % shall be made on :   _ 1 January 1983 ,   _ 1 January 1984 ,   _ 1 January 1985 ,   _ 1 January 1986 .  2 . The basic rate to which the successive reductions as provided for in paragraph 1 are to be applied shall , for each product , be the rate applied by the Hellenic Republic on 31 December 1980 in respect of the Community of Nine .  3 . Any charge having equivalent effect to a customs duty on imports , introduced as from 1 January 1979 , in trade between Greece and Portugal shall be abolished .  Article 4  If the Hellenic Republic suspends or reduces customs duties or charges having equivalent effect on products imported from the Community of Nine more quickly than laid down in the timetable , it shall also suspend , or reduce to the same level , those duties or charges having equivalent effect applicable to products originating in Portugal .  Article 5  1 . Import deposits and cash payments in force in Greece on 31 December 1980 in respect of imported products originating in Portugal shall be progressively reduced in accordance with the following timetable :   _ from the date of entry into force of this Decision : 25 % ,   _ 1 January 1982 : 25 % ,   _ 1 January 1983 : 25 % ,   _ 1 January 1984 : 25 % .  2 . If the Hellenic Republic reduces the rate of import deposits or cash payments in respect of the Community of Nine more quickly than laid down in the timetable set out in paragraph 1 , it shall make the same reduction with regard to imported products originating in Portugal .


Avis juridique important

|

31979D0468

79/468/EEC: Council Decision of 8 May 1979 giving a discharge to the Commission in respect of the implementation of the operations of the European Development Fund (1963) (Second EDF) for the financial year 1977

Official Journal L 120 , 16/05/1979 P. 0022 - 0022

****( 1 ) OJ NO 93 , 11 . 6 . 1964 , P . 1431/64 .  ( 2 ) OJ NO 93 , 11 . 6 . 1964 , P . 1472/64 .  ( 3 ) OJ NO 93 , 11 . 6 . 1964 , P . 1493/64 .  ( 4 ) OJ NO 93 , 11 . 6 . 1964 , P . 1498/64 .  ( 5 ) OJ NO C 313 , 30 . 12 . 1978 , P . 1 .    COUNCIL DECISION   OF 8 MAY 1979   GIVING A DISCHARGE TO THE COMMISSION IN RESPECT OF THE IMPLEMENTATION OF THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1963 ) ( SECOND EDF ) FOR THE FINANCIAL YEAR 1977  ( 79/468/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO THE CONVENTION OF ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE AFRICAN STATES AND MADAGASCAR ASSOCIATED WITH THE COMMUNITY ( 1 ), SIGNED AT YAOUNDE ON 20 JULY 1963 ,   HAVING REGARD TO COUNCIL DECISION 64/349/EEC OF 25 FEBRUARY 1964 RELATING TO THE ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES WITH THE EUROPEAN COMMUNITY ( 2 ),   HAVING REGARD TO THE INTERNAL AGREEMENT ON THE FINANCING AND ADMINISTRATION OF COMMUNITY AID ( 3 ), SIGNED AT YAOUNDE ON 20 JULY 1963 , AND IN PARTICULAR ARTICLE 17 THEREOF ,   HAVING REGARD TO THE FINANCIAL REGULATION OF THE EUROPEAN DEVELOPMENT FUND SET UP UNDER THE INTERNAL AGREEMENT ON THE FINANCING AND ADMINISTRATION OF COMMUNITY AID ( 4 ), AND IN PARTICULAR ARTICLES 7 AND 8 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 30 MAY 1972 ON THE TRANSFER AND UTILIZATION OF THE UNEXPENDED BALANCES OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRIES AND TERRITORIES SET UP BY THE IMPLEMENTING CONVENTION ANNEXED TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO THE REVENUE AND EXPENDITURE ACCOUNT AND THE BALANCE SHEET RELATING TO THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1963 ) ( SECOND EDF ) AS AT 31 DECEMBER 1977  ( 5 ),   HAVING REGARD TO THE REPORT OF THE COURT OF AUDITORS FOR THE FINANCIAL YEAR 1977 , TOGETHER WITH THE COMMISSION ' S REPLIES ,   RECALLING THAT , IN ACCORDANCE WITH THE PROVISIONS APPLICABLE TO THE IMPLEMENTATION OF THE EUROPEAN DEVELOPMENT FUND ( 1963 ) ( SECOND EDF ), ONLY THE COUNCIL , ACTING BY A QUALIFIED MAJORITY , SHOULD GIVE A DISCHARGE TO THE COMMISSION IN RESPECT OF THE FINANCIAL ADMINISTRATION OF THE FUND ;   WHEREAS REVENUE FOR THE FINANCIAL YEAR 1976 CONSISTED OF THE CONTRIBUTIONS OF THE MEMBER STATES , AMOUNTING TO 730 000 000.00 EUROPEAN UNITS OF ACCOUNT , AND OF MISCELLANEOUS REVENUE OF THE FUND ;   WHEREAS PURSUANT TO THE ABOVEMENTIONED COUNCIL DECISION OF 30 MAY 1972 AN AMOUNT OF 10 669 793.57 EUROPEAN UNITS OF ACCOUNT WAS TRANSFERRED AS THE UNEXPENDED BALANCE FROM THE FIRST FUND TO THE SECOND EDF ;   WHEREAS AN ADVANCE OF 14 575 576.14 EUROPEAN UNITS OF ACCOUNT WAS PAID TO THE EUROPEAN DEVELOPMENT FUND ( 1975 )  ( FOURTH EDF );   WHEREAS THE OVERALL IMPLEMENTATION BY THE COMMISSION OF THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1963 ) ( SECOND EDF ) DURING THE FINANCIAL YEAR 1977 WAS SUCH AS TO WARRANT ITS BEING GIVEN A DISCHARGE IN RESPECT OF THE IMPLEMENTATION OF THESE OPERATIONS ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE COUNCIL CLOSES THE REVENUE AND EXPENDITURE ACCOUNT OF THE EUROPEAN DEVELOPMENT FUND ( 1963 ) ( SECOND EDF ) AS AT 31 DECEMBER 1977 AS FOLLOWS :   REVENUE AT THE SUM OF 740 754 947.61 EUROPEAN UNITS OF ACCOUNT ,   EXPENDITURE ( PAYMENTS ) AT THE SUM OF 714 423 954.77 EUROPEAN UNITS OF ACCOUNT .   ARTICLE 2   THE COUNCIL HEREBY GIVES A DISCHARGE TO THE COMMISSION IN RESPECT OF THE IMPLEMENTATION OF THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1963 ) ( SECOND EDF ) FOR THE FINANCIAL YEAR 1977 .   DONE AT BRUSSELS , 8 MAY 1979 .   FOR THE COUNCIL   THE PRESIDENT   P . BERNARD-REYMOND


title: Political and Security Committee Decision (CFSP) 2016/940 of 9 June 2016 on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and repealing Decision (CFSP) 2016/395 (ATALANTA/3/2016)

text:
               14.6.2016

               EN

               Official Journal of the European Union

               L 155/27

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2016/940
   of 9 June 2016
   on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and repealing Decision (CFSP) 2016/395 (ATALANTA/3/2016)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38 thereof,
   Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1), and in particular Article 6 thereof,
   Whereas:

               (1)

               Pursuant to Article 6(1) of Joint Action 2008/851/CFSP, the Council authorised the Political and Security Committee (PSC) to take the relevant decisions on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (‘EU Force Commander’).

               (2)

               On 15 March 2016, the PSC adopted Decision (CFSP) 2016/395 (2) appointing Rear Admiral (LH) Jan C. KAACK as EU Force Commander.

               (3)

               The EU Operation Commander has recommended the appointment of Commodore René LUYCKX as the new EU Force Commander to succeed Rear Admiral (LH) Jan C. KAACK as from 6 August 2016.

               (4)

               The EU Military Committee supported that recommendation on 18 May 2016.

               (5)

               Decision (CFSP) 2016/395 should therefore be repealed.

               (6)

               In accordance with Article 5 of 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 the implementation of decisions and actions of the Union which have defence implications,

         HAS ADOPTED THIS DECISION:
   Article 1
   Commodore René LUYCKX is hereby appointed EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) as from 6 August 2016.
   Article 2
   Decision (CFSP) 2016/395 is repealed.
   Article 3
   This Decision shall enter into force on 6 August 2016.

      Done at Brussels, 9 June 2016.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 301, 12.11.2008, p. 33.

      (2)  Political and Security Committee Decision (CFSP) 2016/395 of 15 March 2016 on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and repealing Decision (CFSP) 2015/1823 (ATALANTA/1/2016) (OJ L 73, 18.3.2016, p. 97).


title: 2006/365/EC,Euratom: Decision of the Council and of the Commission of  15 May 2006  on the conclusion on behalf of the European Community and of the European Atomic Energy Community of the Agreement on Scientific and Technological Cooperation between the European Community and the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part

text:
               23.5.2006

               EN

               Official Journal of the European Union

               L 135/13

      DECISION OF THE COUNCIL AND OF THE COMMISSION

   of 15 May 2006
   on the conclusion on behalf of the European Community and of the European Atomic Energy Community of the Agreement on Scientific and Technological Cooperation between the European Community and the European Atomic Energy Community, of the one part, and the Swiss Confederation, of the other part
   (2006/365/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 170 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof, and Article 300(3), first subparagraph,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               The Commission has negotiated, on behalf of the Communities, an Agreement on Scientific and Technological Cooperation with the Swiss Confederation, which also provides for provisional application of the renewed Agreement.

               (2)

               The Agreement was signed by the representatives of the Parties on 16 January 2004 in Brussels, and has been provisionally applied from 1 January 2004, subject to its conclusion at a later date.

               (3)

               The Agreement should be concluded in such a way that the languages of all Member States are authentic. This should be done via an Exchange of Letters.

               (4)

               The Agreement should be approved,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   The Agreement on Scientific and Technological Cooperation between the European Community and the European Atomic Energy Community, of the one part, and the Swiss Confederation of the other part, is hereby approved on behalf of the European Community and the European Atomic Energy Community (2).
   Article 2
   The President of the Council, on behalf of the European Community, and the President of the Commission, on behalf of the European Atomic Energy Community, shall make the notification provided for in Article 14 of the Agreement and shall be authorised to approve with the Swiss Confederation, by means of an Exchange of Letters, that the text of the Agreement is authentic in all the languages of the Member States following the enlargement of 1 May 2004.

      Done at Brussels, 15 May 2006.

            For the Council

            The President

         U. PLASSNIK

            For the Commission

            The President

         José Manuel BARROSO

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

      (2)  For the text of the Agreement, see OJ L 32, 5.2.2004, p. 23.


Avis juridique important

|

32001D0926

2001/926/EC: Council Decision of 17 December 2001 on the conclusion of an Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out the fishing opportunities and the financial contribution provided for in the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania for the period 1 August 2001 to 31 July 2006

Official Journal L 341 , 22/12/2001 P. 0125 - 0126

Council Decisionof 17 December 2001on the conclusion of an Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out the fishing opportunities and the financial contribution provided for in the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania for the period 1 August 2001 to 31 July 2006(2001/926/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Community and the Islamic Republic of Mauritania have held negotiations with a view to determining amendments or additions to be made to the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania(1).(2) As a result of these negotiations, a new Protocol was initialled on 31 July 2001.(3) Under that Protocol, Community fishermen have fishing opportunities in the waters under the sovereignty or jurisdiction of the Islamic Republic of Mauritania for the period 1 August 2001 to 31 July 2006.(4) In order to ensure uninterrupted fishing activities by Community vessels, it is essential that the new Protocol be applied as quickly as possible; for this reason, the two parties have initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of the initialled Protocol from 1 August 2001.(5) The method for allocating the fishing opportunities among the Member States should be defined,HAS DECIDED AS FOLLOWS:Article 1An Agreement in the form of an Exchange of Letters concerning the provisional application of the Protocol setting out the fishing opportunities and the financial contribution provided for in the Agreement on cooperation in the sea fisheries sector between the European Community and the Islamic Republic of Mauritania for the period 1 August 2001 to 31 July 2006 is hereby approved on behalf of the Community.The texts of the Agreement in the form of an Exchange of Letters and of the Protocol are attached to this Decision.Article 2The fishing opportunities fixed in the Protocol shall be allocated among the Member States as follows:>TABLE>If licence applications from these Member States do not cover all the fishing opportunities fixed by the Protocol, the Commission may take into consideration licence applications from any other Member State.Article 3The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.Done at Brussels, 17 December 2001.For the CouncilThe PresidentA. Neyts-Uyttebroeck(1) OJ L 334, 23.12.1996, p. 20.


title: 2014/651/EU: Council Decision of 8 September 2014 appointing a French member of the European Economic and Social Committee

text:
               9.9.2014

               EN

               Official Journal of the European Union

               L 268/9

         COUNCIL DECISION
   of 8 September 2014
   appointing a French member of the European Economic and Social Committee

      (2014/651/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to the proposal of the French Government,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               On 13 September 2010, the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

               (2)

               A member's seaton the European Economic and Social Committee has become vacant following the end of the term of office of Mr Julien VALENTIN,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Julien MARRE is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 8 September 2014.

            For the Council

            The President

         S. GOZI

      (1)  OJ L 251, 25.9.2010, p. 8.


Avis juridique important

|

31988D0626

88/626/EEC: Council Decision of 12 December 1988 on the conclusion of an Agreement in the form of an exchange of letters between the European Economic Community and the Republic of Austria on the reciprocal establishment of tariff quotas for certain quality wines

Official Journal L 348 , 17/12/1988 P. 0056

*****COUNCIL  DECISION  of 12 December 1988  on the conclusion of an Agreement in the form of an Exchange of Letters between the European Economic Community and the Republic of Austria on the reciprocal establishment of tariff quotas for certain quality wines  (88/626/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 proposal from the Commission,  Whereas, in the context of the Agreement between the European Economic Community and the Republic of Austria (1), signed on 22 July 1972, the two Contracting Parties undertook to promote the expansion of reciprocal trade;  Whereas it is in the Community's interest to promote trade in quality wines with Austria by means of reciprocal tariff concessions;  Whereas the Commission has to that end negotiated with the Republic of Austria an Agreement in the form of an Exchange of Letters, which should be approved,  HAS ADOPTED THIS DECISION:  Article 1  The Agreement in the form of an Exchange of Letters between the European Economic Community and the Republic of Austria on the reciprocal establishment of tariff quotas for certain quality wines is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.  Done at Brussels, 12 December 1988.  For the Council  The President  P. ROUMELIOTIS  (1) OJ No L 300, 31. 12. 1972, p. 2.


title: Council Decision (CFSP) 2016/280 of 25 February 2016 amending Decision 2012/642/CFSP concerning restrictive measures against Belarus

text:
               27.2.2016

               EN

               Official Journal of the European Union

               L 52/30

         COUNCIL DECISION (CFSP) 2016/280
   of 25 February 2016
   amending Decision 2012/642/CFSP concerning restrictive measures against Belarus
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 15 October 2012, the Council adopted Decision 2012/642/CFSP (1).

               (2)

               On the basis of a review of Decision 2012/642/CFSP, the restrictive measures against Belarus should be extended until 28 February 2017.

               (3)

               The application of the travel ban and asset freeze should be maintained in respect of four persons listed in Annex I to Decision 2012/642/CFSP.

               (4)

               Decision 2012/642/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2012/642/CFSP is amended as follows:

               (1)

               throughout the Decision, the term ‘Annex I’ is replaced by the term ‘Annex’;

               (2)

               in Article 6, paragraph 1 is replaced by the following:
               ‘1.   The Council, acting upon a proposal by a Member State or the High Representative of the Union for Foreign Affairs and Security Policy, shall adopt amendments to the list contained in the Annex as required by political developments in Belarus.’;

               (3)

               Article 8 is replaced by the following:
               ‘Article 8
               1.   This Decision shall apply until 28 February 2017.
               2.   This Decision shall be kept under constant review and shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.’;

               (4)

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

               (5)

               Annex II is deleted.

         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, 25 February 2016.

            For the Council

            The President

         K.H.D.M. DIJKHOFF

      (1)  Council Decision 2012/642/CFSP of 15 October 2012 concerning restrictive measures against Belarus (OJ L 285, 17.10.2012, p. 1).

      ANNEX

            ‘ANNEX
            Persons referred to in Articles 3(1) and 4(1)

                        Names
                        Transcription of Belarusian spelling
                        Transcription of Russian spelling

                        Names
                        (Belarusian spelling)

                        Names
                        (Russian spelling)

                        Identifying Information

                        Reasons for listing

                        1.

                        Navumau, Uladzimir Uladzimiravich
                        Naumov, Vladimir Vladimirovich

                        НАВУМАЎ, Уладзiмiр Уладзiмiравiч

                        НАУМОВ, Владимир Владимирович

                        DOB: 7.2.1956
                        POB: Smolensk (Russia)

                        Failed to take action to investigate the case of the unresolved disappearances of Yuri Zakharenko, Viktor Gonchar, Anatoly Krasovski and Dmitri Zavadski in Belarus in 1999-2000. Former Minister of Interior and also former Head of the President's Security Service. As a Minister of Interior he was responsible for the repression of peaceful demonstrations until his retirement on 6 April 2009 for health reasons. Received a residence in the Drozdy nomenklatura district in Minsk from the Presidential Administration. In October 2014, was awarded the Order “For Merit” III degree by President Lukashenka.

                        2.

                        Paulichenka, Dzmitry Valerievich
                        Pavlichenko, Dmitri Valerievich (Pavlichenko, Dmitriy Valeriyevich)

                        ПАЎЛIЧЭНКА, Дзмiтрый Валер'евiч

                        ПАВЛИЧЕНКО, Дмитрий Валериевич

                        DOB: 1966
                        POB: Vitebsk

                                    Белорусская ассоциация ветеранов спецподразделений войск МВД “Честь”

                                    220028, Минск Маяковского, 111

                        Key person in the unresolved disappearances of Yuri Zakharenko, Viktor Gonchar, Anatoly Krasovski and Dmitri Zavadski in Belarus in 1999-2000. Former Head of the Special Response Group at the Ministry of Interior (SOBR).
                        Businessman, Head of “Honour”, the Ministry of Interior's Association of the veterans from special forces from the Ministry of Interior.

                        3.

                        Sheiman, Viktar Uladzimiravich (Sheyman, Viktar Uladzimiravich)
                        Sheiman, Viktor Vladimirovich (Sheyman, Viktor Vladimirovich)

                        ШЭЙМАН, Biктap Уладзiмiравiч

                        ШЕЙМАН, Виктор Владимирович

                        DOB: 26.5.1958
                        POB: Hrodna region
                        Address:

                                    Управлениe

                                    Делами Президента

                                    ул. К.Маркса, 38

                                    220016, г. Минск

                        Head of the Management Department of the President's Administration. Responsible for the unresolved disappearances of Yuri Zakharenko, Viktor Gonchar, Anatoly Krasovski and Dmitri Zavadski in Belarus in 1999-2000. Former Secretary of the Security Council. Sheiman remains a Special Assistant/Aid to the President.

                        4.

                        Sivakau, Iury Leanidavich (Sivakau, Yury Leanidavich)
                        Sivakov, Iury (Yurij, Yuri) Leonidovich

                        СIВАКАЎ, Юрый Леанiдавiч

                        СИВАКОВ, Юрий Леонидович

                        DOB: 5.8.1946
                        POB: Onory, Sakhalin Region
                        Address:

                                    Белорусская ассоциация ветеранов спецподразделений войск МВД “Честь”

                                    220028, Минск Маяковского, 111

                        Orchestrated the unresolved disappearances of Yuri Zakharenko, Viktor Gonchar, Anatoly Krasovski and Dmitri Zavadski in Belarus in 1999-2000. Former Minister of Tourism and Sports, former Minister of Interior and former Deputy Head of the Presidential Administration.’


title: 2011/865/EU: Council Decision of 19 December 2011 appointing a member of the Scientific and Technical Committee

text:
               22.12.2011

               EN

               Official Journal of the European Union

               L 341/53

         COUNCIL DECISION
   of 19 December 2011
   appointing a member of the Scientific and Technical Committee
   (2011/865/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 134 thereof,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               By its Decision of 22 January 2008 (1), the Council appointed the members of the Scientific and Technical Committee (‘the Committee’) for the period 22 January 2008 to 22 January 2013.

               (2)

               Following the death of Mr Juan Antonio RUBIO RODRÍGUEZ, a seat on the Committee has become vacant. A new member should therefore be appointed,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Cayetano LÓPEZ is hereby appointed member of the Scientific and Technical Committee to replace Mr Juan Antonio RUBIO RODRÍGUEZ for the remainder of his term of office, which runs until 22 January 2013.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 19 December 2011.

            For the Council

            The President

         M. KOROLEC

      (1)  OJ C 21, 26.1.2008, p. 2.


Avis juridique important

|

41984D0651

84/651/Euratom, ECSC, EEC: Decision of the representatives of the Governments of the Member States of the European Communities meeting within the Council of 4 December 1984 appointing Members of the Commission of the European Communities

Official Journal L 341 , 29/12/1984 P. 0086 - 0086

*****CONFERENCE  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES  DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES MEETING WITHIN THE COUNCIL  of 4 December 1984  appointing Members of the Commission of the European Communities  (84/651/Euratom, ECSC, EEC)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES, MEETING WITHIN THE COUNCIL,  Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities, and in particular Articles 10 and 11 thereof,  Having regard to the Treaty concerning the Accession of the Hellenic Republic to the European Economic Community and to the European Atomic Energy Community, signed on 28 May 1979, and to the Council Decision of 24 May 1979 concerning the Accession of the Hellenic Republic to the European Coal and Steel Community, and in particular Article 15 of the Act joined thereto,  HAVE DECIDED AS FOLLOWS:  Sole Article  The following are hereby appointed Members of the Commission of the European Communities for the period 6 January 1985 to 5 January 1989:  1.2 // Mr Franciscus H.J.J. Andriessen Mr Claude Cheysson Mr Henning Christophersen The Right Honourable Lord Cockfield Mr Stanley Clinton Davis Mr Willy de Clercq Mr Jacques Delors  // Mr Nicolas Mosar Mr Karl-Heinz Narjes Mr Lorenzo Natali Mr Alois Pfeiffer Mr Carlo Ripa di Meana Mr Peter Sutherland Mr Grigoris Varfis  Done at Dublin, 4 December 1984.  The President  G. FITZGERALD