title: 2006/592/EC: Council Decision of 5 May 2006 on the signing and provisional application of the Agreement between the European Community and the Government of the Republic of Singapore on certain aspects of air services

text:
               6.9.2006

               EN

               Official Journal of the European Union

               L 243/21

         COUNCIL DECISION
   of 5 May 2006
   on the signing and provisional application of the Agreement between the European Community and the Government of the Republic of Singapore on certain aspects of air services
   (2006/592/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2), in conjunction with Article 300(2), first sentence of the first subparagraph thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

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

               (2)

               On behalf of the Community, the Commission has negotiated an Agreement with the Government of the Republic of Singapore on certain aspects of air services, hereinafter referred to as ‘the Agreement’, in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (3)

               The Agreement should be signed and provisionally applied, subject to its possible conclusion at a later date,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Community and the Government of the Republic of Singapore on certain aspects of air services is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Community subject to its conclusion.
   Article 3
   Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the Parties have notified each other of the completion of the necessary procedures for this purpose.
   Article 4
   The President of the Council is hereby authorised to make the notification provided in Article 7(2) of the Agreement.

      Done at Brussels, 5 May 2006.

            For the Council

            The President

         K.-H. GRASSER

    ---documentbreak---

               6.9.2006

               EN

               Official Journal of the European Union

               L 243/22

         AGREEMENT
   between the European Community and the Government of the Republic of Singapore on certain aspects of air services
   THE EUROPEAN COMMUNITY
   of the one part, and
   THE GOVERNMENT OF THE REPUBLIC OF SINGAPORE (hereinafter referred to as Singapore)
   of the other part
   (hereinafter referred to as the Contracting Parties)
   NOTING that the European Court of Justice has found that certain provisions of bilateral agreements entered into by several Member States with third countries are incompatible with European Community law,
   NOTING that a number of bilateral air services agreements have been concluded between several Member States of the European Community and Singapore containing similar provisions and that there is an obligation on Member States to take all appropriate steps to eliminate incompatibilities between such agreements and the EC Treaty,
   NOTING that the European Community has exclusive competence with respect to a number of aspects that may be included in bilateral air service agreements between Member States of the European Community and third countries,
   NOTING that, under European Community law, Community air carriers established in a Member State have the right to non-discriminatory access to air routes between that Member State and third countries,
   HAVING REGARD to the agreements between the European Community and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with European Community law,
   RECOGNISING that consistency between European Community law and provisions of bilateral air service agreements between Member States of the European Community and Singapore will provide a viable means to ensure continuity and development of air services between the European Community and Singapore,
   NOTING that provisions of the bilateral air services agreements between Member States of the European Community and Singapore, which are not inconsistent with European Community law, do not need to be affected by this Agreement,
   NOTING that it is not a purpose of the European Community in this Agreement to increase the total volume of air traffic between the European Community and Singapore, to affect the balance between Community air carriers and air carriers of Singapore, or to prevail over the interpretation of the provisions of existing bilateral air service agreements concerning traffic rights,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Community; ‘Contracting Party’ shall mean a contracting party to this Agreement; ‘party’ shall mean the contracting party to the relevant bilateral air services agreement; ‘air carrier’ shall also mean airline; ‘territory of the European Community’ shall mean territories of the Member States to which the Treaty establishing the European Community applies.
   2.   References in each of the Agreements listed in Annex I to nationals of the Member State that is a party to that Agreement shall be understood as referring to nationals of the Member States of the European Community.
   3.   References in each of the Agreements listed in Annex I to air carriers or airlines of the Member State that is a party to that Agreement shall be understood as referring to air carriers or airlines designated by that Member State.
   Article 2
   Designation, authorisation and revocation
   1.   The provisions in paragraphs 3 and 4 of this Article shall prevail over the corresponding provisions in the Articles listed in Annex II(a) and (b) respectively, in relation to the designation of air carriers by the Member State concerned, its authorisations and permissions granted by Singapore, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   The provisions in paragraphs 3 and 4 of this Article shall prevail over the corresponding provisions in the Articles listed in Annex II(a) and (b) respectively, in relation to the designation of air carriers by Singapore, its authorisations and permissions granted by the Member State concerned, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively, if the relevant Member State affirms the application of the provisions in paragraphs 3 and 4 of this Article.
   3.   On receipt of such a designation, and of applications from the designated air carrier(s), in the form and manner prescribed for operating authorisations and technical permissions, each party shall, subject to paragraphs 4 and 5 grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (a)

               in the case of an air carrier designated by a Member State:

                           (i)

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

                           (ii)

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

                           (iii)

                           the air carrier has its principal place of business in the territory of the Member State from which it has received the valid operating licence; and

                           (iv)

                           the air carrier is owned directly or through majority ownership and is effectively controlled by Member States and/or nationals of Member States, and/or by other States listed in Annex III and/or nationals of such other States.

               (b)

               in the case of an air carrier designated by Singapore:

                           (i)

                           Singapore has and maintains effective regulatory control of the air carrier; and

                           (ii)

                           it has its principal place of business in Singapore.

         4.   Either party may refuse, revoke, suspend or limit the operating authorisation or technical permissions of an air carrier designated by the other party where:

               (a)

               in the case of an air carrier designated by a Member State:

                           (i)

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

                           (ii)

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

                           (iii)

                           the air carrier does not have its principal place of business in the territory of the Member State from which it has received its operating licence; or

                           (iv)

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

                           (v)

                           it can be demonstrated that by exercising traffic rights under this Agreement on a route that includes a point in another Member State, including the operation of a service which is marketed as, or otherwise constitutes a through service, the air carrier would in effect be circumventing restrictions on traffic rights imposed by an agreement between Singapore and that other Member State; or

                           (vi)

                           the air carrier holds an air operator's certificate issued by a Member State and there is no bilateral air services agreement between Singapore and that Member State and it can be demonstrated that the necessary traffic rights to conduct the proposed operation are not reciprocally available to the designated air carrier(s) of Singapore.

               (b)

               in the case of an air carrier designated by Singapore:

                           (i)

                           Singapore is not maintaining effective regulatory control of the air carrier; or

                           (ii)

                           it does not have its principal place of business in Singapore.

         5.   In exercising its right under paragraph 4, and without prejudice to its rights under paragraph 4(a)(v) and (vi) of this Article, Singapore shall not discriminate between air carriers of Member States on the grounds of nationality.
   Article 3
   Rights with regard to regulatory control
   1.   The provisions in paragraph 2 of this Article shall complement the articles listed in Annex II(c).
   2.   Where a Member State (the first Member State) has designated an air carrier whose regulatory control is exercised and maintained by a second Member State, the rights of Singapore under the safety provisions of the agreement between the first Member State that has designated the air carrier and Singapore shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that second Member State and in respect of the operating authorisation of that air carrier.
   Article 4
   Tariffs for carriage within the European Community
   1.   The provisions in paragraph 2 of this Article shall complement the articles listed in Annex II(d).
   2.   The tariffs to be charged by the air carrier(s) designated by Singapore under an Agreement listed in Annex I containing a provision listed in Annex II(d) for carriage wholly within the European Community shall be subject to European Community law. European Community law is applied on a non-discriminatory basis.
   Article 5
   Annexes to the Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 6
   Revision or amendment
   The Contracting Parties may, at any time, revise or amend this Agreement by mutual consent.
   Article 7
   Entry into force
   1.   This Agreement shall enter into force when the Contracting 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 Contracting Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Contracting Parties have notified each other of the completion of the procedures necessary for this purpose.
   3.   Agreements and other arrangements between Member States and Singapore which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Annex I(b). This Agreement shall apply to all such Agreements and arrangements upon their entry into force or provisional application.
   Article 8
   Termination
   1.   In the event that an Agreement listed in Annex I is terminated, all provisions of this Agreement that relate to the Agreement listed in Annex I concerned shall terminate at the same time.
   2.   In the event that all Agreements listed in Annex I are terminated, this Agreement shall terminate at the same time.

      IN WITNESS WHEREOF, the undersigned, being duly authorised, have signed this Agreement.
      Done at Luxembourg in duplicate, on this ninth day of June in the year two thousand and six, in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish, and Swedish languages. In case of any dispute the English text shall prevail over the other language texts.

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

         Por el Gobierno de la República de Singapur
         Za vládu Singapurské republiky
         For Republikken Singapores regering
         Für die Regierung der Republik Singapur
         Singapuri Vabariigi valitsuse nimel
         Για την κυβέρνηση της Δημοκρατίας της Σιγκαπούρης
         For the Government of the Republic of Singapore
         Pour le gouvernement de la République de Singapour
         Per il governo della Repubblica di Singapore
         Singapūras Republikas valdības vārdā
         Singapūro Respublikos Vyriausybės vardu
         A Szingapúri Köztársaság Kormánya részéről
         Għall-Gvern tar-Repubblika ta' Singapor
         Voor de regering van de Republiek Singapore
         W imieniu Rządu Republiki Singapuru
         Pelo Governo da República de Singapura
         Za vládu Singapurskej republiky
         Za vlado Singapurske republike
         Singaporen tasavallan hallituksen puolesta
         För Republiken Singapores regering

   ANNEX I
   List of agreements referred to in Article 1 of this Agreement

               (a)

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

                           —

                           Agreement between the Austrian Federal Government and the Government of the Republic of Singapore for Air Services between and beyond their respective territories, done at Singapore on 8 August 1978, as amended (hereinafter referred to as Singapore-Austria Agreement),

                           —

                           Agreement between the Government of the Kingdom of Belgium and the Government of the Republic of Singapore for Air Services between and beyond their respective territories, done at Singapore on 29 May 1967, as amended (hereinafter referred to as Singapore-Belgium Agreement),

                           —

                           Air Services Agreement between the Government of the Republic of Singapore and the Government of the Republic of Cyprus, done at Nicosia on 27 January 1989 (hereinafter referred to as Singapore-Cyprus Agreement),

                           —

                           Agreement between the Czechoslovak Socialist Republic and the Republic of Singapore for Air Services between and beyond their respective territories, signed at Singapore on 7 September 1971, in respect of which the Czech Republic declared that it considers itself to be bound by the provisions thereof, as amended (hereinafter referred to as Singapore-Czech Republic Agreement),

                           —

                           Agreement between the Government of the Kingdom of Denmark and the Government of the Republic of Singapore for Air Services between and beyond their respective territories, done at Singapore on 20 December 1966, as amended (hereinafter referred to as Singapore-Denmark Agreement),

                           —

                           Draft Air Services Agreement between the Government of the Kingdom of Denmark and the Government of the Republic of Singapore, initialled at Singapore on 21 October 1998 and given provisional effect (hereinafter referred to as Draft Revised Singapore-Denmark Agreement),

                           —

                           Agreement between the Government of the Republic of Finland and the Government of the Republic of Singapore for air services between and beyond their respective territories, done at Singapore on 19 January 1984, as amended (hereinafter referred to as Singapore-Finland Agreement),

                           —

                           Agreement between the Government of the Republic of France and the Government of the Republic of Singapore relating to Air Services between and beyond their respective territories, done at Singapore on 29 June 1967, as amended (hereinafter referred to as Singapore-France Agreement),

                           —

                           Agreement between the Federal Republic of Germany and the Republic of Singapore for air services between and beyond their respective territories, done at Singapore on 15 February 1969, as amended and supplemented by the Supplementary Memorandum of Understanding, signed in Bonn on 7 June 2000 (hereinafter referred to as Singapore-Germany Agreement),

                           —

                           Agreement between the Government of the Kingdom of Greece and the Government of the Republic of Singapore for Air Services between and beyond their respective territories, done at Singapore on 21 August 1971, as amended (hereinafter referred to as Singapore-Greece Agreement),

                           —

                           Air Transport Agreement between the Government of the Republic of Hungary and the Government of the Republic of Singapore, done at Singapore on 9 March 1990 (hereinafter referred to as Singapore-Hungary Agreement),

                           —

                           Agreement between the Government of the Italian Republic and the Government of the Republic of Singapore for air services between and beyond their respective territories, done at Singapore on 28 June 1985, as amended (hereinafter referred to as Singapore-Italy Agreement),

                           —

                           Agreement between the Government of Ireland and the Government of the Republic of Singapore for Air Services between and beyond their respective territories, done at Singapore on 20 February 1981 (hereinafter referred to as Singapore-Ireland Agreement),

                           —

                           Air Services Agreement between the Government of the Republic of Latvia and the Government of the Republic of Singapore, done at Singapore on 6 October 1999 (hereinafter referred to as Singapore-Latvia Agreement),

                           —

                           Agreement between the Government of the Grand-Duchy of Luxembourg and the Government of the Republic of Singapore for Air Services between and beyond their respective territories, signed at Singapore on 9 April 1975, as amended (hereinafter referred to as Singapore-Luxembourg Agreement),

                           —

                           Agreement between the Government of the Republic of Malta and the Government of the Republic of Singapore for Air Services between and beyond their respective territories, done at London on 19 July 1983, as amended (hereinafter referred to as Singapore-Malta Agreement),

                           —

                           Agreement between the Government of the Kingdom of the Netherlands and the Government of the Republic of Singapore for Air Services between and beyond their respective territories, done at Singapore on 29 December 1966, as amended (hereinafter referred to as Singapore-Netherlands Agreement),

                           —

                           Agreement between the Government of the Polish People's Republic and the Government of the Republic of Singapore for air services between and beyond their respective territories, done at Singapore on 22 December 1979, as amended (hereinafter referred to as Singapore-Poland Agreement),

                           —

                           Air Services Agreement between the Republic of Portugal and the Republic of Singapore as annexed to the Memorandum of Understanding initialled at Singapore on 7 November 1997 (hereinafter referred to as Draft Singapore-Portugal Agreement),

                           —

                           Agreement between the Czechoslovak Socialist Republic and the Republic of Singapore signed at Singapore on 7 September 1971, in respect of which the Slovak Republic declared that it considers itself to be bound by the provisions thereof, as amended (hereinafter referred to as Singapore-Slovakia Agreement),

                           —

                           Air Services Agreement between the Government of the Slovak Republic and the Government of the Republic of Singapore, initialled at Singapore on 27 December 1996 and given provisional effect (hereinafter referred to as Draft Singapore-Slovakia Agreement),

                           —

                           Air Transport Agreement between the Kingdom of Spain and the Republic of Singapore, done at Madrid on 11 March 1992, as amended (hereinafter referred to as Singapore-Spain Agreement),

                           —

                           Agreement between the Government of the Republic of Singapore and the Government of the Kingdom of Sweden for air services between and beyond their respective territories, signed at Singapore on 20 December 1966, as amended (hereinafter referred to as Singapore-Sweden Agreement),

                           —

                           Draft Air Service Agreement between the Government of the Kingdom of Sweden and the Government of the Republic of Singapore, initialled at Singapore on 21 October 1998 and given provisional effect (hereinafter referred to as Draft Revised Singapore-Sweden Agreement),

                           —

                           Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Republic of Singapore for Air Services between and beyond their respective territories, done at Singapore on 12 January 1971 as amended (hereinafter referred to as Singapore-United Kingdom Agreement).

               (b)

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

         ANNEX II
   List of Articles in the agreements listed in Annex I and referred to in Articles 2 to 5 of this Agreement

               (a)

               Designation by a Member State:

                           —

                           Article 3 of the Singapore-Austria Agreement,

                           —

                           Article 3 of the Singapore-Belgium Agreement,

                           —

                           Article 3 of the Singapore-Cyprus Agreement,

                           —

                           Article 3 of the Singapore-Czech Republic Agreement,

                           —

                           Article 3 of the Singapore-Denmark Agreement,

                           —

                           Article 3 of the Draft Revised Singapore-Denmark Agreement,

                           —

                           Article 3 of the Singapore-Finland Agreement,

                           —

                           Article 3 of the Singapore-France Agreement,

                           —

                           Article 3 of the Singapore-Germany Agreement,

                           —

                           Article 4 of the Singapore-Greece Agreement,

                           —

                           Article 3 of the Singapore-Hungary Agreement,

                           —

                           Article 3 of the Singapore-Ireland Agreement,

                           —

                           Article 4 of the Singapore-Italy Agreement,

                           —

                           Article 3 of the Singapore-Latvia Agreement,

                           —

                           Article 3 of the Singapore-Luxembourg Agreement,

                           —

                           Article 3 of the Singapore-Malta Agreement,

                           —

                           Article 3 of the Singapore-Netherlands Agreement,

                           —

                           Article 3 of the Singapore-Poland Agreement,

                           —

                           Article 3 of the Singapore-Portugal Agreement,

                           —

                           Article 3 of the Singapore-Slovakia Agreement,

                           —

                           Article 3 of the Draft Singapore-Slovakia Agreement,

                           —

                           Article 3 of the Singapore-Spain Agreement,

                           —

                           Article 3 of the Singapore-Sweden Agreement,

                           —

                           Article 3 of the Draft Revised Singapore-Sweden Agreement,

                           —

                           Article 3 of the Singapore-United Kingdom Agreement.

               (b)

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

                           —

                           Article 3 of the Singapore-Austria Agreement,

                           —

                           Article 3 of the Singapore-Belgium Agreement,

                           —

                           Article 4 of the Singapore-Cyprus Agreement,

                           —

                           Article 3 of the Singapore-Czech Republic Agreement,

                           —

                           Article 3 of the Singapore-Denmark Agreement,

                           —

                           Article 4 of the Draft Revised Singapore-Denmark Agreement,

                           —

                           Article 4 of the Singapore-Finland Agreement,

                           —

                           Article 3 of the Singapore-France Agreement,

                           —

                           Article 3 of the Singapore-Germany Agreement,

                           —

                           Article 5 of the Singapore-Greece Agreement,

                           —

                           Article 4 of the Singapore-Hungary Agreement,

                           —

                           Article 4 of the Singapore-Ireland Agreement,

                           —

                           Article 5 of the Singapore-Italy Agreement,

                           —

                           Article 4 of the Singapore-Latvia Agreement,

                           —

                           Article 3 of the Singapore-Luxembourg Agreement,

                           —

                           Article 4 of the Singapore-Malta Agreement,

                           —

                           Article 3 of the Singapore-Netherlands Agreement,

                           —

                           Article 3 of the Singapore-Poland Agreement,

                           —

                           Article 4 of the Singapore-Portugal Agreement,

                           —

                           Article 3 of the Singapore-Slovakia Agreement,

                           —

                           Article 4 of the Draft Singapore-Slovakia Agreement,

                           —

                           Article 4 of the Singapore-Spain Agreement,

                           —

                           Article 3 of the Singapore-Sweden Agreement,

                           —

                           Article 4 of the Draft Revised Singapore-Sweden Agreement,

                           —

                           Article 4 of the Singapore-United Kingdom Agreement.

               (c)

               Regulatory control:

                           —

                           Article 11 of the Singapore-Cyprus Agreement,

                           —

                           Article 14 of the Draft Revised Singapore-Denmark Agreement,

                           —

                           Article 8a of the Singapore-Finland Agreement,

                           —

                           Article 9 A of Annex F to the Supplementary Memorandum of Understanding, signed in Bonn on 7 June 2000 — as applied provisionally in the framework of the Singapore-Germany Agreement,

                           —

                           Article 8 of the Singapore-Hungary Agreement,

                           —

                           Article 8 of the Singapore-Latvia Agreement,

                           —

                           Article 15 of the Singapore-Portugal Agreement,

                           —

                           Article 8 of the Draft Singapore-Slovakia Agreement,

                           —

                           Article 10 of the Singapore-Spain Agreement,

                           —

                           Article 14 of the Draft Revised Singapore-Sweden Agreement,

                           —

                           Article 11bis of the Singapore-United Kingdom Agreement.

               (d)

               Tariffs for carriage within the European Community:

                           —

                           Article 9 of the Singapore-Austria Agreement,

                           —

                           Article 10 of the Singapore-Belgium Agreement,

                           —

                           Article 13 of the Singapore-Cyprus Agreement,

                           —

                           Article 10 of the Singapore-Czech Republic Agreement,

                           —

                           Article 10 of the Singapore-Denmark Agreement,

                           —

                           Article 10 of the Draft Revised Singapore-Denmark Agreement,

                           —

                           Article 11 of the Singapore-Finland Agreement,

                           —

                           Article 9 of the Singapore-France Agreement,

                           —

                           Article 7 of the Singapore-Germany Agreement,

                           —

                           Article 11 of the Singapore-Greece Agreement,

                           —

                           Article 12 of the Singapore-Hungary Agreement,

                           —

                           Article 11 of the Singapore-Ireland Agreement,

                           —

                           Article 8 of the Singapore-Italy Agreement,

                           —

                           Article 12 of the Singapore-Latvia Agreement,

                           —

                           Article 9 of the Singapore-Luxembourg Agreement,

                           —

                           Article 11 of the Singapore-Malta Agreement,

                           —

                           Article 10 of the Singapore-Netherlands Agreement,

                           —

                           Article 9 of the Singapore-Poland Agreement,

                           —

                           Article 18 of the Singapore-Portugal Agreement,

                           —

                           Article 10 of the Singapore-Slovakia Agreement,

                           —

                           Article 12 of the Draft Singapore-Slovakia Agreement,

                           —

                           Article 6 of the Singapore-Spain Agreement,

                           —

                           Article 10 of the Singapore-Sweden Agreement,

                           —

                           Article 10 of the Draft Revised Singapore-Sweden Agreement,

                           —

                           Article 9 of the Singapore-United Kingdom Agreement.

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

               (a)

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

               (b)

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

               (c)

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

               (d)

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


title: 2007/477/EC: Commission Decision of 25 June 2007 on the compatibility with Community law of measures taken by Austria pursuant to Article 3a(1) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities

text:
               10.7.2007

               EN

               Official Journal of the European Union

               L 180/11

      COMMISSION DECISION

   of 25 June 2007
   on the compatibility with Community law of measures taken by Austria pursuant to Article 3a(1) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities
   (2007/477/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, (1) and in particular Article 3a(2) thereof,
   Having regard to the opinion of the Committee established pursuant to Article 23a of Directive 89/552/EEC,
   Whereas:

               (1)

               By letter of 12 March 2001, Austria notified to the Commission measures to be taken pursuant to Article 3a(1) of Directive 89/552/EEC.

               (2)

               The Commission verified, within three months from this notification, that such measures are compatible with Community law, in particular as regards the proportionality of the measures and the transparency of the national consultation procedure.

               (3)

               In its examination, the Commission took into consideration the available data on the Austrian media landscape.

               (4)

               The list of events of major importance for society included in the Austrian measures was drawn up in a clear and transparent manner and a far-reaching consultation had been launched in Austria.

               (5)

               The Commission was satisfied that the events listed in the Austrian measures met at least two of the following criteria considered to be reliable indicators of the importance of events for society: (i) a special general resonance within the Member State, and not simply a significance to those who ordinarily follow the sport or activity concerned; (ii) a generally recognised, distinct cultural importance for the population in the Member State, in particular as a catalyst of cultural identity; (iii) involvement of the national team in the event concerned in the context of a competition or tournament of international importance; and (iv) the fact that the event has traditionally been broadcast on free television and has commanded large television audiences.

               (6)

               A number of the events listed in the Austrian measures, including the summer and winter Olympic games, the World Cup and the European Championship football matches involving the Austrian national team as well as the opening matches, the semi-finals and the finals of these tournaments (men), fall within the category of events traditionally considered to be of major importance for society, as referred to explicitly in recital 18 of Directive 97/36/EC. These events have a special general resonance in Austria, as they are particularly popular with the general public, not just with those who usually follow sport events.

               (7)

               The final of the Austrian Football Cup has a special general resonance in Austria, as football is the most popular sport in that Member State.

               (8)

               The FIS Alpine World Ski Championships and the FIS Nordic World Ski Championships have a special general resonance in Austria given that skiing is a very popular sport forming part of general school sports education in that Member State. Moreover, the distinct cultural importance of these events as catalysts of Austrian cultural identity is due to the success of the Austrian participants in those competitions and to the importance of skiing tourism in Austria.

               (9)

               The Vienna Philharmonic Orchestra’s New Year’s concert has a distinct cultural importance as a keystone of Austrian cultural identity in view of the extremely high quality of this cultural event and the fact that it commands a very considerable world-wide audience.

               (10)

               The Vienna Opera Ball has a special general resonance in Austria as a ‘popular culture’ event and as a symbol for the ball season with a specific importance in the Austrian cultural tradition. The important contribution of this event to the world-wide reputation of the Vienna State Opera House, as it usually involves world-famous opera singers, confirms its distinct cultural importance for Austria.

               (11)

               The listed events have traditionally been broadcast on free television and have commanded large television audiences.

               (12)

               The Austrian measures appear proportionate so as to justify a derogation from the fundamental EC Treaty freedom to provide services on the basis of an overriding reason of public interest, which is to ensure wide public access to broadcasts of events of major importance for society.

               (13)

               The Austrian measures are compatible with EC competition rules in that the definition of qualified broadcasters for the broadcasting of listed events is based on objective criteria that allow actual and potential competition for the acquisition of the rights to broadcast these events. In addition, the number of listed events is not disproportionate so as to distort competition on the downstream free television and pay television markets.

               (14)

               After communication by the Commission to the other Member States of the Austrian measures and consultation of the Committee established pursuant to Article 23a of Directive 89/552/EEC, the Director-General for Education and Culture informed Austria, by letter of 31 May 2001, that the European Commission did not intend to object to the measures notified.

               (15)

               The Austrian measures entered into force on 1 October 2001.

               (16)

               Those measures were published in the C Series of the Official Journal of the European Communities
                   (2) in accordance with Article 3a(2) of Directive 89/552/EEC.

               (17)

               It follows from the judgment of the Court of First Instance in Case T-33/01, Infront WM v Commission, that the declaration that measures taken pursuant to Article 3a(1) of Directive 89/552/EEC are compatible with Community law constitutes a decision within the meaning of Article 249 of the EC Treaty, which must therefore be adopted by the Commission. Accordingly, it is necessary to declare by this Decision that the measures notified by Austria are compatible with Community law. The measures, as finally taken by Austria and set out in the Annex to this Decision, should be published in the Official Journal in accordance with Article 3a(2) of Directive 89/552/EEC,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The measures pursuant to Article 3a(1) of Directive 89/552/EEC notified by Austria to the Commission on 12 March 2001, as published in the
         Official Journal of the European Communities C 16 of 19 January 2002, are compatible with Community law.
   Article 2
   The measures, as finally taken by Austria and set out in the Annex to this Decision, shall be published in the Official Journal in accordance with Article 3a(2) of Directive 89/552/EEC.

      Done at Brussels, 25 June 2007.

            For the Commission

         Viviane REDING

            Member of the Commission

      (1)  OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.7.1997, p. 60).

      (2)  OJ C 16, 19.1.2002, p. 8.

      ANNEX
      Publication in accordance with Article 3a(2) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities
      The measures taken by Austria to be published pursuant to Article 3a(2) of Directive 89/552/EEC are set out in the following extracts from the Bundesgesetzblatt (Federal Law Gazette — I No 85/2001 and II No 305/2001):

         ‘85.   Federal Act on the exercise of exclusive television broadcasting rights (Exclusive Television Rights Act (Fernseh-Exclusivrechtegesetz — FERG))
         The Nationalrat has decreed the following:
         Article I

                     § 1.

                                 (1)

                                 This Act shall, with the exception of § 5, apply only to television broadcasters covered by the Austrian Broadcasting Act (Österreichischer Rundfunkgesetz — ORF-Gesetz), published in the Federal Law Gazette (BGBl.) No 379/1984, or the Private Television Act (Privatfernsehgesetz), BGBl. I No 84/2001.

                                 (2)

                                 § 3 shall not apply to television broadcasting rights acquired prior to the entry into force of this Act, unless the underlying agreements were extended after this Act took effect.

               § 2.   An “event of substantial social interest” shall for the purposes of this Act mean only those events referred to in an Ordinance issued under § 4 hereof.

                     § 3.

                                 (1)

                                 Where a television broadcaster has acquired exclusive broadcasting rights for an event referred to in an Ordinance issued under § 4 hereof, it shall allow the event to be seen on a television channel freely accessible in Austria by at least 70 % of licence-payers and viewers exempted from the licence fee, whereby the arrangements set out in the Ordinance (whole or partial live or deferred coverage) shall be complied with. For the purposes of this subparagraph, coverage shall be deemed “deferred” where no more than 24 hours elapse between the beginning of the event and the beginning of the broadcast.

                                 (2)

                                 For the purposes of this Act, “free-access television channels” shall mean channels which viewers are able to receive without any additional or regular payments for the use of technical equipment for decoding. “Additional payments” within the meaning of this subparagraph shall not include the licence fee (§ 2 of the Licence Fees Act (Rundfunkgebührengesetz — RGG)), the programme charge (§ 20 RFG), a cable network connection fee and the standing charge payable to a cable operator.

                                 (3)

                                 The obligation referred to in subparagraph (1) shall be deemed to have been met if evidence is provided that the television broadcaster did all that could be reasonably expected under normal market conditions in an attempt to enable the event as referred to in subparagraph (1) to be viewed on free-access television channels. A television broadcaster may, in order to reach an amicable agreement about what constitutes such conditions, refer the matter to the Federal Communication Senate (Bundeskommunikationssenat). The latter shall involve all parties in efforts to reach a settlement and shall draw up a written record of the negotiations and their outcome.

                                 (4)

                                 Where no agreement is reached, the Federal Communication Senate shall, at the request of one of the television broadcasters involved, decide whether the broadcaster concerned has adequately fulfilled its obligations under subparagraphs (1) and (3). In the event that the broadcaster has not adequately fulfilled these obligations, the Federal Communication Senate shall take the place of the broadcaster in determining what is meant by ’normal market conditions’ as referred to in subparagraph (3). In particular, the Federal Communication Senate shall lay down an appropriate market price for the granting of broadcasting rights.

                                 (5)

                                 A television broadcaster which has not adequately fulfilled its obligations under subparagraph (1) may be sued for damages in a civil action. The claim to damages shall also include compensation for loss of earnings.

                                 (6)

                                 Action for damages shall only be permissible once a decision has been given as referred to in subparagraph (4). Without prejudice to subparagraph (7), the court and the parties to the proceedings referred to in subparagraph (4) shall be bound by a non-appealable ruling.

                                 (7)

                                 Where, in proceedings referred to in subparagraph (6), the court considers that the decision is unlawful, it shall discontinue the proceedings and file a complaint with the Higher Administrative Court (Verwaltungsgerichtshof - VwGH) under Article 131 subparagraph (2) of the Federal Constitution (B-VG) requesting a declaratory ruling confirming the unlawfulness of the decision. When a ruling has been issued by the VwGH, the court shall continue its proceedings and rule on the dispute in keeping with the legal view of the VwGH.

                     § 4.

                                 (1)

                                 The Federal Government shall determine, by means of an Ordinance, what events referred to in § 2 are of substantial social interest in Austria. The Ordinance shall include only events which meet at least two of the following criteria:

                                             1.

                                             the event already commands widespread attention in Austria, particularly as a result of reports in the media;

                                             2.

                                             the event is an expression of Austria's cultural, artistic or social identity;

                                             3.

                                             the event is — particularly because of the involvement of top-level Austrian sportsmen/women — a sporting event of special national significance or commands widespread attention among viewers in Austria owing to its international importance;

                                             4.

                                             the event has previously been broadcast on free-access television.

                                 (2)

                                 The Ordinance shall stipulate whether an event shown on free-access television is to have live or deferred coverage, and whether the whole event or only parts of it are to be broadcast. An event shall be covered live and in full unless there are objective reasons (e.g. different time zones, various events/parts of the same event being organised simultaneously) why it is necessary and appropriate not to provide such coverage.

                                 (3)

                                 Before the Ordinance is issued or amended, a cross-section of television broadcasters, holders of rights, the business sector, consumers, employees and persons from the fields of culture and sport shall be consulted. The draft Ordinance shall be published in the official gazette supplement (Amtsblatt) to the Wiener Zeitung, and provision shall be made for any person to comment on it within a period of eight weeks. The draft shall then be submitted to the European Commission. The Ordinance may only be issued if, within a period of three months following submission to the European Commission, the latter has not raised any objections to its being issued.
                                 […]

               § 6.   Responsibility for the supervision of the provisions of this Act on points of law shall lie with the Federal Communication Senate in so far as such provisions relate to television broadcasters (§ 11 of the KommAustria Act (KOG), BGBl. I No 32/2001).

                     § 7.

                                 (1)

                                 Any person who infringes obligations under:

                                             1.

                                             § 3 subparagraph (1); or
                                             […]
                                             shall be deemed to have committed an administrative offence and be subject to a fine of EUR 36 000 to EUR 58 000 from the Federal Communication Senate.

                                 (2)

                                 In the procedure provided for in subparagraph (1), the Federal Communication Senate shall conduct a public oral hearing.

                                 (3)

                                 The Federal Communication Senate shall apply the 1991 General Administrative Procedures Act (Allgemeine Verwaltungsverfahrensgesetz 1991) (BGBl. No 51) and, in cases provided for in subparagraph (1), the 1991 Administrative Penalties Act (Verwaltungsstrafgesetz 1991) (BGBl. No 52).

                                 (4)

                                 In the event of repeated and serious infringements of this Act by a television broadcaster (§ 2 subparagraph (1) of the Private Television Act, BGBl. I No 84/2001), the Federal Communication Senate shall initiate the procedure for withdrawing licences or prohibiting cable broadcasts as provided for in § 63 of the Private Television Act.
                                 […]

                     § 9.

                                 (1)

                                 Enforcement of this Act shall be entrusted to the Federal Government with respect to § 4 subparagraphs (1), (2) and (3), final sentence, to the Minister for Justice with respect to § 3 subparagraphs (5)-(7), and to the Federal Chancellor with respect to all other provisions.

                                 (2)

                                 The requirements of the first and second sentences of § 4 subparagraph (3) may be disregarded when an Ordinance is issued for the first time after this Federal Act comes into force, if, as part of the preparation of the notification procedure pursuant to Article 3(a)(1) and (2) of Directive 89/552/EEC as amended by Directive 97/36/EC, the parties concerned have already been consulted and the content of the Ordinance to be issued has been made known in an appropriate manner as part of this consultation.

               § 10.   The provisions of §§ 1-4, §§ 6-9 and § 11 of this Act transpose Article 3(a)(1) of Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (OJ L 298, 17.10.1989, p. 23), as amended by Directive 97/36/EC (OJ L 202, 30.7.1997, p. 60).
         […]
         § 11.   This Act shall enter into force on 1 August 2001.

               KLESTIL
               SCHÜSSEL’

         ‘305.   Ordinance on events of substantial social interest
         The following Order is made pursuant to § 4 subparagraph (1) of the Federal Act on the exercise of exclusive television broadcasting rights (Exclusive Television Rights Act (Fernseh-Exclusivrechtegesetz - FERG)), BGBl. I No 85/2001:

                     § 1.

                     Events of substantial social interest are:

                                 1.

                                 The Summer or Winter Olympic Games;

                                 2.

                                 FIFA World Cup football matches (for men) if the Austrian national team is involved, as well as the opening match, the semi-finals and the final of the football World Cup (for men);

                                 3.

                                 European Championship football matches (for men) if the Austrian national team is involved, as well as the opening match, the semi-finals and the final of the football European Championship (for men);

                                 4.

                                 The final of the Austrian Football Cup;

                                 5.

                                 FIS World Alpine skiing championships;

                                 6.

                                 World Nordic skiing championships;

                                 7.

                                 The Vienna Philharmonic Orchestra's New Year Concert;

                                 8.

                                 The Vienna Opera Ball.

                     § 2.

                                 (1)

                                 Television broadcasters who have obtained exclusive broadcasting rights for the events mentioned in § 1 must ensure that these events can be viewed live and in their entirety on free-access television.

                                 (2)

                                 A recorded or partial version of the events in § 1 subparagraphs (1), (5), (6) and (8) may be broadcast if:

                                             1.

                                             parts of one of the events under § 1 or more than one of the events mentioned in § 1 take place at the same time; or

                                             2.

                                             the event has, in the past, not been broadcast in its entirety because of its length.

                     § 3.

                     This Ordinance shall enter into force on 1 October 2001.

               SCHÜSSEL — RIESS-PASSER — FERRERO-WALDNER — GEHRER — GRASSER — STRASSER — BÖHMDORFER — MOLTERER — HAUPT — FORSTINGER — BARTENSTEIN.’


Avis juridique important

|

31994D0830

94/830/EC: Council Decision of 20 December 1994 concerning the extension of the adaptations to the voluntary restraint agreements between the European Community and Argentina, Australia, Bulgaria, the Czech Republic, Hungary, New Zealand, Poland, the Slovak Republic and Uruguay on trade in mutton, lamb and goatmeat, live sheep and goats

Official Journal L 351 , 31/12/1994 P. 0018 - 0018 Finnish special edition: Chapter 3 Volume 65 P. 0156  Swedish special edition: Chapter 3 Volume 65 P. 0156

COUNCIL DECISION of 20 December 1994 concerning the extension of the adaptations to the voluntary restraint agreements between the European Community and Argentina, Australia, Bulgaria, the Czech Republic, Hungary, New Zealand, Poland, the Slovak  Republic and Uruguay on trade in mutton, lamb and goatmeat, live sheep and goats (94/830/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2) first sentence,  Having regard to the proposal from the Commission,  Whereas the voluntary restraint agreements between the European Community and Argentina, Australia, Bulgaria, the Czech Republic, Hungary, New Zealand, Poland, the Slovak Republic and Uruguay on trade in mutton, lamb and goatmeat, live sheep and goats  were adapted in 1989 and 1990 in the context of measures taken to stabilize the markets in this sector;  Whereas the said adaptations shall cease to have effect on 31 December 1994;  Whereas it is necessary to provide for interim arrangements for trade in the sheepmeat and goatmeat sectors pending the implementation for this sector of the access in the Uruguay Round of the General Agreement of Tariffs and Trade on 1 July 1995;  Whereas it is appropriate in these circumstances to extend the adaptations to the said voluntary restraint agreements for six months,  HAS DECIDED AS FOLLOWS:   Article 1  The Agreements in the form of exchanges of letters between the European Community and Argentina, Australia, Bulgaria, the Czech Republic, Hungary, New Zealand, Poland, the Slovak Republic and Uruguay concerning the extension of the  adaptations to the voluntary restraint agreements between the European Community and the abovementioned countries on trade in mutton, lamb and goatmeat, live sheep and goats are hereby approved on behalf of the European Community.  The text of the Agreements are attached to this Decision.   Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Agreements in order to bind the Community.   Article 3  This Decision shall be published in the Official Journal of the European Communities.  Done at Brussels, 20 December 1994.  For the Council The President J. BORCHERT


title: 2007/512/EC: Council Decision of 15 February 2007 on the signing, on behalf of the Community, and on the provisional application of the Arrangement between the European Community and the Republic of Iceland and the Kingdom of Norway on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union

text:
               20.7.2007

               EN

               Official Journal of the European Union

               L 188/15

         COUNCIL DECISION
   of 15 February 2007
   on the conclusion, on behalf of the Community, of an Arrangement between the European Community and the Republic of Iceland and the Kingdom of Norway on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union
   (2007/511/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(a) and Article 66 in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               According to Article 21(3) of Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (2), countries associated with the implementation, application and development of the Schengen acquis are to participate in the Agency. The modalities of their participation are to be determined in further arrangements to be concluded between the Community and those countries.

               (2)

               Following the authorisation given to the Commission on 7 October 2004, negotiations with the Republic of Iceland and the Kingdom of Norway for an Arrangement on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union have been concluded.

               (3)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Decision and is not bound by it, or subject to its application. Since this Decision builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark should, in accordance with Article 5 of the said Protocol, decide within a period of six months after the Council has adopted this Decision whether it will implement it in its national law or not.

               (4)

               This Decision constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (3). The United Kingdom is therefore not taking part in its adoption and is not bound by it, or subject to its application.

               (5)

               This Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
                   (4). Ireland is therefore not taking part in its adoption and is not bound by it, or subject to its application.

               (6)

               According to Council Decision 2007/512/EC (5), and pending its final conclusion at a later date, the Arrangement has been signed on behalf of the Community on 1 February 2007.

               (7)

               The Arrangement should be concluded,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Arrangement between the European Community and the Republic of Iceland and the Kingdom of Norway on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union is hereby approved on behalf of the Community.
   The text of the Arrangement is attached to this Decision (6).
   Article 2
   The President of the Council is hereby authorised to designate the person empowered to deposit on behalf of the Community the instrument of approval provided for in Article 9(1) of the Arrangement in order to express the consent of the Community to be bound.

      Done at Brussels, 15 February 2007.

            For the Council

            The President

         W. SCHÄUBLE

      (1)  Opinion of the European Parliament of 12 December 2006 (not yet published in the Official Journal).

      (2)  OJ L 349, 25.11.2004, p. 1.

      (3)  OJ L 131, 1.6.2000, p. 43.

      (4)  OJ L 64, 7.3.2002, p. 20.

      (5)  See page 17 of this Official Journal.

      (6)  See page 19 of this Official Journal.


Avis juridique important

|

32000D0154

2000/154/EC: Council Decision of 14 February 2000 appointing Austrian members and alternate members of the Committee of the Regions

Official Journal L 051 , 24/02/2000 P. 0023 - 0023

COUNCIL DECISIONof 14 February 2000appointing Austrian members and alternate members of the Committee of the Regions(2000/154/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 Council Decision of 26 January 1998(1) appointing the members and alternate members of the Committee of the Regions,Whereas:Seats as members of the Committee of the Regions have become vacant following the resignation of Mr Franz Romeder and Mr Josef Dechant and that seats as alternate members of the Committee of the Regions have become vacant following the resignation of Mr Günther Pumberger and Mr Anton Koczur, notified to the Council on 10 and 20 January and 3 February 2000 respectively.Having regard to the proposal from the Austrian Government,HAS DECIDED AS FOLLOWS:Sole Article1. Mr Günther Pumberger and Mr Anton Koczur are hereby appointed full members of the Committee of the Regions in place of Mr Franz Romeder and Mr Josef Dechant respectively for the remainder of their term of office, which runs until 25 January 2002.2. Mr Helmut Mödlhammer and Ms Elisabeth Heinzel-Schiel are hereby appointed alternate members of the Committee of the Regions in place of Mr Günther Pumberger and Mr Anton Koczur respectively for the remainder of their term of office, which runs until 25 January 2002.Done at Brussels, 14 February 2000.For the CouncilThe PresidentJ. GAMA(1) OJ L 28, 4.2.1998, p. 19.


Avis juridique important

|

31989D0331

89/331/EEC: Council Decision of 13 March 1989 on the conclusion of the Second Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community

Official Journal L 136 , 19/05/1989 P. 0013 - 0013

COUNCIL DECISION of 13 March 1989 on the conclusion of the Second Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway consequent on the accession of the Kingdom of Spain and the Portuguese  Republic to the Community(89/331/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community and in particular Article 113 thereof,  Having regard to the recommendation from the Commission,  Whereas, under Regulation (EEC) No 839/88(1), the collection of customs duties applicable by the Community of Ten to certain products imported from Spain and Portugal was totally supended once they fell to the level of 2 % or less;  Whereas it is necessary to conclude a Second Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway(2), signed in Brussels on 14 May 1973, in order to provide for the total suspension of duties on products  covered by the Agreement imported into Norway from Spain, when such duties fall to 2 % or less,   HAS DECIDED AS FOLLOWS:  Article 1  The Second Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community is hereby approved on behalf of the Community.  The text of the Protocol is attached to this Decision.  Article 2  The President of the Council shall give the notification provided for in Article 3 of the Protocol(3).  Article 3  This Decision shall enter into force on the day following its publication in the Official Journal of the European Communities.   Done at Brussels, 13 March 1989.  For the CouncilThe PresidentC. SOLCHAGA CATALAN  (1)OJ No L 87, 31. 3. 1988, p. 1.  (2)OJ No L 171, 27. 6. 1972, p. 2.  (3)The date of entry into force of the Protocol will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


Avis juridique important

|

31983D0519

83/519/EEC: Council Decision of 17 October 1983 adopting a research programme of the European Economic Community on forecasting and assessment in science and technology (FAST) 1983-1987

Official Journal L 293 , 25/10/1983 P. 0020 - 0022 Spanish special edition: Chapter 16 Volume 1 P. 0164  Portuguese special edition Chapter 16 Volume 1 P. 0164

*****COUNCIL  DECISION  of 17 October 1983  adopting a research programme of the European Economic Community on forecasting and assessment in science and technology (FAST) 1983-1987  (83/519/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 Article 2 of the Treaty assigns to the Community the task inter alia of promoting throughout the Community a harmonious development of economic activities, and a continuous and balanced expansion and an accelerated raising of the standard of living;  Whereas the mobilization of science and technology constitutes one of the possible mechanisms for stimulating a resumption of growth in the Member States;  Whereas, by its resolution of 14 January 1974 on the coordination of national policies and the definition of projects of interest to the Community in the field of science and technology (4), the Council entrusted to the Commission the task of defining actions of Community interest and of selecting the ways and means appropriate to the implementation of these actions;  Whereas research and development activities (R & D), integrated in an overall concept of social and economic policies, have become and of the essential strategic means for realizing the long-term objectives of the Member States and of the Community;  Whereas one of the instruments for the regular revision of the programme framework for Community R & D and the adjustment of its priorities in response to current and foreseeable developments is the analysis of possible long-term scientific, technological and socio-economic changes;  Whereas, by its Decision 78/668/EEC (5), the Council approved a research programme of the European Economic Community on forecasting and assessment in science and technology, designed to test, over a four-year period, the usefulness of such an activity for the selection of broad long-term directions for Community R & D; whereas this programme ends on 16 August 1983;  Whereas the results of the aforesaid programme, known as FAST, have demonstrated the inherent usefulness and particular need in these difficult times of reflective study on long-term scientific, technological and socio-economic developments in the Member States as a basis for the definition of long-term objectives and action priorities, particularly in science and technology;  Whereas the effective utilization at Community level of the results of significant forecasting and assessment activities in science and technology carried out in the Member States, by various new public and private research agencies among others, requires the reinforcement and multiplication of cooperative European networks;  Whereas the Treaty does not provide the specific powers of action required for the adoption of this Decision;  Whereas the Scientific and Technical Research Committee (CREST) has delivered its opinion on the Commission's proposal,  HAS DECIDED AS FOLLOWS:  Article 1  A second research programme of the European Economic Community on forecasting and assessment in science and technology, FAST, as defined in the Annex, is hereby adopted. The duration of the programme shall be from 17 August 1983 to 31 December 1987.  Article 2  The funds estimated as necessary for the execution of the programme shall be 8,5 million ECU including expenditure on a staff of 12. In addition, Member States will be invited to second visiting fellows to the FAST unit up to 20 men/year for the whole duration of the programme under the conditions defined in the Annex.  Article 3  The Commission shall be responsible for the implementation of the programme. It shall be assisted in this task by an Advisory Committee on Programme Management to be set up by the Commission.  Article 4  The Commission shall inform the Council and the European Parliament by two interim reports (mid-1985 and at end of 1986) on the state of progress of the research activities.  The Commission shall arrange for the results of the programme to be evaluated by an independent group, and shall make a report to the Council and to the European Parliament at the end of the programme.  Article 5  The dissemination of information resulting from the execution of the programme shall be in conformity with Regulation (EEC) No 2380/74 (1).  Done at Luxembourg, 17 October 1983.  For the Council  The President  G. VARFIS  (1) OJ No C 89, 31. 3. 1983, p. 9.  (2) OJ No C 184, 11. 7. 1983, p. 147.  (3) OJ No C 211, 8. 8. 1983, p. 9.  (4) OJ No C 7, 29. 1. 1974, p. 2.  (5) OJ No L 225, 16. 8. 1978, p. 38.  (1) OJ No L 255, 20. 9. 1974, p. 1.  ANNEX  1. The main aim of the FAST research programme is the analysis of scientific and technological changes in order to highlight their long-term implications and consequences for the Community's R & D and other policies over the next five, seven and/or 10 years and to propose timely policy options.  2. The activity will concentrate on three main fields of investigation:  1. New forms of 'growth' for Europe  1.1. Technology, employment and work  1.2. Integrated development of renewable natural resources  2. New strategic industrial systems  2.1. Communication  2.2. Food  3. Transformation of service activities and technological change  3. To achieve the aim defined in point 1, the programme has two principal tasks in the three areas envisaged in point 2:  (a) to highlight the prospects, problems and potential conflicts which may affect the long-term development of the Community, and hence to propose new long-term orientations for Community action, particularly in the field of science and technology;  (b) to make use of long-term research studies undertaken within the Member States.  4. The execution of these tasks will be mainly through the following modes of action:  - development of the activity of the programme on the basis of a network of some 10 national research units identified in cooperation with the Member States. The form and functioning of these networks will be defined with these units,  - association of Community centres or research teams with capability in the analysis of technological change with the execution of the scientific work of the programme,  - promotion of ad hoc networks for information and collaboration at Community level. These networks to be as flexible and informal as possible. The participation of representatives of industry, labour and associated movements is to be sought,  - secondment to the programme by Community and national institutions (governmental, academic or professional) of visiting fellows.  By 'visiting fellow' is meant a person who is seconded to the Commission of the European Communities to work as a member of the FAST unit for a limited period of time. A visiting fellow may be:  (i) a civil servant professionally involved with the analysis of long-term problems and prospects, particularly in the fields of science and technology;  (ii) a senior university researcher or professor of outstanding competence in a particular area of science and technology;  (iii) a junior researcher beginning his career or preparing his Ph. D or engaged in post-doctoral specialization.  In the cases referred to in (i) and (ii), Community rules adopted by the Commission on 19 January and 23 December 1976 as regards covering the costs associated with the secondment of national experts to the Commission services (category XI, item I, heading No 11.73 of the research programme budget) will be applied.  In the case referred to in (iii), special grants made available by the Commission to enable scientists and engineers at various levels of training to collaborate in the implementation of the different Community research programmes and to acquire specialist knowledge in the fields covered by these programmes will be granted.


title: 2004/756/EC: Council Decision of 4 October 2004 concerning the conclusion of an Agreement renewing the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America

text:
               11.11.2004

               EN

               Official Journal of the European Union

               L 335/5

         COUNCIL DECISION
   of 4 October 2004
   concerning the conclusion of an Agreement renewing the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America
   (2004/756/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular the second paragraph of Article 170, in conjunction with the first sentence of the first subparagraph of Article 300(2), and the first subparagraph of Article 300(3),
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               By its Decision of 13 October 1998 (2), the Council approved the conclusion of the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America.

               (2)

               Article 12(b) of the Agreement provides as follows: ‘This Agreement is concluded for an initial period ending of five years. Subject to review by the Parties in the final year of each successive period, the Agreement may be extended with possible amendments, thereafter for additional periods of five years by mutual written agreement by the Parties’.

               (3)

               The authorities of the United States of America have informed the services of the Commission that they would favour the renewal of the abovementioned Agreement for five more years. Rapid renewal would therefore be in the best interests of both parties.

               (4)

               The material content of the renewed Agreement will be identical to the material content of the Agreement, which expired on 13 October 2003.

               (5)

               The Agreement renewing the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America should be approved on behalf of the Community,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement renewing the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America for an additional period of five years 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 authorised to designate the person empowered to sign the Agreement in order to express the consent of the Community to be bound thereby.

      Done at Luxembourg, 4 October 2004.

            For the Council

             The President

         A. J. DE GEUS

      (1)  Opinion delivered on 16 December 2003 (not yet published in the Official Journal).

      (2)  OJ L 284, 22.10.1998, p. 35.
   AGREEMENT
   Renewing the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America
   THE EUROPEAN COMMUNITY (hereinafter the Community),
   of the one part, and
   THE GOVERNMENT OF THE UNITED STATES OF AMERICA,
   of the other part,
   hereinafter referred to as the ‘Parties’,
   CONSIDERING the importance of science and technology for their economic and social development,
   RECOGNISING that the Community and the United States of America are pursuing research and technological activities in a number of areas of common interest, and that participation in each other's research and development activities on a basis of reciprocity will provide mutual benefits,
   HAVING REGARD to the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America, which was signed in Washington on 5 December 1997 and which will expire on 13 October 2003,
   DESIRING to pursue their cooperation in science and technology in the formal framework established by the Agreement,
   HAVE AGREED AS FOLLOWS:
   Article 1
   The Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America, which was signed in Washington on 5 December 1997 and will expire on 13 October 2003, is hereby renewed for an additional period of five years.
   Article 2
   This Agreement shall enter into force on the date on which the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
   Article 3
   This Agreement is drawn up in duplicate in the Danish, Dutch, English, Finnish, French, German, Greek, Italian, Portuguese, Spanish and Swedish languages, each of these texts being equally authentic.

            For the European Community

         For the Government of the United States of America


title: 2014/55/EU: Decision of the European Central Bank of 27 December 2013 amending Decision ECB/2010/21 on the annual accounts of the European Central Bank (ECB/2013/52)

text:
               4.2.2014

               EN

               Official Journal of the European Union

               L 33/7

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 27 December 2013
   amending Decision ECB/2010/21 on the annual accounts of the European Central Bank
   (ECB/2013/52)
   (2014/55/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, and in particular Article 26.2 thereof,
   Whereas:

               (1)

               Decision ECB/2010/21 (1) lays down the rules for drawing up the annual accounts of the European Central Bank (ECB).

               (2)

               Article 24 of Decision ECB/2010/21 stipulates that if a specific accounting treatment is not laid down in Decision ECB/2010/21 and in the absence of a decision to the contrary of the Governing Council, the ECB shall follow valuation principles in accordance with the International Accounting Standards (IAS) as adopted by the European Union, which are relevant to the ECB’s activities and accounts.

               (3)

               The ECB applies IAS 19 Employee Benefits for recognising actuarial gains and losses of post-employment benefits under the ‘corridor’ approach.

               (4)

               IAS 19 was revised and is effective for annual periods beginning on or after 1 January 2013. Under the revised IAS 19, the ‘corridor’ approach has been eliminated.

               (5)

               Annex I to Decision ECB/2010/21 should be amended to provide for the reporting of remeasurement results of the net defined benefit liability (asset) in respect of post-employment benefits on the liability side of the ECB’s balance sheet under item 14 ‘Revaluation accounts’.

               (6)

               Decision ECB/2010/21 should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Amendment
   Annex I to Decision ECB/2010/21 is amended in accordance with the Annex to this Decision.
   Article 2
   Entry into force
   This Decision shall enter into force on 30 December 2013.

      Done at Frankfurt am Main, 27 December 2013.

            The President of the ECB

         Mario DRAGHI

      (1)  Decision ECB/2010/21 of 11 November 2010 on the annual accounts of the European Central Bank (OJ L 35, 9.2.2011, p. 1).

      ANNEX
      Annex I to Decision ECB/2010/21 is amended as follows:

                  1.

                  in the table headed ‘Liabilities’, in relation to balance sheet item 14 (Revaluation accounts), the column headed ‘Categorisation of contents of balance sheet items’ is replaced by the following:

                              ‘(a)

                              Revaluation accounts related to price movements for gold, for every type of euro-denominated securities, for every type of foreign currency-denominated securities, for options; market valuation differences related to interest rate risk derivatives; revaluation accounts related to foreign exchange rate movements for every currency net position held, including foreign exchange swaps/forwards and SDRs
                              Special revaluation accounts stemming from contributions in accordance with Article 48.2 of the Statute of the ESCB with respect to central banks of Member States whose derogations have been abrogated. See Article 13(2)

                              (b)

                              Remeasurement results of the net defined benefit liability (asset) in respect of post-employment benefits, which are the net position of the following sub-items:

                                          (i)

                                          Actuarial gains and losses in the present value of the defined benefit obligation

                                          (ii)

                                          Return on plan assets, excluding amounts included in net interest on the net defined benefit liability (asset)

                                          (iii)

                                          Any change in the effect of the asset ceiling, excluding amounts included in net interest on the net defined benefit liability (asset)’;

                  2.

                  in the table headed ‘Liabilities’, in relation to balance sheet item 14 (Revaluation accounts), the column headed ‘Valuation principle’ is replaced by the following:

                              ‘(a)

                              Revaluation difference between average cost and market value, foreign exchange translated at market rate

                              (b)

                              As per Article 24(2)’.


title: Decision of the Management Board of Europol of 9 April 2009 agreeing to the conditions and procedures laid down by Europol adapting the amounts mentioned in the Appendix to the Decision of the Europol Management Board of 16 November 1999 regarding taxes applicable to salaries and emoluments paid to Europol staff members for the benefit of Europol

text:
               25.4.2009

               EN

               Official Journal of the European Union

               L 105/18

      DECISION OF THE MANAGEMENT BOARD OF EUROPOL

   of 9 April 2009
   agreeing to the conditions and procedures laid down by Europol adapting the amounts mentioned in the Appendix to the Decision of the Europol Management Board of 16 November 1999 regarding taxes applicable to salaries and emoluments paid to Europol staff members for the benefit of Europol
   (2009/346/EC)
   THE MANAGEMENT BOARD OF EUROPOL,
   Having regard to the Protocol drawn up on the basis of Article K.3 of the Treaty on European Union and Article 41(3) of the Europol Convention, on the privileges and immunities of Europol, the members of its organs, the deputy directors and employees of Europol (1), and in particular Article 10 thereof,
   Whereas:

               (1)

               The Council decided on 6 April 2009 to adapt the salaries and emoluments for Europol officials with 1,7 % with retroactive effect as of 1 July 2007.

               (2)

               The Management Board decided on 9 April 2009 to effect an increase in the amounts mentioned in Article 4 of the Appendix to the Decision of the Management Board of 16 November 1999 (2) by the same percentage and as of the same date as determined by the Council Decision of 6 April 2009 mentioned under point 1.

               (3)

               In accordance with the same decision of the Management Board of 9 April 2009, the values thus established should be published in the Official Journal of the European Union,

         HAS DECIDED AS FOLLOWS:
   Article 1
   With effect from 1 July 2007:

               1.

               the value mentioned in the first sentence of Article 4 of the Appendix to the Decision of the Europol Management Board of 16 November 1999 shall be replaced by EUR 115,61;

               2.

               the values in euro units of the table included in Article 4 of the Appendix to the Decision of the Europol Management Board of 16 November 1999 shall be replaced by the following:

                           8 % to amounts between EUR 115,61 and EUR 2 036,45

                           10 % to amounts between EUR 2 036,46 and EUR 2 804,90

                           12,5 % to amounts between EUR 2 804,91 and EUR 3 214,56

                           15 % to amounts between EUR 3 214,57 and EUR 3 650,62

                           17,5 % to amounts between EUR 3 650,63 and EUR 4 060,32

                           20 % to amounts between EUR 4 060,33 and EUR 4 457,42

                           22,5 % to amounts between EUR 4 457,43 and EUR 4 867,09

                           25 % to amounts between EUR 4 867,10 and EUR 5 264,21

                           27,5 % to amounts between EUR 5 264,22 and EUR 5 673,87

                           30 % to amounts between EUR 5 673,88 and EUR 6 070,99

                           32,5 % to amounts between EUR 6 071,00 and EUR 6 480,66

                           35 % to amounts between EUR 6 480,67 and EUR 6 878,40

                           40 % to amounts between EUR 6 878,41 and EUR 7 288,09

                           45 % to amounts above EUR 7 288,10.

         Article 2
   This Decision shall be published in the Official Journal of the European Union.
   Article 3
   This Decision shall enter into force the day following its adoption.

      Done at The Hague, 9 April 2009.

         Viktor ČECH

            Chairman of the Management Board

      (1)  OJ C 221, 19.7.1997, p. 2.

      (2)  OJ C 65, 28.2.2001, p. 6.