title: Commission Decision (EU) 2015/667 of 4 February 2015 on State aid SA.14551 (2013/C) implemented by France resulting from the change to the conditions for aid granted to time charterers under the tonnage tax scheme (notified under document number C(2015) 434) (Text with EEA relevance)

text:
               29.4.2015

               EN

               Official Journal of the European Union

               L 110/15

         COMMISSION DECISION (EU) 2015/667
   of 4 February 2015
   on State aid SA.14551 (2013/C) implemented by France resulting from the change to the conditions for aid granted to time charterers under the tonnage tax scheme

         (notified under document number C(2015) 434)

   (Only the French text is authentic)
   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 108(2) thereof,
   Having regard to the Agreement on the European Economic Area, and in particular Article 62(1)(a) thereof,
   Having called on interested parties to submit their comments pursuant to those articles (1), and having regard to their comments,
   Whereas:
   1.   PROCEDURE

               (1)

               By letter dated 6 November 2013, the Commission informed France of its decision to initiate the procedure laid down in Article 108(2) of the Treaty on the Functioning of the European Union (TFEU) on the aid granted to time charterers under the tonnage tax scheme. The Commission's decision to initiate the procedure (the ‘opening decision’) was published in the Official Journal of the European Union
                   (2). The Commission called on interested parties to submit their comments on the aid in question.

               (2)

               The French authorities sent their comments and their replies to the questions set out in the opening decision by letters dated 28 April, 14 May and 28 November 2014. A meeting with the French authorities was held on 20 October 2014 in Brussels.

               (3)

               The third parties (Armateurs de France and the European Community Shipowners' Association, ECSA) submitted comments within the deadlines provided for in the opening decision. By letter dated 20 March 2014, the Commission forwarded these comments to the French authorities. By letter dated 28 April 2014, France took note of the comments by the third parties.

         2.   FACTS

               (4)

               The French tonnage tax scheme, as authorised by the Commission in 2003 on the basis of the 1997 Community guidelines on State aid to maritime transport (the ‘1997 Guidelines’) (3), did not impose any general condition relating to the flag of vessels in the fleet operated by the shipowners benefiting from the scheme.

               (5)

               However, eligibility under the scheme for activities engaged in by time-chartered vessels (4) was subject to a specific limitation concerning the percentage of net tonnage of the fleet accounted for by non-Community-flagged vessels. Under recital 35 of Commission Decision C(2003) 1476fin of 13 May 2003 authorising the French tonnage tax scheme (5), the activities engaged in by time-chartered vessels not flying the flag of a Member State of the European Union were eligible only up to 75 % of the net tonnage of the fleet operated by the company. Furthermore, recital 36 of that Decision laid down that the limit did not apply to vessels flying the flag of a Member State where their strategic and commercial management was necessarily carried out from the territory of a Member State.

               (6)

               Following the adoption of the 2004 Community guidelines on State aid to maritime transport (the ‘2004 Guidelines’) (6), by the Finance (Amendment) Act for 2005 (Law No 2005-1720 of 30 December 2005), France introduced a general rule on the flag flown and abolished the specific rule applying to time-chartered vessels.

               (7)

               The general thrust of the measure is described as follows in administrative instruction 4-H-3-08, published in the Bulletin officiel des impôts (BOI) No 41 of 11 April 2008:
               ‘Article 47 of the Finance (Amendment) Act for 2005 (Law No 2005-1720 of 30 December 2005) brought the optional tonnage tax scheme laid down in Article 209-0 B of the General Tax Code (code général des impôts) into line with the new Community guidelines on State aid to maritime transport published in the Official Journal of the European Union on 17 January 2004.
               Eligibility under the scheme is now conditional on the shipping companies which have opted into the scheme undertaking to maintain or increase the share of their fleet flying the flag of a Member State of the European Community during the period of application of the scheme …’

               (8)

               With regard to the eligibility of time-chartered vessels, administrative instruction 4-H-3-08 stipulates that:
               ‘… the condition in the last paragraph of Article 209-0 B(I) [of the General Tax Code] excluding time-chartered vessels flying the flag of a State which is not a member of the European Community from eligibility under the scheme if they account for more than 75 % of the net tonnage of the fleet concerned is deleted.’ (7)

               ‘Time-chartered merchant ships flying the flag of a State which is not a member of the European Community are therefore eligible for the tonnage tax scheme, even if they account for more than 75 % of the net tonnage of the fleet operated by the company.
               In other words, eligible time-chartered vessels flying the flag of a State which is not a member of the European Community qualify for the tonnage tax scheme without restriction, provided that the commitment set out above is complied with …’
                (8)

         3.   GROUNDS FOR INITIATING THE FORMAL INVESTIGATION PROCEDURE

               (9)

               In the opening decision, the Commission doubted whether the change to the tonnage tax scheme introduced in 2005 was compatible with the internal market.

               (10)

               The Commission considered that the removal of the limit concerning the eligibility of activities engaged in by time-chartered vessels not flying the flag of a Member State was a measure introducing new aid, since it was not in line with Decision C(2003) 1476fin authorising the French tonnage tax scheme and France had not notified it to the Commission.

               (11)

               The Commission took the view that continuing to apply a limit on the eligibility of activities engaged in by time-chartered ships not flying the flag of a Member State was justified in terms of achieving the objectives of the 1997 and 2004 Community Guidelines.

         4.   COMMENTS AND COMMITMENTS BY FRANCE

               (12)

               First of all, the French authorities confirmed that the wording of Article 209-0 B of the General Tax Code resulting from Article 19 of the Finance (Amendment) Act for 2002 (Law No 2002-1576 of 30 December 2002) made the application of the tonnage tax scheme conditional on compliance with an upper eligibility threshold of 75 % of the net tonnage of the fleet operated by the company for time-chartered vessels not flying the flag of a Member State of the European Community (9). This share was approved by the Commission in recital 35 of Decision C(2003) 1476fin (10).

               (13)

               The detailed data gathered by the French Directorate for Tax Law confirm that the percentage of non-Community flagged time-chartered vessels in relation to the total tonnage operated by the company is complied with by each company and for every year since the company opted for the scheme. The companies listed in the summary tables sent to the Commission represent not only all the member companies of the Armateurs de France association having opted for the tonnage tax scheme (11), but also the vessels of the shipping companies operating public ferry services (12). The remaining 15 % belongs to companies which have not opted for the tonnage tax scheme and which are not members of any shipowners' grouping (mainly SNCM and CMN). The data provided show that, from the introduction of tonnage tax in 2003 until 2014, no beneficiary exceeded the threshold in question. The highest share recently recorded was 41 %, which is well below the threshold authorised in 2003.

               (14)

               In none of the companies in question did the share exceed the threshold of 75 % during a year covered by the opt-in to the tonnage tax scheme.

               (15)

               Furthermore, all the current beneficiaries operate at least 25 % of the net tonnage of their fleet under the flag of a Member State of the Union or of a State that is party to the EEA Agreement (hereinafter: ‘European flag’). Since the beneficiaries of the scheme are under an obligation to maintain or increase the share of their fleet under the European flag, no more than 75 % of the net tonnage of their fleet could ever comprise time-chartered vessels not flying the European flag. Accordingly, they will always comply with the conditions of Decision C(2003) 1476fin.

               (16)

               However, in their exchanges with the Commission, the French authorities acknowledged that French legislation as it stands does not lay down any legal obligations ensuring that the beneficiary companies operating time-chartered vessels will always make a sufficient contribution to the objectives of the 2004 Guidelines. In particular, for new entrants, there are no specific fleet obligations, in terms of either flag or minimum own shipping activities.

               (17)

               To remedy this situation, the French authorities have given a commitment that, with effect from the 2015 tax year (13), the tonnage tax scheme option will apply only on condition that the company operates at least 25 % of the net tonnage of its fleet under the European flag, and that it undertakes to maintain or increase this share during the 10 years that the option is valid. In the case of a tax-integrated group, this commitment will be assessed by reference to the total net tonnage of all the companies in the tax group.

         5.   COMMENTS BY THIRD PARTIES

   5.1.   Comments by Armateurs de France

               (18)

               Armateurs de France (AdF) is the trade association representing shipping and maritime services companies.

               (19)

               AdF points out that the original French system notified by France was approved by the Commission in 2003 on the basis of the 1997 Guidelines.

               (20)

               The 2003 French scheme provided that the activities engaged in by time-chartered vessels flying the flag of a third country were eligible only up to 75 % of the net tonnage of the fleet. In other words, it was agreed that the percentage of non-Community-flagged time-chartered vessels should not exceed 75 % of the total tonnage operated by the company.

               (21)

               In 2004, after France had notified the scheme, the 1997 Guidelines were replaced and clarified. The 2004 Guidelines have similar objectives, in particular ‘encouraging the flagging or re-flagging to Member States’ registers' and ‘maintaining and improving maritime know-how and protecting and promoting employment for European seafarers’.

               (22)

               It is with the aim of complying with the new guidelines that France decided to substitute a new criterion for the 75 % threshold. The new criterion, which consists in ‘maintaining or … increasing the level of the fleet flying the flag of a Member State’, offered a greater guarantee in terms of maintaining and promoting Community jobs than the limitation applicable to non-Community-flagged time-chartered vessels.

               (23)

               Since the French rules simply repeat the wording of the 2004 Guidelines, no incompatibility could therefore be suspected. Accordingly, this raises the principles of legal certainty and legitimate expectation.

               (24)

               Given the formal investigation under way, the members of Armateurs de France have checked whether the 75 % threshold was complied with from the outset and throughout the period since 2003.

               (25)

               This check revealed that the percentage, year on year and company by company, of non-Community-flagged time-chartered vessels in relation to the total tonnage operated does not exceed the initial share of 75 % authorised in 2003, despite the change to the French rules. The obligation to maintain or increase the Community-flagged fleet has led in practice to the same result as the former criterion and may therefore be considered sufficiently virtuous in itself.

               (26)

               The French criteria as they exist today, in particular that of ‘maintaining or … increasing the level of the fleet flying the flag of a Member State’, are fully in line with the objectives set by the 2004 Guidelines.

         5.2.   Comments by the European Community Shipowners' Association (ECSA)

               (27)

               First, ECSA stresses that time chartering is one of the key mechanisms at the disposal of shipping companies. The commercial and operational management of the vessel is assigned to the charterer for an agreed period of time, while leaving ownership and the remaining management of the vessel in the hands of the shipowner. This provides shipping companies with a degree of flexibility to accommodate their customers' needs optimally and hence to secure their position globally. The flexibility created by time-chartering has enabled European shipping companies to gain market share at a fairly rapid pace.

               (28)

               The most important factor in the shipping sector is direct employment ashore associated with the commercial and operational management of vessels and, indirectly, the retention and attraction of shipping companies. Over recent decades, European shipowners have a proven track record of excellent management and operational abilities. High-level employment and skills have thus been developed and maintained in European companies by chartering tonnage, regardless of flag.

               (29)

               ECSA is of the view that the changes that France made to its tonnage tax regime in 2005 met the objectives of the 2004 Guidelines. Insisting on formally reintroducing the restriction for non-EU-flagged time-chartered vessels would deprive European shipping companies of the flexibility necessary to meet their customers' demands adequately and optimally and to secure their market position globally.

               (30)

               However, if the Commission were to insist on shipping companies owning and operating a certain percentage of merchant vessels in order to qualify for tonnage tax, ECSA believes that the Commission should allow European shipping companies to operate up to 10 dwt (14) chartered tonnage for every 1 dwt owned or bareboat-chartered-in tonnage under tonnage tax schemes. Application of the above proportion must not be subject to criteria such as the Community registry.

               (31)

               In conclusion, the Community guidelines should remain a flexible framework. They must enable Member States to adopt appropriate measures in support of their fleet in accordance with their specific needs, provided that the contribution to the objectives of the Guidelines is assured. ECSA believes that the European shipping companies that operate vessels on a time-charter basis do meet these aims as well, whether or not the vessels fly the flag of a Member State.

         6.   COMMENTS BY FRANCE ON THE COMMENTS BY INTERESTED PARTIES

               (32)

               By letter dated 28 April 2014, France took note of the comments by the third parties.

         7.   ASSESSMENT OF THE MEASURES

   7.1.   Existence of aid within the meaning of Article 107(1) TFEU

               (33)

               Decision C(2003) 1476fin recognised the French tonnage tax scheme as an aid scheme.

               (34)

               The reasons that led the Commission to conclude that the tonnage tax scheme did constitute state aid within the meaning of Article 107(1) TFEU remain valid. In particular, the tonnage tax scheme is an optional scheme that derogates from the rules applicable to the calculation of corporation tax by conferring on certain companies — shipping companies — the economic advantage linked to a reduced tax base, which as a rule results in lower taxation of their income. Shipping companies engage in their activities in markets subject to intense international competition, so the advantages linked to tonnage tax are likely to lead to distortions of competition and affect trade between States party to the EEA Agreement.

               (35)

               The removal of the limitation concerning the eligibility of the activities carried out on non-EU-flagged time-chartered vessels is a measure introducing new aid implemented without prior notification to the Commission, contrary to Article 108(3) TFEU. It is new aid because it does not comply with Decision C(2003) 1476fin authorising the French tonnage tax scheme and France has not notified it to the Commission. Contrary to AdF's assertions (15), the removal of this limitation cannot be considered an appropriate measure amending the French tonnage tax scheme to comply with the 2004 Guidelines (16), because the removal is incompatible with the objectives of the 2004 Guidelines, as explained in section 7.2 of this Decision. Accordingly, the removal of the limitation concerning the eligibility of activities engaged in on non-EU-flagged time-chartered vessels cannot be part of existing aid within the meaning of point 13 of the 2004 Guidelines (17).

         7.2.   Compatibility with the internal market pursuant to Article 107(3) TFEU

               (36)

               The conditions for the application of Article 107(3)(c) TFEU in the field of maritime transport were clarified in the 2004 Guidelines. The compatibility of the measure which is the subject of this Decision must therefore be assessed on the basis of the 2004 Guidelines.

               (37)

               The 2004 Guidelines, like the 1997 Guidelines, do not provide for an explicit restriction on the inclusion of time-chartered vessels in tonnage tax schemes. None the less, in previous decisions (18), the Commission has still considered that time-charterers qualifying for a tonnage tax scheme must contribute either to the objective of flagging to Member States' registers or to the objective of maintaining and improving maritime know-how by carrying out the nautical management of a certain percentage of their fleet. No company may benefit from a tonnage tax scheme without contributing to the key objectives of the 2004 Guidelines.

               (38)

               In the light of the statistical data provided by the French authorities, the Commission notes that, despite the fact that the limitations applicable to time-chartered vessels were removed in 2005, the beneficiaries of the French tonnage tax scheme made a sufficient contribution to the above objectives because the percentage of non-Community-flagged time-chartered vessels does not exceed 41 % of the total tonnage operated by the beneficiary companies. This result has been achieved either by a high rate of EU/EEA-flagged vessels, or by the nautical management of a certain percentage of the fleet (or a combination of the two).

               (39)

               Furthermore, the Commission notes that, according to the French authorities, all the current beneficiaries operate at least 25 % of the net tonnage of their fleet under a European flag. The Commission also notes that the good performance of the French shipping sector in terms of the use of European flags is also confirmed by external studies, for example the study published by Oxford Economics in 2014, The economic value of the EU shipping industry. According to this study, the percentage of tonnage under the French flag is well above 25 % of the tonnage in operation (19). Since the beneficiaries of the scheme are under an obligation to maintain or increase the level of their fleet under a European flag, it is not possible for more than 75 % of the net tonnage of their fleet to be composed of time-chartered vessels not flying a European flag.

               (40)

               However, the Commission must point out that the French legislation as it stands does not lay down any legal obligations ensuring that the beneficiary companies operating time-chartered vessels will always make a sufficient contribution to the objectives of the 2004 Guidelines. In particular, there are no specific fleet obligations for new entrants, in terms either of the flag or of their own minimum nautical management.

               (41)

               On this basis, the Commission concludes that the French legislation as it stands does not contain the necessary guarantees and cannot, therefore, be considered compatible with the 2004 Guidelines.

               (42)

               In this context, the Commission notes the commitment by France to remedy the situation by introducing as a condition for opting into the flat-rate tax scheme the obligation for the company to operate a minimum percentage of vessels under a European flag. This percentage will be set at 25 % of the net tonnage of the fleet from the 2015 tax year and must be complied with throughout the 10 years covered by the option for tonnage tax.

               (43)

               This condition is as strict as the condition set out in the initial decision C(2003) 1476fin authorising the French tonnage tax scheme. Given the objectives of the 2004 Guidelines, in particular the need for the beneficiaries to contribute either to the objective of flagging to Member States' registers or to the objective of maintaining and improving maritime know-how by carrying out the nautical management of a certain percentage of their fleet, the Commission considers that the commitment by France is sufficient. Through this commitment, new entrants to the tonnage tax scheme also contribute to the objective of flagging to Member States' registers.

         7.3.   Conclusion

               (44)

               The Commission finds that in 2005, in breach of Article 108(3) TFEU, France unlawfully implemented the amendment to the French legislation on tonnage tax in relation to time-chartered vessels.

               (45)

               This amendment is incompatible with the TFEU in that it does not ensure that new entrants to the tonnage tax scheme make a sufficient contribution to the objectives of the 2004 Guidelines because they do not have a legal obligation in terms of fleet flagging or in terms of their own minimum shipping activities.

               (46)

               As agreed with the French authorities, the existing formal rules must be adjusted to ensure that, in future, only companies with at least 25 % of their tonnage flying a European flag may enter the tonnage tax scheme. The beneficiaries of the tonnage tax scheme will therefore contribute to the objectives of the 2004 Guidelines, even though their entire fleet is time-chartered.

               (47)

               Since all the current beneficiaries already comply with the above threshold and already have the obligation to maintain or increase the percentage of their fleet flying a European flag, there is no need to recover the aid,

         HAS ADOPTED THIS DECISION:
   Article 1
   The amendment to the tonnage tax scheme implemented unlawfully by France in 2005, in breach of Article 108(3) of the Treaty on the Functioning of the European Union, is incompatible with the internal market in relation to the rules applicable to time-chartered vessels.
   Article 2
   France shall amend the legislation applicable to the tonnage tax scheme with effect from the 2015 tax year in accordance with the commitment that it has given, under which the beneficiaries of the tonnage tax scheme, on entering the scheme, must have at least 25 % of their fleet under the flag of a Member State of the Union or of a State party to the EEA Agreement, and subsequently maintain or increase this proportion.
   Article 3
   France shall inform the Commission of the adoption of the legislative amendments referred to in Article 2.
   Article 4
   This Decision is addressed to the French Republic.

      Done at Brussels, 4 February 2015.

            For the Commission

         Margrethe VESTAGER

            Member of the Commission

      (1)  OJ C 380, 28.12.2013, p. 29.

      (2)  See footnote 1.

      (3)  OJ C 205, 5.7.1997, p. 5.

      (4)  A time charter is a contract under which the shipowner provides a fitted-out, equipped vessel with a full crew to the charterer for a period of time specified by the charter agreement, in return for a charge. The charterer carries out the commercial management of the vessel, while the shipowner retains responsibility for nautical management.

      (5)  Commission Decision of 13 May 2003 on State aid N 737/02 on the French scheme imposing a lump sum on the basis of tonnage for the benefit of shipping companies (OJ C 38, 12.2.2004, p. 5).

      (6)  OJ C 13, 17.1.2004, p. 3. See point 3.1, seventh paragraph.

      (7)  No 1, fourth paragraph, of administrative instruction 4-H-3-08.

      (8)  No 22, second and third paragraphs, of administrative instruction 4-H-3-08. ‘The commitment set out above’ is the commitment by the shipping companies to maintain or increase the share of their fleet flying the flag of a Member State of the European Community during the period of application of the scheme.

      (9)  The third paragraph of Article 209-0 B(I) of the General Tax Code specifies that ‘time-chartered vessels not flying the flag of a Member State of the European Community may not qualify for the scheme if they account for more than 75 % of the net tonnage of the fleet operated by the company’.

      (10)  Recital 35 of Decision C(2003) 1476fin: ‘Therefore, activities engaged in by time-chartered vessels not flying the flag of a Member State of the European Community may qualify for the scheme imposing flat-rate taxation on the basis of tonnage only if they account for a maximum of 75 % of the net tonnage of the fleet operated by the company’.

      (11)  Members of the Armateurs de France association account for 80 % of the tonnage operated by French shipowners.

      (12)  The latter account for 5 % of the total tonnage of French shipowners.

      (13)  The French tonnage tax scheme laid down by Article 209-0 В of the General Tax Code was amended by Article 75 of the Second Finance (Amendment) Act for 2014 (Law No 2014-1655 of 29 December 2014). The new condition will apply to companies which exercise the option in relation to a financial year closed after 27 November 2014.

      (14)  Deadweight tonnage.

      (15)  See recitals (21) to (23) of this Decision.

      (16)  See point 13 of the 2004 Guidelines.

      (17)  Contrary to the criterion of ‘maintaining or … increasing the level of the fleet flying the flag of a Member State’, which was implemented to comply with the 2004 Guidelines.

      (18)  See, for example, the initial decision C(2003) 1476fin and Commission Decision 2009/626/EC of 25 February 2009 on the Aid Scheme C 2/08 (ex N 572/07) on the amendment to the maritime tonnage tax system which Ireland is planning to implement (OJ L 228, 1.9.2009, p. 20). See also the opening decision, recitals 24 to 26.

      (19)  See, for example, Figures 2.3d and 2.4b in the study (http://www.oxfordeconomics.com/my-oxford/projects/272456).


title: Decision of the European Central Bank of 22 April 2004 amending Decision ECB/2001/15 of 6 December 2001 on the issue of euro banknotes (ECB/2004/9)

text:
               9.6.2004

               EN

               Official Journal of the European Union

               L 205/17

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 22 April 2004
   amending Decision ECB/2001/15 of 6 December 2001 on the issue of euro banknotes
   (ECB/2004/9)
   (2004/506/EC)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty establishing the European Community and in particular Article 106(1) thereof, and to the Statute of the European System of Central Banks and of the European Central Bank and in particular Article 16 thereof,
   Having regard to Decision ECB/2001/15 of 6 December 2001 on the issue of euro banknotes (1),
   Whereas:

               (1)

               In view of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union and their respective national central banks becoming part of the European System of Central Banks (ESCB) on 1 May 2004, Decision ECB/2004/5 of 22 April 2004 on the national central banks' percentage shares in the key for subscription to the European Central Bank’s capital (2) lays down with effect from 1 May 2004 the new weightings assigned to the national central banks (NCBs) in the key for subscription to the European Central Bank’s (ECB’s) capital.

               (2)

               Article 1(d) of Decision ECB/2001/15 defines the ‘banknote allocation key’ by reference to the Annex to Decision ECB/2001/15, which specifies the key applying from 1 January 2004. Decision ECB/2001/15 needs to be amended accordingly in order to determine the banknote allocation key applying from 1 May 2004,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Amendment to Decision ECB/2001/15
   Decision ECB/2001/15 is amended as follows:

               1.

               the final sentence of Article 1(d) is replaced by the following:
               ‘The Annex to this Decision specifies the banknote allocation key applying from 1 May 2004.’;

               2.

               the Annex to Decision ECB/2001/15 is replaced by the text set out in the Annex to this Decision.

         Article 2
   Final provision
   This Decision shall enter into force on 1 May 2004.

      Done at Frankfurt am Main, 22 April 2004.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 337, 20.12.2001, p. 52. Decision as amended by Decision ECB/2003/23 (OJ L 9, 15.1.2004, p. 40).

      (2)  See page 5 of this Official Journal.


Avis juridique important

|

31998D0135

98/135/EC: Council Decision of 18 December 1997 on the provisional application of a Memorandum of Understanding between the European Community and the Arab Republic of Egypt on trade in textile products

Official Journal L 041 , 13/02/1998 P. 0001 - 0001

COUNCIL DECISION of 18 December 1997 on the provisional application of a Memorandum of Understanding between the European Community and the Arab Republic of Egypt on trade in textile products (98/135/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, thereof,Having regard to the proposal from the Commission,Whereas the Commission has negotiated on behalf of the European Community a Memorandum of Understanding on trade in textile products with the Arab Republic of Egypt;Whereas this Memorandum of Understanding should be applied on a provisional basis from 1 January 1998 pending the completion of the procedures required for its conclusion, subject to reciprocal provisional application by the Arab Republic of Egypt,HAS DECIDED AS FOLLOWS:Article 1The Memorandum of Understanding between the European Community and the Arab Republic of Egypt on trade in textile products shall be applied on a provisional basis from 1 January 1998 pending its formal conclusion, subject to reciprocal provisional application by the Arab Republic of Egypt.The text of the Memorandum of Understanding is attached to this Decision.Article 2This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 18 December 1997.For the CouncilThe PresidentF. BODEN


title: 2008/531/EC: Decision of the European Parliament of 24 April 2007 on the discharge for the implementation of the budget of the European Food Safety Authority for the financial year 2005

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 187/163

         DECISION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   on the discharge for the implementation of the budget of the European Food Safety Authority for the financial year 2005
   (2008/531/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Food Safety Authority for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Food Safety Authority for the financial year 2005, together with the Authority's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (4), and in particular Article 44 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0112/2007),

               1.

               Grants the executive director of the European Food Safety Authority discharge for the implementation of the Authority's budget for the financial year 2005;

               2.

               Sets out its observations in the Resolution below;

               3.

               Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the executive director of the European Food Safety Authority, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 266, 31.10.2006, p. 22.

      (2)  OJ C 312, 19.12.2006, p. 42.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 575/2006 (OJ L 100, 8.4.2006, p. 3).

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

               15.7.2008

               EN

               Official Journal of the European Union

               L 187/164

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   with observations forming an integral part of the Decision on the discharge for the implementation of the budget of the European Food Safety Authority for the financial year 2005
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Food Safety Authority for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Food Safety Authority for the financial year 2005, together with the Authority's replies (2),
   having regard to Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (4), and in particular Article 44 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0112/2007),

               A.

               whereas the Court of Auditors stated, that it obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2005 were reliable, and the underlying transactions, subject to reservation, were legal and regular;

               B.

               whereas on 27 April 2006 Parliament gave discharge to the director in respect of the implementation of the Authority's budget for the 2004 financial year (6) and in the Resolution accompanying the discharge Decision Parliament, inter alia,

                           —

                           was disappointed to note that the Court of Auditors again discovered anomalies in the application of the rules concerning staff recruitment, and urged the Authority to apply with more transparency the rules regarding selection procedures,

                           —

                           was concerned by the irregularities noted by the Court of Auditors in contract award procedures;

         General points concerning the majority of EU Agencies requiring individual discharge

               1.

               Considers that the ever-growing number of Community Agencies and the activities of certain of them do not seem to form part of an overall policy framework, and that the remits of some Agencies do not always reflect the real needs of the Union or the expectations of its citizens, and notes that in general terms the Agencies do not always have a good image or a good press;

               2.

               Invites the Commission therefore to define an overall policy framework for the setting up of new Community Agencies and to present a cost-benefit study before the setting up of any new Agency, while being careful to avoid any overlap of activities between Agencies or with the remits of other European organisations;

               3.

               Calls on the Court of Auditors to give its opinion on the cost-benefit study before Parliament takes its decision;

               4.

               Invites the Commission to present every five years a study on the added value of every existing Agency; invites all relevant institutions in the case of a negative evaluation of the added value of an Agency to take the necessary steps by reformulating the mandate of that Agency or by closing it;

               5.

               Considers it regrettable, given the growing number of regulatory Agencies, that the negotiations on the draft interinstitutional agreement on the operating framework for the European regulatory Agencies have not yet been concluded, and calls on the relevant departments of the Commission, in consultation with the Court of Auditors, to do their utmost to ensure that the agreement is brought to a rapid conclusion;

               6.

               Notes that the Commission's budgetary responsibility calls for closer linking of the Agencies to the Commission; calls on the Commission and the Council to take all necessary steps to give the Commission a blocking minority in the supervisory bodies of the regulatory Agencies by 31 December 2007 and to provide for such a minority from the outset when new Agencies are set up;

               7.

               Invites the Court of Auditors to create an additional chapter in its Annual Report, devoted to all Agencies to be discharged under the Commission's accounts in order to have a much clearer picture of the use of EU funds by Agencies;

               8.

               Recalls the principle according to which all Community Agencies, whether subsidised or not, are subject to discharge by the Parliament, even where a discharge authority exists by virtue of their constitutive texts;

               9.

               Calls on the Court of Auditors to perform performance audits for all Agencies and to report back to the relevant committees of Parliament, including the Committee on Budgetary Control;

               10.

               Notes that the number of Agencies is constantly increasing and that, in accordance with the Commission's political responsibility for the operation of the Agencies, which goes far beyond mere logistical support, there is an even higher need for the Directorates-General of the Commission charged with the setting up and monitoring of Agencies to develop a common approach to the Agencies; considers that a structure similar to the one created by the Agencies for coordination among the DGs concerned would be a pragmatic way forward towards a common approach by the Commission on all matters relating to the Agencies;

               11.

               Invites the Commission to improve administrative and technical support to the Agencies, taking into account the growing complexity of the Community's administrative rules and technical problems;

               12.

               Notes the lack of a disciplinary body in any of the Community Agencies, and calls on the Commission to take the necessary steps to ensure that such a mechanism is rapidly put in place;

               13.

               Welcomes the considerable improvements in the coordination among the Agencies, which allows them to tackle recurring problems and makes cooperation with the Commission and Parliament more efficient;

               14.

               Takes the view that the establishment by a number of Agencies of a shared support service aimed at making their computerised financial management systems consistent with those of the Commission is a measure that should be taken further and extended;

               15.

               Calls upon the Agencies to improve their cooperation and benchmarking with actors in the field; urges the Commission to adopt any measures it considers necessary to help the Agencies enhance their image and raise the profile of their activities;

               16.

               Calls upon the Commission to come up with a proposal to harmonise the format of the annual reporting by the Agencies and to develop performance indicators which would allow a comparison of their efficiency;

               17.

               Invites the Agencies to present at the beginning of every year performance indicators against which they could be measured;

               18.

               Invites all Agencies to increasingly use SMART objectives which should lead to more realistic planning and implementation of goals;

               19.

               Agrees with the Court of Auditors that the Commission also bears responsibility for the (financial) management of the Agencies; therefore, urges the Commission to monitor and where necessary direct and help the management of the different Agencies, especially in relation to the proper application of tender procedures, transparency of recruitment procedures, sound financial management (underspending and overbudgeting) and most importantly the proper application of the rules concerning the internal control framework;

               20.

               Considers that the Agencies' work programmes should express their contributions in operational and measurable terms and that due consideration should be given to the Commission's Internal Control Standards;

         Specific points

               21.

               Notes that the financial year 2005 was marked by a significant under-implementation of the budget, with only 80 % of commitment and payment appropriations being used; considers that the Authority should make a serious effort to improve the use it makes of the appropriations with which it is entrusted to achieve its objectives;

               22.

               Strongly deplores the fact that the changes it made to the establishment plan were not respected and that it restored the grades initially provided for in the draft budget in respect of 19 posts without informing Parliament;

               23.

               Notes the failure to introduce activity-based management although this is laid down by the Authority's financial regulation, along the lines of what was applied to the general budget with a view to improving performance monitoring;

               24.

               Regrets the fact that the Authority did not carry out a risk analysis or formally lay down the internal control systems and procedures it follows and invites the Authority to do so as quickly as possible;

               25.

               Notes with regard to recruitment that the Authority rejected candidates on the basis of criteria other than those provided for in the vacancy notices and, in addition, did not observe the regulatory provisions concerning the grades of selection board members in relation to the posts to be filled; insists on the strict application of the relevant criteria and on an effective check as to whether the documents submitted by candidates in support of their applications actually offer genuine proof;

               26.

               Notes that the Authority had difficulties in recruiting highly skilled scientific staff in Parma;

               27.

               Regrets that a considerable number of anomalies were revealed during the audits carried out on the award and conclusion of contracts; invites the Authority to urgently tighten up its internal control system;

               28.

               Notes that buildings intended to house the Authority permanently are still not available and that the Authority was thus obliged to rent and fit out temporary premises (cost in 2005: approximately EUR 3 500 000); invites the Authority, together with the Commission, to clarify this situation with the national authorities, in particular with a view to any financial compensation.

      (1)  OJ C 266, 31.10.2006, p. 22.

      (2)  OJ C 312, 19.12.2006, p. 42.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 31, 1.2.2002, p. 1. Regulation as last amended by Commission Regulation (EC) No 575/2006 (OJ L 100, 8.4.2006, p. 3).

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

      (6)  OJ L 340, 6.12.2006, p. 134.


title: 2012/428/EU: Council Decision of 23 July 2012 on the signing, on behalf of the European Union, of the Agreement between the European Union and Ukraine amending the Agreement between the European Community and Ukraine on the facilitation of the issuance of visas

text:
               26.7.2012

               EN

               Official Journal of the European Union

               L 199/1

         COUNCIL DECISION
   of 23 July 2012
   on the signing, on behalf of the European Union, of the Agreement between the European Union and Ukraine amending the Agreement between the European Community and Ukraine on the facilitation of the issuance of visas
   (2012/428/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with Article 218(5), thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Agreement between the European Community and Ukraine on the facilitation of the issuance of visas (1) entered into force on 1 January 2008.

               (2)

               On 11 April 2011, the Council authorised the Commission to open negotiations with Ukraine on amendments to that Agreement between the European Community and Ukraine on the facilitation of the issuance of visas. The negotiations were successfully concluded by the initialling of the Agreement between the European Union and Ukraine amending the Agreement between the European Community and Ukraine on the facilitation of the issuance of visas (‘the Agreement’) in February 2012.

               (3)

               The Agreement should be signed subject to its conclusion.

               (4)

               This Decision constitutes a development of the 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
                   (2); 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 the 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
                   (3); Ireland is therefore not taking part in its adoption and is not bound by it or subject to its application.

               (6)

               In accordance with Articles 1 and 2 of the Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Agreement between the European Union and Ukraine amending the Agreement between the European Community and Ukraine on the facilitation of the issuance of visas is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement (4).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 23 July 2012.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 332, 18.12.2007, p. 68.

      (2)  OJ L 131, 1.6.2000, p. 43.

      (3)  OJ L 64, 7.3.2002, p. 20.

      (4)  The text of the Agreement will be published together with the decision on its conclusion.


title: 2006/210/EC: Commission Decision of  28 February 2006  setting up a group of high-level national regulatory experts

text:
               15.3.2006

               EN

               Official Journal of the European Union

               L 76/3

      COMMISSION DECISION

   of 28 February 2006
   setting up a group of high-level national regulatory experts
   (2006/210/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Whereas:

               (1)

               On 16 March 2005 the Commission adopted the communication entitled ‘Better Regulation for Growth and Jobs in the European Union’ (1), in which it announced its intention to set up, in the course of 2005, a group of high-level national regulatory experts to facilitate the development of better regulation measures at both national and EU level.

               (2)

               This group shall advise the Commission on better regulation issues in general; it shall not give its opinions on initiatives or projects concerning the development of specific legislative proposals.

               (3)

               The group shall be composed of high-level national experts appointed by the Commission acting on proposals from the Member States, and open for observers from acceding countries.

               (4)

               The group of high-level national regulatory experts should therefore be set up and its terms of reference and structures detailed,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Commission hereby establishes an expert group entitled ‘Group of high-level national regulatory experts’, hereinafter referred to as ‘the group’.
   Article 2
   Task
   The Commission may consult the group on all questions concerning better regulation policy and the development of related measures at both national and EU levels.
   The group’s task is to:

               —

               provide an efficient interface between the Commission and key governmental authorities, in order to assist the Commission in improving the regulatory environment for enterprises, industry, consumers, the social partners and citizens at large,

               —

               contribute to the spread of best practices developed both at EU level and at national level on better regulation within the EU,

               —

               strengthen cooperation between the Commission and the Member States with a view to implementing better regulation at national level; in particular, to examine jointly how EU legislation is transposed and implemented by Member States (i.e. the introduction of additional requirements or procedures in the course of its transposition),

               —

               contribute to the development of a coherent set of common indicators to monitor progress as regards the quality of the regulatory environment both at EU level and in the Member States themselves, as a basis for benchmarking within their national Lisbon programmes,

               —

               advise the Commission on better regulation issues, in particular: simplification; the assessment of economic, social and environmental impacts, including administrative costs; consultation practices; and the various types of regulation possible.

         Article 3
   Composition — Appointment
   1.   The Commission charges the Secretary General to appoint the members of the group on the basis of the candidates proposed by the Member States.
   2.   The group shall comprise one or, in some exceptional cases (2), two members per Member State. Alternate members can be appointed by the Secretary General of the Commission on Member State proposal and automatically replace members who are absent or indisposed.
   3.   The following provisions shall apply:

               —

               the members shall be high-level officials with experience in the field concerned and representatives of a public authority,

               —

               the members are appointed for a one year renewable mandate. They shall remain in office until such time as they are replaced or their mandate ends,

               —

               the members who are no longer able to contribute effectively to the group’s deliberations, who resign or who do not respect the conditions set out in the first or second point of this Article or Article 287 of the Treaty establishing the European Community may be replaced for the remaining period of their mandate,

               —

               the names of the appointed members shall be published on the Internet site of the Commission.

         Article 4
   Operation
   1.   The group is chaired by the Commission.
   2.   In agreement with the Commission, sub-groups may be set up to examine specific questions under terms of reference established by the group; they shall be disbanded as soon as these have been fulfilled.
   3.   The Chair may invite experts with specialist knowledge of a topic entered on the agenda and observers, including acceding countries (3), to attend meetings of the group or sub-groups when this would be useful and/or necessary.
   4.   Information obtained by participating in the group’s or sub-group’s deliberations may not be divulged if the Commission requests confidentiality.
   5.   The group and its sub-groups shall normally meet in one of the locations where the Commission and its departments have premises, following the procedures and timetable laid down by it. The secretariat shall be provided by the Commission.
   6.   The group shall adopt its rules of procedure on the basis of the standard rules of procedure adopted by the Commission (4).
   7.   The Commission shall provide secretarial support for the group and any sub-groups created under Article 4(2) of this Decision.
   8.   The Commission may publish on the Internet, in the working language(s) of the group, any résumé, conclusion, or partial conclusion or working document of the group. The working documents shall be published in accordance with the availability of the different language versions.
   Article 5
   Meeting expenses
   The Commission shall reimburse travel and, where appropriate subsistence expenses for members, experts and observers in connection with the group’s activities in accordance with the Commission’s internal rules on the compensation of external experts. The Commission shall reimburse one member of the group of high-level national regulatory experts per Member State. The members shall not be paid for their duties.
   Meeting expenses are reimbursed within the limits of the annual budget allocated to the group by the responsible Commission services.
   Article 6
   Entry into force
   The decision shall take effect on the day of its adoption by the Commission. It shall apply until 31 December 2009.

      Done at Brussels, 28 February 2006.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  COM(2005) 97 final, 16 March 2005.

      (2)  Two members per Member State may be appointed by the Commission if there is shared competency at the level of the administration in that Member State.

      (3)  Experts from acceding States having signed the Accession Treaty in accordance with the Communication ‘Towards the Enlarged Union — Strategy Paper and Report of the European Commission on the progress towards accession by each of the candidate countries’ of 9 October 2002 (COM(2002) 700 final) and with Article 7 of the Commission Decision C(2005) 874 of 24 March 2005, to reinforce the gradual integration of acceding countries into Community structures.

      (4)  See Annex III of SEC(2005) 1004 adopted by the Commission on 27 July 2005.


title: Council Decision 2013/144/CFSP of 21 March 2013 amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt

text:
               22.3.2013

               EN

               Official Journal of the European Union

               L 82/54

         COUNCIL DECISION 2013/144/CFSP
   of 21 March 2013
   amending Decision 2011/172/CFSP concerning restrictive measures directed against certain persons, entities and bodies in view of the situation in Egypt
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and in particular Article 29 thereof,
   Whereas:

               (1)

               On 21 March 2011, the Council adopted Decision 2011/172/CFSP (1).

               (2)

               On the basis of a review of Decision 2011/172/CFSP, the restrictive measures should be renewed until 22 March 2014.

               (3)

               Decision 2011/172/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   In Article 5 of Decision 2011/172/CFSP, the second paragraph is replaced by the following:

      "This Decision shall apply until 22 March 2014.".

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

      Done at Brussels, 21 March 2013.

            For the Council

            The President

         P. HOGAN

      (1)  OJ L 76, 22.3.2011, p. 63.


title: 2008/271/EC: Council Decision of 25 February 2008 on the conclusion of a Second Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

text:
               28.3.2008

               EN

               Official Journal of the European Union

               L 86/27

      COUNCIL DECISION

   of 25 February 2008
   on the conclusion of a Second Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
   (2008/271/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 57(2), 71, 80(2), 133(1), 133(5) and 181 in conjunction with the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the 2005 Act of Accession, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament,
   Whereas:

               (1)

               The Second Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, was signed on behalf of the European Community and its Member States on 21 February 2007.

               (2)

               The Second Additional Protocol should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Second Additional Protocol to the Economic Partnership, Political Coordination and Cooperation Agreement between the European Community and its Member States, of the one part, and the United Mexican States, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union, is hereby approved on behalf of the European Community and its Member States.
   The text of the Second Additional Protocol is attached to this Decision (1).
   Article 2
   The President of the Council shall give the notification provided for in Article 5 of the Second Additional Protocol.

      Done at Brussels, 25 February 2008.

            For the Council

            The President

         A. VIZJAK

      (1)  OJ L 141, 2.6.2007, p. 69.


title: 2014/639/EU: European Council Decision of 30 August 2014 appointing the High Representative of the Union for Foreign Affairs and Security Policy

text:
               2.9.2014

               EN

               Official Journal of the European Union

               L 262/6

         EUROPEAN COUNCIL DECISION
   of 30 August 2014
   appointing the High Representative of the Union for Foreign Affairs and Security Policy

      (2014/639/EU)

   THE EUROPEAN COUNCIL,
   Having regard to the Treaty on European Union, and in particular Article 18(1) thereof,
   Whereas:

               (1)

               European Council Decision 2009/950/EU, taken with the agreement of the President of the Commission (1), of 4 December 2009, appointed the High Representative of the Union for Foreign Affairs and Security Policy until 31 October 2014.

               (2)

               In accordance with Article 17(7), third subparagraph, of the Treaty on European Union, the President, the High Representative of the Union for Foreign Affairs and Security Policy and the other members of the Commission are subject as a body to a vote of consent by the European Parliament.

               (3)

               The High Representative of the Union for Foreign Affairs and Security Policy should be appointed for the period from the end of the current term of office of the Commission until 31 October 2019.

               (4)

               The President-elect has agreed to the appointment of the High Representative of the Union for Foreign Affairs and Security Policy,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ms Federica MOGHERINI is hereby appointed High Representative of the Union for Foreign Affairs and Security Policy for the period from the end of the current term of office of the Commission until 31 October 2019.
   Article 2
   This Decision shall be notified to Ms Federica MOGHERINI by the President of the European Council.
   It shall take effect on the day of its notification.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 30 August 2014.

            For the European Council

            The President

         H. VAN ROMPUY

      (1)  OJ L 328, 15.12.2009, p. 69.


title: Council Decision (EU) 2015/1947 of 1 October 2015 on the conclusion, on behalf of the European Union, of the Protocol Amending the Marrakesh Agreement establishing the World Trade Organisation

text:
               30.10.2015

               EN

               Official Journal of the European Union

               L 284/1

         COUNCIL DECISION (EU) 2015/1947
   of 1 October 2015
   on the conclusion, on behalf of the European Union, of the Protocol Amending the Marrakesh Agreement establishing the World Trade Organisation
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with point (v) of Article 218(6)(a) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               The World Trade Organisation (‘WTO’) launched the Doha Round of trade negotiations, known as the Doha Development Agenda, in November 2001. The negotiations on trade facilitation were launched in July 2004 on the basis of a commitment to clarify and improve several articles of the General Agreement on Tariffs and Trade 1994 (‘GATT 1994’): Article V (Freedom of Transit), Article VIII (Fees and Formalities connected with Importation and Exportation), and Article X (Publication and Administration of Trade Regulations), with a view to further expediting the movement, release and clearance of goods, including goods in transit. In addition, the mandate referred to provisions for effective cooperation between customs or any other appropriate authorities on trade facilitation and customs compliance issues.

               (2)

               Negotiations have been conducted by the Commission in consultation with the Special Committee established under Article 207(3) of the Treaty.

               (3)

               The Ninth WTO Ministerial Conference held in Bali on 3-6 December 2013 adopted the Ministerial Decision on Trade Facilitation, which concluded negotiations on the Agreement on Trade Facilitation subject to the legal review of the text. The Ministerial Decision also set up the Preparatory Committee on Trade Facilitation and instructed the WTO's General Council to adopt a Protocol to insert the Agreement as Annex 1A to the Marrakesh Agreement establishing the WTO and to open it for acceptance by each WTO Member in accordance with its internal procedures.

               (4)

               At its meeting on 27 November 2014, the WTO's General Council adopted the Protocol amending the Marrakesh Agreement establishing the World Trade Organisation (‘the Protocol’) and opened it for acceptance by WTO Members.

               (5)

               The Protocol includes the Agreement on Trade Facilitation and the commitments of developing countries that are incorporated as an Annex to that Agreement. A significant number of developing countries have already notified their Category A commitments pursuant to Article 15(1) of the Agreement on Trade Facilitation. The Committee on Trade Facilitation will receive the notifications of commitments under Category A for least developed countries pursuant to Article 15(2) of the Agreement on Trade Facilitation and the notifications of commitments under Categories B and C for both developing and least developed countries pursuant to Article 16(5) of the Agreement on Trade Facilitation. The commitments will become an integral part of the Agreement on Trade Facilitation.

               (6)

               The Protocol should be approved on behalf of the Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Protocol Amending the Marrakesh Agreement Establishing the World Trade Organisation is hereby approved on behalf of the European Union.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council shall designate the person(s) empowered to deposit, on behalf of the Union, the instrument of acceptance, as specified in paragraph 4 of the Protocol (1).
   Article 3
   This Protocol shall not be construed as conferring rights or imposing obligations which can be directly invoked before Union or Member State courts and tribunals.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 1 October 2015.

            For the Council

            The President

         É. SCHNEIDER

      (1)  The date of entry into force of the Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.


title: 2009/658/EC: Decision of the European Parliament of 23 April 2009 on the closure of the accounts of the Translation Centre for the bodies of the European Union for the financial year 2007

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 255/148

      DECISION OF THE EUROPEAN PARLIAMENT

   of 23 April 2009
   on the closure of the accounts of the Translation Centre for the bodies of the European Union for the financial year 2007
   (2009/658/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Translation Centre for the bodies of the European Union for the financial year 2007 (1),

               —

               having regard to the Court of Auditors’ report on the final annual accounts of the Translation Centre for the bodies of the European Union for the financial year 2007, together with the Centre’s replies (2),

               —

               having regard to the Council’s recommendation of 10 February 2009 (5588/2009 — C6-0060/2009),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Council Regulation (EC) No 2965/94 of 28 November 1994 setting up a Translation Centre for bodies of the European Union (4), and in particular Article 14 thereof,

               —

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

               —

               having regard to Rule 71 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A6-0178/2009),

               1.

               Notes that the final annual accounts of the Translation Centre for the bodies of the European Union are as annexed to the Court of Auditors’ report;

               2.

               Approves the closure of the accounts of the Translation Centre for the bodies of the European Union for the financial year 2007;

               3.

               Instructs its President to forward this Decision to the Director of the Translation Centre for the bodies of the European Union, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 278, 31.10.2008, p. 42.

      (2)  OJ C 311, 5.12.2008, p. 116.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 314, 7.12.1994, p. 1.

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


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31999D0320

1999/320/CFSP: Council Decision of 10 May 1999 adopted by the Council on the basis of Article 14 of the Treaty on European Union, on a European Union contribution to the collection and destruction of weapons in Albania

Official Journal L 123 , 13/05/1999 P. 0012 - 0013

COUNCIL DECISIONof 10 May 1999adopted by the Council on the basis of Article 14 of the Treaty on European Union, on a European Union contribution to the collection and destruction of weapons in Albania(1999/320/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 14 and 28 thereof,Having regard to Joint Action 1999/34/CFSP of 17 December 1998 adopted by the Council on the basis of Article J.3 of the Treaty on European Union, on the European Union's contribution to combating the destabilising accumulation and spread of small arms and light weapons(1),(1) Whereas in Common Position 97/357/CFSP(2) the European Union expressed its intention to help Albania to promote the democratic process, the return to political stability and internal security;(2) Whereas the excessive and uncontrolled accumulation and spread of small arms and light weapons poses a threat to peace and security and reduces the prospects for sustainable development; whereas this is acutely the case in Albania;(3) Whereas, in pursuing the objectives set out in Article 1 of Joint Action 1999/34/CFSP, the European Union envisages operating within the relevant international fora to give assistance to countries requesting support for controlling or eliminating a surplus of small arms in their territory, in particular where this may help to prevent armed conflict or in post-conflict situations in accordance with Article 4 thereof; whereas this Decision is intended to implement Joint Action 1999/34/CFSP;(4) Whereas the United Nations Department for Disarmament Affairs (DDA) and Development Programme (UNDP) pilot project "weapons in exchange for development in the Gramsh district of Albania" is intended to convince the population to turn in their private weapons voluntarily while offering as an incentive the reconstruction of roads, installation of telephone lines and supply of vehicles;(5) Whereas the European Union considers that a financial contribution to the said project would pursue the aims of influencing public opinion in favour of civilian disarmament, improving the secutiry situation in Albania as well as promoting the concept of "weapons in exchange for development" as a model for replication in other areas;(6) Whereas the European Union intends therefore to offer financial support in accordance with Title II of Joint Action 1999/34/CFSP,HAS DECIDED AS FOLLOWS:Article 11. The European Union contribute to promoting the collection and destruction of weapons in the Gramsh district in Albania.2. For this purpose, the European Union shall give financial support to the DDA and UNDP pilot project "weapons in exchange for development in the Gramsh district of Albania".3. The European Union contribution shall be conditional on the participation by European Union representatives in the National Steering Committee of the programme. Within this forum, the European Union strongly for the destruction of all collected weapons.Article 21. The European Union contribution referred to in Article 1 shall be allocated to the disarmament component of the DDA and UNDP pilot project. It shall finance the destruction of collected weapons, as well as the setting up of an adequate mobile arms control team. For this purpose, an amount of up to EUR 500000 shall be charged to the general budget of the European Communities for 1999.2. The management of the expenditure financed by the amount specified in paragraph 1 shall be subject to the procedures and rules of the Community applying to budget matters.Article 31. The amount specified in Article 2(1) shall be allocated as follows:(a) one third as soon as the approximately 5000 weapons which have already been collected are effectively destroyed,(b) a second third once a further 10000 weapons have been collected and effectively destroyed,(c) the remaining third, once a further 5000 weapons have been collected and effectively destroyed.2. The Council notes that the Commission will direct its action towards achieving the objectives and priorities of this Decision by appropriate Community measures.Article 41. The Presidency shall:- ensure liaison with the relevant UN bodies,- establish with the Government of Albania the contacts needed to implement this Decision, notably through participation in the National Steering Committee,- keep the Council informed.2. The Council shall, within six months of the adoption of this Decision, examine its implementation with a view to considering further possible initiatives in Albania.Article 5This Decision shall take effect on the date of its adoption.Article 6This Decision shall be published in the Official Journal.Done at Brussels, 10 May 1999.For the CouncilThe PresidentH. EICHEL(1) OJ L 9, 15.1.1999, p. 1.(2) OJ L 153, 11.6.1997, p. 4.


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32002D0274

2002/274/EC: Council Decision of 25 March 2002 concluding consultations with Liberia under Articles 96 and 97 of the ACP-EC Partnership Agreement

Official Journal L 096 , 13/04/2002 P. 0023 - 0026

Council Decisionof 25 March 2002concluding consultations with Liberia under Articles 96 and 97 of the ACP-EC Partnership Agreement(2002/274/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community and in particular the second subparagraph of Article 300(2) thereof,Having regard to the internal agreement on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement(1), as put into provisional application by the decision of the representatives of the Governments of the Member States of 18 September 2000, and, in particular, Article 3 thereof,Having regard to the proposal from the Commission,Whereas:(1) The Government of Liberia has acted on a number of occasions in ways that amount to a failure to fulfil its obligations stemming from the essential elements of Article 9 of the ACP-EC Partnership Agreement. It has also acted in violation of good governance requirements as serious cases of corruption can be identified.(2) Consultations under Articles 96 and 97 of the ACP-EC Partnership Agreement were held on 9 November 2001 with Liberia, at which the Liberian authorities explained their point of view and made specific commitments particularly as regards the human rights situation, democratic principles, the rule of law and good governance.(3) Some positive steps have recently been taken to meet these commitments. Nevertheless, more substantial action to address all the commitments and to uphold the situation in a sustainable manner still needs to be undertaken,HAS DECIDED AS FOLLOWS:Article 1Consultations with Liberia under Articles 96 and 97 of the ACP-EC Partnership Agreement are hereby concluded.Article 2The measures specified in the annexed draft letter are hereby adopted as appropriate measures within the meaning of Article 96(2)(c) and of Article 97(3) of the ACP-EC Partnership Agreement. These measures will expire two years after the date on which the Council adopts this Decision.Article 3This Decision takes effect on the day of its adoption.Article 4This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 25 March 2002.For the CouncilThe PresidentA. M. Birulés y Bertrán(1) OJ L 317, 15.12.2000, p. 376.ANNEXDRAFT LETTER TO THE MINISTER OF FOREIGN AFFAIRSBrussels, ...H.E. Mr Monie CAPTANMinister of Foreign AffairsLiberiaDear Minister,The European Union attaches the utmost importance to the provisions of Article 9 of the ACP-EC Partnership Agreement. As essential elements of the Partnership Agreement, respect for human rights, democratic institutions and the rule of law, and as a fundamental element, good governance, are the basis of our relations.Thus, the European Union has been concerned by reports of human rights abuses since the end of the civil war, and about the apparent impunity of the security forces in their relations with civilians. The absence of political opposition activity in the country, especially in the run up to the 2003 elections and reported limitations to freedom of expression have also been a matter of deep concern. The European Union has also been deeply preoccupied by the lack of transparency in the public accounting system and by the risks of serious corruption in particular in the management of natural resources and the exploitation of monopolies. Furthermore, the assistance Liberia has offered to the Front uni révolutionnaire (RUF) of Sierra Leone, accused of gross human rights violations in Sierra Leone, induced the European Union to support the sanctions decided by the United Nations Security Council in March 2001.The Council of the European Union therefore decided, on 23 July 2001, to open consultations with the Liberian Government pursuant to Articles 96 and 97 of the ACP-EC Partnership Agreement, with a view to assessing the situation in detail and remedying it.The opening meeting of the consultations took place in Brussels on 9 November 2001. A number of key issues were addressed; the point of view of the Liberian Government was presented and a series of commitments were entered into, as follows:- systematically to launch legal investigations each time there are serious and corroborated reports that members of the armed forces are involved in violence towards civilians, including in the war zone of Lofa county,- to expand the ongoing training programme on human rights to all security personnel,- to review the relevant legislation in order to create a credible independent human rights commission, with representation of the civil society,- to review the relevant legislation in order to create a credible independent national reconciliation commission, with representation of the civil society,- to continue to encourage the return of key opposition leaders, especially by the withdrawal of accusations against them; to guarantee their personal protection,- that NGO members and journalists will not be harassed for speaking against the Government, which will publicly commit itself accordingly,- that procedures for granting short-wave radio licenses will be simplified and accelerated; to review the law, with a view to having it amended, and also have the cases of Radio Veritas and Star Radio reviewed on their request,- to review the relevant legislation in order to create a credible independent election commission in close consultation with the main political partners,- to revitalise the judicial review body so that it can advise and make independent recommendations to the Government,- to improve the payment of proper salaries and expenses to the civil service in particular as regards the operation of the administration of justice,- that all public utility and parastatal revenue including that from the forestry sector will be accounted for in a transparent manner,- to undertake to further liberalise the fuel and rice sectors to ensure competition and transparency,- to comply with UN requests in relation to the involvement of Liberia in the conflict in Sierra Leone, in particular in terms of cutting all ties with the RUF.It was also agreed that an intensive dialogue would be held with the Liberian authorities on the various points raised at the consultation meeting with a view to concluding the consultations. This process is now completed. It focused on the measures which the Government itself proposed could be implemented to fulfil the undertakings.The Liberian authorities have indicated their willingness to make progress on the various issues raised by the European Union. In particular, we welcome that:- in the recent period, several members of the security forces have been the subject of legal investigation in relation to their involvement in cases which amount to human rights violations,- a plan to expand the human rights training to all the security forces is under preparation,- reviews of the existing human rights and reconciliation commissions are underway; as regards reconciliation, a national forum has been announced for July 2002, to which all opposition leaders would be invited,- President Taylor has publicly called on opposition leaders to return to Liberia, stating that they will be protected,- reinforcement and extension of election commissions is planned,- Radio Veritas is to receive its short-wave licence back and the resumption of the operation of Star Radio is under consideration; short-wave broadcasting installations will be made available to opposition politicians throughout the election period,- a judicial review body ("Judicial Reform Committee") is to be revitalised,- measures to improve the public management of fiscal revenue drawn from the forestry sector and the maritime registry are planned,- further liberalisation of the rice sector is underway, as the dominant position of the main importer is decreasing,- the principle of external audits of the parastatal agencies and of the Government financial institutions has been accepted.More generally, the Government indicated that it would uphold all the fundamental rights of all citizens and residents in Liberia.However the following points continue to give cause for concern despite the commitments already taken:- the human rights situation still needs to be improved,- with a view to the elections in 2003, there is as yet no sufficient guarantee that all candidates will be treated equally,- transparency in the management of public accounts, especially as regards resources drawn from the fuel, timber and rice sectors, is not established.Furthermore, the European Union calls upon the Liberian authorities to continue their efforts to comply with the UN requests as regards their relations with the RUF in Sierra Leone.In the light of the above, the European Community and its Member States have decided to conclude the consultations held under Articles 96 and 97 of the ACP-EC Partnership Agreement. Pending substantive steps to fulfil the commitments taken to uphold the respect of human rights, democracy, rule of law and good governance principles, it has been decided to maintain the political dialogue process and the direct support measures as well as preparation for the elections. In line with progress made, and conditionally, the European Union could gradually extend its cooperation.In particular, the European Union invites the Government of Liberia to take the following measures in the near future on the basis of a work plan to be agreed upon:- to ensure the independence of an efficient and effective judiciary,- to conduct an external independent audit of Government financial institutions and parastatal agencies,- effectively to guarantee the personal security and freedom of movement of opposition leaders in Liberia,- to establish an independent and efficient human rights commission,- to implement a human rights training programme extended to all security forces,- to establish an independent and credible reconciliation commission, in charge of organising and supervising a reconciliation forum (July 2002),- to implement decisions taken to enlarge access to short-wave broadcasting,- to establish an independent and credible election commission,- to dismantle the monopoly on fuel imports.These steps are expected to be part of a general trend towards improving human rights, democracy, the rule of law and good governance in Liberia, which would imply:- the improvement of the human rights situation and an effective fight against impunity,- the constant promotion and guarantee of freedom of the press,- the organisation of free and regular elections in 2003, in compliance with international standards, with participation of all opposition leaders on an equal basis with the candidate of the current ruling party,- enhanced transparency in the way public concessions and licences are issued and on the revenue derived therefrom.It is also expected that Liberia will soon be in a position to be considered as having complied with the requests of the UN Security Council in relation to the situation in Sierra Leone.As regards the implementation of its aid, the Community has decided to take the following measures, within the meaning of Article 96(2)(c) and of Article 97(3):- regular follow-up will be ensured by means of a close political dialogue involving the Presidency of the European Union and the European Commission, and six-monthly political reviews,- implementation of current projects funded under Article 72 of the ACP-EC Partnership Agreement, amounting at the moment to EUR 25 million and intended to meet the needs of displaced persons, will be continued,- contributions to regional projects, operations of a humanitarian nature, trade cooperation and trade-related preferences are not affected,- institution support to allow for the implementation of the measures aimed at fulfilling undertakings given within the consultations can be provided,- the 8th EDF national indicative programme (NIP) is being prepared; it will be divided into two instalments: the first will cover institution building and direct support to populations, and the second more structured aid. Its signature and the implementation of the first instalment will be linked to actual progress made in restoring efficient democratic structures and in improving public financial management. The implementation of the second instalment is conditional upon the holding of free and fair elections in 2003, the improvement of the political situation and the good governance situation,- support for the preparation of the elections will be provided subject to compliance with normal conditions for the holding of free and fair elections,- notification of the 9th EDF allocation will be made once free and fair elections have taken place,- the Commission will continue to exercise the function of national authorising officer on behalf of the latter until implementation of the second instalment of the 8th EDF NIP.The European Union will continue to follow closely the situation in Liberia. We propose that our intensive political dialogue should continue, on the basis of Article 8 of the ACP-EC Partnership Agreement.Yours faithfully,For the Commission...For the Council...


title: 2010/805/EU: Decision of the European Parliament and of the Council of 15 December 2010 on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/004 PL/Wielkopolskie Automotive from Poland)

text:
               28.12.2010

               EN

               Official Journal of the European Union

               L 342/17

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 15 December 2010
   on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/004 PL/Wielkopolskie Automotive from Poland)
   (2010/805/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

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

               (2)

               The scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis.

               (3)

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

               (4)

               Poland submitted an application on 5 February 2010 to mobilise the EGF in respect of redundancies in two enterprises operating in NACE Revision 2 Division 29 (manufacture of motor vehicles, trailers and semi-trailers) in the NUTS II region of Wielkopolskie (PL41) and supplemented it with additional information up to 6 July 2010. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 633 077.

               (5)

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

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2010, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 633 077 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 15 December 2010.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         O. CHASTEL

      (1)  OJ C 139, 14.6.2006, p. 1.

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