title: Council Decision of 18 September 2006 appointing a member of the Advisory Committee of the Euratom Supply Agency

text:
               6.10.2006

               EN

               Official Journal of the European Union

               C 241/4

      COUNCIL DECISION

   of 18 September 2006
   appointing a member of the Advisory Committee of the Euratom Supply Agency
   (2006/C 241/04)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second and third paragraphs of Article 54 thereof,
   Having regard to Article X of the Statutes of the Euratom Supply Agency (1), as last amended by Decision 95/1/EC, Euratom, ECSC of 1 January 1995 (2),
   Having regard to the Council Decision of 12 July 2005 appointing the members of the Advisory Committee of the Euratom Supply Agency (3),
   Having regard to the opinion of the Commission,
   Whereas:

               (1)

               A member's seat on the above Committee has fallen vacant following the resignation of Mr Simon MILLS, of which the Council was informed on 26 January 2006.

               (2)

               That vacancy should therefore be filled.

               (3)

               The United Kingdom Government submitted a nomination on 26 January 2006,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Ms Megan PRESTON is hereby appointed a member of the Advisory Committee of the Euratom Supply Agency for the remainder of the Committee's term of office, which ends on 28 March 2007.

      Done at Brussels, 18 September 2006

            For the Council

            The President

         J. KORKEAOJA

      (1)  OJ 27, 6.12.1958, p. 534/58.

      (2)  OJ L 1, 1.1.1995, p. 1.

      (3)  OJ C 178, 20.7.2005, p. 1.


Avis juridique important

|

41999D0006

The Schengen acquis - Decision of the Executive Committee of 28 April 1999 on the Schengen acquis relating to telecommunications (SCH/Com-ex (99) 6)

Official Journal L 239 , 22/09/2000 P. 0409 - 0410

DECISION OF THE EXECUTIVE COMMITTEEof 28 April 1999on the Schengen acquis relating to telecommunications(SCH/Com-ex (99)6)THE EXECUTIVE COMMITTEE,Having regard to Article 132 of the Convention implementing the Schengen Agreement,Having regard to Article 44 of the abovementioned Convention,HAS DECIDED AS FOLLOWS:The tactical and operational requirements for a future cross-border digital radio system for the police and customs services in the Schengen States defined in accordance with the mandate pursuant to Article 44, the rules for manufacturing and administering uniform encryption algorithms, and other agreements established within the remit of the Subgroup on telecommunications, as set out in the following nine documents, are hereby approved.1. SCH/I-telecom (92)21 Rev. 2(1) of 12 June 1992"Definition of the telecommunications equipment needs of police and customs services"2. SCH/I-telecom (95)18 of 8 June 1995"Digital radiocommunications systems for security organisations (tactical and operational requirements)"3. SCH/I-telecom (96)44 Rev. 5 of 14 November 1997"Requirements for terminals and their user interfaces in the Schengen States' future digital trunk radio systems"4. SCH/I-telecom (95)33 Rev. 2 of 6 December 1995"Request to ETSI for a study of the European norms meeting Schengen functional requirements"5. SCH/I-telecom (95)35 of 21 November 1995"Schengen communication requirements and the TETRA standard"6. SCH/I-telecom-crypto (95)37 Rev. 4 of 8 July 1996"Digital radio communications network for security organisations (security requirements)"7. SCH/I-telecom-crypto (97)7 Rev. 5 of 24 February 1998"Agreement for use and custody of Schengen algorithms"8. SCH/I-telecom-crypto (97)10 Rev. 2 of 24 February 1998"Criteria for manufacturing Schengen specific algorithms"9. SCH/I (98)17 Rev. 4 of 26 May 1998"Amendment to the mandate of the Subgroup on telecommunications to examine the interoperability aspects of different digital radio communications systems"Luxembourg, 28 April 1999.The Chairman,C. H. Schapper(1) Restricted document.


title: 2013/619/EU: Decision of the European Parliament of 17 April 2013 on the closure of the accounts of the ENIAC Joint Undertaking for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/350

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on the closure of the accounts of the ENIAC Joint Undertaking for the financial year 2011
   (2013/619/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the ENIAC Joint Undertaking for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the ENIAC Joint Undertaking for the financial year 2011, together with the replies of the Joint Undertaking (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05755/2013 – C7-0040/2013),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               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 (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Council Regulation (EC) No 72/2008 of 20 December 2007 setting up the ENIAC Joint Undertaking (4), and in particular Article 11(4) 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 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A7-0105/2013),

               1.

               Approves the closure of the accounts of the ENIAC Joint Undertaking for the financial year 2011;

               2.

               Instructs its President to forward this Decision to the Executive Director of the ENIAC Joint Undertaking, 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

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 6, 10.1.2013, p. 18.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 298, 26.10.2012, p. 1.

      (4)  OJ L 30, 4.2.2008, p. 21.

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


title: Council Decision (EU) 2016/769 of 21 April 2016 on the acceptance of the Amendments to the 1998 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants

text:
               18.5.2016

               EN

               Official Journal of the European Union

               L 127/21

         COUNCIL DECISION (EU) 2016/769
   of 21 April 2016
   on the acceptance of the Amendments to the 1998 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1), in conjunction with 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 Union is a party to the United Nations Economic Commission for Europe (UNECE) 1979 Convention on Long-Range Transboundary Air Pollution (‘the Convention’), following its approval in 1981 (1).

               (2)

               The Union is a party to the 1998 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants (‘the Protocol’), following its approval on 19 February 2004 (2).

               (3)

               The parties to the Protocol opened negotiations in 2007 with a view to further improving the protection of human health and the environment, including through the updating of the list of substances concerned and the emission limit values applicable to certain waste incinerators.

               (4)

               In 2009, the parties present at the 27th session of the Executive Body of the Convention adopted by consensus Decisions 2009/1/EC, 2009/2/EC and 2009/3 amending the Protocol.

               (5)

               The amendments set out in Decision 2009/3/EC entered into force and became effective on the basis of the expedited procedure provided for in Article 14(4) of the Protocol.

               (6)

               The amendments set out in Decisions 2009/1/EC and 2009/2/EC require acceptance by the parties to the Protocol in accordance with Article 14(3) of the Protocol.

               (7)

               The Union has already adopted instruments on matters covered by the amendments to the Protocol, including Regulation (EC) No 850/2004 of the European Parliament and of the Council (3).

               (8)

               The amendments to the Protocol set out in Decisions 2009/1/EC and 2009/2/EC should therefore be accepted on behalf of the Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   The amendments to the 1998 Protocol to the 1979 Convention on Long-Range Transboundary Air Pollution on Persistent Organic Pollutants (‘the Protocol’) are hereby accepted on behalf of the Union.
   The texts of the amendments to the Protocol as set out in Article 1 of Decision 2009/1/EC and Article 1 of Decision 2009/2/EC of the Executive Body of the Convention are attached to this Decision.
   Article 2
   The President of the Council shall designate the person(s) empowered to deposit, on behalf of the Union, as regards matters falling within the Union's competence, the instrument of acceptance provided for in Article 14(3) of the Protocol (4).
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 21 April 2016.

            For the Council

            The President

         G.A. VAN DER STEUR

      (1)  OJ L 171, 27.6.1981, p. 11.

      (2)  OJ L 81, 19.3.2004, p. 35.

      (3)  Regulation (EC) No 850/2004 of the European Parliament and of the Council of 29 April 2004 on persistent organic pollutants and amending Directive 79/117/EEC (OJ L 158, 30.4.2004, p. 7).

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

      AMENDMENTS TO THE PROTOCOL
      as set out in Article 1 of Decision 2009/1/EC of the Executive Body of the Convention
      A.   Article 1
      For paragraph 12 there shall be substituted:
      ‘“New stationary source” means any stationary source of which the construction or substantial modification is commenced after the expiry of 2 years from the date of entry into force for a Party of:

                  (a)

                  the present Protocol; or

                  (b)

                  an amendment to the present Protocol that, with respect to a stationary source, either introduces new limit values in Part II of Annex IV or introduces the category in Annex VIII in which that source falls.

            It shall be a matter for the competent national authorities to decide whether a modification is substantial or not, taking into account such factors as the environmental benefits of the modification.’
      B.   Article 3

                  1.

                  In Article 3, paragraph 5(b)(i) and (iii) of the POPs Protocol, for the words:
                  ‘for which Annex V identifies best available techniques’
                  there shall be substituted:
                  ‘for which guidance adopted by the Parties at a session of the Executive Body identifies best available techniques’.

                  2.

                  The semi-colon at the end of paragraph 5(b)(iv) shall be changed to a full stop.

                  3.

                  Paragraph 5(b)(v) is deleted.

            C.   Article 13
      The words ‘Annexes V and VII are’ shall be replaced by the words ‘Annex V is’
      D.   Article 14

                  1.

                  Paragraph 3 shall be replaced by the following:
                  ‘3.   Amendments to the present Protocol and to Annexes I to IV, VI and VIII shall be adopted by consensus of the Parties present at a session of the Executive Body, and shall enter into force for the Parties which have accepted them on the ninetieth day after the date on which two thirds of those that were Parties at the time of their adoption have deposited with the Depositary their instruments of acceptance thereof. Amendments shall enter into force for any other Party on the ninetieth day after the date on which that Party has deposited its instrument of acceptance thereof. This paragraph shall be subject to paragraphs 5 bis and 5 ter below.’

                  2.

                  In paragraph 4, for the words ‘Annexes V and VII’ shall be substituted ‘Annex V’ and for the words ‘any such Annex’ shall be substituted ‘Annex V’.

                  3.

                  In paragraph 5, the words ‘or VII’ shall be deleted and for the words ‘such an Annex’ shall be substituted ‘Annex V’.

                  4.

                  After paragraph 5, the following new paragraphs shall be added:
                  ‘5 bis.   For those Parties having accepted it, the procedure set out in paragraph 5ter below shall supersede the procedure set out in paragraph 3 above in respect of amendments to Annexes I to IV, VI and VIII.

                              5 ter.

                                          (a)

                                          Amendments to Annexes I to IV, VI and VIII shall be adopted by consensus of the Parties present at a session of the Executive Body. On the expiry of one year from the date of its communication to all Parties by the Executive Secretary of the Commission, an amendment to any such Annex shall become effective for those Parties which have not submitted to the Depositary a notification in accordance with the provisions of subparagraph (b) below;

                                          (b)

                                          Any Party that is unable to approve an amendment to Annexes I to IV, VI and VIII shall so notify the Depositary in writing within one year from the date of the communication of its adoption. The Depositary shall without delay notify all Parties of any such notification received. A Party may at any time substitute an acceptance for its previous notification and, upon deposit of an instrument of acceptance with the Depositary, the amendment to such an Annex shall become effective for that Party;

                                          (c)

                                          Any amendment to Annexes I to IV, VI and VIII shall not enter into force if an aggregate number of sixteen or more Parties have either:

                                                      (i)

                                                      Submitted a notification in accordance with the provisions of subparagraph (b) above; or

                                                      (ii)

                                                      Not accepted the procedure set out in this paragraph and not yet deposited an instrument of acceptance in accordance with the provisions of paragraph 3 above.’

            E.   Article 16
      A new paragraph shall be added after paragraph 2 as follows:

         ‘3.   A State or Regional Economic Integration Organisation shall declare in its instrument of ratification, acceptance, approval or accession if it does not intend to be bound by the procedures set out in Article 14, paragraph 5 ter as regards the amendment of Annexes I to IV, VI and VIII.’

      F.   Annex I

                  1.

                  In the listing for the substance DDT, the conditions (numbered 1 and 2) on elimination of production shall be deleted and replaced by the word ‘None’ and the words ‘except as identified in Annex II’ in the conditions on use shall be deleted.

                  2.

                  In the listing for the substance Heptachlor, the conditions on use shall be deleted and replaced by the word ‘None’.

                  3.

                  In the listing for the substance Hexachlorobenzene, the conditions on production and use shall be deleted and in each case replaced by the word ‘None’.

                  4.

                  Listings for the following substances shall be added by inserting in appropriate alphabetical order the following rows:

                              ‘Hexachlorobutadiene
                              CAS: 87-68-3

                              Production

                              None

                              Use

                              None

                              Hexachlorocyclohexanes (HCH) (CAS: 608-731), including lindane (CAS: 58-89-9)

                              Production

                              None

                              Use

                              None, except for the gamma isomer of HCH (lindane), used as topical insecticide for public health purposes. Such uses shall be re-evaluated under this Protocol in 2012 or one year after the amendment enters into force, whichever is later.

                              Hexabromodiphenyl ether (a) and heptabromodiphenyl ether (a)

                              Production

                              None

                              Use

                                          1.

                                          A Party may allow recycling of articles that contain or may contain any of these substances, and the use and final disposal of articles manufactured from recycled materials that contain or may contain any of these substances, provided that the recycling and final disposal is carried out in an environmentally sound manner and does not lead to recovery of any of these substances for the purpose of their reuse.

                                          2.

                                          Commencing 2013 and every four years subsequently until the above condition is removed or otherwise expires, the Executive Body shall evaluate the progress that Parties have made towards achieving their ultimate objective of elimination of these substances contained in articles and review the continued need for the condition, which shall in any case expire at the latest in 2030.

                              Tetrabromodiphenyl ether (b) and pentabromodiphenyl ether (b)

                              Production

                              None

                              Use

                                          1.

                                          A Party may allow recycling of articles that contain or may contain any of these substances, and the use and final disposal of articles manufactured from recycled materials that contain or may contain any of these substances, provided that the recycling and final disposal is carried out in an environmentally sound manner and does not lead to recovery of any of these substances for the purpose of their reuse.

                                          2.

                                          Commencing 2013 and every four years subsequently until the above condition is removed or otherwise expires, the Executive Body shall evaluate the progress that Parties have made towards achieving their ultimate objective of elimination of these substances contained in articles and review the continued need for the condition, which shall in any case expire at the latest in 2030.

                              Pentachlorobenzene
                              CAS: 608-93-5

                              Production

                              None

                              Use

                              None

                              Perfluorooctane sulfonate (PFOS) (c)

                              Production

                              None, except for production for the uses (a)-(c) below, and (a)-(e) in Annex II

                              Use

                              None, except for the following uses and uses (a)-(e) in Annex II:

                                          (a)

                                          Chromium electroplating, chromium anodizing and reverse etching until 2014;

                                          (b)

                                          Electroless nickel-polytetrafluoroethylene plating until 2014;

                                          (c)

                                          Etching of plastic substrates prior to their metallization until 2014;

                                          (d)

                                          Firefighting foams, but only if they have been manufactured or were in use by 18 December 2009

                                    With respect to firefighting foams:

                                          (i)

                                          Parties should endeavour to eliminate by 2014 firefighting foams containing PFOS that were manufactured or in use by 18 December 2009 and shall report on their progress to the Executive Body in 2014;

                                          (ii)

                                          Based on the reports of the Parties and paragraph (i), the Executive Body shall in 2015 assess whether the use of firefighting foams containing PFOS that were manufactured or in use by 18 December 2009 should be subject to additional restrictions.’

                  5.

                  The listing for the substance PCB shall be deleted and replaced by the following row:

                              ‘Polychlorinated biphenyls (PCBs) (d)

                              Production

                              None

                              Use

                              None. Concerning PCBs in use by the implementation date, Parties shall:

                                          1.

                                          Make determined efforts designed to lead to:

                                                      (a)

                                                      The elimination of the use of identifiable PCBs in equipment (i.e. transformers, capacitors or other receptacles containing residual liquid stocks) containing PCBs in volumes greater than 5 dm3 and having a concentration of 0,05 % PCBs or greater, as soon as possible but no later than 31 December 2010, or 31 December 2015 for countries with economies in transition;

                                                      (b)

                                                      The destruction or decontamination in an environmentally sound manner of:

                                                                  —

                                                                  All liquid PCBs referred to in a subparagraph (a) and other liquid PCBs containing more than 0,005 % PCBs not in equipment, as soon as possible but no later than 31 December 2015, or 31 December 2020 for countries with economies in transition;

                                                                  —

                                                                  All liquid PCBs referred to in a paragraph 2(a) no later than 31 December 2029;

                                                      (c)

                                                      The decontamination or disposal of equipment referred in subparagraphs 1(a) and 2(a) in an environmentally sound manner.

                                          2.

                                          Endeavour to:

                                                      (a)

                                                      Identify and remove from use equipment (e.g. transformers, capacitors or other receptacles containing liquid stocks) containing more than 0,005 % PCBs and volumes greater than 0,05 dm3, as soon as possible but no later than 31 December 2025;

                                                      (b)

                                                      Identify other articles containing more than 0,005 % PCBs (e.g. cable sheaths, cured caulk and painted objects) and manage them in accordance with paragraph 3 of Article 3.

                                          3.

                                          Ensure that the equipment described in subparagraphs 1(a) and 2(a) is not exported or imported other than for the purpose of environmentally sound waste management.

                                          4.

                                          Promote the following to reduce exposures and risk to control the use of PCBs:

                                                      (a)

                                                      Use PCBs only in intact and non-leaking equipment and only in areas where the risk from environmental release can be minimized and quickly remedied;

                                                      (b)

                                                      Not use PCBs in equipment in areas associated with the production or processing of food or feed;

                                                When PCBs are used in populated areas, including schools and hospitals, take all reasonable measures to prevent electrical failures that could result in a fire, and regularly inspect equipment for leaks.’

                  6.

                  Footnote (a) at the end of Annex I shall be deleted.

                  7.

                  The following footnotes shall be added at the end of Annex I:

                              ‘(a)

                              “Hexabromodiphenyl ether and heptabromodiphenyl ether” mean 2,2′,4,4′,5,5′- hexabromodiphenyl ether (BDE-153, CAS No: 68631-49-2), 2,2′,4,4′,5,6′- hexabromodiphenyl ether (BDE-154, CAS No: 207122-15-4), 2,2′,3,3′,4,5′,6 heptabromodiphenyl ether (BDE-175, CAS No: 446255-22-7), 2,2′,3,4,4′,5′,6- heptabromodiphenyl ether (BDE-183, CAS No: 207122-16-5) and other hexa- and heptabromodiphenyl ethers present in commercial octabromodiphenyl ether.

                              (b)

                              “Tetrabromodiphenyl ether and pentabromodiphenyl ether” means 2,2′,4,4′-tetrabromodiphenyl ether (BDE-47, CAS No: 40088-47-9) and 2,2′,4,4′,5-pentabromodiphenyl ether (BDE-99, CAS No: 32534-81-9) and other tetra- and pentabromodiphenyl ethers present in commercial pentabromodiphenyl ether.

                              (c)

                              Perfluorooctane sulfonate (PFOS) means substances defined by the molecular formula C8F17SO2X, where X = OH, metal salt, halide, amide or other derivatives including polymers.

                              (d)

                              “Polychlorinated biphenyls” means aromatic compounds formed in such a manner that the hydrogen atoms on the biphenyl molecule (two benzene rings bonded together by a single carbon-carbon bond) may be replaced by up to 10 chlorine atoms.’

            G   Annex II

                  1.

                  The listings for the substances DDT, HCH, and PCB in the table appearing after the first paragraph of Annex II, shall be deleted.

                  2.

                  A listing for the following substance shall be added by inserting in appropriate alphabetical order the following row:

                              ‘Substance

                              Implementation requirements

                              Restricted to uses

                              Conditions

                              Perfluorooctane sulfonate (PFOS) (1)

                                          (a)

                                          Photo-resist or anti-reflective coatings for photolithography processes;

                                          (b)

                                          Photographic coatings applied to films, papers or printing plates;

                                          (c)

                                          Mist suppressants for non-decorative hard chromium (VI) plating and wetting agents for use in controlled electroplating systems;

                                          (d)

                                          Hydraulic fluids for aviation;

                                          (e)

                                          Certain medical devices (such as ethylene tetrafluoroethylene copolymer (ETFE) layers and radio-opaque ETFE production, in vitro diagnostic medical devices, and CCD colour filters).

                              Parties should take action to eliminate these uses once suitable alternatives are available.
                              No later than 2015 and every four years thereafter, each Party that uses these substances shall report on progress made to eliminate them and submit information on such progress to the Executive Body. Based on these reports, these restricted uses shall be reassessed.

            H.   Annex III

                  1.

                  The text under the heading ‘Reference year’ for each of the substances listed in Annex III shall be deleted and replaced by the following:
                  ‘1990; or an alternative year from 1985 to 1995 inclusive, or for countries with economies in transition, an alternative year from 1985 to the year of the entry into force of the Protocol for a Party, and as specified by that Party upon ratification, acceptance, approval or accession’

                  2.

                  In the listing for the substance Hexachlorobenzene, under the name of the substance shall be added the following text: ‘CAS: 118-74-1’.

                  3.

                  A listing for the substance PCBs shall be added by inserting at the end of the chart the following row:

                              ‘PCBs (c)

                              2005; or an alternative year from 1995 to 2010 inclusive, or for countries with economies in transition, an alternative year from 1995 to the year of the entry into force of the Protocol for a Party, and as specified by that Party upon ratification, acceptance, approval or accession.’

                  4.

                  A footnote shall be added after footnote (b) as follows:

                              ‘(c)

                              Polychlorinated biphenyls, as defined in Annex I, when formed and released unintentionally from anthropogenic sources.’

            I.   Annex IV

                  1.

                  In paragraph 2, inside the brackets, the word ‘and’ shall be deleted and the words ‘, and for a given oxygen content’ shall be added at the end.

                  2.

                  Paragraph 3 shall be deleted and replaced by the following text:

                              ‘3.

                              Limit values relate to the normal operating situation. For batch operations, limit values relate to average levels as recorded during the whole batch process — including for example pre-heating, heating and cooling.’

                  3.

                  In paragraph 4, the word ‘applicable’ shall be added before the word ‘standards’ and the words ‘for example’ shall be added before the words ‘the Comité.’

                  4.

                  Paragraph 6 shall be deleted and replaced by the following text and footnote:

                              ‘6.

                              Emissions of PCDD/F are given in total toxic equivalents (TEQ) (1). The toxic equivalence factor values to be used for the purposes of this Protocol shall be consistent with applicable international standards, including the World Health Organization 2005 mammalian toxic equivalence factor values for PCDD/F.

                     (1)  The total toxic equivalent (TEQ) is operationally defined by the sum of the products of the concentration of each compound multiplied by its toxic equivalency factor (TEF) value and is an estimate of the total 2,3,7,8-TCDD-like activity of the mixture. Total toxic equivalent was previously abbreviated as TE.’"

                  5.

                  Paragraph 7 shall be deleted and replaced by the following text and footnote:

                              ‘7.

                              The following limit values, which refer to 11 % O2 concentration in flue gas, apply to the following incinerator types:

                                          Municipal solid waste (existing stationary source burning more than 3 tonnes per hour and every new stationary source)
                                          0,1 ng TEQ/m3

                                          Medical solid waste (existing stationary source burning more than 1 tonne per hour and every new stationary source)

                                                      New stationary source:

                                                      0,1 ng TEQ/m3

                                                      Existing stationary source:

                                                      0,5 ng TEQ/m3

                                          Hazardous waste (existing stationary source burning more than 1 tonne per hour and every new stationary source)

                                                      New stationary source:

                                                      0,1 ng TEQ/m3

                                                      Existing stationary source:

                                                      0,2 ng TEQ/m3

                                          Non-hazardous industrial waste (2)
                                              (3)

                                                      New stationary source:

                                                      0,1 ng TEQ/m3

                                                      Existing stationary source:

                                                      0,5 ng TEQ/m3

                     (2)  Including incinerators treating biomass waste which may contain halogenated organic compounds or heavy metals as a result of treatment with wood- preservatives or coating, and which includes in particular biomass waste originating from construction and demolition waste, but excluding incinerators only treating other biomass waste."

                     (3)  Countries with economies in transition may exclude co-combustion of non-hazardous industrial waste in industrial processes where such waste is used as an additional fuel contributing up to 10 % of the energy,’"

                  6.

                  The following new paragraphs shall be added after paragraph 7:

                              ‘8.

                              The following limit value, which refers to 16 % O2 concentration in flue gas, applies to sinter-plants:
                              0,5 ng TEQ/m3

                              9.

                              The following limit value, which refers to the actual O2 concentration in flue gas, applies to the following source:
                              Secondary steel production — Electric arc furnaces with a capacity to produce more than 2,5 tonnes per hour of molten steel for further processing:
                              0,5 ng TEQ/m3’

            J.   Annex VI

                  1.

                  The existing text of the Annex shall be marked as paragraph 1.

                  2.

                  In paragraph (a), after the words ‘present Protocol’ shall be added the words ‘for a Party’.

                  3.

                  For paragraph (b) there shall be substituted:
                  ‘For existing stationary sources:

                              (i)

                              eight years after the date of entry into force of the present Protocol for a Party. If necessary this period may be extended for specific existing stationary sources in accordance with the amortization period provided for by national legislation; or

                              (ii)

                              for a Party that is a country with an economy in transition, up to 15 years after the date of entry into force of the present Protocol for that Party.’

                  4.

                  A new paragraph shall be added at the end of the Annex as follows:

                              ‘2.

                              The timescales for the application of limit values and best available techniques that have been updated or introduced as a result of amendment of this Protocol shall be:

                                          (a)

                                          for new stationary sources, two years after the date of entry into force of the relevant amendment for a Party;

                                          (b)

                                          for existing stationary sources:

                                                      (i)

                                                      eight years after the date of entry into force of the relevant amendment for a Party; or

                                                      (ii)

                                                      for a Party that is a country with an economy in transition, up to 15 years after the date of entry into force of the relevant amendment for that Party’.

            K.   Annex VIII

                  1.

                  In the second sentence of part I, before the words ‘Annex V’ shall be added the words ‘the guidance document referred to in’.

                  2.

                  The description of category 1 in the table in part II shall be deleted and replaced by the following text: ‘Waste incineration, including co-incineration, of municipal, hazardous, non-hazardous and medical wastes and sewage sludge.’

                  3.

                  The following new categories shall be added to the table in part II:

                              ‘13

                              Specific chemical production processes releasing unintentionally formed persistent organic pollutants, especially production of chlorophenols and chloranil.

                              14

                              Thermal processes in the metallurgical industry, chlorine-based methods.’

         (1)  Perfluorooctane sulfonate (PFOS) means substances defined by the molecular formula C8F17SO2X, where X = OH, metal salt, halide, amide or other derivatives including polymers.’

      AMENDMENTS TO THE PROTOCOL
      as set out in Article 1 of Decision 2009/2/EC of the Executive Body of the Convention
      A.   Annex I

                  1.

                  Listings for the following substances shall be added by inserting in appropriate alphabetical order the following rows:

                              ‘Polychlorinated naphthalenes (PCN)

                              Production

                              None

                              Use

                              None

                              Short-chain chlorinated paraffins (d)

                              Production

                              None, except for production for the uses specified in Annex II

                              Use

                              None, except for the uses specified in Annex II’

                  2.

                  The following footnote shall be added at the end of Annex I:

                              ‘(d)

                              Short-chain chlorinated paraffins means chlorinated alkanes with a carbon chain- length of 10 to 13 carbon atoms and the degree of chlorination of more than 48 % by weight.’

            B.   Annex II

                  1.

                  A listing for the following substance shall be added by inserting in appropriate alphabetical order the following row:

                              ‘Short-chain chlorinated paraffins (b)

                                          (a)

                                          Fire retardants in rubber used in conveyor belts in the mining industry;

                              Parties should take action to eliminate these uses once suitable alternatives are available

                                          (b)

                                          Fire retardants in dam sealants.

                              No later than 2015 and every four years thereafter, each Party that uses these substances shall report on progress made to eliminate them and submit information on such progress to the Executive Body. Based on these reports, these restricted uses shall be reassessed’

                  2.

                  The following footnote shall be added at the end of Annex II:

                              ‘(b)

                              Short-chain chlorinated paraffins means chlorinated alkanes with a carbon chain-length of 10 to 13 carbon atoms and the degree of chlorination of more than 48 % by weight.’


Avis juridique important

|

31979D0843

79/843/EEC: Council Decision of 9 October 1979 appointing a member of the Advisory Committee on Training in Nursing

Official Journal L 260 , 16/10/1979 P. 0009 - 0009

****( 1 ) OJ NO L 176 , 15 . 7 . 1977 , P . 11 .  ( 2 ) OJ NO L 18 , 25 . 1 . 1979 , P . 25 .        COUNCIL DECISION   OF 9 OCTOBER 1979   APPOINTING A MEMBER OF THE ADVISORY COMMITTEE ON TRAINING IN NURSING  ( 79/843/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO COUNCIL DECISION 77/454/EEC OF 27 JUNE 1977 SETTING UP AN ADVISORY COMMITTEE ON TRAINING IN NURSING  ( 1 ), AND IN PARTICULAR ARTICLES 3 AND 4 THEREOF ,   WHEREAS BY ITS DECISION 79/85/EEC ( 2 ) THE COUNCIL APPOINTED MR W . KEHM AS A MEMBER OF THE ABOVEMENTIONED COMMITTEE FOR THE PERIOD ENDING 14 JANUARY 1982 ;   WHEREAS THE GOVERNMENT OF THE FEDERAL REPUBLIC OF GERMANY NOMINATED MR H . PABEL ON 14 SEPTEMBER 1979 , WITH A VIEW TO REPLACING MR W . KEHM ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR HERMANN PABEL IS HEREBY APPOINTED A MEMBER OF THE ADVISORY COMMITTEE ON TRAINING IN NURSING IN PLACE OF MR WOLFGANG KEHM FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , I.E . UNTIL 14 JANUARY 1982 .   DONE AT LUXEMBOURG , 9 OCTOBER 1979 .   FOR THE COUNCIL   THE PRESIDENT   D . O ' MALLEY


title: Commission Decision of 14 December 2009 amending Decision 2004/407/EC as regards authorising imports of photographic gelatine into the Czech Republic (notified under document C(2009) 9899)

text:
               16.12.2009

               EN

               Official Journal of the European Union

               L 330/82

      COMMISSION DECISION

   of 14 December 2009
   amending Decision 2004/407/EC as regards authorising imports of photographic gelatine into the Czech Republic
   (notified under document C(2009) 9899)
   (Only the Czech, Dutch, English, French and German texts are authentic)
   (2009/960/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1774/2002 of European Parliament and of the Council of 3 October 2002 laying down health rules concerning animal by-products not intended for human consumption (1), and in particular Articles 4(4) and Article 32(1) thereof,
   Whereas:

               (1)

               Regulation (EC) No 1774/2002 prohibits the importation and transit of animal by-products and processed products into the Union, unless they are authorised in accordance with that Regulation.

               (2)

               Commission Decision 2004/407/EC of 26 April 2004 on transitional sanitary and certification rules under Regulation (EC) No 1774/2002 of the European Parliament and of the Council as regards import from certain third countries of photographic gelatine (2) provides that Belgium, Luxembourg, the Netherlands and the United Kingdom are to authorise the importation of certain gelatine exclusively intended for the photographic industry (photographic gelatine), in compliance with that Decision.

               (3)

               Decision 2004/407/EC provides that the importation of photographic gelatine is only authorised from the third countries listed in the Annex to that Decision, namely Japan and the United States of America. In accordance with that Decision, imported consignments have to be transported to the plant of destination under strict channelling conditions, in order to prevent potential risks to public and animal health.

               (4)

               The Czech Republic has submitted a request for the authorisation of imports of photographic gelatine from those third countries to an establishment on its territory. The Czech Republic has confirmed that the strict channelling conditions under Decision 2004/407/EC will be applied in order to prevent potential health risks.

               (5)

               Accordingly, and pending the review of the technical requirements for the import of animal by-products under the revised Animal by-products Regulation (3) the Czech Republic should be allowed to authorise the importation of photographic gelatine subject to compliance with the conditions set out in Decision 2004/407/EC. However, for geographical reasons, those imports may take place via Germany.

               (6)

               Decision 2004/407/EC should therefore be amended accordingly.

               (7)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2004/407/EC is amended as follows:

               1.

               Article 1 is replaced by the following:
               ‘Article 1
               Derogation regarding the import of photographic gelatine
               By way of derogation from Article 29(1) of Regulation (EC) No 1774/2002, Belgium, the Czech Republic, Luxembourg, the Netherlands and the United Kingdom shall authorise the import of gelatine produced from materials containing bovine vertebral column classified as Category 1 material under that Regulation, exclusively intended for the photographic industry (photographic gelatine), in compliance with this Decision.’

               2.

               Article 9 is replaced by the following:
               ‘Article 9
               Addresses
               This Decision is addressed to the Kingdom of Belgium, the Czech Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland.’

               3.

               Annexes I and III are amended in accordance with the Annex to this Decision.

         Article 2
   This Decision shall apply from 1 January 2010.
   Article 3
   This Decision is addressed to the Kingdom of Belgium, the Czech Republic, the Grand Duchy of Luxembourg, the Kingdom of the Netherlands and the United Kingdom of Great Britain and Northern Ireland.

      Done at Brussels, 14 December 2009.

            For the Commission

         Androulla VASSILIOU

            Member of the Commission

      (1)  OJ L 273, 10.10.2002, p. 1.

      (2)  OJ L 151, 30.4.2004, p. 11.

      (3)  Regulation No 1069/2009 of the European Parliament and of the Council (OJ L 300, 14.11.2009, p. 1).

      ANNEX
      Annexes I and III are amended as follows:

                  1.

                  Annex I is replaced by the following:

                     ‘ANNEX I

                        THIRD COUNTRIES AND PLANTS OF ORIGIN, MEMBER STATES OF DESTINATION, BORDER INSPECTION POSTS OF FIRST ENTRY INTO THE UNION AND APPROVED PHOTOGRAPHIC FACTORIES

                                 Third country of origin

                                 Plants of origin

                                 Member State of destination

                                 Border inspection post of first entry into the Union

                                 Approved photographic factories

                                 Japan

                                             Nitta Gelatin Inc.

                                             2-22 Futamata

                                             Yao-City, Osaka

                                             581 – 0024 Japan

                                             Jellie Co. ltd.

                                             7-1, Wakabayashi 2-Chome,

                                             Wakabayashi-ku,

                                             Sendai-city, Miyagi,

                                             982 Japan

                                             NIPPI Inc. Gelatin Division

                                             1 Yumizawa-Cho

                                             Fujinomiya City Shizuoka

                                             418 – 0073 Japan

                                 the Netherlands

                                 Rotterdam

                                             FUJIFILM Europe B.V.,

                                             Oudenstaart 1

                                             5047 TK Tilburg,

                                             The Netherlands

                                             Nitta Gelatin Inc.

                                             2-22 Futamata

                                             Yao-City, Osaka

                                             581 – 0024, Japan

                                 United Kingdom

                                 Liverpool Felixstowe

                                             Kodak Ltd Headstone Drive, Harrow, MIDDX

                                             HA4 4TY,

                                             The United Kingdom

                                 Czech Republic

                                 Hamburg

                                             FOMA BOHEMIA spol. s r.o.

                                             Jana Krušinky 1604

                                             501 04 Hradec Králove,

                                             The Czech Republic

                                 United States of America

                                             Eastman Gelatine Corporation,

                                             227 Washington Street,

                                             Peabody, MA, 01960 USA

                                             Gelita North America,

                                             2445 Port Neal Industrial Road Sergeant Bluff, Iowa, 51054 USA

                                 Luxembourg

                                 Antwerp
                                 Zaventem
                                 Luxembourg

                                             DuPont Teijin

                                             Luxembourg SA

                                             PO Box 1681

                                             L-1016

                                             Luxembourg

                                 United Kingdom

                                 Liverpool
                                 Felixstowe

                                             Kodak Ltd

                                             Headstone Drive,

                                             Harrow, MIDDX HA4 4TY,

                                             The United Kingdom

                                             Eastman Gelatine Corporation, 227 Washington Street,

                                             Peabody, MA, 01960 USA

                                 Czech Republic

                                 Hamburg

                                             FOMA BOHEMIA spol. s r.o.

                                             Jana Krušinky 1604

                                             501 04 Hradec Králove,

                                             The Czech Republic’

                  2.

                  Annex III is replaced by the following:

                     ‘ANNEX III

                        MODEL HEALTH CERTIFICATES FOR THE IMPORTATION FROM THIRD COUNTRIES OF TECHNICAL GELATINE TO BE USED BY THE PHOTOGRAPHIC INDUSTRY

                        Notes

                                 (a)

                                 Veterinary certificates for the importation of technical gelatine to be used by the photographic industry shall be produced by the exporting country, based on the model appearing in this Annex III. They shall contain the attestations that are required for any third country and, as the case may be, those supplementary guarantees that are required for the exporting third country or part thereof.

                                 (b)

                                 The original of each certificate shall consist of a single page, both sides, or, where more text is required, it shall be in such a form that all pages needed are part of an integrated whole and indivisible.

                                 (c)

                                 It shall be drawn up in at least one of the official languages of the EU Member State in which the inspection at the EU border inspection post shall be carried out and of the EU Member State of destination. However, these Member States may allow other languages, if necessary, accompanied by an official translation.

                                 (d)

                                 If for reasons of identification of the items of the consignment, additional pages are attached to the certificate, these pages shall also be considered as forming part of the original of the certificate by the application of the signature and stamp of the certifying official veterinarian, in each of the pages.

                                 (e)

                                 When the certificate, including additional schedules referred to in (d), comprises more than one page, each page shall be numbered — (page number) of (total number of pages) — on its bottom and shall bear the code number of the certificate that has been designated by the competent authority on its top.

                                 (f)

                                 The original of the certificate must be completed and signed by an official veterinarian. In doing so, the competent authorities of the exporting country shall ensure that the principles of certification equivalent to those laid down in Council Directive 96/93/EC are followed.

                                 (g)

                                 The colour of the signature shall be different to that of the printing. The same rule applies to stamps other than those embossed or watermark.

                                 (h)

                                 The original of the certificate must accompany the consignment at the EU border inspection post until it reaches the photographic factory of destination.


title: EFTA Surveillance Authority Decision No 397/09/COL of 14 October 2009 amending, for the 72nd time, the procedural and substantive rules in the field of State aid by introducing a new chapter on State aid to ship management companies

text:
               1.12.2011

               EN

               Official Journal of the European Union

               L 318/51

         EFTA SURVEILLANCE AUTHORITY DECISION
   No 397/09/COL
   of 14 October 2009
   amending, for the 72nd time, the procedural and substantive rules in the field of State aid by introducing a new chapter on State aid to ship management companies
   THE EFTA SURVEILLANCE AUTHORITY (1),
   HAVING REGARD to the Agreement on the European Economic Area (2), in particular to Articles 61 to 63 and Protocol 26 thereof,
   HAVING REGARD to the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice (3), in particular to Article 24 and Article 5(2)(b) thereof,
   WHEREAS under Article 24 of the Surveillance and Court Agreement, the Authority shall give effect to the provisions of the EEA Agreement concerning State aid,
   WHEREAS under Article 5(2)(b) of the Surveillance and Court Agreement, the Authority shall issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressly so provides or if the Authority considers it necessary,
   RECALLING the Procedural and Substantive Rules in the Field of State Aid adopted on 19 January 1994 by the Authority (4),
   WHEREAS, on 10 June 2009, the Commission of the European Communities (hereinafter EC Commission) adopted a Communication providing guidance on State aid to ship management companies (5),
   WHEREAS this Communication is also of relevance for the European Economic Area,
   WHEREAS uniform application of the EEA State aid rules is to be ensured throughout the European Economic Area,
   WHEREAS, according to point II under the heading ‘GENERAL’ at the end of Annex XV to the EEA Agreement, the Authority, after consultation with the Commission, is to adopt acts corresponding to those adopted by the European Commission,
   HAVING consulted the European Commission,
   HAVING consulted the EFTA States by way of a letter dated 31 August 2009 (Event Nos 526393, 526395 and 526367),
   HAS ADOPTED THIS DECISION:
   Article 1
   The State Aid Guidelines shall be amended by introducing a new chapter on guidance on State aid to ship management companies. The new chapter is contained in the Annex to this Decision.
   Article 2
   Only the English version is authentic.

      Done at Brussels, 14 October 2009.

            For the EFTA Surveillance Authority

         Per SANDERUD

            President

         Kristján Andri STEFÁNSSON

            College Member

      (1)  Hereinafter referred to as the Authority.

      (2)  Hereinafter referred to as the EEA Agreement.

      (3)  Hereinafter referred to as the Surveillance and Court Agreement.

      (4)  Guidelines on the application and interpretation of Articles 61 and 62 of the EEA Agreement and Article 1 of Protocol 3 to the Surveillance and Court Agreement, adopted and issued by the Authority on 19 January 1994, published in the Official Journal of the European Union (hereinafter referred to as OJ) L 231, 3.9.1994, p. 1, and EEA Supplement No 32 of 3.9.1994, p. 1. Hereinafter referred to as the State Aid Guidelines. The updated version of the State Aid Guidelines is published on the Authority’s website: http://www.eftasurv.int/state-aid/legal-framework/state-aid-guidelines/

      (5)  OJ C 132, 11.6.2009, p. 6.

      ANNEX

         GUIDANCE ON STATE AID TO SHIP MANAGEMENT COMPANIES

      1.   Scope

      This Chapter deals with the eligibility of crew and technical managers of ships for the reduction of corporate tax or the application of the tonnage tax under Section 3.1 of the Chapter on State Aid to maritime transport (1) (hereinafter ‘the Maritime Guidelines’). It does not deal with State aid to commercial managers of ships. This Chapter applies to crew and technical management irrespectively of whether they are individually provided or jointly provided to the same ship.
      2.   Introduction

      2.1.   General context

      The Maritime Guidelines provide for the possibility that ship management companies qualify for the tonnage tax or other tax arrangements for shipping companies (Section 3.1). However, eligibility is limited to the joint provision of both technical and crew management for a same vessel (‘full management’), while those activities are not eligible to the tonnage tax or other tax arrangements when provided individually.
      The Maritime Guidelines stipulate that the EFTA Surveillance Authority (hereinafter the ‘Authority’) will examine the effects of the Maritime Guidelines on ship management after three years (2). This Chapter sets out the results of that fresh assessment and draws conclusions on the eligibility of ship management companies for State aid.
      2.2.   Ship management

      Ship management companies are entities providing different services to ship owners, such as technical survey, crew recruiting and training, crew management and vessel operation. There are three main categories of ship management services: crew management, technical management and commercial management.
      Crew management consists, in particular, in dealing with all the matters relating to crew, such as selecting and engaging suitably qualified seafarers, issuing payrolls, ensuring the appropriateness of the manning level of ships, checking the certifications of seafarers, providing for seafarers’ accident and disability insurance coverage, taking care of travel and visa arrangements, handling medical claims, assessing the performance of the seafarers and, in some cases, training them. Crew management represents by far the largest part of the ship management industry worldwide.
      Technical management consists in ensuring the seaworthiness of the vessel and its full compliance with technical, safety and security requirements. In particular, the technical manager is responsible for making decisions on the repair and maintenance of a ship. Technical management represents a significant part of the ship management industry, although much smaller than crew management.
      Commercial management consists in promoting and ensuring the sale of ships’ capacity, by means of chartering the ships, taking bookings for cargo or passengers, ensuring marketing and appointing agents. Commercial management represents a very small part of the ship management industry. To date the Authority does not have complete information about commercial management at its disposal. Commercial management is therefore not addressed by this Chapter.
      Like any maritime activity, ship management is a global business by nature. In the absence of international law regulating third party ship management, the standards in this field have been settled within the framework of private law agreements (3).
      In the EEA, ship management is mainly carried out in Cyprus. There are, however, ship management companies in the United Kingdom, Germany, Denmark, Belgium and the Netherlands. Outside the EEA, the management companies are mainly established in Hong Kong, Singapore, India, United Arab Emirates and the USA.
      2.3.   Review of the eligibility conditions for ship management companies

      Since the adoption of the Maritime Guidelines in March 2004, several maritime countries have entered the EEA, amongst them Cyprus, which features the largest ship management industry in the world.
      The accession of Cyprus and its preliminary work for complying with the Maritime Guidelines, as well as a study realised by a consortium for the administration of that EEA State (4), allowed for a more complete understanding of this activity and of its evolution. More awareness has been acquired in particular in respect of the link between technical and crew management on the one hand, and shipping on the other, as well as the possibility that crew and/or technical managers can help achieving the objectives of the Maritime Guidelines.
      3.   Assessment of eligibility of ship management companies

      Unlike other maritime-related services, ship management is a standard core activity of maritime carriers, normally provided in-house. Ship management is one of the most characteristic activities of ship operators. Nowadays, however, it is outsourced to third party ship management companies in some cases. It is because of this link between ship management and shipping that third party management companies are professional operators with the same background as ship owners, although segmented according to their specialisation, operating in their same business environment. Ship owners are the only customers of ship management companies.
      Against this background the Authority considers that outsourcing of ship management should not be fiscally penalised with respect to in-house ship management, provided that the ship management companies meet the same requirements as are applicable to ship owners and that the provision of the aid to the former contributes to the achievement of the objectives of the Maritime Guidelines in the same way as the provision of aid to ship owners.
      In particular, the Authority considers that, precisely because of their specialisation and the nature of their core business, ship management companies may substantially contribute to the achievement of the objectives of the Maritime Guidelines, in particular the achievement of an ‘efficient, secure and environment friendly maritime transport’ and of the ‘consolidation of the maritime cluster established in the EEA States’ (5).
      4.   Extension to ship management companies of eligibility to State aid

      On the basis of what has been explained in Section 3 above, the Authority will authorise under Article 61(3)(c) of the EEA Agreement, tax relief for ship management companies, as referred to in Section 3.1 of the Maritime Guidelines, with respect to joint or separate crew and technical management of ships, provided that the conditions set out in Sections 5 and 6 of this Chapter are fulfilled.
      5.   Conditions for eligibility applicable to both technical and crew managers

      In order to qualify for aid, ship management companies should present a clear link with the EEA and its economy, in line with Section 3.1 of the Maritime Guidelines. Moreover, they should contribute to the objectives of the Maritime Guidelines, such as those laid down in Section 2.2 of the said Guidelines. Technical and crew managers are eligible to State aid, provided that the ships they manage comply with all the requirements set out in Sections 5.1 to 5.4 of this Chapter. Eligible activities must be entirely carried out from the territory of the EEA.
      5.1.   Contribution to the economy and employment within the EEA

      The economic link with the EEA is proven by the fact that ship management is carried out in the territory of one or more EEA States and that mainly EEA nationals are employed in land-based activities or on ships.
      5.2.   Economic link between the managed ships and the EEA

      Ship management companies may benefit from State aid with respect to ships entirely managed from the territory of the EEA, irrespective of whether management is provided in-house or whether it is partially or totally outsourced to one or more ship management companies.
      However, since ship management companies do not have full control of their customers, the above requirement is deemed to be fulfilled if at least two thirds of the tonnage of the managed ships is managed from the territory of the EEA. Tonnage in excess of that percentage which is not entirely managed from the EEA is not eligible (6).
      5.3.   Compliance with international and Community standards

      Ship management companies are eligible if all the ships and crews they manage comply with international standards and Community law requirements are fulfilled, in particular those relating to security, safety, training and certification of seafarers, environmental performance and onboard working conditions.
      5.4.   Flag-share requirement (flag link)

      The flag-share requirement, as laid down in the eighth paragraph of Section 3.1 of the Maritime Guidelines applies to ship management companies. The share of EEA flags to be considered as the benchmark is that of the day on which this Chapter is adopted. For new companies the benchmark is to be calculated one year after the date on which they started activity.
      6.   Additional requirements for crew managers

      6.1.   Training of seafarers

      Crew managers are eligible for State aid as long as all seafarers working onboard managed ships are educated, trained and hold a certificate of competency in accordance with the Convention of the International Maritime Organisation on Standards of Training, Certification and Watchkeeping for Seafarers, 1978, as amended (STCW), and have successfully completed training for personal safety on board ship. Moreover, crew managers are eligible if they fulfil the STCW and Community law requirements regarding responsibilities of companies.
      6.2.   Social conditions

      In order to be eligible for State aid, crew managers must ensure that on all managed ships the provisions of the Maritime Labour Convention, 2006, of the International Labour Organisation (‘MLC’) (7), are fully implemented by the seafarer’s employer, be it the ship owner or the ship management companies. The ship management companies must ensure, in particular, that the provisions of the MLC concerning the seafarer’s employment agreement (8), ship’s loss or foundering (9) medical care (10), ship owner’s liability including payment of wages in case of accident or sickness (11), and repatriation (12) are properly applied.
      Crew managers must also ensure that the international standards regarding hours of work and hours of rest provided for by MLC are fully complied with.
      Finally, in order to be eligible, crew managers must also provide financial security to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard.
      7.   Calculation of tax

      Also in the case of ship management companies the Authority will apply the principle contained in the Maritime Guidelines, according to which, in order to avoid distortion, it will only authorise schemes giving rise to a homogeneous tax load across the EEA States for the same activity or the same tonnage. This means that total exemption or equivalent schemes will not be authorised (13).
      The tax to be used for ship management companies can obviously not be the same as that applied to ship owners since, with respect to a given ship, the turnover of the ship management companies is much lower than that of the ship owner. According to the study mentioned in Section 2.3, as well as to notifications received in the past, the tax base to be applied to ship management companies should be approximately 25 % (in terms of tonnage or notional profits) of that which would apply to the ship owner for the same ship or tonnage. The Authority therefore, requires that a percentage of no less than 25 % is applied under ship management tonnage tax schemes (14).
      If ship management companies engage in activities which are not eligible for State aid under the present Chapter, they must keep separate accounts for those activities.
      In case ship management companies subcontract part of their activity to third parties, the latter are not eligible to State aid.
      8.   Application and review

      The Authority will apply the guidance provided in this Chapter from the date of adoption.
      State aid to ship management companies will be included in the general revision of the Maritime Guidelines such as foreseen in Section 13 of the latter.

         (1)  Available on the EFTA Surveillance Authority’s website: http://www.eftasurv.int/state-aid/legal-framework/state-aid-guidelines/

         (2)  See footnote 20 of the Maritime Guidelines.

         (3)  An example is the BIMCO’s Standard Ship Management Agreement ‘Shipman 98’ which is frequently used in relations between ship management companies and ship owners.

         (4)  Study on ship management in Cyprus and in the European Union of 31 May 2008, carried out for the Cypriot government by a consortium under the direction of the Vienna University of Economics and Business Administration.

         (5)  Section 2.2 of the Maritime Guidelines.

         (6)  While the fact of not complying with the 2/3 rule does not affect the eligibility of the ship management company as such.

         (7)  It should be recalled that the European social partners adopted an agreement taking up the relevant part of the maritime Labour Convention 2006 which has been integrated into Community law by Council Directive 2009/13/EC of 16 February 2009 implementing the Agreement concluded by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF) on the Maritime Labour Convention, 2006, and amending Directive 1999/63/EC (OJ L 124, 20.5.2009, p. 30). Directive 2009/13/EC is in the process of being incorporated into the EEA Agreement.

         (8)  Regulation 2.1 and Standard A2.1 (Seafarer’s employment agreement) of Title 2 of MLC.

         (9)  Ibid. Regulation 2.6 and Standard A2.6 (Seafarer compensation for the ship’s loss or foundering) of Title 2.

         (10)  Ibid. Regulation 4.1 and Standard A4.1 (Medical care onboard ship and ashore. Shipowners’ liability); Regulation 4.3 and A4.3 (Health and safety protection and accident prevention); Regulation 4.4 (Access to shore-based welfare facilities) of Title 4.

         (11)  Ibid. Regulation 4.2 and Standard A4.2 (Shipowners’ liability) of Title 4.

         (12)  Ibid. Regulation 2.5 and Standard A2.5 (Repatriation) of Title 2.

         (13)  The Authority takes this opportunity within the present chapter of its Guidelines to emphasise that the mechanism used to calculate the tax to be paid by both ship management companies and ship owners is irrelevant as such; in particular, it is irrelevant whether or not a system based on notional profit is applied.

         (14)  The ship owner, if eligible, remains liable for the whole tonnage tax.


title: 2012/580/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/213

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2010
   (2012/580/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Maritime Safety Agency for the financial year 2010, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               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 (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (3), and in particular Article 19 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 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0137/2012),

               1.

               Grants the Executive Director of the European Maritime Safety Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2010;

               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 Maritime Safety Agency, 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

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 52.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 208, 5.8.2002, p. 1.

      (4)  OJ L 357, 31.12.2002, p. 72.
   ANNEX

      EUROPEAN PARLIAMENT RECOMMENDATIONS OVER PAST YEARS

               European Maritime Safety Agency

               2006

               2007

               2008

               2009

               Performance

               n.a.

                           —

                           Incorrect budget presentation

                           —

                           The Agency failed to prepare a multiannual work programme and its annual work programme was not related to its commitment budget

                           —

                           Calls on the Agency to set SMART objectives and RACER indicators, as well as to make a Gannt diagram→promoting a result-oriented approach

                           —

                           Calls on the Agency to set out a diachronic analysis of operations carried out in this and the previous years

                           —

                           Calls on the Agency to consider making a Gannt diagram part of the programming for each of its operational activities

                           —

                           Calls on the Agency to set out a comparison of the operations that were carried out during the year for which the discharge is to be granted and during the previous financial year

               Budgetary and financial management

               The procedures for establishing the budget and the establishment plan were not sufficiently rigorous→ inadequate planning of staff recruitment and incorrect budget presentation

                           —

                           The budgetary principle of accuracy was not strictly observed

                           —

                           Some contracts allowed for 100 % pre-financing: this practice is not in line with the principles of sound financial management

                           —

                           Incorrect budget presentation: for differentiated appropriations, the budget did not include the schedule of payments due in subsequent financial years to meet budget commitments entered into earlier financial year

                           —

                           Legal commitments were entered into before the corresponding budgetary commitments

                           —

                           The procedures for establishing the budget were not sufficiently rigorous→high number of budgetary transfers (32 in 2007)

                           —

                           Weaknesses in the planning and monitoring of the payment appropriations for operational activities (EUR 7 500 000 have been cancelled)

                           —

                           Calls on the Agency to step up its training and communication efforts in order to avoid situations in which legal commitments are entered before the corresponding budgetary commitments were made

                           —

                           Calls on the Commission to examine ways to ensuring that the principle of needs-based cash management is implemented

                           —

                           Court of Auditors noted the high number of budget transfers in 2009, urges the Agency to improve its planning and monitoring in order to reduce the number of budget transfers

                           —

                           Urges the Agency to correctly apply procurement procedures

               Human resources

               n.a.

                           —

                           Transparency issues in the recruitment procedures: for the audited recruitment procedures, the selection criteria and the threshold scores for passing to the next stage of competitions were not decided upon before the evaluation process started

                           —

                           Calls on improving human resources strategy→ transparency issues (see Internal audit)

                           —

                           Notes deficiencies in staff selection procedures, urges the Agency to redress the present weaknesses

               Internal audit

               n.a.

               n.a.

                           —

                           Calls on the Agency to take steps to fulfil 7 out of 32 recommendations made by the Internal Audit Service → i.e. the adoption of the Staff Regulation Implementing Rules regarding the recruitment of temporary staff in accordance with the Staff Regulations; the controls in the selection procedure to ensure more transparency and equal treatment of candidates; the development of a career planning strategy

                           —

                           Calls on the Agency to rapidly implement the IAS very important recommendations, stresses in particular:

                                       —

                                       provide strategic planning and monitor the Agency’s stakeholders with an overview of the residual oil pollution risks;

                                       —

                                       comply with administrative procedures;

                                       —

                                       analyse possible options for equipment management and evaluation of their financial and operational impact;

                                       —

                                       document vessels mobilisation decisions;

                           —

                           Notes that the IAS recommendations which still need to be implemented by the Agency include establishing;

                                       —

                                       an internal risk assessment;

                                       —

                                       an inventory of existing internal procedures;

                                       —

                                       a roadmap for the development and implementation of the remaining procedures;

                                       —

                                       a record of the exceptions procedures; and

                                       —

                                       a review of the internal control system

          ---documentbreak---

               17.10.2012

               EN

               Official Journal of the European Union

               L 286/214

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   with observations forming an integral part of its Decision on discharge in, respect of the implementation of the budget of the European Maritime Safety Agency for the financial year 2010
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Maritime Safety Agency for the financial year 2010, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               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 (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (3), and in particular Article 19 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 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0137/2012),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts of the European Maritime Safety Agency (‘the Agency’) for the financial year 2010 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas on 10 May 2011 Parliament granted the Executive Director of the Agency discharge for implementation of its budget for the financial year 2009 (5), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           called on the Agency to consider making a Gantt diagram part of the programming for each of its operational activities, with a view to indicating in a concise form the amount of time spent by each staff member on a project and encouraging an approach geared towards achieving results; calls, accordingly, on the Agency to inform the discharge authority of the steps taken by the Agency in that respect;

                           —

                           urged the Agency to correctly apply procurement procedures but welcomed the fact that in its 2009 Annual Activity Report (AAR) the Agency included a specific Annex on negotiated procedures, in order to inform the budgetary authority,

               C.

               whereas the budget of the Agency for the financial year 2010 was EUR 54 400 000 compared to EUR 53 300 000 in 2009, which was an increase of 6,1 %; whereas the contribution of the Union to the budget of the Agency for 2010 was EUR 31 949 360 compared to EUR 24 435 000 in 2009 (6), which represents an increase of 30,75 %,

      Budget and Financial Management

               1.

               Acknowledges from the Agency that it received EUR 54 400 000 in commitment appropriations and EUR 50 600 000 in payment appropriations; takes note that this is an increase of 11,21 % in commitment appropriations, but a decrease of 5,33 % in payment appropriations compared to 2009;

               2.

               Notes from the Agency’s Report on Budgetary and Financial Management that, in 2010, the Agency had a budget execution rate of 98 % in terms of committed appropriations and of 89 % in terms of payment appropriations; notes also that, compared to 2009, the Agency’s budget execution rates increased for both commitment appropriations (+ 4 %) and payment appropriations (+ 8 %); calls on the Agency to take the necessary action to further improve its budget implementation and to keep the discharge authority regularly informed on this matter;

      Carry-overs

               3.

               Notes from the Agency’s Report on Budgetary and Financial Management that the amount of appropriations carried over from 2010 to 2011 to cover unpaid commitments at year-end amounted to EUR 1 214 272,92; understands from the Agency that this level of carry-overs is 43 % lower compared to 2009; calls nevertheless on the Agency to take further action to decrease its carry-overs and respect the principle of annuality;

               4.

               Regrets that the Court of Auditors did not mention the Agency’s appropriations carried over and cancelled in its report on the annual accounts of the Agency for the financial year 2010;

      ‘A posteriori’ commitments

               5.

               Acknowledges that following the request of the Parliament the Agency has included in its 2010 AAR specific information on a posteriori commitments (i.e. legal commitments that were entered into before the corresponding budgetary commitments were made); notes the Agency’s efforts to reduce a posteriori commitments (from more than 20 in 2007 to 5 in 2010); but is concerned that such commitments are an infringement of Article 62(1) of the framework Financial Regulation and that the Agency has perpetuated this deficiency since 2006;

      Procurement procedure

               6.

               Acknowledges from the Agency’s AAR that the Legal and Financial Affairs unit dealt with a total of 54 procurement procedures in 2010;

               7.

               Urges the Agency to correctly apply procurement procedures and ensure adequate data on planned public procurement in its Annual Work Programme (AWP); in particular, considers it a matter of concern that the AWP does not explicitly disclose all information referred to in the Financial Regulation and its implementing rules; reminds the Agency that if a financing decision on planned operational procurement is not adequately supported by underlying data then this may call into question the validity of the Agency’s decision; notes from the Agency that as from 2011, a specific annex has been introduced in the Final Work programme, with an indication of the global budgetary envelope reserved for the procurements during the year, an indicative number of the contracts and indicative timeframes grouped per activities;

               8.

               Calls on the Agency to ensure accurate and timely reporting on negotiated procedures to the Administrative Board; acknowledges, in fact, that the Agency’s negotiated procedures, which should be used under strictly defined conditions, are not necessarily reported to the Administrative Board;

      Human resources

               9.

               Is concerned that the independence of the Accounting Officer of the Agency was reported to be at risk in 2010; notes, in fact, that:

                           —

                           his appointment was still at ‘interim’ at the beginning of the year;

                           —

                           his responsibilities were not formally defined; and

                           —

                           the evaluation of the performance of his duties was made by the Agency’s Executive Director without any involvement of the Administrative Board;

               10.

               Welcomes the decision of the Administrative Board of 14 June 2010 to formalise the appointment of the Accounting Officer of the Agency; notes the decision of the Administrative Board of 10 November 2011 amending the general provision for implementing Article 43 of the Staff Regulations that clarifies the role of the Administrative Board towards the Accounting Officer;

               11.

               Underlines nevertheless that weaknesses remain with regard to the Accounting Officer, notably concerning the definition of his responsibilities and the evaluation of the performance of his duties; notes that the Agency has taken actions to remedy the earlier reported situation;

      Performance

               12.

               Welcomes the fact that the Agency adopted in March 2010 its five-year multiannual work programme; notes also that the 2010 Annual Report of the Agency reports for each operational activity the input, outcome of its activity and, for comparison, each entry also provides the planned input and output, as stated in the agency Work Programme for 2010;

               13.

               Regrets that in its annual report for 2010 the Court of Auditors did not make any reference to Agency’s budget transfers; considers that the high number of budget transfers in the Agency was a matter of concern for the Parliament during the previous years (49 in 2009, 52 in 2008 and 32 in 2007); asks, therefore, the Court of Auditors to inform immediately the discharge authority of the situation as regards transfers in 2010;

               14.

               Reiterates its call to the Agency to consider making a Gantt diagram part of the programming for each of its operational activities, in order to indicate in a concise form the amount of time spent by each staff member on a project and encourage an approach geared towards achieving results; calls, accordingly, on the Agency to inform the discharge authority of the concrete steps taken;

               15.

               Draws attention to the new tasks assigned to the Agency in the proposal for a regulation amending its founding Regulation (EC) No 1406/2002; calls on the Commission to increase the resources allocated to the Agency and on the Agency to manage those resources soundly and effectively so as to properly fulfil the new responsibilities entrusted to it on the basis of that Regulation;

      Internal audit

               16.

               Acknowledges that the Agency still has to implement 15 ‘very important’ recommendations from the Internal Audit Service; is concerned that the implementation of 8 of these recommendations has been delayed by 6-12 months, while one has been rejected; notes that the first 11 ‘very important’ recommendations concern the legal and financial decision-making process, the human resources management and the internal control standards; notes also that the rejected recommendation concerns the responsibility for the performance evaluation of the Accounting Officer; urges, therefore, the Agency to explain to the discharge authority the reasons behind this rejection and calls on the Agency to take action on the delayed recommendations;

               17.

               Notes the Agency’s initiative of sharing an Internal Audit function (Internal Audit Capability-IAC) with the Community Fisheries Control Agency;

               18.

               Acknowledges in particular that the IAC provided internal consultancy regarding internal control issues such as:

                           —

                           the development of the Business Continuity Plan for maritime applications;

                           —

                           the development of the Business Continuity Plan for support activities;

                           —

                           the procedure for Registration of Exceptions;

                     notes the Agency’s statement that the Business Continuity Plan for maritime applications, the Business Continuity Plan for support activities and the procedure for Registration of Exceptions have been adopted;

               19.

               Draws attention to its recommendations from previous discharge reports, as set out in the Annex to this resolution;

               20.

               Refers the Agency to, and urges it to comply with, the Resolution of the European Parliament of 10 May 2011 on the 2009 discharge: performance, financial management and control of EU agencies (7);

               21.

               Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2012 (8) on the performance, financial management and control of the agencies.

      (1)  OJ C 366, 15.12.2011, p. 52.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 208, 5.8.2002, p. 1.

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

      (5)  OJ L 250, 27.9.2011, p. 181.

      (6)  OJ L 64, 12.3.2010, p. 615.

      (7)  OJ L 250, 27.9.2011, p. 269.

      (8)  Texts adopted, P7_TA(2012)0164 (see page 388 of this Official Journal).