title: 2006/35/EC: Council Decision of  23 January 2006  on the principles, priorities and conditions contained in the Accession Partnership with Turkey

text:
               26.1.2006

               EN

               Official Journal of the European Union

               L 22/34

      COUNCIL DECISION

   of 23 January 2006
   on the principles, priorities and conditions contained in the Accession Partnership with Turkey
   (2006/35/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 390/2001 of 26 February 2001 on assistance to Turkey in the framework of the pre-accession strategy, and in particular on the establishment of an Accession Partnership (1), and in particular to Article 2 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Regulation (EC) No 390/2001 provides that the Council is to decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership, as it will be submitted to Turkey, as well as on subsequent significant adjustments applicable to it.

               (2)

               On that basis the Council adopted an Accession Partnership with Turkey in 2001 and 2003 (2).

               (3)

               The Commission's 2004 recommendation on Turkey stressed that the European Union should continue the monitoring of the political reform process and that a revised Accession Partnership should be proposed in 2005.

               (4)

               In December 2004, the European Council concluded that the European Union will continue to monitor closely progress of the political reforms on the basis of an Accession Partnership setting out priorities for the reform process.

               (5)

               On 3 October 2005, the Member States started negotiations with Turkey on its accession to the European Union. The advancement of the negotiations will be guided by Turkey's progress in preparing for accession, which will be measured, inter alia, against the implementation of the Accession Partnership, as regularly revised.

               (6)

               In order to prepare for membership, Turkey is expected to develop a plan with a timetable and specific measures to address the priorities of this Accession Partnership,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The principles, priorities, intermediate objectives and conditions in the Accession Partnership for Turkey are set out in the Annex hereto, which forms an integral part of this Decision.
   Article 2
   The implementation of the Accession Partnership shall be examined and monitored in the bodies established under the Association Agreement and by the Council on the basis of annual reports by the Commission.
   Article 3
   This Decision shall take effect on the third day following its publication in the Official Journal of the European Union.

      Done at Brussels, 23 January 2006.

            For the Council

            The President

         J. PRÖLL

      (1)  OJ L 58, 28.2.2001, p. 1.

      (2)  Decision 2001/235/EC (OJ L 85, 24.3.2001, p. 13) and Decision 2003/398/EC (OJ L 145, 12.6.2003, p. 40).

      ANNEX
      TURKEY: 2005 ACCESSION PARTNERSHIP
      1.   INTRODUCTION
      At its meeting in Luxembourg in December 1997, the European Council decided that the Accession Partnership would be the key feature of the enhanced pre-accession strategy, mobilising all forms of assistance to the candidate countries within a single framework. In this manner, the Community targets its assistance towards the specific needs of each candidate so as to provide support for overcoming particular problems with a view to accession.
      The first Accession Partnership for Turkey was adopted by the Council in March 2001. In the Commission's Strategy Paper on enlargement of October 2002, it was stated that the Commission would propose a revised Accession Partnership for Turkey. A revised Accession Partnership was then presented by the Commission in March 2003 and adopted by the Council in May of the same year. In its recommendation of October 2004, the Commission proposed that, with a view to guaranteeing the sustainability and the irreversibility of the political reform process, the EU should continue to monitor closely progress of the political reforms. In particular, the Commission proposed the adoption of a revised Accession Partnership in 2005.
      Turkey is expected to develop a plan including a timetable and specific measures foreseen to address the Accession Partnership priorities.
      The revised Accession Partnership provides the basis for a number of policy instruments which will be used to help the candidate state in the preparations for membership. In particular, the revised Accession Partnership will serve as a basis for future political reforms and as a yardstick against which to measure future progress.
      2.   PRINCIPLES
      The main priorities identified for Turkey relate to its capacity to meet the criteria defined by the Copenhagen European Council of 1993 and the requirements of the negotiating framework adopted by the Council on 3 October 2005.
      3.   PRIORITIES
      The priorities listed in this Accession Partnership have been selected on the basis that it is realistic to expect that the country can complete them or take them substantially forward over the next few years. A distinction is made between short-term priorities, which are expected to be accomplished within one to two years, and medium-term priorities, which are expected to be accomplished within three to four years. The priorities concern both legislation and the implementation thereof.
      The revised Accession Partnership indicates the priority areas for Turkey’s membership preparations. Turkey will, in the end, nevertheless have to address all issues identified in the progress report, including consolidating the political reform process in order to guarantee its irreversibility and ensure its uniform implementation throughout the country and at all levels of the administration. It is also important that Turkey fulfil the commitments of legislative approximation and implementation of the acquis in accordance with the commitments made under the Association Agreement, customs union and related decisions of the EC-Turkey Association Council, for example on the trade regime for agricultural products.
      3.1.   SHORT-TERM PRIORITIES
      Enhanced political dialogue and political criteria
      Democracy and the rule of law
      Public administration

                  —

                  Pursue reform of public administration and personnel policy in order to ensure greater efficiency, accountability and transparency.

                  —

                  Ensure effective, transparent and participatory local government, in particular through the implementation of recently adopted legislation.

                  —

                  Establish a fully operational Ombudsman system.

            Civil military relations

                  —

                  Continue to align civilian control of the military with practice in EU Member States. Ensure that civilian authorities fully exercise their supervisory functions, in particular as regards the formulation of the national security strategy and its implementation. Take steps towards bringing about greater accountability and transparency in the conduct of security affairs.

                  —

                  Establish full parliamentary oversight of military and defence policy and all related expenditure, including by external audit.

                  —

                  Abolish any remaining competence of military courts to try civilians.

            Judicial system

                  —

                  Ensure consistent interpretation of legal provisions, including the new penal code, related to human rights and fundamental freedoms by all judicial authorities in line with the European Convention on Human Rights and its related case law.

                  —

                  Ensure the independence of the judiciary, in particular as regards the High Council of Judges and Prosecutors and the appointment of new judges and prosecutors.

                  —

                  Ensure equality of arms between the prosecution and defence during criminal proceedings, including layout of courtrooms.

                  —

                  Continue the training of judges and prosecutors on the application of the European Convention on Human Rights and the case law of the European Court of Human Rights.

                  —

                  Strengthen the efficiency of the judiciary through, in particular, reinforcing its institutional capacity and adopting a new code of civil procedure.

                  —

                  Proceed with the establishment of regional intermediate courts of appeal.

            Anti-corruption policy

                  —

                  Fully commit at all levels to the fight against corruption, including by strengthening all institutions involved, as well as coordination between them.

                  —

                  Ensure implementation of the Regulation on Principles of Ethical Behaviour for Civil Servants and extend its provisions to elected officials, judiciary, academics and military personnel.

                  —

                  Limit the scope of parliamentary immunity in line with European practice.

            Human rights and the protection of minorities
      Observance of international human rights law

                  —

                  Promote human rights with the active support of an independent, adequately resourced national human rights institution in accordance with the relevant UN principles. Monitor human rights cases, including sound statistical data.

                  —

                  Extend the training of law enforcement agencies on human rights issues and investigation techniques, in particular in order to strengthen the fight against torture and ill-treatment.

                  —

                  Ratify the optional protocols to the International Covenant on Civil and Political Rights. Comply with the European Convention for the Protection of Human Rights and Fundamental Freedoms, including full execution of the judgments of the European Court of Human Rights.

                  —

                  Implement legal provisions on the right to retrial in line with the relevant judgments of the European Court of Human Rights.

                  —

                  Guarantee in law and in practice the full enjoyment of human rights and fundamental freedoms by all individuals without discrimination and irrespective of language, political opinion, race, sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

                  —

                  Ratify Protocol No 12 to the European Convention on Human Rights on the general prohibition of discrimination by public authorities.

            Civil and political rights
      Prevention of torture and ill treatment

                  —

                  Ensure implementation of the measures adopted in the context of the ‘zero tolerance’ policy against torture and ill-treatment in line with the European Convention on Human Rights and the recommendations of the European Committee for the Prevention of Torture.

                  —

                  Intensify the fight against impunity. Ensure that prosecutors conduct timely and effective investigations of alleged cases leading to identification and punishment of perpetrators by the courts.

                  —

                  Ensure implementation of the Istanbul Protocol throughout the country, in particular by increasing medical expertise.

                  —

                  Ratify the optional Protocol to the UN Convention against Torture which provides for the establishment of a system of independent monitoring of detention facilities.

            Access to justice

                  —

                  Enhance the opportunities for effective defence such as access to legal aid and qualified interpretation services.

                  —

                  Ensure that citizens are aware of, and in a position to exercise, their right to have access in private to a lawyer and to have relatives notified from the outset of their custody.

            Freedom of expression, association and peaceful assembly

                  —

                  Ensure the exercise of freedom of expression, including freedom of the press, in line with the European Convention on Human Rights and in accordance with the case law of the European Court of Human Rights.

                  —

                  Continue to remedy the situation of those persons prosecuted or sentenced for non-violent expression of opinion.

                  —

                  Implement all reforms concerning freedom of association and peaceful assembly in accordance with the European Convention on Human Rights and its related case law. Implement measures to prevent the excessive use of force by security forces.

                  —

                  Align the relevant provisions applying to political parties on European practice.

                  —

                  Align financing and auditing of political parties on European practice.

                  —

                  Facilitate and encourage the domestic development of civil society and its involvement in the shaping of public policies.

                  —

                  Facilitate and encourage open communication and cooperation between all sectors of Turkish civil society and European partners.

            Freedom of religion

                  —

                  Adopt a law comprehensively addressing all the difficulties faced by non-Muslim religious minorities and communities in line with the relevant European standards. Suspend all sales or confiscation of properties which belong or belonged to non-Muslim religious community foundations by the competent authorities pending the adoption of the abovementioned law.

                  —

                  Adopt and implement provisions concerning the exercise of freedom of thought, conscience and religion by all individuals and religious communities in line with the European Convention on Human Rights and taking into account the relevant recommendations of the Council of Europe’s Commission against Racism and Intolerance.

                  —

                  Establish conditions for the functioning of all religious communities, in line with the practice of Member States. This includes legal and judicial protection (inter alia through access to legal personality) of the communities, their members and their assets, teaching, appointing and training of clergy, and the enjoyment of property rights in line with Protocol No 1 to the European Convention on Human Rights.

            Economic and social rights
      Women’s rights

                  —

                  Implement legislation relating to women’s rights, particularly the civil code, the new penal code and the law on the protection of the family.

                  —

                  Pursue measures against all forms of violence against women, including crimes committed in the name of honour. Ensure specialised training for judges and prosecutors, law enforcement agencies, municipalities and other responsible institutions and establish shelters for women at risk of violence in all larger municipalities, in line with current legislation.

                  —

                  Further promote the role of women in society, including their education and participation in the labour market and in political and social life, and support the development of women’s organisations to fulfil these goals.

            Children’s rights

                  —

                  Promote protection of children’s rights in line with EU and international standards.

                  —

                  Continue efforts to tackle the problem of street children.

            Trade union rights

                  —

                  Ensure that full trade union rights are respected in line with EU standards and the relevant ILO Conventions, in particular as regards the right to organise, the right to strike and the right to bargain collectively.

                  —

                  Reinforce social dialogue, and facilitate and encourage cooperation with EU partners.

            Minority rights, cultural rights and the protection of minorities

                  —

                  Ensure cultural diversity and promote respect for and protection of minorities in accordance with the European Convention on Human Rights and the principles laid down in the Council of Europe’s Framework Convention for the Protection of National Minorities and in line with best practice in Member States.

                  —

                  Guarantee legal protection of minorities, in particular as regards the enjoyment of property rights in line with Protocol No 1 to the European Convention on Human Rights.

                  —

                  Ensure effective access to radio/TV broadcasting in languages other than Turkish. Remove outstanding obstacles, particularly with regard to local and regional private broadcasters.

                  —

                  Adopt appropriate measures to support the teaching of languages other than Turkish.

            Situation in the east and southeast

                  —

                  Abolish the village guard system in the southeast. Clear the area of landmines.

                  —

                  Develop a comprehensive approach to reducing regional disparities, and in particular to improving the situation in southeast Turkey, with a view to enhancing economic, social and cultural opportunities for all Turkish citizens, including those of Kurdish origin.

                  —

                  Pursue measures to facilitate the return of internally displaced persons to their original settlements in line with the recommendations of the UN Secretary-General’s Special Representative for Displaced Persons.

                  —

                  Ensure that those who have suffered loss and damage as a result of the security situation in the southeast are fairly and speedily compensated.

            Regional issues and international obligations
      Cyprus

                  —

                  Ensure continued support for efforts to find a comprehensive settlement of the Cyprus problem within the UN framework and in line with the principles on which the Union is founded, whilst contributing to a better climate for a comprehensive settlement.

                  —

                  Implement fully the Protocol adapting the Ankara Agreement to the accession of the 10 new EU Member States including Cyprus (1).

                  —

                  Take concrete steps for the normalisation of bilateral relations between Turkey and all EU Member States, including the Republic of Cyprus (1), as soon as possible.

            Peaceful settlement of border disputes

                  —

                  Continue the efforts to resolve any outstanding border disputes in conformity with the principle of peaceful settlement of disputes in accordance with the UN Charter including if necessary jurisdiction of the International Court of Justice.

                  —

                  Unequivocally commit to good neighbourly relations; address any sources of friction with neighbours; and refrain from any action which could negatively affect the process of peaceful settlement of border disputes.

            Obligations under the Association Agreement

                  —

                  Ensure implementation of commitments undertaken under the Association Agreement, including the customs union.

                  —

                  Lift restrictions on trade in beef meat, live bovine animals and derivate products.

            Economic criteria

                  —

                  Continue to implement the current structural reform programme agreed with the IMF and the World Bank, in particular, ensure the control of public expenditure.

                  —

                  Complete the implementation of the financial sector reform, in particular the alignment of prudential and transparency regulations and their surveillance on international standards.

                  —

                  Safeguard the independence of market regulatory authorities.

                  —

                  Accelerate the privatisation of state-owned entities, in particular of state-owned banks, taking into account the social component.

                  —

                  Continue with market liberalisation, and price reforms, in particular in the areas of energy and agriculture, with particular emphasis on tobacco and sugar.

                  —

                  Continue the economic dialogue with the EU, in particular in the framework of the pre-accession fiscal surveillance procedures, with emphasis on appropriate measures to achieve macroeconomic stability and predictability and on the implementation of structural reforms.

                  —

                  Implement means to address the problem of the informal economy.

                  —

                  Improve professional training efforts, in particular for the younger population.

                  —

                  Address labour market imbalances.

                  —

                  Improve business climate, and in particular the functioning of commercial courts. To this end, improve the functioning of the commercial judiciary, paying particular attention to the independence of the judiciary and appropriate use of the expert witness system.

                  —

                  Continue reform of the agricultural sector.

                  —

                  Ensure the improvement of the general level of education and health, paying particular attention to the younger generation and disadvantaged regions.

                  —

                  Facilitate and promote the inflow of foreign direct investments.

            Ability to assume the obligations of membership
      Free movement of goods

                  —

                  Complete the removal of technical and administrative barriers to trade. Ensure effective in-market control and free movement of goods.

                  —

                  Complete the identification of measures contrary to Articles 28 to 30 of the Treaty establishing the European Community, and remove them. In particular, eliminate all illegal non-automatic import licenses and implement mutual recognition principles in non-harmonised areas.

                  —

                  Remove all restrictions to free circulation of goods due to discrimination against carriers of Member States, on the ground of their nationality or previous dockings.

                  —

                  Ensure implementation of certification and conformity assessment and CE marking in compliance with the new and global approach directives; reinforce existing market surveillance and conformity-assessment structures with equipment and training and create compatible administrative infrastructure.

                  —

                  Develop an effective legal metrology infrastructure and facilitate wider application of scientific and industrial metrology.

            Right of establishment and freedom to provide services

                  —

                  Define a methodology and roadmap to screen national legislation for potential obstacles to EC Treaty provisions related to the right of establishment and the freedom to provide services.

                  —

                  Define and begin implementing a roadmap for the alignment with the acquis on the mutual recognition of professional qualifications, including the establishment of the necessary administrative capacity.

                  —

                  Define a roadmap for the implementation of the postal services acquis.

            Free movement of capital

                  —

                  Remove all restrictions affecting foreign direct investments originating from the EU in all economic sectors.

            Public procurement

                  —

                  Accelerate alignment of the public procurement legislation with the acquis, in particular as regards concessions in the utilities sector and in relation with review procedures.

                  —

                  Increase the capacity of the Public Procurement Authority to implement the new public procurement law.

            Intellectual property law

                  —

                  Improve enforcement of the legislation on intellectual property rights, by reinforcing administrative capacity and coordination including law enforcement agencies and the judiciary. Address in particular counterfeiting of trade marks, especially relating to automotive spare parts and luxury goods, as well as piracy, especially with regard to books, and other media.

                  —

                  Agree to a mutually acceptable solution with the EU on the pending generics applications in the pharmaceutical sector.

            Competition

                  —

                  Align with the acquis concerning State aids, including in sensitive sectors such as steel, establish a national state aid monitoring authority and ensure a strict control of state aids.

                  —

                  Ensure transparency and continuous exchange of information in the competition and state aid field.

                  —

                  Complete alignment in secondary legislation in the anti-trust field.

            Financial services

                  —

                  Adopt the necessary implementing measures under the new banking law. Ensure consistent progress towards the implementation of the roadmap for the new capital requirements framework for credit institutions and investment firms.

                  —

                  Strengthen prudential and supervisory standards in the non-bank financial sector, including by rationalising the supervisory structures where necessary.

            Information society and media

                  —

                  Ensure implementation of tariff and licensing legislation.

                  —

                  Adopt and implement aligned legislation on electronic communications, notably in the areas of tariff and licensing legislation, leased lines, access and interconnection, carrier (pre)selection and number portability. Strengthen the capacity and the independence of the television/radio regulatory authorities.

                  —

                  Continue alignment of legislation in the field of audiovisual policy, in particular with regard to the Television without Frontiers Directive.

            Agriculture and rural development

                  —

                  Adopt the necessary legislative measures and set up suitable administrative structures to operate EU instruments related to rural development.

            Food safety, veterinary and phytosanitary policy

                  —

                  Further align the system of animal identification and registration for bovines on EU requirements and start action with a view to the identification of sheep and goats and registration of their movements.

                  —

                  Adopt a strategy to eradicate the main animal diseases.

                  —

                  Prepare a programme for modernising food-processing establishments to meet EU hygiene and public health standards.

                  —

                  Implement residues and zoonosis control programmes.

            Fisheries

                  —

                  Align fisheries management, control, marketing and structural adjustment legislation on the acquis. Strengthen the administrative capacity.

            Transport

                  —

                  Remove all existing restrictions on Cyprus-flagged vessels and vessels serving the Cyprus trade and the provisions of the aviation agreements that discriminate Member States' carriers on the basis of their nationality.

                  —

                  Continue the alignment with the transport acquis in all transport modes.

                  —

                  Strengthen maritime administration, in particular that of flag-state control and urgently improve the safety record of the Turkish fleet for it to be removed from the black-list flag states of the Paris Memorandum of Understanding.

                  —

                  Adopt a programme for adaptation of the Turkish road transport fleet to EU standards.

            Energy

                  —

                  Ensure independence and effective functioning of the regulatory authority concerning electricity, natural gas and nuclear energy.

                  —

                  Ensure the establishment of a competitive internal energy market, in compliance with the electricity and gas directives.

                  —

                  Support the creation of a gradually integrated regional energy market as part of a wider European energy market. Remove restrictions on cross-border trade and third party access.

                  —

                  Develop an energy strategy to facilitate the implementation of the legal framework in line with the acquis.

                  —

                  Start alignment on the acquis on energy efficiency and renewable energy sources and develop administrative capacity in these sectors.

            Taxation

                  —

                  Continue alignment of excise duties and VAT, in particular in respect of applied rates, scope of exempt transactions, and tax structure and eliminate tax measures which may result in discriminatory treatments.

                  —

                  Continue alignment with the acquis in the field of direct taxation, including provisions on exchange of information with EU Member States to facilitate enforcement of anti-avoidance and anti-evasion measures.

                  —

                  Commit to the principles of the Code of Conduct for Business Taxation and ensure that future legislation complies with the principles of the Code of Conduct for Business Taxation.

                  —

                  Intensify efforts to modernise and strengthen the tax administration with a view to increasing taxpayers' compliance and to improving the collection of direct taxes, as well as VAT and customs revenues, and other indirect taxes. Establish effective instruments to combat fraud.

                  —

                  Begin preparations for the development of the necessary IT systems so as to allow for the exchange of electronic data with the EU and its Member States.

            Statistics

                  —

                  Complete the procedures for the adoption and enforcement of a new statistical law in line with EU standards. Ensure adequate training of staff and improve the administrative capacity.

                  —

                  Reinforce the strategy for the development of statistics in particular in priority areas, such as: demographic and labour market statistics, regional statistics, business statistics (including business register) and agriculture statistics.

                  —

                  Adopt the pending classifications, and introduce the relevant statistical units in the business register.

                  —

                  Improve the national accounts methodology in line with ESA 95.

            Social policy and employment

                  —

                  Develop a yearly plan for financing investment, based on a realistic assessment of costs of alignment and of available public and private resources.

                  —

                  Establish conditions for an effective social dialogue, inter alia, by abolishing restrictive provisions on trade union activities and ensuring respect for trade union rights.

                  —

                  Support social partners' capacity building efforts, in particular with a view to their future role in the elaboration and implementation of employment and social policy, notably through autonomous social dialogue.

                  —

                  Continue efforts to tackle the problem of child labour.

                  —

                  Reinforce the capacity of all institutions involved in the transposition of the acquis in the field.

            Enterprise and industrial policy

                  —

                  Adopt the National Steel Restructuring Programme, which aims to ensure the viability of the sector and the respect of the EU rules on State aids.

                  —

                  Develop and implement a strategy for the promotion of foreign investment, including dispute settlement.

            Regional policy and coordination of structural instruments

                  —

                  Continue to develop the strategic framework for economic and social cohesion, aimed at reducing regional disparities.

                  —

                  Establish the necessary legislative and administrative framework to absorb EU pre-accession funds.

            Justice, freedom and security

                  —

                  Continue to develop and strengthen all law enforcement institutions and align their status and functioning with European standards, including through developing inter-agency cooperation. Adopt a code of police ethics. Establish an independent and effective complaints system to ensure greater accountability of the police and gendarmerie. Develop the use of modern investigative techniques and crime prevention strategies. Take steps to train and develop the capacity of the judicial police.

                  —

                  Continue efforts to implement the National Action Plan on Migration and Asylum, to combat illegal migration and to conclude urgently a readmission agreement with the EU.

                  —

                  Adopt and begin implementation of the National Action Plan on Border Management, in particular through taking steps to establish a professional non-military border guard and through de-mining of the border.

                  —

                  Adopt and implement a national strategy on organised crime. Strengthen the fight against organised crime, drugs, trafficking in persons, fraud, corruption and money-laundering.

                  —

                  Develop and start implementing a national drugs strategy in line with the EU Drugs Strategy and Action Plan.

                  —

                  Adopt a law on protection of personal data in line with the acquis and establish an independent supervisory authority.

                  —

                  Designate a service with competencies to protect the euro against counterfeiting.

            Science and research

                  —

                  Start designing and applying an integrated research strategy.

            Education and culture

                  —

                  Facilitate the functioning of the national agency to consolidate participation in the Socrates, Leonardo da Vinci and Youth Programmes. Promote participation in the Culture 2000 programme.

            Environment

                  —

                  Adopt a revised programme for transposition and implementation of the acquis. Develop a plan for financing investment.

                  —

                  Continue to transpose and implement the acquis related to the framework legislation, international environmental conventions, and legislation on nature protection, water quality, Integrated Pollution Prevention Control and waste management. Implement and enforce the amended environmental impact assessment directive.

                  —

                  Pursue the integration of environmental requirements into other sectoral policies.

                  —

                  Develop a plan to strengthen administrative capacity, implementation and enforcement of environmental legislation.

                  —

                  Pursue the development of transboundary water cooperation, in line with the water framework directive and international conventions to which the EC is a party.

            Consumer and health protection

                  —

                  Continue alignment with the acquis.

                  —

                  Further develop institutional structures for effective implementation, in particular with regard to market surveillance.

                  —

                  Further develop systems for notification of dangerous products on national level and exploit the possibilities to exchange such notifications on international level through TRAPEX or other relevant systems.

            Customs union

                  —

                  Adopt new customs code to further align customs rules with the relevant acquis including preferential origin rules.

                  —

                  Align legislation on free zones with the relevant acquis and enforce it, particularly for rules concerning customs controls and tax auditing.

                  —

                  Continue to strengthen the administrative and operational capacity of the customs administration and align internal procedures with the EU standards.

                  —

                  Begin preparations for the development of the necessary IT systems so as to allow for the exchange of electronic data with the EU and its Member States, beginning with transit and tariff areas.

            External relations and foreign, security and defence policy

                  —

                  Complete alignment with EC common commercial policy, by aligning with EC preferential regimes including the new EC-generalised system of preferences regime.

                  —

                  Continue efforts to conclude outstanding free trade agreements with third countries.

                  —

                  Progressively align policies towards third countries and positions within international organisations with those of the EU and its Member States including in relation to the membership by all EU Member States of relevant organisations and arrangements such as Wassenaar.

            Financial control

                  —

                  Ensure the timely implementation of the Law on Public Financial Management and Control.

                  —

                  Adopt new legislation to reform the external audit function in accordance with International Organisation of Supreme Audit Institutions rules and in compliance with the law on public financial management and control, to ensure the independence of the Court of Accounts.

                  —

                  Establish effective procedures for the treatment of irregularities and cases of suspected fraud affecting pre-accession assistance, including the effective communication of irregularities to the Commission.

                  —

                  Strengthen the implementation system for management of Community pre-accession funds and adapt it to evolution of pre-accession instruments.

                  —

                  Establish the administrative structures necessary for the effective and equivalent protection of the EU funds and for the cooperation with the European Commission Anti-Fraud Office (OLAF).

            3.2.   MEDIUM-TERM PRIORITIES
      Economic criteria

                  —

                  Complete the implementation of the privatisation programme.

                  —

                  Complete the reform of the agricultural sector.

                  —

                  Ensure the sustainability of the pension and social security system.

                  —

                  Continue to improve the general level of education and health, paying particular attention to the younger generation and disadvantaged regions.

            Ability to assume the obligations of membership
      Right of establishment and freedom to provide services

                  —

                  Remove restrictions on the right of establishment and on the freedom to provide cross-border services.

                  —

                  Start alignment with the acquis on postal services. Start the liberalisation of the postal services and establish a national regulatory authority.

                  —

                  Achieve substantial alignment with the acquis as regards recognition of professional qualifications.

            Public procurement

                  —

                  Ensure that public procurement rules are effectively implemented by contracting authorities and entities at all levels, including by developing and applying operational tools, providing training and strengthening the administrative capacity of contracting authorities and entities.

                  —

                  Promote the use of electronic means in procurement procedures.

                  —

                  Adopt a comprehensive national strategy to develop Turkey’s public procurement system, including the use of electronic means in all stages of the procurement procedure.

            Intellectual property law

                  —

                  Complete alignment and ensure the enforcement of intellectual property rights by strengthening enforcement structures and mechanisms, including enforcement authorities and the judiciary.

            Financial services

                  —

                  Make substantial progress towards the implementation of the new capital requirements framework, in line with the BRSA’s detailed roadmap.

                  —

                  Make substantial progress towards the alignment of legislation with the acquis in the non-bank financial sector.

            Company Law

                  —

                  Complete alignment with the acquis.

                  —

                  Adopt a general-purpose financial reporting framework in line with EU standards, making full use of the exemptions foreseen in the acquis.

                  —

                  Strengthen disclosure requirements. In particular, adopt a general requirement for companies to file audited legal entity and consolidated financial statements in order to make them publicly available.

                  —

                  Strengthen the capacity of all relevant authorities to monitor and enforce financial reporting standards.

            Competition

                  —

                  Consolidate enforcement in the anti-trust and State aid field with special attention to monopolies and undertakings with special and exclusive rights.

                  —

                  Pursue the restructuring of the steel sector in the framework of an agreed comprehensive sectoral programme.

                  —

                  Increase awareness of the anti-trust and state aid rules among all market participants and aid grantors.

            Information society and media

                  —

                  Complete the transposition of the acquis in the telecommunication area and prepare for full liberalisation of the markets.

                  —

                  Complete alignment of audiovisual legislation and strengthen the capabilities of the independent television/radio regulatory authority.

            Agriculture and rural development

                  —

                  Continue work on the setting up of the integrated administration and control system, in particular with regard to a land parcel identification system.

            Food safety, veterinary and phytosanitary

                  —

                  Align the veterinary, food safety, and phytosanitary legislation.

                  —

                  Build up the necessary administrative capacity to implement the veterinary, phytosanitary and food legislation.

                  —

                  Establish animal identification and registration system for sheep and goats in line with the EU requirements.

                  —

                  Upgrade agri-food processing establishments so that they are in a position to respect EU food safety standards and legislation. Modernise dairy farms.

                  —

                  Implement food safety control systems.

                  —

                  Set up a system of collections of cadavers and treatment of animal by-products.

                  —

                  Implement eradication plans for the main diseases.

                  —

                  Align the system of plant variety registration with EU requirements.

                  —

                  Further align the requirements on pesticide residues with EU provisions.

            Fisheries

                  —

                  Complete the establishment of adequate administrative structures and equipment at central and regional level that can ensure the implementation of the common fisheries policy.

            Transport policy

                  —

                  Complete the legislative and administrative alignment on all modes of transport. For road transport aim in particular at market access, road safety, road worthiness tests, road side inspections as well as social, fiscal and technical rules. Maritime transport should include maritime safety.

                  —

                  Ensure implementation and enforcement of transport legislation in road, maritime and air transport (particularly air safety and air traffic management). To this end, improve implementation and enforcement capacity of related institutions for all aspects of civil aviation, road transportation and railways.

                  —

                  Complete the restructuring of the national railway company and open up the railway market in conformity with the requirements of the acquis.

                  —

                  Implement a programme of technical adaptation for the Turkish maritime and road transport fleet to comply with the Community norms.

            Energy

                  —

                  Complete alignment of national legislation with the acquis.

                  —

                  Further strengthen administrative and regulatory structures.

                  —

                  Restructure energy utilities and open up energy markets in conformity with the acquis.

                  —

                  Ensure a high level of nuclear safety. When a nuclear energy production capacity is created, in particular strengthen the capacity, independence and resources of the regulatory authority in good time before the issuance of licenses begins. Ensure that environmental impact assessments (EIA) are carried out in full compliance with the EIA Directive.

            Taxation

                  —

                  Substantially advance work towards completing alignment with the tax acquis, as regards VAT, excise duties and direct taxation, including the Code of Conduct for business taxation.

                  —

                  Continue strengthening and modernising the tax administration, including the IT sector, in order to improve collection of tax revenues. Continue preparations for the development of the necessary IT systems so as to allow for the exchange of electronic data with the EU and its Member States.

            Economic and monetary policy

                  —

                  Complete alignment on the acquis provisions concerning the prohibition of privileged access of public sector authorities to financial institutions and the prohibition of direct financing of the public sector.

            Statistics

                  —

                  Bring the business register up to EU standards.

                  —

                  Align macroeconomic statistics further on the acquis, in particular as regards GDP estimates, harmonised consumer price indexes, short-term indicators, balance of payments, and labour statistics.

                  —

                  Strengthen the coordination role of the State Institute of Statistics in order to improve the collection and processing of data originating in different governmental offices.

                  —

                  Intensify the use of administrative sources for data collection.

                  —

                  Complete harmonisation of finance statistics with the ESA 95 requirements.

            Social policy and employment

                  —

                  Complete transposition of the acquis and strengthen the related administrative and enforcement structures, including the labour inspectorates.

                  —

                  Ensure implementation and enforcement of the social policy and employment acquis.

                  —

                  Prepare a national employment strategy with a view to participation in the European Employment Strategy, including preparation and implementation of a joint employment policy review, and develop a capacity to monitor labour market and social developments.

                  —

                  Prepare a national strategy on social inclusion, including data collection, in line with EU practice.

                  —

                  Further develop social protection, notably by consolidating the reform of the social security and pension system with a view to financial sustainability, while strengthening the social safety net.

            Enterprise and Industrial Policy

                  —

                  Continue simplifying the business environment for SMEs, and align with the SME definition used in the EU.

            Trans-European networks

                  —

                  Implement the prioritised projects identified under the Transport Infrastructure Needs Assessment and in coherence with the European Community TEN-transport guidelines.

                  —

                  Promote the implementation of projects in Turkey listed as projects of common interest in the European Community TEN-Energy Guidelines.

            Regional policy and coordination of structural instruments

                  —

                  Continue to strengthen the administrative capacity for the implementation of regional policy at both central and regional level.

                  —

                  Establish multi-annual budgeting procedures setting out priority criteria for public investment in the regions.

            Justice, freedom and security

                  —

                  Align the status and functioning of the gendarmerie on European standards.

                  —

                  Pursue alignment of visa legislation and practice with the acquis.

                  —

                  Continue with alignment on the acquis in the field of asylum, through the lifting of the geographical limitation to the Geneva Convention; strengthening the system for hearing and determining applications for asylum and developing social support and integration measures for refugees.

                  —

                  In the field of drugs, continue to strengthen the national focal point.

                  —

                  Continue to develop the capacity of the customs service, including through the conclusion of customs cooperation agreements and the introduction of mobile surveillance units.

                  —

                  In the field of data protection, ensure implementation of the acquis through the establishment of an independent supervisory authority.

                  —

                  Adopt and implement the acquis and best practices on migration with a view to preventing illegal migration.

                  —

                  Continue alignment on the acquis and best practices, in line with the national action plan on border management, so as to prepare for full alignment with the Schengen acquis.

                  —

                  Adopt and implement the acquis in the fields of corruption, fight against drugs, organised crime, money laundering, judicial cooperation in criminal and civil matters, criminal law protection of the euro and of the Community’s financial interests.

            Education and culture

                  —

                  Align on EU policies for the protection of cultural diversity, including in the light of the UNESCO Convention on Cultural Diversity.

            Environment

                  —

                  Continue alignment on the acquis and strengthen the institutional, administrative and monitoring capacity to ensure environmental protection, including data collection.

                  —

                  Integrate sustainable development principles into the definition and implementation of sectoral policies.

                  —

                  Ensure full transposition and progressive implementation and enforcement of the strategic environmental assessment directive, as amended.

                  —

                  Adopt and implement a national waste management plan.

            Customs Union

                  —

                  Complete alignment of customs legislation in particular on tariff quota management, free zones, dual-use goods and technologies, precursors and counterfeit and pirated goods.

                  —

                  Continue efforts to modernise customs controls and operations and ensure that all customs offices are equipped with IT infrastructure.

                  —

                  Continue preparations for interconnectivity of the IT systems with the EU.

            Financial control

                  —

                  Reinforce the current management and control capacity of all institutes involved in the management of Community pre-accession funds under DIS.

                  —

                  Prepare all institutions involved in the management of Community pre-accession funds for accreditation under the Extended Decentralised Implementation System (EDIS).

                  —

                  Prepare for the designation of an operationally independent anti-fraud service.

                  —

                  Reinforce the capacity of the administrative structures established for the protection of the EC’s financial interests.

            4.   PROGRAMMING
      Financial assistance for the priorities identified in the Accession Partnership will be made available through annual financing decisions taken by the Commission, following the procedure set out in Article 8 of Council Regulation (EC) No 2500/2001 of 17 December 2001 concerning pre-accession financial assistance for Turkey (2) (for the 2006 programme) and in the Regulation for the Instrument for Pre-accession Assistance (IPA), once this has been adopted (for the 2007 to 2013 programmes). The financing decisions will be followed by a financing agreement signed with Turkey.
      5.   CONDITIONALITY
      Community assistance for financing projects through the pre-accession instruments is conditional on the respect by Turkey of its commitments under the EC-Turkey Agreements, including Customs Union Decision 1/95 and other decisions, further concrete steps towards satisfying effectively the Copenhagen criteria and in particular progress in meeting the specific priorities of this revised Accession Partnership. Failure to respect these general conditions could lead to a decision by the Council on the suspension of financial assistance on the basis of Article 5 of Regulation (EC) No 2500/2001. Specific conditions are also included in individual annual programmes.
      6.   MONITORING
      The implementation of the Accession Partnership shall be examined through the framework of the mechanisms established under the Association Agreement as appropriate and through the Commission’s progress reports.
      The Association Agreement sub-committees provide the possibility to review implementation of the Accession Partnership priorities as well as progress as regards legal approximation, implementation and enforcement. The Association Committee discusses overall developments, progress and problems in meeting the Accession Partnership’s priorities as well as more specific issues referred to it from the sub-committees.
      The monitoring of the pre-accession financial assistance programme shall be carried out jointly by Turkey and the European Commission through a joint monitoring committee. In order to ensure the effectiveness of monitoring, projects being funded under each financing agreement must incorporate verifiable and measurable indicators of achievements. Monitoring based on these indicators will assist the Commission, the Phare Management Committee (and its successor under IPA) and Turkey in subsequently reorienting programmes where necessary and in the design of new programmes.
      The Phare Management Committee ensures that actions financed under the pre-accession programme are compatible with each other as well as with the Accession Partnership as laid down in Regulation (EC) No 2500/2001.
      The Accession Partnership will continue to be amended as necessary in accordance with Article 2 of Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant states in the framework of the pre-accession strategy, and in particular on the establishment of Accession Partnerships (3).

         (1)  See also the declaration by the European Community and its Member States of 21 September 2005.

         (2)  OJ L 342, 27.12.2001, p. 1. Regulation as last amended by Regulation (EC) No 2112/2005 (OJ L 344, 27.12.2005, p. 23).

         (3)  OJ L 85, 20.3.1998, p. 1.


title: 2011/67/EU: Decision of the European Central Bank of 13 December 2010 on the issue of euro banknotes (ECB/2010/29)

text:
               9.2.2011

               EN

               Official Journal of the European Union

               L 35/26

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 13 December 2010
   on the issue of euro banknotes
   (recast)
   (ECB/2010/29)
   (2011/67/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 128(1) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’), and in particular Article 16 thereof,
   Whereas:

               (1)

               Under Article 128(1) of the Treaty and Article 16 of the Statute of the ESCB, the Governing Council of the European Central Bank (ECB) has the exclusive right to authorise the issue of euro banknotes within the Union. Under these provisions, the ECB and the NCBs may issue euro banknotes which are the only banknotes to have the status of legal tender within the Member States whose currency is the euro. Union law has foreseen a system of a plurality of issuers of banknotes. The ECB and the NCBs issue euro banknotes.

               (2)

               Pursuant to Article 10 of Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro (1), on 1 January 2002, the ECB and the NCBs put into circulation banknotes denominated in euro. Euro banknotes are expressions of the same and single currency, and subject to a single legal regime.

               (3)

               The issue of euro banknotes need not be subject to quantitative or other limits, since putting banknotes into circulation is a demand driven process.

               (4)

               Decision ECB/2003/4 of 20 March 2003 on the denominations, specifications, reproduction, exchange and withdrawal of euro banknotes (2) contains common rules on euro banknotes. The ECB has established common technical specifications for euro banknotes and quality control measures to ensure that they comply with such specifications. As a consequence, all euro banknotes have the same physical appearance and level of quality and there is no distinction between banknotes of the same denomination.

               (5)

               All euro banknotes should be subject to identical acceptance and processing requirements by the Eurosystem members irrespective of which member put them into circulation. The practice of repatriation of banknotes denominated in national currency units to the issuing central bank does not apply to euro banknotes. The regime for the issue of the euro banknotes is based on the principle of non-repatriation of euro banknotes.

               (6)

               Pursuant to Article 29.1 of the Statute of the ESCB, each central bank which is a member of the European System of Central Banks is assigned a weighting in the key for subscription to the ECB’s capital, as laid down by Decision ECB/2008/23 of 12 December 2008 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital (3); this weighting is based on the population and gross domestic product of each Member State and governs the contributions to the ECB’s capital, the transfers of the NCBs’ foreign reserve assets to the ECB, the monetary income allocation of the NCBs, and the distribution of profits and sharing of losses of the ECB.

               (7)

               Euro banknotes are legal tender in all Member States whose currency is the euro and freely circulate within the euro area, are reissued by the Eurosystem members, and may also be stored or used outside the euro area. The liabilities in respect of the issue of the total value of euro banknotes in circulation should therefore be allocated to the Eurosystem members in accordance with an objective criterion. An appropriate criterion is the share of each NCB in the paid-up capital of the ECB. This share results from a proportional application of the capital key referred to in Article 29.1 of the Statute of the ESCB to NCBs. As this criterion is not applicable to the ECB, the percentage share of euro banknotes to be issued by the ECB is to be determined by the Governing Council.

               (8)

               Under Articles 9.2 and 12.1 of the Statute of the ESCB, establishing the principle of decentralisation for Eurosystem operations, the NCBs are entrusted with putting into and withdrawing from circulation all euro banknotes including those issued by the ECB. Consistent with this principle, the physical handling of euro banknotes is also carried out by the NCBs.

               (9)

               The difference between the value of euro banknotes allocated to each NCB in accordance with the banknote allocation key and the value of the euro banknotes that such NCB puts into circulation should give rise to intra-Eurosystem balances. As the ECB does not put euro banknotes into circulation, it should hold intra-Eurosystem claims on NCBs for a value equivalent to the share of euro banknotes that it issues. The remuneration of these intra-Eurosystem balances has an effect on the income positions of NCBs and is therefore the subject of Decision ECB/2010/23 of 25 November 2010 on the allocation of monetary income of the national central banks of Member States whose currency is the euro (4), based on Article 32 of the Statute of the ESCB.

               (10)

               Pursuant to Article 1 of Council Decision 2010/416/EU of 13 July 2010 in accordance with Article 140(2) of the Treaty on the adoption by Estonia of the euro on 1 January 2011 (5), Estonia fulfils the necessary conditions for adoption of the euro and the derogation granted to it under Article 4 of the 2003 Act of Accession (6) will be abrogated with effect from 1 January 2011.

               (11)

               Given that Estonia will adopt the euro on 1 January 2011, Decision ECB/2001/15 of 6 December 2001 on the issue of euro banknotes (7) needs to be amended in order to determine the banknote allocation key applying from 1 January 2011. Since Decision ECB/2001/15 has already been amended several times it should be recast in the interest of clarity,

         HAS ADOPTED THIS DECISION:
   Article 1
   Definitions
   For the purposes of this Decision:

               (a)

               ‘NCB’ means the national central bank of a Member State whose currency is the euro;

               (b)

               ‘euro banknotes’ means those banknotes complying with the requirements of Decision ECB/2003/4 and with the technical specifications laid down by the Governing Council;

               (c)

               ‘subscribed capital key’ means the NCBs’ shares (expressed as percentages) in the ECB’s subscribed capital that result from applying to the NCBs the weightings in the key referred to in Article 29.1 of the Statute of the ESCB and as applicable for the relevant financial year;

               (d)

               ‘banknote allocation key’ means the percentages that result from taking into account the ECB’s share in the total euro banknote issue and applying the subscribed capital key (rounded to the nearest multiple of 0,0005 of a percentage point) to the NCBs’ share in this total. Where the resulting percentages do not total 100 %, the difference shall be compensated for: (i) if the total is below 100 %, by adding 0,0005 of a percentage point to the smallest shares in ascending order until exactly 100 % is reached; or (ii) if the total is above 100 %, by subtracting 0,0005 of a percentage point in descending order from the largest shares until exactly 100 % is reached. Annex I to this Decision specifies the banknote allocation key that shall apply from 1 January 2011.

         Article 2
   Issue of euro banknotes
   The ECB and the NCBs shall issue euro banknotes.
   Article 3
   Obligations of issuers
   1.   NCBs shall put into and withdraw from circulation euro banknotes, and perform any physical handling in relation to all euro banknotes, including those issued by the ECB.
   2.   NCBs shall accept all euro banknotes on the request of the holder for exchange against euro banknotes of the same value or, in the case of account holders, to be credited to accounts held at the recipient NCB.
   3.   NCBs shall treat all euro banknotes accepted by them as liabilities and process them in an identical manner.
   4.   NCBs shall not transfer euro banknotes accepted by them to other NCBs and shall keep such euro banknotes available for reissue. As an exception, and in accordance with any rules laid down by the ECB’s Governing Council:

               (a)

               mutilated, damaged, worn or withdrawn euro banknotes may be destroyed by the recipient NCB; and

               (b)

               euro banknotes held by NCBs may, for logistical reasons, be redistributed in bulk within the Eurosystem.

         Article 4
   Allocation of euro banknotes within the Eurosystem
   1.   The total value of euro banknotes in circulation shall be allocated to the Eurosystem members by application of the banknote allocation key.
   2.   The difference between the value of euro banknotes allocated to each NCB in accordance with the banknote allocation key and the value of the euro banknotes that such NCB puts into circulation shall give rise to intra-Eurosystem balances. The ECB shall hold intra-Eurosystem claims on NCBs in proportion to their shares in the subscribed capital key, for a value equivalent to the value of euro banknotes that it issues.
   Article 5
   Repeal
   Decision ECB/2001/15 is repealed. References to the repealed Decision shall be construed as references to this Decision.
   Article 6
   Entry into force
   This Decision shall enter into force on 1 January 2011.

      Done at Frankfurt am Main, 13 December 2010.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 139, 11.5.1998, p. 1.

      (2)  OJ L 78, 25.3.2003, p. 16.

      (3)  OJ L 21, 24.1.2009, p. 66.

      (4)  Not yet published in the Official Journal.

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

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

      (7)  OJ L 337, 20.12.2001, p. 52.

      ANNEX I

         BANKNOTE ALLOCATION KEY FROM 1 JANUARY 2011

                  European Central Bank

                  8,0000 %

                  Nationale Bank van België/Banque Nationale de Belgique

                  3,1895 %

                  Deutsche Bundesbank

                  24,8995 %

                  Eesti Pank

                  0,2355 %

                  Central Bank of Ireland

                  1,4605 %

                  Bank of Greece

                  2,5835 %

                  Banco de España

                  10,9185 %

                  Banque de France

                  18,6985 %

                  Banca d’Italia

                  16,4310 %

                  Central Bank of Cyprus

                  0,1800 %

                  Banque centrale du Luxembourg

                  0,2295 %

                  Central Bank of Malta

                  0,0830 %

                  De Nederlandsche Bank

                  5,2440 %

                  Oesterreichische Nationalbank

                  2,5530 %

                  Banco de Portugal

                  2,3015 %

                  Banka Slovenije

                  0,4325 %

                  Národná banka Slovenska

                  0,9115 %

                  Suomen Pankki

                  1,6485 %

                  TOTAL

                  100,0000 %

      ANNEX II

         REPEALED DECISION AND SUCCESSIVE AMENDMENTS

                  Decision ECB/2001/15

                     OJ L 337, 20.12.2001, p. 52

                  Decision ECB/2003/23

                     OJ L 9, 15.1.2004, p. 40

                  Decision ECB/2004/9

                     OJ L 205, 9.6.2004, p. 17

                  Decision ECB/2006/25

                     OJ L 24, 31.1.2007, p. 13

                  Decision ECB/2007/19

                     OJ L 1, 4.1.2008, p. 7

                  Decision ECB/2008/26

                     OJ L 21, 24.1.2009, p. 75


title: 2013/69/EU: Council Decision of 28 January 2013 appointing a Czech alternate member of the Committee of the Regions

text:
               1.2.2013

               EN

               Official Journal of the European Union

               L 32/17

         COUNCIL DECISION
   of 28 January 2013
   appointing a Czech alternate member of the Committee of the Regions
   (2013/69/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Czech Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as alternate member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

               —

               Mr Václav NOVOTNÝ, radní hl. města Prahy.

         Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 28 January 2013.

            For the Council

            The President

         S. COVENEY

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.


Avis juridique important

|

31991D0098

91/98/EEC: Council Decision of 21 December 1990 concerning the provisional application of the agreed Minute amending the Agreement between the European Economic Community and the Republic of Romania on trade in textile products

Official Journal L 053 , 27/02/1991 P. 0030 - 0030

COUNCIL DECISION  of 21 December 1990   concerning the provisional application of the Agreed Minute amending the Agreement between the  European Economic Community and the Republic of Romania on trade in textile products (91/98/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular  Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas, pursuant to Decision 87/536/EEC(1), the Agreement between the European Economic Community  and the Republic of Romania on trade in textile products, initialled on 11 July 1986, has been  provisionally applied, in so far as it affects the Community, since 1 January 1987, pending  completion of the procedures necessary for its conclusion;  Whereas that Agreement includes provision for consultations;  Whereas Romania accepted the Community's offer to integrate into the Agreement for 1991 provisions  for the reimport of textile products after processing, manufacturing or working in that country, in  accordance with the relevant Community legislation;  Whereas it was agreed that the Agreed Minute of the consultations that took place on that matter  will be applied provisionally as from 1 January 1991 pending the completion of the procedures necessary for its conclusion, provided that there is a reciprocal  provisional application on the part of the other Contracting Party,  HAS DECIDED AS FOLLOWS: Sole Article The Agreed Minute amending the Agreement between the European  Economic Community and the Republic of Romania on trade in textile products shall be applied  provisionally as from 1 January 1991 pending its formal conclusion, providing that there is a  reciprocal provisional application by the other Contracting Party.  The text of the Agreed Minute is attached to this Decision.  Done at Brussels, 21 December 1990.  For the Council The President A. RUBERTI (1)OJ N° L 318, 7. 11. 1987, p. 1.


title: 2010/392/: Commission Decision of 14 July 2010 terminating the anti-dumping proceeding concerning imports of certain stainless steel fasteners and parts thereof originating in India and Malaysia

text:
               15.7.2010

               EN

               Official Journal of the European Union

               L 180/26

         COMMISSION DECISION
   of 14 July 2010
   terminating the anti-dumping proceeding concerning imports of certain stainless steel fasteners and parts thereof originating in India and Malaysia
   (2010/392/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 1225/2009 of 30 November 2009 on protection against dumped imports from countries not members of the European Community (1) (the ‘basic Regulation’) and in particular Article 9 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   Procedure

               (1)

               On 30 June 2009, the European Commission (‘Commission’) received a complaint concerning the alleged injurious dumping of certain stainless steel fasteners and parts thereof originating in India and Malaysia (the ‘countries concerned’).

               (2)

               The complaint was lodged by the European Industrial Fasteners Institute (EIFI) on behalf of producers representing a major proportion, in this case more than 25 %, of the total Union production of certain stainless steel fasteners pursuant to Articles 4(1) and 5(4) of the basic Regulation.

               (3)

               The complaint contained prima facie evidence of the existence of dumping and of material injury resulting therefrom which was considered sufficient to justify the initiation of an anti-dumping proceeding.

               (4)

               The Commission, after consultation of the Advisory Committee, by a notice published in the Official Journal of the European Union
                   (2), accordingly initiated an anti-dumping proceeding concerning imports into the Union of certain stainless steel fasteners and parts thereof originating in the countries concerned, currently falling within CN codes 7318 12 10, 7318 14 10, 7318 15 30, 7318 15 51, 7318 15 61 and 7318 15 70.

               (5)

               On the same day, the Commission initiated an anti-subsidy proceeding concerning imports into the Union of certain stainless steel fasteners and parts thereof originating in the countries concerned (3).

               (6)

               The Commission sent questionnaires to the Union industry and to any known association of producers in the Union, to the exporters/producers in the countries concerned, to any association of exporters/producers, to the importers, to any known association of importers, and to the authorities of the countries concerned. Interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set out in the notice of initiation.

         B.   Withdrawal of the complaint and termination of the proceeding

               (7)

               By its letter of 1 April 2010 to the Commission, EIFI formally withdrew its complaint.

               (8)

               In accordance with Article 9(1) of the basic Regulation, the proceeding may be terminated where the complaint is withdrawn, unless such termination would not be in the Union interest.

               (9)

               The Commission considered that the present proceeding should be terminated since the investigation had not brought to light any considerations showing that such termination would not be in the Union interest. Interested parties were informed accordingly and were given the opportunity to comment. No comments were received indicating that such termination would not be in the Union interest.

               (10)

               The Commission therefore concludes that the anti-dumping proceeding concerning imports into the Union of certain stainless steel fasteners and parts thereof originating in the countries concerned should be terminated,

         HAS ADOPTED THIS DECISION:
   Article 1
   The anti-dumping proceeding concerning imports of certain stainless steel fasteners and parts thereof originating in India and Malaysia, currently falling within CN codes 7318 12 10, 7318 14 10, 7318 15 30, 7318 15 51, 7318 15 61 and 7318 15 70, is hereby terminated.
   Article 2
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 14 July 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 343, 22.12.2009, p. 51.

      (2)  OJ C 190, 13.8.2009, p. 27.

      (3)  OJ C 190, 13.8.2009, p. 32.


title: Council Common Position 2008/822/CFSP of 27 October 2008 concerning the temporary reception by Member States of the European Union of certain Palestinians

text:
               29.10.2008

               EN

               Official Journal of the European Union

               L 285/21

      COUNCIL COMMON POSITION 2008/822/CFSP
   of 27 October 2008
   concerning the temporary reception by Member States of the European Union of certain Palestinians
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 15 thereof,
   Whereas:

               (1)

               On 30 October 2007, the Council adopted Common Position 2007/705/CFSP concerning the temporary reception by Member States of the European Union of certain Palestinians (1), which provided for an extension of the validity of their national permits for entry into, and stay in, the territory of the Member States referred to in Common Position 2002/400/CFSP (2) for a further period of 12 months.

               (2)

               On the basis of an evaluation of the application of Common Position 2002/400/CFSP, the Council considers it appropriate that the validity of those permits be extended for a further period of 12 months,

         HAS ADOPTED THIS COMMON POSITION:
   Article 1
   The Member States referred to in Article 2 of Common Position 2002/400/CFSP shall extend the validity of the national permits for entry and stay granted pursuant to Article 3 of that Common Position for a further period of 12 months.
   Article 2
   The Council shall evaluate the application of Common Position 2002/400/CFSP within six months of the adoption of this Common Position.
   Article 3
   This Common Position shall take effect from the day of its adoption.
   Article 4
   This Common Position shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 27 October 2008.

            For the Council

            The President

         M. BARNIER

      (1)  OJ L 285, 31.10.2007, p. 54.

      (2)  OJ L 138, 28.5.2002, p. 33.


title: 2011/23/EU: Decision of the European Central Bank of 31 December 2010 on the paying-up of capital, transfer of foreign reserve assets and contributions by Eesti Pank to the European Central Bank’s reserves and provisions (ECB/2010/34)

text:
               15.1.2011

               EN

               Official Journal of the European Union

               L 11/58

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 31 December 2010
   on the paying-up of capital, transfer of foreign reserve assets and contributions by Eesti Pank to the European Central Bank’s reserves and provisions
   (ECB/2010/34)
   (2011/23/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’), and in particular Articles 30.1, 30.3, 48.1 and 48.2 thereof,
   Whereas:

               (1)

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

               (2)

               Article 48.1 of the Statute of the ESCB provides that the national central bank (NCB) of a Member State whose derogation has been abrogated must pay up its subscribed share of the capital of the European Central Bank (ECB) to the same extent as the NCBs of the other Member States whose currency is the euro. The weighting of Eesti Pank in the ECB’s capital key is 0,1790 %, pursuant to Article 2 of Decision ECB/2008/23 of 12 December 2008 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital (3). Eesti Pank has already paid up part of its share in the ECB’s subscribed capital, pursuant to Article 1 of Decision ECB/2010/28 of 13 December 2010 on the paying-up of the European Central Bank’s capital by the non-euro area national central banks (4).

               (3)

               Pursuant to Article 1 of Decision ECB/2010/26 of 13 December 2010 on the increase of the European Central Bank’s capital (5) the ECB’s capital has been increased by EUR 5 000 000 000 from EUR 5 760 652 402,58 to EUR 10 760 652 402,58 with effect from 29 December 2010. Pursuant to Article 1 of Decision ECB/2010/27 of 13 December 2010 on the paying-up of the increase of the European Central Bank’s capital by the national central banks of Member States whose currency is the euro (6) the increased capital must be paid up in three equal annual instalments.

               (4)

               Accordingly, Eesti Pank should pay up the remaining parts of its share in the ECB’s subscribed capital, which correspond to EUR 18 539 259,01 as follows: on 3 January 2011 an amount of EUR 9 589 259,01 which results from multiplying the ECB’s subscribed capital on 28 December 2010 (EUR 5 760 652 402,58) by the capital key weighting of Eesti Pank (0,1790 %), minus the part of its share in the ECB’s subscribed capital that has already been paid up in accordance with Decision ECB/2010/27 and a further amount of EUR 8 950 000,00 which results from multiplying the amount of the increase of the ECB’s subscribed capital (EUR 5 000 000 000) by the capital key weighting of Eesti Pank. Eesti Pank should pay the latter amount in three equal instalments. The first instalment is to be paid up together with the amount of EUR 9 589 259,01 and the other two instalments of EUR 2 983 333,33 each two business days before the last TARGET2 operating day of 2011 and 2012.

               (5)

               Article 48.1, in conjunction with Article 30.1, of the Statute of the ESCB provides that the NCB of a Member State whose derogation has been abrogated must also transfer foreign reserve assets to the ECB. Pursuant to Article 48.1 of the Statute of the ESCB, the sum to be transferred is determined by multiplying the euro value at current exchange rates of the foreign reserve assets which have already been transferred to the ECB in accordance with Article 30.1 of the Statute of the ESCB, by the ratio between the number of shares subscribed by the NCB concerned and the number of shares already paid up by the NCBs of the other Member States whose currency is the euro. When determining the ‘foreign reserve assets which have already been transferred to the ECB in accordance with Article 30.1’, due account should be taken of previous capital key adjustments (7) pursuant to Article 29.3 of the Statute of the ESCB and the ECB capital key expansions pursuant to Article 48.3 of the Statute of the ESCB (8). As a result, pursuant to Decision ECB/2008/27 of 12 December 2008 laying down the measures necessary for the contribution to the European Central Bank’s accumulated equity value and for adjusting the national central banks’ claims equivalent to the transferred foreign reserve assets (9), the euro equivalent of the foreign reserve assets which have already been transferred to the ECB pursuant to Article 30.1 of the Statute of the ESCB is EUR 145 853 596,60.

               (6)

               The foreign reserve assets to be transferred by Eesti Pank should be in or be denominated in Japanese yen and gold.

               (7)

               Article 30.3 of the Statute of the ESCB provides that the ECB must credit each NCB of a Member State whose currency is the euro with a claim equivalent to the foreign reserve assets that it has transferred to the ECB. The provisions regarding the denomination and remuneration of the claims that have already been credited to the NCBs of the Member States whose currency is the euro (10) should also apply to the denomination and remuneration of the claims of Eesti Pank.

               (8)

               Article 48.2 of the Statute of the ESCB provides that the NCB of a Member State whose derogation has been abrogated must contribute to the ECB’s reserves, to those provisions equivalent to reserves, and to the amount still to be appropriated to the reserves and provisions corresponding to the balance of the profit and loss account as at 31 December of the year prior to abrogation of the derogation. The amount of this contribution is determined in accordance with Article 48.2 of the Statute of the ESCB.

               (9)

               By analogy with Article 3.5 of the Rules of Procedure of the European Central Bank (11), the Governor of Eesti Pank has had the opportunity to make observations on this Decision before its adoption,

         HAS ADOPTED THIS DECISION:
   Article 1
   Definitions
   For the purposes of this Decision:

               (a)

               ‘foreign reserve assets’ means gold or cash;

               (b)

               ‘gold’ means fine troy ounces of gold in the form of London Good Delivery bars, as specified by the London Bullion Market Association;

               (c)

               ‘cash’ means the lawful currency of Japan (Japanese yen).

         Article 2
   Extent and form of paid-up capital
   1.   Eesti Pank shall pay up the remaining parts of its share in the ECB’s subscribed capital, which correspond to EUR 18 539 259,01.
   2.   Eesti Pank shall pay to the ECB on 3 January 2011 a first instalment of EUR 12 572 592,35 by means of a separate transfer via the Trans-European Automated Real-time Gross settlement Express Transfer system (TARGET2). Eesti Pank shall pay two further instalments of EUR 2 983 333,33 each two business days before the last TARGET2 operating day of 2011 and 2012.
   3.   Eesti Pank shall pay to the ECB on 3 January 2011, by a separate TARGET2 transfer, the interest accrued on 1 and 2 January 2011 on the amount due to the ECB under the first sentence of paragraph 2. This interest shall be calculated on a daily basis, using the actual over-360-day method of calculation, at a rate equal to the marginal interest rate used by the Eurosystem in its most recent main refinancing operation.
   Article 3
   Transfer of foreign reserve assets
   1.   Eesti Pank shall transfer to the ECB, with effect from 1 January 2011 and in accordance with this Article and the arrangements taken pursuant to it, an amount of foreign reserve assets denominated in Japanese yen and gold that is equivalent to EUR 145 853 596,60 as follows:

               Euro-equivalent amount of Japanese yen in cash

               Euro-equivalent amount of gold

               Aggregate euro-equivalent amount

               123 975 557,11

               21 878 039,49

               145 853 596,60

         2.   The euro-equivalent amount of foreign reserve assets to be transferred by Eesti Pank under paragraph 1 shall be calculated on the basis of the exchange rates between the euro and the Japanese yen established as a result of the 24-hour written consultation procedure on 31 December 2010 between the Eurosystem and Eesti Pank and, in the case of gold, on the basis of the US dollar price of gold per fine troy ounce established in the London gold fixing at 10.30 a.m., London time, on 31 December 2010.
   3.   The ECB shall confirm to Eesti Pank as soon as possible the amount calculated in accordance with paragraph 2.
   4.   Eesti Pank shall transfer to the ECB Japanese yen in cash.
   5.   The transfer of cash shall take place to such accounts as are specified by the ECB. The settlement date for the cash to be transferred to the ECB shall be 4 January 2011. Eesti Pank shall give instructions to execute such transfer to the ECB.
   6.   The value of the gold which Eesti Pank transfers to the ECB in accordance with paragraph 1 shall be as close as possible to, but no more than, EUR 21 878 039,49.
   7.   Eesti Pank shall transfer the gold referred to in paragraph 1 in uninvested form to such accounts and such locations as are specified by the ECB. The settlement date for the gold to be transferred to the ECB shall be 6 January 2011. Eesti Pank shall give instructions to effect such transfer to the ECB.
   8.   If Eesti Pank transfers gold to the ECB with a value of less than the amount specified in paragraph 1, then on 6 January 2011 it shall transfer an amount of Japanese yen cash equivalent to the shortfall to an account of the ECB as specified by the ECB. Any such Japanese yen cash shall not form part of the foreign reserve assets denominated in Japanese yen which Eesti Pank transfers to the ECB in accordance with the left column of the table included in paragraph 1.
   9.   The difference, if any, between the aggregate euro-equivalent amount mentioned in paragraph 1 and the amount mentioned in Article 4(1) shall be settled in accordance with the Agreement of 31 December 2010 between Eesti Pank and the European Central Bank regarding the claim credited to Eesti Pank by the European Central Bank pursuant to Article 30.3 of the Statute of the European System of Central Banks and of the European Central Bank (12).
   Article 4
   Denomination, remuneration and maturity of the claims equivalent to the contributions
   1.   With effect from 1 January 2011, and subject to the specifications in Article 3 regarding the settlement dates of the transfers of foreign reserve assets, the ECB shall credit Eesti Pank with a claim denominated in euro, equivalent to the aggregate euro amount of its contribution of foreign reserve assets. This claim corresponds to EUR 103 115 678,01.
   2.   The claim credited by the ECB to Eesti Pank shall be remunerated from the settlement date. The interest accruing shall be calculated on a daily basis, using the actual over-360-day method of calculation, at a rate equivalent to 85 % of the marginal interest rate used by the Eurosystem in its most recent main refinancing operation.
   3.   The claim shall be remunerated at the end of each financial year. Each quarter the ECB shall inform Eesti Pank of the cumulative amount.
   4.   The claim shall not be redeemable.
   Article 5
   Contributions to the ECB’s reserves and provisions
   1.   With effect from 1 January 2011 and in accordance with Article 3(5) and (6), Eesti Pank shall contribute to the ECB’s reserves, to those provisions equivalent to reserves, and to the amount still to be appropriated to the reserves and provisions corresponding to the balance of the profit and loss account at 31 December 2010.
   2.   The amounts to be contributed by Eesti Pank shall be determined in accordance with Article 48.2 of the Statute of the ESCB. The references in Article 48.2 to ‘the number of shares subscribed by the central bank concerned’ and ‘the number of shares already paid up by the other central banks’ shall refer to the weighting of Eesti Pank, and the NCBs of the other Member States whose currency is the euro in the ECB’s capital key, pursuant to Decision ECB/2008/23.
   3.   For the purposes of paragraph 1, ‘the ECB’s reserves’ and ‘provisions equivalent to reserves’ shall include the ECB’s general reserve fund, balances on revaluation accounts and provisions for foreign exchange rate, interest rate, credit, market price and gold price risks.
   4.   At the latest on the first working day following the Governing Council’s approval of the ECB’s annual accounts for the year 2010, the ECB shall calculate and confirm to Eesti Pank the amount to be contributed by Eesti Pank under paragraph 1.
   5.   On the second working day following the Governing Council’s approval of the ECB’s annual accounts for the year 2010, Eesti Pank shall, via TARGET2, pay to the ECB:

               (a)

               the amount due to the ECB under paragraph 4; and

               (b)

               the interest accrued from 1 January 2011 until the payment date on the amount due to the ECB under paragraph 4.

         6.   Any interest accruing under paragraph 5(b) shall be calculated on a daily basis, using the actual over-360-day method of calculation, at a rate equal to the marginal interest rate used by the Eurosystem in its most recent main refinancing operation.
   Article 6
   Competencies
   1.   To the extent necessary, the ECB’s Executive Board shall issue instructions to Eesti Pank to further specify and give effect to any provision of this Decision and to provide for appropriate remedies to address any problems that may arise.
   2.   Any instruction issued by the Executive Board under paragraph 1 shall be promptly notified to the Governing Council, and the Executive Board shall comply with any decision of the Governing Council thereon.
   Article 7
   Final provision
   This Decision shall enter into force on 1 January 2011.

      Done at Frankfurt am Main, 31 December 2010.

            The President of the ECB

         Jean-Claude TRICHET

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

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

      (3)  OJ L 21, 24.1.2009, p. 66.

      (4)  See page 56 of this Official Journal.

      (5)  See page 53 of this Official Journal.

      (6)  See page 54 of this Official Journal.

      (7)  Decision ECB/2003/17 of 18 December 2003 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital (OJ L 9, 15.1.2004, p. 27), and Decision ECB/2008/23 of 12 December 2008 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital (OJ L 21, 24.1.2009, p. 66).

      (8)  Decision ECB/2004/5 of 22 April 2004 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital (OJ L 205, 9.6.2004, p. 5) and Decision ECB/2006/21 of 15 December 2006 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital (OJ L 24, 31.1.2007, p. 1).

      (9)  OJ L 21, 24.1.2009, p. 77.

      (10)  Pursuant to Guideline ECB/2000/15 of 3 November 1998 as amended by the Guideline of 16 November 2000 on the composition, valuation and modalities for the initial transfer of foreign-reserve assets, and the denomination and remuneration of equivalent claims (OJ L 336, 30.12.2000, p. 114).

      (11)  Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (OJ L 80, 18.3.2004, p. 33).

      (12)  Not yet published in the Official Journal.