title: Council Decision (EU) 2015/355 of 2 March 2015 adopting the rules of procedure of the European Development Fund Committee

text:
               5.3.2015

               EN

               Official Journal of the European Union

               L 61/17

         COUNCIL DECISION (EU) 2015/355
   of 2 March 2015
   adopting the rules of procedure of the European Development Fund Committee
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement, and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies (1) (‘the Internal Agreement’), and in particular Article 8(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (2), as first amended in Luxembourg on 25 June 2005 (3) and as amended for the second time in Ouagadougou on 22 June 2010 (4) (‘ACP-EU Partnership Agreement’), provides for the definition of financial protocols for each five-year period.

               (2)

               On 26 June 2013, the Representatives of the Governments of the Member States, meeting within the Council, adopted an Internal Agreement in accordance with the ACP-EU Partnership Agreement providing for the setting up of the European Development Fund Committee consisting of Representatives of the Governments of the Member States.

               (3)

               The rules of procedure of the European Development Fund Committee should take into account the relevant provisions of Council Decision 2013/755/EU (5) and of Council Regulation (EU) 2015/322 (6),

         HAS ADOPTED THIS DECISION:
   Article 1
   The rules of procedure of the European Development Fund Committee, as set out in the Annex, are hereby adopted.
   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 2 March 2015.

            For the Council

            The President

         D. REIZNIECE-OZOLA

      (1)  OJ L 210, 6.8.2013, p. 1.

      (2)  OJ L 317, 15.12.2000, p. 3.

      (3)  OJ L 287, 28.10.2005, p. 4.

      (4)  OJ L 287, 4.11.2010, p. 3.

      (5)  Council Decision 2013/755/EU of 25 November 2013 on the association of the Overseas Countries and Territories (OCTs) with the European Union (‘Overseas Association Decision’) (OJ L 344, 19.12.2013, p. 1).

      (6)  Council Regulation (EU) 2015/322 of 2 March 2015 on the implementation of the 11th European Development Fund (OJ L 58, 3.3.2015, p. 1).

      ANNEX

         RULES OF PROCEDURE OF THE EUROPEAN DEVELOPMENT FUND COMMITTEE

      Article 1
      Composition
      The European Development Fund Committee (the ‘Committee’) shall comprise the delegations of the Member States (the ‘delegations’) and shall be chaired by a representative of the Commission.
      An observer from the European Investment Bank (EIB) shall take part in the Committee's proceedings with regard to questions concerning the EIB.
      A representative of the General Secretariat of the Council shall attend the meetings as an observer.
      Article 2
      Referral to the Committee
      1.   A referral shall be made to the Committee in the cases and according to the procedures laid down in Council Regulation (EU) 2015/322 (1) (‘the 11th EDF Implementation Regulation’), and in particular in Articles 7, 9 and 14 thereof and, where appropriate, in Council Decision 2013/755/EU (2) (‘the Overseas Association Decision’). In respect of the responsibilities conferred upon it by the Overseas Association Decision, the Committee shall be referred to as the ‘EDF-OCTs Committee’.
      2.   In addition to the referral cases provided for in paragraph 1:

                  (a)

                  the Commission shall proceed to publish, in a timely manner on its website, adopted decisions taken on the basis of Articles 14 and 15 of the 11th EDF Implementation Regulation and inform the Committee accordingly by the most rapid and reliable electronic means;

                  (b)

                  the Commission shall inform the Committee of any delays or difficulties in the implementation of annual action programmes, individual and special measures, including advance information on the suspension and the resumption of budget support programmes, which could result in significant additional commitments or substantive changes likely to entail compulsory referral under the provisions of the 11th EDF Implementation Regulation.

            Article 3
      Convening a meeting
      1.   The Committee shall be convened by the Chair, acting on his or her own initiative or at the request of a Member State.
      2.   Joint meetings of the Committee with other committees may be convened to discuss issues falling within their respective areas of responsibility.
      Article 4
      Agenda
      1.   The Chair shall draw up the draft agenda and submit it to the Committee.
      2.   The agenda shall make a distinction between:

                  (a)

                  draft measures to be adopted by the Commission on which the Committee is asked to give an opinion, in accordance with the procedure provided for in Article 14 of the 11th EDF Implementation Regulation;

                  (b)

                  other issues put to the Committee for information or a simple exchange of views, either on the Chair's initiative or at the request in writing of a Committee member.

            3.   Any delegation may request the inclusion of an item on the agenda of meetings of the Committee. Relevant information on these items may be given orally or in writing afterwards, as appropriate.
      4.   The agenda shall include approval of the minutes of the previous meeting.
      5.   At least every three months, and whenever updated information is available, an indicative long-term planning for upcoming meetings shall accompany the agenda. This planning shall include items to be submitted for an opinion, as well as strategic cross-EDF issues to be submitted for information and/or for an exchange of views. The planning shall include items to be submitted to the Committee over the upcoming six-month period. To the extent possible, the planning shall also indicate items that are likely to be submitted to the Committee over the subsequent six-month period.
      Article 5
      Documentation to be sent or submitted to the members of the Committee
      1.   The Chair shall send the invitation and the draft agenda of the meeting, as well as any draft measures about which the Committee is asked to give an opinion to the members of the Committee well in advance of the meeting, taking into account the urgency and the complexity of the matter, and in any case at least 21 calendar days before the date of the meeting. Other documents related to the meeting, in particular documents for information and an exchange of views, shall, as far as possible, be submitted within the same time limit.
      All documents shall be submitted in accordance with Article 15(2) and (3).
      2.   In cases of urgency, and where the measure to be adopted must be applied immediately, the Chair may, on his or her own initiative or at the request of a member of the Committee, shorten the time limit for submission of documents referred to in paragraph 1. That time limit shall not be shorter than seven calendar days. Such cases of urgency shall be duly justified in writing by the Commission.
      3.   By way of exception, in cases of extreme urgency in a partner country or region, for example serious economic, social and political circumstances, natural disasters suffered by the recipient country, and humanitarian crises or other external circumstances of a similar nature requiring a very rapid reaction, the Chair may, at the request of a Committee member or on his or her own initiative, depart from the time limits laid down in paragraphs 1 and 2. Such cases of extreme urgency shall be duly justified in writing by the Commission.
      4.   Paragraphs 2 and 3 shall not apply to Strategy Papers and Multiannual Indicative Programmes and their adjustment as a result of the mid-term and end-of-term reviews referred to in Article 7(2) of the 11th EDF Implementation Regulation.
      5.   In the case of draft measures submitted to the Committee for its opinion by oral procedure, delegations shall inform the secretariat of the Committee in writing at least three working days before the date of the meeting of:

                  (a)

                  those items to which they can already give their assent in principle and that they propose to include as A items (with or without comments or requests for further information); and

                  (b)

                  those items that they think need discussion and that they propose to include as B items;

            on the agenda referred to in Article 4(1).
      At the request of a Member State, any A item may be submitted for discussion and transferred to the list of B items as early as possible before or, in exceptional cases, at the meeting.
      Delegations shall also formulate any comments and requests for further information in writing and, wherever possible, at least three working days before the date of the meeting.
      The Commission shall provide further information and respond to any comments, wherever possible, in writing and at least one day before the meeting.
      6.   On duly justified imperative grounds of urgency, the Commission may also use the procedure set out in Article 14(4) of the 11th EDF Implementation Regulation. In such cases, the Chair shall submit the measures to the Committee within 14 days from their adoption in order to obtain its opinion.
      Article 6
      Transmission of programming documents to the Joint Parliamentary Assembly
      In accordance with Article 7(1) of the 11th EDF Implementation Regulation, the Committee's secretariat will transmit the programming documents to the Joint Parliamentary Assembly for information at the same time as they are sent to delegations in the Committee.
      Article 7
      Opinion of the Committee
      1.   Where a matter is put to the Committee for its opinion, it shall be discussed under the conditions and according to the procedure set out in Article 14(3) and (4), respectively, of the 11th EDF Implementation Regulation and in Article 8(2) and (3) of the Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement, and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies (3) (‘the Internal Agreement’).
      2.   Unless a member of the Committee objects, the Chair may, without proceeding to a formal vote, establish that the Committee has delivered a positive opinion, by consensus, on the draft measures.
      3.   When the oral procedure is used, and a substantive change is made or new factual elements are added to the draft measures during the meeting, the Chair, on his or her own initiative or at the request of a Member State, may postpone the vote on a particular agenda item until the end of the meeting or until a subsequent meeting.
      4.   If, pursuant to paragraph 3, the Chair decides not to postpone the vote as requested by one or more delegations, the requesting delegation(s) may enter a reservation which may be withdrawn within a maximum of three working days from the day following the meeting. The Committee's opinion shall be recorded as definitive upon expiry of this period. The Commission shall inform Member States of the definitive position adopted by the Member State(s) whose delegation(s) entered a reservation in the Committee.
      5.   Subject to the second subparagraph of this paragraph, if the documents relating to a specific agenda point have not been sent to Committee members within the time limit laid down in Article 5(1) and (2) voting on an issue shall be postponed to the next meeting.
      At the proposal of the Chair or at the request of a Committee member, the Committee may decide by a simple majority of its members to keep this point on the agenda due to the urgency of the matter. If necessary, the written procedure provided for in Article 11 of these rules of procedure may be applied.
      6.   In the context of an examination of annual or multiannual action programmes, any delegation may request the withdrawal of a project or programme from the action programme. If that request is supported by a blocking minority of delegations, as laid down in Article 8(3) of the Internal Agreement, in connection with Article 8(2) of the Internal Agreement, the action programme shall be adopted by the Commission without the project or programme concerned. Unless the Commission, in line with the views of the delegations in the Committee, wishes not to pursue the withdrawn project or programme, it shall, at a later stage, be resubmitted to the Committee outside the action programme in the form of an individual measure which shall then be adopted by the Commission in accordance with the procedure set out in Article 14 of the 11th EDF Implementation Regulation.
      Article 8
      Exchange of views
      1.   Each delegation can invite the Commission at any moment to provide the Committee with information and to have an exchange of views on issues related to the tasks described under Articles 3(3), 7(2) and 14(2) of the 11th EDF Implementation Regulation. Any evaluation, including recommendations and follow-up actions may also be discussed in the Committee at the request of a Member State, in line with Article 18(2) of the 11th EDF Implementation Regulation. As set out in Article 18(4) of the 11th EDF Implementation Regulation, the Commission shall review progress made in the implementation of the 11th EDF, including National Indicative Programmes, and shall submit to the Council implementation reports on a yearly basis starting from 2015. That report may also be discussed in the Committee at the request of a Member State.
      2.   Such exchanges of views may lead to the formulation of recommendations by the delegations, which the Commission shall take into account. The minutes of the Committee shall reflect the interventions made. An intervention supported by a qualified majority of delegations, as laid down in Article 8(3) of the Internal Agreement, in conjunction with Article 8(2) of the Internal Agreement, shall be recorded as a recommendation.
      Article 9
      Representation and quorum
      1.   Each delegation shall be considered to be one member of the Committee. Each Member State shall decide the composition of its delegation and shall inform the Chair thereof.
      2.   With the Chair's approval, delegations may be accompanied by non-governmental experts, at the expense of the Member State concerned.
      Within a reasonable time, and in any case no later than five calendar days before the date of a meeting, the following information shall be communicated to the Chair:

                  (a)

                  the composition of each delegation, except where such composition is already known to the Chair;

                  (b)

                  the names and functions of any experts accompanying the delegations and the reasons for which their presence is required.

            If the Chair does not object to the participation of an expert in advance of the relevant meeting, permission shall be considered to be granted.
      Ahead of the meeting the Chair shall inform delegations on the participation of a non-governmental expert, indicating the organisation he or she represents.
      3.   A delegation may, if necessary, represent a maximum of one other Member State. The Chair shall be notified in writing before the start of the meeting by the delegation which is to be represented.
      4.   The quorum required for deliberations of the Committee shall be that required for a qualified majority opinion to be issued in accordance with Article 14(3) and (4) of the 11th EDF Implementation Regulation.
      Article 10
      Third parties and experts
      1.   Representatives of acceding countries shall be invited to attend the meetings of the Committee as from the date of signature of the Treaty of Accession.
      2.   The Chair may decide to invite representatives of other third parties or other experts to talk on specific points on the agenda of the Committee, on his or her own initiative or at the request of a member of the Committee. However, a simple majority of Member States may oppose their participation in the meeting.
      3.   Representatives of third parties and experts referred to in paragraphs 1 and 2 and those mentioned in Article 9(2) shall not be present during, and shall not participate in, the voting of the Committee.
      Article 11
      Written procedure
      1.   In duly justified cases, the Chair may obtain the Committee's opinion by written procedure. The Chair shall communicate the Committee members the proposals of draft measures and shall lay down a time limit for delivery of an opinion according to the urgency of the matter.
      Delegations have 21 calendar days from the sending of the proposals to adopt a position. Any Committee delegation which does not express its opposition or intention to abstain before the time limit laid down in the communication is considered to have given its tacit agreement to the proposal.
      In cases of urgency or extreme urgency in a partner country or region, the same time limits as those laid down in Article 5(2) and (3) shall apply. Such cases of urgency or extreme urgency shall be duly substantiated in writing by the Commission.
      2.   However, if a Committee member requests that the draft measures be considered in the course of a meeting, the written procedure shall thereby terminate and the proposed measures shall be carried over to the next meeting.
      3.   The Commission shall inform the members of the Committee in writing on the outcome of a written procedure without delay, and in any case no later than seven calendar days after the expiry of the time limit.
      Article 12
      Secretarial support
      Secretarial services for the Committee shall be provided by the Commission.
      Article 13
      Minutes and summary report of the meetings
      The minutes of each meeting shall be drawn up under the auspices of the Chair and shall contain the opinions expressed on the proposed measures and the positions expressed during the meeting. The minutes shall be sent to the members of the Committee without delay and, wherever possible, within 14 calendar days of the meeting. For meetings which are held at four-week intervals or less, the minutes shall be sent at least seven calendar days prior to the subsequent meeting.
      The delegations shall send any written comments they may have on the minutes to the Chair. The Committee shall be informed of this; if there are any disagreements, the proposed amendment shall be discussed by the Committee. If the disagreement persists, the proposed amendment shall be annexed to the minutes.
      Article 14
      Attendance list
      1.   At each meeting, the Chair shall draw up an attendance list specifying the authorities or bodies to which the participants belong and shall distribute it to the participants during the course of that meeting.
      2.   At the beginning of every meeting, any delegation whose participation in the work constitutes a conflict of interest with regard to a particular point on the agenda shall inform the Chair of this situation. Additionally, any person designated by the Member States, as well as experts who have been authorised by the Chair to participate in the meeting in accordance with Articles 9(2) and 10(2), and representatives of third parties who have been invited to attend the meeting in accordance with Article 10 shall inform the Chair of any conflict of interest with regard to a particular item on the agenda.
      In the event of such a conflict of interest, the person concerned shall, at the request of the Chair, withdraw from the meeting whilst the relevant items of the agenda are being dealt with.
      Article 15
      Correspondence
      1.   Correspondence relating to the Committee shall be addressed to the Commission, for the attention of the Committee secretariat.
      2.   Correspondence addressed to delegations by the secretariat shall be sent to the Permanent Representation of the Member State concerned by the most rapid and reliable electronic means. Where a Permanent Representation indicates to the Commission a specific central electronic address for correspondence related to the work of the Committees, that address shall be used for correspondence. In addition, correspondence may be addressed directly to the persons designated by the Member States to represent them in the Committee.
      3.   Save in exceptional circumstances, correspondence between the Commission and delegations shall be sent in both directions by the electronic means provided for by the Commission.
      Article 16
      Access to documents and confidentiality
      1.   Requests for access to Committee documents shall be handled in accordance with Regulation (EC) No 1049/2001 of the European Parliament and of the Council (4). The Commission shall decide on requests for access to those documents pursuant to its Rules of Procedure (5). If the request is addressed to a Member State, that Member State shall apply Article 5 of Regulation (EC) No 1049/2001.
      2.   The Committee's discussions shall be confidential.
      3.   Documents submitted to members of the Committee, experts and representatives of third parties shall be confidential, unless access is granted to those documents pursuant to paragraph 1 or they are otherwise made public by the Commission.
      4.   The members of the Committee, as well as experts and representatives of third parties, shall be required to respect the confidentiality obligations set out in this Article. The Chair shall ensure that experts and representatives of third parties are made aware of the confidentiality requirements imposed upon them.
      Article 17
      Protection of personal data
      The processing of personal data by the Committee and its working groups shall be in conformity with Regulation (EC) No 45/2001 of the European Parliament and of the Council (6), under the responsibility of the Chair acting as the controller, within the meaning of point (d) of Article 2 of that Regulation.
      Article 18
      Running costs
      1.   The Committee's running costs, including travel expenses for one participant per Member State, shall be borne by the Commission.
      If the allocated financial appropriation allows it and within the limits of that appropriation, the Commission shall cover the travelling expenses of two delegation members who submit a request to that effect.
      2.   The Commission shall make available the premises and material resources necessary for the Committee's work.

         (1)  Council Regulation (EU) 2015/322 of 2 March 2015 on the implementation of the 11th European Development Fund (OJ L 58, 3.3.2015, p. 1).

         (2)  Council Decision 2013/755/EU of 25 November 2013, on the association of the overseas countries and territories with the European Union (‘Overseas Association Decision’), (OJ L 344, 19.12.2013, p. 1).

         (3)  OJ L 210, 6.8.2013, p. 1.

         (4)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

         (5)  Rules of Procedure of the Commission (C(2000) 3614) (OJ L 308, 8.12.2000, p. 26).

         (6)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).


Avis juridique important

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31999D0067

1999/67/EC: Council Decision of 22 October 1998 relating to the conclusion of a protocol for the adaptation of the trade aspects of the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part, to take into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the results of the agricultural negotiations of the Uruguay Round, including the improvements of the existing preferential regime

Official Journal L 028 , 02/02/1999 P. 0001 - 0002

COUNCIL DECISION of 22 October 1998 relating to the conclusion of a protocol for the adaptation of the trade aspects of the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part, to take into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the results of the agricultural negotiations of the Uruguay Round, including the improvements of the existing preferential regime (1999/67/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 thereof, in conjunction with the first sentence of Article 228(2),Having regard to the proposal from the Commission,Whereas the Protocol for the adaptation of the trade aspects of the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part, should be approved with a view to taking account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the results of the agricultural negotiations of the Uruguay Round, including the improvements of the existing preferential regime;Whereas the Commission should be authorised to take measures to implement the Protocol, notably with regard to basic and processed agricultural products;Whereas Regulations (EC) No 1595/97 (1) and (EC) No 656/98 (2) brought forward the implementation of certain provisions of the Protocol relating to basic and processed agricultural products, respectively; whereas, therefore, appropriate measures should be taken to ensure a smooth transition between the preferential arrangements applied under those Regulations and those provided for by the Protocol;Whereas the additional Protocol to the Europe Agreement on Trade in Textile Products between the European Community and the Republic of Hungary was last amended by Decision 96/224/EC (3),HAS DECIDED AS FOLLOWS:Article 1The Protocol for the adaptation of the trade aspects of the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Hungary, of the other part, to take into account the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union and the results of the agricultural negotiations of the Uruguay Round, including the improvements of the existing preferential regime is hereby approved on behalf of the Community.The text of the Protocol is attached to this Decision.Article 21. Detailed rules for the application of this Decision shall be adopted by the Commission according to the procedure provided for in Article 23 of Regulation (EEC) No 1766/92 (4) or, as appropriate, the relevant provisions of other Regulations on the common organisation of the market, Regulation (EC) No 3448/93 (5) or Regulation (EC) No 3066/95 (6).2. On this Decision taking effect, any rules adopted by the Commission pursuant to Article 8 of Regulation (EC) No 3066/95 and to Regulation (EC) No 656/98, implementing the concessions covered by the Protocol, shall be deemed to be governed by paragraph 1 above.Article 3The President of the Council shall, on behalf of the European Community, give the notification provided for in Article 6 of the Protocol.Done at Luxembourg, 22 October 1998.For the CouncilThe PresidentW. MOLTERER(1) OJ L 216, 8.8.1997, p. 1.(2) OJ L 90, 25.3.1998, p. 1.(3) OJ L 81, 30.3.1996, p. 264.(4) OJ L 181, 1.7.1992, p. 21. Regulation as last amended by Regulation (EC) No 923/96 (OJ L 126, 24.5.1996, p. 37).(5) OJ L 318, 20.12.1993, p. 18.(6) OJ L 328, 30.12.1995, p. 31. Regulation as last amended by Regulation (EC) No 1595/97.


title: Council Decision of 7 May 2007 appointing the Greek, Hungarian and Romanian members and alternate members of the Advisory Committee on Safety and Health at Work

text:
               17.5.2007

               EN

               Official Journal of the European Union

               C 111/2

      COUNCIL DECISION

   of 7 May 2007
   appointing the Greek, Hungarian and Romanian members and alternate members of the Advisory Committee on Safety and Health at Work
   (2007/C 111/02)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 202 thereof,
   Having regard to the Council Decision of 22 July 2003 on the setting up of an Advisory Committee on Safety and Health at Work (1), and in particular Article 3 thereof,
   Having regard to the list of candidates submitted to the Council by the Governments of the Member States,
   Whereas

               (1)

               in its Decision 2007/144/EC (2), the Council appointed the members and alternate members of the Advisory Committee on Safety and Health at Work for the period from 1 March 2007 until 28 February 2010, except for the Greek, Hungarian and Romanian members and alternate members;

               (2)

               the Greek, Hungarian and Romanian Governments have proposed candidates for the vacant seats,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following are hereby appointed members and alternate members of the Advisory Committee on Safety and Health at Work for the period ending on 28 February 2010:
   I.   GOVERNMENT REPRESENTATIVES

               Country

               Members

               Alternates

               Hungary

               Mr András BÉKÉS

               Ms Judit RÁCZNÉ BENCZE
               Ms Mária GROSZMANN

         II.   TRADE UNION REPRESENTATIVES

               Country

               Members

               Alternates

               Hungary

               Mr Pál GERGELY

               Mr Károly GYÖRGY
               Ms Szilvia BORBÉLY

               Romania

               Mr Cornel CONSTANTINOAIA

               Mr Adrian COJOCARU
               Ms Maria GHIMPĂU

         III.   EMPLOYERS' REPRESENTATIVES

               Country

               Members

               Alternates

               Greece

               Mr Pavlos KIRIAKONGONAS

               Ms Natasa AVLONITOU
               Mr Christos KAVALOPOULOS

               Hungary

               Mr Géza BOMBERA

               Mr Antal SZABADKAI
               Ms Judit NOSZTRAI

               Romania

               Mr Adrian IZVORANU

               Mr Ovidiu NICOLESCU
               Mr Cazimir IONESCU

      Done at Brussels, 7 May 2007.

            For the Council

            The President

         H. SEEHOFER

      (1)  OJ C 218, 13.9.2003, p. 1.

      (2)  OJ L 64, 2.3.2007, p. 30.


title: Council Decision of 12 February 2007 establishing for the period 2007 to 2013, as part of the General Programme on Fundamental Rights and Justice, the Specific Programme Criminal Justice

text:
               24.2.2007

               EN

               Official Journal of the European Union

               L 58/13

      COUNCIL DECISION

   of 12 February 2007
   establishing for the period 2007 to 2013, as part of the General Programme on Fundamental Rights and Justice, the Specific Programme ‘Criminal Justice’
   (2007/126/JHA)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 31 and Article 34(2)(c) thereof,
   Having regard to the proposal of the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               Article 29 of the Treaty on European Union states that the Union's objective is to provide citizens with a high level of safety within an area of freedom, security and justice by developing common action among the Member States in the field of judicial cooperation in criminal matters.

               (2)

               According to Article 31 of the Treaty on European Union, common action in criminal matters shall include, in particular, cooperation between the competent authorities of the Member States.

               (3)

               Building on the conclusions of the Tampere European Council, The Hague Programme, adopted by the European Council in November 2004, reaffirms the priority of strengthening Freedom, Security and Justice in the European Union, in particular by enhancing judicial cooperation in criminal matters, based on the mutual recognition principle.

               (4)

               The framework programme established by Council Decision 2002/630/JHA of 22 July 2002 establishing a framework programme on police and judicial cooperation in criminal matters (AGIS) (2) has contributed considerably to strengthening cooperation between police and other law enforcement agencies and the judiciary in the Member States and to improving mutual understanding and mutual trust between their police, judicial, legal and administrative systems.

               (5)

               The ambitious objectives set by the Treaty on European Union and The Hague Programme should be realised through the establishment of a flexible and effective programme that will facilitate planning and implementation.

               (6)

               The programme should improve mutual confidence within the judiciary. Mutual confidence, according to the Hague Programme, should be strengthened by developing networks of judicial organisation and institutions, by improving training of judicial professions, by developing the evaluation of the implementation of EU policies in the field of justice, while fully respecting the independence of the judiciary by increasing research in the field of judicial cooperation, and by facilitating operational projects among Member States aiming at modernising justice.

               (7)

               The programme should also facilitate the implementation of the mutual recognition principle by improving mutual knowledge on previous convictions passed in the European Union, in particular through the creation of a computerised system of exchange of information on criminal records.

               (8)

               The European Judicial Training Network founded by institutions specifically responsible for the training of the professional judiciary of all Member States promotes a training programme for judges and public prosecutors with a genuine European dimension. This contributes to strengthening the mutual confidence and improves mutual understanding between judicial authorities and different legal systems.

               (9)

               Since the objectives of this Decision cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the programme, be better achieved at the level of European Union, the Council may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty establishing the European Community, made applicable to the Union by Article 2 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in Article 5 of the Treaty establishing the European Community, this Decision does not go beyond what is necessary in order to achieve those objectives.

               (10)

               Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), hereinafter ‘the Financial Regulation’, and Commission Regulation (EC, Euratom) No 2342/2002 (4) of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002, which safeguard the Community's financial interests, applies taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for their implementation and management, and the required proportionality between the amount of resources and the administrative burden related to their use.

               (11)

               Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulations (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the Communities' financial interests (5), (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission (6) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (7).

               (12)

               The Financial Regulation requires a basic act to be adopted to cover operating grants.

               (13)

               The measures required to implement this Decision should be adopted according to the procedures laid down in it, with the assistance of a committee.

               (14)

               It is appropriate to replace Decision 2002/630/JHA from 1 January 2007 by this Decision and by Decision establishing the Specific Programme ‘Prevention of and Fight against Crime’.

               (15)

               In order to ensure the effective and timely implementation of the programme, this Decision should apply from 1 January 2007,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Subject matter
   1.   This Decision establishes the Specific Programme ‘Criminal Justice’, hereinafter referred to as ‘the Programme’, as part of the General Programme on Fundamental Rights and Justice, in order to contribute to the strengthening of the area of Freedom, Security and Justice.
   2.   The Programme shall cover the period from 1 January 2007 to 31 December 2013.
   Article 2
   General objectives
   1.   The Programme shall have the following general objectives:

               (a)

               to promote judicial cooperation with the aim of contributing to the creation of a genuine European area of justice in criminal matters based on mutual recognition and mutual confidence;

               (b)

               to promote the compatibility in rules applicable in the Member States as may be necessary to improve judicial cooperation. To promote a reduction in existing legal obstacles to the good functioning of judicial cooperation with a view to strengthening the coordination of investigations and to increase compatibility of the existing judicial systems in the Member States to the European Union with a view to providing adequate follow-up to investigations of law enforcement authorities of the Member States;

               (c)

               to improve the contacts and exchange of information and best practices between legal, judicial and administrative authorities and the legal professions: lawyers and other professionals involved in the work of the judiciary, and to foster the training of the members of the judiciary, with a view to enhancing mutual trust;

               (d)

               to further improve mutual trust with the view to ensuring protection of rights of victims and of the accused.

         2.   Without prejudice to the objectives and powers of the European Community, the general objectives of the Programme contribute to the development of community policies, and more specifically to the creation of a judicial area.
   Article 3
   Specific objectives
   The Programme shall have the following specific objectives:

               (a)

               to foster judicial cooperation in criminal matters aiming at:

                           (i)

                           promoting mutual recognition of judicial decisions and judgments;

                           (ii)

                           eliminating obstacles created by disparities between the judicial systems of Member States and promoting the necessary approximation of substantive criminal law concerning serious crime, in particular with cross border dimension;

                           (iii)

                           further enhancing the establishment of minimum standards concerning aspects of procedural criminal law with the view to promoting the practical aspects of judicial cooperation;

                           (iv)

                           guaranteeing a proper administration of justice by avoiding conflicts of jurisdiction;

                           (v)

                           improving the exchange of information, through the use of computerised systems, in particular information extracted from national criminal records;

                           (vi)

                           promoting rights of the accused as well as social and legal assistance to victims;

                           (vii)

                           encouraging Member States to step up cooperation with Eurojust in combating of cross-border organised and other serious crime;

                           (viii)

                           promoting measures aiming at effective re-socialisation of offenders, in particular of juvenile offenders;

               (b)

               to improve mutual knowledge of Member States' legal and judicial systems in criminal matters and to promote and strengthen networking, mutual cooperation, exchange and dissemination of information, experience and best practices;

               (c)

               to ensure the sound implementation, the correct and concrete application and the evaluation of Union instruments in the areas of judicial cooperation in criminal matters;

               (d)

               to improve information on legal systems in the Member States and access to justice;

               (e)

               to promote training in Union and Community law for the judiciary, lawyers and other professionals involved in the work of the judiciary;

               (f)

               to evaluate the general conditions necessary to develop mutual confidence by improving mutual understanding between judicial authorities and different legal systems, in particular regarding the implementation of EU policies in the field of justice;

               (g)

               to develop and implement a computerised system of exchange of information on criminal records and to support studies to develop other types of exchange of information.

         Article 4
   Eligible actions
   With a view to pursuing the general and specific objectives set out in Articles 2 and 3, the Programme shall support under the conditions set out in the annual work programme the following types of actions:

               (a)

               specific actions taken by the Commission, such as studies and research, creation and implementation of specific projects like the creation of a computerised system of exchange of information on criminal records, opinion polls and surveys, formulation of indicators and common methodologies, collection, development and dissemination of data and statistics, seminars, conferences and experts meetings, organisation of public campaigns and events, development and maintenance of websites, preparation and dissemination of information materials, support for and development of networks of national experts, analytical, monitoring and evaluation activities; or

               (b)

               specific transnational projects of Union interest presented by at least two Member States or by at least one Member States and one other country which may either be an acceding or a candidate country under the conditions set out in the annual work programmes; or

               (c)

               support for the activities of non-governmental organisations or other entities pursuing an aim of general European interest in accordance with the general objectives of the Programme under the conditions set out in the annual work programmes; or

               (d)

               an operating grant to co-finance expenditure associated with the permanent work programme of the European Judicial Training Network which pursues an aim of general European interest in the field of training of the judiciary;

               (e)

               national projects within Member States, which

                           (i)

                           prepare transnational projects and/or Union actions (starter measures),

                           (ii)

                           complement transnational projects and/or Union actions (complementary measures),

                           (iii)

                           contribute to developing innovative methods and/or technologies with a potential for transferability to actions at Union level, or develop such methods or technologies with a view to transferring them to other Member States and/or other country which may either be an acceding or a candidate country.

         Article 5
   Target groups
   The Programme is destined for inter alia, legal practitioners, representatives of victims' assistance services, and other professionals involved in the work of the judiciary, the national authorities and the citizens of the Union in general.
   Article 6
   Access to the Programme
   1.   Access to the Programme shall be open to institutions and public or private organisations, including professional organisations, universities, research institutes and legal and judicial training/further training institutes for legal practitioners, non-governmental organisations of the Member States. Bodies and organisations which are profit oriented shall have access to the Programme only in conjunction with non profit oriented or state organisations.
   ‘Legal practitioners’ means, inter alia, judges, prosecutors, advocates, solicitors, ministry officials, court officers, bailiffs, court interpreters and other professionals involved in the work of the judiciary in the area of criminal law.
   2.   Transnational projects may not be presented by third countries or by international organisations but they may participate as partners.
   Article 7
   Types of intervention
   1.   Community funding may take the following legal forms:

               (a)

               grants;

               (b)

               public procurement contracts.

         2.   Community grants shall normally be awarded further to calls for proposals, save in duly substantiated exceptional cases of urgency or where the characteristics of the beneficiary leave no other choice for a given action, and shall be provided through operating grants and grants for actions.
   The annual work programme shall specify the minimum rate of the annual expenditure to be awarded to grants. This minimum rate shall be at least 65 %.
   The maximum rate of co-financing of the costs of the projects shall be specified in the annual work programme.
   3.   Furthermore, provision is made for expenditure for accompanying measures, through public procurement contracts, in which case Community funds shall cover the purchase of services and goods. This shall cover, inter alia, expenditure on information and communication, preparation, implementation, monitoring, checking and evaluation of projects, policies, programmes and legislation.
   Article 8
   Implementing measures
   1.   The Commission shall implement the Community financial support in accordance with the Regulation (EC, Euratom) No 1605/2002, hereinafter referred to as ‘the Financial Regulation’.
   2.   To implement the Programme, the Commission shall, within the limits of the general objectives set out in Article 2, adopt an annual work programme, by the end of September specifying its specific objectives, thematic priorities, a description of accompanying measures envisaged in Article 7(3) and if necessary a list of other actions.
   The annual work programme for 2007 shall be adopted three months after taking of effect of this Decision.
   3.   The annual work programme shall be adopted in accordance with the management procedure laid down in Article 11.
   4.   The evaluation and award procedures relating to grants for actions shall take into account, inter alia, the following criteria:

               (a)

               conformity with the annual work programme, the general objectives as specified in Article 2 and measures taken in the different domains as specified in Articles 3 and 4;

               (b)

               quality of the proposed action regarding its conception, organisation, presentation and expected results;

               (c)

               amount requested for community financing and its appropriateness as to expected results;

               (d)

               impact of the expected results on the general objectives defined in Article 2 and on measures taken in the different domains as specified in Articles 3 and 4.

         5.   The applications for operating grants, referred to in Article 4(c) and (d), shall be assessed in the light of:

               (a)

               consistency with the Programme objectives;

               (b)

               quality of the planned activities;

               (c)

               likely multiplier effect on the public of these activities;

               (d)

               geographic impact of the activities carried out;

               (e)

               citizen involvement in the organisation of the bodies concerned;

               (f)

               cost/benefit ratio of the activity proposed.

         6.   Decisions related to actions submitted under Article 4(1)(a) shall be adopted by the Commission in accordance with the management procedure laid down in Article 11. Decisions related to actions submitted under Article 4(1)(b) to (e) shall be adopted by the Commission in accordance with the advisory procedure laid down in Article 10.
   Decisions on applications for grants involving profit-oriented bodies or organisations shall be adopted by the Commission in accordance with the management procedure laid down in Article 11.
   7.   Pursuant to Article 113(2) of the Financial Regulation, the principle of gradual reduction shall not apply to the operating grant given to the European Judicial Training Network since it pursues an objective of general European interest.
   Article 9
   Committee
   1.   The Commission shall be assisted by a committee, composed of representatives of the Member States and chaired by the representative of the Commission (hereinafter referred to as the ‘the Committee’).
   2.   The Committee shall adopt its Rules of Procedure.
   3.   The Commission may invite representatives from the applicant countries to information meetings after the Committee's meetings.
   Article 10
   Advisory procedure
   1.   Where reference is made to this Article, the representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the chair may lay down according to the urgency of the matter, if necessary by taking a vote.
   2.   The opinion shall be recorded in the minutes; each Member State may request that its position be recorded in the minutes.
   3.   The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which the opinion has been taken into account.
   Article 11
   Management procedure
   1.   Where reference is made to this Article, the representative of the Commission shall submit to the committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft, within a time limit which the chair may lay down according to the urgency of the matter. In the case of decisions which the Council is required to adopt on a proposal from the Commission, the opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty establishing the European Community. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chair shall not vote.
   2.   The Commission shall adopt measures which shall apply immediately. However, if the measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. In that event, the Commission may defer application of the measures which it has decided on for a period of three months from the date of such communication.
   3.   The Council, acting by qualified majority, may take a different decision within the period provided for by paragraph 2.
   Article 12
   Complementarity
   1.   Synergies and complementarity shall be sought with other Union and Community instruments, inter alia, with the Specific Programme ‘Civil Justice’, as part of the General Programme on Fundamental Rights and Justice, and the general programmes on Security and Safeguarding Liberties and Solidarity and Management of Migration Flows. The statistical element of information on criminal justice shall be developed in collaboration with Member States, using as necessary the Community Statistical Programme.
   2.   The Programme may share resources with other Union and Community instruments, in particular the Specific Programme ‘Civil Justice’, as part of the General Programme on Fundamental rights and Justice, in order to implement actions meeting the objectives of both programmes.
   3.   Operations financed under this Decision shall not receive assistance for the same purpose from other Union/Community financial instruments. It shall be ensured that the beneficiaries of this Decision shall provide the Commission with information about funding received from the general budget of the European Union and from other sources, as well as information about ongoing applications for funding.
   Article 13
   Budgetary resources
   The budgetary resources allocated to the actions provided for in the Programme shall be entered in the annual appropriations of the general budget of the European Union. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.
   Article 14
   Monitoring
   1.   The Commission shall ensure that for any action financed by the Programme, the beneficiary submits technical and financial reports on the progress and that a final report is submitted within three months of the completion of the action. The Commission shall determine the form and structure of the reports.
   2.   The Commission shall ensure that the contracts and agreements resulting from the implementation of the Programme provide in particular for supervision and financial control by the Commission (or any representative authorised by it), if necessary by means of on-the-spot checks, including sample checks, and audits by the Court of Auditors.
   3.   The Commission shall ensure that for a period of five years following the last payment in respect of any action, the beneficiary of financial assistance keeps available for the Commission all the supporting documents regarding expenditure on the action.
   4.   On the basis of the results of the reports and on-the-spot checks referred to in paragraphs 1 and 2, the Commission shall ensure that, if necessary, the scale or the conditions of allocation of the financial assistance originally approved and also the timetable for payments is adjusted.
   5.   The Commission shall ensure that every other step necessary to verify that the actions financed are carried out properly and in compliance with the provisions of this Decision and the Financial Regulation be taken.
   Article 15
   Protection of Community financial interests
   1.   The Commission shall ensure that, when actions financed under this Decision are implemented, the financial interests of the Community are protected by the application of measures to prevent fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Regulations (EC, Euratom) No 2988/95, (Euratom, EC) No 2185/96 and (EC) No 1073/1999.
   2.   For the Community actions financed under this Decision, Regulation (EC, Euratom) No 2988/95 and Regulation (Euratom, EC) No 2185/96 shall apply to any infringement of a provision of Community law, including infringements of a contractual obligation stipulated on the basis of the Programme, resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the European Union or budgets managed by it by an unjustified item of expenditure.
   3.   The Commission shall ensure that the amount of financial assistance granted for an action is reduced, suspended or recovered, if it finds irregularities, including non-compliance with the provisions of this Decision or the individual decision or the contract or agreement granting the financial support in question, or if it transpires that, without Commission approval having been sought, the action has been subjected to a change which conflicts with the nature or implementing conditions of the project.
   4.   If the time limits have not been observed or if only part of the allocated financial assistance is justified by the progress made with implementing an action, the Commission shall ensure that the beneficiary is requested to submit observations within a specified period. If the beneficiary does not give a satisfactory answer, the Commission shall ensure that the remaining financial assistance might be cancelled and repayment of sums already paid demanded.
   5.   The Commission shall ensure that any undue payment is repaid to the Commission. Interest shall be added to any sums not repaid in good time under the conditions laid down by the Financial Regulation.
   Article 16
   Evaluation
   1.   The Programme shall be monitored regularly in order to follow the implementation of activities carried out under the Programme.
   2.   The Commission shall ensure the regular, independent, external evaluation of the Programme.
   3.   The Commission shall submit to the European Parliament and the Council:

               (a)

               an annual presentation on the implementation of the Programme;

               (b)

               an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of the Programme no later than 31 March 2011;

               (c)

               a communication on the continuation of the Programme no later than 30 August 2012;

               (d)

               an ex-post evaluation report no later than 31 December 2014.

         Article 17
   Publication of projects
   Each year the Commission shall publish the list of actions financed under the Programme with a short description of each project.
   Article 18
   Transitional provisions
   This Decision shall, from 1 January 2007, replace the corresponding provisions of the Decision 2002/630/JHA.
   Actions started before 31 December 2006 pursuant to Decision 2002/630/JHA shall continue to be governed, until their completion, by that Decision. The committee provided for in Article 7 thereof shall be replaced by the one provided for in Article 10 of the present Decision.
   Article 19
   Taking of effect and application
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

   It shall apply from 1 January 2007.

      Done at Brussels, 12 February 2007.

            For the Council

            The President

         F.-W. STEINMEIER

      (1)  Opinion delivered on 14 December 2006 (not yet published in the Official Journal).

      (2)  OJ L 203, 1.8.2002, p. 1.

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

      (4)  OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Commission Regulation (EC, Euratom) No 1248/2006 (OJ L 227, 19.8.2006, p. 3).

      (5)  OJ L 312, 23.12.1995, p. 1.

      (6)  OJ L 292, 15.11.1996, p. 2.

      (7)  OJ L 136, 31.5.1999, p. 1.


title: 2007/475/EC: Commission Decision of 25 June 2007 on the compatibility with Community law of measures taken by Italy pursuant to Article 3a(1) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities

text:
               10.7.2007

               EN

               Official Journal of the European Union

               L 180/5

      COMMISSION DECISION

   of 25 June 2007
   on the compatibility with Community law of measures taken by Italy pursuant to Article 3a(1) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities
   (2007/475/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (1), and in particular Article 3a(2) thereof,
   Having regard to the opinion of the Committee established pursuant to Article 23a of Directive 89/552/EEC,
   Whereas:

               (1)

               By letter of 10 May 1999, Italy notified to the Commission measures taken on 9 March 1999 pursuant to Article 3a(1) of Directive 89/552/EEC.

               (2)

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

               (3)

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

               (4)

               The list of events of major importance for society included in the Italian measures was drawn up in a clear and transparent manner.

               (5)

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

               (6)

               A significant number of the events listed in the Italian measures, including the summer and winter Olympic games, the World Cup and the European Championship football matches involving the Italian national team, as well as the finals of these tournaments, fall within the category of events traditionally considered to be of major importance for society, as referred to explicitly in recital 18 of Directive 97/36/EC. These events have a special general resonance in Italy, as they are particularly popular with the general public, not just with those who usually follow sport events. Moreover, they have a generally recognised, distinct cultural importance for the Italian population, given their important contribution to understanding between peoples and the importance of sport for the Italian society as a whole and for the national pride, as they provide the occasion for top Italian sportsmen to succeed in these most important international competitions.

               (7)

               The other listed football events have a special general resonance in Italy and have a generally recognised, distinct cultural importance for the Italian population, given the importance of football for the Italian society as a whole and for the national pride, as they provide the occasion for Italian teams to succeed in top-level football matches attracting international attention.

               (8)

               The Giro d’Italia has a special general resonance in Italy and a generally recognised, distinct cultural importance as a catalyst of national cultural identity, not only because of its importance as a highlevel sports event but also as an occasion to promote the country of Italy.

               (9)

               The special general resonance in Italy and the generally recognised, distinct cultural importance of the Formula One Italian Grand Prix for the Italian population results from the great success of Italian cars in Formula One races.

               (10)

               The San Remo Italian music festival has a special general resonance in Italy and has a generally recognised, distinct cultural importance for Italian cultural identity as a ‘popular culture’ event forming part of the Italian cultural tradition.

               (11)

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

               (12)

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

               (13)

               After communication by the Commission to the other Member States of the Italian measures and consultation of the Committee established pursuant to Article 23a of Directive 89/552/EEC, the Director-General for Education and Culture informed Italy, by letter of 5 July 1999, that the European Commission did not intend to object to the measures notified.

               (14)

               On 7 September 1999, an amendment to the Italian measures was notified to the Commission. This amendment did not introduce any changes to the events listed.

               (15)

               The Italian measures were published in the C Series of the Official Journal of the European Communities
                   (2) in accordance with Article 3a(2) of Directive 89/552/EEC. The corrigendum to that publication was subsequently published in the C Series of the Official Journal of the European Communities
                   (3).

               (16)

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

         HAS DECIDED AS FOLLOWS:
   Article 1
   The measures pursuant to Article 3a(1) of Directive 89/552/EEC notified by Italy to the Commission on 10 May 1999, as published in the
         Official Journal of the European Communities C 277 of 30 September 1999 (corrigendum in the
         Official Journal of the European Communities C 208 of 26 July 2001), are compatible with Community law.
   Article 2
   The measures, as set out in the Annex to this Decision, shall be published in the Official Journal in accordance with Article 3a(2) of Directive 89/552/EEC.

      Done at Brussels, 25 June 2007.

            For the Commission

         Viviane REDING

            Member of the Commission

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

      (2)  OJ C 277, 30.9.1999, p. 3.

      (3)  OJ C 208, 26.7.2001, p. 27.

      ANNEX
      Publication in accordance with Article 3a(2) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities
      The measures taken by Italy to be published pursuant to Article 3a(2) of Directive 89/552/EEC are set out in the following extracts from Decision No 8/1999 of the Communications Authority of 9 March 1999, as amended by its Decision No 172/1999 of 28 July 1999:

         ‘Article 1
         1.   This Decision concerns television broadcasting of events considered of major importance to society.
         2.   An “event of major importance to society” means an event of a sporting or non-sporting nature which satisfies at least two of the following four criteria:

                     (a)

                     the event and its outcome are of special and widespread interest in Italy, interesting persons other than those who usually watch this type of event on television;

                     (b)

                     the event enjoys widespread recognition by the general public, has particular cultural significance and strengthens Italian cultural identity;

                     (c)

                     the event involves a national team in a specific sporting discipline in a major international tournament;

                     (d)

                     the event has traditionally been broadcast on free television and has enjoyed high viewing figures in Italy.

               Article 2
         1.   The Authority has drawn up the following list of events considered to be of major importance for society which may not be transmitted by television broadcasters under Italian jurisdiction on an exclusive basis and in encrypted form, in order to make it possible for a substantial proportion (more than 90 %) of the Italian public to follow them on free television without incurring additional costs for the acquisition of technical equipment:

                     (a)

                     the summer and winter Olympic Games;

                     (b)

                     the football World Cup final and all matches involving the Italian national team;

                     (c)

                     the European football Championship final and all matches involving the Italian national team;

                     (d)

                     all matches involving the Italian national football team, at home and away, in official competitions;

                     (e)

                     the final and the semi-finals of the Champions League and the UEFA Cup where an Italian team is involved;

                     (f)

                     the Tour of Italy (Giro d'Italia) cycling competition;

                     (g)

                     the Formula One Italian Grand Prix;

                     (h)

                     the San Remo Italian music festival.

               2.   The events referred to in paragraph 1(b) and (c) above are to be given full live coverage. For the other events, the television broadcasters are free to decide on the arrangements for unencrypted transmission.’


title: Council Decision 2011/119/CFSP of 21 February 2011 extending the mandate of the European Union Special Representative in Kosovo

text:
               22.2.2011

               EN

               Official Journal of the European Union

               L 47/18

         COUNCIL DECISION 2011/119/CFSP
   of 21 February 2011
   extending the mandate of the European Union Special Representative in Kosovo (1)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and, in particular Articles 28, 31(2) and 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 4 February 2008, the Council adopted Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (2) and Joint Action 2008/123/CFSP (3) appointing Mr Pieter FEITH European Union Special Representative (EUSR) in Kosovo.

               (2)

               On 11 August 2010, the Council adopted Decision 2010/446/CFSP (4) extending the mandate of the EUSR until 28 February 2011.

               (3)

               The mandate of the EUSR should be extended until 30 April 2011.

               (4)

               The EUSR will implement his mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union’s external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/446/CFSP is hereby amended as follows:

               (1)

               Article 1 is replaced by the following:
               ‘Article 1
               European Union Special Representative
               The mandate of Mr Pieter FEITH as the EUSR in Kosovo is hereby extended until 30 April 2011.’.

               (2)

               Article 5(1) is replaced by the following:
               ‘1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 September 2010 to 30 April 2011 shall be EUR 1 230 000.’.

               (3)

               Article 6 is replaced by the following:
               ‘Article 6
               Constitution and composition of the team
               1.   A dedicated staff shall be assigned to assist the EUSR to implement his mandate and to contribute to the coherence, visibility and effectiveness of Union action in Kosovo overall. Within the limits of his mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of his team.
               2.   Member States, institutions of the Union and the European External Action Service (EEAS) may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the Union institutions or the EEAS may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
               3.   All seconded personnel shall remain under the administrative authority of the sending Member State, the Union institution or the EEAS and shall carry out their duties and act in the interest of the mandate of the EUSR.’.

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

      Done at Brussels, 21 February 2011.

            For the Council

            The President

         C. ASHTON

      (1)  Under United Nations Security Council Resolution 1244 (1999).

      (2)  OJ L 42, 16.2.2008, p. 92.

      (3)  OJ L 42, 16.2.2008, p. 88.

      (4)  OJ L 211, 12.8.2010, p. 36.