title: Decision (EU) 2016/344 of the European Parliament and of the Council of 9 March 2016 on establishing a European Platform to enhance cooperation in tackling undeclared work (Text with EEA relevance)

text:
               11.3.2016

               EN

               Official Journal of the European Union

               L 65/12

         DECISION (EU) 2016/344 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 9 March 2016
   on establishing a European Platform to enhance cooperation in tackling undeclared work
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 153(2)(a) thereof,
   Having regard to the proposal from the European Commission,
   After transmission of the draft legislative act to the national parliaments,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having regard to the opinion of the Committee of the Regions (2),
   Acting in accordance with the ordinary legislative procedure (3),
   Whereas:

               (1)

               In its Communication of 18 April 2012 entitled ‘Towards a job rich recovery’, the Commission highlighted the need for improved cooperation among Member States and announced the launch of consultations on setting up a platform at Union level between labour inspectorates and other enforcement authorities to combat undeclared work, aimed at improving cooperation, sharing best practices and identifying common principles for inspections.

               (2)

               In accordance with Article 148 of the Treaty on the Functioning of the European Union (TFEU), by Decision (EU) 2015/1848 (4) the Council adopted guidelines for the employment policies of the Member States. Those guidelines give orientations to the Member States on defining their national reform programmes and on implementing reforms. The employment guidelines form the basis for country-specific recommendations that the Council addresses to Member States under that Article. In recent years, those country-specific recommendations have included recommendations on the fight against undeclared work.

               (3)

               Article 151 TFEU sets out as the objectives in the field of social policy the promotion of employment and improved living and working conditions. With a view to achieving those objectives, the Union can support and complement the activities of Member States in the fields of health and safety at work, working conditions, the integration of persons excluded from the labour market, and combating social exclusion. In accordance with Article 153(2)(a) TFEU, the Union may adopt measures to encourage cooperation between Member States, excluding any harmonisation of the laws and regulations of the Member States.

               (4)

               The European Parliament in its resolution of 14 January 2014 on Effective labour inspections as a strategy to improve working conditions in Europe welcomed the Commission's initiative to create a European platform and called for enhanced cooperation at Union level to tackle undeclared work, which, according to the resolution, is damaging the Union's economy, leading to unfair competition, endangering the financial sustainability of the Union social models and resulting in an increasing lack of social and employment protection for workers.

               (5)

               Undeclared work was defined in the Commission Communication of 24 October 2007 entitled ‘Stepping up the fight against undeclared work’ as ‘any paid activities that are lawful as regards their nature but not declared to public authorities, taking into account differences in the regulatory systems of the Member States’. That definition excluded all illegal activities.

               (6)

               Undeclared work often has a cross-border dimension. The nature of undeclared work may vary from one country to the other, depending on the economic, administrative and social context. National legislation as regards undeclared work and the definitions used at national level are diverse. Therefore, measures to tackle undeclared work should be tailored to take account of those differences.

               (7)

               Estimates indicate that undeclared work constitutes a significant part of the Union's economy. As undeclared work is defined differently in national legislation across Member States, it is difficult to obtain precise data of how widespread it is.

               (8)

               The abuse of the status of self-employed persons, as defined in national law, either at national level or in cross-border situations, is a form of falsely declared work that is frequently associated with undeclared work. Bogus self-employment occurs when a person is declared as self-employed while fulfilling the conditions characteristic of an employment relationship, in order to avoid certain legal or fiscal obligations. The Platform established by this Decision (‘the Platform’) should tackle undeclared work in its various forms and falsely declared work that is associated with undeclared work, including bogus self-employment.

               (9)

               Undeclared work has serious implications for the workers concerned, who find themselves having to accept precarious and sometimes hazardous working conditions, much lower wages, severe infringements of labour rights and significantly reduced protection under labour and social protection law, thus depriving them of adequate social benefits, pension rights and access to healthcare, as well as skills development and lifelong learning opportunities.

               (10)

               While the negative effects of undeclared work on society and the economy take various forms, the Platform aims to improve working conditions and to promote integration in the labour market and social inclusion. Undeclared work has serious budgetary implications through decreased tax and social security revenues, thus undermining the financial sustainability of social protection systems. It has negative impacts on employment and productivity and distorts the level playing field.

               (11)

               Undeclared work has different effects on different social groups, inter alia, women, migrants and domestic workers, some undeclared workers being in a particularly vulnerable position.

               (12)

               A wide range of policy approaches and measures to tackle undeclared work have been introduced across the Member States. Member States have also concluded bilateral agreements and carried out multilateral projects on certain aspects of undeclared work. Tackling the complex problem of undeclared work still needs to be developed and requires a holistic approach. The Platform should not prevent the application of bilateral or multilateral agreements or arrangements concerning administrative cooperation.

               (13)

               Taking part in the Platform's activities is without prejudice to the Member States' competences and/or obligations to tackle undeclared work, including their national or international responsibilities under, inter alia, relevant and applicable International Labour Organization (ILO) conventions, such as Convention No 81 concerning Labour Inspection in Industry and Commerce.

               (14)

               Cooperation between Member States at Union level remains far from comprehensive, both in terms of the Member States involved and the issues covered. There is no formal mechanism in place for cross-border cooperation between Member States' relevant authorities to address in a comprehensive way issues related to undeclared work.

               (15)

               Encouraging cooperation between Member States at Union level is necessary to help Member States to tackle undeclared work more efficiently and effectively. In that context, the Platform should aim to facilitate and support the exchange of best practices and information and to provide a framework at Union level for the purpose of developing common understanding, expertise and analysis on undeclared work. Shared definitions and common concepts of undeclared work should reflect labour market developments. The Platform should also encourage cooperation between the different enforcement authorities of Member States participating in such cross-border actions on a voluntary basis.

               (16)

               This Decision aims to encourage cooperation at Union level between Member States. The situation with regard to undeclared work is very different between the Member States and the needs of the relevant authorities and other actors in the different Member States with regard to areas of cooperation therefore also differ. Member States remain competent to decide on their level of involvement in the activities approved at plenary level by the Platform.

               (17)

               Close and effective cooperation between the Member States to support and complement their activities in tackling undeclared work should be encouraged at Union level. Action at national level depends on the particular context in the individual Member States and activities within the Platform cannot replace an assessment at national level of the appropriate actions to be taken.

               (18)

               Member States and their relevant authorities remain competent with regard to the identification, analysis and solving of practical problems relating to the enforcement of relevant Union law on working conditions and social protection at work, and for deciding what measures to take at national level to give effect to the outcomes of the activities of the Platform.

               (19)

               The Platform should make use of all relevant sources of information, in particular studies, bilateral agreements concluded between Member States and multilateral cooperation projects, and create synergies between existing instruments and structures at Union level to maximise the deterrent or preventive effect of those measures. The actions of the Platform could take the form of a framework for joint training, peer reviews, the establishment of tools such as an interactive knowledge bank, taking into account existing feasibility studies, inter alia, the work done by the European Foundation for the Improvement of Living and Working Conditions (Eurofound), and, while recognising the importance of data protection, solutions for data sharing. European campaigns or common strategies could increase the awareness of undeclared work, building on policies and strategies to raise awareness of undeclared work which already exist to varying degrees in the Member States. The Platform should also involve non-governmental actors as important sources of information.

               (20)

               The Platform should contribute to the strengthening of cooperation between Member States, including by facilitating innovative approaches to cross-border cooperation and enforcement as well as by evaluating Member States' experiences of such cooperation. Timely exchanges of information are essential to curb undeclared work.

               (21)

               Where a member of the Platform considers it to be beneficial for the exchange of information and best practices within the Platform to raise specific cases, those cases should be anonymised as appropriate. The Platform can be effective only in an environment where persons raising cases of undeclared work are protected against unfavourable treatment. The Platform should therefore be a forum for the exchange of best practices in that respect.

               (22)

               The exchange of information and best practices should allow the Platform to provide useful input for possible action at Union level to tackle undeclared work, including by the Commission. In the context of the European Semester, the activities of the Platform might provide a useful input where measures related to undeclared work are considered.

               (23)

               Different national enforcement authorities are involved with undeclared work, such as labour inspectorates, other authorities dealing with health and safety at work, social security inspectorates and tax authorities. In some cases, migration authorities and employment services as well as customs authorities and authorities in charge of implementation of the common transport policy, the police, the public prosecutor's office and the social partners may also be involved.

               (24)

               In order to tackle undeclared work comprehensively and successfully, a policy mix needs to be implemented in the Member States. This should be facilitated by encouraging structured cooperation between relevant authorities and other actors. The Platform should include all relevant national authorities, in particular enforcement authorities, which lead and/or are active in tackling undeclared work. Member States remain competent to decide which authorities represent them in the different activities of the Platform. Cooperation between national authorities of the Member States should comply with applicable Union and national law.

               (25)

               To achieve its objectives, the Platform should be supported by a senior representative in each Member State, who should coordinate and liaise with Member States' authorities and, where applicable, with other actors, including the social partners, dealing with the multifaceted aspects of undeclared work.

               (26)

               The Platform should involve the social partners at Union level, both cross-industry and in those sectors that are most severely affected by, or have a particular role in the tackling of, undeclared work, and should cooperate with relevant international organisations, such as the ILO, the Organisation for Economic Cooperation and Development and Union agencies, in particular Eurofound and the European Agency for Safety and Health at Work (EU-OSHA). The involvement of Eurofound and EU-OSHA in the work of the Platform as observers should not extend their existing mandates.

               (27)

               The Platform should adopt its rules of procedure, work programmes and regular reports.

               (28)

               The Platform should be able to establish working groups to examine specific issues and should be able to rely on the expertise of professionals with specific competence.

               (29)

               The Platform should cooperate with the relevant expert groups and committees at Union level whose work has links with undeclared work.

               (30)

               The Platform and its activities should be funded through the PROGRESS axis of the European Union Programme for Employment and Social Innovation (EaSI) within the appropriations set by the European Parliament and the Council. The Commission should ensure that the Platform uses the financial resources dedicated to the Platform in a transparent and efficient way.

               (31)

               Given the importance of openness and access to documents reflected in the principles provided for in Article 15 TFEU, the Platform should conduct its work in a transparent manner and in accordance with those principles.

               (32)

               The Commission should take the necessary administrative steps to set up the Platform.

               (33)

               The Platform should fully respect the fundamental rights and observe the principles recognised in the Charter of Fundamental Rights of the European Union.

               (34)

               Regulation (EC) No 45/2001 of the European Parliament and of the Council (5) and Directive 95/46/EC of the European Parliament and of the Council (6) as well as the relevant national implementing measures apply to the processing of personal data carried out within the framework of this Decision.

               (35)

               The European Data Protection Supervisor has been consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001,

         HAVE ADOPTED THIS DECISION:
   CHAPTER I

      GENERAL PROVISIONS

   Article 1
   Establishment of the Platform
   A Platform, at Union level, to enhance cooperation between Member States in tackling undeclared work (‘the Platform’) is hereby established.
   For the purpose of this Decision, ‘tackling’, in relation to undeclared work, means preventing, deterring and combating undeclared work as well as promoting the declaration of undeclared work.
   Article 2
   Composition of the Platform
   1.   The Platform shall be composed of:

               (a)

               a senior representative appointed by each Member State to represent that Member State;

               (b)

               a representative of the Commission;

               (c)

               a maximum of four representatives of cross-industry social partners at Union level, appointed by those social partners, equally representing both sides of industry.

         2.   The following may attend the meetings of the Platform as observers and their contributions shall be taken into due consideration in accordance with its rules of procedure:

               (a)

               a maximum of 14 representatives of the social partners in sectors with a high incidence of undeclared work, appointed by those social partners, equally representing both sides of industry;

               (b)

               a representative of Eurofound;

               (c)

               a representative of EU-OSHA;

               (d)

               a representative of the ILO;

               (e)

               a representative of each third country in the European Economic Area.

         Observers other than those referred to in the first subparagraph may be invited to attend the meetings of the Platform and their contributions shall be taken into due consideration in accordance with its rules of procedure, depending on the subject that is to be discussed.
   Article 3
   National measures
   This Decision is without prejudice to the competence of Member States to decide on the measures to take at national level to tackle undeclared work.
   Article 4
   Objectives
   The defining purpose of the Platform shall be to provide input with added value at Union level in order to contribute to tackling the complex problem of undeclared work, while fully respecting national competences and procedures.
   The Platform shall contribute to more effective Union and national actions aiming to improve working conditions, promote integration in the labour market and social inclusion, including better enforcement of law within those fields, and to the reduction of undeclared work and the emergence of formal jobs, thus avoiding the deterioration of the quality of work and of health and safety at work, by:

               (a)

               enhancing cooperation between Member States' relevant authorities and other actors involved in order to tackle more efficiently and effectively undeclared work in its various forms and falsely declared work associated with it, including bogus self-employment;

               (b)

               improving the capacity of Member States' different relevant authorities and actors to tackle undeclared work with regard to its cross-border aspects, and in this way contributing to a level playing field;

               (c)

               increasing public awareness of issues relating to undeclared work and of the urgent need for appropriate action as well as encouraging Member States to step up their efforts to tackle undeclared work.

         CHAPTER II

      MISSION AND ACTIVITIES

   Article 5
   Mission
   To achieve the objectives listed in Article 4, the Platform at Union level shall encourage cooperation between Member States through:

               (a)

               exchanging best practices and information;

               (b)

               developing expertise and analysis;

               (c)

               encouraging and facilitating innovative approaches to effective and efficient cross-border cooperation and evaluating experiences;

               (d)

               contributing to a horizontal understanding of matters relating to undeclared work.

         Article 6
   Activities
   1.   In executing its mission, the Platform shall, in particular, carry out the following activities:

               (a)

               improving the knowledge of undeclared work, also with regard to causes and regional differences, by means of shared definitions and common concepts, evidence-based measurement tools and promotion of comparative analysis and relevant methodological instruments for data collection, building on the work of other actors, including the Employment Committee (EMCO) and the Social Protection Committee (SPC);

               (b)

               improving the knowledge and mutual understanding of different systems and practices to tackle undeclared work, including the cross-border aspects thereof;

               (c)

               developing analyses of the effectiveness of different policy measures to tackle undeclared work, including preventive measures and penalties;

               (d)

               establishing tools for efficient sharing of information and experiences, for instance a knowledge bank of different practices and measures taken, including bilateral or multilateral agreements applied in the Member States to tackle undeclared work;

               (e)

               developing tools, such as guidelines for enforcement, handbooks of good practices and shared principles of inspections to tackle undeclared work and evaluating experiences of such tools;

               (f)

               facilitating and supporting different forms of cooperation between Member States by increasing their capacity to tackle cross-border aspects of undeclared work by promoting and facilitating innovative approaches, such as the exchange of staff, use of databases in accordance with applicable national data protection law, and joint activities, and evaluating experiences of such cooperation undertaken by participating Member States;

               (g)

               examining the feasibility of a system of rapid information exchange and improving data sharing in compliance with the Union data protection rules, including exploring possibilities to use the Internal Market Information System (IMI) established by Regulation (EU) No 1024/2012 of the European Parliament and of the Council (7) and the Electronic Exchange of Social Security Information (EESSI);

               (h)

               exchanging national authorities' experiences in applying Union law that is relevant to tackling undeclared work;

               (i)

               developing and, where appropriate, improving training capacity for relevant authorities and developing a framework for carrying out joint training;

               (j)

               organising peer reviews to follow progress in tackling undeclared work in Member States choosing to participate in such reviews;

               (k)

               exchanging experiences and developing best practices with regard to cooperation between the relevant authorities of Member States and, where relevant, third countries, in order to increase the efficiency of such cooperation in tackling problems relating to undeclared work involving those countries;

               (l)

               increasing awareness of the problem of undeclared work by carrying out common activities such as European campaigns and coordinating regional or Union-wide strategies, including sectoral approaches;

               (m)

               exchanging experiences with regard to counselling and information provided to workers affected by practices of undeclared work.

         2.   In carrying out the activities referred to in paragraph 1, the Platform shall make use of all relevant sources of information, including studies and multilateral cooperation projects, and take into account relevant Union instruments and structures, as well as experience of relevant bilateral agreements.
   CHAPTER III

      FUNCTIONING OF THE PLATFORM

   Article 7
   Senior representatives
   1.   Each Member State shall appoint a senior representative as a voting member of the Platform.
   Each Member State shall ensure that its senior representative has an appropriate mandate to carry out activities of the Platform. Each Member State shall also appoint one alternate, who shall replace their senior representative where necessary, with a right to vote in such cases.
   2.   In appointing its senior representative and an alternate, each Member State should consider all relevant public authorities, in particular enforcement authorities and other actors involved in accordance with national law and/or practice. They may also, in accordance with national law and/or practice, involve the social partners or other relevant actors.
   3.   Each senior representative appointed pursuant to this Article shall participate in the plenary meetings of the Platform and, where appropriate, in other activities and working groups of the Platform.
   Each senior representative shall provide the Commission with the list and contact details of the relevant authorities and, where applicable, the social partners and other relevant actors, which are involved in the tackling of undeclared work.
   Each senior representative shall liaise with all relevant authorities and, where applicable, the social partners and other relevant actors, regarding the activities of the Platform and shall coordinate their participation at the meetings of the Platform and/or their contribution to the activities of the Platform or of its working groups.
   Article 8
   Operation
   1.   The Platform shall be chaired by the representative of the Commission. The Chair shall be assisted by two Co-Chairs chosen from among the senior representatives.
   The Chair and the Co-Chairs shall constitute the Bureau.
   The Bureau shall prepare and organise the work of the Platform in conjunction with a Secretariat, which shall function as secretariat to the Platform, including the Bureau and working groups. The Secretariat shall be provided by the Commission.
   2.   The Platform shall meet at least twice a year.
   3.   In executing its mission, the Platform shall adopt decisions on:

               (a)

               its rules of procedure;

               (b)

               2-year work programmes setting out, inter alia, its priorities and a concrete description of the activities referred to in Article 6;

               (c)

               reports of the Platform every 2 years;

               (d)

               the establishment of working groups to examine issues specified in its work programmes including the practical arrangements for those working groups, which are to be dissolved once their mandates are fulfilled.

         The Platform shall adopt the decisions referred to in this paragraph by simple majority. The representative of the Commission and the senior representatives shall each have one vote.
   4.   The Bureau may, where appropriate, invite experts with a specific competence in the subject under discussion on a case-by-case basis to participate in the Platform's or in a working group's deliberations.
   5.   The Platform shall be assisted by the Secretariat referred to in paragraph 1. The Secretariat shall prepare the meetings of the Platform, the Platform's draft work programmes and draft reports, and shall follow up on the Platform's meetings and the conclusions thereof.
   6.   The Commission shall regularly inform the European Parliament and the Council about the activities of the Platform, including with regard to joint meetings with expert groups and committees. It shall submit the Platform's work programmes and reports to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.
   Article 9
   Cooperation
   1.   The Platform shall cooperate effectively and shall avoid duplication of work with other relevant expert groups and committees at Union level whose work has a link with undeclared work, in particular, the Senior Labour Inspectors Committee, the Expert Committee on Posting of Workers, the Administrative Commission for Social Security Coordination, the Public Employment Services Network, EMCO, SPC and the Working Group on Administrative Cooperation in the field of Direct Taxation. The Platform shall invite the representatives of those groups and committees to attend its meetings as observers where appropriate. In the interest of more efficient working and enhanced impact, joint meetings may also be organised.
   2.   The Platform shall establish appropriate cooperation with Eurofound and EU-OSHA.
   Article 10
   Reimbursement of expenses
   The Commission shall reimburse travel and, where appropriate, subsistence expenses for members, alternates, observers and invited experts in connection with the Platform's activities.
   The members, alternates, observers and invited experts shall not be remunerated for the services they render.
   Article 11
   Financial support
   The global resources for the implementation of this Decision shall be established within the framework of EaSI. The Commission shall manage the financial resources of EaSI that are dedicated to the Platform in a transparent and efficient way.
   CHAPTER IV

      FINAL PROVISIONS

   Article 12
   Review
   By 13 March 2020, the Commission shall, after consulting the Platform, submit a report on the application and the added value of this Decision to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, and shall propose, where appropriate, necessary amendments. The report shall, in particular, assess to what extent the Platform has contributed to the achievement of the objectives set out in Article 4, fulfilled its mission as set out in Article 5, carried out the activities set out in Article 6 and addressed the priorities set out in its work programmes. The Commission shall submit proposals relating to the functioning of the Platform if appropriate.
   Article 13
   Addressees
   This Decision is addressed to the Member States.
   Article 14
   Entry into force
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Strasbourg, 9 March 2016.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         J.A. HENNIS-PLASSCHAERT

      (1)  OJ C 458, 19.12.2014, p. 43.

      (2)  OJ C 415, 20.11.2014, p. 37.

      (3)  Position of the European Parliament of 2 February 2016 (not yet published in the Official Journal) and decision of the Council of 24 February 2016.

      (4)  Council Decision (EU) 2015/1848 of 5 October 2015 on guidelines for the employment policies of the Member States for 2015 (OJ L 268, 15.10.2015, p. 28).

      (5)  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).

      (6)  Directive 95/46/EC of the European Parliament and of the Council of 24 October 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (OJ L 281, 23.11.1995, p. 31).

      (7)  Regulation (EU) No 1024/2012 of the European Parliament and of the Council of 25 October 2012 on administrative cooperation through the Internal Market Information System and repealing Commission Decision 2008/49/EC (‘the IMI Regulation’) (OJ L 316, 14.11.2012, p. 1).


title: Commission Decision of 26 January 2015 setting up the ‘EU Joint Transfer Pricing Forum’ expert group

text:
               28.1.2015

               EN

               Official Journal of the European Union

               C 28/5

         COMMISSION DECISION
   of 26 January 2015
   setting up the ‘EU Joint Transfer Pricing Forum’ expert group
   (2015/C 28/05)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               Commission Decision 2011/C 24/03 (1) which set up the EU Joint Transfer Pricing Forum expires on 31 March 2015.

               (2)

               Given the importance of transfer pricing tax matters as an Internal Market issue, the positive experience with the EU Joint Transfer Pricing Forum in assisting and advising the Commission, and the Commission’s continuous need for such a body, in order to achieve a more uniform application of transfer pricing rules within the Union, it is necessary to set up a new expert group EU Joint Transfer Pricing Forum and to define its tasks and its structure.

               (3)

               The EU Joint Transfer Pricing Forum should assist and advise the Commission on transfer pricing tax issues.

               (4)

               The EU Joint Transfer Pricing Forum should be composed of governmental and non-governmental sector experts in the field of transfer pricing. It is also desirable to be able to replace members in order to maintain a balanced representation of relevant areas of expertise and areas of interest.

               (5)

               Rules on disclosure of information by members of the EU Joint Transfer Pricing Forum should be laid down.

               (6)

               Personal data should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (2).

               (7)

               Decision 2011/C 24/03 should be repealed.

               (8)

               It is appropriate to fix a period for the application of this Decision,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Subject matter
   The group of experts called the EU Joint Transfer Pricing Forum, hereinafter referred to as ‘the Forum’, is hereby set up.
   Article 2
   Task
   The Forum’s tasks shall be:

               (a)

               to create a platform where business, civil society and national tax administration experts can discuss transfer pricing problems which constitute obstacles to cross-border business activities within the Union;

               (b)

               to advise the Commission on transfer pricing tax issues;

               (c)

               to assist the Commission in finding practical solutions, compatible with the OECD Transfer Pricing Guidelines for Multinational Enterprises and Tax Administrations.

         Article 3
   Consultation
   1.   The Commission may consult the Forum on any matter relating to transfer pricing.
   2.   The Chairperson of the Forum may advise the Commission to consult the Forum on a specific question.
   Article 4
   Membership – Appointment
   1.   Members of the Forum shall be Member States’ tax administrations and 18 organisations (3).
   2.   Each Member State’s tax administration shall appoint one representative to the Forum who shall be a civil servant dealing with transfer pricing matters.
   3.   Organisations shall be appointed by the Director-General of the Directorate-General for Taxation and Customs Union from organisations who have responded to a dedicated call for applications and who have nominated as their representatives suitably qualified experts.
   4.   Organisations deemed suitable for membership but not appointed may be placed on a reserve list, which the Commission may use for the appointment of replacements.
   5.   Organisations shall be appointed for two years. They shall remain in office until such time as they are replaced or their term of office ends. Their term of office may be renewed.
   6.   Organisations may be replaced for the remainder of their term of office in any of the following cases:

               (a)

               where the organisation resigns;

               (b)

               where the organisation is no longer capable of contributing effectively to the work of the Forum;

               (c)

               where it is desirable in order to maintain a balanced representation of relevant areas of expertise and areas of interest.

         7.   The names of the organisations shall be published in the Register of Commission expert groups and other similar entities (‘the Register’) and on a dedicated website.
   8.   Personal data shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.
   Article 5
   Operation
   1.   The Director-General of the Directorate-General for Taxation and Customs Union shall appoint the Chairperson of the group. Meeting documents shall be prepared under the responsibility of the Chairperson, in consultation with the Commission’s representative.
   2.   In agreement with the Commission’s representative, the Forum may set up sub-groups to examine specific questions on the basis of terms of reference defined by the Forum. Such sub-groups shall be disbanded as soon as their mandate is fulfilled.
   3.   The Commission’s representative may invite on an ad hoc basis experts from outside the Forum with specific competence in a subject on the agenda to participate in the work of the Forum or subgroup. In addition, the Commission’s representative may give observer status to individuals, organisations as defined in rule 8(3) of the Horizontal rules on expert groups (4), candidate countries, and the OECD.
   4.   Members of the Forum and their representatives, as well as invited experts and observers, shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission’s rules on security regarding the protection of EU classified information, laid down in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (5). Should they fail to respect these obligations, the Commission may take all appropriate measures.
   5.   In principle, the meetings of the Forum and its sub-groups shall be held on Commission premises. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend meetings of the Forum and its sub-groups.
   6.   The Forum shall adopt its rules of procedure on the basis of the standard rules of procedure for expert groups.
   7.   The Commission shall publish all relevant documents on the activities carried out by the Forum such as agendas, minutes and participants’ submissions, either in the Register or via a link from the Register to a dedicated website where information can be found. Exceptions to publication are possible where disclosure of a document would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (6).
   Article 6
   Meeting expenses
   1.   Participants in the activities of the Forum shall not be remunerated for the services they render.
   2.   Travel and, where appropriate, subsistence expenses incurred by participants in the activities of the Forum shall be reimbursed by the Commission in accordance with the provisions in force within the Commission.
   3.   Those expenses shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.
   Article 7
   Repeal
   Decision 2011/C 24/03 is repealed.
   Article 8
   Applicability
   This Decision shall apply until 31 March 2019.

      Done at Brussels, 26 January 2015.

            For the Commission

         Pierre MOSCOVICI

            Member of the Commission

      (1)  Commission Decision 2011/C 24/03 of 25 January 2011 setting up the EU Joint Transfer Pricing Forum expert group (OJ C 24, 26.1.2011, p. 3).

      (2)  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).

      (3)  Organisations in the broad sense of the word including companies, associations, Non-Governmental-Organisations, trade unions, universities, research institutes, Union agencies, Union bodies and international organisations.

      (4)  Framework for Commission Expert Groups: Horizontal Rules and Public Register, C(2010) 7649 final.

      (5)  Commission Decision 2001/844/EC, ECSC, Euratom of 29 November 2001 amending its internal Rules of Procedure (OJ L 317, 3.12.2001, p. 1).

      (6)  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). [These exceptions are intended to protect public security, military affairs, international relations, financial, monetary or economic policy, privacy and integrity of the individual, commercial interests, court proceedings and legal advice, inspections/investigations/audits and the institution’s decision-making process.]


title: 2012/693/EU: Council Decision of 7 November 2012 appointing a Danish member of the European Economic and Social Committee

text:
               9.11.2012

               EN

               Official Journal of the European Union

               L 310/49

         COUNCIL DECISION
   of 7 November 2012
   appointing a Danish member of the European Economic and Social Committee
   (2012/693/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to the proposal of the Danish Government,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

               (2)

               A member’s seat on the European Economic and Social Committee has become vacant following the end of the term of office of Mr Nils Juhl ANDREASEN,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ms Rikke EDSJÖ, Senior Consultant, Danish Agriculture and Food Council, is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 7 November 2012.

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ L 251, 25.9.2010, p. 8.


Avis juridique important

|

31989D0691

89/691/EEC: Council Decision of 21 December 1989 concerning the conclusion of an Agreement between the European Economic Community and the Republic of Iceland on trade electronic data interchange systems

Official Journal L 400 , 30/12/1989 P. 0011 - 0011 Finnish special edition: Chapter 16 Volume 1 P. 0095  Swedish special edition: Chapter 16 Volume 1 P. 0095

COUNCIL DECISIONof 21 December 1989concerning the  conclusion of an Agreement between the European Economic Community and the Republic of Iceland on  trade electronic data interchange systems(89/691/EEC)THE COUNCIL OF THE EUROPEAN  COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  235 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas by Decision 87/499/EEC (4) the Council adopted a communications network Community programme  on trade electronic data interchange systems (Tedis); Whereas by Decision 89/241/EEC (5) the Council amended the said Decision in order to enable firms  in non-member countries with which the Community has concluded agreements associating those  countries with the Tedis programme to take part in that programme; Whereas, by that Decision 89/241/EEC, the Council also authorized the Commission to negotiate such  agreements with the members of the European Free Trade Association; Whereas the Agreement between the European Economic Community and the Republic of Iceland on trade  electronic data interchange systems should there be approved, HAS DECIDED AS FOLLOWS: Article 1The Agreement between the European Economic Community and the Republic  of Iceland on trade electronic data interchange systems is hereby approved on behalf of the  Community. The text of the Agreement is attached to this Decision. Article 2The President of the Council shall give, on behalf of the Community, the notification  provided for in Article 8 of the Agreement. Done at Brussels, 21 December 1989. For the CouncilThe PresidentE. CRESSON(1) OJ N° C 285, 11. 11. 1989, p.  6. (2) Opinion delivered on 15 December 1989 (not yet published in the Official Journal). (3) Opinion delivered on 19 December 1989 (not yet published in the Official Journal). (4) OJ N° L 285, 8. 10. 1987, p. 35. (5) OJ N° L 97, 11. 4. 1989, p. 46.


title: Political and Security Committee Decision (CFSP) 2016/1633 of 26 July 2016 on the appointment of the Head of Mission of the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (EUCAP NESTOR/1/2016)

text:
               10.9.2016

               EN

               Official Journal of the European Union

               L 243/8

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2016/1633
   of 26 July 2016
   on the appointment of the Head of Mission of the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (EUCAP NESTOR/1/2016)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision 2012/389/CFSP of 16 July 2012 on the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (1), and in particular Article 9(1) thereof,
   Whereas:

               (1)

               Pursuant to Article 9(1) of Decision 2012/389/CFSP, the Political and Security Committee (‘PSC’) is authorised, in accordance with the third paragraph of Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR), including the decision to appoint a Head of Mission.

               (2)

               On 17 July 2012, the PSC adopted Decision EUCAP NESTOR/1/2012 (2) appointing Mr Jacques LAUNAY as Head of EUCAP NESTOR from 17 July 2012.

               (3)

               On 23 July 2013, the PSC adopted Decision EUCAP NESTOR/3/2013 (3) appointing Mr Etienne DE MONTAIGNE DE PONCINS as Head of EUCAP Nestor from 16 July 2013 to 15 July 2014.

               (4)

               On 24 July 2014, the PSC adopted Decision EUCAP NESTOR/1/2014 (4), extending the mandate of Mr Etienne DE MONTAIGNE DE PONCINS as Head of Mission of EUCAP NESTOR to 15 July 2015.

               (5)

               On 22 July 2016, the High Representative of the Union for Foreign Affairs and Security Policy proposed the appointment of Ms Maria-Cristina STEPANESCU as Head of Mission of EUCAP NESTOR from 1 September 2016 to 12 December 2016,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ms Maria-Cristina STEPANESCU is hereby appointed as Head of Mission of the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) from 1 September 2016 to 12 December 2016.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 26 July 2016.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 187, 17.7.2012, p. 40.

      (2)  Political and Security Committee Decision 2012/426/CFSP of 17 July 2012 concerning the appointment of the Head of the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (EUCAP NESTOR/1/2012) (OJ L 198, 25.7.2012, p. 16).

      (3)  Political and Security Committee Decision 2013/400/CFSP of 23 July 2013 on the appointment of the Head of the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (EUCAP NESTOR/3/2013) (OJ L 202, 27.7.2013, p. 23).

      (4)  Political and Security Committee Decision 2014/642/CFSP of 24 July 2014 extending the mandate of the Head of Mission of the European Union Mission on Regional Maritime Capacity Building in the Horn of Africa (EUCAP NESTOR) (EUCAP NESTOR/1/2014) (OJ L 267, 6.9.2014, p. 4).


title: Council Decision (EU) 2016/350 of 25 February 2016 on the conclusion of the Arrangement between the European Union and the Swiss Confederation on the modalities of its participation in the European Asylum Support Office

text:
               11.3.2016

               EN

               Official Journal of the European Union

               L 65/61

         COUNCIL DECISION (EU) 2016/350
   of 25 February 2016
   on the conclusion of the Arrangement between the European Union and the Swiss Confederation on the modalities of its participation in the European Asylum Support Office
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 74 and Article 78(1) and (2), in conjunction with point (a) of Article 218(6), thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               In accordance with Council Decision 185/2014/EU (1), the Arrangement between the European Union and the Swiss Confederation on the modalities of its participation in the European Asylum Support Office (the ‘Arrangement’) was signed on 11 February 2014, subject to its conclusion.

               (2)

               The Arrangement should be approved.

               (3)

               As specified in recital 21 of Regulation (EU) No 439/2010 of the European Parliament and of the Council (2), the United Kingdom and Ireland are taking part in and are bound by that Regulation. They should therefore give effect to Article 49(1) of Regulation (EU) No 439/2010 by taking part in this Decision. The United Kingdom and Ireland are therefore taking part in this Decision.

               (4)

               As specified in recital 22 of Regulation (EU) No 439/2010, Denmark is not taking part in and is not bound by that Regulation. Denmark is therefore not taking part in this Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Arrangement between the European Union and the Swiss Confederation on the modalities of its participation in the European Asylum Support Office is hereby approved on behalf of the Union.
   The text of the Arrangement is attached to this Decision.
   Article 2
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 13(1) of the Arrangement (3).
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 25 February 2016.

            For the Council

            The President

         K.H.D.M. DIJKHOFF

      (1)  Council Decision 185/2014/EU of 11 February 2014 on the signing, on behalf of the Union, of the Arrangement between the European Union and the Swiss Confederation on the modalities of its participation in the European Asylum Support Office (OJ L 102, 5.4.2014, p. 1).

      (2)  Regulation (EU) No 439/2010 of the European Parliament and of the Council of 19 May 2010 establishing a European Asylum Support Office (OJ L 132, 29.5.2010, p. 11).

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


title: Decision (EU) 2015/1615 of the European Parliament of 29 April 2015 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2013, Section II — European Council and Council

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/21

      DECISION (EU) 2015/1615 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on discharge in respect of the implementation of the general budget of the European Union for the financial year 2013, Section II — European Council and Council
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the general budget of the European Union for the financial year 2013 (1),

                  —

                  having regard to the consolidated annual accounts of the European Union for the financial year 2013 (COM(2014) 510 — C8-0148/2014) (2),

                  —

                  having regard to the Court of Auditors' annual report on the implementation of the budget concerning the financial year 2013, together with the institutions' replies (3),

                  —

                  having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5),

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (6), and in particular Articles 55, 99, 164, 165 and 166 thereof,

                  —

                  having regard to Rule 94 of and Annex V to its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control (A8-0116/2015),

         1.

            Postpones its decision on granting the Secretary-General of the Council discharge in respect of the implementation of the budget of the European Council and of the Council for the financial year 2013;

         2.

            Sets out its observations in the resolution below;

         3.

            Instructs its President to forward this decision and the resolution forming an integral part of it to the European Council, the Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Ombudsman, the European Data Protection Supervisor and the European External Action Service, and to arrange for their publication in the Official Journal of the European Union (L series).

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ L 66, 8.3.2013.

         (2)  OJ C 403, 13.11.2014, p. 1.

         (3)  OJ C 398, 12.11.2014, p. 1.

         (4)  OJ C 403, 13.11.2014, p. 128.

         (5)  OJ L 248, 16.9.2002, p. 1.

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


title: 2011/615/EU: Decision of the European Parliament of 10 May 2011 on the closure of the accounts of the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/254

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on the closure of the accounts of the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines for the financial year 2009
   (2011/615/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines for the financial year 2009,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Innovative Medicines Initiative Joint Undertaking for the financial year ended 31 December 2009, together with the replies of the Joint Undertaking (1),

               —

               having regard to the Council’s recommendation of 15 February 2011 (05894/2011 — C7-0051/2011),

               —

               having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Council Regulation (EC) No 73/2008 of 20 December 2007 setting up the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines (3), and in particular Article 11(4) thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0129/2011),

               1.

               Approves the closure of the accounts of the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines for the financial year 2009;

               2.

               Instructs its President to forward this Decision to the Executive Director of the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 342, 16.12.2010, p. 15.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 30, 4.2.2008, p. 38.

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


title: 2011/324/EU: Council Decision of 30 May 2011 extending Decision 2010/371/EU concerning the conclusion of the consultation procedure with the Republic of Madagascar pursuant to Article 96 of the ACP-EU Partnership Agreement

text:
               1.6.2011

               EN

               Official Journal of the European Union

               L 146/2

         COUNCIL DECISION
   of 30 May 2011
   extending Decision 2010/371/EU concerning the conclusion of the consultation procedure with the Republic of Madagascar pursuant to Article 96 of the ACP-EU Partnership Agreement
   (2011/324/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 thereof,
   Having regard to 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 (1), as last amended in Ouagadougou on 23 June 2010 (2) (‘the ACP-EU Partnership Agreement’), and in particular Article 96 thereof,
   Having regard to the Internal Agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EU Partnership Agreement (3), and in particular Article 3 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The essential elements referred to in Article 9 of the ACP-EU Partnership Agreement have been violated.

               (2)

               On 6 July 2009, pursuant to Article 96 of the ACP-EU Partnership Agreement, consultations were opened with Madagascar in the presence of representatives of the African, Caribbean and Pacific (‘ACP’) Group of States, during which representatives of the High Transitional Authority failed to present satisfactory proposals or undertakings.

               (3)

               Major efforts have been made in terms of mediation by the Southern African Development Community (‘SADC’) and all the political parties in order to find a solution to the political crisis, in particular the negotiation of a roadmap, proposed by the SADC mediators, charting a consensus-based transition process with a view to holding free, credible elections that would permit a return to constitutional order.

               (4)

               However, 12 months have elapsed and the European Union must now acknowledge that, despite these efforts, the roadmap has not yet been signed by the parties involved or endorsed by the SADC, the African Union or the international community. This makes it impossible, for the moment, to envisage a consensus-based transition for a return to constitutional order, which is essential to amend the appropriate measures in force.

               (5)

               The period of application of Council Decision 2010/371/EU (4) is to expire on 6 June 2011. In the light of the situation described above, it should be extended for 6 months, subject to regular review during this period,

         HAS ADOPTED THIS DECISION:
   Article 1
   In Article 3 of Decision 2010/371/EU, the second sentence is replaced by the following:
   ‘It shall remain in force until 6 December 2011 subject to regular review during this period.’.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 30 May 2011.

            For the Council

            The President

         CSÉFALVAY Z.

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

      (2)  OJ L 287, 4.11.2010, p. 3.

      (3)  OJ L 317, 15.12.2000, p. 376.

      (4)  OJ L 169, 3.7.2010, p. 13.

      ANNEX
      Brussels,

         DRAFT LETTER TO THE PRESIDENT OF THE HIGH TRANSITIONAL AUTHORITY

      Sir,
      The European Union attaches the utmost importance to the provisions of Article 9 of the ACP-EU Partnership Agreement. As essential elements of the Partnership Agreement, respect for human rights, democratic institutions and the rule of law form the basis of our relations.
      By letter of 16 June 2010, the European Union informed you of its Decision 2010/371/EU of 7 June 2010 to conclude the consultations held pursuant to Article 96 of the ACP-EU Partnership Agreement and to take ‘appropriate measures’ within the meaning of Article 96(2)(c) of that Agreement.
      The European Union is aware that all the political parties have made efforts since that date to find a solution to the political crisis afflicting your country. It notes with great interest the developments in the negotiations on a roadmap mediated by the Southern African Development Community, charting a neutral, consensus-based transition process to help Madagascar find a way out of the crisis, which should result in free, credible elections that would permit a return to constitutional order. The European Union wishes to reiterate its full support for SADC mediation efforts.
      The European Union takes note of the outcome of the SADC Summit on 20 May 2011. The Heads of State and Government decided to call, in the shortest possible time, a meeting of all Malagasy parties to come to an agreement on a roadmap, paving the way for free and credible elections. The European Union calls on all Malagasy parties to cooperate in good faith with these efforts.
      The European Union is ready to intensify political dialogue with Madagascar and to provide political and financial support to a consensus-based transition arising from the implementation of a roadmap signed by all parties involved and approved by the SADC, the African Union and the international community. The European Union attaches prime importance to ending the lengthy political crisis which is having an increasingly serious economic and social impact on the people of Madagascar.
      Decision 2010/371/EU expires on 6 June 2011, therefore the European Union has decided to extend the Decision, but will review this Decision once a roadmap has been endorsed by the SADC, the African Union and the international community.
      Yours faithfully,

            For the European Union


title: 2006/709/EC: Council Decision of 29 April 2004 on the signing and provisional application of a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union

text:
               1.11.2006

               EN

               Official Journal of the European Union

               L 303/1

         COUNCIL DECISION
   of 29 April 2004
   on the signing and provisional application of a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union
   (2006/709/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the last sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, in conjunction with Article 300(2) first subparagraph, first sentence thereof,
   Having regard to the Treaty of Accession of 16 April 2003, and in particular Article 2(3) thereof,
   Having regard to the Act annexed to the Treaty of Accession, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 8 December 2003, the Council authorised the Commission, on behalf of the Community and its Member States, to negotiate with the Republic of Kazakhstan a Protocol to the Partnership and Cooperation Agreement to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union, and to provide for certain technical adjustments linked to the institutional and legal developments within the European Union.

               (2)

               Subject to its possible conclusion at a later date, the Protocol has been negotiated between the Parties and should now be signed on behalf of the European Community and its Member States.

               (3)

               The Protocol should be applied on a provisional basis as from the date of accession, pending completion of the relevant procedures for its formal conclusion,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Community and its Member States, the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part, to take account of the accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic to the European Union, subject to possible conclusion at a later stage.
   The text of the Protocol is attached to this Decision (1).
   Article 2
   Pending its entry into force, the Protocol shall be applied on a provisional basis from the date of accession.

      Done at Luxembourg, 29 April 2004.

            For the Council

            The President

         M. McDOWELL

      (1)  See page 3 of this Official Journal.
   PROTOCOL
   to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part, to take account of the accession of the Republic of Estonia, the Czech Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia, and the Slovak Republic to the European Union
   THE KINGDOM OF BELGIUM,
   THE CZECH REPUBLIC,
   THE KINGDOM OF DENMARK,
   THE FEDERAL REPUBLIC OF GERMANY,
   THE REPUBLIC OF ESTONIA,
   THE HELLENIC REPUBLIC,
   THE KINGDOM OF SPAIN,
   THE FRENCH REPUBLIC,
   IRELAND,
   THE ITALIAN REPUBLIC,
   THE REPUBLIC OF CYPRUS,
   THE REPUBLIC OF LATVIA,
   THE REPUBLIC OF LITHUANIA,
   THE GRAND DUCHY OF LUXEMBOURG,
   THE REPUBLIC OF HUNGARY,
   THE REPUBLIC OF MALTA,
   THE KINGDOM OF THE NETHERLANDS,
   THE REPUBLIC OF AUSTRIA,
   THE REPUBLIC OF POLAND,
   THE PORTUGUESE REPUBLIC,
   THE REPUBLIC OF SLOVENIA,
   THE SLOVAK REPUBLIC,
   THE REPUBLIC OF FINLAND,
   THE KINGDOM OF SWEDEN,
   THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
   hereinafter referred to as the ‘Member States’, represented by the Council of the European Union, and
   THE EUROPEAN COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY,
   hereinafter referred to as ‘the Communities’ represented, by the Council of the European Union and the European Commission,
   of the one part, and
   THE REPUBLIC OF KAZAKHSTAN
   of the other part,
   HAVING REGARD TO the accession of the Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia to the European Union on 1 May 2004,
   HAVE AGREED AS FOLLOWS:
   Article 1
   The Czech Republic, Estonia, Cyprus, Latvia, Lithuania, Hungary, Malta, Poland, Slovenia and Slovakia shall be Parties to the Partnership and Cooperation Agreement, establishing a partnership between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part, signed in Brussels on 23 January 1995 (hereinafter the Agreement) and shall respectively adopt and take note, in the same manner as the other Member States of the Community, of the texts of the Agreement and of the documents attached to it.
   Article 2
   To take account of recent institutional developments within the European Union, the Parties agree that, following expiry of the Treaty establishing the European Coal and Steel Community, existing provisions in the Agreement referring to the European Coal and Steel Community shall be deemed to refer to the European Community, which has taken over all rights and obligations contracted by the European Coal and Steel Community.
   Article 3
   This Protocol shall form an integral part of the Agreement.
   Article 4
   1.   This Protocol shall be approved by the Communities, by the Council of the European Union on behalf of the Member States, and by the Republic of Kazakhstan in accordance with their own procedures.
   2.   The Parties shall notify each other of the accomplishment of the corresponding procedures referred to in the preceding paragraph. The instruments of approval shall be deposited with the General Secretariat of the Council of the European Union.
   Article 5
   1.   This Protocol shall enter into force on the same day as the 2003 Treaty of Accession provided that all the instruments of approval of this Protocol have been deposited before that date.
   2.   Where not all the instruments of approval of this Protocol have been deposited before that date, this Protocol shall enter into force on the first day of the first month following the date of the deposit of the last instrument of approval.
   3.   Where not all the instruments of approval of this Protocol have been deposited before 1 May 2004, this Protocol shall apply provisionally with effect from 1 May 2004.
   Article 6
   The texts of the Agreement, the Final Act and all documents annexed to it are drawn up in the Czech, Estonian, Hungarian, Latvian, Lithuanian, Maltese, Polish, Slovak and Slovenian languages.
   These texts are annexed to this Protocol and are equally authentic with the texts in the other languages in which the Agreement, the Final Act and the documents annexed to it are drawn up (1).
   Article 7
   This Protocol is drawn up in duplicate in the Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish, Swedish and in Kazakh languages, each of these texts being equally authentic.

      Hecho en Bruselas, el treinta de abril de dos mil cuatro.
      V Bruselu dne třicátého dubna dva tisíce čtyři.
      Udfærdiget i Bruxelles den tredivte april to tusind og fire.
      Geschehen zu Brüssel am dreißigsten April zweitausendundvier.
      Kahe tuhande neljanda aasta kolmekümnendal aprillil Brüsselis.
      Έγινε στις Βρυξέλλες, στις τριάντα Απριλίου δύο χιλιάδες τέσσερα.
      Done at Brussels on the thirtieth day of April in the year two thousand and four.
      Fait à Bruxelles, le trente avril deux mille quatre.
      Fatto a Bruxelles, addì trenta aprile duemilaquattro.
      Briselē, divi tūkstoši ceturtā gada trīsdesmitajā aprīlī.
      Priimta du tūkstančiai ketvirtų metų balandžio trisdešimtą dieną Briuselyje.
      Kelt Brüsszelben, a kétezer-negyedik év április havának tizenharmadik napján.
      Magħmul fi Brussel fit-tletin jum ta' April tas-sena elfejn u erbgħa.
      Gedaan te Brussel, de dertigste april tweeduizendvier.
      Sporządzono w Brukseli, dnia trzynastego kwietnia roku dwa tysiące czwartego.
      Feito em Bruxelas, em trinta de Abril de dois mil e quatro.
      V Bruseli dňa tridsiateho apríla dvetisícštyri.
      V Bruslju, dne tridesetega aprila leta dva tisoč štiri.
      Tehty Brysselissä kolmantenakymmenentenä päivänä huhtikuuta vuonna kaksituhattaneljä.
      Som skedde i Bryssel den trettionde april tjugohundrafyra.

         Por los Estados miembros
         Za členské státy
         For medlemsstaterne
         Für die Mitgliedstaaten
         Liikmesriikide nimel
         Για τα κράτη μέλη
         For the Member States
         Pour les États membres
         Per gli Stati membri
         Dalībvalstu vārdā
         Valstybių narių vardu
         A tagállamok részéről
         Għall-Istati Membri
         Voor de lidstaten
         W imieniu Państw Członkowskich
         Pelos Estados-Membros
         Za členské štáty
         Za države članice
         Jäsenvaltioiden puolesta
         På medlemsstaternas vägnar

         Por las Comunidades Europeas
         Za Evropská společenství
         For De Europæiske Fællesskaber
         Für die Europäischen Gemeinschaften
         Euroopa ühenduste nimel
         Για τις Ευρωπαϊκές Κοινότητες
         For the European Communities
         Pour les Communautés européennes
         Per le Comunità europee
         Eiropas Kopienu vārdā
         Europos Bendrijų vardu
         Az Európai Közösségek részéről
         Għall-Komunitajiet Ewropej
         Voor de Europese Gemeenschappen
         W imieniu Wspólnot Europejskich
         Pelas Comunidades Europeias
         Za Európske spoločenstvá
         Za Evropski skupnosti
         Euroopan yhteisöjen puolesta
         På Europeiska gemenskapernas vägnar

         Por la República de Kazajstán
         Za Kazašskou republiku
         For Republikken Kasakhstan
         Für die Republik Kasachstan
         Kasahstani Vabariigi nimel
         Για τη Δημοκρατία τον Καζακστάν
         For the Republic of Kazakhstan
         Pour la République du Kazakhstan
         Per la Repubblica del Kazakstan
         Kazahstānas Republikas vārdā
         Kazachstano Respublikos vardu
         Kazahsztán részéről
         Għar-Repubblika tal-Kazakistan
         Voor de Republiek Kazachstan
         W imieniu Republiki Kazachstanu
         Pela República do Cazaquistão
         Za Kazašskú republiku
         Za Republiko Kazahstan
         Kazakstanin tasavallan puolesta
         På Republiken Kazakstans vägnar

      (1)  The Czech, Estonian, Latvian, Lithuanian, Hungarian, Maltese, Polish, Slovak and Slovenian versions of the Agreement shall be published in the special edition of the Official Journal at a later date.


title: 2011/774/EU: Decision of the European Parliament and of the Council of 16 November 2011 on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/021 IE/Construction 71 from Ireland)

text:
               30.11.2011

               EN

               Official Journal of the European Union

               L 317/32

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 16 November 2011
   on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2010/021 IE/Construction 71 from Ireland)
   (2011/774/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

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

               (2)

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

               (3)

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

               (4)

               Ireland submitted an application on 9 June 2010 to mobilise the EGF in respect of redundancies in 230 enterprises operating in the NACE Revision 2 Division 71 (‘Architectural and engineering activities; technical testing and analysis’) in the NUTS II regions of Border, Midlands and Western (IE01) and Southern and Eastern (IE02) in Ireland, and supplemented it by additional information up to 17 June 2011. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 1 387 819.

               (5)

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

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2011, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 1 387 819 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 16 November 2011.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         W. SZCZUKA

      (1)  OJ C 139, 14.6.2006, p. 1.

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


Avis juridique important

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31998D0539

98/539/EC, ECSC, Euratom: Commission Decision of 7 September 1998 updating the amounts specified in the Regulation laying down detailed rules for the implementation of the Financial Regulation (notified under document number C(1998) 2581)

Official Journal L 252 , 12/09/1998 P. 0067 - 0067

COMMISSION DECISION of 7 September 1998 updating the amounts specified in the Regulation laying down detailed rules for the implementation of the Financial Regulation (notified under document number C(1998) 2581) (98/539/EC, ECSC, Euratom)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to the Treaty establishing the European Coal and Steel Community,Having regard to the Treaty establishing the European Atomic Energy Community,Having regard to Commission Regulation (Euratom, ECSC, EC) No 3418/93 of 9 December 1993 laying down detailed rules for the implementation of certain provisions of the Financial Regulation of 21 December 1977 (1), amended by Decision 97/594/EC, ECSC, Euratom (2), and in particular Article 145 thereof,Whereas the European consumer price index (ECPI) was 98,6 in December 1995 and 100,7 in December 1996;Whereas Article 1 of Decision 97/594/ECSC, EC, Euratom should be corrected to show that the ECU 98 700 threshold above which the powers of the ACPC (JRC) take effect for equipment and supply contracts not of a scientific or technical nature (Article 110, second indent point (b) of Regulation (Euratom, ECSC, EC) No 3418/93) also applies to scientific and technical equipment and to R& TD works contracts (Article 110, first indent),HAS DECIDED AS FOLLOWS:Article 1 The fixed amounts specified in the Regulation laying down detailed rules for the implementation of certain provisions of the Financial Regulation are updated as follows with effect from 1 January 1998:>TABLE>Article 2 In Article 1 of Decision 97/594/EC, ECSC, Euratom the reference to 'Article 110, second indent point (b)` is amended to read 'Article 110, first indent and second indent point (b)`.Article 3 This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.The Commission's Accounting Officer shall communicate this Decision to the other Community institutions and bodies.Done at Brussels, 7 September 1998.For the CommissionErkki LIIKANENMember of the Commission(1) OJ L 315, 16. 12. 1993. In accordance with Article 149, Regulation (Euratom, ECSC, EC) No 3418/93 entered into force on 1 January 1994.(2) OJ L 239, 30. 8. 1997, p. 54.


title: Council Decision (EU) 2015/1037 of 7 May 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Republic of Trinidad and Tobago on the short-stay visa waiver

text:
               3.7.2015

               EN

               Official Journal of the European Union

               L 173/64

         COUNCIL DECISION (EU) 2015/1037
   of 7 May 2015
   on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Republic of Trinidad and Tobago on the short-stay visa waiver
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with Article 218(5), thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Regulation (EU) No 509/2014 of the European Parliament and the Council (1) transferred the reference to the Republic of Trinidad and Tobago from Annex I to Annex II of Council Regulation (EC) No 539/2001 (2).

               (2)

               That reference to the Republic of Trinidad and Tobago is accompanied by a footnote indicating that the exemption from the visa requirement shall apply from the date of entry into force of an agreement on visa exemption to be concluded with the European Union.

               (3)

               On 9 October 2014, the Council adopted a decision authorising the Commission to open negotiations with the Republic of Trinidad and Tobago for the conclusion of an agreement between the European Union and the Republic of Trinidad and Tobago on the short-stay visa waiver (the ‘Agreement’).

               (4)

               Negotiations on the Agreement were opened on 12 November 2014 and were successfully finalised by the initialling thereof, by exchange of letters, on 15 December 2014.

               (5)

               The Agreement should be signed, and the declarations attached to the Agreement should be approved, on behalf of he Union. The Agreement should be applied on a provisional basis as from the date of its signature, pending the completion of the procedures for its formal conclusion.

               (6)

               This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (7)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the Agreement between the European Union and the Republic of Trinidad and Tobago on the short-stay visa waiver ( the ‘Agreement’) is hereby authorised, subject to the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The declarations attached to this Decision shall be approved on behalf of the Union.
   Article 3
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 4
   The Agreement shall be applied on a provisional basis as from the date of signature thereof (5), pending the completion of the procedures for its conclusion.
   Article 5
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 7 May 2015.

            For the Council

            The President

         E. RINKĒVIČS

      (1)  Regulation (EU) No 509/2014 of the European Parliament and of the Council of 15 May 2014 amending Council Regulation (EC) No 539/2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 149, 20.5.2014, p. 67).

      (2)  Council Regulation (EC) No 539/2001 of 15 March 2001 listing the third countries whose nationals must be in possession of visas when crossing the external borders and those whose nationals are exempt from that requirement (OJ L 81, 21.3.2001, p. 1).

      (3)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

      (4)  Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

      (5)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


title: 2006/909/EC: Council Decision of 4 December 2006 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning adjustments of trade preferences in cheese undertaken on the basis of Article 19 of the Agreement on the European Economic Area   (Text with EEA relevance)

text:
               9.12.2006

               EN

               Official Journal of the European Union

               L 346/30

         COUNCIL DECISION
   of 4 December 2006
   on the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning adjustments of trade preferences in cheese undertaken on the basis of Article 19 of the Agreement on the European Economic Area
   (Text with EEA relevance)
   (2006/909/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with the first sentence of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Article 19(1) of the Agreement on the European Economic Area foresees that the contracting parties shall examine any difficulties that might arise in their trade in agricultural products and shall endeavour to seek appropriate solutions.

               (2)

               The Kingdom of Norway and the European Community held bilateral consultations, on the basis of the aforesaid Article 19(1), which were concluded satisfactorily on 7 June 2006, giving rise to an Agreement.

               (3)

               That Agreement, in the form of an Exchange of Letters, should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters between the European Community and the Kingdom of Norway, concerning adjustments of trade preferences in cheese undertaken on the basis of Article 19 of the Agreement on the European Economic Area, is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community.

      Done at Brussels, 4 December 2006.

            For the Council

            The President

         L. LUHTANEN

    ---documentbreak---

               9.12.2006

               EN

               Official Journal of the European Union

               L 346/31

         AGREEMENT
   in the form of an Exchange of Letters between the European Community and the Kingdom of Norway concerning adjustments of trade preferences in cheese undertaken on the basis of Article 19 of the Agreement on the European Economic Area
   Sir,
   I have the honour to refer to the consultations between the European Community and the Kingdom of Norway on adjustments of preferential concessions on cheese, held from 3 May 2006 to 7 June 2006, undertaken on the basis of Article 19(1) of the Agreement on the European Economic Area.
   With the aim of improving the bilateral trade conditions for cheese, the European Community and the Kingdom of Norway have agreed to adjust the current respective preferential quotas.
   I hereby confirm that the results of the consultations were as follows:

               1.

               The Kingdom of Norway will increase the existing annual duty free tariff quota on imports into Norway of cheese originating in the European Community by 500 tonnes. The additional quantity will be allocated to existing importers on a pro rata basis (i.e. 12,5 % increase of existing quotas). The volume of the additional tariff quota will be 250 tonnes in 2006. The additional quota will be opened as soon as possible, and no later than 1 November 2006.

               2.

               The European Community will merge the two existing annual duty free tariff quotas on imports into the European Community of cheese originating in Norway (quota numbers 09.4781 and 09.4782). The European Community will apply its normal provisions relating to the management of this merged tariff quota, under a licensing management system. The European Community will implement this merge as of 1 January 2007, at the start of the second semester (1 January 2007 to 30 June 2007) of the management year of this concession (1 July 2006 to 30 June 2007). Possible underutilisation of the existing cheese quotas during the semester 1 July 2006 to 31 December 2006 will be transferred to the semester 1 January 2007 to 30 June 2007.

               3.

               The rules of origin for the purpose of implementing the adjustments referred to in items 1 and 2 are set out in Annex IV to the Exchange of Letters of 2 May 1992. However, paragraph 2 to Annex IV shall refer to the list in Annex II to Protocol 4 to the Agreement on the European Economic Area, to be applied according to Annex I to the same Protocol, instead of the list in the Appendix referred to in paragraph 2 of Annex IV to the Exchange of Letters of 2 May 1992.

               4.

               The Parties agree to take the necessary steps in order to ensure that tariff quotas will be managed in such a way that imports may take place regularly and that the quantities agreed for import can effectively be imported.

         This Exchange of Letters shall be approved by the Parties in accordance with their own procedures.
   I have the honour to confirm that the European Community is in agreement with the content of this letter.
   I should be obliged if you would confirm that the Government of the Kingdom of Norway is in agreement with the above.
   Please accept, Sir, the assurance of my highest consideration,

   Sir,
   I have the honour to acknowledge receipt of your letter of today's date which reads as follows:
   ‘I have the honour to refer to the consultations between the European Community and the Kingdom of Norway on adjustments of preferential concessions on cheese, held from 3 May 2006 to 7 June 2006, undertaken on the basis of Article 19(1) of the Agreement on the European Economic Area.
   With the aim of improving the bilateral trade conditions for cheese, the European Community and the Kingdom of Norway have agreed to adjust the current respective preferential quotas.
   I hereby confirm that the results of the consultations were as follows:

               1.

               The Kingdom of Norway will increase the existing annual duty free tariff quota on imports into Norway of cheese originating in the European Community by 500 tonnes. The additional quantity will be allocated to existing importers on a pro rata basis (i.e. 12,5 % increase of existing quotas). The volume of the additional tariff quota will be 250 tonnes in 2006. The additional quota will be opened as soon as possible, and no later than 1 November 2006.

               2.

               The European Community will merge the two existing annual duty free tariff quotas on imports into the European Community of cheese originating in the Kingdom of Norway (quota numbers 09.4781 and 09.4782). The European Community will apply its normal provisions relating to the management of this merged tariff quota, under a licensing management system. The European Community will implement this merge as of 1 January 2007, at the start of the second semester (1 January 2007 to 30 June 2007) of the management year of this concession (1 July 2006 to 30 June 2007). Possible underutilisation of the existing cheese quotas during the semester 1 July 2006 to 31 December 2006 will be transferred to the semester 1 January 2007 to 30 June 2007.

               3.

               The rules of origin for the purpose of implementing the adjustments referred to in items 1 and 2 are set out in Annex IV to the Exchange of Letters of 2 May 1992. However, paragraph 2 to Annex IV shall refer to the list in Annex II to Protocol 4 to the Agreement on the European Economic Area, to be applied according to Annex I to the same Protocol, instead of the list in the Appendix referred to in paragraph 2 of Annex IV to the Exchange of Letters of 2 May 1992.

               4.

               The Parties agree to take the necessary steps in order to ensure that tariff quotas will be managed in such a way that imports may take place regularly and that the quantities agreed for import can effectively be imported.

         This Exchange of Letters shall be approved by the Parties in accordance with their own procedures.
   I have the honour to confirm that the European Community is in agreement with the content of this letter.
   I should be obliged if you would confirm that the Government of the Kingdom of Norway is in agreement with the above.’.
   I have the honour to confirm that the Government of Norway is in agreement with the content of your letter.
   Please accept, Sir, the assurance of my highest consideration,