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E2003C0703(03)

Authorisation of State aid pursuant to Article 61 and 63 of the EEA Agreement and Article 1(1) of Part I of Protocol 3 to the Surveillance and Court Agreement (EFTA Surveillance Authority decision to propose appropriate measures)

Official Journal C 155 , 03/07/2003 P. 0006 - 0006

Authorisation of State aid pursuant to Article 61 and 63 of the EEA Agreement and Article 1(1) of Part I of Protocol 3 to the Surveillance and Court Agreement(EFTA Surveillance Authority decision to propose appropriate measures)(2003/C 155/07)Date of adoption: 9 April 2003EFTA State: NorwayAid No: SAM 070.019Title: EFTA Surveillance Authority's decision of 9 April 2003 to amend the Authority's decision of 4 December 2002 to propose appropriate measures to Norway with regard to State aid in the form of guarantees under the Act on State Enterprises ("Lov om statsforetak")Legal basis: Act on State Enterprises (Norwegian Act No 71 of 30 August 1991 on State Enterprises; "Lov om statsforetak") as amended by the Norwegian Parliament's decision of 16 December 2002 ("Odelstingsbeslutning nr. 43 (2002-03)")Form of aid: State guaranteeDecision: The appropriate measures, proposed by the Authority and accepted by the Norwegian authorities are as follows:(a) The Norwegian authorities shall take, without delay, any legislative, administrative and other measures necessary to eliminate any incompatible aid resulting from Sections 4, 51 and 53 of the Act on State Enterprises. Any such aid should be abolished with effect from 1 January 2003, with the exception of the continued application of these provisions with respect to State enterprises' financial obligations not linked to specific loans and which existed prior to 1 January 2003. With respect to the latter, the abolishment of the State guarantee resulting from Sections 4, 51 and 53 of the Act on State Enterprises shall take effect as soon as the required legislative process concerning the abolishment of the State guarantee has been finalised, in any event not later than 31 July 2003;(b) The Norwegian Government shall communicate to the Authority the legislative, administrative or other proposals regarding the abolishment of the aid referred to under point 1(a) of this decision as soon as possible and in any event not later than 30 June 2003Other information: The authentic text of the decision, from which all confidential information has been removed, can be found at http://www.eftasurv.intThe Norwegian Government accepted the appropriate measures


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32001D0655

Administrative Commission of the European Communities on social security for migrant workers - 2001/655/EC: Decision No 182 of 13 December 2000 concerning the establishment of a common framework for the collection of data on the settlement of pension claims (Text with EEA relevance)

Official Journal L 230 , 28/08/2001 P. 0020 - 0021

Decision No 182of 13 December 2000concerning the establishment of a common framework for the collection of data on the settlement of pension claims(Text with EEA relevance)(2001/655/EC)THE ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81(d) of Regulation (EEC) No 1408/71, under which the Administrative Commission shall foster and develop cooperation between Member States by modernising procedures for exchange of information, in particular by adapting the information flow between institutions for the purpose of telematic exchange, taking account of the development of data processing in each Member State. The main aim of such modernisation shall be to expedite the award of benefits,Having regard to Article 117 of Regulation (EEC) No 574/72, under which the Administrative Commission shall, on basis of studies and proposals of the Technical Commission, adapt to the new data processing techniques the models of certificates, certified statements, declarations, claims and other documents as well as the routing channels and the data-transmission procedures necessary in applying the Regulation and the implementing Regulation,Whereas:(1) To help the Administrative Commission to assess the extent to which the work of the Technical Commission is contributing to expediting the award of benefits it is appropriate to provide some basic quantified, as well as qualitative, information.(2) The divergences between the information available in the various Member States make comparison difficult and the collection of statistical data should not represent a heavy and unnecessary burden on the Member States.(3) The intention is therefore to collect key basic data on the processing and settlement of old-age pension claims in order to improve knowledge concerning the situation in each Member State, particularly regarding where the main bottlenecks lie in each Member State's system and procedures; to share information on best practice and generate ideas on how processing times could be reduced and to establish clear reference points against which it will be possible for each Member State to benchmark their own performance.(4) It is therefore appropriate to establish a broad common framework for the collection of data on the settlement of pension claims and precise guidelines for this purpose, should be given by the competent authorities to the national institutions,HAS DECIDED AS FOLLOWS:1. That the competent institutions of the Member States (or designated competent institutions where there are several within a Member State) should take the measures necessary to ensure that data identified under point 6 can be collected and supplied.2. That this data should be supplied in May and November of each year to the Technical Commission, provided for under Article 117(c) of Regulation (EEC) No 574/72.3. That the secretariat of the Technical Commission shall be charged with coordinating the collection of this data and, with the approval of the Technical Commission appending it to the twice-yearly progress reports which the Technical Commission provides to the Administrative Commission.4. That the data collected should, at least in the first instance, concern only old-age pensions involving a claimant resident in another Member State and should show the following:(a) the reaction time of the investigating institution in the Member State of residence (that is the time taken by the investigating institution to inform the competent institution that a claim for a pension has been made to the latter institution). For the purposes of this Decision "investigating institution" shall mean the organisation in the claimant's Member State of residence responsible for completing form E 202 whilst "competent institution" means the organisation in the Member State which receives the completed E 202 and is responsible for processing the claim accordingly;(b) the time taken by the competent institution to process the claim (that is the time taken for the Competent Institution to issue a final decision);(c) the total processing time taken by the two Member States involved(1) (that is the length of time the claimant has to wait for the final decision to be issued counting from the date at which the claim was first submitted to the investigating institution).5. In order that the information collected can feed into the two progress reports to be provided to the Administrative Commission by the Technical Commission in the months of June and December every year, it would be helpful for the data to be provided during May and November. The reference period could cover the previous six months, i.e. the information provided in May would include the months of November to April and the information provided in November would include the months of May to October.6. That the actual data collected should comprise the following:(a) the average, shortest and longest time taken during the preceding six months for old age pension claims to sent by the investigating institution to the Competent Institution;(b) the average, shortest and longest time taken during the preceding six months for the issuing of a final decision by the competent institution on an old-age pension where the claimant is living in another Member State;(c) a short commentary by the competent institution to situate the data in context and clarify the factors involved in the settlement of the shortest and longest claims;(d) a short explanation by the competent institution of the methodology used, whether there has been a sample or not, size of sample, period covered, total numbers of files examined, etc.7. That, where possible, data collection begins in January 2001 with a view to a first submission to the Technical Commission in May 2001.8. That each Member State will present their data to the Technical Commission with a view to promoting exchange of experience and dissemination of best practice.9. That the system of collecting and using the data be reviewed at the end of every year and where necessary recommendations made for improvements.10. This Decision shall be published in the Official Journal of the European Communities. It shall apply from 1 January 2001 for a five year period after which it shall be reviewed.The Chairman of the Administrative CommissionJean-Claude Fillon(1) The German delegation is of the opinion that the total processing time is decisive and requests Member States to note the total processing time in relation to Germany.


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32001D0891

2001/891/EC: Decision No 181 of 13 December 2000 concerning the interpretation of Articles 14(1), 14a(1) and 14b(1) and (2) of Council Regulation (EEC) No 1408/71 on the legislation applicable to posted workers and self-employed workers temporarily working outside the competent State (Text with EEA relevance)

Official Journal L 329 , 14/12/2001 P. 0073 - 0077

Decision No 181of 13 December 2000concerning the interpretation of Articles 14(1), 14a(1) and 14b(1) and (2) of Council Regulation (EEC) No 1408/71 on the legislation applicable to posted workers and self-employed workers temporarily working outside the competent State(Text with EEA relevance)(2001/891/EC)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81(a) of Council Regulation (EEC) No 1408/71 of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to the members of their families moving within the Community, under which it is made responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EEC) No 1408/71 and subsequent Regulations,Whereas:(1) Decision No 162 of 31 May 1996 should be brought up to date.(2) The provisions of Articles 14(1), 14a(1) and 14b(1) and (2) of Regulation (EEC) No 1408/71, which provide for an exception to the general rule laid down in Article 13(2)(a), (b) or (c) of the said Regulation, aim in particular to facilitate the freedom to provide services for the benefit of undertakings which post workers to Member States other than that in which they are established, as well as the freedom of workers to move to other Member States. These provisions also aim at overcoming the obstacles likely to impede freedom of movement of workers and at encouraging economic interpenetration whilst avoiding administrative complications, especially for workers and undertakings.(3) The purpose of these provisions is thus to avoid, for workers, employers and social security institutions, the administrative complications which would result from the application of the general rule laid down in Article 13(2)(a), (b) or (c) of the said Regulation where the period of employment is of short duration in a Member State or on a vessel flying the flag of a Member State other than the State in which the undertaking has its registered office or a place of business or the State in which the self-employed person normally pursues his activity.(4) The scope of Article 14a(1)(a) should be clarified, taking account of the case-law of the Court of Justice.(5) The provisions of Articles 14(1), 14a(1) and 14b(1) and (2) of Regulation (EEC) No 1408/71 provide for an exception to the general rule laid down in Article 13(2)(a), (b) and (c) of the said Regulation.(6) The scope of these same provisions should be delimited more precisely and to this end several specific cases that are likely to arise should be listed.(7) The scope of Articles 14(1) or 14b(1) of the said Regulation should for the sake of simplicity be extended to cover the case of a worker who is engaged in a Member State in which the undertaking has its registered office or place of business with a view to being posted to another Member State or to a vessel flying the flag of another Member State, in order to take account of the case-law of the Court of Justice.(8) To this end, the first decisive condition for the application of Articles 14(1) or 14b(1) of the said Regulation is the existence of a direct relationship between the undertaking and the worker it engages.(9) The protection of the worker and the legal security to which he and the institution with which he is insured are entitled require full guarantees that the direct relationship be maintained throughout the period of posting.(10) The second decisive condition for application of Articles 14(1) or 14b(1) of the said Regulation is the existence of ties between the undertaking and the Member State in which it is established. The possibility of posting should therefore be confined solely to undertakings normally carrying on their business in the territory of the Member State whose legislation remains applicable to the posted worker; assuming therefore that the above provisions apply only to undertakings which habitually carry on significant activities in the territory of the Member State in which they are established.(11) Any unwarranted extension of the period of posting due to repeated brief interruptions should be avoided.(12) There can no longer be any guarantee of maintaining the direct relationship if the posted worker is made available to a third undertaking.(13) The administrative complications which Article 14(1) seeks to avoid will at any rate arise if a worker engaged by an undertaking established in a Member State with a view to being posted to another Member State had previously been subject to the legislation of a third Member State or of a non-member country and, a fortiori, if he had previously been subject to the legislation of the Member State to which he is posted. The purpose of Article 14(1) would thus be disregarded. The same applies, mutatis mutandis, to Article 14b(1).(14) It is necessary to be able to carry out, throughout the period of posting, all the checks, in particular with regard to the payment of contributions and the maintenance of the direct relationship, required to prevent wrongful use of the abovementioned provisions, and to ensure that administrative bodies, employers and workers are suitably informed.(15) The worker and the employer must be duly informed of the conditions under which the posted worker is allowed to remain subject to the legislation of the country from which he has been posted.(16) The certificate (form E 101) may have retroactive effect, although it should preferably be issued in advance.(17) The legal effects of the said certificate referred to in Articles 11 and 11a of Council Regulation (EEC) No 574/72 and, consequently, the institutions' duty to cooperate need to be defined precisely.(18) The situation of undertakings and workers should be assessed and monitored by the social security institutions with the appropriate guarantees so as not to impede the freedom to provide services and the freedom of movement of workers.(19) The principle of sincere cooperation, laid down in Article 10 of the EC Treaty, places a number of obligations on the competent institutions for the purpose of implementing Articles 14(1), 14a(1) and 14b(1) and (2). The role of the Administrative Commission needs to be defined more precisely in order to facilitate the application of this principle.(20) The role of the Administrative Commission in the reconciliation of opposing views held by the institutions concerning the applicable legislation, and the procedure for referral to it, need to be defined precisely.Acting in accordance with the provisions of Article 80(3) of Regulation (EEC) No 1408/71,HAS DECIDED AS FOLLOWS:1. The provisions of Articles 14(1) and 14b(1) of Regulation (EEC) No 1408/71 shall apply to a worker subject to the legislation of a Member State (sending State) by virtue of the pursuit of an activity in the employ of an undertaking and who is sent by that undertaking to another Member State (State of employment) in order to perform work there for the said undertaking.The work shall be regarded as being performed for the undertaking of the sending State if it has been established that this work is being performed for that undertaking and that there continues to exist a direct relationship between the worker and the undertaking that posted him.In order to establish whether such a direct relationship continues to exist, assuming therefore that the worker continues to be under the authority of the undertaking which posted him, a number of elements have to be taken into account, including responsibility for recruitment, employment contract, dismissal, the authority to determine the nature of the work.2. Article 14a(1) requires the worker to have been self-employed in the territory of the sending State before performing work on the territory of the State of employment. It is therefore assumed that the worker has been pursuing significant activities for a certain length of time in the territory of the State where he is established before moving to another Member State to perform work in an employed or self-employed capacity, the content and duration of which are predefined and the existence of which must be proven by the relevant contracts.Moreover, in the course of the period during which the worker performs such work, he must continue to fulfil in the sending State the conditions enabling him to pursue his activity when he returns. To this end, he must maintain the infrastructure he needs to pursue his activity in the State in which he is established, in accordance with the legal provisions in force in that State, such as having use of office space, paying social security contributions, paying taxes, having a professional card and a VAT number or being registered with chambers of commerce or professional bodies.3. Pursuant to the provisions of paragraph 1 of this Decision, the abovementioned Articles 14(1) and 14b(1) shall continue to apply in particular under the following conditions:(a) posting of regular staff:if the worker, posted by an undertaking in the sending State to an undertaking in the State of employment, is also posted to one or more other undertakings in the same State of employment, in so far, however, as the worker continues to carry out his work for the undertaking which posted him. This may be the case, in particular, if the undertaking posted the worker to a Member State in order to perform work there successively or simultaneously in two or more undertakings situated in the same Member State;(b) posting of staff engaged with a view to being posted:if the worker subject to the legislation of a Member State in accordance with the provisions of Regulation (EEC) No 1408/71 is engaged in that Member State, in which the undertaking has its registered office or place of business, with a view to being posted on behalf of that undertaking either to another Member State or to a vessel flying the flag of another Member State, provided that:(i) a direct relationship still exists between that undertaking and the worker during his period of posting, and(ii) the undertaking normally carries out its activity in the territory of the first Member State, i.e. the undertaking habitually carries out significant activities in the territory of the first Member State.In order, where necessary and in cases of doubt, to determine whether an undertaking habitually carries on significant activities in the territory of the Member State in which it is established, the competent institution in the latter is required to examine all the criteria characterising the activities carried on by that undertaking, including the place where the undertaking has its registered office and administration, the number of administrative staff working in the Member State in which it is established and in the other Member State, the place where posted workers are recruited and the place where the majority of contracts with clients are concluded, the law applicable to the contracts concluded by the undertaking with its workers, on the one hand, and with its clients, on the other hand, and the turnover during an appropriately typical period in each Member State concerned. This is not an exhaustive list, as the criteria should be adapted to each specific case and take account of the nature of the activities carried out by the undertaking in the State in which it is established.In particular, an undertaking which is established in a Member State and which posts workers to the territory of another Member State and engages in purely internal management activities in the first Member State may not invoke the provisions of Article 14(1)(a) of Regulation (EEC) No 1408/71;(c) brief interruption of the worker's activities with the undertaking in the State of employment shall not constitute an interruption of the posting within the meaning of Articles 14(1) and 14b(1).4. The provisions of the aforementioned Articles 14(1) and 14b(1) shall not apply or shall cease to apply in particular:(a) if the undertaking to which the worker has been posted places him at the disposal of another undertaking in the Member State in which it is situated;(b) if the worker posted to a Member State is placed at the disposal of an undertaking situated in another Member State;(c) if the worker is recruited in a Member State in order to be sent by an undertaking situated in a second Member State to an undertaking in a third Member State.5. (a) The competent institution of the Member State to whose legislation the person concerned remains subject pursuant to the aforementioned Articles 14(1) and 14b(1), in the cases provided for by this Decision, shall duly inform the employer and the worker concerned of the conditions under which the posted worker may continue to be subject to its legislation. The employer shall thus be informed of the possibility of checks throughout the period of posting so as to ascertain that this period has not come to an end. Such checks may relate, in particular, to the payment of contributions and the maintenance of the direct relationship.The competent institution of the Member State in which the person concerned in established, to whose legislation the self-employed person remains subject pursuant to the aforementioned Articles 14a(1) and 14b(2), shall duly inform him of the conditions under which he may continue to be subject to its legislation. The person concerned shall thus be informed of the possibility of checks throughout the period during which he pursues a temporary activity in the State in which he is active, so as to ascertain that the conditions applying to that activity have not changed. Such checks may relate, in particular, to the payment of contributions and the maintenance of the infrastructure needed to pursue his activity in the State in which he is established.(b) Moreover, the posted worker and his employer shall inform the competent institution of the sending State of any change occurring during the period of posting, in particular:- if the posting applied for has in the end not taken place or if the extension of the posting applied for has in the end not taken place,- if the activity is interrupted in a case other than that provided for in paragraph 3(c) of this Decision,- if the posted worker has been assigned by his employer to another undertaking in the sending State, in particular in the event of merger or transfer of an undertaking.(c) The competent institution of the sending State shall, where appropriate and upon request, provide the institution of the State of employment with the information referred to in subparagraph (b).(d) The competent institutions of the sending State and of the State of employment shall cooperate in carrying out the abovementioned checks and where there is any doubt concerning the applicability of Article 14(1)(a) or (b), Article 14a(1) or Article 14b(1) or (2) of Regulation (EEC) No 1408/71.6. Form E 101 should preferably be issued before the beginning of the period concerned; it may, however, be issued during this period or even after it has expired, in which case it may have retroactive effect.7. The duty to cooperate referred to in point 5(d) of this Decision also requires:(a) that the competent institution in the sending State carry out a proper assessment of the facts relevant for the application of Articles 14(1), 14a(1) and 14b(1) and (2) of Regulation (EEC) No 1408/71 and Articles 11 and 11a of Regulation (EEC) No 574/72 and consequently guarantees that the information contained in form E 101 is complete;(b) that the competent institution of the State of employment and of any other Member State regard themselves as bound by the E 101 form as long as it is not withdrawn or declared invalid by the competent institution of the sending State;(c) that the competent institution in the sending State reconsider the grounds for the issue of this form and, if necessary, withdraw the certificate if the institution in the State of employment expresses doubts as to the correctness of the facts on which the form is based.8. The social security institutions shall assess and monitor the situations covered by Articles 14(1), 14a(1) and 14b(1) and (2) of Regulation (EEC) No 1408/71 and provide undertakings and workers with all appropriate guarantees so as not to impede the freedom to provide services and the freedom of movement of workers. In particular, the criteria used for assessing whether an undertaking habitually pursues significant activities in the territory of a State, whether a direct relationship exists between the undertaking and the worker, or whether a self-employed worker maintains the infrastructure needed to pursue his activity in a State, must be defined objectively, notified to the interested parties and applied consistently and evenly in the same or similar situations.9. Where the competent institutions fail to reach an agreement, they may submit to the Administrative Commission, through their government representative, a note which will be examined at the first meeting following the 20th day after its submission with a view to reconciling the opposing views on the legislation applicable to the case.10. The Administrative Commission shall encourage cooperation between the competent authorities in the Member States for the purpose of implementing Articles 14(1), 14a(1) and 14b(1) and (2) and shall facilitate follow-up work and the exchange of information, experience and good practice when fixing and grading the criteria for assessing the situations of undertakings and workers, and in connection with the control measures put in place. To this end, it shall draw up in stages, for the benefit of administrative authorities, undertakings and workers, a code of good practice concerning the posting of workers and the pursuit by self-employed workers of a secondary activity outside the State in which they are established.11. This Decision, which replaces Decision No 162 of 31 May 1996, shall apply from the first day of the month following its publication in the Official Journal of the European Communities.Chairman of the Administrative CommissionJean-Claude Fillon


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31974D0420

74/420/EEC: Commission Decision of 19 July 1974 on the Advisory Committees on Oils and Fats, Sugar, Raw Tobacco and Fresh and Processed Fruit and Vegetables

Official Journal L 221 , 12/08/1974 P. 0028 - 0028 Greek special edition: Chapter 03 Volume 11 P. 0041  Spanish special edition: Chapter 03 Volume 7 P. 0256  Portuguese special edition Chapter 03 Volume 7 P. 0256

++++COMMISSION DECISION  OF 19 JULY 1974  ON THE ADVISORY COMMITTEES ON OILS AND FATS , SUGAR , RAW TOBACCO AND FRESH AND PROCESSED FRUIT AND VEGETABLES   ( 74/420/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ;  WHEREAS ADVISORY COMMITTEES ON OILS AND FATS , SUGAR , RAW TOBACCO AND FRESH AND PROCESSED FRUIT AND VEGETABLES WERE SET UP BY THE COMMISSION DECISIONS OF 9 JUNE 1967 ( 1 ) , 29 APRIL 1969 ( 2 ) , 22 DECEMBER 1970 ( 3 ) AND 18 JULY 1962 ( 4 ) RESPECTIVELY ;  WHEREAS THE TEXTS OF THOSE DECISIONS HAVE BEEN REPLACED BY THE COMMISSION DECISIONS ADOPTED ON 31 OCTOBER 1973 ( 5 ) ;  WHEREAS THE MEMBERSHIPS OF THESE COMMITTEES WERE INCREASED BY FURTHER COMMISSION DECISIONS , ALL DATED 29 MARCH 1974 ( 6 ) ;  WHEREAS IT IS CONSIDERED NECESSARY , IN VIEW OF CERTAIN EXCEPTIONAL CIRCUMSTANCES REGARDING THESE COMMITTEES , THAT THE COMMISSION SHOULD ITSELF BE ABLE , IN DEROGATION FROM THE PROVISIONS OF ARTICLE 4 OF THE DECISIONS SETTING UP THE COMMITTEES , DIRECTLY TO FILL THE ADDITIONAL SEATS CREATED BY THE DECISIONS OF 29 MARCH 1974 ,  HAS DECIDED AS FOLLOWS :  SOLE ARTICLE  NOTWITHSTANDING THE PROVISIONS OF ARTICLE 4 OF THE COMMISSION DECISIONS SETTING UP THE ADVISORY COMMITTEES ON OILS AND FATS , SUGAR , RAW TOBACCO AND FRESH AND PROCESSED FRUIT AND VEGETABLES OF 9 JUNE 1967 , 29 APRIL 1969 , 22 DECEMBER 1970 AND 18 JULY 1962 RESPECTIVELY , THE COMMISSION MAY NOMINATE DIRECTLY THE MEMBERS OF SUCH COMMITTEES TO FILL THE ADDITIONAL SEATS CREATED BY THE COMMISSION DECISIONS OF 29 MARCH 1974 .  THIS DECISION SHALL ENTER INTO FORCE ON 19 JULY 1974 .  DONE AT BRUSSELS , 19 JULY 1974 .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI  ( 1 ) OJ NO 119 , 20 . 6 . 1967 , P . 2343/67 .  ( 2 ) OJ NO L 122 , 22 . 5 . 1969 , P . 2 .  ( 3 ) OJ NO L 14 , 18 . 1 . 1971 , P . 8 .  ( 4 ) OJ NO 72 , 8 . 8 . 1962 , P . 2026/62 .  ( 5 ) OJ NO L 355 , 24 . 12 . 1973 , P . 24 .  ( 6 ) OJ NO L 123 , 6 . 5 . 1974 , P . 16 .


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31994D0557

94/557/EC, Euratom: Council Decision of 17 June 1994 authorising the European Community and the European Atomic Energy Community to sign and conclude the Convention defining the Statute of the European Schools

Official Journal L 212 , 17/08/1994 P. 0001 - 0002 Finnish special edition: Chapter 16 Volume 2 P. 0081  Swedish special edition: Chapter 16 Volume 2 P. 0081

COUNCIL DECISION of 17 June 1994 authorizing the European Community and the European Atomic Energy Community to sign and conclude the Convention defining the Statute of the European Schools (94/557/EC, Euratom)THE COUNCIL OF THE EUROPEAN  UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 203 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Whereas the European Communities are concerned to provide for the joint education of the children of their staff in the European Schools as a way of ensuring the proper operation of the Community institutions and of facilitating the accomplishment of  their tasks; whereas, to that end, on 12 April 1957 the original Member States signed the Convention defining the Statute of the European Schools;  Whereas, on 31 May 1990, the Council and the Minister of Education, meeting within the Council, called for a new Convention concerning the European Schools to be drafted with a view to lending greater efficiency to the operation of the Schools and  greater recognition to the role played by the Communities therein;  Whereas the participation of the Communities in the implementation of the said Convention is necessary in order to ensure the attainment of the objectives of the European Community and of the European Atomic Energy Community;  Whereas the European Community and the European Atomic Energy Community will participate in the implementation of the Convention by exercising the powers arising from the rules laid down by the Convention and by such future acts as they may adopt in  accordance with the terms of the Convention;  Whereas it is accordingly necessary for the European Communities to conclude the said Convention;  Whereas the sole powers of action available for the adoption of this Decision are those laid down in Article 235 of the Treaty, establishing the European Community and Article 203 of the Treaty establishing the European Atomic Energy Community,  HAS DECIDED AS FOLLOWS:   Article 1  The Convention defining the Statute of the European Schools is hereby approved on behalf of the European Community and the European Atomic Energy Community.  The text of the Convention is attached hereto.   Article 2  The President of the Council is hereby authorized to designate the person or persons empowered to sign the Convention, with the effect of binding the European Community and the European Atomic Energy Community, and to designate the person  empowered to deposit the instrument of approval in accordance with Article 33 of the Convention.  Done at Luxembourg, 17 June 1994.  For the Council The President Th. MIKROUTSIKOS  (1) OJ No C 93, 2. 4. 1993, p. 1.(2) OJ No C 128, 9. 5. 1994.


title: 86/419/EEC: Council Decision of 8 April 1986 concerning the conclusion of the Agreement between the European Economic Community and the Socialist Republic of Romania on trade in textile products

text:
29 . 8 . 86                               Official Journal of the European Communities                                        No L 245 / 141
                                                      COUNCIL DECISION
                                                          of 8 April 1986
                   concerning the conclusion of the Agreement between the European Economic Community and
                                  the Socialist Republic of Romania on trade in textile products
                                                          ( 86 / 419 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,
                                                                        on trade in textile products is hereby approved on behalf of
Having regard to the Treaty establishing the European                   the Community .
Economic Community , and in particular Article 113
thereof,                                                                The text of the Agreement is attached to this Decision .
Having      regard   to   the   recommendation      from    the
Commission ,
                                                                                Article 2
Whereas the Agreement on trade in textile products
negotiated between the European Economic Community                      The President of the Council shall give the notification
and the Socialist Republic of Romania should be                         provided for in Article 19 of the Agreement (*).
approved ,
HAS DECIDED AS FOLLOWS :
                                                                        Done at Luxembourg , 8 April 1986 .
                            Article 1                                                                               For the Council
                                                                                The President
The Agreement between the European Economic
Community and the Socialist Republic of Romania                                                                G. M. V. van AARDENNE
                                                                         ( 1 ) The date of entry into force of the Agreement will be published in
                                                                               the Official Journal of the European Communities by the
                                                                               General-Secretariat of the Council .


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31998D0017

98/17/EC: Council Decision of 22 April 1997 on the conclusion of the Agreements in the form of an Exchange of Letters between the European Community and, on the one hand, Barbados, Belize, the Republic of the Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Suriname, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe and, on the other hand, the Republic of India on the guaranteed prices for cane sugar for the 1996/97 delivery period

Official Journal L 007 , 13/01/1998 P. 0027 - 0027

COUNCIL DECISION of 22 April 1997 on the conclusion of the Agreements in the form of an Exchange of Letters between the European Community and, on the one hand, Barbados, Belize, the Republic of the Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Suriname, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe and, on the other hand, the Republic of India on the guaranteed prices for cane sugar for the 1996/97 delivery period (98/17/EC) THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113, in conjunction with the first sentence of Article 228(2), thereof,Having regard to the proposal from the Commission,Whereas implementation of Protocol 8 on ACP Sugar annexed to the Fourth ACP-EC Convention of Lomé (1) and of the Agreement between the European Economic Community and the Republic of India on cane sugar (2) is carried out, in accordance with Article 1(2) of each, within the framework of the management of the common organisation of the sugar market;Whereas it is appropriate to approve the Agreements in the form of an Exchange of Letters between the Community and, on the one hand, the States referred to in the Protocol and, on the other hand, the Republic of India on the guaranteed prices for cane sugar for the 1996/97 delivery period,HAS DECIDED AS FOLLOWS:Article 1 The Agreements in the form of an Exchange of Letters between the European Community and, on the one hand, Barbados, Belize, the Republic of the Congo, Fiji, the Cooperative Republic of Guyana, the Republic of Côte d'Ivoire, Jamaica, the Republic of Kenya, the Republic of Madagascar, the Republic of Malawi, the Republic of Mauritius, the Republic of Suriname, Saint Christopher and Nevis, the Kingdom of Swaziland, the United Republic of Tanzania, the Republic of Trinidad and Tobago, the Republic of Uganda, the Republic of Zambia and the Republic of Zimbabwe and, on the other hand, the Republic of India on the guaranteed prices for cane sugar for the 1996/97 delivery period are hereby approved on behalf of the Community.The text of the Agreements is attached to this Decision.Article 2 The President of the Council is hereby authorised to designate the person empowered to sign the Agreements referred to in Article 1 in order to bind the Community.Article 3 This Decision will be published in the Official Journal of the European Communities.Done at Luxembourg, 22 April 1997.For the CouncilThe PresidentJ. VAN AARTSEN(1) OJ L 229, 17. 8. 1991, p. 216.(2) OJ L 190, 22. 7. 1975, p. 35.


title: 2009/434/EC: Council Decision of 25 May 2009 amending Decision 2006/493/EC laying down the amount of Community support for rural development for the period from 1 January 2007 to 31 December 2013 , its annual breakdown and the minimum amount to be concentrated in regions eligible under the Convergence Objective

text:
               9.6.2009

               EN

               Official Journal of the European Union

               L 144/25

      COUNCIL DECISION

   of 25 May 2009
   amending Decision 2006/493/EC laying down the amount of Community support for rural development for the period from 1 January 2007 to 31 December 2013, its annual breakdown and the minimum amount to be concentrated in regions eligible under the Convergence Objective
   (2009/434/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (1), and in particular Article 69(1) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Council Decision 2006/493/EC (2) lays down the amount of Community support for rural development for the period from 1 January 2007 to 31 December 2013, its annual breakdown and the minimum amount to be concentrated in regions eligible under the Convergence Objective.

               (2)

               The European Council, at its meeting on 11 and 12 December 2008, approved a European Economic Recovery Plan (EERP) which envisages the initiation of priority action to enable the Member States’ economies to adjust more rapidly to current challenges.

               (3)

               The EERP is based on an effort equivalent in total to around 1,5 % of European Union GDP, a figure of around EUR 200 billion. Of that amount, EUR 1 020 million should be made available to all Member States via the European Agricultural Fund for Rural Development with a view to developing broadband Internet in rural areas, and to strengthening the operations related to the priorities laid down in points (a) to (f) of Article 16a(1) of Regulation (EC) No 1698/2005. According to the Declaration of the European Parliament, the Council and the Commission on the financing of projects in the field of energy and broadband Internet as well as the CAP Health Check in the framework of the European Economic Recovery Plan (3), EUR 600 million should be available in 2009 while EUR 420 million should be secured through a compensation mechanism at the conciliation of the 2010 Community budgetary procedure and should be available in 2010.

               (4)

               Decision 2006/493/EC should therefore be amended accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Annex to Decision 2006/493/EC is replaced by the text appearing in the Annex to this Decision.
   Article 2
   This Decision shall apply as from 1 January 2009.

      Done at Brussels, 25 May 2009.

            For the Council

            The President

         J. ŠEBESTA

      (1)  OJ L 277, 21.10.2005, p. 1.

      (2)  OJ L 195, 15.7.2006, p. 22.

      (3)  OJ C 108, 12.5.2009, p. 1.

      ANNEX

            ‘ANNEX

               Total amount of commitment appropriations for 2007–2013 (constant 2004 prices), annual breakdown and minimum amount to be concentrated in regions eligible under the Convergence Objective (1)

                        2004 prices in EUR (2)

                        2007

                        2008

                        2009

                        2010

                        2011

                        2012

                        2013

                        Total

                        Total amount for EU-25, plus Bulgaria and Romania

                        9 325 497 783

                        10 788 767 263

                        11 058 446 242

                        10 651 531 634

                        9 824 886 713

                        9 588 187 168

                        9 356 225 581

                        70 593 542 384

                        Minimum amount for regions eligible under the Convergence Objective

                        27 676 975 284

               Total amount of commitment appropriations for 2007–2013 (current prices), annual breakdown and minimum amount to be concentrated in regions eligible under the Convergence Objective (3)

                        Current prices in EUR (4)

                        2007

                        2008

                        2009

                        2010

                        2011

                        2012

                        2013

                        Total

                        Total amount for EU-25, plus Bulgaria and Romania

                        9 896 292 851

                        11 678 108 653

                        12 209 418 209

                        11 995 354 634

                        11 285 706 554

                        11 234 089 442

                        11 181 555 662

                        79 480 526 005

                        Minimum amount for regions eligible under the Convergence Objective

                        31 232 644 963

         (1)  Before modulation and other transfers from market-related expenditure and direct payments of the common agricultural policy to rural development.

         (2)  Amounts are rounded to the nearest euro.

         (3)  Before modulation and other transfers from market-related expenditure and direct payments of the common agricultural policy to rural development.

         (4)  Amounts are rounded to the nearest euro.’


title: 2012/87/EU: Council Decision of 10 February 2012 appointing a Spanish alternate member of the Committee of the Regions

text:
               15.2.2012

               EN

               Official Journal of the European Union

               L 41/18

         COUNCIL DECISION
   of 10 February 2012
   appointing a Spanish alternate member of the Committee of the Regions
   (2012/87/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Spanish Government,
   Whereas:

               (1)

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

               (2)

               An alternate member’s seat has become vacant following the end of the term of office of Ms Cristina Elena TENIENTE SÁNCHEZ,

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

               —

               Ms María Isabel NIETO FERNÁNDEZ, Secretaria Técnica de Acción Exterior de la Junta de Extremadura.

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

      Done at Brussels, 10 February 2012.

            For the Council

            The President

         C. ANTORINI

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

      (2)  OJ L 12, 19.1.2010, p. 11.