# Official Journal C 198/2012

| | ISSN 1977-091X
  doi:10.3000/1977091X.C_2012.198.eng |
| --- | --- |
| Official Journal
  of the European Union | C 198 |
| | |
| English edition | Information and Notices | Volume 556 July 2012 |

ISSN 1977-091X

doi:10.3000/1977091X.C_2012.198.eng

Official Journal

of the European Union

C 198

English edition

Information and Notices

Volume 556 July 2012

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| Notice No | Contents | page |
| --- | --- | --- |
| | II   Information |
| | INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2012/C 198/01 | Non-opposition to a notified concentration (Case COMP/M.6571 — Vitol/Grindrod/Cockett Group) (
  1
  ) | 1 |
| 2012/C 198/02 | Non-opposition to a notified concentration (Case COMP/M.6382 — Unipapel/Spicers) (
  1
  ) | 1 |

Notice No

Contents

page

II   Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 198/01

Non-opposition to a notified concentration (Case COMP/M.6571 — Vitol/Grindrod/Cockett Group) (
  1
  )

1

1

2012/C 198/02

Non-opposition to a notified concentration (Case COMP/M.6382 — Unipapel/Spicers) (
  1
  )

1

1

| | IV   Notices |
| --- | --- |
| | NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES |
| | European Commission |
| 2012/C 198/03 | Euro exchange rates | 2 |
| 2012/C 198/04 | Commission Decision of 2 July 2012 amending Commission Decision C(2009) 770 concerning the adoption of the full text of the best available techniques reference document for energy efficiency (
  1
  ) | 3 |
| 2012/C 198/05 | Commission Decision of 3 July 2012 setting up the EU VAT forum | 4 |
| 2012/C 198/06 | Commission Decision of 5 July 2012 on setting up a multisectoral and independent expert panel to provide advice on effective ways of investing in health | 7 |

IV   Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

2012/C 198/03

Euro exchange rates

2

2012/C 198/04

Commission Decision of 2 July 2012 amending Commission Decision C(2009) 770 concerning the adoption of the full text of the best available techniques reference document for energy efficiency (
  1
  )

1

3

2012/C 198/05

Commission Decision of 3 July 2012 setting up the EU VAT forum

4

2012/C 198/06

Commission Decision of 5 July 2012 on setting up a multisectoral and independent expert panel to provide advice on effective ways of investing in health

7

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| --- | --- |
| | (1)   Text with EEA relevance |

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(1)   Text with EEA relevance

1

| EN | |
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EN

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II Information

INFORMATION FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 6.7.2012 | EN | Official Journal of the European Union | C 198/1 |
| --- | --- | --- | --- |

6.7.2012

EN

Official Journal of the European Union

C 198/1

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Non-opposition to a notified concentration

(Case COMP/M.6571 — Vitol/Grindrod/Cockett Group)

(Text with EEA relevance)

2012/C 198/01

On 25 June 2012, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6571. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32012M6571. EUR-Lex is the on-line access to the European law.

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| 6.7.2012 | EN | Official Journal of the European Union | C 198/1 |
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6.7.2012

EN

Official Journal of the European Union

C 198/1

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Non-opposition to a notified concentration

(Case COMP/M.6382 — Unipapel/Spicers)

(Text with EEA relevance)

2012/C 198/02

On 20 December 2011, the Commission decided not to oppose the above notified concentration and to declare it compatible with the common market. This decision is based on Article 6(1)(b) of Council Regulation (EC) No 139/2004. The full text of the decision is available only in English and will be made public after it is cleared of any business secrets it may contain. It will be available:

| — | in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes, |
| --- | --- |

—

in the merger section of the Competition website of the Commission (http://ec.europa.eu/competition/mergers/cases/). This website provides various facilities to help locate individual merger decisions, including company, case number, date and sectoral indexes,

| — | in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6382. EUR-Lex is the on-line access to the European law. |
| --- | --- |

—

in electronic form on the EUR-Lex website (http://eur-lex.europa.eu/en/index.htm) under document number 32011M6382. EUR-Lex is the on-line access to the European law.

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IV Notices

NOTICES FROM EUROPEAN UNION INSTITUTIONS, BODIES, OFFICES AND AGENCIES

European Commission

| 6.7.2012 | EN | Official Journal of the European Union | C 198/2 |
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6.7.2012

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Official Journal of the European Union

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Euro exchange rates (1)

5 July 2012

2012/C 198/03

1 euro =

| | Currency | Exchange rate |
| --- | --- | --- |
| USD | US dollar | 1,2426 |
| JPY | Japanese yen | 99,14 |
| DKK | Danish krone | 7,4367 |
| GBP | Pound sterling | 0,79840 |
| SEK | Swedish krona | 8,6177 |
| CHF | Swiss franc | 1,2012 |
| ISK | Iceland króna | |
| NOK | Norwegian krone | 7,4760 |
| BGN | Bulgarian lev | 1,9558 |
| CZK | Czech koruna | 25,457 |
| HUF | Hungarian forint | 285,95 |
| LTL | Lithuanian litas | 3,4528 |
| LVL | Latvian lats | 0,6959 |
| PLN | Polish zloty | 4,2060 |
| RON | Romanian leu | 4,4865 |
| TRY | Turkish lira | 2,2467 |
| AUD | Australian dollar | 1,2071 |
| CAD | Canadian dollar | 1,2580 |
| HKD | Hong Kong dollar | 9,6360 |
| NZD | New Zealand dollar | 1,5448 |
| SGD | Singapore dollar | 1,5695 |
| KRW | South Korean won | 1 409,68 |
| ZAR | South African rand | 10,0836 |
| CNY | Chinese yuan renminbi | 7,8992 |
| HRK | Croatian kuna | 7,4963 |
| IDR | Indonesian rupiah | 11 639,91 |
| MYR | Malaysian ringgit | 3,9313 |
| PHP | Philippine peso | 51,822 |
| RUB | Russian rouble | 40,3510 |
| THB | Thai baht | 39,192 |
| BRL | Brazilian real | 2,5116 |
| MXN | Mexican peso | 16,5626 |
| INR | Indian rupee | 68,2840 |

Currency

Exchange rate

USD

US dollar

1,2426

JPY

Japanese yen

99,14

DKK

Danish krone

7,4367

GBP

Pound sterling

0,79840

SEK

Swedish krona

8,6177

CHF

Swiss franc

1,2012

ISK

Iceland króna

NOK

Norwegian krone

7,4760

BGN

Bulgarian lev

1,9558

CZK

Czech koruna

25,457

HUF

Hungarian forint

285,95

LTL

Lithuanian litas

3,4528

LVL

Latvian lats

0,6959

PLN

Polish zloty

4,2060

RON

Romanian leu

4,4865

TRY

Turkish lira

2,2467

AUD

Australian dollar

1,2071

CAD

Canadian dollar

1,2580

HKD

Hong Kong dollar

9,6360

NZD

New Zealand dollar

1,5448

SGD

Singapore dollar

1,5695

KRW

South Korean won

1 409,68

ZAR

South African rand

10,0836

CNY

Chinese yuan renminbi

7,8992

HRK

Croatian kuna

7,4963

IDR

Indonesian rupiah

11 639,91

MYR

Malaysian ringgit

3,9313

PHP

Philippine peso

51,822

RUB

Russian rouble

40,3510

THB

Thai baht

39,192

BRL

Brazilian real

2,5116

MXN

Mexican peso

16,5626

INR

Indian rupee

68,2840

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(1)  Source: reference exchange rate published by the ECB.

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| 6.7.2012 | EN | Official Journal of the European Union | C 198/3 |
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6.7.2012

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Official Journal of the European Union

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COMMISSION DECISION

of 2 July 2012

amending Commission Decision C(2009) 770 concerning the adoption of the full text of the best available techniques reference document for energy efficiency

(Text with EEA relevance)

2012/C 198/04

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Directive 2008/1/EC of the European Parliament and of the Council of 15 January 2008 concerning integrated pollution prevention and control (1), and in particular Article 17(2) thereof,

Having regard to the decision of the Commission of 7 November 2001 (2), in which the Commission decided to delegate to the Director-General of the Environment the power to adopt, on behalf and under the responsibility of the Commission, the full texts of the best available techniques reference documents,

Whereas:

| (1) | Article 17(2) of Directive 2008/1/EC provides for an exchange of information between the Member States and the industries concerned on best available techniques and for the Commission to publish the results of the exchange. |
| --- | --- |

(1)

Article 17(2) of Directive 2008/1/EC provides for an exchange of information between the Member States and the industries concerned on best available techniques and for the Commission to publish the results of the exchange.

| (2) | By Commission Decision C(2009) 770 of 3 February 2009, the Commission adopted the full text of the best available techniques reference document for energy efficiency which is available on the Internet (3). |
| --- | --- |

(2)

By Commission Decision C(2009) 770 of 3 February 2009, the Commission adopted the full text of the best available techniques reference document for energy efficiency which is available on the Internet (3).

| (3) | The Commission has received several complaints from competitors that the company ‘PVT technology’ was misusing the best available techniques reference document for energy efficiency for marketing purposes, also listing the Poetter sensor as an example of best available techniques for energy efficiency. |
| --- | --- |

(3)

The Commission has received several complaints from competitors that the company ‘PVT technology’ was misusing the best available techniques reference document for energy efficiency for marketing purposes, also listing the Poetter sensor as an example of best available techniques for energy efficiency.

| (4) | The best available techniques reference document for energy efficiency should be amended in Section 2.10.4 by deleting the link http://www.pvt-tec.de under the sub-heading ‘Reference information’, |
| --- | --- |

(4)

The best available techniques reference document for energy efficiency should be amended in Section 2.10.4 by deleting the link http://www.pvt-tec.de under the sub-heading ‘Reference information’,

HAS DECIDED AS FOLLOWS:

Sole Article

The link http://www.pvt-tec.de under the sub-heading ‘Reference information’ in Section 2.10.4 of the best available techniques reference document for energy efficiency shall be deleted.

Done at Brussels, 2 July 2012.

For the Commission, by delegation

Karl FALKENBERG

Director-General for the Environment

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(1)  OJ L 24, 29.1.2008, p. 8.

1

(2)  SEC(2001) 1738.

2

(3)  http://eippcb.jrc.es/reference/ene.html

3

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| 6.7.2012 | EN | Official Journal of the European Union | C 198/4 |
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6.7.2012

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Official Journal of the European Union

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COMMISSION DECISION

of 3 July 2012

setting up the EU VAT forum

2012/C 198/05

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Whereas:

| (1) | In its Communication of December 2008 (1), the Commission presented a short-term action plan for combating VAT fraud. It also suggested a reflection on a longer-term approach that could take into account technological developments and new strategies regarding compliance and monitoring, with the overall aim of reducing the involvement of tax authorities and reducing the administrative burden on business. |
| --- | --- |

(1)

In its Communication of December 2008 (1), the Commission presented a short-term action plan for combating VAT fraud. It also suggested a reflection on a longer-term approach that could take into account technological developments and new strategies regarding compliance and monitoring, with the overall aim of reducing the involvement of tax authorities and reducing the administrative burden on business.

| (2) | Furthermore, given the taxpayers’ crucial role in making the VAT system work, and the fact that their relationship with the tax authorities should be based on trust, which could have a considerable influence on the cost of administering the system, the Commission put forward the idea of devising a new approach based on voluntary compliance, risk assessment and monitoring. This approach called upon the expertise of business representatives to contribute to this reflection on the longer-term strategy. |
| --- | --- |

(2)

Furthermore, given the taxpayers’ crucial role in making the VAT system work, and the fact that their relationship with the tax authorities should be based on trust, which could have a considerable influence on the cost of administering the system, the Commission put forward the idea of devising a new approach based on voluntary compliance, risk assessment and monitoring. This approach called upon the expertise of business representatives to contribute to this reflection on the longer-term strategy.

| (3) | In March 2010, the business experts group on a smooth functioning of the VAT in the EU, hereinafter referred to as ‘the business expert group on VAT’ (BEGV), was set up in order to discuss at EU level the actual practical problems that arise from managing the VAT system as it is implemented in the Member States, as well as suggestions for possible solutions for reducing the administrative burden. |
| --- | --- |

(3)

In March 2010, the business experts group on a smooth functioning of the VAT in the EU, hereinafter referred to as ‘the business expert group on VAT’ (BEGV), was set up in order to discuss at EU level the actual practical problems that arise from managing the VAT system as it is implemented in the Member States, as well as suggestions for possible solutions for reducing the administrative burden.

| (4) | On 23 February 2011, Member States agreed on setting up a new ad hoc expert group, known as the ‘tax authorities dialogue platform’ (TADP). The much-changed business environment prompted some Member States to develop a customer-led business strategy which is based on understanding the different groups of tax payers/customers, their behaviours and the difficulties they experience when dealing with tax authorities — from the individual filing of a tax return to the needs of large business. The aim of this approach was to create a level playing field for compliant business for fairer competition and it allowed the tax authorities to allocate resources to combat fraud more efficiently. |
| --- | --- |

(4)

On 23 February 2011, Member States agreed on setting up a new ad hoc expert group, known as the ‘tax authorities dialogue platform’ (TADP). The much-changed business environment prompted some Member States to develop a customer-led business strategy which is based on understanding the different groups of tax payers/customers, their behaviours and the difficulties they experience when dealing with tax authorities — from the individual filing of a tax return to the needs of large business. The aim of this approach was to create a level playing field for compliant business for fairer competition and it allowed the tax authorities to allocate resources to combat fraud more efficiently.

| (5) | Both experts groups have been set up to prepare the dialogue between tax authorities and business experts which is due to take place at EU level in a new forum. |
| --- | --- |

(5)

Both experts groups have been set up to prepare the dialogue between tax authorities and business experts which is due to take place at EU level in a new forum.

| (6) | With a view to improving the governance of VAT at EU level, in line with the Communication from the Commission on the future of VAT — Towards a simpler, more robust and efficient VAT system tailored to the single market (2) —, stakeholders have also advocated setting up a channel of communication at EU level, where tax authorities, business representatives and the Commission would be able to exchange views on the practical aspects of VAT administration. |
| --- | --- |

(6)

With a view to improving the governance of VAT at EU level, in line with the Communication from the Commission on the future of VAT — Towards a simpler, more robust and efficient VAT system tailored to the single market (2) —, stakeholders have also advocated setting up a channel of communication at EU level, where tax authorities, business representatives and the Commission would be able to exchange views on the practical aspects of VAT administration.

| (7) | Identifying best practices on both sides could contribute to streamlining the management of the VAT system, and thereby to reducing compliance costs, while at the same time securing VAT revenue. It is therefore appropriate to set up the EU VAT forum (comprising Member States and stakeholders, and chaired by the Commission) and to define its tasks and its structure. |
| --- | --- |

(7)

Identifying best practices on both sides could contribute to streamlining the management of the VAT system, and thereby to reducing compliance costs, while at the same time securing VAT revenue. It is therefore appropriate to set up the EU VAT forum (comprising Member States and stakeholders, and chaired by the Commission) and to define its tasks and its structure.

| (8) | The EU VAT forum is a structured platform for dialogue, aimed at improving the relationship between business and tax authorities in order to create the conditions for a smoother functioning of the current VAT system in the EU, thereby reducing costs and administrative burden on both sides. Real practical problems arising from managing the VAT system are due to be discussed, as well as suggestions for possible solutions. |
| --- | --- |

(8)

The EU VAT forum is a structured platform for dialogue, aimed at improving the relationship between business and tax authorities in order to create the conditions for a smoother functioning of the current VAT system in the EU, thereby reducing costs and administrative burden on both sides. Real practical problems arising from managing the VAT system are due to be discussed, as well as suggestions for possible solutions.

| (9) | The forum should be chaired by the Commission and consist of the Member States' tax authorities and of organisations representing business or tax practitioners; authorities and organisations in the Member States will nominate their representatives. |
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(9)

The forum should be chaired by the Commission and consist of the Member States' tax authorities and of organisations representing business or tax practitioners; authorities and organisations in the Member States will nominate their representatives.

| (10) | Rules on disclosure of information by members of the forum should be provided for, without prejudice to the Commission's rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (3). |
| --- | --- |

(10)

Rules on disclosure of information by members of the forum should be provided for, without prejudice to the Commission's rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom (3).

| (11) | Personal data should be processed in accordance with 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 (4), |
| --- | --- |

(11)

Personal data should be processed in accordance with 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 (4),

HAS DECIDED AS FOLLOWS:

Article 1

Subject matter

The group of experts called the ‘EU VAT forum’, hereinafter referred to as ‘the forum’, is hereby set up.

Article 2

Tasks

The forum's tasks shall be:

| (a) | to create a platform where business and national tax authorities' experts can informally discuss tax administration issues in the field of VAT with which both parties are currently confronted in a cross-border environment; |
| --- | --- |

(a)

to create a platform where business and national tax authorities' experts can informally discuss tax administration issues in the field of VAT with which both parties are currently confronted in a cross-border environment;

| (b) | to discuss practical insights provided by tax authorities, as well as business experts, and to elaborate on possible ways to manage the current VAT system more efficiently, including by combating fraud, in the interest of both parties with a view to achieving a smoother functioning of the current VAT system; |
| --- | --- |

(b)

to discuss practical insights provided by tax authorities, as well as business experts, and to elaborate on possible ways to manage the current VAT system more efficiently, including by combating fraud, in the interest of both parties with a view to achieving a smoother functioning of the current VAT system;

| (c) | to assist the Commission in promoting good practice including the use of IT, which could culminate in a more efficient, secure, fairer and cost-effective VAT system in the interests of both parties; |
| --- | --- |

(c)

to assist the Commission in promoting good practice including the use of IT, which could culminate in a more efficient, secure, fairer and cost-effective VAT system in the interests of both parties;

| (d) | to work, where necessary, in cooperation with any other appropriate bodies or committees dealing with VAT and administrative cooperation in the tax field. |
| --- | --- |

(d)

to work, where necessary, in cooperation with any other appropriate bodies or committees dealing with VAT and administrative cooperation in the tax field.

Article 3

Consultation

The Commission may consult the forum on any matter relating to tax administration in the field of VAT.

Article 4

Membership — Appointment

1.   The forum shall be composed of a maximum of 45 members.

2.   The forum shall comprise:

| (a) | one representative from each Member State; |
| --- | --- |

(a)

one representative from each Member State;

| (b) | representatives of maximum 15 organisations representing business or tax practitioners. |
| --- | --- |

(b)

representatives of maximum 15 organisations representing business or tax practitioners.

3.   The tax authorities of each Member State shall nominate one representative from among the officials dealing with tax administration issues, compliance and services to users in the European VAT environment.

4.   The Director-General for Taxation and Customs Union shall appoint organisations referred to in Article 4.2(b) with competence in the areas referred to in Article 2 and which have responded to a call for applications.

5.   Organisations shall nominate one representative and an alternate to replace a representative who is absent or indisposed. The Director-General for Taxation and Customs Union may refuse a representative or an alternate proposed by an organisation on the basis that he or she does not meet the profile required in the call for applications. In such cases, the organisation concerned shall be asked to appoint another representative or another alternate.

6.   Alternates shall be appointed on the same conditions as members; alternates automatically replace any members who are absent or indisposed.

7.   Organisations are appointed for three years, unless they are replaced or excluded pursuant to paragraph 9. Their term of office may be renewed after they have responded to a further call for applications.

8.   Organisations deemed suitable for membership, but not appointed, may be placed on a reserve list to be kept for three years, which the Commission shall use to appoint replacements.

9.   Organisations referred to in Article 4.2(b) or their representatives may be replaced or excluded for the remainder of their term of office in any of the following cases:

| (a) | where the organisation or its representative is no longer capable of contributing effectively to the forum's deliberations; |
| --- | --- |

(a)

where the organisation or its representative is no longer capable of contributing effectively to the forum's deliberations;

| (b) | where the organisation or its representative does not comply with the condition set out in Article 339 of the Treaty on the Functioning of the European Union; |
| --- | --- |

(b)

where the organisation or its representative does not comply with the condition set out in Article 339 of the Treaty on the Functioning of the European Union;

| (c) | where the organisation or its representative is not independent of any outside influence; |
| --- | --- |

(c)

where the organisation or its representative is not independent of any outside influence;

| (d) | where the organisation or its representative has failed to inform the Commission in good time of a conflict of interest; |
| --- | --- |

(d)

where the organisation or its representative has failed to inform the Commission in good time of a conflict of interest;

| (e) | where the organisation or its representative resigns; |
| --- | --- |

(e)

where the organisation or its representative resigns;

| (f) | where it is desirable in order to maintain a balanced representation of relevant areas of expertise and areas of interest. |
| --- | --- |

(f)

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

The Director-General for Taxation and Customs Union may ask an organisation to appoint another representative or another alternate on the basis of one or more of the conditions set out in paragraph 9 of this Article.

10.   The names of organisations and their representatives shall be published in the Register of Commission expert groups and other similar entities, hereinafter referred to as ‘Register’, as well as on a dedicated website.

11.   Personal data shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.

Article 5

Operation

1.   The forum shall be chaired by a representative of the Commission.

2.   In agreement with the Commission services, 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 Chairperson may, on an ad hoc basis, invite experts from outside the forum with specific competence on a subject on the agenda to participate in the work of the forum or sub-group. In addition, the Chairperson may grant observer status to individuals or organisations as defined in Rule 8(3) of the horizontal rules on expert group (5) and candidate countries. In particular, representatives of accession countries and from international organisations may be invited as observers.

4.   Members and their representatives, as well as invited experts and observers, shall comply with the obligation of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission rules on security regarding the protection of EU classified information, laid down in the Annex to Decision 2001/844/EC, ECSC, Euratom. Should they fail to respect these obligations, the Commission may take all appropriate measures.

5.   The meetings of the forum and its sub-groups shall in principle 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 publishes relevant documents on the activities carried out by the forum either in the Register or via a link from the Register to a dedicated website. A document shall not be published where its disclosure would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001 (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

Applicability

This Decision shall apply until 30 September 2018.

Done at Brussels, 3 July 2012.

For the Commission

Algirdas ŠEMETA

Member of the Commission

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(1)  Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee on a coordinated strategy to improve the fight against VAT fraud in the European Union, COM(2008) 807 final of 1 December 2008.

1

(2)  COM(2011) 851, 6.12.2011.

2

(3)  OJ L 317, 3.12.2001, p. 1.

3

(4)  OJ L 8, 12.1.2001, p. 1.

4

(5)  Communication from the President to the Commission — Framework for Commission expert groups: horizontal rules and public register, C(2010) 7649 final.

5

(6)  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.

6

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| 6.7.2012 | EN | Official Journal of the European Union | C 198/7 |
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6.7.2012

EN

Official Journal of the European Union

C 198/7

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COMMISSION DECISION

of 5 July 2012

on setting up a multisectoral and independent expert panel to provide advice on effective ways of investing in health

2012/C 198/06

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Whereas:

| (1) | Under Article 168(2) of the Treaty on the Functioning of the European Union, Member States are required, in liaison with the Commission, to coordinate among themselves their policies and programmes in the areas referred to in paragraph 1. The Commission may, in close contact with the Member States, take any useful initiative to promote such coordination, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. |
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(1)

Under Article 168(2) of the Treaty on the Functioning of the European Union, Member States are required, in liaison with the Commission, to coordinate among themselves their policies and programmes in the areas referred to in paragraph 1. The Commission may, in close contact with the Member States, take any useful initiative to promote such coordination, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation.

| (2) | The Council conclusions on common values and principles in European Union health systems (1), adopted in June 2006, recognise that while it is not appropriate to try to standardise health systems at an EU level, there is immense value in work at a European level on health care. Member States have therefore committed themselves to working together to share experiences and information about good practices. |
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(2)

The Council conclusions on common values and principles in European Union health systems (1), adopted in June 2006, recognise that while it is not appropriate to try to standardise health systems at an EU level, there is immense value in work at a European level on health care. Member States have therefore committed themselves to working together to share experiences and information about good practices.

| (3) | The Decision No 1350/2007/EC of the European Parliament and of the Council of 23 October 2007 establishing a second programme of Community action in the field of health (2008-13) (2) (hereinafter referred to as ‘the health programme’), while reiterating, in accordance with Article 168 of the Treaty on the Functioning of the European Union, that health services are primarily the responsibility of Member States, stresses that cooperation at Community level can benefit both patients and health systems. According to Article 2 of this Decision, read in conjunction with points 3.2.2 and 3.2.3 of the Annex, one of the objectives of the health programme is to generate and disseminate health information and knowledge by providing analysis and technical assistance in support of policy makers in the development and implementation of legislation related to the scope of the programme. |
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(3)

The Decision No 1350/2007/EC of the European Parliament and of the Council of 23 October 2007 establishing a second programme of Community action in the field of health (2008-13) (2) (hereinafter referred to as ‘the health programme’), while reiterating, in accordance with Article 168 of the Treaty on the Functioning of the European Union, that health services are primarily the responsibility of Member States, stresses that cooperation at Community level can benefit both patients and health systems. According to Article 2 of this Decision, read in conjunction with points 3.2.2 and 3.2.3 of the Annex, one of the objectives of the health programme is to generate and disseminate health information and knowledge by providing analysis and technical assistance in support of policy makers in the development and implementation of legislation related to the scope of the programme.

| (4) | The Council conclusions ‘Towards modern, responsive and sustainable health systems’, adopted on 6 June 2011 (3), invite the Commission and Member States to initiate a reflection process aiming to identify effective ways of investing in health, and the Commission to support the reflection process by facilitating the access to independent and multisectoral expert advice. |
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(4)

The Council conclusions ‘Towards modern, responsive and sustainable health systems’, adopted on 6 June 2011 (3), invite the Commission and Member States to initiate a reflection process aiming to identify effective ways of investing in health, and the Commission to support the reflection process by facilitating the access to independent and multisectoral expert advice.

| (5) | The Council Working Party on Public Health, meeting at senior level, established a forum for cooperation on effective ways of investing in health, and endorsed the creation of working groups on different topics, such as: enhancing the adequate representation of health in Europe 2020 and in the European Semester, defining success factors for the effective use of Structural Funds for health investments, cost-effective use of medicines, integrated care models and better hospital management, measuring and monitoring the effectiveness of health investments. |
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(5)

The Council Working Party on Public Health, meeting at senior level, established a forum for cooperation on effective ways of investing in health, and endorsed the creation of working groups on different topics, such as: enhancing the adequate representation of health in Europe 2020 and in the European Semester, defining success factors for the effective use of Structural Funds for health investments, cost-effective use of medicines, integrated care models and better hospital management, measuring and monitoring the effectiveness of health investments.

| (6) | The Commission is participating in all these sub-groups with a view to support Member States' cooperation on health systems and to assist it through provision of information and knowledge. |
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(6)

The Commission is participating in all these sub-groups with a view to support Member States' cooperation on health systems and to assist it through provision of information and knowledge.

| (7) | Sound and timely scientific advice is an essential requirement for Commission's provision of information and knowledge relating to sustainability of healthcare systems. It must be based on the principles of excellence, independence, multisectoral approach and transparency. |
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(7)

Sound and timely scientific advice is an essential requirement for Commission's provision of information and knowledge relating to sustainability of healthcare systems. It must be based on the principles of excellence, independence, multisectoral approach and transparency.

| (8) | In that context, it is appropriate to establish an expert group which will support the Commission, by providing independent and sound advice on effective ways of investing in health. |
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(8)

In that context, it is appropriate to establish an expert group which will support the Commission, by providing independent and sound advice on effective ways of investing in health.

| (9) | The expert group should be composed of experienced and knowledgeable persons coming from the public or private sector, as well as from civil society. It is essential that the expert panel make best use of scientific expertise in the EU and beyond as may be necessary for a specific question. |
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(9)

The expert group should be composed of experienced and knowledgeable persons coming from the public or private sector, as well as from civil society. It is essential that the expert panel make best use of scientific expertise in the EU and beyond as may be necessary for a specific question.

| (10) | Rules on disclosure of information by members of the group should be laid down. |
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(10)

Rules on disclosure of information by members of the group should be laid down.

| (11) | Personal data should be collected, processed and published in accordance with 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 (4). |
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(11)

Personal data should be collected, processed and published in accordance with 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 (4).

| (12) | A system of indemnities should be put in place in order to ensure that experts with appropriate competences participate in the group, in representation of civil society, public and private sector. |
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(12)

A system of indemnities should be put in place in order to ensure that experts with appropriate competences participate in the group, in representation of civil society, public and private sector.

| (13) | It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension, |
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(13)

It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension,

HAS DECIDED AS FOLLOWS:

Article 1

Subject matter

An expert group on effective ways of investing in health (hereinafter ‘the panel’) is hereby established.

Article 2

Mission

1.   The mission of the panel shall be to provide the Commission, upon its request, with independent and multisectoral advice on effective ways of investing in health in the fields of expertise set out in Annex I.

2.   Advice provided by the panel shall take account of the work of other Union bodies concerned with the sustainability of health systems, such as the Economic Policy Committee and the Social Protection Committee.

3.   The Commission will circulate advice from the panel to the Member States indicating interest.

4.   The advice will remain informal and will in no circumstances be binding.

Article 3

Membership — Appointment

1.   The panel shall be composed of a maximum of 17 members. The Commission shall determine the number of members of the panel, aiming to ensure the broadest knowledge and understanding of different health systems across the EU.

2.   Members of the panel will be individuals appointed in a personal capacity, in the framework of an open call for applications.

3.   Members of the panel shall be appointed by the Director-General for Health and Consumers from individuals who have responded to the call for applications and who comply with the requirements set out in the call. The members of the panel shall be experts in one or more of the fields of expertise referred to in Annex I, and shall collectively cover the widest possible range of disciplines.

4.   Members of the panel are appointed for three years. Their term of office may be renewed, at most for three consecutive terms.

5.   Members of the panel who are no longer capable of contributing effectively to their duties, who resign or who do not comply with Article 339 of the Treaty, may be replaced for the remainder of their term of office. In that case, the Director-General for Health and Consumers may appoint a replacement, following an open call for applications.

6.   Members of the panel shall act independently and in the public interest.

7.   The names of members of the panel shall be published in the Register of the Commission expert groups and other similar entities (hereinafter ‘the Register’).

8.   Personal data shall be collected, processed and published in accordance with 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 (5).

Article 4

Operation

1.   The panel shall elect the Chairperson and a Vice-Chairperson, according to the rules of procedures referred to in paragraph 9 and in compliance with the Commission horizontal rules on expert groups (6).

2.   Upon request for advice, the chairperson of the panel will appoint a rapporteur from among its members. For particularly complex questions of multidisciplinary nature, more than one rapporteur may be appointed. The rapporteur(s) and the Commission shall agree on the terms of reference of the request for advice. The rapporteur(s) shall be responsible for drafting the advice.

3.   The panel may create working groups to examine particular issues. The working groups shall be chaired by a member of the panel. The working groups shall report back to the panel under the responsibility of their chair.

4.   In agreement with the Commission services, the panel may invite external experts, as well as experts from other EU bodies that they consider to have the relevant scientific knowledge and expertise, to contribute to their work. Commission officials from services with an interest in the proceedings may attend meetings of the panel.

5.   The Commission may request the panel to consult with other bodies for the preparation of the advice.

6.   The Commission may ask the panel to organise one or more meetings, should it deem it necessary for the panel to provide advice. The Commission establishes the venue of the meetings in order to ensure the highest effectiveness of the panel’s activities. Subsistence and travel costs shall be borne by the European Commission, as provided for in Annex II.

7.   Members of the panel, as well as the invited experts, shall comply with the obligations of professional secrecy laid down by the Treaty and its 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 (7). Should they fail to respect these obligations, the Commission may take appropriate measures.

8.   The Directorate-General for Health and Consumers shall provide secretarial services to the panel, particularly through organisation of meetings and reimbursement of travel and subsistence expenses.

9.   The panel shall adopt its rules of procedure by simple majority of its members, on the basis of a proposal presented by the Commission services, in compliance with the Commission horizontal rules on expert groups and the standards rules of procedure for expert groups (8).

10.   The Commission shall publish relevant information on the activities carried out by the panel either by including it in the Register or via a link from the register to a dedicated website.

Article 5

Meeting expenses

1.   Members of the panel and invited experts shall be entitled to an indemnity for their preparation of and participation in the meetings of the panel, and for serving as rapporteur on a specific question, as provided for in Annex II.

2.   Travel and subsistence expenses incurred by members of the panel and invited experts as per Article 4(4) shall be reimbursed by the Commission in accordance with the provisions in force within the Commission.

3.   The expenses referred to in paragraphs 1 and 2 shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.

Article 6

Applicability

This Decision will apply until 1 October 2015.

Done at Brussels, 5 July 2012.

For the Commission

John DALLI

Member of the Commission

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(1)  OJ C 146, 22.6.2006, p. 1.

1

(2)  OJ L 301, 20.11.2007, p. 3.

2

(3)  OJ C 202, 8.7.2011, p. 10.

3

(4)  OJ L 8, 12.1.2001, p. 1.

4

(5)  See footnote 4.

5

(6)  C(2010) 7649 final, rule 11(1).

6

(7)  Commission Decision of 29 November 2001 amending its internal Rules of Procedure (OJ L 317, 3.12.2001, p. 1).

7

(8)  SEC(2010) 1360 final, Annex IV.

8

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ANNEX I

FIELDS OF EXPERTISE

The panel shall support the Commission in identifying effective ways of investing in health, so as to pursue modern, responsive and sustainable health systems.

Examples of potential areas of activities include, but are not limited to: primary care, hospital care, pharmaceuticals, research and development, prevention and health promotion, links with the social protection sector, cross-border issues, system financing, information systems and patient registers, health inequalities.

The fields of expertise that the panel shall be able to cover include:

| — | health planning and budget prioritisation, including:






  — | epidemiology, |
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—

health planning and budget prioritisation, including:

—

epidemiology,

| — | actuarial science, |
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—

actuarial science,

| — | health economics, |
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—

health economics,

| — | biostatistics, |
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—

biostatistics,

| — | health services research, including:






  — | inter-regional and international comparison study, |
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—

health services research, including:

—

inter-regional and international comparison study,

| — | evidence-based medicine, |
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—

evidence-based medicine,

| — | public health surveillance, |
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—

public health surveillance,

| — | linking of population-based registers, |
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—

linking of population-based registers,

| — | hospital and healthcare management, including:






  — | socio-economic evaluation, |
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—

hospital and healthcare management, including:

—

socio-economic evaluation,

| — | accountancy, |
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—

accountancy,

| — | accreditation schemes, |
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—

accreditation schemes,

| — | performance measures, |
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—

performance measures,

| — | healthcare provision, including:






  — | eHealth, health information systems, and patient register; interlinkage of different register, |
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—

healthcare provision, including:

—

eHealth, health information systems, and patient register; interlinkage of different register,

| — | quality assurance standards for health, standardising procedures, health indicators, data protection, |
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—

quality assurance standards for health, standardising procedures, health indicators, data protection,

| — | health-screening programmes, |
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—

health-screening programmes,

| — | introduction of new technologies and treatment regimens, |
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—

introduction of new technologies and treatment regimens,

| — | health insurance, |
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—

health insurance,

| — | implementation of emergency/crisis measures, |
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—

implementation of emergency/crisis measures,

| — | health education and promotion, including:






  — | behavioural economics, |
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—

health education and promotion, including:

—

behavioural economics,

| — | preventive medicine, |
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—

preventive medicine,

| — | health awareness programmes, |
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—

health awareness programmes,

| — | health and safety at work. |
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—

health and safety at work.

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ANNEX II

INDEMNITIES

Panel members and invited experts shall be entitled to indemnities related to their preparation of and participation in the meetings of the panel as follows:

for preparation of and participation in meetings:

| — | EUR 385 for each full day participation or EUR 200 for participation in a morning or afternoon meeting of the panel, or at an external meeting attended in connection with the panel's work, |
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—

EUR 385 for each full day participation or EUR 200 for participation in a morning or afternoon meeting of the panel, or at an external meeting attended in connection with the panel's work,

| — | EUR 385 for each full day of preparation of a meeting of the panel. In the absence of a different estimation done by the Chairman and approved by the Commission, it is intended that for each meeting day two preparatory days are needed; |
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—

EUR 385 for each full day of preparation of a meeting of the panel. In the absence of a different estimation done by the Chairman and approved by the Commission, it is intended that for each meeting day two preparatory days are needed;

for acting as rapporteur for a question requiring not less than one day of preparation of draft advice and with the Commission's prior written agreement:

| — | EUR 385 for each full day participation and for each full day of preparation of a meeting of the panel. In the absence of a different estimation done by the Chairman and approved by the Commission, it is intended that for each meeting day two preparatory days are needed. |
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—

EUR 385 for each full day participation and for each full day of preparation of a meeting of the panel. In the absence of a different estimation done by the Chairman and approved by the Commission, it is intended that for each meeting day two preparatory days are needed.

In addition, subsistence and travel costs will be reimbursed in accordance with the provisions in force within the Commission.

The Commission will regularly assess the need to adapt these indemnities in light of prices indexes, the evaluation of indemnities paid to experts in other Union bodies and the experience on the workload for members, associated members, other scientific advisors and external experts. The first assessment will take place in 2013.

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