ddrg/super_eurlex huggingface dataset:
MODUS VIVENDI

of 20 December 1994 between the European Parliament, the Council and the Commission concerning the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the EC Treaty

(95/C 293/01)

1. These guidelines are intended to overcome the difficulties which have arisen in the adoption of acts in accordance with the procedure laid down in Article 189b of the EC Treaty for reasons connected with the question of committee procedure.

2. They in no way prejudice the positions of principle expressed by the three institutions.

3. The three institutions note that the question of the implementing measures for acts adopted in accordance with the procedure laid down in Article 189b of the EC Treaty, when the adoption of such measures is entrusted to the Commission, will be examined in the course of the revision of the Treaties planned for 1996, at the request of the European Parliament, the Commission and several Member States. The Reflection Group will be invited to examine the question.

4. The appropriate committee of the European Parliament shall be sent, at the same time and under the same conditions as the committee referred to in the basic act, any draft general implementing act submitted by the Commission and the timetable for it.

The Commission shall notify the appropriate European Parliament committee if a specific measure needs to be adopted urgently and shall also notify it of any other possible difficulty. The appropriate European Parliament committee shall undertake to use urgent procedure where necessary.

The Commission shall inform the appropriate European Parliament committee when measures adopted or envisaged by the Commission are not in accordance with the opinion delivered by the committee referred to in the basic act or when, in the absence of an opinion, the Commission must submit a proposal to the Council regarding a measure to be taken.

5. The Council shall adopt a draft general implementing act which has been referred to it in accordance with an implementing procedure only after

- informing the European Parliament, setting a reasonable time limit for obtaining its opinion, and

- in the event of an unfavourable opinion, taking due account of the European Parliament's point of view without delay, in order to seek a solution in the appropriate framework.

The act shall in any case be adopted by the deadlines laid down in the specific provisions of the basic act.

6. In the context of this modus vivendi, the Commission shall take account as far as possible of any comments by the European Parliament and shall keep it informed at every stage of the procedure of the action which it intends to take on them, so as to enable the Parliament to assume its own responsibilities in full knowledge of the facts.

7. This modus vivendi shall apply with effect from the date of its approval by the three institutions.

Done at Brussels on the twentieth day of December in the year one thousand nine hundred and ninety-four.

For the Council of the European Union

Klaus KINKEL

For the European Parliament

Nicole FONTAINE

For the European Commission

Jacques DELORS
COUNCIL DECISION of 20 February 1995 designating the Austrian, Finnish and Swedish representative organizations required to draw up lists of candidates for the Consultative Committee of the European Coal and Steel Community (95/C 49/02)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 18 thereof,

Having regard to the 1994 Act of Accession, and in particular Articles 25 and 161 thereof,

Whereas the Austrian, Finnish and Swedish representative organizations, which are required to draw up lists of twice as many names as there are seats allotted to them, should be designated,

HAS DECIDED AS FOLLOWS:

Sole Article

1. The Austrian, Finnish and Swedish representative organizations of producers and workers listed in the table annexed to this Decision are hereby designated to draw up lists of candidates on the basis of which the Austrian, Finnish and Swedish members representing producers and workers on the Consultative Committee of the European Coal and Steel Community shall be appointed in numbers equal to those shown in the aforesaid table in respect of the said organizations.

2. This Decision shall be published, for information, in the Official Journal of the European Communities.

Dona at Brussels, 20 February 1995.

For the Council

The President

E. ALPHANDERY

ANNEX

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COUNCIL CONCLUSIONS

of 15 July 1996

on activities with regard to demography

(96/C 224/05)

THE COUNCIL OF THE EUROPEAN UNION,

1. HAS DISCUSSED in depth the Commission report on the demographic situation in the European Union (1995),

2. HAS NOTED that:

(a) by projecting medium and long-term scenarios, demography constitutes a valuable element for the understanding of major trends in society and their dynamic interrelationship with regard to economic growth and the social situation. Population ageing constitutes a key factor in these trends;

(b) certain activities conducted in the field at European Union level should complement activities at national level. It is appropriate, therefore, to promote scientific coordination within the Union on methodological questions in the framework of existing structures so as to ensure that results are comparable;

(c) the output from these activities will provide the Commission and the Member States with an additional dimension in the process of adjustment of a number of policies within the limit of their respective powers;

(d) common reflection should be developed more intensively through an exchange of information and points of view on specific themes. Community research projects could also be initiated in the framework of existing structures.

3. REQUESTS the Commission to continue its work, within the limits of its budgetary resources, on the basis of point 2.
COUNCIL RECOMMENDATION

of 4 March 1996

relating to local consular cooperation regarding visas

(96/C 80/01)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article K.1 (3) thereof,

Whereas it is advisable to prepare for greater harmonization in the policy and practice of the issue of visas;

Whereas the issue of visas, pending the possible preparation of joint instructions on the matter, is governed by each Member State's national legislation;

Whereas each Member State, when issuing its own visas, should have the necessary information to take account of the interests of the other Member States, in particular the protection of national security and public order and the prevention of clandestine immigration,

HEREBY RECOMMENDS THAT THE GOVERNMENTS OF THE MEMBER STATES:

in so far as the practical need is felt, take the measures necessary to facilitate that:

1. the Member States' consular services should maintain local cooperation on visas, involving an exchange of information on the criteria for issuing visas and an exchange of information on risks to national security and public order or the risk of clandestine immigration;

2. the Heads of their consular services and their assistants in visa matters should hold meetings for the purposes of exchanging the information referred to in paragraph 1;

3. their consular services should organize mutual visits of officials responsible for issuing visas in order to improve the exchange of information and reciprocal knowledge;

4. at the request of the Council, their consular services should draw up joint reports on local visa issues which are likely to be relevant to the Council's discussions;

5. their consular services should adopt any appropriate joint measures to establish the existence of simultaneous visa applications or a series of applications, and, if need be, to ascertain any earlier visa refusal by another Member State;

6. their consular services should exchange information to help to determine the good faith of visa applicants and their reputation, it being understood that the fact that the applicant has obtained a visa for another Member State does not exempt the authorities of the other Member States from their responsibility to examine individually the visa application and perform the verification required for purposes of security, public order and clandestine immigration control.

The exchange of information provided for in this recommendation must take the relevant data protection rules into account.

Done at Brussels, 4 March 1996.

For the Council

The President

P. BARATTA
COUNCIL RESOLUTION

of 25 July 1996

on electronic publishing and libraries

(96/C 242/02)

THE COUNCIL OF THE EUROPEAN UNION,

Aware of the influence exerted by technological changes and developments on the world of learning and knowledge,

Bearing in mind that libraries represent one of the main bases for present-day innovation and progress and that there is a need to enhance the wealth of resources and the heritage they encompass, particularly by means of new systems and digital networks,

Whereas, in order for full advantage to be taken of Europe's wealth of cultural resources in the information society, libraries will have an increasingly active role to play in society, as a prime interface between the world of knowledge and the world of new technology,

Whereas the dissemination of electronic documents over networks should enable libraries to step up their action in the service of readier access to knowledge and culture,

Bearing in mind that, as part of an overall strategy to promote reading, the rapid expansion of electronic publishing should also be coupled with promotion of printed books,

Aware that the use of new electronic services and products depends on a solution to many legal and technical issues and that greater Europe-wide cooperation between interested parties is essential for that purpose,

Whereas work is under way within the European institutions, as well as in the Group of seven most industrialized countries, on the information society and in particular on electronic libraries,

Whereas it is necessary to respect cultural and linguistic diversity throughout the Community,

Having regard to the Council Resolution of 4 April 1995 on culture and the multimedia (1),

Having regard to the final document emerging from the meeting of Directors-General for books and libraries, held in Rome on 22 and 23 March 1996,

CALLS UPON the Commission to:

- look into, with the help of experts from the Member States in the group set up following the Resolution of 4 April 1995 on culture and the multimedia, the various legal, technical and cultural aspects of electronic documents, from their creation to their utilization, as well as the fresh cultural and social challenges to be met by libraries, especially public libraries, in the new economic and technological environment, with particular emphasis on innovation and development of technical standards. The group will make a compilation of existing national, Community and international trial schemes and programmes, which it may use as a basis for any further work,

- submit a progress report on work to the Council by the end of June 1997.

(1) OJ No C 247, 23. 9. 1995, p. 1.
Appointment of members of the special aquaculture section of the Advisory Committee on Fisheries (97/C 330/04)

A special aquaculture section of the Advisory Committee in the fisheries sector was set up by Commission Decision 97/247/EC of 4 April 1997 (1).

By Decision of 28 October 1997, the Commission appointed the 20 members of the said section whose term of office expires at the end of the term of office of the members of the Advisory Committee on Fisheries.

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(1) OJ L 97, 12. 4. 1997, p. 28.
COUNCIL CONCLUSIONS of 24 July 1997 on the health aspects of the drugs problem (97/C 241/04)

THE COUNCIL OF THE EUROPEAN UNION,

1. IS OF THE OPINION that a multidisciplinary approach, aiming at supply and demand reduction, is essential in the fight against illegal drugs;

2. IS OF THE OPINION that, in dealing with drug dependence, the protection of public health is a priority because of the serious threat illegal drugs represent to public health;

3. TAKES NOTE of the fact that the Commission, in close cooperation with the Member States, has begun to implement the programme of Community action, adopted by Decision No 102/97/EC (1), on the prevention of drug dependence within the framework for action in the field of public health (1996-2000);

4. POINTS OUT that the programme of Community action concerns the first 15 actions of the 66 actions mentioned in the report on drugs adopted on 15 and 16 December 1995 by the Madrid European Council;

5. WELCOMES the first annual report of the European Monitoring Centre for Drugs and Drug Addiction (EMCDDA), set up by Regulation (EEC) No 302/93 (2), on the drugs problem in the European Union (1995);

6. WELCOMES the Commission report which has been forwarded to the European Parliament and the Council in accordance with Article 18 of Regulation (EEC) No 302/93;

7. AGREES with the Commission that there is no need to adapt or extend the tasks of the EMCDDA;

8. AGREES with the Commission that the EMCDDA must continue to give high priority to supplying the Community and its Member States with objective, reliable and comparable information at European level on demand and reduction of the demand for drugs;

9. TAKES the view that synergy between the activities of the EMCDDA and activities resulting from other relevant European Union programmes and instruments should be promoted as much as possible;

10. NOTES that the Joint Action of 17 December 1996 adopted by the Council on the basis of Article K.3 of the Treaty on European Union concerning the approximation of the laws and practices of the Member States of the European Union to combat drug dependence and to prevent and combat illegal drug trafficking (3) also concerns the health aspects that are taken into account under the programme of Community action on the prevention of drug dependence;

11. UNDERLINES, for the purposes of applying Article 5 of the said Joint Action, the importance of establishing a system for the rapid exchange of data on new synthetic drugs and the assessment of the risks connected with them, including their health and social risks and the possible consequences of a ban, so that the control measures applicable to psychotropic substances in the Member States may also be applied to specified synthetic drugs.

(1) OJ No L 19, 22. 1. 1997, p. 25.

(2) OJ No L 36, 12. 2. 1993, p. 1. Regulation as last amended by Regulation (EC) No 3294/94 (OJ No L 341, 30. 12. 1994, p. 7).

(3) OJ No L 342, 31. 12. 1996, p. 6.
COUNCIL CONCLUSIONS of 22 September 1997 on the communication concerning the White Paper 'Teaching and learning towards the learning society` (97/C 303/04)

In the Council conclusions of 6 May 1996 concerning the White Paper 'Teaching and learning towards the learning society`, ministers, thanking the Commission for this new contribution to the debate in the area of education and vocational training, expressed the wish that the actions proposed in the White Paper should be examined by all bodies involved with a view to opening new perspectives for education and training in Europe and invited the Commission to present under Dutch Presidency a review of the debates on the different levels.

In accordance with these conclusions, the Commission presented to the Council a communication concerning a review of the reactions to the White Paper.

The Council takes note with interest of the communication and expresses its satisfaction with the quality and richness of the numerous opinions, comments and reactions expressed by the different bodies involved.

The Council takes note with interest that the Commission has undertaken a series of experimentations concerning the different objectives on which it will report to the Council before the end of 1998.

The Council notes that the debates have led the Commission to sharpen and to adjust certain guidelines initially provided for in the implementation of the objectives of the White Paper.

The Council underlines the major contribution of the debates on the White Paper which enabled substance to be given to the concept of a knowledge union. In order to achieve a knowledge union, a major effort is needed in the area of education and training.

In this perspective, the Council takes note of the Commission's intention to start forthwith a reflection process on the future of European cooperation in the fields of education, vocational training and youth. The Council considers that this opportunity must be taken to build on the experience of the Community action in these fields and to define the guiding principles of a new generation of Community actions.
Corrigendum to Guidelines on National Regional Aid (Official Journal of the European Communities C 74 of 10 March 1998) (98/C 394/09)

On page 31, in Annex III, under section 2 ('Corrections`), at point 8, second indent:

for: 'to attain, in each Member State, a sufficient level to include all the regions which have just lost 92(3)(c) status and the areas with a low population density,`,

read: 'to attain, in each Member State, a sufficient level to include all the regions which have just lost 92(3)(a) status and the areas with a low population density,`.
Mixed committee for the harmonisation of working conditions in the steel industry (98/C 40/07)

The rules of procedure of the mixed committee for the harmonisation of working conditions in the steel industry, approved on 24 September 1997 by Commission Decision 97/645/ECSC, contain the following provisions:

Article 2(1):

The mixed committee shall be made up of representatives of employers and workers in the steel industry. Members shall be appointed by the Commission on the basis of proposals from employers' and workers' associations which are established at Community level, as follows:

- for each Member State in which steel is produced: one employers' representative and one workers' representative; this shall be increased to two employers' representatives and two workers' representatives for Member States whose workforce in the ECSC steel sector exceeds 20 000 (the number of workers by Member State will be taken from the Eurostat ECSC statistics 2-31, corresponding to the last month of the previous year),

- for employers' and workers' associations which are established at Community level: one representative of employers' associations and one representative of workers' associations.

Article 2(2):

Members of the mixed committee shall hold office for a term of two years.

Article 2(5):

The list of members of the mixed committee shall be published by the Commission in the Official Journal of the European Communities for information.

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35.

In the absence of strong common interests such as those outlined above, the possibility of changing coalitions between minority shareholders will normally exclude the assumption of joint control. Where there is no stable majority in the decision-making procedure and the majority can on each occasion be any of the various combinations possible amongst the minority shareholders, it cannot be assumed that the minority shareholders will jointly control the undertaking. In this context, it is not sufficient that there are agreements between two or more parties having an equal shareholding in the capital of an undertaking which establish identical rights and powers between the parties. For example, in the case of an undertaking where three shareholders each own one-third of the share capital and each elect one-third of the members of the Board of Directors, the shareholders do not have joint control since decisions are required to be taken on the basis of a simple majority. The same considerations also apply in more complex structures, for example, where the capital of an undertaking is equally divided between three shareholders and where the Board of Directors is composed of twelve members, each of the shareholders A, B and C electing two, another two being elected by A, B and C jointly, whilst the remaining four are chosen by the other eight members jointly. In this case also there is no joint control, and hence no control at all within the meaning of the Merger Regulation.
COUNCIL RECOMMENDATION of 28 May 1998 on the provision of forgery detection equipment at ports of entry to the European Union (98/C 189/02)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty on European Union, and in particular Article K.3(2), point (a) thereof,

Having regard to the initiative presented by the United Kingdom,

Whereas it is important to establish uniform levels of expertise and equipment for detecting forged documents at points of entry to the European Union,

HEREBY RECOMMENDS TO THE GOVERNMENTS OF THE MEMBER STATES:

to take the following steps to ensure uniform levels of equipment at ports of entry:

1. Determining factors

The equipment to be made available at points of entry should be determined by reference to the following factors:

- amounts of passenger traffic,

- current levels of abuse,

- availability of reference material,

- presence of control officers and standards of training provided.

2. Recommended levels of provision

(a) MINIMUM level: small entry points, or those not permanently manned, using staff trained only to a basic standard.

Equipment required:

Ultra-violet light source

- fixed, for office use,

- portable, for mobile use, e. g. on board trains, coaches, etc.;

Magnification

- Hand-held lenses,

- large illuminated bench magnifying glass;

Reference material

- Manual of genuine EU documents,

- European fraud bulletin;

(b) INTERMEDIATE level: small to medium-sized entry points permanently manned by staff with basic training and the additional presence or availability of a document specialist trained to an intermediate standard.

Equipment required:

Ultra-violet light source

- fixed, on each control desk and for office use,

- portable, for mobile use, e. g. on board trains, coaches, etc.;

Magnification

- low power stereozoom microscope,

- light source with flexible fibre-optic light guide,

- light box;

Reference material

- manual of genuine EU documents,

- European fraud bulletin;

(c) UPPER level: permanently manned entry points encountering high levels of document abuse, staffed by a variety of trained personnel and document specialists.

Equipment required:

Ultra-violet light source

- fixed, on each control desk and for office use,

- portable, for mobile use, e. g. on board trains, coaches, etc.;

Magnification

- low power stereozoom microscope,

- light source with flexible fibre-optic light guide,

- light box;

Infra-red scanning equipment

- infra-red document examination apparatus;

Reference material

- manual of genuine EU documents,

- European fraud bulletin.

Done at Brussels, 28 May 1998.

For the Council

The President

J. STRAW
Notice concerning the appointment of Mr O'Sullivan as member and Chairman representing the European Commission on the Governing Board of the European Training Foundation (1999/C 70/05)

In accordance with Article 5 of Council Regulation (EEC) No 1360 of 7 May 1990 establishing a European Training Foundation, as amended by Council Regulation (EC) No 1572/98, the Commission has decided to appoint Mr David O'Sullivan, Director-General at the Directorate General for Education, Training and Youth (DG XXII) representing the Commission as member on, and as Chairman of, the Foundation's Governing Board; he replaces Mr T. O'Dwyer.
List of agencies and laboratories which third countries have made responsible for completing the documents which must accompany each consignment of wine imported into the Community (published pursuant to Article 7 (1) of Commission Regulation (EEC) No 3590/85 of 18 December 1985 laying down general rules for the import of wines, grape juice and grape must) (1999/C 46/06)

(This list cancels and replaces the list published in the Official Journal of the European Communities C 344 of 15 November 1996, page 71)

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