ddrg/super_eurlex huggingface dataset:
RECOMMENDATION OF THE MEMBERS OF THE COUNCIL REPRESENTING MEMBER STATES WHOSE CURRENCY IS THE EURO

of 17 June 2022

to the Council on the adoption by Croatia of the euro on 1 January 2023

(2022/C 238/01)

THE MEMBERS OF THE COUNCIL OF THE EUROPEAN UNION REPRESENTING MEMBER STATES WHOSE CURRENCY IS THE EURO,

Having regard to the Treaty on the Functioning of the European Union, and in particular the second subparagraph of Article 140(2) thereof,

Having regard to the proposal from the European Commission,

Having regard to the report from the European Commission,

Having regard to the report from the European Central Bank,

Whereas:

(1) In the light of their assessment, the Members of the Council representing Member States whose currency is the euro share the Commission’s view that Croatia has achieved legal compatibility and respects the convergence criteria and, also taking into account the additional factors, consider that Croatia fulfils the necessary conditions for the adoption of the euro.

(2) Referring also to the Commission’s and the European Central Bank’s convergence assessment, the Members of the Council representing Member States whose currency is the euro also stress the importance of the successful completion of the commitments made upon entry into the Exchange Rate Mechanism II and underline that policies need to be fully geared towards meeting the challenge of maintaining sustainable convergence, and in particular inflation convergence, of the Croatian economy in the long-run. To that end, they encourage the Croatian authorities to continue pursuing a fiscal policy that aims to achieve a prudent medium-term fiscal position and to proceed with the implementation of Croatia’s Recovery and Resilience Plan, so as to ensure a successful participation in the euro area.

(3) The Members of the Council representing Member States whose currency is the euro expect Croatia to cooperate constructively in matters pertaining to European Stability Mechanism governance, euro area crisis management and the completion of the Economic and Monetary Union architecture,

HEREBY RECOMMEND TO THE COUNCIL OF THE EUROPEAN UNION:

The derogation regarding Croatia within the meaning of Article 139(1) of the Treaty on the Functioning of the European Union as referred to in Article 5 of the 2012 Act of Accession (1) should be abrogated with effect from 1 January 2023.

Done at Luxembourg, 17 June 2022. For the Council The President B. LE MAIRE

(1) OJ L 112, 24.4.2012, p. 21.
(16)

The main concepts in the guiding principles for knowledge valorisation should be defined as follows: “Knowledge valorisation” is the process of creating social and economic value from knowledge by linking different areas and sectors and by transforming data, know-how and research results into sustainable products, services, solutions and knowledge-based policies that benefit society. Focusing on knowledge valorisation makes it necessary to broaden the scope of Recommendation 2008/416/EC to encompass the entire R&I ecosystem and its increasingly diverse range of actors. Knowledge valorisation is a paradigm shift, bringing in new aspects that will maximise the value of existing and future R&I and of knowledge assets including tacit knowledge, tacit knowledge being any knowledge that cannot be codified and transmitted as information through documentation, academic papers, lectures, conferences or other communication channels. Such knowledge is more effectively transferred among individuals with a common social context and physical proximity (10). Knowledge valorisation will lead to benefits for policymaking and to new ways of monitoring and evaluating R&I through the development of indicators and measurement tools. It will affect R&I funding and add value to science and research and their results. Knowledge valorisation requires the participation of the actors in the R&I ecosystem and the knowledge and innovation users/beneficiaries, with particular emphasis on the use, re-use and cross-fertilisation of knowledge among different sectors for the benefit of society. As such, it is a broader concept than dissemination, which involves making knowledge and results known and accessible. Finally, knowledge valorisation is expected to contribute to the implementation of the United Nations Sustainable Development Goals (11) and the European Green Deal. “Intellectual assets” is considered to cover any results, services or products generated by any R&I activities, such as patents, copyrights, trademarks, publications, data, know-how, prototypes, processes, practices, technologies, inventions, software or business models. Widening the scope from a narrow focus on management and protection of IP rights will also broaden the value creation opportunities. Leveraging the full value of intellectual assets generated by R&I activities requires organisations performing R&I activities to manage intellectual assets in a broad sense, both those that can be legally protected, such as patents, copyrights and trademarks and other intellectual assets that could be used in valorisation activities. This requires the development of management strategies and promotion of specific and transversal skills to leverage the full value of intellectual assets generated. Efficient management of intellectual assets is crucial for knowledge valorisation.
COMMISSION OPINION of 9 October 1973 addressed to the Danish Government on the draft decree implementing Council Regulation (EEC) No 543/69 of 25 March 1969 on the harmonization of certain social legislation relating to road transport (73/329/EEC)

In accordance with Article 18 (1) of Council Regulation (EEC) No 543/69 (1) of 25 March 1969, the Danish Government forwarded to the Commission, in a letter of 26 January 1973, a draft decree implementing that Regulation. It subsequently sent the Commission a model of the individual control book which it plans to use. 1. The aim of the draft decree is to adopt the provisions required to implement Regulation (EEC) No 543/69, as last amended by Council Regulations (EEC) Nos 514/72 (2) and 515/72 (3) of 28 February 1972.

Article 1 stipulates that the provisions of that Regulation shall be applicable in Denmark to international transport only;

Article 2 stipulates that the control book must be of a type approved by the directorate of the labour inspectorate;

Article 3 provides that supervision of compliance with Community provisions shall be undertaken by the labour inspectorate;

Article 4 lists the breaches of the provisions of Regulation (EEC) No 543/69 for which a fine may be imposed, and also determines the responsibility of undertakings.

2. The second subparagraph of Article 18 (1) of Regulation (EEC) No 543/69 required the implementing measures to be adopted by Member States to cover, inter alia, the organization of, procedure for and means of control and the penalties to be imposed in case of breach.

The provisions of the Danish Government's draft decree, though not contrary to the provisions of Regulation (EEC) No 543/69, nevertheless give rise to the following comments: (a) Article 4 of the draft merely sets out the principle that fines may be imposed for breaches unless a more serious penalty is provided for by other laws in force. However, the documents which have been submitted to the Commission indicate neither the size of the fines nor the type of other provisions to which reference is made. The Commission, therefore, requests the Danish Government to state the amounts of the fines for the various breaches, taking into consideration the seriousness of the breaches in the context of the harmonization of the conditions of competition and of traffic safety. In addition, the Commission suggests that the Danish Government include among the penalties the withdrawal of transport authorization and driving licence where no provision has been made for such penalties.

(b) The Commission finds that the draft decree contains no provision relating to compensation for reductions in the duration of the rest period, as provided for in Article 11 (6) of Regulation (EEC) No 543/69. The necessary provisions should be added to the draft decree in question.

3. In conclusion, and subject to the comments made in 2 (a) and (b) the Commission hereby delivers a favourable Opinion on the draft decree in question.

Done at Brussels, 9 October 1973.

For the Commission

The President

François-Xavier ORTOLI (1)OJ No L 77, 29.3.1969, p. 49. (2)OJ No L 67, 20.3.1972, p. 1. (3)OJ No L 67, 20.3.1972, p. 11.
COMMISSION OPINION of 17 June 1974 to be sent to the Government of France concerning an order relating to the application of Council Regulation (EEC) No 543/69 of 25 March 1969 relative to the harmonization of certain social matters in the field of road transport (74/370/EEC)

In conformity with Article 18 (1) of Council Regulation (EEC) No 543/69 of 25 March 1969, the Government of France has communicated to the Commission by letter of 29 March 1974 a Draft Order entitled:

"Draft order dealing with recognition of training of road transport drivers for the application of Article 5 of Council Regulation (EEC) No 543/69 of 25 March 1969 relating to the harmonization of certain social provisions in the field of road transport." 1. The order in question is for the purpose of enabling the Government of France to lay down (pending a Directive from the Council on the proposal from the Commission) national regulations for obtaining a diploma by those who wish to take up employment as drivers of goods vehicles, of over 7 75 metric tons weight, which will be recognized as a certificate of professional competence for those between 18 and 21 years of age and as a certificate of adult training.

2. The Commission is of the opinion that the draft order and the proposed regulations are designed to achieve objects similar to those to which it will be addressing itself in proposals to be placed before the Council.

3. The Commission therefore pronounces in favour of the abovementioned ministerial order.

Done at Brussels, 17 June 1974.

For the Commission

The President

François-Xavier ORTOLI
COMMISSION OPINION of 23 December 1977 addressed to the Government of the Italian Republic on the draft law implementing Directive 74/562/EEC on admission to the occupation of road passenger transport operator in national and international transport operations (78/96/EEC)

Under cover of a letter of 9 September 1977, the office of the Italian Permanent Representative to the European Communities sent to the Commission, for consultation, the text of a draft law to implement Council Directive 74/562/EEC of 12 November 1974 on admission to the occupation of road passenger transport operator in national and international transport operations (1).

This was in accordance with Article 6 (1) of that Directive.

The Commission regrets that the Italian Government, by delaying the communication of the implementing measures, has not satisfied by the appointed time its duties under Article 6 of the Directive and, furthermore, has prevented this opinion from being delivered in due time.

With reference to the abovementioned draft law, the Commission hereby delivers the following opinion: 1. The Commission finds that the Italian draft law generally satisfies the provisions of the aforementioned Directive with regard to admission to the occupation of road passenger transport operator.

2. The Commission would make the general remark, however, that in order to implement the Directive properly, it should be clearly stated that the requirements laid down in Article 2 of the draft law must be met in order that admission to the occupation may be regulated.

The Commission would therefore draw the attention of the Italian Government to this point in order that this omission may be rectified.

3. With regard to the condition of entry on the register of undertakings at the Chamber of Commerce, as provided for in Article 4 of the draft law, the Commission is of the opinion that this practice may be allowed for the purpose of proving financial standing, on condition that it is not in turn made subject to other conditions which are not included in the Community Directive.

4. The Commission also notes that Article 5 of the draft law exempts natural or legal persons whose principal activity is not that of road passenger transport operator from the professional competence requirement on condition that they do not operate more than one short-distance bus service or one bus and driver for hire and are not engaged in any international transport operation.

In this context, the Commission is of the opinion that the concept of a "short-distance" bus service should be clarified in order to ensure legal certainty.

The other provisions of the draft law satisfy the obligations laid upon the Member States by Directive 74/562/EEC.

Done at Brussels, 23 December 1977.

For the Commission

Richard BURKE

Member of the Commission

(1) OJ No L 308, 19.11.1974, p. 23.
COMMISSION OPINION of 23 June 1978 addressed to the Government of the United Kingdom concerning the provisions relating to certain measures in the field of working conditions in road transport (78/614/EEC)

1. By letter dated 3 April 1978 from the office of its Permanent Representative to the European Communities and registered by the Secretariat-General of the Commission on 5 April 1978, the United Kingdom Government presented to the Commission for consultation a draft regulation concerning working conditions in road transport.

The United Kingdom Government consulted the Commission in accordance with the Council Decision of 21 March 1962 instituting a procedure for prior examination and consultation in respect of certain laws, regulations or administrative provisions concerning transport proposed in Member States (1). However, since much of what is dealt with in the proposed regulation concerns in particular the means of implementation of Council Regulation (EEC) No 543/69 of 25 March 1969 on the harmonization of certain social conditions relating to road transport (2), the Commission is of the opinion that the consultation essentially falls within the scope of the procedure provided for in Article 18 of that Regulation.

2. The Commission shares the United Kingdom Government's concern to create a clear legal situation as regards the rules on working conditions for the crews of vehicles engaged in road transport.

3. Regulation 4 (4) of the text sent to the Commission, only mentions as an obligatory interruption to the activity of driving a break of half an hour which may be divided up in the manner laid down in Article 8 (2) of Regulation (EEC) No 543/69, whereas Article 8 (1) thereof imposes a break of one hour which may be replaced by two breaks of 30 minutes each, for drivers of the vehicles referred to in Article 6 of Regulation (EEC) No 543/69. The Commission requests the United Kingdom Government to modify its proposed legislation accordingly.

4. Article 13 (1) of Regulation (EEC) No 543/69 allows the Member States to apply higher minima or lower maxima than those laid down in the said Regulation. Moreover, the attention of the United Kingdom Government is drawn to the provisions of Article 2 (2) of Regulation (EEC) No 2827/77 (3) under which the Commission must "take care to ensure that there is no regression by comparison with what has already been achieved in practice in terms of social protection and road safety under the [existing] rules."

Since the relevant Community legislation cannot be used as a basis for the adoption of provisions which are socially regressive by comparison with the existing national legislation, the Commission requests the United Kingdom Government to review, in the light of these provisions, the measures which it proposes to take under regulation 4 (3) (5) and (6).

Done at Brussels, 23 June 1978.

For the Commission

Richard BURKE

Member of the Commission

(1) OJ No 23, 3.4.1962, p. 720/62. (2) OJ No L 77, 29.3.1969, p. 49. (3) OJ No L 334, 24.12.1977, p. 1.
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COMMISSION OPINION

OF 1 MARCH 1979

TO THE GRAND DUCHY OF LUXEMBOURG CONCERNING A DRAFT GRAND DUCAL REGULATION IMPLEMENTING COUNCIL REGULATION ( EEC ) NO 2831/77 OF 12 DECEMBER 1977 ON THE FIXING OF RATES FOR THE CARRIAGE OF GOODS BY ROAD BETWEEN MEMBER STATES

( 79/292/EEC )

IN A LETTER DATED 12 APRIL 1978 , THE OFFICE OF THE PERMANENT REPRESENTATIVE OF LUXEMBOURG TO THE EUROPEAN COMMUNITIES SENT THE COMMISSION , FOR CONSULTATION , THE TEXT OF A DRAFT REGULATION IMPLEMENTING THE COUNCIL REGULATION OF 12 DECEMBER 1977 ON THE FIXING OF RATES FOR THE CARRIAGE OF GOODS BY ROAD BETWEEN MEMBER STATES .

THIS COMMUNICATION IS MADE PURSUANT TO ARTICLE 17 ( 1 ) OF THE ABOVEMENTIONED REGULATION WHICH STATES THAT , IN DUE COURSE AND AFTER CONSULTING THE COMMISSION , THE MEMBER STATES SHOULD ADOPT THE MEASURES NECESSARY FOR THE IMPLEMENTATION OF THAT REGULATION .

THE COMMISSION EXPRESSES THE FOLLOWING OPINION ON THE ABOVEMENTIONED DRAFT REGULATION :

1 . THE COMMISSION FINDS THAT , IN ACCORDANCE WITH THE FIRST SUBPARAGRAPH OF ARTICLE 17 ( 1 ) OF REGULATION ( EEC ) NO 2831/77 , THE DRAFT REGULATION OF THE LUXEMBOURG GOVERNMENT LAYS DOWN THE PROVISIONS NECESSARY FOR THE IMPLEMENTATION OF THAT REGULATION . IN PARTICULAR , IT LAYS DOWN THE SPECIAL PROVISIONS ON :

- THE DESIGNATION OF THE PROFESSIONAL ORGANIZATIONS OF USERS AND TRANSPORT AGENTS ,

- THE DESIGNATION OF THE COMPETENT AUTHORITY TO RECEIVE THE SPECIAL CONTRACTS AND THE INFORMATION CONCERNING THE RATES CHARGED FOR THE INTERNATIONAL CARRIAGE OF GOODS BY ROAD ,

- THE MONITORING OF THE COMPULSORY TARIFFS ,

- THE APPROPRIATE SANCTIONS ENVISAGED FOR BREACHES .

2 . ARTICLE 7 ( 2 ) OF THE DRAFT GRAND DUCAL REGULATION LAYS DOWN THE CONDITIONS AND EXTENT OF THE POWERS OF THE PERSONS INSTRUCTED TO CONTROL THE COMPULSORY TARIFFS .

THE COMMISSION IS OF THE OPINION THAT THE TARIFF CONTROL SHOULD BE EXTENDED TO THE PARTNERS OF THE CARRIER . IN THESE CIRCUMSTANCES , THE COMMISSION CONSIDERS THAT THE WORDING OF ARTICLE 7 SHOULD BE AMENDED .

3 . THE COMMISSION CONSIDERS THAT IT MUST RESERVE TO ITSELF THE POSSIBILITY OF ASSESSING WHETHER THE IMPLEMENTATION OF THE MEASURES PROPOSED FOR THE CONTROL OF THE COMPULSORY TARIFFS AND ANY PENALTIES ARISING LEADS TO ' PERMANENT AND EFFECTIVE CONTROL AND APPROPRIATE PENALTIES FOR BREACHES ' .

4 . ARTICLE 4 ( 1 ) OF THE DRAFT REGULATION STIPULATES :

' A CONSIGNMENT NOTE IN FOUR ORIGINAL COPIES MUST BE DRAWN UP FOR EACH DISPATCH SUBJECT TO A COMPULSORY TARIFF ' .

AS THE WORDING OF THIS ARTICLE SUGGESTS THAT NO CONSIGNMENT NOTE NEED BE DRAWN UP FOR A DISPATCH WHICH IS NOT SUBJECT TO A COMPULSORY TARIFF , THE COMMISSION IS OF THE OPINION THAT THE WORDING OF THIS ARTICLE SHOULD BE AMENDED IN ORDER TO MAINTAIN THE PRINCIPLE OF A CONSIGNMENT NOTE BEING DRAWN UP FOR ALL CARRIAGE OF GOODS BY ROAD BETWEEN MEMBER STATES .

DONE AT BRUSSELS , 1 MARCH 1979 .

FOR THE COMMISSION

RICHARD BURKE

MEMBER OF THE COMMISSION
COMMISSION OPINION of 14 July 1981 addressed to the Government of the Federal Republic of Germany concerning the implementation of Council Directive 79/1034/EEC amending Directive 79/116/EEC concerning minimum requirements for certain tankers entering or leaving Community ports (1) (81/615/EEC)

1. By letter of 2 September 1980, pursuant to Article 3 of the abovementioned Directive, the Permanent Representation of the Federal Republic of Germany forwarded to the Commission the draft of a third "Verordnung zur Änderung der allgemeinen Lotsordnung".

2. Following examination of this document, the Commission has ascertained that the measures proposed by the German Government fully implement the provisions contained in the Directive in question.

Done at Brussels, 14 July 1981.

For the Commission

Georges CONTOGEORGIS

Member of the Commission (1) OJ No L 315, 11.12.1979, p. 16.
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COMMISSION OPINION

of 28 April 1982

addressed to the Greek Government regarding the implementation of the Council Directive of 21 December 1978 concerning pilotage of vessels by deep-sea pilots in the North Sea and English Channel

(82/303/EEC)

1. In a letter dated 13 August 1981, the Office of the Permanent Representative of Greece to the European Communities sent the Commisson, under Article 2 of the Directive in question (1), Presidential Decree No 582/81 of 1 June 1981 on the pilotage of vessels flying the Greek flag by deep-sea pilots in the North Sea or English Channel.

2. Examination of that Decree has satisfied the Commission that the Greek Government has fully implemented those provisions of the Directive which apply to it.

Done at Brussels, 28 April 1982.

For the Commission

Giorgios CONTOGEORGIS

Member of the Commission

(1) OJ No L 33, 8. 2. 1979, p. 32.
*****

COMMISSION OPINION

of 17 July 1985

to the Kingdom of the Netherlands concerning a draft Royal Decree implementing Council Directive 82/714/EEC laying down technical requirements for inland waterway vessels (Binnenschepenbesluit)

(85/396/EEC)

In a letter dated 10 January 1985, the Permanent Representative of the Netherlands to the European Communities sent the Commission, for consultation, the text of a draft Royal Decree (Binnenschepenbesluit) implementing Council Directive 82/714/EEC of 4 October 1982 laying down technical requirements for inland waterway vessels (1).

This communication has been made pursuant to Article 22 of the abovementioned Directive which states that, Member States shall, after consulting the Commission, adopt the provisions necessary to comply with this Directive.

The Commission hereby delivers the following opinion on the abovementioned draft Royal Decree.

1. The Commission finds that the draft Royal Decree 'Binnenschepenbesluit' implements the provisions of Council Directive 82/714/EEC in the national legislation.

2. The Commission is of the opinion that in the draft, alterations should be made according to the following observations:

- Articles 37, 38 and 39 of the 'Binnenschepenbesluit' are expressed in the negative (e.g. the rules . . . are during five years not in force), whilst a confirmatory formulation (e.g. the rules . . . are after a period of five years in force) together with Article 36 gives a better definition of the derogations.

- In Annex II, technical requirements, of the 'Binnenschepenbesluit'

1.2 // ad 2.03.6: // the flues of refrigeration equipment may not pass through engine rooms; this is only made clear for the flues of cooking and heating installations; // ad 5.08.2: // last line is missing; // ad 6: // there is no requirement for an earth connection at both sides in direct current operation as there is in the Directive under 6.11.2; // ad 12.02.3: // a = Le L should be a = S Le L ;

- the explanatory note refers to 14.02 and 14.03 of Annex II but chapter 14 does not exist in this Annex.

Done at Brussels, 17 July 1985.

For the Commission

Stanley CLINTON DAVIS

Member of the Commission

(1) OJ No L 301, 28. 10. 1982, p. 1.