ddrg/super_eurlex huggingface dataset:
EN Official Journal of the European Union L 39/62

COUNCIL RECOMMENDATION (EU) 2016/213

of 12 February 2016

concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (11th EDF) for the financial year 2014

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1), as last amended,

Having regard to the Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement, and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies (2) (the ‘Internal Agreement’) setting up, amongst others, the 11th European Development Fund (11th EDF), and in particular Article 11(7) thereof,

Having regard to Council Regulation (EU) 2015/323 of 2 March 2015 on the Financial Regulation applicable to the 11th European Development Fund (3), and in particular Articles 43 to 45 thereof,

Having examined the revenue and expenditure account and the balance sheet relating to the operations of the 11th EDF as at 31 December 2014 and the Annual Report of the Court of Auditors on the activities funded by the 8th, 9th, 10th and 11th European Development Funds (EDFs) concerning the financial year 2014, together with the Commission's replies contained in that Annual Report (4),

Whereas:

(1) Pursuant to Article 11(7) of the Internal Agreement, the discharge for the financial management of the 11th EDF is to be given to the Commission by the European Parliament on the recommendation of the Council.

(2) The overall implementation by the Commission of the operations of the 11th EDF during the financial year 2014 has been satisfactory,

HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the 11th EDF for the financial year 2014.

Done at Brussels, 12 February 2016. For the Council The President J.R.V.A. DIJSSELBLOEM

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

(2) OJ L 210, 6.8.2013, p. 1.

(3) OJ L 58, 3.3.2015, p. 17.

(4) OJ C 373, 10.11.2015, p. 289.
EN Official Journal of the European Union C 58/4

COUNCIL RECOMMENDATION

of 21 February 2017

concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Fund (eleventh EDF) for the financial year 2015

(2017/C 58/04)

THE COUNCIL OF THE EUROPEAN UNION,

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

Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1), as last amended,

Having regard to the Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement, and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies (2) (the ‘Internal Agreement’) setting up, amongst others, the eleventh European Development Fund (eleventh EDF), and in particular Article 11(7) thereof,

Having regard to Council Regulation (EU) 2015/323 of 2 March 2015 on the Financial Regulation applicable to the 11th European Development Fund (3), and in particular Articles 43 to 45 thereof,

Having examined the revenue and expenditure account and the balance sheet relating to the operations of the eleventh EDF as at 31 December 2015 and the Annual Report of the Court of Auditors on the activities funded by the 8th, 9th, 10th and 11th European Development Funds (EDFs) concerning the financial year 2015, together with the Commission’s replies (4) contained in that Annual Report,

Whereas:

(1) Pursuant to Article 11(7) of the Internal Agreement, the discharge for the financial management of the eleventh EDF is to be given to the Commission by the European Parliament on the recommendation of the Council.

(2) The overall implementation by the Commission of the operations of the eleventh EDF during the financial year 2015 has been satisfactory,

HEREBY RECOMMENDS that the European Parliament give the Commission a discharge in respect of the implementation of the operations of the eleventh EDF for the financial year 2015.

Done at Brussels, 21 February 2017. For the Council The President E. SCICLUNA

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

(2) OJ L 210, 6.8.2013, p. 1.

(3) OJ L 58, 3.3.2015, p. 17.

(4) OJ C 375, 13.10.2016, p. 287.
(b)

‘severe drop of income’ — Member States could use as a proxy for income the value of marketed production (VMP) of the producer organisation or association of producer organisations where part or all producer members or members of an association of producer organisation suffer a severe drop in income. For that purpose, the VMP could be calculated based on ex-producer organisation prices and for each product. However, this does not mean that the drop of income of a producer should be disregarded when establishing detailed rules on support of mutual funds. Attention needs to be paid in particular to cases where only a part of the producer members of the producer organisation or members of an association of producer organisations have suffered a severe drop of income, for instance because the adverse market conditions concern only part of the products for which the producer organisation or association of producer organisations is recognised. In these circumstances, payments from the mutual fund to those who have not suffered a severe drop of income as a result of adverse market conditions would not be eligible for Union financial assistance based on point (d) of the first subparagraph of Article 33(3) of the CMO Regulation. On the contrary, eligibility of payments from mutual funds to those that have suffered a severe drop of income as a result of adverse market conditions should not be refused merely on the ground that the overall VMP of the producer organisation/association of producer organisations has not decreased or has not decreased sufficiently. Assessment needs to be made on a case-by-case basis, taking into account the individual circumstances of the producer organisations, associations of producer organisations and their members as well as the market conditions that have caused the severe drop of income. Regulation (EU) No 1305/2013 provides that compensation to farmers of a specific sector for a severe drop in their income is to be granted only in duly justified cases, and where the drop in income exceeds a threshold of at least 20 % of the average annual income of the individual farmer in the preceding three-year period or a three-year average based on the preceding five-year period excluding the highest and lowest entry. The CMO Regulation does not contain any such thresholds. In order to ensure a uniform and non-discriminatory application of the measures, Member States could take a similar approach to that laid down in Regulation (EU) No 1305/2013, and grant support to replenish mutual funds where the drop of income of the producer organisation (i.e. its VMP per product) exceeds 20 % of the income established by the Member States, depending on the situation at stake (e.g. drop of income of all producer members or other situations), over the preceding three-year period or a three-year average based on the preceding five-year period excluding the highest and lowest entry;
(10)

It is recalled that the SAR Convention obligates contracting parties to participate in the development of search and rescue services and to take urgent steps to ensure that the necessary assistance is provided to any person who is, or appears to be, in distress at sea; the relevant parties should coordinate and cooperate so that those assisted are disembarked from the assisting ship and delivered to a place of safety as soon as reasonably practicable. In line with the IMO Guidelines on the treatment of persons rescued at sea, the selection of a place of safety for disembarkation should take into account a variety of important factors and the particular circumstances of each case. Among others, the need to avoid disembarkation in territories where the lives and freedoms of those alleging a well-founded fear of persecution would be threatened should be taken into account in the case of asylum-seekers and refugees recovered at sea. Moreover, the IMO Guidelines require responsible State authorities to make every effort to expedite arrangements to disembark survivors from the ship, while underlining that in some cases the necessary co-ordination may result in unavoidable delays.
COMMISSION OPINION of 4 February 1974 transmitted to the Government of Ireland concerning the Irish Draft European Communities (International Carriage of Passengers) Regulations, 1973 (74/164/EEC)

Under cover of letter dated 31 August 1973 the Permanent Representation of Ireland sent the Commission a copy of draft regulations which the Irish Government plans to adopt to implement the following Regulations: - Council Regulation No 117/66/EEC (1) of 28 July 1966 on the introduction of common rules for the international carriage of passengers by coach and bus;

- Commission Regulation (EEC) No 1016/68 (2) of 9 July 1968 prescribing the model control documents referred to in Articles 6 and 9 of Council Regulation No 117/66/EEC;

- Council Regulation (EEC) No 516/72 (3) of 28 February 1972 on the introduction of common rules for shuttle services by coach and bus between Member States;

- Council Regulation (EEC) No 517/72 (4) of 28 February 1972 on the introduction of common rules for regular and special regular services by coach and bus between Member States.

This communication represents consultation of the Commission as required by - Article 10 of Regulation No 117/66/EEC,

- Article 6 of Regulation (EEC) No 1016/68,

- Article 24 of Regulation (EEC) No 516/72,

- Article 22 of Regulation (EEC) No 517/72.

The Irish Government's communication concerning Regulation (EEC) No 1172/72 (5) is to be regarded as satisfying the terms of Article 6 of the Regulation, which requires that the Commission be informed of the provisions adopted to implement it.

The Commission regrets that the Irish Government did not keep to the deadline by which the measures to implement Regulation (EEC) Nos 516/72 and 517/72 should have been adopted.

As regards the provisions of the Irish draft regulations, the Commission notes that they satisfy the obligations imposed on the Member States under the abovementioned Community Regulations.

Done at Brussels, 4 February 1974.

For the Commission

The President

François-Xavier ORTOLI (1)OJ No 147, 9.8.1966, p. 2688/66. (2)OJ No L 173, 22.7.1968, p. 8. (3)OJ No L 67, 20.3.1972, p. 13. (4)OJ No L 67, 20.3.1972, p. 19. (5)OJ No L 134, 12.6.1972, p. 1.
COMMISSION OPINION of 28 January 1977 addressed to the Government of the Kingdom of Belgium on a draft Royal Decree relating to the introduction of a licence for transport brokers (77/137/EEC)

In accordance with Article 1 of the Council Decision of 21 March 1962 instituting a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions proposed by Member States in the field of transport (1), as amended by the Council Decision of 22 November 1973 (2), the Belgian Government has sent the Commission, under cover of a letter of 6 December 1976 from the Office of its Permanent Representative to the European Communities, the text of a draft Royal Decree relating to the introduction of a licence for transport brokers.

The letter from the Office of the Belgian Permanent Representative reached the Commission on 9 December 1976 and, in accordance with Article 1 of the abovementioned Council Decision, was also sent to the other Member States.

Under Article 2 (1) of the Council Decision of 21 March 1962, as amended by the Council Decision of 22 November 1973, the Commission delivers the following opinion: 1. The Commission notes that the purpose of the proposed Decree is to subject the exercise of the activity of transport broker to the obtaining of a licence, the conditions of which are laid down in the Decree. The Decree is one of a number of measures implementing the Law of 26 June 1967 relating to goods transport auxiliaries (3), a draft of which was made available to the Commission by the Belgian Government at the time and to which the Commission raised no objection in its opinion of 5 May 1966 (4).

2. The Commission has no objections to the draft Royal Decree submitted by the Belgian Government.

3. The Commission does not consider it necessary to institute consultations with the other Member States under Article 2 (3) of the Council Decision of 21 March 1962.

The Commission is informing the other Member States of this opinion.

Done at Brussels, 28 January 1977.

For the Commission

Richard BURKE

Member of the Commission

(1) OJ No 23, 3.4.1962, p. 720/62. (2) OJ No L 347, 17.12.1973, p. 48. (3) Moniteur, 27.9.1967. (4) OJ No 90, 17.5.1966, p. 1400/66.
COMMISSION OPINION of 14 December 1977 addressed to the Government of the French Republic on a draft order implementing Council Directive 76/135/EEC of 20 January 1976 on reciprocal recognition of navigability licences for inland waterway vessels (78/60/EEC)

1. In the letter of 24 June 1976 from the office of its Permanent Representation, the Government of the French Republic, in accordance with Article 6 of Council Directive 76/135/EEC of 20 January 1976 on reciprocal recognition of navigability licences for inland waterway vessels (1), submitted for the opinion of the Commission a draft order implementing Council Directive 76/135/EEC.

2. The Commission notes: - that the draft order refers to Council Directive 76/135/EEC of 20 January 1976 and incorporates certain of its provisions, in particular, as regards the scope and length of validity of the navigability licences,

- that it designates the approved licensing body.

3. However, the Commission must draw the French Government's attention to the fact that the draft order does not provide for the recognition of navigability licences issued by another Member State as stipulated in Article 3 (1) of the Directive. The Commission accordingly requests the French Government to supplement the French regulations on this point.

Done at Brussels, 14 December 1977.

For the Commission

Richard BURKE

Member of the Commission

(1) OJ No L 21, 29.1.1976, p. 10.
****

( 1 ) OJ NO L 357 , 29 . 12 . 1976 , P . 36 .

COMMISSION OPINION

OF 10 OCTOBER 1979

ADDRESSED TO THE UNITED KINGDOM GOVERNMENT PURSUANT TO ARTICLE 3 OF COUNCIL DIRECTIVE 76/914/EEC OF 16 DECEMBER 1976 ON THE MINIMUM LEVEL OF TRAINING FOR SOME TRANSPORT DRIVERS

( 79/871/EEC )

1 . IN A LETTER FROM THE OFFICE OF ITS PERMANENT REPRESENTATIVE TO THE EUROPEAN COMMUNITIES DATED 19 SEPTEMBER 1978 THE UNITED KINGDOM GOVERNMENT SUBMITTED FOR PERUSAL BY THE COMMISSION THE MEASURES WHICH IT CONTEMPLATES TAKING IN NORTHERN IRELAND WITH REGARD TO THE PROFESSIONAL TRAINING OF ROAD TRANSPORT DRIVERS BETWEEN 18 AND 21 YEARS OF AGE .

2 . THE MEASURES CONTEMPLATED BY THE UNITED KINGDOM GOVERNMENT IN RESPECT OF NORTHERN IRELAND FULFIL THE CONDITIONS SET OUT IN DIRECTIVE 76/914/EEC ( 1 ) AND GIVE RISE TO NO OBJECTIONS FROM THE COMMISSION .

3 . HOWEVER , THE ATTENTION OF THE UNITED KINGDOM GOVERNMENT IS DRAWN TO ARTICLE 3 ( 2 ) OF THIS COUNCIL DIRECTIVE . THIS PARAGRAPH STIPULATES THAT EACH MEMBER STATE SHALL PROVIDE THE COMMISSION WITH SPECIMENS OF THE CERTIFICATES OR EQUIVALENT DOCUMENTS WHICH IT ADOPTS WITH A VIEW TO IMPLEMENTING ARTICLE 2 ( 1 ). CONSEQUENTLY , THE UNITED KINGDOM GOVERNMENT IS REQUESTED TO FORWARD TO THE COMMISSION SPECIMENS OF THE CERTIFICATES OR EQUIVALENT DOCUMENTS FOR THE IMPLEMENTATION OF ARTICLE 2 ( 1 ).

DONE AT BRUSSELS , 10 OCTOBER 1979 .

FOR THE COMMISSION

RICHARD BURKE

MEMBER OF THE COMMISSION
COMMISSION OPINION of 25 September 1980 addressed to the French Government regarding the implementation of Council Directive 79/115/EEC concerning pilotage of vessels by deep-sea pilots in the North Sea and English Channel (80/948/EEC)

1. The Permanent Representation of France to the European Communities, in letters dated 16 January and 30 May 1980, submitted the following documents to the Commission under Article 2 of Directive 79/115/EEC: - a decree dated 2 May 1979 introducing certificates for deep-sea pilots,

- an order dated 27 December 1979 dealing with the conditions for obtaining a deep-sea pilot's certificate and with the scope of expertise required,

- a copy of a letter dated 28 April 1980 to the Chairman of the Central Committee of French Shipowners.

2. An examination of these documents has shown the Commission that the French Government has complied fully with its obligations regarding implementation of the Directive concerned.

Done at Brussels, 25 September 1980.

For the Commission

Richard BURKE

Member of the Commission
COMMISSION OPINION of 19 October 1981 addressed to the Government of the Kingdom of the Netherlands on a draft law establishing rules concerning the publication of data relating to loads in North-South inland waterway traffic (81/886/EEC)

In accordance with Article 1 of the Council Decision of 21 March 1962 instituting a procedure for prior examination and consultation in respect of certain laws, regulations and administrative provisions concerning transport proposed in Member States (1), as amended by Decision 73/402/EEC (2), the Netherlands Government sent to the Commission by letter of 22 July 1981 from its Permanent Representation to the European Communities a draft law establishing rules concerning the publication of data relating to loads in North-South inland waterway traffic.

The letter from the Netherlands Permanent Representation reached the Commission on 27 July 1981 and, in accordance with Article 1 of the Council Decision referred to above, was also sent to the other Member States.

The Commission has not thought it necessary to call a meeting with representatives of the Netherlands Government to gain further information, or to arrange consultations with the other Member States pursuant to Article 2 (3) of the Decision.

Pursuant to Article 2 (1) of the Decision, the Commission hereby delivers the following opinion: 1. The Commission notes that the proposed law will make it compulsory to publish certain information on transport operations on inland waterway routes from the Netherlands to Belgium and France via the Belgo-Netherlands frontier (North-South traffic). Publication of this information should increase the transparency of the market in question.

The Commission approves of the objective pursued by the Netherlands Government in this draft law, all the more so since publication of the information in the form provided for will not encroach on the right to negotiate contracts freely and will not have any adverse effects on competition as the transport rates are not to be published. The Commission agrees with the Netherlands Government that it is wiser not to publish the actual transport rates for both economic and practical reasons.

Moreover, the draft law is a step towards achieving the objectives of the system for monitoring the markets for the carriage of goods by rail, road and inland waterway which the Commission set up in response to the Council declaration of 12 June 1978 and the Council resolution of 23 July 1981. That system also has the objective of providing information to react more effectively to any changes observed.

2. The Commission has no objections to the draft Netherlands law.

The Commission is informing the other Member States of this opinion.

Done at Brussels, 19 October 1981.

For the Commission

Giorgios CONTOGEORGIS

Member of the Commission (1) OJ No 23, 3.4.1962, p. 720/62. (2) OJ No L 347, 17.12.1973, p. 48.
Commission Opinion

of 24 April 1981

addressed to the Kingdom of the Netherlands, regarding implementation of Regulation (EEC) No 954/79 of 15 May 1979 concerning the ratification by Member States of, or their accession to, the United Nations Convention on a Code of Conduct for Liner Conferences

(81/326/EEC)

1. In a letter dated 30 May 1980 the Director-General for Shipping and Maritime Affairs of the Ministry of Transport and Waterways of the Netherlands submitted the following documents for the opinion of the Commission in accordance with Article 6 of Regulation (EEC) No 954/79 [1]:

- a Bill approving the United Nations Convention on a Code of Conduct for Liner Conferences,

- a Bill containing rules concerning the sea transport market (Sea Transport Act),

- an explanatory memorandum on each of these Bills.

2. Having examined these documents, the Commission is of the view that full account has been taken of the requirements of the said Regulation, subject to the need to modify Article 8 (2) (b) of the draft Sea Transport Act in order to take full account of the provisions for reciprocity referred to in Article 4 of the Regulation. The paragraph in question would read, as modified: "the definition of reciprocity referred to in Article 4".

3. The Government of the Netherlands has indicated its readiness to make this amendment and on this basis the Commission hereby delivers a favourable opinion on the proposed legislation.

Done at Brussels, 24 April 1981.

For the Commission

Georges Contogeorgis

Member of the Commission

[1] OJ No L 121, 17. 5. 1979, p. 1.

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