do-me/EUR-LEX huggingface dataset:
Action brought on 12 April 2005 by the EFTA Surveillance Authority against the Kingdom of Norway (Case E-3/05)
Date: 2005-04-12
Institutions: EFTA Surveillance Authority
Subjects: United Kingdom, action for failure to fulfil an obligation, family benefit, free movement of workers, residence, worker (EU)

C 159/28

EN

Official Journal of the European Union

30.6.2005

EUROPEAN ECONOMIC AREA

EFTA COURT

Action brought on 12 April 2005 by the EFTA Surveillance Authority against the Kingdom of
Norway

(Case E-3/05)

(2005/C 159/10)

An action against the Kingdom of Norway was brought before the EFTA Court on 12 April 2005 by the
EFTA Surveillance Authority, represented by Niels Fenger and Arne Torsten Andersen, acting as Agents of
the EFTA Surveillance Authority, 35, Rue Belliard, B-1040 Brussels.

The applicant claims that the Court should:

1.
Declare that by applying a requirement of residence in the county of Finnmark or in seven specified
municipalities in the county of Troms for the entitlement of the Finnmark supplement to the family allow-
ances, the Kingdom of Norway has failed to fulfil its obligation pursuant to Article 73 of the Act referred
to at point 1 of Annex VI to the EEA Agreement (Council Regulation (EEC) No 1408/71 of 14 June 1971 on
the application of social security schemes to employed persons, to self-employed persons and to members of their
families moving within the Community), as adapted to the EEA Agreement by Protocol 1 thereto; or, alterna-
tively

Declare that by applying said residence requirement, the Kingdom of Norway has failed to fulfil its obliga-
tion pursuant to Article 7(2) of the Act referred to at Point 2 of Annex V (Council Regulation (EEC) No
1612/68 of 15 October 1968 on freedom of movement for workers within the Community), as adapted to the
EEA Agreement by Protocol 1 thereto; and

2.

Order the Kingdom of Norway to bear the costs of the proceedings.

Legal and factual background and pleas in law adduced in support:

— The case concerns a regional supplement to Norwegian family allowances, which is granted to persons

responsible for the upbringing of children residing in the designated area.

— Norwegian law requires that the grantee of the supplement reside in the designated area with their

child. The supplement is not dependent on the location of the grantee's place of employment.

— Article 29 EEA provides for the coordination of social security schemes in order to provide freedom of

movement of workers and self-employed persons within the EEA.

— Article 73 of Regulation (EEC) No 1408/71 stipulates that an employed or self-employed person
subject to the legislation of an EEA State and residing in another EEA State shall be entitled to the
family benefits provided by the former EEA State as if they were residing therein.

— Article 7(2) of Regulation (EEC) No 1612/68 states that migrant workers shall enjoy the same social

advantages as national workers.
2005/538/EC: Decision of the European Parliament of 12 April 2005 on the discharge to the Director of the European Agency for Reconstruction in respect of the implementation of its budget for the financial year 2003#Resolution of the European Parliament containing the comments accompanying the decision on the discharge to the Director of the European Agency for Reconstruction in respect of the implementation of its budget for the financial year 2003
Date: 2005-04-12
Institutions: European Parliament
Subjects: European Agency for Reconstruction, budgetary discharge, financial year, implementation of the budget

L 196/60

EN

Official Journal of the European Union

27.7.2005

DECISION OF THE EUROPEAN PARLIAMENT

of 12 April 2005

on the discharge to the Director of the European Agency for Reconstruction in respect of the
implementation of its budget for the financial year 2003

(2005/538/EC)

THE EUROPEAN PARLIAMENT,
— having regard to the Court of Auditors’ report on the annual accounts of the European Agency for

Reconstruction for the financial year 2003, together with the Agency’s replies (1),

— having regard to the Council’s recommendation of 8 March 2005 (6864/2005 — C6-0076/2005),
— having regard to the EC Treaty, and in particular Article 276 thereof,
— having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial
Regulation applicable to the general budget of the European Communities (2) and in particular Article
185 thereof, and to Council Regulation (EC) No 1646/2003 of 18 June 2003 amending Regulation (EC)
No 2667/2000 on the European Agency for Reconstruction (3) and in particular Article 8 thereof,
— having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the
framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC,
Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European
Communities (4) and, in particular, Article 94 thereof,

— having regard to Rules 70 and 71 of and Annex V to its Rules of Procedure,
— having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee

on Foreign Affairs (A6-0074/2005),

1.

2.

3.

Gives discharge to the Director of the European Agency for Reconstruction,
implementation of its budget for the financial year 2003;

in respect of the

Records its comments in the accompanying resolution;

Instructs its President to forward this decision and the accompanying resolution to the Director of the
European Agency for Reconstruction, the Council, the Commission and the Court of Auditors, and to
have them published in the Official Journal of the European Union (L series).

The President

Josep BORRELL FONTELLES

The Secretary-General

Julian PRIESTLEY

(1) OJ C 41, 17.2.2005, p. 35.
(2) OJ L 248, 16.9.2002, p. 1.
(3) OJ L 245, 29.9.2003, p. 16.
(4) OJ L 357, 31.12.2002, p. 72.
Non-opposition to a notified concentration (Case COMP/M.3704 — CVC/Mivisa)Text with EEA relevance
Date: 2005-04-12
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, tinplate and cutlery industry

C 88/6

EN

Official Journal of the European Union

12.4.2005

Non-opposition to a notified concentration

(Case COMP/M.3704 — CVC/Mivisa)

(2005/C 88/05)

(Text with EEA relevance)

On 9 March 2005, 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:

— from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This
web site 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 under document number 32005M3704. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)

Non-opposition to a notified concentration

(Case COMP/M.3738 — Kodak/KPG)

(2005/C 88/06)

(Text with EEA relevance)

On 21 March 2005, 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 Regu-
lation (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:

— from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This
web site 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 under document number 32005M3738. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)
Council Decision 2005/364/CFSP of 12 April 2005 concerning the conclusion of the Agreement between the European Union and Romania on security procedures for the exchange of classified information
Date: 2005-04-12
Institutions: Council of the European Union
Subjects: Romania, agreement (EU), common foreign and security policy, data protection, disclosure of information, exchange of information

5.5.2005

EN

Official Journal of the European Union

L 118/47

(Acts adopted under Title V of the Treaty on European Union)

COUNCIL DECISION 2005/364/CFSP

of 12 April 2005

concerning the conclusion of the Agreement between the European Union and Romania on security
procedures for the exchange of classified information

THE COUNCIL OF THE EUROPEAN UNION,

HAS DECIDED AS FOLLOWS:

Having regard to the Treaty on European Union, and in
particular Articles 24 and 38 thereof,

Article 1

The Agreement between the European Union and Romania on
security procedures for the exchange of classified information is
hereby approved on behalf of the European Union.

Having regard to the recommendation from the Presidency,

The text of the Agreement is attached to this Decision.

Whereas:

(1)

(2)

At
the
its meeting on 27 and 28 November 2003,
Council decided to authorise the Presidency, assisted by
the Secretary-General/High Representative (SG/HR),
to
open negotiations in accordance with Articles 24 and
38 of the Treaty on European Union with certain third
States, in order for the European Union to conclude with
each of them an Agreement on security procedures for
the exchange of classified information.

Following this authorisation to open negotiations, the
Presidency,
the SG/HR, negotiated an
Agreement with Romania on security procedures for
the exchange of classified information.

assisted by

(3)

The Agreement should be approved,

Article 2

The President of the Council is hereby authorised to designate
the person empowered to sign the Agreement in order to bind
the European Union.

Article 3

This Decision shall take effect on the date of its adoption.

Article 4

This Decision shall be published in the Official Journal of the
European Union.

Done at Luxembourg, 12 April 2005.

For the Council
The President

J.-C. JUNCKER
Non-opposition to a notified concentration (Case COMP/M.3738 — Kodak/KPG)Text with EEA relevance
Date: 2005-04-12
Institutions: European Commission
Subjects: economic concentration, exchange of information, merger control, photographic industry, reprography

C 88/6

EN

Official Journal of the European Union

12.4.2005

Non-opposition to a notified concentration

(Case COMP/M.3704 — CVC/Mivisa)

(2005/C 88/05)

(Text with EEA relevance)

On 9 March 2005, 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:

— from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This
web site 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 under document number 32005M3704. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)

Non-opposition to a notified concentration

(Case COMP/M.3738 — Kodak/KPG)

(2005/C 88/06)

(Text with EEA relevance)

On 21 March 2005, 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 Regu-
lation (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:

— from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This
web site 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 under document number 32005M3738. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)
Non-opposition to a notified concentration (Case COMP/M.3717 — BC Partners/Cinven/Amadeus)Text with EEA relevance
Date: 2005-04-12
Institutions: European Commission
Subjects: economic concentration, exchange of information, financial institution, merger control, software

12.4.2005

EN

Official Journal of the European Union

C 88/7

Non-opposition to a notified concentration

(Case COMP/M.3744 — Alcoa/AFL)

(2005/C 88/07)

(Text with EEA relevance)

On 23 March 2005, 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 Regu-
lation (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:

— from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This
web site 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 under document number 32005M3744. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)

Non-opposition to a notified concentration

(Case COMP/M.3717 — BC Partners/Cinven/Amadeus)

(2005/C 88/08)

(Text with EEA relevance)

On 16 March 2005, 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 Regu-
lation (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:

— from the Europa competition web site (http://europa.eu.int/comm/competition/mergers/cases/). This
web site 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 under document number 32005M3717. EUR-Lex is the on-

line access to European law. (http://europa.eu.int/eur-lex/lex)
2005/541/EC: Decision of the European Parliament of 12 April 2005 on the discharge to the Executive Director of the European Environment Agency in respect of the implementation of its budget for the financial year 2003
Date: 2005-04-12
Institutions: European Parliament
Subjects: European Environment Agency, budgetary discharge, financial year, implementation of the budget

L 196/80

EN

Official Journal of the European Union

27.7.2005

DECISION OF THE EUROPEAN PARLIAMENT

of 12 April 2005

on the discharge to the Executive Director of the European Environment Agency in respect of the
implementation of its budget for the financial year 2003

(2005/541/EC)

THE EUROPEAN PARLIAMENT,
— having regard to the Court of Auditors' report on the annual accounts of the European Environment

Agency for the 2003 financial year together with the Agency's replies (1),

— having regard to the Council's Recommendation of 8 March 2005 (6852/2005 — C6-0073/2005),
— having regard to the EC Treaty, and in particular Article 276 thereof,
— having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial
Regulation applicable to the general budget of the European Communities (2) and in particular Article
185 thereof, and to Regulation (EC) No 1641/2003 of the European Parliament and of the Council of
22 July 2003 amending Council Regulation (EEC) No 1210/90 on the establishment of the European
Environment Agency and the European Environment Information and Observation Network (3) and in
particular article 13 thereof,

— having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on
the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation
(EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the
European Communities (4) and, in particular, Article 94 thereof,

— having regard to Rules 70 and 71 of and Annex V to its Rules of Procedure,
— having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee

on the Environment, Public Health and Food Safety (A6-0074/2005),

1.

2.

3.

Gives discharge to the Executive Director of the European Environment Agency, in respect of the
implementation of its budget for the financial year 2003;

Records its comments in the accompanying resolution;

Instructs its President to forward this decision and the accompanying resolution to the Executive
Director of the European Environment Agency, the Council, the Commission and the Court of
Auditors, and to have them published in the Official Journal of the European Union (L series).

The President

Josep BORRELL FONTELLES

The Secretary-General

Julian PRIESTLEY

(1) OJ C 324, 30.12.2004, p. 23.
(2) OJ L 248, 16.9.2002, p. 1.
(3) OJ L 245, 29.9.2003, p. 1.
(4) OJ L 357, 31.12.2002, p. 72.
2005/548/EC: Decision of the European Parliament of 12 April 2005 on the discharge to the Director of the European Monitoring Centre on Racism and Xenophobia in respect of the implementation of its budget for the financial year 2003
Date: 2005-04-12
Institutions: European Parliament
Subjects: European Union Agency for Fundamental Rights, budgetary discharge, financial year, implementation of the budget

L 196/126

EN

Official Journal of the European Union

27.7.2005

DECISION OF THE EUROPEAN PARLIAMENT

of 12 April 2005

on the discharge to the Director of the European Monitoring Centre on Racism and Xenophobia in
respect of the implementation of its budget for the financial year 2003

(2005/548/EC)

THE EUROPEAN PARLIAMENT,

— having regard to the Court of Auditors’ report on the annual accounts of the European Monitoring
Centre on Racism and Xenophobia for the 2003 financial year together with the Monitoring Centre’s
replies (1),

— having regard to the Council’s recommendation of 8 March 2005 (6861/2005 — C6-0067/2005),

— having regard to the EC Treaty, and in particular Article 276 thereof,

— having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial
Regulation applicable to the general budget of the European Communities (2) and in particular Article
185 thereof, and to Council Regulation (EC) No 1652/2003 of 18 June 2003 amending Regulation (EC)
No 1035/97 establishing a European Monitoring Centre on Racism and Xenophobia (3) and in particular
Article 12a thereof,

— having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the
framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation
(EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the
European Communities (4) and, in particular, Article 94 thereof,

— having regard to Rules 70 and 71 of and Annex V to its Rules of Procedure,

— having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee

on Civil Liberties, Justice and Home Affairs (A6-0074/2005),

1.

2.

3.

Gives discharge to the Director of the European Monitoring Centre on Racism and Xenophobia in
respect of the implementation of its budget for the financial year 2003;

Records its comments in the accompanying resolution;

Instructs its President to forward this decision and the accompanying resolution to the Director of the
European Monitoring Centre on Racism and Xenophobia, the Council, the Commission and the
Court of Auditors, and to have them published in the Official Journal of the European Union (L series).

The President

Josep BORRELL FONTELLES

The Secretary-General

Julian PRIESTLEY

(1) OJ C 324, 30.12.2004, p. 91.
(2) OJ L 248, 16.9.2002, p. 1.
(3) OJ L 245, 29.9.2003, p. 33.
(4) OJ L 357, 31.12.2002, p. 72.
2005/533/EC: Decision of the European Parliament of 12 April 2005 on the discharge for implementing the general budget of the European Union for the financial year 2003, Section IV — Court of Justice
Date: 2005-04-12
Institutions: European Parliament
Subjects: Court of Justice of the European Union, budgetary discharge, financial year, general budget (EU), implementation of the budget

L 196/42

EN

Official Journal of the European Union

27.7.2005

DECISION OF THE EUROPEAN PARLIAMENT

of 12 April 2005

on the discharge for implementing the general budget of the European Union for the financial year
2003, Section IV — Court of Justice

(2005/533/EC)

THE EUROPEAN PARLIAMENT,
— having regard to the general budget of the European Union for the financial year 2003 (1),
— having regard to the revenue and expenditure account and balance sheet for the 2003 financial year

(C6-0017/2005),

— having regard to the Annual Report of the European Court of Auditors concerning the financial year

2003, together with the institutions’ replies (2),

— having regard to the Statement of Assurance as to the reliability of the accounts and the legality and
regularity of the underlying transactions, provided by the Court of Auditors pursuant to Article 248 of
the EC Treaty (3),

— having regard to Articles 272(10), 275 and 276 of the EC Treaty,
— having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial
Regulation applicable to the general budget of the European Communities (4), in particular Articles 50,
86(4), 145, 146 and 147 thereof,

— having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the

European Communities (5),

— having regard to Rule 71 of and Annex V to its Rules of Procedure,
— having regard to the report of the Committee on Budgetary Control (A6-0066/2005),

1.

2.

3.

Grants the Registrar of the Court of Justice discharge in respect of the implementation of the budget
for the 2003 financial year;

Records its comments in the accompanying resolution;

Instructs its President to forward this Decision and the accompanying Resolution to the Council, the
the European Economic and Social
the Court of Auditors,
Commission,
Committee, the Committee of the Regions and the Ombudsman and to have them published in
the Official Journal of the European Union (L series).

the Court of

Justice,

The President

Josep BORRELL FONTELLES

The Secretary-General

Julian PRIESTLEY

(1) OJ L 54, 28.2.2003, p. 1.
(2) OJ C 293, 30.11.2004, p. 1.
(3) OJ C 294, 30.11.2004, p. 99.
(4) OJ L 248, 16.9.2002, p. 1.
(5) OJ L 356, 31.12.1977, p. 1.