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name: decision (eu) 2018/1859 of the european parliament and of the council of 14 november 2018 on the mobilisation of the european union solidarity fund to provide assistance to latvia type: decision subject matter: budget; europe; eu finance; cooperation policy; deterioration of the environment; regions of eu member states date published: 2018-11-28 28.11.2018 en official journal of the european union li 302/1 decision (eu) 2018/1859 of the european parliament and of the council of 14 november 2018 on the mobilisation of the european union solidarity fund to provide assistance to latvia the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to council regulation (ec) no 2012/2002 of 11 november 2002 establishing the european union solidarity fund (1), and in particular article 4(3) thereof, having regard to the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 11 thereof, having regard to the proposal from the european commission, whereas: (1) the european union solidarity fund (the fund) aims to enable the union to respond in a rapid, efficient and flexible manner to emergency situations in order to show solidarity with the population of regions struck by natural disasters. (2) the fund is not to exceed a maximum annual amount of eur 500 000 000 (2011 prices), as laid down in article 10 of council regulation (eu, euratom) no 1311/2013 (3). (3) on 14 november 2017, latvia submitted an application to mobilise the fund, following a long-lasting period of intense rainfalls during summer and autumn 2017 leading to the saturation of soils and subsequent flooding. (4) the application by latvia meets the conditions for providing a financial contribution from the fund, as laid down in article 4 of regulation (ec) no 2012/2002. (5) the fund should therefore be mobilised in order to provide a financial contribution to latvia. (6) by decision (eu) 2018/508 of the european parliament and of the council (4), the fund was mobilised to provide the sum of eur 50 000 000 in commitment and payment appropriations for the payment of advances for the financial year 2018. those appropriations have only been used to a very limited extent. consequently, there is scope for financing the full amount for the present mobilisation through the reallocation of the appropriations mobilised for the payment of advances in the general budget of the union for the financial year 2018. (7) in order to minimise the time taken to mobilise the fund, this decision should apply from the date of its adoption, have adopted this decision: article 1 for the general budget of the union for the financial year 2018, the european union solidarity fund shall be mobilised to provide the amount of eur 17 730 519 to latvia, in commitment and payment appropriations. the amount of the mobilisation referred to in the first paragraph shall be financed from the appropriations mobilised for the payment of advances in the union budget for the financial year 2018. the appropriations available for the payment of advances shall be reduced accordingly. article 2 this decision shall enter into force on the day of its publication in the official journal of the european union. it shall apply from 14 november 2018. done at strasbourg, 14 november 2018. for the european parliament the president a. tajani for the council the president k. edtstadler (1) oj l 311, 14.11.2002, p. 3. (2) oj c 373, 20.12.2013, p. 1. (3) council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (oj l 347, 20.12.2013, p. 884). (4) decision (eu) 2018/508 of the european parliament and of the council of 12 december 2017 on the mobilisation of the european union solidarity fund to provide for the payment of advances in the general budget of the union for 2018 (oj l 83, 27.3.2018, p. 13).
name: decision (eu) 2018/1675 of the european parliament and of the council of 2 october 2018 on the mobilisation of the european globalisation adjustment fund following an application from the netherlands egf/2018/001 nl/financial service activities type: decision subject matter: economic policy; financial institutions and credit; regions of eu member states; employment; europe date published: 2018-11-12 12.11.2018 en official journal of the european union l 284/36 decision (eu) 2018/1675 of the european parliament and of the council of 2 october 2018 on the mobilisation of the european globalisation adjustment fund following an application from the netherlands egf/2018/001 nl/financial service activities the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1309/2013 of the european parliament and of the council of 17 december 2013 on the european globalisation adjustment fund (2014-2020) and repealing regulation (ec) no 1927/2006 (1), and in particular article 15(4) thereof, having regard to the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) aims to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market. (2) the egf is not to exceed a maximum annual amount of eur 150 million (2011 prices), as laid down in article 12 of council regulation (eu, euratom) no 1311/2013 (3). (3) on 23 february 2018, the netherlands submitted an application to mobilise the egf, in respect of redundancies in 20 enterprises operating in the financial services sector in the following regions: friesland, drenthe and overijssel in the netherlands. it was supplemented by additional information provided in accordance with article 8(3) of regulation (eu) no 1309/2013. that application complies with the requirements for determining a financial contribution from the egf as laid down in article 13 of regulation (eu) no 1309/2013. (4) the egf should, therefore, be mobilised in order to provide a financial contribution of eur 1 192 500 in respect of the application submitted by the netherlands. (5) in order to minimise the time taken to mobilise the egf, this decision should apply from the date of its adoption, have adopted this decision: article 1 for the general budget of the union for the financial year 2018, the european globalisation adjustment fund shall be mobilised to provide the amount of eur 1 192 500 in commitment and payment appropriations. article 2 this decision shall enter into force on the day of its publication in the official journal of the european union. it shall apply from 2 october 2018. done at strasbourg, 2 october 2018. for the european parliament the president a. tajani for the council the president j. bogner-strauss (1) oj l 347, 20.12.2013, p. 855. (2) oj c 373, 20.12.2013, p. 1. (3) council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (oj l 347, 20.12.2013, p. 884).
name: decision (eu) 2018/1093 of the european parliament and of the council of 4 july 2018 on the mobilisation of the european globalisation adjustment fund following an application from france egf/2017/009 fr/air france type: decision subject matter: employment; eu finance; europe; economic policy; air and space transport; regions of eu member states date published: 2018-08-07 7.8.2018 en official journal of the european union l 200/44 decision (eu) 2018/1093 of the european parliament and of the council of 4 july 2018 on the mobilisation of the european globalisation adjustment fund following an application from france egf/2017/009 fr/air france the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1309/2013 of the european parliament and of the council of 17 december 2013 on the european globalisation adjustment fund (2014-2020) and repealing regulation (ec) no 1927/2006 (1), and in particular article 15(4) thereof, having regard to the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) aims to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market. (2) the egf is not to exceed a maximum annual amount of eur 150 million (2011 prices), as laid down in article 12 of council regulation (eu, euratom) no 1311/2013 (3). (3) on 23 october 2017, france submitted an application to mobilise the egf, in respect of redundancies in air france in france. it was supplemented by additional information provided in accordance with article 8(3) of regulation (eu) no 1309/2013. that application complies with the requirements for determining a financial contribution from the egf as laid down in article 13 of regulation (eu) no 1309/2013. (4) the egf should, therefore, be mobilised in order to provide a financial contribution of eur 9 894 483 in respect of the application submitted by france. (5) in order to minimise the time taken to mobilise the egf, this decision should apply from the date of its adoption, have adopted this decision: article 1 for the general budget of the union for the financial year 2018, the european globalisation adjustment fund shall be mobilised to provide the amount of eur 9 894 483 in commitment and payment appropriations. article 2 this decision shall enter into force on the day of its publication in the official journal of the european union. it shall apply from 4 july 2018. done at strasbourg, 4 july 2018. for the european parliament the president a. tajani for the council the president k. edtstadler (1) oj l 347, 20.12.2013, p. 855. (2) oj c 373, 20.12.2013, p. 1. (3) council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (oj l 347, 20.12.2013, p. 884).
name: decision (eu) 2018/845 of the european parliament and of the council of 30 may 2018 on the mobilisation of the european globalisation adjustment fund (egf/2018/000 ta 2018 technical assistance at the initiative of the commission) type: decision subject matter: cooperation policy; budget; economic policy; employment; eu institutions and european civil service; eu finance date published: 2018-06-08 8.6.2018 en official journal of the european union l 144/1 decision (eu) 2018/845 of the european parliament and of the council of 30 may 2018 on the mobilisation of the european globalisation adjustment fund (egf/2018/000 ta 2018 technical assistance at the initiative of the commission) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1309/2013 of the european parliament and of the council of 17 december 2013 on the european globalisation adjustment fund (2014-2020) and repealing regulation (ec) no 1927/2006 (1), and in particular article 11(2) thereof, having regard to the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) aims to provide support for workers made redundant and self-employed persons whose activities have ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market. (2) the egf is not to exceed a maximum annual amount of eur 150 million (2011 prices), as laid down in article 12 of council regulation (eu, euratom) no 1311/2013 (3). (3) regulation (eu) no 1309/2013 provides that a maximum of 0,5 % of the annual maximum amount of the egf may be used each year for technical assistance at the initiative of the commission. (4) the egf should, therefore, be mobilised in order to provide the sum of eur 345 000 for technical assistance at the initiative of the commission, have adopted this decision: article 1 for the general budget of the european union for the financial year 2018, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 345 000 in commitment and payment appropriations. article 2 this decision shall enter into force on the third day following that of its publication in the official journal of the european union. done at strasbourg, 30 may 2018. for the european parliament the president a. tajani for the council the president l. pavlova (1) oj l 347, 20.12.2013, p. 855. (2) oj c 373, 20.12.2013, p. 1. (3) council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (oj l 347, 20.12.2013, p. 884).
name: decision (eu) 2018/646 of the european parliament and of the council of 18 april 2018 on a common framework for the provision of better services for skills and qualifications (europass) and repealing decision no 2241/2004/ec (text with eea relevance. ) type: decision subject matter: cooperation policy; information and information processing; employment; education; documentation; labour market date published: 2018-05-02 2.5.2018 en official journal of the european union l 112/42 decision (eu) 2018/646 of the european parliament and of the council of 18 april 2018 on a common framework for the provision of better services for skills and qualifications (europass) and repealing decision no 2241/2004/ec (text with eea relevance) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, and in particular articles 165 and 166 thereof, having regard to the proposal from the european commission, after transmission of the draft legislative act to the national parliaments, having regard to the opinion of the european economic and social committee (1), after consulting the committee of the regions, acting in accordance with the ordinary legislative procedure (2), whereas: (1) individuals, when looking for a job, or making decisions on learning, studying or working, need access to information and guidance on what opportunities are available, on how to assess their skills and on ways to present information about their skills and qualifications. (2) differences in definitions, document formats, languages as well as assessment and validation methods all pose considerable challenges for individuals, employers, competent authorities and bodies. those challenges arise mainly when individuals move between countries, including third countries, but also when they are looking for a new job or engaging in learning and career management. clear and widely disseminated information, a shared understanding and improved transparency of skills and qualifications are important in order to address those challenges. (3) the new skills agenda for europe, adopted by the commission on 10 june 2016, invites member states, social partners, industry and other stakeholders to work together on ten actions to improve the quality and relevance of skills formation, to make skills more visible and comparable and to improve skills intelligence and especially information for better career choices. a revision of the europass framework was proposed as one of the ten actions that offer a key route to achieving and supporting those objectives. (4) decision no 2241/2004/ec of the european parliament and of the council (3) established a framework to address the challenges relating to job seeking, engaging in learning and career management. the aim of that decision was to achieve better transparency of qualifications and competences through a portfolio of documents known as europass, which individuals can use on a voluntary basis. that decision also established national bodies, known as national europass centres, in order to implement the europass framework. (5) to achieve its main objective, the europass framework focuses on tools for the documentation of skills and qualifications. those tools have become widely used through the europass internet-based information system. (6) the national europass centres provide support to users and promote the documentation of skills and qualifications. the euroguidance network, which promotes the european dimension in guidance and provides high quality information on lifelong guidance and transnational mobility for learning purposes, has also contributed to the development of information provision regarding union tools for skills and qualifications. the european qualifications framework national coordination points support national authorities in referencing national qualifications frameworks or systems to the european qualifications framework (eqf) and focus on bringing the eqf closer to individuals and organisations. support for, and greater coordination of, those national services should be ensured in order to enhance their impact while respecting the diversity of national systems. (7) in its report to the european parliament and the council of 19 december 2013 on the evaluation of europass, the commission concluded that the national europass centres' mission of raising awareness of europass and providing the necessary information to interested parties was a satisfactory model for the implementation of europass. the commission further concluded, however, that most europass tools still did not reach all potential users and had an unequal reach in terms of geography and age group, and that better coordination and integration of services supporting guidance and mobility within the europass framework would enable more potential users to be targeted. (8) evidence shows that europass is used by social groups with high digital literacy while less advantaged groups, such as people with lower levels of education, older persons or long-term unemployed persons are often not aware of the existence of europass and its tools and therefore cannot benefit from it. (9) the europass portfolio is one of a number of tools and instruments that have been put in place at union level to improve transparency and understanding of skills and qualifications. (10) the europass portfolio comprises five document templates. the europass curriculum vitae (cv) template allows individuals to complete their cvs in a standardised format. since the europass cv was first established in 2004, more than 100 million europass cvs have been created online. two qualification supplement templates, namely the europass diploma supplement and the europass certificate supplement, offer information on the content and learning outcomes associated with a qualification and on the education system of the country issuing the qualification. the europass language passport is used to describe language skills. the europass mobility template describes the skills acquired abroad on mobility experiences for learning or work. (11) the council recommendation of 22 may 2017 (4) provides a common reference framework to help individuals and organisations compare different qualification systems and the levels of qualifications from those systems. (12) the council recommendation of 20 december 2012 (5) invited member states to have in place, by 2018, in accordance with national circumstances and specificities, and as they deem appropriate, arrangements for the validation of non-formal and informal learning, which enable individuals to have their knowledge, skills and competences, which have been acquired through non-formal and informal learning, validated, and to obtain a full qualification, or, where applicable, partial qualification. (13) the council resolution of 28 may 2004 on strengthening policies, systems and practices in the field of guidance throughout life sets out the key objectives of a lifelong guidance policy for all citizens of the union. the council resolution of 21 november 2008 (6) highlights the importance of guidance for lifelong learning. (14) the learning opportunities and qualifications in europe portal gives access to information on learning opportunities and qualifications offered in different education systems in europe and on the comparison of national qualifications frameworks using the eqf. (15) the eu skills panorama provides information on skills for different occupations and specific industries, including demand and supply at national level. (16) the analysis of job vacancies and of other labour market trends is an established way of developing skills intelligence to understand the issues of skills gaps and shortages as well as qualification mismatches. (17) the multilingual european skills, competences, qualifications and occupations classification (esco), developed and continuously updated by the commission, in close cooperation with member states and stakeholders, aims to promote the transparency of skills and qualifications for education and training, as well as for work-related purposes. following appropriate testing, and having due regard for the position of member states, esco could be used by the commission within the europass framework; the use of esco by member states is on a voluntary basis, following testing with, and evaluation by, the member states. (18) the european network of employment services (eures), established by regulation (eu) 2016/589 of the european parliament and of the council (7), is a cooperative network for exchanging information and facilitating interaction between jobseekers and employers. it provides free assistance to jobseekers who wish to move to another country and assists employers who wish to recruit workers from other countries. synergies and cooperation between the europass and eures portals could reinforce the impact of both services. (19) labour market processes such as the publication of job vacancies, job applications, skills assessments and recruitment are increasingly managed online through tools that use social media, big data and other technologies. candidate selection is managed through tools and processes that seek information on skills and qualifications acquired in formal, non-formal and informal settings. (20) formal, non-formal and informal learning currently also takes place in new forms and settings, and is offered by a variety of providers, particularly through the use of digital technologies and platforms, distance learning, e-learning, peer-to-peer learning, massive open online courses and open educational resources. furthermore, skills, experiences and learning achievements are acknowledged in different forms, for example digital open badges. digital technologies are also used for skills obtained through non-formal learning such as youth work and volunteering. (21) for the purposes of this decision, skills are understood in a broad sense covering what a person knows, understands and can do. skills refer to different types of learning outcomes, including knowledge and competences as well as ability to apply knowledge and to use knowhow in order to complete tasks and solve problems. in addition to the acknowledged importance of professional skills, there is an acknowledgement that transversal or soft skills, such as critical thinking, team work, problem solving and creativity, digital or language skills, are increasingly important and are essential prerequisites for personal and professional fulfilment and can be applied in different fields. individuals could benefit from tools and guidance on assessing and describing those and other skills. (22) traditionally, individuals have presented information on their acquired skills and qualifications in a cv and in supporting documents such as certificates or diplomas. now, new tools are available which can facilitate the presentation of skills and qualifications by using varied online and digital formats. the new tools can also support self-assessment by individuals of skills acquired in different settings. (23) the europass framework should respond to current and future needs. users need tools to document their skills and qualifications. in addition, tools for assessment of skills and self-assessment of skills, as well as access to relevant information, including information on validation opportunities and guidance, can be beneficial for making decisions on employment and learning opportunities. (24) union tools for skills and qualifications should adapt to changing practices and advances in technology in order to ensure they remain relevant and beneficial to users. this should be achieved by, among other things, creating innovative features, such as interactive tools, editing and design of documents, by seeking to ensure more comprehensive, effective and efficient tools and simplification, as well as increased technical interoperability and synergies between related tools, including those developed by third parties, and by taking into account the specific needs of people with disabilities. in addition, authentication measures could be used to support the verification of digital documents on skills and qualifications. (25) the europass framework established by decision no 2241/2004/ec should therefore be replaced by a new framework to address evolving needs. (26) the new europass framework should meet the needs and expectations of all individual end-users, such as learners, job seekers, including unemployed persons and workers, as well as of other relevant stakeholders, such as employers (in particular small and medium-sized enterprises), chambers of commerce, civil society organisations, volunteers, guidance practitioners, public employment services, social partners, education and training providers, youth organisations, youth work providers, responsible national authorities and policy makers. it should also consider the needs of third country nationals arriving or residing in the union to support their integration. (27) the europass framework should evolve in order to allow for the description of different types of learning and skills and, in particular, those acquired through non-formal and informal learning. (28) the europass framework should be developed through a user-centric approach based on feedback, and through requirements gathering, including through surveys and testing, with attention paid to the particular current and future needs of europass target groups. europass' features should in particular reflect the member states' and the union's commitment to ensure that persons with disabilities have equal access to the labour market and to information and communication technologies and systems. europass tools should be perceivable, operable, understandable and robust, thereby enabling them to be more accessible to users, in particular to persons with disabilities. (29) updates and changes to the europass framework should be made in cooperation with relevant stakeholders, such as employment services, guidance practitioners, education and training providers, the social partners such as trade unions and employers' associations, and in full respect of ongoing political cooperation, such as the bologna process in the european higher education area. constructive collaboration between the commission, member states and stakeholders is of paramount importance to the successful development and implementation of the europass framework. (30) relevant union law on personal data protection and national implementing measures should apply to the processing of personal data that are stored and processed pursuant to this decision. users should have the possibility to restrict access to their personal data. (31) participation in the framework should be open to members of the european economic area which are not member states of the union, acceding states, candidate states and potential candidate states for accession to the union, given their long-standing interest and cooperation with the union in this field. participation should be in accordance with the relevant provisions of the instruments governing relations between the union and those countries. information on skills and qualifications provided through the europass framework should come from a wider range of countries and education systems than those of participating countries and reflect migration movements from and to other parts of the world. (32) the commission should ensure the coherent implementation and monitoring of this decision through a europass advisory group composed of representatives of the member states and relevant stakeholders. the advisory group should, in particular, develop a strategic approach to the implementation and future development of europass, and advise on the development of web-based tools, including through testing, and on information provided through the europass online platform, in cooperation with other groups, where relevant. (33) co-funding for the implementation of this decision is provided, inter alia, by the union programme erasmus+, as established by regulation (eu) no 1288/2013 of the european parliament and of the council (8). the committee created under that regulation is involved in strategic discussions on the progress of europass implementation, and on future developments. (34) since the objective of this decision, namely the establishment of a comprehensive and interoperable framework of tools and information, in particular for transnational employment and learning mobility purposes, cannot be sufficiently achieved by the member states but can rather, by reason of the effects of the action, be better achieved at union level, the union may adopt measures, in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union. in accordance with the principle of proportionality as set out in that article, this decision does not go beyond what is necessary in order to achieve that objective. (35) as a general principle, the obligations and administrative and financial burdens on the member states should be balanced with regard to costs and benefits. (36) the activities carried out in the context of this decision should be supported by the expertise of the union agencies, in particular by the european centre for the development of vocational training, within their domains of competence. (37) decision no 2241/2004/ec should therefore be repealed, without prejudice to the validity or status of previously issued europass documents. all established europass document templates should be maintained within the new framework until such time as necessary changes or updates are made in accordance with this decision. in order to ensure a smooth transition to the europass online platform, the europass internet-based information system established by decision no 2241/2004/ec should continue to operate until the europass online platform is set up and becomes operational, have adopted this decision: article 1 subject matter and scope 1. this decision establishes a european framework to support the transparency and understanding of skills and qualifications acquired in formal, non-formal and informal settings, including through practical experiences, mobility and volunteering (europass). 2. europass shall consist of web-based tools and relevant available information, including information to support the european dimension of guidance provided through an online platform and supported by national services intended to help users to better communicate and present skills and qualifications and to compare qualifications. 3. europass shall be targeted at: (a) individual end-users, such as learners, job seekers, workers and volunteers, and (b) relevant stakeholders, such as education and training providers, guidance practitioners, employers, public employment services, social partners, youth work providers, youth organisations and policy makers. 4. the use of europass shall be voluntary and shall not impose any obligations or confer any rights other than those defined in this decision. article 2 definitions for the purposes of this decision, the following definitions apply: (a) certificate supplement means a document attached to a vocational education and training or professional certificate issued by the competent authorities or bodies, in order to make it easier for third persons particularly in another country to understand the learning outcomes acquired by the holder of the qualification, as well as the nature, level, context, content and status of the education and training completed and skills acquired; (b) diploma supplement means a document attached to a higher education diploma issued by the competent authorities or bodies, in order to make it easier for third persons particularly in another country to understand the learning outcomes acquired by the holder of the qualification, as well as the nature, level, context, content and status of the education and training completed and skills acquired; (c) europass supplements means a set of documents, such as diploma supplements and certificate supplements, issued by the competent authorities or bodies; (d) guidance means a continuous process that enables individuals to identify their capacities, skills and interests, through a range of individual and collective activities to make educational, training and occupational decisions and to manage their individual life paths in learning, work and other settings in which those capacities and skills are learned or used; (e) european dimension of guidance means cooperation and support at union level to strengthen policies, systems and practices for guidance within the union; (f) qualification means a formal outcome of an assessment and validation process which is obtained when a competent authority or body determines that an individual has achieved learning outcomes to given standards; (g) assessment of skills means the process or method used to evaluate, measure and eventually describe, through self-assessment or assessment certified by a third party, or both, the skills of individuals acquired through formal, non-formal or informal settings; (h) self-assessment of skills means the process of systematic reflection by individuals on their skills through reference to an established description of skills; (i) skills intelligence means available quantitative or qualitative analysis of aggregated data on skills from existing sources in relation to the labour market and of corresponding learning opportunities in the education and training system which can contribute to guidance and counselling, recruitment processes, the choice of education, training and career paths; (j) authentication services means technical processes, such as electronic signatures and website authentication, which allow users to verify information, such as their identity, through europass; (k) technical interoperability means the ability of information and communication technology systems to interact so as to enable the sharing of information, achieved through agreement by all parties and owners of the information; (l) validation means the process by which a competent authority or body confirms that an individual has acquired learning outcomes, including those acquired in non-formal and informal learning settings, measured against a relevant standard, and which consists of four distinct phases, namely identification, documentation, assessment and certification of the results of the assessment in the form of a full qualification, credits or a partial qualification, as appropriate and in line with national circumstances; (m) open standards means technical standards that have been developed in a collaborative process, and have been published for free use by any interested party; (n) online platform means a web-based application that provides information and tools to end users and allows them to complete specific tasks online; (o) personal data means any information relating to an identified or identifiable natural person. article 3 online platform 1. europass shall provide, through an online platform, web-based tools for: (a) documenting and describing personal information in a variety of formats, including curriculum vitae (cv) templates; (b) documenting and describing skills and qualifications acquired through working and learning experiences, including through mobility and volunteering; (c) the assessment of skills and self-assessment of skills; (d) documenting the learning outcomes of qualifications, including the europass supplement templates, as referred to in article 5. the use of europass tools for the assessment of skills and self-assessment of skills as referred to in point (c) shall not lead directly to formal recognition or the issuance of qualifications. 2. the europass online platform shall provide available information or links to available information on the following topics: (a) learning opportunities; (b) qualifications and qualifications frameworks or systems; (c) opportunities for validation of non-formal and informal learning; (d) recognition practices and relevant legislation in different countries, including third countries; (e) services offering guidance for transnational learning mobility and career management; (f) skills intelligence as produced by relevant union-level activities and agencies within their domains of competence; (g) information on skills and qualifications that could be relevant to the particular needs of third country nationals arriving or residing in the union to support their integration. article 4 main principles and features 1. the europass online platform and web-based tools, including their content and functionality, shall be user-friendly and secure and be made available free-of-charge to all users. 2. the europass online platform and web-based tools, including their content and functionality, shall be accessible to persons with disabilities, in accordance with the accessibility requirements established in relevant union law. 3. europass web-based tools shall use open standards to be made available free of charge, for reuse by member states and other stakeholders on a voluntary basis. 4. europass web-based tools shall refer to the eqf in information on qualifications, descriptions of national education and training systems and other relevant topics, as appropriate and in line with national circumstances. 5. the europass online platform may include an option for users to store personal data such as a personal profile. union data protection law shall apply to the processing of such personal data. a number of options shall be made available to users to enable them to restrict access to their data or to certain attributes. 6. europass shall support authentication services for any digital documents or representations of information on skills and qualifications. 7. europass web-based tools shall be delivered in the official languages of the institutions of the union. 8. europass web-based tools shall support and ensure technical interoperability and synergies with other relevant instruments and services offered at union and, where appropriate, national levels. article 5 europass supplements 1. europass supplements shall be issued, in accordance with templates, by the competent authorities or bodies. in particular, the order of each item in the templates shall be respected, to ensure ease of understanding and the provision of complete information. 2. the templates referred to in paragraph 1 shall be developed and, when necessary, revised by the commission, in close cooperation and consultation with the member states and other stakeholders such as the council of europe and the united nations educational, scientific and cultural organisation to ensure relevance and usability of the supplements. 3. europass supplements shall be issued free of charge and, where possible, in electronic form. europass supplements shall be issued in the national language and, where possible, in another european language. 4. europass supplements shall not replace original diplomas or certificates and shall not amount to formal recognition of the original diploma or certificate by competent authorities or bodies of other countries. article 6 the commission's tasks 1. the commission shall manage the europass online platform. in that regard the commission shall: (a) ensure the availability and high quality of union-level information or links to such available information as referred to in article 3(2); (b) develop, test and, when necessary, update the europass online platform, including open standards, in line with user needs and technological advancements as well as changes in labour markets and in the provision of education and training; (c) keep up to date with and incorporate, where relevant, the latest technological developments that can improve the accessibility of europass for older persons and persons with disabilities; (d) ensure that any development or updating of the europass online platform, including open standards, supports consistency of information and demonstrates clear added value; (e) ensure that any web-based tools, in particular tools for assessment and self-assessment, are fully tested and quality-assured; and (f) ensure the quality and monitor the effectiveness of the europass online platform including web-based tools in line with user needs. 2. the commission shall ensure the effective implementation of this decision. in that regard the commission shall: (a) ensure the active participation and involvement of member states in strategic planning, including setting and steering strategic objectives, quality assurance and financing, and take due regard of their positions; (b) ensure the active participation and involvement of member states in the development, testing, updating and evaluation of the europass online platform, including open standards, and take due regard of their positions; (c) ensure that, at union level, relevant stakeholders are involved in the implementation and evaluation of this decision; (d) set up learning activities and best practice exchanges between member states and, where appropriate, facilitate peer counselling at the request of member states; and (e) ensure that effective and adequate promotion, guidance and information activities are carried out at union level in order to reach relevant users and stakeholders, including persons with disabilities. article 7 member states' tasks 1. each member state shall be responsible for the implementation of this decision at national level through the relevant national services and without prejudice to national arrangements in terms of implementation and organisation. in that regard member states shall: (a) coordinate the activities related to the implementation of europass web-based tools; (b) promote the use and strengthen the awareness and visibility of europass; (c) promote and provide information on services offering guidance for transnational learning mobility and career management, including, where appropriate, individual guidance services; (d) make information on learning opportunities, qualifications and recognition practices available on the europass online platform, including through links to relevant national websites; (e) involve stakeholders from all relevant sectors, and promote cooperation among public and private stakeholders, in the activities under their responsibility. 2. the provision of information to the europass online platform under article 3(2) shall not create any additional obligations for member states. article 8 data processing and protection the measures provided for in this decision shall be carried out in accordance with union law on protection of personal data, in particular directive 95/46/ec of the european parliament and of the council (9) and regulation (ec) no 45/2001 of the european parliament and of the council (10). article 9 monitoring and evaluation 1. the commission shall report on progress and expected future developments following the adoption of this decision, as appropriate, in the context of relevant education, training and employment policy frameworks. 2. by 23 may 2023, and every five years thereafter, the commission shall submit to the european parliament and to the council an evaluation report on the implementation and impact of this decision. 3. the evaluation shall be carried out by an independent body based on qualitative and quantitative indicators developed by the commission in consultation with member states. article 10 participating countries 1. participation in the activities referred to in this decision shall be open to members of the european economic area which are not member states of the union in accordance with the conditions laid down in the agreement on the european economic area. 2. participation shall also be open to acceding states, candidate states and potential candidate states for accession to the union in accordance with their agreements concluded with the union. article 11 financial provisions the implementation of this decision at national level shall be co-financed through union programmes. the annual appropriations shall be authorised by the european parliament and the council within the limits of the multiannual financial framework. article 12 repeal and transitional provisions 1. decision no 2241/2004/ec is repealed. 2. the europass internet-based information system established by decision no 2241/2004/ec shall continue to operate until such time as the europass online platform established by this decision is set up and becomes operational. article 13 entry into force this decision shall enter into force on the twentieth day following that of its publication in the official journal of the european union. done at strasbourg, 18 april 2018. for the european parliament the president a. tajani for the council the president l. pavlova (1) oj c 173, 31.5.2017, p. 45. (2) position of the european parliament of 15 march 2018 (not yet published in the official journal) and decision of the council of 12 april 2018. (3) decision no 2241/2004/ec of the european parliament and of the council of 15 december 2004 on a single community framework for the transparency of qualifications and competences (europass) (oj l 390, 31.12.2004, p. 6). (4) council recommendation of 22 may 2017 on the european qualifications framework for lifelong learning and repealing the recommendation of the european parliament and of the council of 23 april 2008 on the establishment of the european qualifications framework for lifelong learning (oj c 189, 15.6.2017, p. 15). (5) council recommendation of 20 december 2012 on the validation of non-formal and informal learning (oj c 398, 22.12.2012, p. 1). (6) resolution of the council and of the representatives of the governments of the member states, meeting within the council of 21 november 2008 on better integrating lifelong guidance into lifelong learning strategies (oj c 319, 13.12.2008, p. 4). (7) regulation (eu) 2016/589 of the european parliament and of the council of 13 april 2016 on a european network of employment services (eures), workers' access to mobility services and the further integration of labour markets, and amending regulations (eu) no 492/2011 and (eu) no 1296/2013 (oj l 107, 22.4.2016, p. 1). (8) regulation (eu) no 1288/2013 of the european parliament and of the council of 11 december 2013 establishing erasmus+: the union programme for education, training, youth and sport and repealing decisions no 1719/2006/ec, no 1720/2006/ec and no 1298/2008/ec (oj l 347, 20.12.2013, p. 50). (9) directive 95/46/ec of the european parliament and of the council of 24 october 1995 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (oj l 281, 23.11.1995, p. 31). (10) regulation (ec) no 45/2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data (oj l 8, 12.1.2001, p. 1).
name: decision (eu) 2018/513 of the european parliament and of the council of 14 march 2018 on the mobilisation of the european globalisation adjustment fund following an application from germany egf/2017/008 de/goodyear type: decision subject matter: employment; europe; eu finance; chemistry; economic policy; regions of eu member states; cooperation policy date published: 2018-03-28 28.3.2018 en official journal of the european union l 84/16 decision (eu) 2018/513 of the european parliament and of the council of 14 march 2018 on the mobilisation of the european globalisation adjustment fund following an application from germany egf/2017/008 de/goodyear the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1309/2013 of the european parliament and of the council of 17 december 2013 on the european globalisation adjustment fund (2014-2020) and repealing regulation (ec) no 1927/2006 (1), and in particular article 15(4) thereof, having regard to the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) aims to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market. (2) the egf is not to exceed a maximum annual amount of eur 150 million (2011 prices), as laid down in article 12 of council regulation (eu, euratom) no 1311/2013 (3). (3) on 6 october 2017, germany submitted an application to mobilise the egf, in respect of redundancies in goodyear dunlop tires germany gmbh in germany. it was supplemented by additional information provided in accordance with article 8(3) of regulation (eu) no 1309/2013. that application complies with the requirements for determining a financial contribution from the egf as laid down in article 13 of regulation (eu) no 1309/2013. (4) the egf should, therefore, be mobilised in order to provide a financial contribution of eur 2 165 231 in respect of the application submitted by germany. (5) in order to minimise the time taken to mobilise the egf, this decision should apply from the date of its adoption, have adopted this decision: article 1 for the general budget of the union for the financial year 2018, the european globalisation adjustment fund shall be mobilised to provide the amount of eur 2 165 231 in commitment and payment appropriations. article 2 this decision shall enter into force on the day of its publication in the official journal of the european union. it shall apply from 14 march 2018. done at strasbourg, 14 march 2018. for the european parliament the president a. tajani for the council the president l. pavlova (1) oj l 347, 20.12.2013, p. 855. (2) oj c 373, 20.12.2013, p. 1. (3) council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (oj l 347, 20.12.2013, p. 884).
name: decision (eu) 2017/1599 of the european parliament and of the council of 13 september 2017 on the mobilisation of the european union solidarity fund to provide assistance to italy type: decision subject matter: europe; budget; cooperation policy; eu finance; deterioration of the environment; regions of eu member states date published: 2017-09-23 23.9.2017 en official journal of the european union l 245/3 decision (eu) 2017/1599 of the european parliament and of the council of 13 september 2017 on the mobilisation of the european union solidarity fund to provide assistance to italy the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to council regulation (ec) no 2012/2002 of 11 november 2002 establishing the european union solidarity fund (1), and in particular article 4(3) thereof, having regard to the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 11 thereof, having regard to the proposal from the european commission, whereas: (1) the european union solidarity fund (the fund) aims to enable the union to respond in a rapid, efficient and flexible manner to emergency situations in order to show solidarity with the population of regions struck by natural disasters. (2) the fund is not to exceed a maximum annual amount of eur 500 000 000 (2011 prices), as laid down in article 10(1) of council regulation (eu, euratom) no 1311/2013 (3). the entire 2016 allocation remained unspent, was carried over to the following year, in accordance with article 10(1) of regulation (eu, euratom) no 1311/2013 and was partially used in april 2017. the 2017 allocation was not yet drawn on. (3) on 16 november 2016, italy submitted an application to mobilise the fund, following an earthquake that affected the regions of abruzzo, lazio, marche and umbria on 24 august 2016. additional earthquakes struck the previously hit areas and significantly increased the level of previously reported damage. italy then submitted its final application on 15 february 2017 with revised estimates including all damage caused between 24 august 2016 and 18 january 2017. (4) the application by italy meets the conditions for providing a financial contribution from the fund, as laid down in article 4 of regulation (ec) no 2012/2002. (5) the fund should therefore be mobilised in order to provide a financial contribution to italy. (6) since the amount that may be mobilised for 2017 is not sufficient to cover the full contribution, the difference should exceptionally be financed through the annual amount available for 2018 as provided for in article 10(2) of regulation (eu, euratom) no 1311/2013. (7) in order to minimise the time taken to mobilise the fund, this decision should apply from the date of its adoption, have adopted this decision: article 1 for the general budget of the union for the financial year 2017, the european union solidarity fund shall be mobilised to provide the amount of eur 1 196 797 579 to italy in commitment and payment appropriations. article 2 this decision shall enter into force on the day of its publication in the official journal of the european union. it shall apply from 13 september 2017. done at strasbourg, 13 september 2017. for the european parliament the president a. tajani for the council the president m. maasikas (1) oj l 311, 14.11.2002, p. 3. (2) oj c 373, 20.12.2013, p. 1. (3) council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (oj l 347, 20.12.2013, p. 884).
name: decision (eu) 2017/1600 of the european parliament and of the council of 13 september 2017 on the mobilisation of the european globalisation adjustment fund following an application from finland egf/2017/002 fi/microsoft 2 type: decision subject matter: information technology and data processing; economic policy; employment; cooperation policy; europe; eu finance; regions of eu member states date published: 2017-09-23 23.9.2017 en official journal of the european union l 245/5 decision (eu) 2017/1600 of the european parliament and of the council of 13 september 2017 on the mobilisation of the european globalisation adjustment fund following an application from finland egf/2017/002 fi/microsoft 2 the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1309/2013 of the european parliament and of the council of 17 december 2013 on the european globalisation adjustment fund (2014-2020) and repealing regulation (ec) no 1927/2006 (1), and in particular article 15(4) thereof, having regard to the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) aims to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market. (2) the egf is not to exceed a maximum annual amount of eur 150 million (2011 prices), as laid down in article 12 of council regulation (eu, euratom) no 1311/2013 (3). (3) on 1 february 2017 finland submitted an application to mobilise the egf, in respect of redundancies in microsoft oy (microsoft mobile oy) and 11 suppliers and downstream producers and cessations of activities. it was supplemented by additional information provided in accordance with article 8(3) of regulation (eu) no 1309/2013. that application complies with the requirements for determining a financial contribution from the egf as laid down in article 13 of regulation (eu) no 1309/2013. (4) the egf should, therefore, be mobilised in order to provide a financial contribution of eur 3 520 080 in respect of the application submitted by finland. (5) in order to minimise the time taken to mobilise the egf, this decision should apply from the date of its adoption, have adopted this decision: article 1 for the general budget of the union for the financial year 2017, the european globalisation adjustment fund shall be mobilised to provide the amount of eur 3 520 080 in commitment and payment appropriations. article 2 this decision shall enter into force on the day of its publication in the official journal of the european union. it shall apply from 13 september 2017. done at strasbourg, 13 september 2017. for the european parliament the president a. tajani for the council the president m. maasikas (1) oj l 347, 20.12.2013, p. 855. (2) oj c 373, 20.12.2013, p. 1. (3) council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (oj l 347, 20.12.2013, p. 884).
name: decision (eu) 2017/1372 of the european parliament and of the council of 14 july 2017 on the mobilisation of the european globalisation adjustment fund following an application from spain egf/2017/001 es/castilla y le n mining type: decision subject matter: eu finance; europe; employment; regions of eu member states; economic policy; budget; cooperation policy; coal and mining industries date published: 2017-07-25 25.7.2017 en official journal of the european union l 193/2 decision (eu) 2017/1372 of the european parliament and of the council of 14 july 2017 on the mobilisation of the european globalisation adjustment fund following an application from spain egf/2017/001 es/castilla y le n mining the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1309/2013 of the european parliament and of the council of 17 december 2013 on the european globalisation adjustment fund (2014-2020) and repealing regulation (ec) no 1927/2006 (1), and in particular article 15(4) thereof, having regard to the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) aims to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market. (2) the egf is not to exceed a maximum annual amount of eur 150 million (2011 prices), as laid down in article 12 of council regulation (eu, euratom) no 1311/2013 (3). (3) on 20 january 2017 spain submitted an application to mobilise the egf, in respect of redundancies in the economic sector classified under the statistical classification of economic activities in the european community (nace) revision 2 division 5 (mining of coal and lignite) in the region of castilla y le n. it was supplemented by additional information provided in accordance with article 8(3) of regulation (eu) no 1309/2013. that application complies with the requirements for determining a financial contribution from the egf as laid down in article 13 of regulation (eu) no 1309/2013. (4) in accordance with article 6(2) of regulation (eu) no 1309/2013, spain has decided to provide personalised services co-financed by the egf also to 125 young people not in employment, education or training (neets). (5) in accordance with article 4(2) of regulation (eu) no 1309/2013, the application from spain is considered admissible since the redundancies have a serious impact on employment and the local economy. (6) the egf should, therefore, be mobilised in order to provide a financial contribution of eur 1 002 264 in respect of the application submitted by spain. (7) in order to minimise the time taken to mobilise the egf, this decision should apply from the date of its adoption, have adopted this decision: article 1 for the general budget of the union for the financial year 2017, the european globalisation adjustment fund shall be mobilised to provide the amount of eur 1 002 264 in commitment and payment appropriations. article 2 this decision shall enter into force on the day of its publication in the official journal of the european union. it shall apply from 14 july 2017. done at brussels, 14 july 2017. for the european parliament the president a. tajani for the council the president t. t niste (1) oj l 347, 20.12.2013, p. 855. (2) oj c 373, 20.12.2013, p. 1. (3) council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (oj l 347, 20.12.2013, p. 884).
name: decision (eu) 2017/951 of the european parliament and of the council of 17 may 2017 on the mobilisation of the european globalisation adjustment fund following an application from finland egf/2016/008 fi/nokia network systems type: decision subject matter: europe; employment; regions of eu member states; economic policy; cooperation policy; information technology and data processing date published: 2017-06-03 3.6.2017 en official journal of the european union l 143/9 decision (eu) 2017/951 of the european parliament and of the council of 17 may 2017 on the mobilisation of the european globalisation adjustment fund following an application from finland egf/2016/008 fi/nokia network systems the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1309/2013 of the european parliament and of the council of 17 december 2013 on the european globalisation adjustment fund (2014-2020) and repealing regulation (ec) no 1927/2006 (1), and in particular article 15(4) thereof, having regard to the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) aims to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market. (2) the egf is not to exceed a maximum annual amount of eur 150 million (2011 prices), as laid down in article 12 of council regulation (eu, euratom) no 1311/2013 (3). (3) on 22 november 2016 finland submitted an application to mobilise the egf, in respect of redundancies in the economic sector classified under the statistical classification of economic activities in the european community (nace) revision 2 division 26 (manufacture of computer, electronic and optical products) in finland. it was supplemented by additional information provided in accordance with article 8(3) of regulation (eu) no 1309/2013. that application complies with the requirements for determining a financial contribution from the egf as laid down in article 13 of regulation (eu) no 1309/2013. (4) the egf should, therefore, be mobilised in order to provide a financial contribution of eur 2 641 800 in respect of the application submitted by finland. (5) in order to minimise the time taken to mobilise the egf, this decision should apply from the date of its adoption, have adopted this decision: article 1 for the general budget of the union for the financial year 2017, the european globalisation adjustment fund shall be mobilised to provide the amount of eur 2 641 800 in commitment and payment appropriations. article 2 this decision shall enter into force on the day of its publication in the official journal of the european union. it shall apply from 17 may 2017. done at strasbourg, 17 may 2017. for the european parliament the president a. tajani for the council the president c. abela (1) oj l 347, 20.12.2013, p. 855. (2) oj c 373, 20.12.2013, p. 1. (3) council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (oj l 347, 20.12.2013, p. 884).
name: decision (eu) 2017/741 of the european parliament and of the council of 5 april 2017 on the mobilisation of the european union solidarity fund to provide assistance to the united kingdom, cyprus and portugal type: decision subject matter: eu finance; cooperation policy; europe; budget; deterioration of the environment date published: 2017-04-28 28.4.2017 en official journal of the european union l 111/6 decision (eu) 2017/741 of the european parliament and of the council of 5 april 2017 on the mobilisation of the european union solidarity fund to provide assistance to the united kingdom, cyprus and portugal the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to council regulation (ec) no 2012/2002 of 11 november 2002 establishing the european union solidarity fund (1), and in particular article 4(3) thereof, having regard to the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 11 thereof, having regard to the proposal from the european commission, whereas: (1) the european union solidarity fund (the fund) aims to enable the union to respond in a rapid, efficient and flexible manner to emergency situations in order to show solidarity with the population of regions struck by natural disasters. (2) the fund is not to exceed a maximum annual amount of eur 500 000 000 (2011 prices), as laid down in article 10 of council regulation (eu, euratom) no 1311/2013 (3). (3) on 26 february 2016, the united kingdom submitted an application to mobilise the fund, following floods that affected 11 regions during the period of december 2015 to january 2016. in their application the authorities of the united kingdom stressed that the damage assessment was incomplete and that the relevant figures were only provisional. the final application file was completed on 22 september 2016. (4) on 5 september 2016, cyprus submitted an application to mobilise the fund, following the consequences of severe drought built up since october 2015 and wild fires on 18 and 19 of june 2016. (5) on 21 september 2016, portugal submitted an application to mobilise the fund, following wild fires in the island of madeira between 8 and 13 august 2016. (6) the applications by the united kingdom, cyprus and portugal meet the conditions for providing a financial contribution from the fund, as laid down in article 4 of regulation (ec) no 2012/2002. (7) the fund should therefore be mobilised in order to provide a financial contribution to united kingdom, cyprus and portugal. (8) in order to minimise the time taken to mobilise the fund, this decision should apply from the date of its adoption, have adopted this decision: article 1 for the general budget of the union for the financial year 2017, the european union solidarity fund shall be mobilised as follows in commitment and payment appropriations: (a) the amount of eur 60 301 050 shall be provided to the united kingdom; (b) the amount of eur 7 298 760 shall be provided to cyprus; (c) the amount of eur 3 925 000 shall be provided to portugal; article 2 this decision shall enter into force on the day of its publication in the official journal of the european union. it shall apply from 5 april 2017. done at strasbourg, 5 april 2017. for the european parliament the president a. tajani for the council the president i. borg (1) oj l 311, 14.11.2002, p. 3. (2) oj c 373, 20.12.2013, p. 1. (3) council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (oj l 347, 20.12.2013, p. 884).
name: decision (eu) 2017/342 of the european parliament and of the council of 14 december 2016 on the mobilisation of the flexibility instrument to finance immediate budgetary measures to address the on-going migration, refugee and security crisis type: decision subject matter: eu finance; budget; cooperation policy date published: 2017-02-28 28.2.2017 en official journal of the european union l 50/53 decision (eu) 2017/342 of the european parliament and of the council of 14 december 2016 on the mobilisation of the flexibility instrument to finance immediate budgetary measures to address the on-going migration, refugee and security crisis the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (1), and in particular point (12) thereof, having regard to the proposal from the european commission, whereas: (1) the flexibility instrument is intended to allow the financing of clearly identified expenditure which could not be financed within the limits of the ceilings available for one or more other headings. (2) the ceiling on the annual amount available for the flexibility instrument is eur 471 million (2011 prices), as laid down in article 11 of council regulation (eu, euratom) no 1311/2013 (2). (3) due to the urgent needs, it is necessary to mobilise significant additional amounts to finance measures to alleviate the ongoing migration, refugee and security crisis. (4) after having examined all possibilities for re-allocating appropriations under the expenditure ceiling for heading 3 (security and citizenship), it appears necessary to mobilise the flexibility instrument to supplement the financing available in the general budget of the union for the financial year 2017, beyond the ceilings of heading 3 by the amount of eur 530,0 million to finance measures in the field of migration, refugees and security. (5) on the basis of the expected payment profile, the payment appropriations corresponding to the mobilisation of the flexibility instrument should be distributed over several financial years and are estimated at eur 238,3 million in 2017, eur 91,0 million in 2018, eur 141,9 million in 2019 and eur 58,8 million in 2020. (6) in order to minimise the time taken to mobilise the flexibility instrument, this decision should apply from the beginning of the financial year 2017, have adopted this decision: article 1 1. for the general budget of the union for the financial year 2017, the flexibility instrument shall be mobilised to provide the amount of eur 530,0 million in commitment appropriations in heading 3 (security and citizenship). that amount shall be used to finance measures for managing the ongoing migration, refugee and security crisis. 2. on the basis of the expected payment profile, the payment appropriations corresponding to the mobilisation of the flexibility instrument will be as follows: (a) eur 238,3 million in 2017; (b) eur 91,0 million in 2018; (c) eur 141,9 million in 2019; (d) eur 58,8 million in 2020. the specific amounts for each financial year shall be authorised in accordance with the annual budgetary procedure. article 2 this decision shall enter into force on the day of its publication in the official journal of the european union. it shall apply from 1 january 2017. done at strasbourg, 14 december 2016. for the european parliament the president m. schulz for the council the president i. kor ok (1) oj c 373, 20.12.2013, p. 1. (2) council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (oj l 347, 20.12.2013, p. 884).
name: decision (eu) 2016/2099 of the european parliament and of the council of 23 november 2016 on the mobilisation of the european globalisation adjustment fund (following an application from estonia egf/2016/003 ee/petroleum and chemicals) type: decision subject matter: regions of eu member states; employment; economic policy; oil industry; coal and mining industries; europe; chemistry date published: 2016-12-01 1.12.2016 en official journal of the european union l 326/14 decision (eu) 2016/2099 of the european parliament and of the council of 23 november 2016 on the mobilisation of the european globalisation adjustment fund (following an application from estonia egf/2016/003 ee/petroleum and chemicals) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1309/2013 of the european parliament and of the council of 17 december 2013 on the european globalisation adjustment fund (2014-2020) and repealing regulation (ec) no 1927/2006 (1), and in particular article 15(4) thereof, having regard to the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) aims to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market. (2) the egf is not to exceed a maximum annual amount of eur 150 million (2011 prices), as laid down in article 12 of council regulation (eu, euratom) no 1311/2013 (3). (3) on 11 may 2016, estonia submitted an application to mobilise the egf, in respect of redundancies in eesti energia as, nitrofert as and viru keemia grupp as in estonia. it was supplemented by additional information provided in accordance with article 8(3) of regulation (eu) no 1309/2013. that application complies with the requirements for determining a financial contribution from the egf as laid down in article 13 of regulation (eu) no 1309/2013. (4) in accordance with article 4(2) of regulation (eu) no 1309/2013, the application from estonia is considered admissible since the redundancies have a serious impact on employment and the local and regional economy. (5) the egf should, therefore, be mobilised in order to provide a financial contribution of eur 1 131 358 in respect of the application submitted by estonia. (6) in order to minimise the time taken to mobilise the egf, this decision should apply from the date of its adoption, have adopted this decision: article 1 for the general budget of the union for the financial year 2016, the european globalisation adjustment fund shall be mobilised to provide the amount of eur 1 131 358 in commitment and payment appropriations. article 2 this decision shall enter into force on the day of its publication in the official journal of the european union. it shall apply from 23 november 2016. done at strasbourg, 23 november 2016. for the european parliament the president m. schulz for the council the president i. kor ok (1) oj l 347, 20.12.2013, p. 855. (2) oj c 373, 20.12.2013, p. 1. (3) council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (oj l 347, 20.12.2013, p. 884).
name: decision (eu, euratom) 2016/1201 of the european parliament, the council and the commission of 13 july 2016 appointing the members of the supervisory committee of the european anti-fraud office (olaf) type: decision subject matter: eu institutions and european civil service date published: 2016-07-23 23.7.2016 en official journal of the european union l 198/40 decision (eu, euratom) 2016/1201 of the european parliament, the council and the commission of 13 july 2016 appointing the members of the supervisory committee of the european anti-fraud office (olaf) the european parliament, the council and the european commission, having regard to the treaty on the functioning of the european union, having regard to the treaty establishing the european atomic energy community, having regard to regulation (eu, euratom) no 883/2013 of the european parliament and of the council of 11 september 2013 concerning investigations conducted by the european anti-fraud office (olaf) and repealing regulation (ec) no 1073/1999 of the european parliament and of the council and council regulation (euratom) no 1074/1999 (1), and in particular article 15(2) of this regulation. whereas: (1) article 15(2) of regulation (eu, euratom) no 883/2013 provides that the supervisory committee of the european anti-fraud office (olaf) shall be composed of five independent members having experience in senior judicial or investigative functions or comparable functions relating to the areas of activity of the office. they shall be appointed by common accord of the european parliament, the council and the commission. the decision appointing the members of the supervisory committee shall also include a reserve list of potential members to replace members of the supervisory committee for the remainder of their term of office in the event of the resignation, death or permanent incapacity of one or more of those members. (2) according to article 15(3), the term of office of the members of the supervisory committee shall be five years and shall not be renewable. three and two members shall be replaced alternately in order to preserve the supervisory committee's expertise. (3) according to article 21(2), the duties of two members of the supervisory committee, chosen by lot, are to end, by way of derogation from the first sentence of article 15(3), upon the expiry of the first 36 months of their term of office. therefore, the duties of two members appointed with effect from 23 january 2012 ended on 22 january 2015. in accordance with article 15(4) of the regulation (eu, euratom) no 883/2013, these members remained in office after the expiry of their term of office, pending completion of the process of appointment of new members of the supervisory committee. new members should therefore be appointed to replace these two members. (4) following a selection procedure, the european parliament, the council and the commission are satisfied that the persons to be appointed as members and potential members of the supervisory committee fulfil the requirements of independence and experience in senior judicial or investigative functions or comparable functions relating to the areas of activity of the european anti-fraud office (olaf) laid down in article 15(2) of regulation (eu, euratom) no 883/2013, have decided as follows: article 1 1. the following persons are hereby appointed as members of the supervisory committee of the european anti-fraud office (olaf) as from the day of entry into force of this decision: ms colette drinan, ms gra yna maria stronikowska. 2. the following persons are hereby appointed as members of the supervisory committee of the european anti-fraud office (olaf) as from 23 january 2017: ms maria helena pereira loureiro correia fazenda, mr petr klement, mr jan mulder. 3. should any of the above persons resign from the supervisory committee, die or become permanently incapacitated, he or she shall immediately be replaced for the remainder of the term of office by the first named person on the following list who has not yet replaced a member of the supervisory committee: mr rafael mu oz l pez-carmona, ms anca jurma, ms dobrinka mihaylova, mr gerhard jarosch, ms kalliopi theologitou, mr antonio balsamo, mr angelo maria quaglini. article 2 in carrying out their duties, the members of the supervisory committee shall neither seek nor take instructions from any government or any institution, body, office or agency. they shall not deal with a matter in which, directly or indirectly, they have any personal interest such as to impair their independence, and, in particular, family and financial interests. the members of the supervisory committee shall be bound by an obligation of professional secrecy in the exercise of their functions, and shall continue to be bound by that obligation after the end of their mandate. article 3 members of the supervisory committee shall be reimbursed for expenses they may incur in the course of their duties, and shall receive a daily payment for each day spent on those duties. the amount of that payment and the procedure for reimbursement shall be determined by the commission. article 4 the commission shall inform the above persons of this decision, and shall immediately inform any person replacing a member of the supervisory committee pursuant to article 1(3). article 5 the decision shall enter into force on 13 july 2016. done at brussels, 13 july 2016. for the european parliament the president martin schulz for the council the president peter ka im r for the commission vice-president kristalina georgieva (1) oj l 248, 18.9.2013, p. 1.
name: decision (eu) 2016/1112 of the european parliament and of the council of 6 july 2016 providing further macro-financial assistance to tunisia type: decision subject matter: economic analysis; executive power and public service; economic structure; economic conditions; cooperation policy; africa; economic policy date published: 2016-07-09 9.7.2016 en official journal of the european union l 186/1 decision (eu) 2016/1112 of the european parliament and of the council of 6 july 2016 providing further macro-financial assistance to tunisia the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 212(2) thereof, having regard to the proposal from the european commission, after transmission of the draft legislative act to the national parliaments, acting in accordance with the ordinary legislative procedure (1), whereas: (1) relations between the european union (the union) and the republic of tunisia (tunisia) are developing within the framework of the european neighbourhood policy (enp). tunisia was the first mediterranean country to sign an association agreement (2) with the union on 17 july 1995, which came into force on 1 march 1998. under that agreement, tunisia finalised dismantling tariffs for industrial products in 2008, thus making tunisia the first mediterranean country to enter into a free trade area with the union. bilateral political dialogue and economic cooperation have been further developed within the framework of enp action plans, of which the most recent covers the period 2013-2017. (2) following the revolution and the ousting of president ben ali on 14 january 2011, tunisia's first free and democratic elections took place on 23 october 2011. a new constitution was adopted in january 2014, and parliamentary and presidential elections took place in the fourth quarter of 2014, with concerted efforts by the main political actors to proceed with reforms towards a fully-fledged democratic system. (3) in parallel with this political transition process, the tunisian economy has suffered from continuous domestic unrest, regional instability (including the impact of the libyan conflict) and a weak international environment (particularly in the union, tunisia's main trading partner). those unfavourable developments have substantially weakened its growth performance, as well as its fiscal and balance of payments positions. (4) since 2011, following the political changes in tunisia, the union has expressed its unequivocal commitment to supporting tunisia in its economic and political reform process. it has increased its financial support to tunisia, strengthening its cooperation in many fields, including civil society, the electoral system, security, regional development and social and economic reforms. in addition, it has offered the possibility of concluding a deep and comprehensive free trade area agreement, the negotiations of which were launched in october 2014. (5) in this difficult economic and financial context, the tunisian authorities and the international monetary fund (imf) agreed, in april 2013, on a non-precautionary three-year stand-by arrangement of sdr 1 146 million (special drawing rights) in support of tunisia's economic adjustment and reform programme, which was subsequently extended until the end of 2015. in total, usd 1 500 million has been drawn under the imf programme following six completed programme reviews. (6) in august 2013, tunisia requested complementary macro-financial assistance from the union. in response, a decision providing macro-financial assistance of eur 300 million in the form of loans was adopted in may 2014 (mfa-i) (3). the memorandum of understanding defining the policy conditions related to mfa-i entered into force on 4 march 2015. following implementation of the agreed policy measures, the first tranche of mfa-i was disbursed on 7 may 2015 and the second tranche was disbursed on 1 december 2015. (7) the union made eur 524 million available in grants for the period 2011-2015 under its regular cooperation programme in support of tunisia's economic and political reform agenda. in addition, eur 155 million was allocated to tunisia in 2011-2013 under the support for partnership, reforms and inclusive growth (spring) programme and eur 122 million was allocated in 2014-2015 under the umbrella programme. moreover, the european investment bank has provided loans in the amount of eur 1 338 million since 2011. (8) in 2015, tunisia's economy was significantly affected by several terrorist attacks which targeted key economic industries, such as tourism and transport, and aimed to disrupt the consolidation of its political transition. those attacks have had a negative impact on the economic recovery tunisia was beginning to experience. together with persistent regional instability (including the reactivation of the libyan conflict), and the still weak european and global economic environment, those events have exacerbated tunisia's already weak balance of payments and fiscal positions. this has resulted in significant external and budgetary financial gaps. (9) in this challenging context, the union has reaffirmed its commitment to supporting tunisia in its economic and political reform process. in particular, this commitment was expressed in the conclusions of the meeting of the association council between the union and tunisia in march 2015, as well as following the june 2015 terrorist attack near sousse, in the council conclusions of 20 july 2015. political and economic support from the union for tunisia's reform process is consistent with the union's policy towards the southern mediterranean region, as set out in the context of the enp. (10) following the deterioration in tunisia's economic and financial situation, the imf and tunisia have started discussions on a successor arrangement of a larger amount, which could take the form of an extended financing facility (imf programme) and would likely cover a period of four years, starting in the spring of 2016. the new imf programme would aim to alleviate tunisia's short-term balance of payment difficulties while encouraging the implementation of strong adjustment measures. (11) in august 2015, in view of the worsening economic situation and outlook, tunisia requested additional macro-financial assistance from the union. (12) given that tunisia is a country covered by the enp, it should be considered to be eligible to receive macro-financial assistance from the union. (13) the union's macro-financial assistance should be an exceptional financial instrument of untied and undesignated balance-of-payments support, which aims to address the beneficiary's immediate external financing needs and should underpin the implementation of a policy programme containing strong immediate adjustment and structural reform measures designed to improve the balance-of-payments position in the short term. (14) given that there is still a significant residual external financing gap in tunisia's balance of payments over and above the resources provided by the imf and other multilateral institutions, the union's macro-financial assistance to be provided to tunisia is, in the current exceptional circumstances, considered to be an appropriate response to tunisia's request to support economic stabilisation, in conjunction with the imf programme. the union's macro-financial assistance would support the economic stabilisation and the structural reform agenda of tunisia, supplementing resources made available under the imf's financial arrangement. (15) the union's macro-financial assistance should aim to support the restoration of a sustainable external financing situation for tunisia thereby supporting its economic and social development. (16) the determination of the amount of the union's macro-financial assistance is based on a complete quantitative assessment of tunisia's residual external financing needs, and takes into account its capacity to finance itself with its own resources, in particular the international reserves at its disposal. the union's macro-financial assistance should complement the programmes and resources provided by the imf and the world bank. the determination of the amount of the assistance also takes into account expected financial contributions from multilateral donors and the need to ensure fair burden sharing between the union and other donors, as well as the pre-existing deployment of the union's other external financing instruments in tunisia and the added value of the overall union involvement. (17) the commission should ensure that the union's macro-financial assistance is legally and substantially in line with the key principles, objectives and measures taken within the different areas of external action and other relevant union policies. (18) the union's macro-financial assistance should support the union's external policy towards tunisia. commission services and the european external action service should work closely together throughout the macro-financial assistance operation in order to coordinate, and to ensure the consistency of, union external policy. (19) the union's macro-financial assistance should support tunisia's commitment to values shared with the union, including democracy, the rule of law, good governance, respect for human rights, sustainable development and poverty reduction, as well as its commitment to the principles of open, rule-based and fair trade. (20) a pre-condition for granting the union's macro-financial assistance should be that tunisia respects effective democratic mechanisms, including a multi-party parliamentary system, and the rule of law, and guarantees respect for human rights. in addition, the specific objectives of the union's macro-financial assistance should strengthen the efficiency, transparency and accountability of the public finance management systems in tunisia and should promote structural reforms aimed at supporting sustainable and inclusive growth, employment creation and fiscal consolidation. both the fulfilment of the preconditions and the achievement of those objectives should be regularly monitored by the commission and the european external action service. (21) in order to ensure that the union's financial interests linked to the union's macro-financial assistance are protected efficiently, tunisia should take appropriate measures relating to the prevention of, and fight against, fraud, corruption and any other irregularities linked to the assistance. in addition, provision should be made for the commission to carry out checks and for the court of auditors to carry out audits. (22) release of the union's macro-financial assistance is without prejudice to the powers of the european parliament and of the council, as budgetary authority. (23) the amounts of the provision required for macro-financial assistance should be consistent with the budgetary appropriations provided for in the multi-annual financial framework. (24) the union's macro-financial assistance should be managed by the commission. in order to ensure that the european parliament and the council are able to follow the implementation of this decision, the commission should regularly inform them of developments relating to the assistance and provide them with relevant documents. (25) in order to ensure uniform conditions for the implementation of this decision, implementing powers should be conferred on the commission. those powers should be exercised in accordance with regulation (eu) no 182/2011 of the european parliament and of the council (4). (26) the union's macro-financial assistance should be subject to economic policy conditions, to be laid down in a memorandum of understanding. in order to ensure uniform conditions of implementation and for reasons of efficiency, the commission should be empowered to negotiate such conditions with the tunisian authorities under the supervision of the committee of representatives of the member states in accordance with regulation (eu) no 182/2011. under that regulation, the advisory procedure should, as a general rule, apply in all cases other than as provided for in that regulation. considering the potentially important impact of assistance of more than eur 90 million, it is appropriate that the examination procedure be used for operations above that threshold. considering the amount of the union's macro-financial assistance to tunisia, the examination procedure should apply to the adoption of the memorandum of understanding, and to any reduction, suspension or cancellation of the assistance, have adopted this decision: article 1 1. the union shall make macro-financial assistance of a maximum amount of eur 500 million available to tunisia (the union's macro-financial assistance), with a view to supporting tunisia's economic stabilisation and a substantive reform agenda. the assistance shall contribute to covering tunisia's balance of payments needs as identified in the imf programme. 2. the full amount of the union's macro-financial assistance shall be provided to tunisia in the form of loans. the commission shall be empowered, on behalf of the union, to borrow the necessary funds on the capital markets or from financial institutions and to on-lend them to tunisia. the loans shall have a maximum average maturity of 15 years. 3. the release of the union's macro-financial assistance shall be managed by the commission in a manner consistent with the agreements or understandings reached between the imf and tunisia, and with the key principles and objectives of economic reforms set out in the eu-tunisia association agreement. the commission shall regularly inform the european parliament and the council of developments regarding the union's macro-financial assistance, including disbursements thereof, and shall provide those institutions with the relevant documents in due time. 4. the union's macro-financial assistance shall be made available for a period of two and a half years, starting from the first day after the entry into force of the memorandum of understanding referred to in article 3(1). 5. if the financing needs of tunisia decrease fundamentally during the period of the disbursement of the union's macro-financial assistance compared to the initial projections, the commission, acting in accordance with the examination procedure referred to in article 7(2), shall reduce the amount of the assistance or suspend or cancel it. article 2 1. a pre-condition for granting the union's macro-financial assistance shall be that tunisia respects effective democratic mechanisms, including a multi-party parliamentary system, and the rule of law, and guarantees respect for human rights. 2. the commission and the european external action service shall monitor the fulfilment of the pre-condition set out in paragraph 1 throughout the life-cycle of the union's macro-financial assistance. 3. paragraphs 1 and 2 shall be applied in accordance with council decision 2010/427/eu (5). article 3 1. the commission, in accordance with the examination procedure referred to in article 7(2), shall agree with the tunisian authorities on clearly defined economic policy and financial conditions, focusing on structural reforms and sound public finances, to which the union's macro-financial assistance is to be subject, to be laid down in a memorandum of understanding (the memorandum of understanding). the economic policy and financial conditions set out in the memorandum of understanding shall be consistent with the agreements or understandings referred to in article 1(3), including the macroeconomic adjustment and structural reform programmes implemented by tunisia with the support of the imf. 2. the conditions referred to in paragraph 1 shall aim, in particular, at enhancing the efficiency, transparency and accountability of the public finance management systems in tunisia, including for the use of the union's macro-financial assistance. progress in mutual market opening, the development of rules-based and fair trade and other priorities in the context of the union's external policy shall also be duly taken into account when designing the policy measures. progress in attaining those objectives shall be regularly monitored by the commission. 3. the detailed financial terms of the union's macro-financial assistance shall be laid down in a loan agreement to be concluded between the commission and the tunisian authorities. 4. the commission shall verify at regular intervals that the conditions referred to in article 4(3) continue to be met, including whether the economic policies of tunisia are in accordance with the objectives of the union's macro-financial assistance. in so doing, the commission shall coordinate closely with the imf and the world bank, and, where necessary, with the european parliament and the council. article 4 1. subject to the conditions in paragraph 3, the union's macro-financial assistance shall be made available by the commission in three loan instalments. the size of each instalment shall be laid down in the memorandum of understanding. 2. the amounts of the union's macro-financial assistance shall be provisioned, where required, in accordance with council regulation (ec, euratom) no 480/2009 (6). 3. the commission shall decide on the release of the instalments subject to the fulfilment of all of the following conditions: (a) the pre-condition set out in article 2; (b) a continuous satisfactory track record of implementing a policy programme that contains strong adjustment and structural reform measures supported by a non-precautionary imf credit arrangement; and (c) the satisfactory implementation of the economic policy and financial conditions agreed in the memorandum of understanding. the release of the second instalment shall not, in principle, take place earlier than three months after the release of the first instalment. the release of the third instalment shall not, in principle, take place earlier than three months after the release of the second instalment. 4. where the conditions in the first subparagraph of paragraph 3 are continuously not met, the commission shall temporarily suspend or cancel the disbursement of the union's macro-financial assistance. in such cases, it shall inform the european parliament and the council of the reasons for that suspension or cancellation. 5. the union's macro-financial assistance shall be disbursed to the central bank of tunisia. subject to the provisions to be agreed in the memorandum of understanding, including a confirmation of residual budgetary financing needs, the union funds may be transferred to the tunisian ministry of finance as the final beneficiary. article 5 1. the borrowing and lending operations related to the union's macro-financial assistance shall be carried out in euro using the same value date and shall not involve the union in the transformation of maturities, or expose it to any exchange or interest rate risk, or to any other commercial risk. 2. where the circumstances permit, and if tunisia so requests, the commission may take the steps necessary to ensure that an early repayment clause is included in the loan terms and conditions and that it is matched by a corresponding clause in the terms and conditions of the borrowing operations. 3. where circumstances permit an improvement of the interest rate of the loan and if tunisia so requests, the commission may decide to refinance all or part of its initial borrowings or may restructure the corresponding financial conditions. refinancing or restructuring operations shall be carried out in accordance with paragraphs 1 and 4 and shall not have the effect of extending the maturity of the borrowings concerned or of increasing the amount of capital outstanding at the date of the refinancing or restructuring. 4. all costs incurred by the union which relate to the borrowing and lending operations under this decision shall be borne by tunisia. 5. the commission shall inform the european parliament and the council of developments in the operations referred to in paragraphs 2 and 3. article 6 1. the union's macro-financial assistance shall be implemented in accordance with regulation (eu, euratom) no 966/2012 of the european parliament and of the council (7) and commission delegated regulation (eu) no 1268/2012 (8). 2. the implementation of the union's macro-financial assistance shall be under direct management. 3. the loan agreement referred to in article 3(3) shall contain provisions: (a) ensuring that tunisia regularly checks that financing provided from the budget of the union has been properly used, takes appropriate measures to prevent irregularities and fraud, and, if necessary, takes legal action to recover any funds provided under this decision that have been misappropriated; (b) ensuring the protection of the union's financial interests, in particular providing for specific measures in relation to the prevention of, and fight against, fraud, corruption and any other irregularities affecting the union's macro-financial assistance, in accordance with council regulation (ec, euratom) no 2988/95 (9), council regulation (euratom, ec) no 2185/96 (10) and regulation (eu, euratom) no 883/2013 of the european parliament and of the council (11); (c) expressly authorising the commission, including the european anti-fraud office, or its representatives to carry out checks, including on-the-spot checks and inspections; (d) expressly authorising the commission and the court of auditors to perform audits during and after the availability period of the union's macro-financial assistance, including document audits and on-the-spot audits, such as operational assessments; (e) ensuring that the union is entitled to early repayment of the loan where it has been established that, in relation to the management of the union's macro-financial assistance, tunisia has engaged in any act of fraud or corruption or any other illegal activity detrimental to the financial interests of the union. 4. before the implementation of the union's macro-financial assistance, the commission shall assess, by means of an operational assessment, the soundness of tunisia's financial arrangements, the administrative procedures, and the internal and external control mechanisms which are relevant to the assistance. article 7 1. the commission shall be assisted by a committee. that committee shall be a committee within the meaning of regulation (eu) no 182/2011. 2. where reference is made to this paragraph, article 5 of regulation (eu) no 182/2011 shall apply. article 8 1. by 30 june of each year, the commission shall submit to the european parliament and to the council a report on the implementation of this decision in the preceding year, including an evaluation of that implementation. the report shall: (a) examine the progress made in implementing the union's macro-financial assistance; (b) assess the economic situation and prospects of tunisia, as well as progress made in implementing the policy measures referred to in article 3(1); (c) indicate the connection between the economic policy conditions laid down in the memorandum of understanding, tunisia's ongoing economic and fiscal performance and the commission's decisions to release the instalments of the union's macro-financial assistance. 2. not later than two years after the expiry of the availability period referred to in article 1(4), the commission shall submit to the european parliament and to the council an ex-post evaluation report, assessing the results and efficiency of the completed union's macro-financial assistance and the extent to which it has contributed to the aims of the assistance. article 9 this decision shall enter into force on the third day following that of its publication in the official journal of the european union. done at strasbourg, 6 july 2016. for the european parliament the president m. schulz for the council the president i. kor ok (1) position of the european parliament of 8 june 2016 (not yet published in the official journal) and decision of the council of 24 june 2016. (2) euro-mediterranean agreement establishing an association between the european communities and their member states, of the one part, and the republic of tunisia, of the other part (oj l 278, 21.10.2005, p. 9). (3) decision no 534/2014/eu of 15 may 2014 of the european parliament and of the council providing macro-financial assistance to the republic of tunisia (oj l 151, 21.5.2014, p. 9). (4) regulation (eu) no 182/2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission's exercise of implementing powers (oj l 55, 28.2.2011, p. 13). (5) council decision 2010/427/eu of 26 july 2010 establishing the organisation and functioning of the european external action service (oj l 201, 3.8.2010, p. 30). (6) council regulation (ec, euratom) no 480/2009 of 25 may 2009 establishing a guarantee fund for external actions (oj l 145, 10.6.2009, p. 10). (7) regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (oj l 298, 26.10.2012, p. 1). (8) commission delegated regulation (eu) no 1268/2012 of 29 october 2012 on the rules of application of regulation (eu, euratom) no 966/2012 on the financial rules applicable to the general budget of the union (oj l 362, 31.12.2012, p. 1). (9) council regulation (ec, euratom) no 2988/95 of 18 december 1995 on the protection of the european communities financial interests (oj l 312, 23.12.1995, p. 1). (10) council regulation (euratom, ec) no 2185/96 of 11 november 1996 concerning on-the-spot checks and inspections carried out by the commission to protect the communities' financial interests against fraud and other irregularities (oj l 292, 15.11.1996, p. 2). (11) regulation (eu, euratom) no 883/2013 of the european parliament and of the council of 11 september 2013 concerning investigations conducted by the european anti-fraud office (olaf) and repealing regulation (ec) no 1073/1999 of the european parliament and of the council and council regulation (euratom) no 1074/1999 (oj l 248, 18.9.2013, p. 1). joint statement by the european parliament and the council this decision is adopted without prejudice to the joint declaration adopted together with decision 778/2013/eu of the european parliament and of the council providing further macro-financial assistance to georgia, which is to continue to be regarded as the basis for all decisions of the european parliament and council providing macro-financial assistance to third countries and territories.
name: decision (eu) 2016/990 of the european parliament and of the council of 8 june 2016 on the mobilisation of the european globalisation adjustment fund (application from greece egf/2015/011 gr/supermarket larissa) type: decision subject matter: regions of eu member states; employment; europe; budget; economic policy; distributive trades; cooperation policy date published: 2016-06-21 21.6.2016 en official journal of the european union l 162/12 decision (eu) 2016/990 of the european parliament and of the council of 8 june 2016 on the mobilisation of the european globalisation adjustment fund (application from greece egf/2015/011 gr/supermarket larissa) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1309/2013 of the european parliament and of the council of 17 december 2013 on the european globalisation adjustment fund (2014-2020) and repealing regulation (ec) no 1927/2006 (1), and in particular article 15(4) thereof, having regard to the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) aims to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market. (2) the egf is not to exceed a maximum annual amount of eur 150 million (2011 prices), as laid down in article 12 of council regulation (eu, euratom) no 1311/2013 (3). (3) on 26 november 2015, greece submitted an application egf/2015/011 gr/supermarket larissa for a financial contribution from the egf, following redundancies in supermarket larissa abee in greece. it was supplemented by additional information provided in accordance with article 8(3) of regulation (eu) no 1309/2013. that application complies with the requirements for determining a financial contribution from the egf as laid down in article 13 of regulation (eu) no 1309/2013. (4) in accordance with article 6(2) of regulation (eu) no 1309/2013, greece has decided to provide personalised services co-financed by the egf also to 543 young persons not in employment, education or training (neets). (5) the egf should, therefore, be mobilised in order to provide a financial contribution of eur 6 468 000 in respect of the application submitted by greece. (6) in order to minimise the time taken to mobilise the egf, this decision should apply from the date of its adoption, have adopted this decision: article 1 for the general budget of the european union for the financial year 2016, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 6 468 000 in commitment and payment appropriations. article 2 this decision shall enter into force on the day of its publication in the official journal of the european union. it shall apply from 8 june 2016. done at strasbourg, 8 june 2016. for the european parliament the president m. schulz for the council the president a.g. koenders (1) oj l 347, 20.12.2013, p. 855. (2) oj c 373, 20.12.2013, p. 1. (3) council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (oj l 347, 20.12.2013, p. 884).
name: decision (eu) 2016/618 of the european parliament and of the council of 13 april 2016 on the mobilisation of the european globalisation adjustment fund (application from sweden egf/2015/009 se/volvo trucks) type: decision subject matter: budget; employment; europe; eu finance; mechanical engineering; regions of eu member states date published: 2016-04-21 21.4.2016 en official journal of the european union l 105/20 decision (eu) 2016/618 of the european parliament and of the council of 13 april 2016 on the mobilisation of the european globalisation adjustment fund (application from sweden egf/2015/009 se/volvo trucks) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1309/2013 of the european parliament and of the council of 17 december 2013 on the european globalisation adjustment fund (2014-2020) and repealing regulation (ec) no 1927/2006 (1), and in particular article 15(4) thereof, having regard to the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) aims to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market. (2) the egf is not to exceed a maximum annual amount of eur 150 million (2011 prices), as laid down in article 12 of council regulation (eu, euratom) no 1311/2013 (3). (3) on 16 september 2015, sweden submitted an application egf/2015/009 se/volvo trucks for a financial contribution from the egf, following redundancies in volvo trucks (volvo group truck operation, emea) and four suppliers and downstream producers in sweden. it was supplemented by additional information provided in accordance with article 8(3) of regulation (eu) no 1309/2013. the application complies with the requirements for determining a financial contribution from the egf as laid down in article 13 of regulation (eu) no 1309/2013. (4) the egf should, therefore, be mobilised in order to provide a financial contribution of eur 1 793 710 in respect of the application submitted by sweden. (5) in order to minimise the time taken to mobilise the egf, this decision should apply from the date of its adoption, have adopted this decision: article 1 for the general budget of the european union for the financial year 2016, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 1 793 710 in commitment and payment appropriations. article 2 this decision shall enter into force on the day of its publication in the official journal of the european union. it shall apply from 13 april 2016. done at strasbourg, 13 april 2016. for the european parliament the president m. schulz for the council the president j.a. hennis-plasschaert (1) oj l 347, 20.12.2013, p. 855. (2) oj c 373, 20.12.2013, p. 1. (3) council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (oj l 347, 20.12.2013, p. 884).
name: decision (eu) 2016/407 of the european parliament and of the council of 9 march 2016 on the mobilisation of the european globalisation adjustment fund (application from belgium egf/2015/007 be/hainaut-namur glass) type: decision subject matter: regions of eu member states; employment; chemistry; economic policy; budget; europe; cooperation policy date published: 2016-03-19 19.3.2016 en official journal of the european union l 74/34 decision (eu) 2016/407 of the european parliament and of the council of 9 march 2016 on the mobilisation of the european globalisation adjustment fund (application from belgium egf/2015/007 be/hainaut-namur glass) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1309/2013 of the european parliament and of the council of 17 december 2013 on the european globalisation adjustment fund (2014-2020) and repealing regulation (ec) no 1927/2006 (1), and in particular article 15(4) thereof, having regard to the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) aims to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market. (2) the egf is not to exceed a maximum annual amount of eur 150 million (2011 prices), as laid down in article 12 of council regulation (eu, euratom) no 1311/2013 (3). (3) on 19 august 2015, belgium submitted an application to mobilise the egf in respect of redundancies and cessations of activities in the economic sector classified under the nace revision 2 division 23 (manufacture of other non-metallic mineral products) in the nuts level 2 regions of hainaut (b32) and namur (b35) in belgium. it was supplemented by additional information provided in accordance with article 8(3) of regulation (eu) no 1309/2013. that application complies with the requirements for determining a financial contribution from the egf as laid down in article 13 of regulation (eu) no 1309/2013. (4) in accordance with article 6(2) of regulation (eu) no 1309/2013, belgium has decided to provide personalised services co-financed by the egf also to 100 young people not in employment, education or training (neets). (5) in accordance with article 4(2) of regulation (eu) no 1309/2013, the application from belgium is considered admissible since the redundancies have a serious impact on employment and the local, regional and national economy. (6) the egf should, therefore, be mobilised in order to provide a financial contribution of eur 1 095 544 in respect of the application submitted by belgium. (7) in order to minimise the time taken to mobilise the egf, this decision should apply from the date of its adoption, have adopted this decision: article 1 for the general budget of the european union for the financial year 2016, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 1 095 544 in commitment and payment appropriations. article 2 this decision shall enter into force on the day of its publication in the official journal of the european union. it shall apply from 9 march 2016. done at strasbourg, 9 march 2016. for the european parliament the president m. schulz for the council the president j.a. hennis-plasschaert (1) oj l 347, 20.12.2013, p. 855. (2) oj c 373, 20.12.2013, p. 1. (3) council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (oj l 347, 20.12.2013, p. 884).
name: decision (eu) 2015/1869 of the european parliament and of the council of 6 october 2015 on the mobilisation of the european globalisation adjustment fund (application from belgium egf/2015/003 be/ford genk) type: decision subject matter: mechanical engineering; employment; economic conditions; cooperation policy; europe; economic policy; regions of eu member states; eu finance date published: 2015-10-20 20.10.2015 en official journal of the european union l 275/24 decision (eu) 2015/1869 of the european parliament and of the council of 6 october 2015 on the mobilisation of the european globalisation adjustment fund (application from belgium egf/2015/003 be/ford genk) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1309/2013 of the european parliament and of the council of 17 december 2013 on the european globalisation adjustment fund (2014-2020) and repealing regulation (ec) no 1927/2006 (1), and in particular article 15(4) thereof, having regard to the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) aims to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market. (2) the egf is not to exceed a maximum annual amount of eur 150 million (2011 prices), as laid down in article 12 of council regulation (eu, euratom) no 1311/2013 (3). (3) on 24 march 2015, belgium submitted application egf/2015/003 be/ford genk for a financial contribution from the egf, following redundancies and cessations of activities (hereafter referred to as redundancies) in ford genk and 11 suppliers and downstream producers. it was supplemented by additional information in accordance with article 8(3) of regulation (eu) no 1309/2013. that application complies with the requirements for determining a financial contribution from the egf as laid down in article 13 of regulation (eu) no 1309/2013. (4) the egf should, therefore, be mobilised in order to provide a financial contribution of eur 6 268 564 in respect of the application submitted by belgium. (5) in order to minimise the time taken to mobilise the egf, this decision should apply from the date of its adoption, have adopted this decision: article 1 for the general budget of the european union for the financial year 2015, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 6 268 564 in commitment and payment appropriations. article 2 this decision shall enter into force on the day of its publication in the official journal of the european union. it shall apply from 6 october 2015. done at strasbourg, 6 october 2015. for the european parliament the president m. schulz for the council the president n. schmit (1) oj l 347, 20.12.2013, p. 855. (2) oj c 373, 20.12.2013, p. 1. (3) council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (oj l 347, 20.12.2013, p. 884).
name: decision (eu) 2015/643 of the european parliament and of the council of 15 april 2015 on the mobilisation of the european globalisation adjustment fund (application egf/2014/016 ie/lufthansa technik from ireland) type: decision subject matter: europe; budget; employment; eu finance; mechanical engineering; cooperation policy; economic conditions; economic analysis; economic policy date published: 2015-04-24 24.4.2015 en official journal of the european union l 106/27 decision (eu) 2015/643 of the european parliament and of the council of 15 april 2015 on the mobilisation of the european globalisation adjustment fund (application egf/2014/016 ie/lufthansa technik from ireland) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1309/2013 of the european parliament and of the council of 17 december 2013 on the european globalisation adjustment fund (2014-2020) and repealing regulation (ec) no 1927/2006 (1), and in particular article 15(4) thereof, having regard to the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis addressed in regulation (ec) no 546/2009 of the european parliament and of the council (3), or as a result of a new global financial and economic crisis and to assist them with their reintegration into the labour market. (2) article 12 of council regulation (eu, euratom) no 1311/2013 (4) allows the mobilisation of the egf within a maximum annual amount of eur 150 million (2011 prices). (3) ireland submitted an application to mobilise the egf, in respect of redundancies in lufthansa technik airmotive ireland ltd and two suppliers in ireland, on 19 september 2014 and supplemented it by additional information as provided by article 8(3) of regulation (eu) no 1309/2013. this application complies with the requirements for determining a financial contribution from the egf as laid down in article 13 of regulation (eu) no 1309/2013. (4) the egf should, therefore, be mobilised in order to provide a financial contribution of an amount of eur 2 490 758 for the application submitted by ireland, have adopted this decision: article 1 for the general budget of the european union for the financial year 2015, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 2 490 758 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at brussels, 15 april 2015. for the european parliament the president m. schulz for the council the president z. kalni a-luka evica (1) oj l 347, 20.12.2013, p. 855. (2) oj c 373, 20.12.2013, p. 1. (3) regulation (ec) no 546/2009 of the european parliament and of the council of 18 june 2009 amending regulation (ec) no 1927/2006 on establishing the european globalisation adjustment fund (oj l 167, 29.6.2009, p. 26). (4) council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (oj l 347, 20.12.2013, p. 884).
name: decision (eu) 2015/471 of the european parliament and of the council of 11 march 2015 on the mobilisation of the european globalisation adjustment fund (application egf/2014/011 be/caterpillar, from belgium) type: decision subject matter: budget; economic policy; europe; cooperation policy; economic conditions; employment; eu finance; mechanical engineering date published: 2015-03-20 20.3.2015 en official journal of the european union l 76/58 decision (eu) 2015/471 of the european parliament and of the council of 11 march 2015 on the mobilisation of the european globalisation adjustment fund (application egf/2014/011 be/caterpillar, from belgium) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1309/2013 of the european parliament and of the council of 17 december 2013 on the european globalisation adjustment fund (2014-2020) and repealing regulation (ec) no 1927/2006 (1), and in particular article 15(4) thereof, having regard to the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis addressed in regulation (ec) no 546/2009 of the european parliament and of the council (3), or as a result of a new global financial and economic crisis and to assist them with their reintegration into the labour market. (2) article 12 of council regulation (eu, euratom) no 1311/2013 (4) allows the mobilisation of the egf within a maximum annual amount of eur 150 million (2011 prices). (3) belgium submitted an application to mobilise the egf, in respect of redundancies in caterpillar belgium s.a. in belgium on 22 july 2014 and supplemented it by additional information as provided by article 8(3) of regulation (eu) no 1309/2013. this application complies with the requirements for determining a financial contribution from the egf as laid down in article 13 of regulation (eu) no 1309/2013. (4) the egf should therefore be mobilised in order to provide a financial contribution of an amount of eur 1 222 854 for the application submitted by belgium, have adopted this decision: article 1 for the general budget of the european union for the financial year 2015, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 1 222 854 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 11 march 2015. for the european parliament the president m. schulz for the council the president z. kalni a-luka evica (1) oj l 347, 20.12.2013, p. 855. (2) oj c 373, 20.12.2013, p. 1. (3) regulation (ec) no 546/2009 of the european parliament and of the council of 18 june 2009 amending regulation (ec) no 1927/2006 on establishing the european globalisation adjustment fund (oj l 167, 29.6.2009, p. 26). (4) council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (oj l 347, 20.12.2013, p. 884).
name: decision (eu) 2015/473 of the european parliament and of the council of 11 march 2015 on the mobilisation of the european globalisation adjustment fund (application egf/2014/014 de/aleo solar, from germany) type: decision subject matter: budget; employment; europe; eu finance; economic conditions; cooperation policy; economic policy; soft energy date published: 2015-03-20 20.3.2015 en official journal of the european union l 76/62 decision (eu) 2015/473 of the european parliament and of the council of 11 march 2015 on the mobilisation of the european globalisation adjustment fund (application egf/2014/014 de/aleo solar, from germany) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1309/2013 of the european parliament and of the council of 17 december 2013 on the european globalisation adjustment fund (2014-2020) and repealing regulation (ec) no 1927/2006 (1), and in particular article 15(4) thereof, having regard to the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis addressed in regulation (ec) no 546/2009 of the european parliament and of the council (3), or as a result of a new global financial and economic crisis and to assist them with their reintegration into the labour market. (2) article 12 of council regulation (eu, euratom) no 1311/2013 (4) allows the mobilisation of the egf within a maximum annual amount of eur 150 million (2011 prices). (3) germany submitted an application to mobilise the egf, in respect of redundancies in aleo solar ag and two of its subsidiaries in germany, on 29 july 2014 and supplemented it by additional information as provided by article 8(3) of regulation (eu) no 1309/2013. this application complies with the requirements for determining a financial contribution from the egf as laid down in article 13 of regulation (eu) no 1309/2013. (4) the egf should therefore be mobilised in order to provide a financial contribution of an amount of eur 1 094 760 for the application submitted by germany, have adopted this decision: article 1 for the general budget of the european union for the financial year 2015, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 1 094 760 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 11 march 2015. for the european parliament the president m. schulz for the council the president z. kalni a-luka evica (1) oj l 347, 20.12.2013, p. 855. (2) oj c 373, 20.12.2013, p. 1. (3) regulation (ec) no 546/2009 of the european parliament and of the council of 18 june 2009 amending regulation (ec) no 1927/2006 on establishing the european globalisation adjustment fund (oj l 167, 29.6.2009, p. 26). (4) council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (oj l 347, 20.12.2013, p. 884).
name: decision (eu) 2015/472 of the european parliament and of the council of 11 march 2015 on the mobilisation of the european globalisation adjustment fund (application egf/2014/012 be/arcelormittal, from belgium) type: decision subject matter: budget; economic policy; europe; cooperation policy; economic conditions; iron, steel and other metal industries; employment; eu finance date published: 2015-03-20 20.3.2015 en official journal of the european union l 76/60 decision (eu) 2015/472 of the european parliament and of the council of 11 march 2015 on the mobilisation of the european globalisation adjustment fund (application egf/2014/012 be/arcelormittal, from belgium) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1309/2013 of the european parliament and of the council of 17 december 2013 on the european globalisation adjustment fund (2014-2020) and repealing regulation (ec) no 1927/2006 (1), and in particular article 15(4) thereof, having regard to the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis addressed in regulation (ec) no 546/2009 of the european parliament and of the council (3), or as a result of a new global financial and economic crisis and to assist them with their reintegration into the labour market. (2) article 12 of council regulation (eu, euratom) no 1311/2013 (4) allows the mobilisation of the egf within a maximum annual amount of eur 150 million (2011 prices). (3) belgium submitted an application to mobilise the egf, in respect of redundancies in arcelormittal li ge s.a. in belgium on 22 july 2014 and supplemented it by additional information as provided by article 8(3) of regulation (eu) no 1309/2013. this application complies with the requirements for determining a financial contribution from the egf as laid down in article 13 of regulation (eu) no 1309/2013. (4) the egf should therefore be mobilised in order to provide a financial contribution of an amount of eur 1 591 486 for the application submitted by belgium, have adopted this decision: article 1 for the general budget of the european union for the financial year 2015, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 1 591 486 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 11 march 2015. for the european parliament the president m. schulz for the council the president z. kalni a-luka evica (1) oj l 347, 20.12.2013, p. 855. (2) oj c 373, 20.12.2013, p. 1. (3) regulation (ec) no 546/2009 of the european parliament and of the council of 18 june 2009 amending regulation (ec) no 1927/2006 on establishing the european globalisation adjustment fund (oj l 167, 29.6.2009, p. 26). (4) council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (oj l 347, 20.12.2013, p. 884).
name: 2014/886/eu: decision of the european parliament and of the council of 4 december 2014 appointing the european data protection supervisor and the assistant supervisor type: decision subject matter: eu institutions and european civil service date published: 2014-12-09 9.12.2014 en official journal of the european union l 351/9 decision of the european parliament and of the council of 4 december 2014 appointing the european data protection supervisor and the assistant supervisor (2014/886/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (ec) no 45/2001 of the european parliament and of the council of 18 december 2000 on the protection of individuals with regard to the processing of personal data by the community institutions and bodies and on the free movement of such data (1), and in particular article 42(1) thereof, having regard to the proposal of a list of candidates drawn up by the european commission on 16 september 2014, in accordance with article 42(1) of regulation (ec) no 45/2001, following a public call for candidates, with a view to the appointment of the european data protection supervisor and the assistant supervisor, whereas: (1) the term of office of the european data protection supervisor and the assistant supervisor came to an end on 16 january 2014. however, in accordance with article 42(6) of regulation (ec) no 45/2001, the european data protection supervisor and the assistant supervisor remain in office until they are replaced. (2) the european data protection supervisor and the assistant supervisor are to be appointed by common accord between the european parliament and the council, for a period of five years from 4 december 2014, have adopted this decision: article 1 the following are appointed for the period from 4 december 2014 to 5 december 2019: european data protection supervisor: mr giovanni buttarelli, assistant supervisor: mr wojciech rafa wiewi rowski. article 2 this decision shall enter into force on 4 december 2014. done at brussels, 4 december 2014. for the european parliament the president m. schulz for the council the president s. gozi (1) oj l 8, 12.1.2001, p. 1.
name: 2014/877/eu: decision of the european parliament and of the council of 26 november 2014 on the mobilisation of the european globalisation adjustment fund, in accordance with point 13 of the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application egf/2014/007 ie/andersen ireland, from ireland) type: decision subject matter: economic conditions; eu finance; miscellaneous industries; employment; economic policy; budget; europe date published: 2014-12-06 6.12.2014 en official journal of the european union l 350/9 decision of the european parliament and of the council of 26 november 2014 on the mobilisation of the european globalisation adjustment fund, in accordance with point 13 of the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application egf/2014/007 ie/andersen ireland, from ireland) (2014/877/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1309/2013 of the european parliament and of the council of 17 december 2013 on the european globalisation adjustment fund (2014-2020) and repealing regulation (ec) no 1927/2006 (1), and in particular article 15(4) thereof, having regard to council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (2), and in particular article 12 thereof, having regard to the interinstitutional agreement between the european parliament, the council and the commission of 2 december 2013 on budgetary discipline, on cooperation in budgetary matters and on sound financial management (3), and in particular point 13 thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis addressed in regulation (ec) no 546/2009 of the european parliament and of the council (4), or as a result of a new global financial and economic crisis and to assist them with their reintegration into the labour market. (2) the egf shall not exceed a maximum annual amount of eur 150 million (2011 prices), as laid down in article 12 of regulation (eu, euratom) no 1311/2013. (3) on 16 may 2014 ireland submitted an application to mobilise the egf, in respect of redundancies in andersen ireland limited in ireland, and supplemented it by additional information as provided for in article 8(3) of regulation (eu) no 1309/2013. this application complies with the requirements for determining a financial contribution from the egf as laid down in article 13 of regulation (eu) no 1309/2013. (4) in accordance with article 6(2) of regulation (eu) no 1309/2013, ireland has decided to provide personalised services co-financed by the egf also to neets. (5) the egf should, therefore, be mobilised in order to provide a financial contribution of an amount of eur 1 501 200 for the application submitted by ireland, have adopted this decision: article 1 for the general budget of the european union for the financial year 2014, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 1 501 200 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 26 november 2014. for the european parliament the president m. schulz for the council the president s. gozi (1) oj l 347, 20.12.2013, p. 855. (2) oj l 347, 20.12.2013, p. 884. (3) oj c 373, 20.12.2013, p. 1. (4) oj l 167, 29.6.2009, p. 26.
name: 2014/812/eu: decision of the european parliament and of the council of 22 october 2014 on the mobilisation of the european globalisation adjustment fund, in accordance with point 13 of the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application egf/2013/010 es/castilla y le n from spain) type: decision subject matter: economic policy; budget; employment; economic conditions; cooperation policy; eu finance; wood industry; regions of eu member states; europe date published: 2014-11-20 20.11.2014 en official journal of the european union l 333/11 decision of the european parliament and of the council of 22 october 2014 on the mobilisation of the european globalisation adjustment fund, in accordance with point 13 of the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application egf/2013/010 es/castilla y le n from spain) (2014/812/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (1), and in particular article 12(3) thereof, having regard to regulation (eu) no 1309/2013 of the european parliament and the council of 17 december 2013 on the european globalisation adjustment fund (2014-2020) and repealing regulation (ec) no 1927/2006 (2), and in particular article 23, second paragraph, thereof, having regard to council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (3), and in particular article 12 thereof, having regard to the interinstitutional agreement between the european parliament, the council and the commission of 2 december 2013 on budgetary discipline, on cooperation in budgetary matters and on sound financial management (4), and in particular point 13 thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the egf shall not exceed a maximum annual amount of eur 150 million (2011 prices), as laid down in article 12 of regulation (eu, euratom) no 1311/2013. (3) spain submitted an application to mobilise the egf, in respect of redundancies in three enterprises operating in the nace revision 2 division 16 (manufacture of wood and of products of wood and cork, except furniture; manufacture of articles of straw and plaiting materials) in the nuts ii region of castilla y le n (es 41), on 5 december 2013 and supplemented it by additional information up to 25 march 2014. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission, therefore, proposes to mobilise an amount of eur 700 000. (4) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by spain, have adopted this decision: article 1 for the general budget of the european union for the financial year 2014, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 700 000 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 22 october 2014. for the european parliament the president m. schulz for the council the president b. della vedova (1) oj l 406, 30.12.2006, p. 1. (2) oj l 347, 20.12.2013, p. 855. (3) oj l 347, 20.12.2013, p. 884. (4) oj c 373, 20.12.2013, p. 1.
name: 2014/814/eu: decision of the european parliament and of the council of 22 october 2014 on the mobilisation of the european globalisation adjustment fund, in accordance with point 13 of the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application egf/2014/002 nl/gelderland-overijssel construction from the netherlands) type: decision subject matter: economic conditions; eu finance; employment; budget; building and public works; europe date published: 2014-11-20 20.11.2014 en official journal of the european union l 333/15 decision of the european parliament and of the council of 22 october 2014 on the mobilisation of the european globalisation adjustment fund, in accordance with point 13 of the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application egf/2014/002 nl/gelderland-overijssel construction from the netherlands) (2014/814/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1309/2013 of the european parliament and of the council of 17 december 2013 on the european globalisation adjustment fund (2014-2020) and repealing regulation (ec) no 1927/2006 (1), and in particular article 15(4) thereof, having regard to council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (2), and in particular article 12 thereof, having regard to the interinstitutional agreement between the european parliament, the council and the commission of 2 december 2013 on budgetary discipline, on cooperation in budgetary matters and on sound financial management (3), and in particular point 13 thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the egf shall not exceed a maximum annual amount of eur 150 million (2011 prices), as laid down in article 12 of regulation (eu, euratom) no 1311/2013. (3) the netherlands submitted an application to mobilise the egf, in respect of redundancies in 89 enterprises operating in the nace revision 2 division 41 (construction of buildings) (4) in the nuts 2 level contiguous regions of gelderland and overijssel, on 20 february 2014 and supplemented it by additional information as provided by article 8(3) of regulation (eu) no 1309/2013. this application complies with the requirements for determining a financial contribution from the egf as laid down in article 13 of regulation (eu) no 1309/2013. (4) the egf should, therefore, be mobilised in order to provide a financial contribution of an amount of eur 1 625 781 for the application submitted by the netherlands, have adopted this decision: article 1 for the general budget of the european union for the financial year 2014, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 1 625 781 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 22 october 2014. for the european parliament the president m. schulz for the council the president b. della vedova (1) oj l 347, 20.12.2013, p. 855. (2) oj l 347, 20.12.2013, p. 884. (3) oj c 373, 20.12.2013, p. 1. (4) regulation (ec) no 1893/2006 of the european parliament and of the council of 20 december 2006 establishing the statistical classification of economic activities nace revision 2 and amending council regulation (eec) no 3037/90 as well as certain ec regulations on specific statistical domains(oj l 393, 30.12.2006, p. 1).
name: 2014/816/eu: decision of the european parliament and of the council of 22 october 2014 on the mobilisation of the european globalisation adjustment fund, in accordance with point 13 of the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application egf/2014/004 es/comunidad valenciana metal from spain) type: decision subject matter: employment; economic conditions; eu finance; budget; europe; regions of eu member states; iron, steel and other metal industries date published: 2014-11-20 20.11.2014 en official journal of the european union l 333/19 decision of the european parliament and of the council of 22 october 2014 on the mobilisation of the european globalisation adjustment fund, in accordance with point 13 of the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application egf/2014/004 es/comunidad valenciana metal from spain) (2014/816/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1309/2013 of the european parliament and of the council of 17 december 2013 on the european globalisation adjustment fund (2014 2020) and repealing regulation (ec) no 1927/2006 (1), and in particular article 15(4) thereof, having regard to council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014 2020 (2), and in particular article 12 thereof, having regard to the interinstitutional agreement between the european parliament, the council and the commission of 2 december 2013 on budgetary discipline, on cooperation in budgetary matters and on sound financial management (3), and in particular point 13 thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis addressed in regulation (ec) no 546/2009 (4), or as a result of a new global financial and economic crisis and to assist them with their reintegration into the labour market. (2) the egf shall not exceed a maximum annual amount of eur 150 million (2011 prices), as laid down in article 12 of regulation (eu, euratom) no 1311/2013. (3) spain submitted an application to mobilise the egf, in respect of redundancies in 142 enterprises operating in the nace revision 2 division 25 (manufacture of fabricated metal products, except machinery and equipment) in the nuts 2 level region of comunidad valenciana (es52), on 25 march 2014 and supplemented it by additional information as provided by article 8(3) of regulation (eu) no 1309/2013. this application complies with the requirements for determining a financial contribution from the egf as laid down in article 13 of regulation (eu) no 1309/2013. (4) the egf should, therefore, be mobilised in order to provide a financial contribution of an amount of eur 1 019 184 for the application submitted by spain, have adopted this decision: article 1 for the general budget of the european union for the financial year 2014, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 1 019 184 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 22 october 2014. for the european parliament the president m. schulz for the council the president b. della vedova (1) oj l 347, 20.12.2013, p. 855. (2) oj l 347, 20.12.2013, p. 884. (3) oj c 373, 20.12.2013, p. 1. (4) oj l 167, 29.6.2009, p. 26.
name: decision no 534/2014/eu of the european parliament and of the council of 15 may 2014 providing macro-financial assistance to the republic of tunisia type: decision subject matter: eu finance; africa; economic analysis; economic structure; economic conditions; economic policy date published: 2014-05-21 21.5.2014 en official journal of the european union l 151/9 decision no 534/2014/eu of the european parliament and of the council of 15 may 2014 providing macro-financial assistance to the republic of tunisia the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 212 thereof, having regard to the proposal from the european commission, after transmission of the draft legislative act to the national parliaments, acting in accordance with the ordinary legislative procedure (1), whereas: (1) relations between the european union and the republic of tunisia (tunisia) are developing within the framework of the european neighbourhood policy (enp). the euro-med association agreement between the european communities and their member states, on the one hand, and tunisia, on the other hand (2) (the eu-tunisia association agreement), entered into force on 1 march 1998. under the eu-tunisia association agreement, tunisia finalised dismantling tariffs for industrial products in 2008, thereby making tunisia the first southern mediterranean country to enter into a free trade area with the union. bilateral political dialogue and economic cooperation have been further developed within the framework of enp action plans, of which the most recent under discussion would cover the period 2013-2017. (2) tunisia's economy has been significantly affected by domestic events related to the events in the southern mediterranean since the end of 2010, known as the arab spring, and by the regional unrest that followed, particularly in neighbouring libya. those events and the weak global economic environment, in particular the recession in the euro area, which is tunisia's main trading and financial partner, have had a very negative impact on the tunisian economy, leading to a slowdown in growth and generating large external and budgetary financing gaps. (3) following the ousting of president ben ali on 14 january 2011, tunisia's first free and democratic elections took place on 23 october 2011. a national constituent assembly has been in place since then, and although the political transition has not been without difficulties, there have been concerted efforts by the main political actors to proceed with reforms towards a fully-fledged democratic system. (4) the constitution adopted by the national constituent assembly of tunisia includes some advances in the field of individual rights and freedoms and gender equality, which set tunisia on the path towards democracy and the rule of law. (5) since the arab spring began, the union has, on various occasions, declared its commitment to supporting tunisia in its economic and political reform process. that commitment was reaffirmed in november 2012, in the conclusions of the meeting of the association council between the union and tunisia. the union's political and economic support for tunisia's reform process is consistent with the union's policy towards the southern mediterranean region, as set out in the context of the enp. (6) in line with the joint declaration by the european parliament and the council adopted together with decision no 778/2013/eu of the european parliament and of the council (3), union macro-financial assistance should be an exceptional financial instrument of untied and undesignated balance-of-payments support, which aims at restoring a beneficiary's sustainable external finance situation and should underpin the implementation of a policy programme containing strong adjustment and structural reform measures designed to improve the balance of payment position, in particular over the programme period, and reinforce the implementation of relevant agreements and programmes with the union. (7) in april 2013, the tunisian authorities and the international monetary fund (imf) agreed on a non-precautionary three-year stand-by-arrangement (imf programme) of sdr 1 146 million (special drawing rights) in support of tunisia's economic adjustment and reform programme. the objectives of the imf programme are consistent with the purpose of the union macro-financial assistance, namely to alleviate short-term balance of payment difficulties, and the implementation of strong adjustment measures is consistent with the aim of union macro-financial assistance. (8) the union has made available eur 290 million in grants for the period 2011-2013 under its regular cooperation programme in support of tunisia's economic and political reform agenda. in addition, eur 155 million has been allocated to tunisia for the period 2011-2013 under the support for partnership, reforms and inclusive growth (spring) programme. (9) in august 2013, in view of the worsening economic situation and outlook, tunisia requested union macro-financial assistance. (10) given that tunisia is a country covered by the enp, it should be considered to be eligible to receive union macro-financial assistance. (11) given that there is still a significant residual external financing gap in tunisia's balance of payments over and above the resources provided by the imf and other multilateral institutions, and despite the implementation of strong economic stabilisation and reform programmes by tunisia, the union macro-financial assistance to be provided to tunisia (the union's macro-financial assistance) is, under the current exceptional circumstances, considered to be an appropriate response to tunisia's request to support economic stabilisation in conjunction with the imf programme. the union's macro-financial assistance would support the economic stabilisation and the structural reform agenda of tunisia, supplementing resources made available under the imf financial arrangement. (12) the union's macro-financial assistance should aim to support the restoration of a sustainable external financing situation for tunisia thereby supporting its economic and social development. (13) the determination of the amount of the union's macro-financial assistance is based on a complete quantitative assessment of tunisia's residual external financing needs, and takes into account its capacity to finance itself with its own resources, in particular the international reserves at its disposal. the union's macro-financial assistance should complement the programmes and resources provided by the imf and the world bank. the determination of the amount of the assistance also takes into account expected financial contributions from multilateral donors and the need to ensure fair burden sharing between the union and other donors, as well as the pre-existing deployment of the union's other external financing instruments in tunisia and the added value of the overall union involvement. (14) the commission should ensure that the union's macro-financial assistance is legally and substantially in line with the key principles, objectives and measures taken within the different areas of external action and other relevant union policies. (15) the union's macro-financial assistance should support the union's external policy towards tunisia. commission services and the european external action service should work closely together throughout the macro-financial assistance operation in order to coordinate, and to ensure the consistency of, union external policy. (16) the union's macro-financial assistance should support tunisia's commitment to values shared with the union, including democracy, the rule of law, good governance, respect for human rights, sustainable development and poverty reduction, as well as its commitment to the principles of open, rule-based and fair trade. (17) a pre-condition for granting the union's macro-financial assistance should be that tunisia respects effective democratic mechanisms, including a multi-party parliamentary system and the rule of law, and guarantees respect for human rights. in addition, the specific objectives of the union's macro-financial assistance should strengthen the efficiency, transparency and accountability of the public finance management systems in tunisia and promote structural reforms aimed at supporting sustainable and inclusive growth, employment creation and fiscal consolidation. both fulfilment of the pre-condition and the achievement of those objectives should be regularly monitored by the commission. (18) in order to ensure that the union's financial interests linked to the union's macro-financial assistance are protected efficiently, tunisia should take appropriate measures relating to the prevention of, and fight against, fraud, corruption and any other irregularities linked to the assistance. in addition, provision should be made for the commission to carry out checks and for the court of auditors to carry out audits. (19) release of the union's macro-financial assistance is without prejudice to the powers of the european parliament and of the council. (20) the amounts of the provision required for the union's macro-financial assistance should be consistent with the budgetary appropriations provided for in the multi-annual financial framework. (21) the union's macro-financial assistance should be managed by the commission. in order to ensure that the european parliament and the council are able to follow the implementation of this decision, the commission should regularly inform them of developments relating to the assistance and provide them with relevant documents. (22) in order to ensure uniform conditions for the implementation of this decision, implementing powers should be conferred on the commission. those powers should be exercised in accordance with regulation (eu) no 182/2011 of the european parliament and of the council (4). (23) the union's macro-financial assistance should be subject to economic policy conditions, to be laid down in a memorandum of understanding. in order to ensure uniform conditions of implementation and for reasons of efficiency, the commission should be empowered to negotiate such conditions with the tunisian authorities under the supervision of the committee of representatives of the member states in accordance with regulation (eu) no 182/2011. under that regulation, the advisory procedure should, as a general rule, apply in all cases other than as provided for in that regulation. considering the potentially important impact of assistance of more than eur 90 million, it is appropriate that the examination procedure be used for operations above that threshold. considering the amount of the union's macro-financial assistance to tunisia, the examination procedure should apply to the adoption of the memorandum of understanding, and to any reduction, suspension or cancellation of the assistance, have adopted this decision: article 1 1. the union shall make macro-financial assistance available to tunisia (the union's macro-financial assistance) of a maximum amount of eur 300 million, with a view to supporting tunisia's economic stabilisation and reforms. the assistance shall contribute to covering tunisia's balance of payments needs as identified in the imf programme. 2. the full amount of the union's macro-financial assistance shall be provided to tunisia in the form of loans. the commission shall be empowered on behalf of the union to borrow the necessary funds on the capital markets or from financial institutions and to on-lend them to tunisia. the loans shall have a maximum maturity of 15 years. 3. the release of the union's macro-financial assistance shall be managed by the commission in a manner consistent with the agreements or understandings reached between the imf and tunisia, and with the key principles and objectives of economic reforms set out in the eu-tunisia association agreement and the eu-tunisia action plan for 2013-2017, agreed under the enp. the commission shall regularly inform the european parliament and the council of developments regarding the union's macro-financial assistance, including disbursements thereof, and shall provide those institutions with the relevant documents in due time. 4. the union's macro-financial assistance shall be made available for a period of two and a half years, starting from the first day after the entry into force of the memorandum of understanding referred to in article 3(1) of this decision. 5. where the financing needs of tunisia decrease fundamentally during the period of the disbursement of the union's macro-financial assistance compared to the initial projections, the commission, acting in accordance with the examination procedure referred to in article 7(2), shall reduce the amount of the assistance or suspend or cancel it. article 2 a pre-condition for granting the union's macro-financial assistance shall be that tunisia respects effective democratic mechanisms, including a multi-party parliamentary system and the rule of law, and guarantees respect for human rights. the commission shall monitor the fulfilment of this pre-condition throughout the life-cycle of the union's macro-financial assistance. this article shall be applied in accordance with council decision 2010/427/eu (5). article 3 1. the commission, in accordance with the examination procedure referred to in article 7(2), shall agree with the tunisian authorities on clearly defined economic policy and financial conditions, focusing on structural reforms and sound public finances, to which the union's macro-financial assistance is to be subject, to be laid down in a memorandum of understanding (the memorandum of understanding), which shall include a time-frame for the fulfilment of those conditions. the economic policy and financial conditions set out in the memorandum of understanding shall be consistent with the agreements or understandings referred to in article 1(3), including the macro-economic adjustment and structural reform programmes implemented by tunisia, with the support of the imf. 2. those conditions shall aim, in particular, to enhance the efficiency, transparency and accountability of the public finance management systems in tunisia, including for the use of the union's macro-financial assistance. progress in mutual market opening, the development of rules-based and fair trade and other priorities in the context of the union's external policy shall also be duly taken into account when designing the policy measures. progress in attaining those objectives shall be regularly monitored by the commission. 3. the detailed financial terms of the union's macro-financial assistance shall be laid down in a loan agreement to be agreed between the commission and the tunisian authorities. 4. the commission shall verify at regular intervals that the conditions in article 4(3) continue to be met, including whether the economic policies of tunisia are in accordance with the objectives of the union's macro-financial assistance. in so doing, the commission shall coordinate closely with the imf and the world bank and, where necessary, with the european parliament and the council. article 4 1. subject to the conditions in paragraph 3, the union's macro-financial assistance shall be made available by the commission in three loan instalments. the size of each instalment shall be laid down in the memorandum of understanding. 2. the amounts of the union's macro-financial assistance shall be provisioned, where required, in accordance with council regulation (ec, euratom) no 480/2009 (6). 3. the commission shall decide on the release of the instalments subject to the fulfilment of all of the following conditions: (a) the pre-condition set out in article 2; (b) a continuous satisfactory track record of implementing a policy programme that contains strong adjustment and structural reform measures supported by a non-precautionary imf credit arrangement; and (c) the implementation, within a specific time-frame, of the economic policy and financial conditions agreed in the memorandum of understanding. the disbursement of the second instalment shall not take place earlier than three months after the release of the first instalment. the disbursement of the third instalment shall not take place earlier than three months after the release of the second instalment. 4. where the conditions in paragraph 3 are not met, the commission shall temporarily suspend or cancel the disbursement of the union's macro-financial assistance. in such cases, it shall inform the european parliament and the council of the reasons for that suspension or cancellation. 5. the union's macro-financial assistance shall be disbursed to the central bank of tunisia. subject to provisions to be agreed in the memorandum of understanding, including a confirmation of residual budgetary financing needs, the union funds may be transferred to the tunisian ministry of finance as the final beneficiary. article 5 1. the borrowing and lending operations related to the union's macro-financial assistance shall be carried out in euro, using the same value date, and shall not involve the union in the transformation of maturities, or expose it to any exchange or interest rate risk, or to any other commercial risk. 2. where the circumstances permit, and if tunisia so requests, the commission may take the steps necessary to ensure that an early repayment clause is included in the loan terms and conditions, and that it is matched by a corresponding clause in the terms and conditions of the borrowing operations. 3. where circumstances permit an improvement of the interest rate of the loan, and if tunisia so requests, the commission may decide to refinance all or part of its initial borrowings, or may restructure the corresponding financial conditions. refinancing or restructuring operations shall be carried out in accordance with paragraphs 1 and 4, and shall not have the effect of extending the maturity of the borrowings concerned or of increasing the amount of capital outstanding at the date of the refinancing or restructuring. 4. all costs incurred by the union which relate to the borrowing and lending operations under this decision shall be borne by tunisia. 5. the commission shall inform the european parliament and the council of developments in the operations referred to in paragraphs 2 and 3. article 6 1. the union's macro-financial assistance shall be implemented in accordance with regulation (eu, euratom) no 966/2012 of the european parliament and of the council (7) and commission delegated regulation (eu) no 1268/2012 (8). 2. the implementation of the union's macro-financial assistance shall be under direct management. 3. the memorandum of understanding and the loan agreement to be agreed with the tunisian authorities shall contain provisions: (a) ensuring that tunisia regularly checks that financing provided from the general budget of the union has been properly used, takes appropriate measures to prevent irregularities and fraud, and, if necessary, takes legal action to recover any funds provided under this decision that have been misappropriated; (b) ensuring the protection of the union's financial interests, in particular providing for specific measures in relation to the prevention of, and fight against, fraud, corruption and any other irregularities affecting the union's macro-financial assistance, in accordance with council regulation (ec, euratom) no 2988/95 (9), council regulation (euratom, ec) no 2185/96 (10) and regulation (eu, euratom) no 883/2013 of the european parliament and of the council (11); (c) expressly authorising the commission, including the european anti-fraud office, or its representatives to carry out checks, including on-the-spot checks and inspections; (d) expressly authorising the commission and the court of auditors to perform audits during and after the availability period of the union's macro-financial assistance, including document audits and on-the-spot audits, such as operational assessments; and (e) ensuring that the union is entitled to early repayment of the loan where it has been established that, in relation to the management of the union's macro-financial assistance, tunisia has engaged in any act of fraud or corruption or any other illegal activity detrimental to the financial interests of the union. 4. during the implementation of the union's macro-financial assistance, the commission shall monitor, by means of operational assessments, the soundness of tunisia's financial arrangements, the administrative procedures, and the internal and external control mechanisms which are relevant to the assistance. article 7 1. the commission shall be assisted by a committee. that committee shall be a committee within the meaning of regulation (eu) no 182/2011. 2. where reference is made to this paragraph, article 5 of regulation (eu) no 182/2011 shall apply. article 8 1. by 30 june of each year, the commission shall submit to the european parliament and to the council a report on the implementation of this decision in the preceding year, including an evaluation of that implementation. that report shall: (a) examine the progress made in implementing the union's macro-financial assistance; (b) assess the economic situation and prospects of tunisia, as well as progress made in implementing the policy measures referred to in article 3(1); (c) indicate the connection between the economic policy conditions laid down in the memorandum of understanding, tunisia's on-going economic and fiscal performance and the commission's decisions to release the instalments of the union's macro-financial assistance. 2. not later than two years after the expiry of the availability period referred to in article 1(4), the commission shall submit to the european parliament and to the council an ex post evaluation report, assessing the results and efficiency of the completed union's macro-financial assistance and the extent to which it has contributed to the aims of the assistance. article 9 this decision shall enter into force on the third day following that of its publication in the official journal of the european union. done at brussels, 15 may 2014. for the european parliament the president m. schulz for the council the president d. kourkoulas (1) position of the european parliament of 16 april 2014 (not yet published in the official journal) and decision of the council of 6 may 2014. (2) euro-mediterranean agreement establishing an association between the european communities and their member states, of the one part, and the republic of tunisia, of the other part (oj l 97, 30.3.1998, p. 2). (3) decision no 778/2013/eu of the european parliament and of the council of 12 august 2013 providing further macro-financial assistance to georgia (oj l 218, 14.8.2013, p. 15). (4) regulation (eu) no 182/2011 of the european parliament and of the council of 16 february 2011 laying down the rules and general principles concerning mechanisms for control by member states of the commission's exercise of implementing powers (oj l 55, 28.2.2011, p. 13). (5) council decision 2010/427/eu of 26 july 2010 establishing the organisation and functioning of the european external action service (oj l 201, 3.8.2010, p. 30). (6) council regulation (ec, euratom) no 480/2009 of 25 may 2009 establishing a guarantee fund for external actions (oj l 145, 10.6.2009, p. 10). (7) regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (oj l 298, 26.10.2012, p. 1). (8) commission delegated regulation (eu) no 1268/2012 of 29 october 2012 on the rules of application of regulation (eu, euratom) no 966/2012 of the european parliament and of the council on the financial rules applicable to the general budget of the union (oj l 362, 31.12.2012, p. 1). (9) council regulation (ec, euratom) no 2988/95 of 18 december 1995 on the protection of the european communities financial interests (oj l 312, 23.12.1995, p. 1). (10) council regulation (euratom, ec) no 2185/96 of 11 november 1996 concerning on-the-spot checks and inspections carried out by the commission in order to protect the european communities' financial interests against fraud and other irregularities (oj l 292, 15.11.1996, p. 2). (11) regulation (eu, euratom) no 883/2013 of the european parliament and of the council of 11 september 2013 concerning investigations conducted by the european anti-fraud office (olaf) and repealing regulation (ec) no 1073/1999 of the european parliament and of the council and council regulation (euratom) no 1074/1999 (oj l 248, 18.9.2013, p. 1).
name: 2014/254/eu: decision of the european parliament and of the council of 16 april 2014 on the mobilisation of the european globalisation adjustment fund, in accordance with point 13 of the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application egf/2012/007 it/vdc technologies from italy) type: decision subject matter: economic conditions; employment; budget; economic policy; europe; eu finance; electronics and electrical engineering date published: 2014-05-07 7.5.2014 en official journal of the european union l 134/44 decision of the european parliament and of the council of 16 april 2014 on the mobilisation of the european globalisation adjustment fund, in accordance with point 13 of the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application egf/2012/007 it/vdc technologies from italy) (2014/254/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (1), and in particular article 12(3) thereof, having regard to regulation (eu) no 1309/2013 of the european parliament and the council of 17 december 2013 on the european globalisation fund (2014-2020) and repealing regulation (ec) no 1927/2006 (2), and in particular article 23, second subparagraph, thereof, having regard to council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (3), and in particular article 12 thereof, having regard to the interinstitutional agreement between the european parliament, the council and the commission of 2 december 2013 on budgetary discipline, on cooperation in budgetary matters and on sound financial management (4), and in particular point 13 thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the egf shall not exceed a maximum annual amount of eur 150 million (2011 prices), as laid down in article 12 of regulation (eu, euratom) no 1311/2013. (3) italy submitted an application to mobilise the egf on 31 august 2012 in respect of redundancies in the enterprise vdc technologies spa and one supplier and supplemented it by additional information up to 6 september 2013. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission, therefore, proposes to mobilise an amount of eur 3 010 985. (4) notwithstanding regulation (ec) no 1927/2006 being repealed, it shall continue to apply for applications submitted up to 31 december 2013 by virtue of article 23, second subparagraph of regulation (eu) no 1309/2013. (5) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by italy, have adopted this decision: article 1 for the general budget of the european union for the financial year 2014, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 3 010 985 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 16 april 2014. for the european parliament the president m. schulz for the council the president d. kourkoulas (1) oj l 406, 30.12.2006, p. 1. (2) oj l 347, 20.12.2013, p. 855. (3) oj l 347, 20.12.2013, p. 884. (4) oj c 373, 20.12.2013, p. 1.
name: 2014/253/eu: decision of the european parliament and of the council of 16 april 2014 on the mobilisation of the european globalisation adjustment fund, in accordance with point 13 of the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application egf/2012/004 es/grupo santana from spain) type: decision subject matter: economic conditions; mechanical engineering; employment; economic policy; budget; europe; eu finance date published: 2014-05-07 7.5.2014 en official journal of the european union l 134/42 decision of the european parliament and of the council of 16 april 2014 on the mobilisation of the european globalisation adjustment fund, in accordance with point 13 of the interinstitutional agreement of 2 december 2013 between the european parliament, the council and the commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application egf/2012/004 es/grupo santana from spain) (2014/253/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (1), and in particular article 12(3) thereof, having regard to regulation (eu) no 1309/2013 of the european parliament and the council of 17 december 2013 on the european globalisation fund (2014-2020) and repealing regulation (ec) no 1927/2006 (2), and in particular article 23, second subparagraph, thereof, having regard to council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (3), and in particular article 12 thereof, having regard to the interinstitutional agreement between the european parliament, the council and the commission of 2 december 2013 on budgetary discipline, on cooperation in budgetary matters and on sound financial management (4), and in particular point 13 thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the egf shall not exceed a maximum annual amount of eur 150 million (2011 prices), as laid down in article 12 of regulation (eu, euratom) no 1311/2013. (3) spain submitted an application to mobilise the egf on 16 may 2012 in respect of redundancies in the enterprise grupo santana and 15 suppliers and downstream producers and supplemented it by additional information up to 28 november 2013. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission, therefore, proposes to mobilise an amount of eur 1 964 407. (4) notwithstanding regulation (ec) no 1927/2006 being repealed, it shall continue to apply for applications submitted up to 31 december 2013 by virtue of article 23, second subparagraph of regulation (eu) no 1309/2013. (5) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by spain, have adopted this decision: article 1 for the general budget of the european union for the financial year 2014, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 1 964 407 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 16 april 2014. for the european parliament the president m. schulz for the council the president d. kourkoulas (1) oj l 406, 30.12.2006, p. 1. (2) oj l 347, 20.12.2013, p. 855. (3) oj l 347, 20.12.2013, p. 884. (4) oj c 373, 20.12.2013, p. 1.
name: decision no 562/2014/eu of the european parliament and of the council of 15 may 2014 on the participation of the european union in the capital increase of the european investment fund type: decision subject matter: eu institutions and european civil service; european construction; eu finance; business classification; financial institutions and credit; economic policy; business organisation date published: 2014-05-24 24.5.2014 en official journal of the european union l 156/1 decision no 562/2014/eu of the european parliament and of the council of 15 may 2014 on the participation of the european union in the capital increase of the european investment fund the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 173(3) thereof, having regard to the proposal from the european commission, after transmission of the draft legislative act to the national parliaments, having regard to the opinion of the european economic and social committee (1), acting in accordance with the ordinary legislative procedure (2), whereas: (1) pursuant to council decision 94/375/ec (3), the european investment fund (the fund) was founded in 1994 to stimulate sustained and balanced growth within the community. (2) following an increase in the fund's subscribed capital in 2007, the authorised capital of the fund is eur 3 billion, divided into 3 000 shares of eur 1 million each with a ratio of 20 % of the capital paid-in. the union, represented by the commission, participated in the previous increase of the fund's subscribed capital in accordance with council decision 2007/247/ec (4). (3) consequently, the union, represented by the commission, is currently subscribed to 900 shares of the fund in total for a nominal value of eur 900 million, of which eur 180 million are paid-in. (4) the european council of 28-29 june 2012 adopted the compact for growth and jobs to stimulate smart, sustainable, inclusive, resource-efficient and job-creating growth. in that context, the european council in its conclusions emphasized that, among the further urgent actions needed at union level to boost growth and jobs, to enhance the financing of the economy and make europe more competitive as a location for production and investment, the activity of the fund should be developed, particularly as regards its venture activity, in liaison with existing national structures such as national promotional banks and institutions. (5) in order to further promote investment and access to credit, the european council of 27-28 june 2013 launched a new investment plan for europe to support small and medium-sized enterprises (smes) and boost the financing of the economy. in that context, the european council in its conclusions asked the commission and the european investment bank (eib) to implement an increase in the fund's credit enhancement capacity as a matter of priority. (6) recalling that restoring normal lending to the economy, in particular to smes, remains a priority, the european council of 19-20 december 2013 called on the commission and the eib to further enhance the capacity of the fund through an increase in its capital with a view to reaching final agreement by may 2014. (7) the current size of the fund's own funds does not allow for a substantial increase in the fund's activity, as called for by the european council, since the guarantee and venture capital operations of the fund may not exceed the ceiling on the overall commitments of the fund established by the statutes of the fund or by the general meeting of the fund. furthermore, the credit enhancement capacity of the fund is limited by the size of its available own funds. (8) on 26 november 2013, the fund's board of directors thus gave its approval as to the rationale for an increase in the fund's subscribed capital by up to eur 1 500 million, allowing for the necessary increase of the own funds. the technical arrangements and detailed procedure for the increase will be submitted to the board of directors in due course in order to request authorisation to submit a proposal to the 2014 general meeting of the fund for approval. (9) new shares should be subscribed by the fund's shareholders at their discretion over a four-year period, starting in 2014 and ending in 2017. the price of the new shares should be set annually and be based on the net asset value formula agreed between the fund's shareholders. (10) the agreement on the funding of the union contribution to the fund's capital increase should be without prejudice to the possible treatment of dividends. (11) it is appropriate for the union to participate in the capital increase of the fund in order to achieve the union's objectives of encouraging an environment favourable to initiative and to the development of undertakings throughout the union, particularly smes, and of fostering better exploitation of the industrial potential of the union's policies of innovation, research and technological development, as articulated in the conclusions of the european council of 28-29 june 2012, 27-28 june 2013 and 19-20 december 2013 and detailed in the compact for growth and jobs and the new investment plan for europe. (12) with regard to the specific objectives pursued by the union's participation in the increase of the fund's capital, in particular the fund's support for actions which complement member states' actions in favour of enterprises, particularly smes, article 173(3) of the treaty on the functioning of the european union provides the necessary powers for the adoption of this decision. (13) in order to allow the union representative in the fund's general meeting to vote on the capital increase as soon as possible, this decision should enter into force on the day following that of its publication, have adopted this decision: article 1 this decision aims to increase the european investment fund (the fund) support of actions which complement member states' actions in favour of enterprises, particularly small and medium-sized enterprises. article 2 in addition to its current shareholding in the fund, the union shall subscribe for up to 450 shares each of a nominal value of eur 1 million in the fund. the subscription of shares and the annual payments shall be carried out in accordance with the terms and conditions that shall be approved by the general meeting of the fund. article 3 the union shall purchase the new shares in the fund over a four-year period starting in 2014. during the 2014-2017 period, a total amount of up to eur 178 million shall be available within the general budget of the union to cover the cost of the subscription, making use of appropriations already programmed within heading 1a of the multiannual financial framework for the period 2014-2020 in order to leave unchanged the total expenditure allocated. the budgetary commitment may be broken down into annual instalments over four years in accordance with article 85(4) of regulation (eu, euratom) no 966/2012 of the european parliament and of the council (5). article 4 the commission shall monitor how the objective set out in article 1 has been achieved and present two reports to the european parliament and to the council, an interim report by 31 december 2016 and a final report by 31 december 2018. article 5 this decision shall enter into force on the day following that of its publication in the official journal of the european union. done at brussels, 15 may 2014. for the european parliament the president m. schulz for the council the president d. kourkoulas (1) opinion of 25 march 2014 (not yet published in the official journal). (2) position of the european parliament of 16 april 2014 (not yet published in the official journal) and decision of the council of 6 may 2014. (3) council decision 94/375/ec of 6 june 1994 on community membership of the european investment fund (oj l 173, 7.7.1994, p. 12). (4) council decision 2007/247/ec of 19 april 2007 on the community participation in the capital increase of the european investment fund (oj l 107, 25.4.2007, p. 5). (5) regulation (eu, euratom) no 966/2012 of the european parliament and of the council of 25 october 2012 on the financial rules applicable to the general budget of the union and repealing council regulation (ec, euratom) no 1605/2002 (oj l 298, 26.10.2012, p. 1). statement by the european parliament and the council the european parliament and the council agree to address the issue of the treatment of the fund's dividends in the framework of the next revision of the financial rules applicable to the general budget of the union or, at the latest, in the context of the interim report on the achievement provided for in article 4.
name: 2014/97/eu: decision of the european parliament and of the council of 20 november 2013 on the mobilisation of the flexibility instrument type: decision subject matter: financing and investment; eu finance; free movement of capital; budget; europe date published: 2014-02-20 20.2.2014 en official journal of the european union l 50/19 decision of the european parliament and of the council of 20 november 2013 on the mobilisation of the flexibility instrument (2014/97/eu) the european parliament and the council of the european union, having regard to council regulation (eu, euratom) no 1311/2013 of 2 december 2013 laying down the multiannual financial framework for the years 2014-2020 (1), and in particular the article 11 thereof, having regard to the proposal from the european commission, whereas, after having examined all possibilities for re-allocating appropriations under heading 1b, it appears necessary to mobilise the flexibility instrument to complement the financing in the general budget of the european union for the financial year 2014, beyond the ceiling of heading 1b, of eur 89 330 000 towards the financing of the cypriot structural funds programmes to grant an additional allocation from the structural funds to cyprus for the year 2014 by a total amount of eur 100 000 000, have adopted this decision: article 1 for the general budget of the european union for the financial year 2014, the flexibility instrument shall be used to provide the sum of eur 89 330 000 in commitment appropriations in heading 1b. that amount shall be used to complement the financing of the cypriot structural funds programmes under heading 1b. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 20 november 2013. for the european parliament the president m. schulz for the council the president v. le kevi ius (1) oj l 347, 20.12.2013, p. 884.
name: 2013/787/eu: decision of the european parliament and of the council of 11 december 2013 on mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2012/011 dk/vestas from denmark) type: decision subject matter: eu finance; budget; employment; economic policy; soft energy; europe date published: 2013-12-21 21.12.2013 en official journal of the european union l 349/95 decision of the european parliament and of the council of 11 december 2013 on mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2012/011 dk/vestas from denmark) (2013/787/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (3) denmarksubmitted an application on 21 december 2012 to mobilise the egf in respect of redundancies in the enterprise vestas group and supplemented it by additional information up to 16 july 2013. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission, therefore, proposes to mobilise an amount of eur 6 364 643. (4) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by denmark, have adopted this decision: article 1 for the general budget of the european union for the financial year 2013, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 6 364 643 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 11 december 2013. for the european parliament the president m. schulz for the council the president v. le kevi ius (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2013/788/eu: decision of the european parliament and of the council of 11 december 2013 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2013/001 fi/nokia from finland) type: decision subject matter: employment; budget; communications; eu finance; europe; economic policy date published: 2013-12-21 21.12.2013 en official journal of the european union l 349/96 decision of the european parliament and of the council of 11 december 2013 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2013/001 fi/nokia from finland) (2013/788/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (3) finlandsubmitted an application on 1 february 2013 to mobilise the egf, in respect of redundancies in the enterprise nokia plc, nokia siemens networks and 30 of its subcontractors, and supplemented it by additional information up to 21 august 2013. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission, therefore, proposes to mobilise an amount of eur 9 810 000. (4) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by finland, have adopted this decision: article 1 for the general budget of the european union for the financial year 2013, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 9 810 000 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 11 december 2013. for the european parliament the president m. schulz for the council the president v. le kevi ius (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2013/514/eu: decision of the european parliament and of the council of 9 october 2013 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2012/008 it/de tomaso automobili from italy) type: decision subject matter: budget; economic policy; europe; mechanical engineering; employment; eu finance date published: 2013-10-22 22.10.2013 en official journal of the european union l 280/24 decision of the european parliament and of the council of 9 october 2013 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2012/008 it/de tomaso automobili from italy) (2013/514/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (3) italy submitted an application on 5 november 2012 to mobilise the egf in respect of redundancies in the enterprise de tomaso automobili s.p.a. and supplemented it by additional information up to 5 march 2013. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission, therefore, proposes to mobilise an amount of eur 2 594 672. (4) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by italy, have adopted this decision: article 1 for the general budget of the european union for the financial year 2013, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 2 594 672 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 9 october 2013. for the european parliament the president m. schulz for the council the president v. le kevi ius (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2013/276/eu: decision of the european parliament and of the council of 21 may 2013 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2011/010 at/austria tabak from austria) type: decision subject matter: eu finance; europe; employment; agri-foodstuffs; budget; economic policy; economic conditions date published: 2013-06-12 12.6.2013 en official journal of the european union l 160/11 decision of the european parliament and of the council of 21 may 2013 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2011/010 at/austria tabak from austria) (2013/276/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 on establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the scope of the egf was broadened for applications submitted from 1 may 2009 to 30 december 2011 to include support for workers made redundant as a direct result of the global financial and economic crisis. (3) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (4) austria submitted an application on 20 december 2011 to mobilise the egf in respect of redundancies in the enterprise austria tabak gmbh and in 14 suppliers and downstream producers and supplemented it by additional information up to 9 october 2012. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission therefore proposes to mobilise an amount of eur 3 941 999. (5) the egf should therefore be mobilised in order to provide a financial contribution for the application submitted by austria, have adopted this decision: article 1 for the general budget of the european union for the financial year 2013, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 3 941 999 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 21 may 2013. for the european parliament the president m. schulz for the council the president l. creighton (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2013/108/eu: decision of the european parliament and of the council of 21 november 2012 on mobilisation of the european union solidarity fund, in accordance with point 26 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management type: decision subject matter: cooperation policy; budget; deterioration of the environment; eu finance; europe date published: 2013-02-28 28.2.2013 en official journal of the european union l 56/15 decision of the european parliament and of the council of 21 november 2012 on mobilisation of the european union solidarity fund, in accordance with point 26 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (2013/108/eu) the european parliament and the council of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof, having regard to council regulation (ec) no 2012/2002 of 11 november 2002 establishing the european union solidarity fund (2), having regard to the proposal from the european commission, whereas: (1) the european union has created a european union solidarity fund (the fund) to show solidarity with the population of regions struck by disasters. (2) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the fund within the annual ceiling of eur 1 billion. (3) regulation (ec) no 2012/2002 contains the provisions whereby the fund may be mobilised. (4) italy submitted an application to mobilise the fund, concerning a disaster caused by a series of earthquakes in italy, have adopted this decision: article 1 for the general budget of the european union for the financial year 2012, the european union solidarity fund shall be mobilised to provide the sum of eur 670 192 359 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 21 november 2012. for the european parliament the president m. schulz for the council the president a. d. mavroyiannis (1) oj c 139, 14.6.2006, p. 1. (2) oj l 311, 14.11.2002, p. 3.
name: 2013/14/eu: decision of the european parliament and of the council of 12 december 2012 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2011/013 dk/flextronics from denmark) type: decision subject matter: employment; europe; eu finance; budget; electronics and electrical engineering date published: 2013-01-12 12.1.2013 en official journal of the european union l 8/13 decision of the european parliament and of the council of 12 december 2012 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2011/013 dk/flextronics from denmark) (2013/14/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the scope of the egf was broadened for applications submitted from 1 may 2009 to 30 december 2011 to include support for workers made redundant as a direct result of the global financial and economic crisis. (3) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (4) denmark submitted an application on 21 december 2011 to mobilise the egf, in respect of redundancies in the enterprise flextronics international denmark a/s, and supplemented it by additional information up to 23 august 2012. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission, therefore, proposes to mobilise an amount of eur 1 370 910. (5) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by denmark, have adopted this decision: article 1 for the general budget of the european union for the financial year 2012, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 1 370 910 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 12 december 2012. for the european parliament the president m. schulz for the council the president a. d. mavroyiannis (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2013/18/eu: decision of the european parliament and of the council of 12 december 2012 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2012/005 se/saab from sweden) type: decision subject matter: economic conditions; mechanical engineering; employment; budget; economic policy; eu finance; europe date published: 2013-01-12 12.1.2013 en official journal of the european union l 8/17 decision of the european parliament and of the council of 12 december 2012 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2012/005 se/saab from sweden) (2013/18/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (3) sweden submitted an application on 25 may 2012 to mobilise the egf in respect of redundancies in the enterprise saab automobile sa, one of its subsidiaries and 16 of its suppliers, and supplemented it by additional information up to 20 august 2012. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission, therefore, proposes to mobilise an amount of eur 5 454 560. (4) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by sweden, have adopted this decision: article 1 for the general budget of the european union for the financial year 2012, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 5 454 560 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 12 december 2012. for the european parliament the president m. schulz for the council the president a. d. mavroyiannis (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2012/684/eu: decision of the european parliament and of the council of 25 october 2012 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2011/021 nl/zalco from the netherlands) type: decision subject matter: employment; economic conditions; eu finance; budget; iron, steel and other metal industries; regions of eu member states; europe date published: 2012-11-07 7.11.2012 en official journal of the european union l 307/78 decision of the european parliament and of the council of 25 october 2012 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2011/021 nl/zalco from the netherlands) (2012/684/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 on establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the scope of the egf was broadened for applications submitted from 1 may 2009 to 30 december 2011 to include support for workers made redundant as a direct result of the global financial and economic crisis. (3) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (4) the netherlands submitted an application on 28 december 2011 to mobilise the egf in respect of redundancies in the enterprise zalco aluminium zeeland company nv and in two supplier firms (ecl services netherlands bv and start), and supplemented it by additional information up to 18 june 2012. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission, therefore, proposes to mobilise an amount of eur 1 494 008. (5) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by the netherlands, have adopted this decision: article 1 for the general budget of the european union for the financial year 2012, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 1 494 008 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 25 october 2012. for the european parliament the president m. schulz for the council the president a. d. mavroyiannis (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2012/681/eu: decision of the european parliament and of the council of 25 october 2012 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2011/009 nl/gelderland construction 41 from the netherlands) type: decision subject matter: building and public works; budget; employment; regions of eu member states; europe; eu finance; economic conditions date published: 2012-11-07 7.11.2012 en official journal of the european union l 307/75 decision of the european parliament and of the council of 25 october 2012 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2011/009 nl/gelderland construction 41 from the netherlands) (2012/681/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 on establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the scope of the egf was broadened for applications submitted from 1 may 2009 to 30 december 2011 to include support for workers made redundant as a direct result of the global financial and economic crisis. (3) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (4) the netherlands submitted an application on 15 december 2011 to mobilise the egf in respect of redundancies in 54 enterprises operating in the nace revision 2 division 41 (construction of buildings) in the nuts ii region of gelderland (nl22), and supplemented it by additional information up to 11 june 2012. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission therefore proposes to mobilise an amount of eur 2 898 594. (5) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by the netherlands, have adopted this decision: article 1 for the general budget of the european union for the financial year 2012, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 2 898 594 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 25 october 2012. for the european parliament the president m. schulz for the council the president a. d. mavroyiannis (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2012/682/eu: decision of the european parliament and of the council of 25 october 2012 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2011/015 se/astrazeneca from sweden) type: decision subject matter: europe; health; budget; employment; eu finance date published: 2012-11-07 7.11.2012 en official journal of the european union l 307/76 decision of the european parliament and of the council of 25 october 2012 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2011/015 se/astrazeneca from sweden) (2012/682/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 on establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the scope of the egf was broadened for applications submitted from 1 may 2009 to 30 december 2011 to include support for workers made redundant as a direct result of the global financial and economic crisis. (3) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (4) sweden submitted an application on 23 december 2011 to mobilise the egf in respect of redundancies in the enterprise astrazeneca, and supplemented it by additional information up to 16 april 2012. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission, therefore, proposes to mobilise an amount of eur 4 325 854. (5) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by sweden, have adopted this decision: article 1 for the general budget of the european union for the financial year 2012, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 4 325 854 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 25 october 2012. for the european parliament the president m. schulz for the council the president a. d. mavroyiannis (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2011/774/eu: decision of the european parliament and of the council of 16 november 2011 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2010/021 ie/construction 71 from ireland) type: decision subject matter: eu finance; culture and religion; employment; europe; budget; industrial structures and policy; economic policy; economic conditions date published: 2011-11-30 30.11.2011 en official journal of the european union l 317/32 decision of the european parliament and of the council of 16 november 2011 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2010/021 ie/construction 71 from ireland) (2011/774/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the scope of the egf was broadened for applications submitted from 1 may 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis. (3) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (4) ireland submitted an application on 9 june 2010 to mobilise the egf in respect of redundancies in 230 enterprises operating in the nace revision 2 division 71 (architectural and engineering activities; technical testing and analysis) in the nuts ii regions of border, midlands and western (ie01) and southern and eastern (ie02) in ireland, and supplemented it by additional information up to 17 june 2011. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission, therefore, proposes to mobilise an amount of eur 1 387 819. (5) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by ireland, have adopted this decision: article 1 for the general budget of the european union for the financial year 2011, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 1 387 819 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 16 november 2011. for the european parliament the president j. buzek for the council the president w. szczuka (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2011/773/eu: decision of the european parliament and of the council of 16 november 2011 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2010/020 ie/construction 43 from ireland) type: decision subject matter: employment; building and public works; budget; europe; eu finance; economic conditions; economic policy date published: 2011-11-30 30.11.2011 en official journal of the european union l 317/31 decision of the european parliament and of the council of 16 november 2011 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2010/020 ie/construction 43 from ireland) (2011/773/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the scope of the egf was broadened for applications submitted from 1 may 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis. (3) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (4) ireland submitted an application on 9 june 2010 to mobilise the egf in respect of redundancies in 1 560 enterprises operating in the nace revision 2 division 43 (specialised construction activities) in the nuts ii regions of border, midlands and western (ie01) and southern and eastern (ie02) in ireland, and supplemented it by additional information up to 17 june 2011. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission, therefore, proposes to mobilise an amount of eur 21 664 148. (5) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by ireland, have adopted this decision: article 1 for the general budget of the european union for the financial year 2011, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 21 664 148 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 16 november 2011. for the european parliament the president j. buzek for the council the president w. szczuka (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: decision no 1194/2011/eu of the european parliament and of the council of 16 november 2011 establishing a european union action for the european heritage label type: decision subject matter: culture and religion; european construction; politics and public safety date published: 2011-11-22 22.11.2011 en official journal of the european union l 303/1 decision no 1194/2011/eu of the european parliament and of the council of 16 november 2011 establishing a european union action for the european heritage label the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 167(5), first indent, thereof, having regard to the proposal from the european commission, after transmission of the draft legislative act to the national parliaments, having regard to the opinion of the committee of the regions (1), acting in accordance with the ordinary legislative procedure (2), whereas: (1) the treaty on the functioning of the european union (tfeu) aims at an ever closer union among the peoples of europe and confers on the union the task, inter alia, of contributing to the flowering of the cultures of the member states, while respecting their national and regional diversity and at the same time bringing the common cultural heritage to the fore. in this respect, the union, where necessary, supports and supplements member states action to improve the knowledge and dissemination of the culture and history of the european peoples. (2) a better understanding and appreciation, especially among young people, of their shared yet diverse heritage would help to strengthen the sense of belonging to the union and reinforce intercultural dialogue. it is therefore important to promote greater access to cultural heritage and to enhance its european dimension. (3) the tfeu also establishes citizenship of the union, which complements national citizenship of the respective member states and is an important element in safeguarding and strengthening the process of european integration. for citizens to give their full support to european integration, greater emphasis should be placed on their common values, history and culture as key elements of their membership of a society founded on the principles of freedom, democracy, respect for human rights, cultural and linguistic diversity, tolerance and solidarity. (4) an intergovernmental european heritage label initiative (intergovernmental initiative) was launched on 28 april 2006 in granada, spain. (5) on 20 november 2008, the council adopted conclusions (3) aimed at transforming the intergovernmental initiative into a union action (action) by inviting the commission to submit to it a proposal for the creation by the union of a european heritage label (label) and to specify the practical procedures for the implementation of the project. (6) the public consultation and the impact assessment carried out by the commission confirmed the value of the intergovernmental initiative but indicated that it needed to be further developed to reach its full potential, and that the involvement of the union could provide it with a clear added value and help it to take a qualitative step forward. (7) the label should benefit from the experience gained from the intergovernmental initiative. (8) the label should seek added value and complementarity with regard to other initiatives such as the unesco world heritage list, the unesco representative list of the intangible cultural heritage of humanity and the council of europes european cultural routes. its added value should be based on the contribution made by the selected sites to european history and culture, including the building of the union, on a clear educational dimension reaching out to citizens, especially young people, and on networking between the sites to share experiences and best practices. the main focus of the action should be on the promotion of and access to the sites as well as on the quality of the information and activities offered, as opposed to the preservation of the sites, which should be guaranteed by existing protection regimes. (9) in addition to strengthening european citizens sense of belonging to the union and stimulating intercultural dialogue, the action could also contribute to enhancing the value and profile of cultural heritage, to increasing the role of heritage in the economic and sustainable development of regions, in particular through cultural tourism, to fostering synergies between cultural heritage and contemporary creation and creativity and, more generally, to promoting the democratic values and human rights that underpin european integration. (10) those objectives are fully in line with the objectives set out in the commission communication entitled a european agenda for culture in a globalizing world, which include the promotion of cultural diversity and intercultural dialogue as well as of culture as a catalyst for creativity. (11) it is crucial that the label be awarded on the basis of common, clear and transparent criteria and procedures, including during the first two selection years when transitional provisions should apply. (12) the procedure for the selection of sites under the action should be carried out in two stages. sites should initially be pre-selected at national level. whenever relevant, member states could involve local and regional authorities. the selection should then take place at union level. each site awarded the label should be monitored in order to ensure continued compliance with the criteria as laid down for the label. (13) in the course of the first evaluation of the action, the widening of its geographical scope should be examined. (14) where there is a clear thematic link between several sites located in one member state, the action should allow for joint applications. such joint applications should comprise a reasonable number of participating sites and demonstrate a european added value compared to individual applications in respect of the same sites. (15) similarly, by reason of the transnational dimension of certain sites, the action should allow for joint applications both in the case of sites which are located in different member states but focus on one specific theme and in the case of a site located on the territory of at least two member states. (16) in order to ensure uniform conditions for the implementation of this decision and, in particular, the provisions concerning the designation of sites to be awarded the label, the withdrawal of the label and the formalisation of the renunciation of the label, implementing powers should be conferred on the commission. (17) the administrative arrangements for the label should be light and flexible, in accordance with the principle of subsidiarity. (18) since the objectives of this decision cannot be sufficiently achieved by the member states by reason of the need, in particular, for new common, clear and transparent criteria and procedures for the label, as well as for stronger coordination between the member states, and can therefore be better achieved at union level, the union may adopt measures, in accordance with the principle of subsidiarity as set out in article 5 of the treaty on european union. in accordance with the principle of proportionality, as set out in that article, this decision does not go beyond what is necessary in order to achieve those objectives, have adopted this decision: article 1 establishment a european union action (action) entitled european heritage label (label) is hereby established. article 2 definitions for the purposes of this decision, the following definitions shall apply: (1) sites means monuments, natural, underwater, archaeological, industrial or urban sites, cultural landscapes, places of remembrance, cultural goods and objects and intangible heritage associated with a place, including contemporary heritage; (2) transnational site means: (a) several sites, located in different member states, which focus on one specific theme in order to submit a joint application; or (b) one site located on the territory of at least two member states; (3) national thematic site means several sites, located in the same member state, which focus on one specific theme in order to submit a joint application. article 3 objectives 1. the action shall contribute to the following general objectives: (a) strengthening european citizens sense of belonging to the union, in particular that of young people, based on shared values and elements of european history and cultural heritage, as well as an appreciation of national and regional diversity; (b) strengthening intercultural dialogue. 2. in order to achieve the objectives set out in paragraph 1, the action shall seek to attain the following intermediate objectives: (a) stressing the symbolic value and raising the profile of sites which have played a significant role in the history and culture of europe and/or the building of the union; (b) increasing european citizens understanding of the history of europe and the building of the union, and of their common yet diverse cultural heritage, especially in relation to the democratic values and human rights that underpin the process of european integration. 3. the sites themselves shall seek to attain the following specific objectives: (a) highlighting their european significance; (b) raising european citizens awareness of their common cultural heritage, especially that of young people; (c) facilitating the sharing of experiences and exchanges of best practices across the union; (d) increasing and/or improving access for all, especially young people; (e) increasing intercultural dialogue, especially among young people, through artistic, cultural and historical education; (f) fostering synergies between cultural heritage on one hand and contemporary creation and creativity on the other; (g) contributing to the attractiveness and the economic and sustainable development of regions, in particular through cultural tourism. article 4 participation in the action the action shall be open to the participation, on a voluntary basis, of the member states. article 5 added value and complementarity of the action with other initiatives the commission and the member states shall ensure the added value and complementarity of the action with regard to other initiatives in the field of cultural heritage such as the unesco world heritage list, the unesco representative list of the intangible cultural heritage of humanity and the council of europes european cultural routes. article 6 eligibility sites within the meaning of article 2 shall be eligible for the attribution of the label. article 7 criteria 1. the attribution of the label shall be based on the following criteria (criteria): (a) candidate sites for the label must have a symbolic european value and must have played a significant role in the history and culture of europe and/or the building of the union. they must therefore demonstrate one or more of the following: (i) their cross-border or pan-european nature: how their past and present influence and attraction go beyond the national borders of a member state; (ii) their place and role in european history and european integration, and their links with key european events, personalities or movements; (iii) their place and role in the development and promotion of the common values that underpin european integration. (b) candidate sites for the label must submit a project, the implementation of which is to begin by the end of the designation year at the latest, which includes all of the following elements: (i) raising awareness of the european significance of the site, in particular through appropriate information activities, signposting and staff training; (ii) organising educational activities, especially for young people, which increase the understanding of the common history of europe and of its shared yet diverse heritage and which strengthen the sense of belonging to a common space; (iii) promoting multilingualism and facilitating access to the site by using several languages of the union; (iv) taking part in the activities of networks of sites awarded the label in order to exchange experiences and initiate common projects; (v) raising the profile and attractiveness of the site on a european scale, inter alia, by using the possibilities offered by new technologies and digital and interactive means and by seeking synergies with other european initiatives. the organisation of artistic and cultural activities which foster the mobility of european culture professionals, artists and collections, stimulate intercultural dialogue and encourage linkage between heritage and contemporary creation and creativity is to be welcomed whenever the specific nature of the site allows this. (c) candidate sites for the label must submit a work plan which includes all of the following elements: (i) ensuring the sound management of the site, including defining objectives and indicators; (ii) ensuring the preservation of the site and its transmission to future generations in accordance with the relevant protection regimes; (iii) ensuring the quality of the reception facilities such as the historical presentation, visitors information and signposting; (iv) ensuring access for the widest possible public, inter alia, through site adaptations or staff training; (v) according special attention to young people, in particular by granting them privileged access to the site; (vi) promoting the site as a sustainable tourism destination; (vii) developing a coherent and comprehensive communication strategy highlighting the european significance of the site; (viii) ensuring that the management of the site is as environmentally friendly as possible. 2. as regards the criteria laid down in points (b) and (c) of paragraph 1, each site shall be assessed in a proportionate manner, taking into account its characteristics. article 8 european panel 1. a european panel of independent experts (european panel) shall be established to carry out the selection and monitoring at union level. it shall ensure that the criteria are properly applied by the sites across the member states. 2. the european panel shall consist of 13 members, four of whom shall be appointed by the european parliament, four by the council, four by the commission and one by the committee of the regions, in accordance with their respective procedures. the european panel shall designate its chairperson. 3. the members of the european panel shall be independent experts with substantial experience and expertise in the fields relevant to the objectives of the action. each institution and body shall seek to ensure that the competences of the experts it appoints are as complementary as possible, and that those experts are drawn from a balanced geographical spectrum. 4. the members of the european panel shall be appointed for three years. however, in 2012 four experts shall be appointed by the european parliament for two years, four by the council for three years, four by the commission for one year and one by the committee of the regions for three years. 5. the members of the european panel shall declare any actual or potential conflict of interest in respect of a specific site. in the event of such a declaration by a member, or if such a conflict of interest comes to light, that member shall not participate in the evaluation of the site or of any other sites from the member state(s) concerned. 6. all reports, recommendations and notifications of the european panel shall be made public by the commission. article 9 application form with a view to keeping procedures as streamlined and light as possible, a common application form (application form) based on the criteria shall be prepared by the commission and used by all candidate sites. article 10 pre-selection at national level 1. the pre-selection of sites for the attribution of the label shall be under the responsibility of the member states. 2. each member state may pre-select up to two sites every two years. 3. the pre-selection shall be based on the criteria and on the application form. 4. each participating member state shall establish its own procedures and its own calendar for the pre-selection in accordance with the principle of subsidiarity, striving for administrative arrangements that are as light and flexible as possible. it shall transmit the application forms in respect of the pre-selected sites to the commission by 1 march of the year of the selection procedure, in accordance with the calendar set out in the annex. 5. the commission shall publish the full list of pre-selected sites and shall inform the european parliament, the council and the committee of the regions thereof without delay after the finalisation of the pre-selection stage, so that the european parliament, the council, the committee of the regions, the member states or any other person or entity may submit to the commission any observation which could have an impact on the selection of those sites. article 11 selection at union level 1. the selection of sites for the attribution of the label shall be carried out by the european panel under the responsibility of the commission. 2. the european panel shall evaluate the applications relating to the pre-selected sites and shall select a maximum of one site per member state. if necessary, further information may be requested and visits to the sites may be organised. 3. the selection shall be based on the criteria and on the application form. the european panel shall also take duly into account the observations referred to in article 10(5). 4. the european panel shall issue a report on the pre-selected sites and transmit it to the commission at the latest by the end of the year of the selection procedure. that report shall include a recommendation for the attribution of the label and provide an accompanying explanation for its conclusions regarding those sites which are selected and those which are not. the commission shall forward that report without delay to the european parliament, the council and the committee of the regions for information. 5. candidate sites which are not selected may submit new applications for pre-selection at national level in the following years. article 12 transnational sites 1. in order for a transnational site to be eligible for the attribution of the label, it shall comply with all of the following conditions: (a) full compliance with the criteria by each participating site; (b) designation of one of the participating sites as the coordinator, which will be the single contact point for the commission; (c) application under a common name; (d) where appropriate, demonstration of a clear thematic link. 2. applications in respect of transnational sites shall follow the same procedure as that for other sites. following consultation among the participating sites with the involvement of relevant national authorities, each participating site shall complete an application form and send it to the coordinator. transnational sites shall be pre-selected by the member state of the coordinator within the numerical limits of sites laid down in article 10(2) and proposed on behalf of all the member states concerned after those member states have agreed thereon. 3. when a transnational site is selected, the label shall be awarded to the transnational site as a whole and under the common name. 4. if a transnational site meets all the criteria, priority shall be given to that site during the selection. article 13 national thematic sites 1. in order for a national thematic site to be eligible for the attribution of the label, it shall comply with all of the following conditions: (a) demonstration of the european added value of a joint application compared to individual applications; (b) demonstration of a clear thematic link; (c) full compliance with the criteria by each participating site; (d) designation of one of the participating sites as the coordinator, which will be the single contact point for the commission; (e) application under a common name. 2. applications in respect of national thematic sites shall follow the same procedure as that for other sites. each participating site shall complete an application form and send it to the coordinator. national thematic sites shall be pre-selected by the member state concerned within the numerical limits of sites laid down in article 10(2). 3. when a national thematic site is selected, the label shall be awarded to the national thematic site as a whole and under the common name. article 14 designation 1. the commission shall designate the sites to be awarded the label, having due regard to the recommendation of the european panel. the commission shall inform the european parliament, the council and the committee of the regions of its designation. 2. the label shall be awarded on a permanent basis, subject to the conditions laid down in article 15 and to the continuation of the action and without prejudice to article 16. article 15 monitoring 1. each site awarded the label shall be monitored on a regular basis in order to ensure that it continues to meet the criteria and that it respects the project and work plan submitted in its application. 2. the member states shall be responsible for the monitoring of all sites located on their respective territory. the monitoring of a transnational site shall be the responsibility of the member state of the coordinator. 3. the member states shall collect all the necessary information and prepare a report every four years in accordance with the calendar set out in the annex. the member states shall send the report to the commission by 1 march of the year of the monitoring procedure. the commission shall submit the report to the european panel for examination. 4. the european panel shall issue a report on the state of the sites awarded the label by the end of the year of the monitoring procedure, including if necessary recommendations to be taken into account for the following monitoring period. 5. the commission shall establish, in cooperation with the european panel, common indicators for the member states to ensure a coherent approach to the monitoring procedure. article 16 withdrawal or renunciation of the label 1. if the european panel establishes that a site no longer meets the criteria or that it no longer respects the project and work plan submitted in its application, it shall initiate a dialogue with the member state concerned via the commission, with a view to facilitating the necessary adjustments to the site. 2. if, 18 months after the beginning of the dialogue, the necessary adjustments have not been made to the site, the european panel shall notify the commission of that fact. the notification shall be accompanied by a statement of reasons and shall include practical recommendations on how to improve the situation. 3. if, 18 months after the notification referred to in paragraph 2, the practical recommendations have not been implemented, the european panel shall issue a recommendation to the commission for the withdrawal of the label from the relevant site. 4. if the european panel establishes that a site participating in a transnational site or a national thematic site no longer meets the criteria or that it no longer respects the project and work plan submitted in its application, the procedure set out in paragraphs 1, 2 and 3 shall apply. withdrawal pursuant to this paragraph shall apply to the transnational site or national thematic site in its entirety. however, in cases where the coherence of the transnational site or national thematic site will not be undermined, the european panel may recommend limiting the withdrawal to the participating site concerned. 5. the commission shall take the decision to withdraw the label having due regard to the recommendation referred to in paragraph 3. the commission shall inform the european parliament, the council and the committee of the regions of the withdrawal. 6. sites may at any time renounce the label and, in such cases, they shall notify the member states concerned which shall in turn inform the commission of the renunciation. the commission shall formalise the renunciation and inform the european parliament, the council and the committee of the regions to that effect. article 17 practical arrangements 1. the commission shall implement the action. it shall in particular: (a) ensure the overall coherence and quality of the action; (b) ensure coordination between the member states and the european panel; (c) in the light of the objectives and criteria, establish guidelines to assist with the selection and monitoring procedures in close cooperation with the european panel; (d) provide support to the european panel. 2. the commission shall be responsible for communicating information concerning the label and ensuring its visibility at union level, in particular by setting up and maintaining a specific website. the commission shall also ensure the creation of a logo for the action. 3. the commission shall foster networking activities between the sites awarded the label. 4. the actions under paragraphs 2 and 3 of this article, as well as the costs of the european panel, shall be financed through the financial envelope provided for in article 20. article 18 evaluation 1. the commission shall ensure the external and independent evaluation of the action. such evaluation shall take place every six years in accordance with the calendar set out in the annex and shall examine all elements, including the efficiency of the processes involved in running the action, the number of sites, the impact of the action, the widening of its geographical scope, how it could be improved and whether it should be continued. 2. the commission shall present a report on the evaluation provided for in paragraph 1 to the european parliament, the council and the committee of the regions within six months of its finalisation, accompanied, if appropriate, by relevant proposals. article 19 transitional provisions 1. member states which did not participate in the intergovernmental european heritage label initiative of 2006 (intergovernmental initiative) may pre-select up to four sites in 2013 for the attribution of the label. 2. member states which participated in the intergovernmental initiative may pre-select up to four sites in 2014 for the attribution of the label. they may propose sites which were already awarded a label within the intergovernmental initiative. 3. all sites referred to in paragraphs 1 and 2 shall be assessed by the european panel on the basis of the same criteria and follow the same procedure as those for other sites. 4. where one of the sites referred to in paragraphs 1 and 2 does not meet the criteria or if further information is needed, the european panel shall initiate a dialogue with the member state concerned via the commission in order to examine whether the application can be improved before a decision is taken. visits to the site may be organised if necessary. article 20 financial provisions 1. the financial envelope for the implementation of the action during the period from 1 january 2012 to 31 december 2013 is set at eur 650 000. 2. the annual appropriations shall be authorised by the budgetary authority within the limits of the multiannual financial framework. article 21 entry into force this decision shall enter into force on the day following its publication in the official journal of the european union. done at strasbourg, 16 november 2011. for the european parliament the president j. buzek for the council the president w. szczuka (1) oj c 267, 1.10.2010, p. 52. (2) position of the european parliament of 16 december 2010 (not yet published in the official journal) and position of the council at first reading of 19 july 2011. position of the european parliament of 16 november 2011. (3) oj c 319, 13.12.2008, p. 11. annex calendar year 2011 entry into force of the decision preparatory work 2012 preparatory work 2013 first selection of sites for the member states which did not participate in the intergovernmental initiative 2014 first selection of sites for the member states which participated in the intergovernmental initiative 2015 selection 2016 monitoring 2017 selection 2018 evaluation of the label 2019 selection 2020 monitoring 2021 selection 2022 2023 selection 2024 monitoring evaluation of the label 2025 selection
name: decision no 1080/2011/eu of the european parliament and of the council of 25 october 2011 granting an eu guarantee to the european investment bank against losses under loans and loan guarantees for projects outside the union and repealing decision no 633/2009/ec type: decision subject matter: financing and investment; cooperation policy; eu finance date published: 2011-10-27 27.10.2011 en official journal of the european union l 280/1 decision no 1080/2011/eu of the european parliament and of the council of 25 october 2011 granting an eu guarantee to the european investment bank against losses under loans and loan guarantees for projects outside the union and repealing decision no 633/2009/ec the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, and in particular articles 209 and 212 thereof, having regard to the proposal from the european commission, after transmission of the draft legislative act to the national parliaments, acting in accordance with the ordinary legislative procedure (1), whereas: (1) in addition to its core mission of financing investment in the european union, the european investment bank (eib) has since 1963 undertaken financing operations outside the union in support of the unions external policies. this allows the budget funds of the union available to the external regions to be complemented by the financial strength of the eib for the benefit of recipient countries. in undertaking such financing operations, the eib contributes to the general guiding principles and policy objectives of the union, including the development of third countries and the prosperity of the union in the changed global economic circumstances. the eib financing operations in support of union external policies should continue to be conducted in accordance with the principles of sound banking practice. (2) article 209(3) of the treaty on the functioning of the european union (tfeu), in conjunction with article 208 thereof, provides that the eib is to contribute, under the terms laid down in its statute, to the implementation of the measures necessary to further the objectives of union development cooperation policy. (3) in accordance with article 19 of the statute of the eib, applications made directly to the eib for eib financing operations to be carried out under this decision are to be submitted to the commission for an opinion (eib financing application). (4) with a view to supporting union external action, and in order to enable the eib to finance investments outside the union without affecting the credit standing of the eib, the majority of its operations in external regions have benefited from an eu budgetary guarantee (eu guarantee) administered by the commission. (5) the eu guarantee was established for the period 2007-2011 by decision no 633/2009/ec of the european parliament and of the council of 13 july 2009 granting a community guarantee to the european investment bank against losses under loans and loan guarantees for projects outside the community (2). (6) the guarantee fund for external actions (guarantee fund), established by council regulation (ec, euratom) no 480/2009 of 25 may 2009 establishing a guarantee fund for external actions (3), provides a liquidity cushion for the union budget against losses incurred on eib financing operations and other union external action. (7) in accordance with decision no 633/2009/ec, the commission and the eib have prepared a mid-term review of eib external financing, based on an independent external evaluation supervised by a steering committee of wise persons, a review by an external consultancy, and specific evaluations produced by the eib. on 12 february 2010, the steering committee submitted a report to the european parliament, the council, the commission and the eib containing its conclusions and recommendations. (8) in its report the steering committee concluded that the eu guarantee is an efficient and powerful policy instrument with high financial and political leverage and that it should be maintained in order to cover risks of a political or sovereign nature. some amendments to decision no 633/2009/ec were proposed in order to ensure maximum added value and efficiency of the eibs external operations. (9) it is essential to establish a list of countries potentially eligible for eib financing under the eu guarantee. it is also appropriate to extend the list of countries eligible for eib financing under the eu guarantee, as currently set out in annex i to decision no 633/2009/ec. (10) in order to reflect significant policy developments, the power to adopt acts in accordance with article 290 tfeu should be delegated to the commission in respect of amending annex iii to this decision. it is of particular importance that the commission carry out appropriate consultations during its preparatory work, including at expert level. the commission, when preparing and drawing up delegated acts, should ensure a simultaneous, timely and appropriate transmission of relevant documents to the european parliament and to the council. (11) the amounts covered by the eu guarantee in each region should continue to represent ceilings for the eib financing under the eu guarantee and not targets that the eib is required to meet. (12) in the framework of union support to third countries to cope with the global economic and financial crisis, the eib frontloaded its external lending activity in 2009 and 2010 mainly in the pre-accession and the neighbourhood and partnership countries under its current mandate. moreover, the unrest in the southern mediterranean in early 2011 calls for union assistance in providing the affected countries with the means to rebuild and modernise their economies. therefore, for the remaining period of the mandate, the general mandate ceiling should be reviewed and increased by eur 1 684 000 000 to better deal with these temporary and exceptional circumstances without prejudging the ceilings under the next multiannual financial framework. (13) the eib financing operations ensuing from the abovementioned increase in the general mandate ceiling should respond to the political reforms undertaken by individual partner countries as assessed by the commission with the involvement of the european external action service (eeas) taking into account european parliament resolutions and council decisions and conclusions. the review of the european neighbourhood policy and the renewed emphasis on differentiation should also be reflected in that assessment. in pre-accession countries, the eib financing will continue to complement union assistance. (14) in addition to the regional ceilings, the optional mandate of eur 2 000 000 000 should be activated and allocated as an envelope to support eib financing operations in the field of climate change mitigation and adaptation across the regions covered by the mandate. the eib could contribute its expertise and resources, in close cooperation with the commission, to support public authorities as well as the private sector in order to address the challenge of climate change and to make the best possible use of available financing. for mitigation and adaptation projects, the resources of the eib should, where possible and appropriate, be complemented with concessional funds available under the union budget through the efficient and consistent blending of grants and loans for climate change financing in the context of union external assistance. in this regard, it is appropriate that the commissions annual report to the european parliament and the council should contain a detailed report on the financial instruments used for financing these projects, identifying the amounts of eib financing under the optional mandate and the corresponding amounts of grants. (15) eligibility to receive eib financing for climate-change mitigation under the eu guarantee could be restricted under the climate change mandate for countries that are deemed not to have committed themselves to meeting appropriate climate change-related targets. any such restriction of eligibility should be based on complex and comprehensive political assessments. therefore, the council should have the power to decide, on a proposal from the commission with the involvement of the eeas, to restrict the eligibility of a country to receive eib financing for climate-change mitigation under the eu guarantee. such restriction should apply only to eib financing operations for which an eib financing application is submitted after the entry into force of this decision and which are signed after 1 january 2012. (16) some flexibility on regional allocation under the climate change mandate should be provided to allow for the fastest and most effective possible uptake of available financing within the three-year period 2011-2013, while striving to ensure a balanced distribution across regions over that period, based on the established priorities for external aid under the general mandate. (17) the mid-term review of the implementation of the eib external mandate showed that, although the eib financing operations carried out in the period covered by the evaluation (2000-2009) were generally in line with union external policies, the link between union policy objectives and their operational implementation by the eib should be strengthened and made more explicit and structured. (18) in order to enhance the coherence of the mandate and strengthen the focus of the eib external financing activity on supporting union policies, and for the maximum benefit of beneficiaries, this decision should set out horizontal high-level objectives in the mandate for eib financing operations across all eligible regions and countries, building on the comparative strengths of the eib in areas where it has a well-proven track record. in the regions covered by this decision, the eib should thus finance projects in the areas of climate change mitigation and adaptation (including via the transfer of technologies related to new energy sources), social and economic infrastructure (in particular, in transport, energy including renewable energy, energy security, energy infrastructure, environmental infrastructure including water and sanitation, as well as information and communication technology), and local private sector development, in particular in support of small and medium-sized enterprises (smes). it should be recalled that improving access to financing for smes can play an essential role in stimulating economic development and in combating unemployment. within these areas, regional integration among partner countries, including economic integration between pre-accession countries, neighbourhood countries and the union, should be an underlying objective for eib financing operations. the eib should be able to support union presence in partner countries through foreign direct investment that contributes to promoting technology and knowledge transfer either under the eu guarantee for investments within the aforementioned areas or at its own risk. (19) in order to effectively reach out to smes, the eib should cooperate with local financial intermediary institutions in the eligible countries, in particular to ensure that part of the financial benefits is passed on to their clients and provide added value compared to other sources of finance. where appropriate, through its cooperation agreements with those intermediary institutions, the eib should request that their clients projects be checked against agreed criteria in line with union development goals so as to provide added value. the financial intermediaries activities in support of smes should be fully transparent and be reported regularly to the eib. (20) moreover, eib financing operations should contribute to the general principles guiding union external action, as referred to in article 21 of the treaty on european union (teu), of promoting and consolidating democracy and the rule of law, human rights and fundamental freedoms, and to the implementation of international environmental agreements to which the union is a party. in particular, in relation to developing countries, as defined in the list of official development assistance (oda) recipients established by the organisation for economic cooperation and development (oecd), eib financing operations should foster the following: their sustainable economic, social and environmental development, particularly in the most disadvantaged amongst them; their smooth and gradual integration into the world economy; the campaign against poverty; as well as compliance with objectives approved by the union in the context of the united nations and other competent international organisations. (21) while the eibs strength remains its distinctiveness as an investment bank, the eib should, under this decision, frame the development impact of its external operations in close coordination with the commission and under the democratic scrutiny of the european parliament following the principles of the european consensus on development and those set out in article 208 tfeu, as well as the principles of aid effectiveness outlined in the paris declaration of 2005 and the accra agenda for action of 2008. this should be implemented through a number of concrete measures, in particular by reinforcing its capacity to appraise environmental, social and development aspects of projects, including human rights and conflict-related risks, and by promoting local consultation with public authorities and civil society. when carrying out due diligence in respect of the project, the eib should, where appropriate and in line with the unions social and environmental principles, require the project promoter to carry out local consultations and disclose their results to the public. moreover, the eib should increase its focus on sectors where it has sound expertise from financing operations within the union and which will further the development of the country in question, such as access to financing for smes and micro-entities, environmental infrastructure including water and sanitation, sustainable transportation, and climate change mitigation, particularly in renewable energy. financing could also include projects in support of health and education infrastructure when there is clear added value. (22) the eib should also progressively strengthen its activity in support of climate change adaptation, where appropriate working in cooperation with other international financial institutions (ifis) and european bilateral financial institutions (ebfis). the additional requirements introduced by this decision would require access to concessional resources and a gradual adjustment in human resources while efficiency, effectiveness and synergies should be pursued and exploited. eib activity should also be complementary to union objectives and priorities relating to institution building and sector reforms. finally, the eib should define performance indicators which are linked to development and environment aspects of the projects and their results. (23) with the entry into force of the lisbon treaty, the function of high representative of the union for foreign affairs and security policy (high representative) has been created with the aim of increasing the impact and coherence of union external relations. (24) there has also been a broadening and strengthening of union external relations policies in recent years. this has in particular been the case for the pre-accession strategy, the european neighbourhood policy, the union strategy for central asia, the renewed partnerships with latin america and south-east asia, and the unions strategic partnerships with russia, china and india. it is also the case for union development cooperation policies, which have now been extended to include all developing countries. since 2007, union external relations have also been supported by new financial instruments, namely the instrument for pre-accession assistance (ipa), the european neighbourhood and partnership instrument (enpi), the development cooperation instrument (dci), the european instrument for democracy and human rights (eidhr) and the instrument for stability. (25) in light of the establishment of the eeas and following the entry into force of this decision, the commission and the eib should amend the memorandum of understanding on cooperation and coordination in the regions referred to in council decision 2006/1016/ec of 19 december 2006 granting a community guarantee to the european investment bank against losses under loans and loan guarantees for projects outside the community (4), and, as appropriate and with the approval of the high representative, extend the new memorandum of understanding to the eeas, in particular as regards the regular and systematic dialogue between the commission and the eib at the strategic level, which should include the eeas, and other aspects within the competence of the eeas. (26) while contributing to the implementation of the measures necessary to further the objectives of union development cooperation policy in accordance with article 209(3) tfeu, the eib should strive to support indirectly the achievement of the 2015 millennium development goals in all regions where it is active. (27) with a view to enhancing the coherence of overall union support in the regions concerned, opportunities should be seized to combine eib financing with union budgetary resources when and as appropriate, in the form of, for example, guarantees, risk capital and interest rate subsidies, investment co-financing, alongside technical assistance for project preparation and implementation, through the ipa, the enpi, the dci, the eidhr and the instrument for stability. whenever such a combination of eib financing with other union budgetary resources occurs, all financing decisions should clearly identify the resources to be employed. the commissions annual report to the european parliament and to the council on eib financing operations carried out under this decision should contain a detailed breakdown of the budgetary resources and financial instruments used in combination with the eib financing. (28) at all levels, from upstream strategic planning to downstream project development, it should be ensured that eib external financing operations comply with and support union external policies and the high-level objectives set out in this decision. with a view to increasing the coherence of union external action, dialogue on policy and strategy should be further strengthened between the commission, the eeas and the eib. to the same end, there should be enhanced cooperation and early mutual exchange of information between the commission, the eeas and the eib at operational level. eib offices outside the union should primarily be located within union delegations in order to foster such cooperation while sharing operating costs. it is of particular importance to have an early exchange of views between the commission, the eeas and the eib, as appropriate, in the process of preparing programming documents in order to maximise synergies between the activities of these three union bodies. (29) the practical measures for linking the general mandate objectives and their implementation are to be set out in regional technical operational guidelines. such guidelines should be consistent with the wider union regional policy framework set out in this decision. these guidelines should reflect union country strategies and aim to ensure that eib financing is complementary to corresponding union assistance policies, programmes and instruments in the different regions. (30) the eib should, in consultation with the commission, prepare an indicative multiannual programme of the planned volume of signatures of eib financing operations, so as to ensure appropriate budgetary planning for provisioning the guarantee fund and to ensure compatibility of the eibs forecast financing with the ceilings established in this decision. the commission should take account of this forecast in its regular budget programming transmitted to the budgetary authority. (31) the development of a union platform for cooperation and development should be studied with a view to optimising the functioning of mechanisms for the blending of grants and loans in the external regions. for this purpose, the commission should create a group of experts of member states, the eeas and the eib which would assess the costs and benefits of such a platform. in its reflections, that group should consult other relevant actors, including european multilateral and bilateral finance institutions. such a platform would continue to promote synergies and mutual reliance arrangements based on the comparative advantage of the different institutions while respecting the role and prerogatives of the commission and of the eib in implementing respectively the union budget and eib loans. based on the findings of that group of experts, the commission should report to the european parliament and to the council by mid-2012 and, if appropriate, make a proposal for the platform. (32) the eib should be encouraged to increase its operations and to diversify its financial instruments outside the union without recourse to the eu guarantee so that use of the guarantee can be encouraged for countries and projects with poor access to the market, taking into account debt sustainability considerations, and where the guarantee therefore provides greater added value. consequently, and always with the aim of supporting the objectives of the union external relations policy, the eib, while taking into account its own risk absorption capacity, should be encouraged to increase the amounts it lends at its own risk, including through the support of union economic interests, particularly in pre-accession countries and neighbourhood countries and in investment grade countries in other regions, but also in sub-investment grade countries when the eib has the appropriate third party guarantees. in consultation with the commission, the eib should develop a policy for deciding between the allocation of projects to either the mandate under eu guarantee or to eib own-risk financing. such a policy would in particular take into account the creditworthiness of the countries and projects concerned. (33) the eib should consider increasing its financing operations to be carried out under this decision for sub-sovereign public entities, where such operations have an appropriate eib credit risk assessment. (34) the eib should expand the range of new and innovative financing instruments it offers, including by focusing more on developing guarantee instruments in so far as is possible, taking account of the eibs risk policies. moreover, the eib should be encouraged to provide loans in local currencies and issue bonds in local markets, provided that partner countries put in place the necessary structural reforms, in particular in the financial sector, as well as other measures to facilitate eib activities. (35) in order to ensure that the eib meets the requirements of the mandate across regions and sub-regions, sufficient human and financial resources should, over time, be allocated to its external activities. this should in particular include having sufficient capacity to support union development cooperation objectives, to increase focus on ex-ante appraisal of the environmental, social and development aspects of its activities, and to effectively monitor projects during implementation. opportunities to further enhance efficiency and effectiveness should be exploited, and synergies should be actively pursued. (36) in its financing operations outside the union that fall within the scope of this decision, the eib should endeavour further to enhance coordination and cooperation with ifis and ebfis, including, where appropriate, cooperation on sector conditionality and mutual reliance on procedures, use of joint co-financing and participation in global initiatives, such as those promoting aid coordination and effectiveness. such coordination and cooperation should strive to minimise possible duplication of costs and unnecessary overlap. these efforts are to be based on reciprocity. the principles set out in this decision should also be applied when eib financing is implemented through cooperation agreements with other ifis and ebfis. (37) in particular, in the countries of common intervention outside the union, the eib should improve its cooperation with the other european financial institutions through agreements such as the tripartite memorandum of understanding between the commission, the eib group and the european bank for reconstruction and development (ebrd), in respect of cooperation outside the union and through allowing the eib group and the ebrd to act in a complementary way by relying on their respective comparative advantages. (38) the reporting and transmission of information by the eib to the commission should be strengthened in order to allow the commission to enhance its annual report to the european parliament and to the council on the eib financing operations carried out under this decision. the additional reporting requirements mentioned in this recital should apply only to eib financing operations for which the eib financing application is submitted after the date of entry into force of this decision and which are signed after 1 january 2012. the report should in particular assess the compliance of eib financing operations with this decision, taking into account the regional technical operational guidelines, and should include sections on the following: eib added value, such as support to union external policies; mandate requirements; the quality of financed operations; the transfer of financial benefits to clients; and sections on cooperation, including co-financing, with the commission and with other ifis and bilateral donors. the report should also assess the extent to which the eib has taken into account economic, financial, environmental and social sustainability in the design and monitoring of the projects financed. it should also contain a specific section devoted to a detailed evaluation of the measures taken by the eib to comply with the current mandate as established by decision no 633/2009/ec, paying particular attention to the eib financing operations using financial vehicles situated in non-cooperative jurisdictions. in its financing operations the eib should adequately implement its policies towards weakly regulated or non-cooperative jurisdictions to contribute to the international fight against tax fraud and tax evasion. the report should also include an appraisal of social and development-related aspects of projects. it should be made public, thus allowing civil society and recipient countries to express their views. where necessary, the report should include references to significant changes in circumstances that would justify further amendments to the mandate before the end thereof. the report should in particular include a breakdown of eib financing under this decision in combination with all union financial resources and other donors, thus giving an overview of the financial exposure of financing operations. (39) eib financing operations should continue to be managed in accordance with the eibs own rules and procedures, including appropriate control measures and measures taken to avoid tax evasion, as well as with the relevant rules and procedures concerning the court of auditors and the european anti-fraud office (olaf). (40) when submitting the proposal on the eu guarantee under the next multiannual financial framework, the commission should be invited in particular to examine, in close cooperation with the eib and taking into account the implications of the provisioning of the guarantee fund, the ceilings covered by the eu guarantee, the list of potentially eligible countries and the possibility for the eib to provide micro-credit financing and other types of instruments. the commission and the eib should also examine the possibilities of enhancing, in the future, synergy between the financing through the ipa, the enpi, the dci, the eidhr and the instrument for stability and the external mandate of the eib. (41) this decision should be without prejudice to any negotiations and decisions on the next multiannual financial framework. (42) therefore, and for the reasons of legal certainty and clarity, decision no 633/2009/ec should be repealed, have adopted this decision: article 1 eu guarantee 1. the european union shall grant the european investment bank (eib) an eu budgetary guarantee for financing operations carried out outside the union (eu guarantee). the eu guarantee shall be granted as a global guarantee in respect of payments not received by the eib, but due to it, in connection with loans and loan guarantees for eib investment projects that are eligible in accordance with paragraph 2. eib financing activities shall comply with the general guiding principles, and contribute to the achievement of the objectives and policies, of union external action. an objective for eib financing in developing countries, as defined in the list of official development assistance (oda) recipients established by the oecd, shall be to contribute indirectly to development objectives such as reducing poverty through inclusive growth and sustainable economic and social development. 2. the eib loans and loan guarantees that are eligible for the eu guarantee shall be those granted for investment projects carried out in the countries listed in annex iii, granted in accordance with the eibs own rules and procedures, including the eibs statement on social and environmental standards, and in support of the relevant union external policy objectives, where eib financing has been granted in accordance with a signed agreement which has neither expired nor been cancelled (eib financing operations). 3. the eu guarantee shall be restricted to 65 % of the aggregate amount of credits disbursed and guarantees provided under eib financing operations, less amounts reimbursed, plus all related amounts. 4. the eu guarantee shall cover eib financing operations signed during the period from 1 february 2007 to 31 december 2013. eib financing operations signed under council decisions 2006/1016/ec and 2008/847/ec (5) and under decision no 633/2009/ec shall continue to benefit from the eu guarantee under this decision. 5. if, on expiry of the period referred to in paragraph 4, the european parliament and the council have not adopted a decision granting a new eu guarantee to the eib for its financing operations outside the union in accordance with article 16, that period shall be automatically extended by six months. article 2 mandate ceilings 1. the maximum ceiling of the eib financing operations under eu guarantee throughout the period 2007-2013, less amounts cancelled, shall not exceed eur 29 484 000 000, broken down into two parts: (a) a general mandate of eur 27 484 000 000; (b) a climate change mandate of eur 2 000 000 000. 2. the general mandate shall be broken down into regional ceilings and sub-ceilings as laid down in annex i. within the regional ceilings, the eib shall progressively ensure a balanced country distribution within the regions covered by the general mandate. 3. the general mandate shall cover only eib financing operations pursuing the objectives set out in article 3. 4. the climate change mandate shall cover the eib financing operations in all countries covered by this decision, where such operations support the key union policy objective of tackling climate change by supporting projects in climate change mitigation and adaptation which contribute to the overall objective of the united nations framework convention on climate change, in particular by avoiding or reducing greenhouse gas emissions in the areas of renewable energy, energy efficiency and sustainable transport, or by increasing resilience to the adverse impacts of climate change on vulnerable countries, sectors and communities. the climate change mandate shall be implemented in close cooperation with the commission, combining where possible and appropriate eib financing with union budget funds. the council may, where appropriate and on a proposal from the commission, decide to restrict the eligibility of a country to receive eib financing for climate-change mitigation under the eu guarantee. any such restriction of eligibility under the climate change mandate shall apply only to those eib financing operations for which an eib financing application is submitted after 30 october 2011 and which are signed after 1 january 2012. 5. for the climate change mandate, the eib shall endeavour to ensure a balanced distribution of financing operations signed across the regions covered by annex iii, by the end of the period referred to in article 1(4). in particular, the eib will ensure that the region referred to under point a of annex iii does not receive more than 40 % of the amount allocated to this mandate; the region under point b not more than 50 %; the region under point c not more than 30 %; and the region under point d not more than 10 %. generally, the climate change mandate shall be used to finance projects that are closely related to the eibs core competences, that add value and that maximise the effect on adaptation and mitigation of climate change. 6. both the general mandate and the climate change mandate shall be managed in accordance with the principles of sound banking practices. article 3 general mandate objectives 1. the eu guarantee shall be granted for eib financing operations which support any of the following general objectives: (a) local private sector development, in particular support to smes; (b) development of social and economic infrastructure, including transport, energy, environmental infrastructure, and information and communication technology; (c) climate change mitigation and adaptation, as referred to in article 2(4). 2. within the core competences of the eib, its financing operations carried out under this decision shall contribute to the general principles guiding union external action, as referred to in article 21 teu and shall contribute to the implementation of international environmental agreements to which the union is a party. 3. regional integration among partner countries, including economic integration between pre-accession countries, neighbourhood countries and the union, shall be an underlying objective for eib financing operations within areas covered by the general objectives listed in paragraph 1. 4. the eib shall consider increasing its activity in support of health and education infrastructure when there is clear added value in doing so. article 4 countries covered 1. the list of countries potentially eligible for eib financing under eu guarantee is set out in annex ii. the list of countries eligible for eib financing under eu guarantee is set out in annex iii and shall include no countries other than those listed in annex ii. for countries not listed in annex ii, eligibility for eib financing under eu guarantee shall be decided on a case-by-case basis in accordance with the ordinary legislative procedure. 2. the commission shall be empowered to adopt delegated acts in accordance with article 5 concerning amendments to annex iii. the commissions decisions shall be based on an overall economic and political assessment, including aspects related to the democracy, human rights and fundamental freedoms as well as the relevant european parliament resolutions and council decisions and conclusions. delegated acts amending annex iii shall not affect the eu guarantee coverage of eib financing operations signed before the entry into force of those delegated acts. 3. the eu guarantee shall cover only eib financing operations carried out in eligible countries that have concluded a framework agreement with the eib establishing the legal conditions under which such operations are to be carried out. 4. the eu guarantee shall not cover eib financing operations in a specific country with which the agreement concerning such operations has been signed after that countrys accession to the union. article 5 exercise of the delegation 1. the power to adopt delegated acts is conferred on the commission subject to the conditions laid down in this article. 2. the power to adopt delegated acts referred to in article 4 shall be conferred on the commission for an indeterminate period of time from 30 october 2011. 3. the delegation of power referred to in article 4 may be revoked at any time by the european parliament or by the council. a decision to revoke shall put an end to the delegation of the power specified in that decision. it shall take effect the day following the publication of the decision in the official journal of the european union or at a later date specified therein. it shall not affect the validity of any delegated acts already in force. 4. as soon as it adopts a delegated act, the commission shall notify it simultaneously to the european parliament and to the council. 5. a delegated act adopted pursuant to article 4 shall enter into force only if no objection has been expressed either by the european parliament or by the council within a period of two months of notification of that act to the european parliament and to the council or if, before the expiry of that period, the european parliament and the council have both informed the commission that they will not object. that period shall be extended by two months at the initiative of the european parliament or of the council. article 6 contribution of eib financing operations to union policies 1. the commission shall develop, together with the eib, regional technical operational guidelines for eib financing under this decision. the regional technical operational guidelines, aiming at ensuring that eib financing operations support union policies, shall be consistent with the wider union regional policy framework set out in annex iv. in particular the regional technical operational guidelines will ensure that eib financing under this decision is complementary to corresponding union assistance policies, programmes and instruments in the different regions. in drawing up these guidelines, the commission and the eib will consult with the eeas on policy issues, as appropriate, and shall take into account relevant european parliament resolutions and council decisions and conclusions. the commission shall transmit to the european parliament and to the council the guidelines, and any update thereof, as soon as they are established. within the framework set out by the regional technical operational guidelines, the eib shall define corresponding financing strategies and ensure their implementation. 2. the consistency of eib financing operations with union external policy objectives shall be monitored in accordance with article 11. the eib shall develop performance indicators in relation to development, environmental and human rights aspects of projects funded taking into account the relevant indicators under the paris declaration for aid effectiveness, in order to facilitate such monitoring. indicators for environmental aspects of projects should include criteria for clean technology which are oriented in principle at energy efficiency and technologies for reducing emissions. 3. an eib financing operation shall not be covered by the eu guarantee in the event that the commission delivers a negative opinion on such an operation within the framework of the procedure provided for in article 19 of the statute of the eib. 4. in line with union and international climate change objectives, the eib shall, in cooperation with the commission, present by 31 december 2012 a strategy on how to gradually and steadily increase under its external mandate the percentage of projects promoting the reduction of co2 emissions and phase out financing projects detrimental to the achievement of union climate objectives. 5. with a view to the additional requirements introduced by this decision, the eib governing bodies shall ensure that eib resources, including staff, are gradually adjusted in order to adequately meet the requirements laid down in this decision. opportunities to further enhance efficiency and effectiveness should be exploited, and synergies should be actively pursued. article 7 eib assessment of development-related aspects of projects 1. the eib shall carry out thorough due diligence and, where appropriate and in line with union social and environmental principles, require the presence of appropriate local public consultation, on development-related aspects of projects covered by the eu guarantee. the eibs own rules and procedures shall include the necessary provisions on assessment of environmental and social impact of projects and of aspects related to human rights to ensure that only projects that are economically, financially, environmentally and socially sustainable are supported under this decision. the commission shall include on an aggregate basis in the annual report to the european parliament and to the council an assessment of the development dimension of the activities of the eib, based on the due diligence carried out for projects. where appropriate, the appraisal shall include an assessment of how the capacities of the beneficiaries of eib financing can be reinforced throughout the project cycle with technical assistance. 2. in addition to the ex-ante assessment of development-related aspects, the eib shall require the project promoters to carry out thorough monitoring during project implementation until completion, inter alia, on the development, environmental and human rights impact of the project. the eib shall assess the information provided by the project promoters. the eib monitoring shall include, where possible, monitoring of the performance of financial intermediaries in support of smes. the results of monitoring shall, where possible, be disclosed. 3. the eib shall submit to the commission annual reports assessing the estimated development impact of the operations financed during the year. the reports shall be based on the eib performance indicators referred to in article 6(2). the commission shall present the development reports of the eib to the european parliament and to the council in the framework of the annual reporting exercise provided for in article 11 and make them publicly available so that interested stakeholders, including civil society and recipient countries, are also able to express their views on the matter. the european parliament shall discuss the annual reports, taking into consideration the views of all interested parties. 4. the requirements referred to in this article shall apply only to the eib financing operations for which the eib financing application is submitted after 30 october 2011 and which are signed after 1 january 2012. article 8 cooperation with the commission and the eeas 1. the consistency of eib external actions with union external policy objectives shall be strengthened, with a view to maximising synergies between eib financing and union budgetary resources, in particular through the establishment of the regional technical operational guidelines referred to in article 6, as well as through regular and systematic dialogue and early exchange of information on: (a) strategic documents prepared by the commission and/or the eeas as appropriate, such as country and regional strategy papers, indicative programmes, action plans and pre-accession documents; (b) the eibs strategic planning documents and project pipelines; (c) other policy and operational aspects. 2. the cooperation shall be carried out on a region-by-region basis, taking into consideration the eibs role as well as the policies of the union in each region. article 9 cooperation with other public financing institutions 1. eib financing operations shall increasingly be carried out, where appropriate, in cooperation with other ifis or ebfis, in order to maximise synergies, cooperation and efficiency and to ensure prudent and reasonable sharing of risks and coherent project and sector conditionality, in order to minimise possible duplication of costs and unnecessary overlap. 2. the cooperation referred to in paragraph 1 shall be facilitated by coordination, carried out in particular in the context of memoranda of understanding or other union regional cooperation frameworks, where appropriate, between the commission, the eib and the main ifis and ebfis operating in the different regions, whilst taking into account the competences of the eeas. article 10 coverage and terms of the eu guarantee 1. for eib financing operations entered into with a state, or guaranteed by a state, and for other eib financing operations entered into with regional or local authorities, or government-owned and/or government-controlled public enterprises or institutions where such other eib financing operations have an appropriate eib credit risk assessment taking into account the credit risk situation of the country concerned, the eu guarantee shall cover all payments not received by the eib, but due to it (comprehensive guarantee). 2. for the purposes of paragraph 1, the west bank and gaza strip is represented by the palestinian authority and kosovo (6) is represented by the united nations mission in kosovo or by an administration designated in the regional technical operational guidelines referred to in article 6. 3. for eib financing operations other than those indicated in paragraph 1, the eu guarantee shall cover all payments not received by the eib, but due to it, where the non-receipt has been caused by the realisation of one of the following political risks (political risk guarantee): (a) non-transfer of currency; (b) expropriation; (c) war or civil disturbance; (d) denial of justice upon breach of contract. 4. the eib shall, in consultation with the commission, develop a clear and transparent allocation policy for deciding upon the source of financing of operations which are eligible both for coverage by the eu guarantee and for eib own-risk financing. 5. when the eu guarantee is called, the eib shall assign to the union the relevant rights in accordance with the agreement referred to in article 13(2). article 11 annual reporting and accounting 1. the commission shall report annually to the european parliament and to the council on eib financing operations carried out under this decision. the report shall include an assessment of eib financing operations at project, sector, country and regional levels, as well as an assessment of the contribution of those financing operations to the fulfilment of union external policy and strategic objectives. the report shall provide an overview of ongoing projects at an aggregated level. the report shall in particular assess the compliance of eib financing operations with this decision, taking into account the regional technical operational guidelines referred to in article 6, and shall include sections on added value for the achievement of union policy objectives, on the assessment of the estimated development impact at an aggregated level and the extent to which the eib has taken into account environmental and social sustainability in the design and monitoring of the projects financed, as well as on cooperation with the commission and other ifis and ebfis, including co-financing. the report shall in particular include a breakdown of all union financial resources used in combination with eib financing and other donors, thus giving an overview of the financial exposure of financing operations carried out under this decision. moreover, it shall contain a specific section devoted to a detailed evaluation of the measures taken by the eib to comply with article 1(2). 2. the eib shall continue to provide the european parliament, the council and the commission with all its independent evaluation reports which assess the practical results achieved by the specific activities of the eib under the external mandates. 3. for the purposes of paragraph 1, the eib shall provide the commission with yearly reports on eib financing operations carried out under this decision at project, sector, country and regional levels and on the fulfilment of union external policy and strategic objectives, including cooperation with the commission, other ifis and ebfis, as well as a development impact assessment report, as referred to in article 7. any memoranda of understanding between the eib and other ifis or ebfis relating to carrying out financing operations under this decision shall be made public or, where that is not possible, notified to the european parliament and to the council as part of the commissions annual reporting referred to in paragraph 1 of this article. 4. the eib shall provide the commission with statistical, financial and accounting data on each of the eib financing operations, as well as any additional information necessary to fulfil the commissions reporting duties or requests by the court of auditors and an auditors certificate on the outstanding amounts of the eib financing operations. 5. for the purposes of the commissions accounting and reporting of the risks covered by the comprehensive guarantee, as defined in article 10(1), the eib shall provide the commission with the eibs risk assessment and grading information concerning eib financing operations with borrowers or guaranteed obligors other than states. 6. the eib shall provide the information referred to in paragraphs 3, 4 and 5 at its own expense. 7. the eib shall also make publicly available the information referred to in paragraphs 3 and 4, in general terms and excluding any confidential information. 8. information on whether the project is covered by the eu guarantee shall be included in the project summary disclosed on the eib website after the approval stage. 9. the eib shall include in its annual report a follow-up assessment of the functioning of the memorandum of understanding with the european ombudsman in so far as that memorandum concerns eib financing operations covered by this decision. 10. where appropriate, the requirements mentioned in paragraphs 1 and 3 shall apply only to eib financing operations for which the eib financing application is submitted after 30 october 2011 and which are signed after 1 january 2012. article 12 non-cooperative jurisdictions in its financing operations, the eib shall not tolerate any activities carried out for illegal purposes, including money laundering, financing of terrorism, tax fraud and tax evasion. in particular the eib shall not participate in any financing operation implemented in an eligible country through a foreign non-cooperative jurisdiction identified as such by the oecd, the financial action task force or other relevant international organisations. article 13 recovery of payments made by the commission 1. where the commission makes any payment under the eu guarantee, the eib shall, in the name and on behalf of the commission, pursue the recovery of claims for the amounts paid. 2. no later than the date of conclusion of the guarantee agreement referred to in article 14, the commission and the eib shall enter into an agreement laying down the detailed provisions and procedures relating to recovery of claims. 3. in the interests of transparency, the commission shall make publicly available on its website specific information relating to all cases of recoveries under the guarantee agreement referred to in article 14 unless confidentiality is necessary. article 14 guarantee agreement the commission and the eib shall enter into a guarantee agreement laying down the detailed provisions and procedures relating to the eu guarantee and shall inform the european parliament accordingly. article 15 auditing by the court of auditors the eu guarantee and the payments and recoveries under it attributable to the general budget of the european union shall be audited by the court of auditors. article 16 review the commission shall present to the european parliament and to the council a proposal, as appropriate, for establishing the eu guarantee under the next multiannual financial framework. article 17 final reporting by 31 october 2014, the commission shall present to the european parliament and to the council a final report on the application of this decision. article 18 repeal decision no 633/2009/ec is hereby repealed. article 19 entry into force this decision shall enter into force on the third day following its publication in the official journal of the european union. done at strasbourg, 25 october 2011. for the european parliament the president j. buzek for the council the president m. dowgielewicz (1) position of the european parliament of 17 february 2011 (not yet published in the official journal) and position of the council at first reading of 20 september 2011 (not yet published in the official journal). position of the european parliament of 13 october 2011. (2) oj l 190, 22.7.2009, p. 1. (3) oj l 145, 10.6.2009, p. 10. (4) oj l 414, 30.12.2006, p. 95. (5) council decision 2008/847/ec of 4 november 2008 on the eligibility of central asian countries under decision 2006/1016/ec granting a community guarantee to the european investment bank against losses under loans and loan guarantees for projects outside the community (oj l 301, 12.11.2008, p. 13). (6) under united nations security council resolution 1244 (1999). annex i regional ceilings of the general mandate a. pre-accession countries: eur 9 048 000 000 b. neighbourhood and partnership countries: eur 13 548 000 000, broken down into the following indicative sub-ceilings: c. asia and latin america: eur 3 952 000 000, broken down into the following indicative sub-ceilings: d. republic of south africa: eur 936 000 000. within the overall ceiling of the general mandate, the eib governing bodies may decide to reallocate an amount of up to 10 % of the regional ceilings within and between regions. annex ii potentially eligible regions and countries a. pre-accession countries 1. candidates croatia, iceland, the former yugoslav republic of macedonia, montenegro, turkey 2. potential candidates albania, bosnia and herzegovina, kosovo (1), serbia b. neighbourhood and partnership countries 1. mediterranean countries algeria, egypt, the west bank and the gaza strip, israel, jordan, lebanon, libya, morocco, syria, tunisia 2. eastern europe, southern caucasus and russia eastern europe: belarus, republic of moldova, ukraine southern caucasus: armenia, azerbaijan, georgia russia c. asia and latin america 1. latin america argentina, bolivia, brazil, chile, colombia, costa rica, cuba, ecuador, el salvador, guatemala, honduras, mexico, nicaragua, panama, paraguay, peru, uruguay, venezuela 2. asia asia (excluding central asia): afghanistan, bangladesh, bhutan, brunei, cambodia, china (including hong kong and macao special administrative regions), india, indonesia, iraq, laos, malaysia, maldives, mongolia, nepal, pakistan, philippines, singapore, south korea, sri lanka, taiwan, thailand, vietnam, yemen central asia: kazakhstan, kyrgyzstan, tajikistan, turkmenistan, uzbekistan d. south africa republic of south africa (1) under united nations security council resolution 1244 (1999). annex iii eligible regions and countries a. pre-accession countries 1. candidates croatia, iceland, the former yugoslav republic of macedonia, montenegro, turkey 2. potential candidates albania, bosnia and herzegovina, kosovo (1), serbia b. neighbourhood and partnership countries 1. mediterranean countries algeria, egypt, the west bank and the gaza strip, israel, jordan, lebanon, libya, morocco, syria, tunisia 2. eastern europe, southern caucasus and russia eastern europe: republic of moldova, ukraine southern caucasus: armenia, azerbaijan, georgia russia c. asia and latin america 1. latin america argentina, bolivia, brazil, chile, colombia, costa rica, ecuador, el salvador, guatemala, honduras, mexico, nicaragua, panama, paraguay, peru, uruguay, venezuela 2. asia asia (excluding central asia): bangladesh, brunei, cambodia, china (including hong kong and macao special administrative regions), india, indonesia, iraq, laos, malaysia, maldives, mongolia, nepal, pakistan, philippines, singapore, south korea, sri lanka, thailand, vietnam, yemen central asia: kazakhstan, kyrgyzstan, tajikistan, turkmenistan, uzbekistan d. south africa republic of south africa (1) under united nations security council resolution 1244 (1999). annex iv regional policy framework eib activity in partners participating in the pre-accession process takes place in the framework established in the accession and european partnerships which set out the priorities for candidates and potential candidates with a view to making progress in moving closer to the union, and which provide a framework for union assistance. the stabilisation and association process is the union policy framework for the western balkans. it is based on progressive partnership, in which the union offers trade concessions, economic and financial assistance and contractual relationships through stabilisation and association agreements. pre-accession financial assistance, through the ipa, helps the candidates and potential candidates prepare for the obligations and challenges of membership of the union. this assistance supports the reform process, including preparations for eventual membership. it focuses on institution-building, alignment with the acquis of the union, preparation for union policies and instruments and promotion of measures to achieve economic convergence. eib activity in neighbourhood countries takes place in the framework of the european neighbourhood policy, under which the union aims to develop a special relationship with neighbourhood countries with a view to establishing an area of prosperity and good neighbourliness, founded on the values of the union, such as democracy, the rule of law, good governance and respect for human rights, and characterised by close and peaceful relations based on cooperation in accordance with performance-driven differentiation. in the framework of this cooperation, eib financing under this decision will also be targeted at policies promoting inclusive growth and job creation contributing to social stability in line with an incentive-based approach supporting union external policy objectives, including in relation to migration issues. in order to achieve these objectives the union and its partners implement jointly agreed bilateral action plans defining a set of priorities including on political and security issues, trade and economic matters, environmental and social concerns and integration of transport and energy networks. the union for the mediterranean, the union strategy for the danube region, the union strategy for the baltic sea region, the eastern partnership and the black sea synergy are multilateral and regional initiatives complementary to the european neighbourhood policy aimed at fostering cooperation between the european union and the respective group of neighbourhood partner countries facing common challenges and/or sharing a common geographical environment. the union for the mediterranean aims to relaunch the euro-mediterranean integration process by supporting mutual economic, social and environmental development on both sides of the mediterranean and supports improved socioeconomic development, solidarity, regional integration, sustainable development and knowledge building, underlining the need to increase financial cooperation to support regional and trans-national projects. the union for the mediterranean supports, in particular, the creation of maritime and land highways, the de-pollution of the mediterranean, the mediterranean solar energy plan, the mediterranean business development initiative, civil protection initiatives and the euro-mediterranean university. the union strategy for the baltic sea region supports a sustainable environment and optimal economic and social development in the baltic sea region. the union strategy for the danube region supports, in particular, the development of transport, energy connections and security, sustainable environment and socioeconomic development in the danube region. the eastern partnership aims to create the necessary conditions to accelerate political association and further economic integration between the union and eastern partner countries. the russian federation and the union have a wide-ranging strategic partnership, distinct from the european neighbourhood policy and expressed through the common spaces and roadmaps. these are complemented at multilateral level by the northern dimension which provides a framework for cooperation between the union, russia, norway and iceland. eib activity in latin america takes place in the framework of the union, latin america and the caribbean strategic partnership. as highlighted in the september 2009 commission communication the european union and latin america: global players in partnership, the unions priorities in the field of cooperation towards latin america are the promotion of regional integration and the eradication of poverty and social inequality in order to promote sustainable economic and social development. these policy objectives will be fostered taking into account the different level of development of latin america countries. bilateral dialogue will be pursued in areas of common interest for the union and latin america, including environment, climate change, disaster risk reduction and energy, science, research, higher education, technology and innovation. the eib is encouraged to be active in asia both in dynamic emerging economies and in less prosperous countries. in this diverse region, the union is deepening its strategic partnerships with china and india and negotiations are progressing on new partnership and free trade agreements with south-east asian countries. at the same time, development cooperation remains high on the unions agenda with asia; the union development strategy for the asian region aims at eradicating poverty by supporting broad-based sustainable economic growth, promoting a conducive environment and conditions for trade and integration within the region, enhancing governance, increasing political and social stability, and supporting the achievement of the 2015 millennium development goals. policies are being put in place jointly to address common challenges, such as climate change, sustainable development, security and stability, governance and human rights, as well as the prevention of, and response to, natural and human disasters. the union strategy for a new partnership with central asia adopted by the european council in june 2007 has strengthened regional and bilateral dialogue and union cooperation with central asian countries on major issues facing the region, such as poverty reduction, sustainable development and stability. the implementation of the strategy has brought about important advances in the fields of human rights, the rule of law, good governance and democracy, education, economic development, trade and investment, energy and transport and environmental policies. eib activity in south africa takes place in the framework of the eu country strategy paper for south africa. the focal areas identified in that strategy paper are employment creation and capacity development for service delivery and social cohesion. eib activities in south africa have taken place in high complementarity with the commissions development cooperation programme, namely through the eib focus on private sector support and investments in expansion of infrastructure and social services (housing, electric power, drinking water purification and municipal infrastructure). the mid-term review of the eu country strategy paper for south africa has proposed the strengthening of actions in the area of climate-change through activities supporting the creation of green jobs.
name: 2011/654/: decision of the european parliament and of the council of 27 september 2011 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2010/027 nl/noord-brabant division 18 from the netherlands) type: decision subject matter: communications; employment; economic conditions; economic policy; budget; eu finance; regions of eu member states; europe; information and information processing date published: 2011-10-07 7.10.2011 en official journal of the european union l 263/11 decision of the european parliament and of the council of 27 september 2011 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2010/027 nl/noord-brabant division 18 from the netherlands) (2011/654/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 on establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the scope of the egf was broadened for applications submitted from 1 may 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis. (3) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (4) the netherlands submitted an application on 20 december 2010 to mobilise the egf in respect of redundancies in 14 enterprises operating in the nace revision 2 division 18 (printing and reproduction of recorded media) in the nuts ii region of noord-brabant (nl41) in the netherlands and supplemented it by additional information up to 7 march 2011. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission, therefore, proposes to mobilise an amount of eur 667 823. (5) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by the netherlands, have adopted this decision: article 1 for the general budget of the european union for the financial year 2011, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 667 823 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 27 september 2011. for the european parliament the president j. buzek for the council the president m. dowgielewicz (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2011/657/: decision of the european parliament and of the council of 27 september 2011 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2010/030 nl/noord-holland and flevoland division 18 from the netherlands) type: decision subject matter: communications; regions of eu member states; economic policy; budget; employment; economic conditions; information and information processing; eu finance; europe date published: 2011-10-07 7.10.2011 en official journal of the european union l 263/14 decision of the european parliament and of the council of 27 september 2011 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2010/030 nl/noord-holland and flevoland division 18 from the netherlands) (2011/657/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the scope of the egf was broadened for applications submitted from 1 may 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis. (3) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (4) the netherlands submitted an application on 20 december 2010 to mobilise the egf in respect of redundancies in 26 enterprises operating in the nace revision 2 division 18 (printing and reproduction of recorded media) in the nuts ii regions of noord-holland (nl32) and flevoland (nl23) in the netherlands and supplemented it by additional information up to 3 march 2011. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission, therefore, proposes to mobilise an amount of eur 1 849 086. (5) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by the netherlands, have adopted this decision: article 1 for the general budget of the european union for the financial year 2011, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 1 849 086 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 27 september 2011. for the european parliament the president j. buzek for the council the president m. dowgielewicz (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2011/655/: decision of the european parliament and of the council of 27 september 2011 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2010/028 nl/overijssel division 18 from the netherlands) type: decision subject matter: regions of eu member states; eu finance; europe; information and information processing; employment; budget; economic policy; communications; economic conditions date published: 2011-10-07 7.10.2011 en official journal of the european union l 263/12 decision of the european parliament and of the council of 27 september 2011 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2010/028 nl/overijssel division 18 from the netherlands) (2011/655/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the scope of the egf was broadened for applications submitted from 1 may 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis. (3) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (4) the netherlands submitted an application on 20 december 2010 to mobilise the egf in respect of redundancies in nine enterprises operating in the nace revision 2 division 18 (printing and reproduction of recorded media) in the nuts ii region of overijssel (nl21) in the netherlands, and supplemented it by additional information up to 7 march 2011. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission, therefore, proposes to mobilise an amount of eur 718 140. (5) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by the netherlands, have adopted this decision: article 1 for the general budget of the european union for the financial year 2011, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 718 140 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 27 september 2011. for the european parliament the president j. buzek for the council the president m. dowgielewicz (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2011/658/: decision of the european parliament and of the council of 27 september 2011 on mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2011/000 ta 2011 technical assistance at the initiative of the commission) type: decision subject matter: eu finance; employment; budget; economic policy; economic conditions date published: 2011-10-07 7.10.2011 en official journal of the european union l 263/15 decision of the european parliament and of the council of 27 september 2011 on mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2011/000 ta 2011 technical assistance at the initiative of the commission) (2011/658/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (2), and in particular article 8(2) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support to redundant workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the scope of the egf was broadened for applications submitted from 1 may 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis. (3) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (4) regulation (ec) no 1927/2006 provides that 0,35 % of the annual maximum amount can be made available each year for technical assistance at the initiative of the commission. the commission therefore proposes to mobilise an amount of eur 610 000. (5) the egf should, therefore, be mobilised in order to provide technical assistance at the initiative of the commission, have adopted this decision: article 1 for the general budget of the european union for the financial year 2011, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 610 000 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 27 september 2011. for the european parliament the president j. buzek for the council the president m. dowgielewicz (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2011/535/eu: decision of the european parliament and of the council of 6 july 2011 on mobilisation of the european union solidarity fund, in accordance with point 26 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management type: decision subject matter: deterioration of the environment; europe; eu finance; cooperation policy date published: 2011-09-13 13.9.2011 en official journal of the european union l 236/6 decision of the european parliament and of the council of 6 july 2011 on mobilisation of the european union solidarity fund, in accordance with point 26 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (2011/535/eu) the european parliament and the council of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof, having regard to council regulation (ec) no 2012/2002 of 11 november 2002 establishing the european union solidarity fund (2), having regard to the proposal from the european commission, whereas: (1) the european union has created a european union solidarity fund (the fund) to show solidarity with the population of regions struck by disasters. (2) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the fund within the annual ceiling of eur 1 billion. (3) regulation (ec) no 2012/2002 contains the provisions whereby the fund may be mobilised. (4) slovenia, croatia and the czech republic submitted their application to mobilise the fund, concerning disaster caused by heavy flooding, have adopted this decision: article 1 for the general budget of the european union for the financial year 2011, the european union solidarity fund shall be mobilised to provide the sum of eur 19 546 647 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 6 july 2011. for the european parliament the president j. buzek for the council the president m. dowgielewicz (1) oj c 139, 14.6.2006, p. 1. (2) oj l 311, 14.11.2002, p. 3.
name: 2011/470/eu: decision of the european parliament and of the council of 6 july 2011 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2010/031 be/general motors belgium from belgium) type: decision subject matter: employment; economic policy; labour market; europe; economic conditions date published: 2011-07-27 27.7.2011 en official journal of the european union l 195/54 decision of the european parliament and of the council of 6 july 2011 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2010/031 be/general motors belgium from belgium) (2011/470/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the scope of the egf was broadened for applications submitted from 1 may 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis. (3) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (4) belgium submitted an application on 20 december 2010 to mobilise the egf in respect of redundancies in the enterprise general motors belgium and four of its suppliers, and supplemented it by additional information up to 24 january 2011. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission, therefore, proposes to mobilise an amount of eur 9 593 931. (5) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by belgium, have adopted this decision: article 1 for the general budget of the european union for the financial year 2011, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 9 593 931 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 6 july 2011. for the european parliament the president j. buzek for the council the president m. dowgielewicz (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2011/468/eu: decision of the european parliament and of the council of 6 july 2011 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2010/025 dk/odense steel shipyard from denmark) type: decision subject matter: economic policy; labour market; europe; economic conditions; employment date published: 2011-07-27 27.7.2011 en official journal of the european union l 195/52 decision of the european parliament and of the council of 6 july 2011 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2010/025 dk/odense steel shipyard from denmark) (2011/468/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the scope of the egf was broadened for applications submitted from 1 may 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis. (3) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (4) denmark submitted an application on 6 october 2010 to mobilise the egf, in respect of redundancies in the enterprise odense steel shipyard and supplemented it by additional information up to 8 march 2011. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission, therefore, proposes to mobilise an amount of eur 14 181 901. (5) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by denmark, have adopted this decision: article 1 for the general budget of the european union for the financial year 2011, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 14 181 901 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 6 july 2011. for the european parliament the president j. buzek for the council the president m. dowgielewicz (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2011/249/eu: decision of the european parliament and of the council of 5 april 2011 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2010/013 pl/podkarpackie manufacture of machinery) type: decision subject matter: europe; economic policy; eu institutions and european civil service; management; employment; budget; eu finance date published: 2011-04-20 20.4.2011 en official journal of the european union l 104/45 decision of the european parliament and of the council of 5 april 2011 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2010/013 pl/podkarpackie manufacture of machinery) (2011/249/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the scope of the egf was broadened for applications submitted from 1 may 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis. (3) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (4) poland submitted an application on 27 april 2010 to mobilise the egf in respect of redundancies in three enterprises operating in the nace revision 2 division 28 (manufacture of machinery and equipment) in the nuts ii region of podkarpackie (pl32) and supplemented it with additional information up to 4 august 2010. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission, therefore, proposes to mobilise an amount of eur 453 570. (5) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by poland, have adopted this decision: article 1 for the general budget of the european union for the financial year 2011, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 453 570 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 5 april 2011. for the european parliament the president j. buzek for the council the president gy ri e. (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2011/233/eu: decision of the european parliament and of the council of 5 april 2011 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2010/010 cz/unilever from the czech republic) type: decision subject matter: economic policy; management; budget; employment; eu finance; eu institutions and european civil service; europe date published: 2011-04-13 13.4.2011 en official journal of the european union l 98/13 decision of the european parliament and of the council of 5 april 2011 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2010/010 cz/unilever from the czech republic) (2011/233/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the scope of the egf was broadened for applications submitted from 1 may 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis. (3) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (4) the czech republic submitted an application on 24 march 2010 to mobilise the egf in respect of redundancies in unilever r spol.s r.o. and supplemented it with additional information up to 20 september 2010. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission, therefore, proposes to mobilise an amount of eur 323 820. (5) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by the czech republic, have adopted this decision: article 1 for the general budget of the european union for the financial year 2011, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 323 820 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 5 april 2011. for the european parliament the president j. buzek for the council the president gy ri e. (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2010/805/eu: decision of the european parliament and of the council of 15 december 2010 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2010/004 pl/wielkopolskie automotive from poland) type: decision subject matter: eu institutions and european civil service; europe; economic policy; employment; eu finance; management date published: 2010-12-28 28.12.2010 en official journal of the european union l 342/17 decision of the european parliament and of the council of 15 december 2010 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2010/004 pl/wielkopolskie automotive from poland) (2010/805/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the scope of the egf was broadened for applications submitted from 1 may 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis. (3) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (4) poland submitted an application on 5 february 2010 to mobilise the egf in respect of redundancies in two enterprises operating in nace revision 2 division 29 (manufacture of motor vehicles, trailers and semi-trailers) in the nuts ii region of wielkopolskie (pl41) and supplemented it with additional information up to 6 july 2010. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission, therefore, proposes to mobilise an amount of eur 633 077. (5) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by poland, have adopted this decision: article 1 for the general budget of the european union for the financial year 2010, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 633 077 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 15 december 2010. for the european parliament the president j. buzek for the council the president o. chastel (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2010/806/eu: decision of the european parliament and of the council of 15 december 2010 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2010/005 es/comunidad valenciana natural stone from spain) type: decision subject matter: economic policy; employment; management; eu finance; europe; eu institutions and european civil service date published: 2010-12-28 28.12.2010 en official journal of the european union l 342/18 decision of the european parliament and of the council of 15 december 2010 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2010/005 es/comunidad valenciana natural stone from spain) (2010/806/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the scope of the egf was broadened for applications submitted from 1 may 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis. (3) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (4) spain submitted an application on 9 march 2010 to mobilise the egf, in respect of redundancies in 66 enterprises operating in nace revision 2 division 23 (manufacture of other non-metallic mineral products) in a single nuts ii region, comunidad valenciana (es52), and supplemented it with additional information up to 25 may 2010. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission therefore proposes to mobilise an amount of eur 1 422 850. (5) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by spain, have adopted this decision: article 1 for the general budget of the european union for the financial year 2010, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 1 422 850 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 15 december 2010. for the european parliament the president j. buzek for the council the president o. chastel (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2010/743/eu: decision of the european parliament and of the council of 24 november 2010 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2009/029 nl/gelderland and overijssel division 18 from the netherlands) type: decision subject matter: eu institutions and european civil service; economic policy; employment; eu finance; europe; management; budget date published: 2010-12-04 4.12.2010 en official journal of the european union l 318/40 decision of the european parliament and of the council of 24 november 2010 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2009/029 nl/gelderland and overijssel division 18 from the netherlands) (2010/743/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the scope of the egf was broadened for applications submitted from 1 may 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis. (3) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (4) the netherlands submitted an application on 30 december 2009 to mobilise the egf, in respect of redundancies in 45 enterprises operating in nace revision 2 division 18 (printing and reproduction of recorded media) in the two contiguous nuts ii regions gelderland (nl22) and overijssel (nl21) and supplemented it with additional information up to 6 may 2010. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission, therefore, proposes to mobilise an amount of eur 2 013 619. (5) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by the netherlands, have adopted this decision: article 1 for the general budget of the european union for the financial year 2010, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 2 013 619 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 24 november 2010. for the european parliament the president j. buzek for the council the president o. chastel (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2010/744/eu: decision of the european parliament and of the council of 24 november 2010 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2009/026 nl/noord holland and utrecht division 18 from the netherlands) type: decision subject matter: economic policy; eu institutions and european civil service; europe; budget; employment; management; eu finance date published: 2010-12-04 4.12.2010 en official journal of the european union l 318/41 decision of the european parliament and of the council of 24 november 2010 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (application egf/2009/026 nl/noord holland and utrecht division 18 from the netherlands) (2010/744/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market. (2) the scope of the egf was broadened for applications submitted from 1 may 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis. (3) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (4) the netherlands submitted an application on 30 december 2009 to mobilise the egf, in respect of redundancies in 79 enterprises operating in nace revision 2 division 18 (printing and reproduction of recorded media) in the two contiguous nuts ii regions noord holland (nl32) and utrecht (nl31) and supplemented it with additional information up to 6 may 2010. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission, therefore, proposes to mobilise an amount of eur 2 266 625. (5) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by the netherlands, have adopted this decision: article 1 for the general budget of the european union for the financial year 2010, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 2 266 625 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 24 november 2010. for the european parliament the president j. buzek for the council the president o. chastel (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: decision no 938/2010/eu of the european parliament and of the council of 20 october 2010 providing macro-financial assistance to the republic of moldova type: decision subject matter: economic policy; europe; economic analysis; cooperation policy; economic conditions; european construction date published: 2010-10-21 21.10.2010 en official journal of the european union l 277/1 decision no 938/2010/eu of the european parliament and of the council of 20 october 2010 providing macro-financial assistance to the republic of moldova the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 212 thereof, having regard to the proposal from the european commission, after transmission of the draft legislative act to the national parliaments, acting in accordance with the ordinary legislative procedure (1), whereas: (1) relations between the republic of moldova (moldova) and the european union are developing within the framework of the european neighbourhood policy. in 2005, the community and moldova agreed on a european neighbourhood policy action plan identifying medium-term priorities in eu-moldova relations. the framework of those bilateral relations is further enhanced by the recently launched eastern partnership. in january 2010 the european union and moldova started negotiating an association agreement that is expected to replace the existing partnership and cooperation agreement. (2) the moldovan economy has been severely affected by the international financial crisis, with dramatically declining output, a deteriorating fiscal position and rising external financing needs. (3) moldovas economic stabilisation and recovery are supported by financial assistance from the international monetary fund (imf). the imf financing arrangement for moldova was approved on 29 january 2010. (4) moldova has requested union macro-financial assistance in view of the deteriorating economic situation and outlook. (5) given that a residual financing gap in 2010-2011 remains in moldovas balance of payments, macro-financial assistance is considered an appropriate response to moldovas request to support economic stabilisation in conjunction with the current imf programme. this macro-financial assistance is also expected to contribute to alleviating the external financing needs of the state budget. (6) the union macro-financial assistance should not merely supplement programmes and resources from the imf and the world bank, but should ensure the added value of union involvement. (7) the commission should ensure that the union macro-financial assistance is legally and substantially in line with the measures taken within the different areas of external action and other relevant union policies. (8) the specific objectives of the union macro-financial assistance should strengthen efficiency, transparency and accountability. these objectives should be regularly monitored by the commission. (9) the conditions underlying the provision of the union macro-financial assistance should reflect key principles and objectives of union policy towards moldova. (10) in order to ensure efficient protection of the unions financial interests linked to this macro-financial assistance, it is necessary that moldova adopt appropriate measures relating to the prevention of, and the fight against, fraud, corruption and any other irregularities linked to this assistance. it is also necessary that the commission provide for appropriate controls and that the court of auditors provide for appropriate audits. (11) the release of the union macro-financial assistance is without prejudice to the powers of the budgetary authority. (12) the union macro-financial assistance should be managed by the commission. in order to ensure that the european parliament and the economic and financial committee are able to follow the implementation of this decision, the commission should regularly inform them of developments relating to the assistance and provide them with relevant documents. (13) according to article 291 of the treaty on the functioning of the european union, rules and general principles concerning mechanisms for the control by member states of the commissions exercise of implementing powers are to be laid down in advance by a regulation adopted in accordance with the ordinary legislative procedure. pending the adoption of that new regulation, council decision 1999/468/ec of 28 june 1999 laying down the procedures for the exercise of implementing powers conferred on the commission (2) continues to apply, with the exception of the regulatory procedure with scrutiny, which is not applicable, have adopted this decision: article 1 1. the union shall make available to moldova macro-financial assistance in the form of a grant of a maximum amount of eur 90 million with a view to supporting moldovas economic stabilisation and alleviating its balance of payments and budgetary needs, as identified in the current imf programme. 2. the release of the union macro-financial assistance shall be managed by the commission in a manner consistent with the agreements or understandings reached between the imf and moldova and with the key principles and objectives of economic reform set out in the eu-moldova partnership and cooperation agreement and action plan. the commission shall regularly inform the european parliament and the economic and financial committee of developments in the management of the assistance and provide them with relevant documents. 3. the union macro-financial assistance shall be made available for two years and six months starting from the first day after the entry into force of the memorandum of understanding referred to in article 2(1). article 2 1. the commission, acting in accordance with the advisory procedure referred to in article 5(2), shall be empowered to agree with the moldovan authorities on the economic policy conditions attached to the union macro-financial assistance, to be laid down in a memorandum of understanding which shall include a timeframe for their fulfilment (hereinafter the memorandum of understanding). the conditions shall be consistent with the agreements or understandings reached between the imf and moldova and with the key principles and objectives of economic reform set out in the eu- moldova partnership and cooperation agreement and action plan. these principles and objectives aim at strengthening the efficiency, transparency and accountability of the assistance, including in particular public finance management systems in moldova. progress in attaining those objectives shall be regularly monitored by the commission. the detailed financial terms of the assistance shall be laid down in a grant agreement to be agreed between the commission and the moldovan authorities. 2. during the implementation of the union macro-financial assistance, the commission shall monitor the soundness of the financial arrangements, administrative procedures and internal and external control mechanisms in moldova which are relevant to such assistance and the adherence to the agreed timeframe. 3. the commission shall verify at regular intervals that moldovas economic policies are in accordance with the objectives of the union macro-financial assistance and that the agreed economic policy conditions are being satisfactorily fulfilled. to this end the commission shall coordinate closely with the imf and the world bank, and, when required, with the economic and financial committee. article 3 1. subject to the conditions of paragraph 2, the union macro-financial assistance to moldova shall be made available by the commission in not less than three grant instalments. the size of each instalment shall be laid down in the memorandum of understanding. 2. the commission shall decide on the release of the instalments subject to satisfactory implementation of the economic policy conditions agreed in the memorandum of understanding. the disbursement of the second and the subsequent instalments shall not take place earlier than three months after the release of the previous instalment. 3. the union funds shall be paid to the national bank of moldova. subject to provisions to be agreed in the memorandum of understanding, including a confirmation of residual budgetary financing needs, the union funds may be transferred to the state treasury of moldova as the final beneficiary. article 4 the union macro-financial assistance shall be implemented in accordance with the provisions of council regulation (ec, euratom) no 1605/2002 of 25 june 2002 on the financial regulation applicable to the general budget of the european communities (3) and its implementing rules (4). in particular, the memorandum of understanding and the grant agreement to be agreed with the moldovan authorities shall provide for specific measures to be implemented by moldova in relation to the prevention of, and the fight against, fraud, corruption and other irregularities affecting the assistance. in order to ensure greater transparency in the management and disbursement of the union funds, the memorandum of understanding and the grant agreement shall also provide for controls including on-the-spot checks and inspections, to be carried out by the commission, including the european anti-fraud office. they shall in addition provide for audits, including where appropriate on-the-spot audits, by the court of auditors. article 5 1. the commission shall be assisted by a committee. 2. where reference is made to this paragraph, articles 3 and 7 of decision 1999/468/ec shall apply, having regard to the provisions of article 8 thereof. article 6 1. by 31 august of each year the commission shall submit to the european parliament and to the council a report on the implementation of this decision in the preceding year, including an evaluation thereof. the report shall indicate the connection between the policy conditions as laid down in the memorandum of understanding, moldovas ongoing economic and fiscal performance, and the commissions decision to release the instalments of the assistance. 2. no later than two years after the expiry of the availability period referred to in article 1(3), the commission shall submit to the european parliament and to the council an ex post evaluation report. article 7 this decision shall enter into force on the day following its publication in the official journal of the european union. done at strasbourg, 20 october 2010. for the european parliament the president j. buzek for the council the president o. chastel (1) position of the european parliament of 7 september 2010 (not yet published in the official journal) and decision of the council of 11 october 2010. (2) oj l 184, 17.7.1999, p. 23. (3) oj l 248, 16.9.2002, p. 1. (4) commission regulation (ec, euratom) no 2342/2002 of 23 december 2002 laying down detailed rules for the implementation of council regulation (ec, euratom) no 1605/2002 on the financial regulation applicable to the general budget of the european communities (oj l 357, 31.12.2002, p. 1).
name: 2010/201/: decision of the european parliament and of the council of 9 march 2010 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management type: decision subject matter: mechanical engineering; employment; europe date published: 2010-04-08 8.4.2010 en official journal of the european union l 88/14 decision of the european parliament and of the council of 9 march 2010 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (2010/201/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support to redundant workers who suffer from the consequences of major structural changes in world trade patterns and to assist them with their reintegration into the labour market. (2) the scope of the egf was broadened for applications submitted from 1 may 2009 to include support for workers made redundant as a direct result of the global financial and economic crisis. (3) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (4) germany submitted an application to mobilise the egf, in respect of redundancies in the automotive manufacturing sector, on 13 august 2009 and supplemented it by additional information up to 23 october 2009. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006, therefore the commission proposes to deploy an amount of eur 6 199 341. (5) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by germany, have adopted this decision: article 1 for the general budget of the european union for the financial year 2010, the european globalisation adjustment fund (egf) shall be mobilised to provide the sum of eur 6 199 341 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 9 march 2010. for the european parliament the president j. buzek for the council the president m. . moratinos (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2010/202/: decision of the european parliament and of the council of 9 march 2010 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management type: decision subject matter: employment; europe; electronics and electrical engineering date published: 2010-04-08 8.4.2010 en official journal of the european union l 88/15 decision of the european parliament and of the council of 9 march 2010 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (2010/202/eu) the european parliament and the council of the european union, having regard to the treaty on the functioning of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the european commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support to redundant workers who suffer from the consequences of major structural changes in world trade patterns and to assist them with their reintegration into the labour market. (2) the scope of the egf was broadened for applications submitted from 1 may 2009 to include support for workers made redundant as a result of the global financial and economic crisis. (3) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (4) lithuania submitted an application to mobilise the egf, in respect of redundancies in snaig plc and two of its suppliers, on 23 july 2009. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006, therefore the commission proposes to deploy an amount of eur 258 163. (5) the egf should, therefore, be mobilised in order to provide a financial contribution for the application submitted by lithuania, have adopted this decision: article 1 for the general budget of the european union for the financial year 2010, the european globalisation adjustment fund (egf) shall be mobilised to provide the sum of eur 258 163 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 9 march 2010. for the european parliament the president j. buzek for the council the president m. . moratinos (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2009/931/ec: decision of the european parliament and of the council of 25 november 2009 on mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management type: decision subject matter: leather and textile industries; europe; employment; management; eu finance date published: 2009-12-11 11.12.2009 en official journal of the european union l 325/1 decision of the european parliament and of the council of 25 november 2009 on mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (2009/931/ec) the european parliament and the council of the european union, having regard to the treaty establishing the european community, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the commission, whereas: (1) the european globalisation adjustment fund (egf) was established to provide additional support to redundant workers who suffer from the consequences of major structural changes in world trade patterns and to assist them with their reintegration into the labour market. (2) the scope of the egf was broadened for applications submitted from 1 may 2009 to include support for workers made redundant as a result of the global financial and economic crisis. (3) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the egf within the annual ceiling of eur 500 million. (4) belgium submitted two applications to mobilise the egf, in respect of redundancies in the textiles sector, on 5 may 2009. these applications comply with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006, therefore the commission proposes to deploy an amount of eur 9 198 874. (5) ireland submitted an application to mobilise the egf, in respect of redundancies in the computer manufacturing industry, on 29 june 2009. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006, therefore the commission proposes to deploy an amount of eur 14 831 050. (6) the egf should, therefore, be mobilised in order to provide a financial contribution for the applications submitted by belgium and ireland, have decided as follows: article 1 for the general budget of the european union for the financial year 2009, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 24 029 924 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 25 november 2009. for the european parliament the president j. buzek for the council the president . torstensson (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2009/496/ec,euratom: decision of the european parliament, the council, the commission, the court of justice, the court of auditors, the european economic and social committee and the committee of the regions of 26 june 2009 on the organisation and operation of the publications office of the european union type: decision subject matter: eu institutions and european civil service; politics and public safety date published: 2009-06-30 30.6.2009 en official journal of the european union l 168/41 decision of the european parliament, the council, the commission, the court of justice, the court of auditors, the european economic and social committee and the committee of the regions of 26 june 2009 on the organisation and operation of the publications office of the european union (2009/496/ec, euratom) the european parliament, the council, the commission, the court of justice, the court of auditors, the european economic and social committee, the committee of the regions, having regard to the treaty on european union, having regard to the treaty establishing the european community, having regard to the treaty establishing the european atomic energy community, whereas: (1) article 8 of the decision of the representatives of the governments of the member states of 8 april 1965 on the provisional location of certain institutions and departments of the communities (1) provided for an office for official publications of the communities (hereinafter the office) to be located in luxembourg. that provision was last implemented by decision 2000/459/ec, ecsc, euratom (2). (2) the rules and regulations applicable to officials and other servants of the european communities apply to the office. account should be taken of the recent amendments to those rules and regulations. (3) council regulation (ec, euratom) no 1605/2002 of 25 june 2002 on the financial regulation applicable to the general budget of the european communities (3) (hereinafter the financial regulation) contains specific provisions concerning the operation of the office. (4) major technological advances are taking place in publishing and these need to be taken into account in the way the office operates. (5) for the sake of clarity, it is appropriate to repeal decision 2000/459/ec, ecsc, euratom and to replace it by this decision, have decided as follows: article 1 the publications office 1. the task of the publications office of the european union (hereinafter the office), which is an interinstitutional office, shall be to publish the publications of the institutions of the european communities and the european union under optimum conditions. to this end it shall, firstly, enable the institutions to fulfil their obligations to publish legislative texts and, secondly, contribute to the technical formulation and implementation of information and communication policies within its areas of competence. 2. the office shall be managed by its director following the strategic guidelines set by the management committee. apart from the provisions of this decision which are specific to the interinstitutional role of the office, the office shall apply the administrative and financial procedures of the commission. in establishing those procedures, the commission shall take account of the specific nature of the office. article 2 definitions for the purposes of this decision, the following definitions shall apply: 1. publishing means any action necessary for the design, checking, allocation of international standard numbers and/or catalogue numbers, production, cataloguing, indexation, distribution, promotion, sale, storage and archiving of publications in any shape or form and by any means, present or future; 2. publications means all texts, published on whatever medium and in whatever format, bearing an international standard number and/or a catalogue number; 3. mandatory publications means publications published pursuant to the treaties or other legislative texts; 4. non-mandatory publications means any publications edited under the prerogatives of any institution; 5. management of copyright means that the author services hold the copyright or the right to reuse and includes the management of those rights by the office in respect of the publications entrusted to the office for publishing; 6. net receipts from sales means the total sum of invoices, minus trade discounts granted and management, collection and banking costs; 7. institutions means the institutions, bodies, offices and agencies established by or under the treaties. article 3 scope of competence of the office 1. the office shall have competence for the following: (a) publishing the official journal of the european union (hereinafter official journal) and guaranteeing that it is authentic; (b) publishing the other mandatory publications; (c) publishing or co-publishing non-mandatory publications entrusted to the office under the prerogatives of each institution, in particular in the context of the institutions communication activities; (d) publishing or co-publishing publications on its own initiative, including publications intended to promote its own services; in this context, the office may procure translations by means of a service contract; (e) developing, maintaining and updating electronic publishing services for the public; (f) making all legislation and other official texts available to the public; (g) preserving all publications of the institutions and making them available to the public in electronic form; (h) allocating international standard numbers and/or catalogue numbers to the institutions publications; (i) managing reproduction and translation rights in respect of the institutions publications; (j) promoting and selling the publications and services which it offers to the public. 2. the office shall provide advice and assistance to the institutions for: (a) programming and planning their publications programmes; (b) implementing their publishing projects, whatever the publishing medium; (c) providing page make-up and design for their publishing projects; (d) providing information on trends in the publications market in the member states and on the subjects likely to find the widest audience; (e) deciding print-runs and establishing distribution plans; (f) pricing and selling publications; (g) promoting, distributing and evaluating their publications, whether free of charge or offered for sale; (h) analysing, evaluating and setting up websites and web services for the public; (i) drafting framework contracts for publishing activities; (j) providing technological supervision of publishing systems. article 4 responsibilities of the institutions 1. each institution shall have exclusive competence to take decisions on the publishing of its own publications. 2. the institutions shall use the services of the office to publish their mandatory publications. 3. the institutions may publish their non-mandatory publications without the involvement of the office. in that case, they shall ask the office for international standard numbers and/or catalogue numbers and give the office an electronic version of the publication, whatever its format, as well as two paper copies of the publication where appropriate. 4. the institutions shall undertake to guarantee all reproduction, translation and distribution rights in respect of all the constituent elements of a publication. 5. the institutions shall undertake to establish a distribution plan, approved by the office, for their publications. 6. the institutions may conclude service agreements with the office in order to define the methods of their cooperation. article 5 tasks of the office 1. tasks performed by the office shall include the following: (a) the collation of documents for publication; (b) the preparation, graphic design, correction, page make-up and verification of the texts and other components, in whatever format and on whatever medium, as instructed by the institutions and in compliance with the typographical and linguistic presentation requirements established in cooperation with the institutions; (c) the indexation and cataloguing of publications; (d) the documentary analysis of texts published in the official journal and other official texts; (e) the consolidation of legislative texts; (f) the management, development, updating and distribution of the eurovoc multilingual thesaurus; (g) the organisation of printing by its service providers; (h) the monitoring of the performance of work; (i) quality control; (j) acceptance as regards quality and quantity; (k) the physical and electronic distribution of the official journal, official texts other than those published in the official journal and other non-mandatory publications; (l) storage; (m) physical and electronic archiving; (n) the reprinting of publications that are out of print and printing on request; (o) the creation of a consolidated catalogue of the institutions publications; (p) the sale, including the issue of invoices, collection and transfer of revenue, and management of claims; (q) promotion; (r) the creation, purchase, management, updating, monitoring and supervision of the mailing lists of the institutions and the creation of targeted mailing lists; 2. within the framework of its own powers or on the basis of the delegation of authorising officer powers by the institutions, the office shall be responsible for: (a) public procurement, including entering into legally binding commitments; (b) financial oversight of contracts with suppliers; (c) settlement of expenditure, including acceptance as regards quality and quantity, expressed by signing an authorisation for payment; (d) authorisation of expenditure; (e) revenue operations. article 6 management committee 1. a management committee shall be established within which all the signatory institutions are represented. the management committee shall be made up of the registrar of the court of justice, the deputy secretary-general of the council and the secretaries-general of the other institutions or their representatives. the european central bank shall take part in the work of the management committee as an observer. 2. the management committee shall designate a chairperson, to be chosen among its members, for a period of two years. 3. the management committee shall meet at least four times a year at the initiative of its chairperson or at the request of an institution. 4. the management committee shall adopt its rules of procedure, which shall be published in the official journal. 5. the management committees decisions shall be taken by simple majority, except where otherwise provided. 6. each institution which is a signatory to this decision shall have one vote on the management committee. article 7 tasks and responsibilities of the management committee 1. by way of derogation from article 6, the management committee shall, by unanimous decision, in the common interest of the institutions and within the scope of competence of the office, adopt the following decisions: (a) on the basis of a proposal from the director, it shall adopt the strategic objectives of the office and the rules governing its operation; (b) it shall set the guidelines for the general policies of the office, particularly as regards sales, distribution and publishing, and shall ensure that the office contributes to the formulation and implementation of information and communication policies within its areas of competence; (c) on the basis of a draft prepared by the director of the office, it shall adopt an annual management report to the institutions concerning the implementation of the strategy and services supplied by the office; by 1 may of each year, it shall send its report on the financial year just ended to the institutions; (d) it shall approve the estimates of the offices revenue and expenditure under the budget procedure for the offices administrative budget; (e) it shall approve the criteria by which the office conducts its cost accounting, which the director of the office shall adopt; (f) it shall submit to the institutions any suggestions it has for improving the smooth running of the office. 2. the management committee shall take account of the guidelines produced by the interinstitutional bodies on communication and information set up for this purpose. the chairperson of the management committee shall communicate with these bodies every year. 3. the contact person with discharge authority for strategic decisions within the areas of competence of the office shall be the chairperson of the management committee in his capacity as representative of interinstitutional cooperation. 4. the chairperson of the management committee and the director of the office shall by common agreement draw up mutual information and communication rules to formalise their relations. this agreement shall be sent to the members of the management committee for information. article 8 director of the office the director of the office shall be responsible for the smooth running of the office, acting under the authority of the management committee and within its scope of competence. for the application of administrative and financial procedures, he shall act under the authority of the commission. article 9 tasks and responsibilities of the director of the office 1. the director of the office shall provide the secretariat for the management committee and shall submit quarterly reports to the management committee on the performance of his duties. 2. the director of the office shall submit to the management committee any proposal for improving the smooth running of the office. 3. after consulting the management committee for advice, the director of the office shall determine the types of service which the office may perform against payment for the institutions, and the corresponding charges. 4. the director of the office shall, after obtaining the approval of the management committee, determine the criteria by which the office is to conduct its cost accounting. he shall define the procedures for accounting cooperation between the office and the institutions in agreement with the commission accounting officer. 5. the director of the office shall draw up draft estimates of the offices revenue and expenditure under the budget procedure for the offices administrative budget. after approval by the management committee, these proposals shall be submitted to the commission. 6. the director of the office shall decide whether, and in accordance with what procedures, publications from third parties may be published. 7. the director of the office shall take part in interinstitutional activities concerning information and communication within the areas of competence of the office. 8. as regards the publishing of legislation and official documents relating to the legislative procedure, including the official journal, the director of the office shall: (a) ensure that the competent authorities in each institution take the basic decisions that are to be applied jointly; (b) submit proposals for improving the structure and presentation of the official journal and official legislative texts; (c) submit proposals to the institutions for harmonising the presentation of texts for publication; (d) examine any difficulties encountered in the course of day-to-day operations, draft, within the context of the office, the necessary instructions and suggest to the institutions appropriate recommendations in order to overcome such difficulties. 9. the director of the office shall, in accordance with the financial regulation, draw up an annual activity report covering the management of funds assigned by the commission and other institutions under the financial regulation. the report shall be addressed to the commission and the institutions concerned and, for information, to the management committee. 10. for the purposes of the assignment of commission funds and implementation of the budget, information and consultation procedures between the commissioner responsible for relations with the office and the director of the office shall be established by common agreement. 11. the director of the office shall be responsible for implementing the strategic objectives adopted by the management committee and for the sound management of the office and its activities as well as the management of its budget. 12. should the director of the office be absent or unavailable, the deputisation rules based on grade and seniority shall apply unless the management committee, on a proposal from its chairperson or the director of the office, decides on a different order. 13. the director of the office shall inform the institutions about the planning and use of resources and the progress of work in a quarterly report. article 10 staff 1. the commission, having obtained the unanimous approval of the management committee, shall make appointments to the posts of director-general and director. the commissions rules on mobility and evaluation of senior management shall apply to the director-general and directors (grades ad 16/ad 15/ad 14). when the mobility deadline normally provided for in the relevant rules is approaching for an official occupying such a post, the commission shall inform the management committee, which may issue a unanimous opinion on the case. 2. the management committee shall be closely involved in any procedures that have to be completed before the appointment of officials or other servants to the posts of director-general (grades ad 16/ad 15) and director (grades ad 15/ad 14) at the office, especially in drafting vacancy notices, examining applications and appointing competition selection boards in relation to those posts. 3. the powers of the appointing authority and those of the authority empowered to conclude contracts of employment in respect of officials and other servants assigned to the office shall be exercised by the commission. the commission may delegate some of its powers within the commission and to the director of the office. such delegation shall be effected under the same conditions as for commission directors-general. 4. subject to paragraph 2, the provisions and procedures adopted by the commission to implement the staff regulations of officials and the conditions of employment of other servants of the european communities shall apply to officials and other servants assigned to the office under the same conditions as for commission officials and other servants serving in luxembourg. 5. the officials of all the institutions shall be informed of any post vacant within the office for which a vacancy notice is to be published, as soon as the appointing authority or the authority empowered to conclude contracts of employment decides to fill that post. 6. the director of the office shall report to the management committee on staff management on a quarterly basis. article 11 financial aspects 1. the appropriations allocated to the office, the total amount of which shall be shown under a separate heading within the section of the budget relating to the commission, shall be set out in detail in an annex to that section. this annex shall be in the form of a statement of revenue and expenditure subdivided in the same way as the sections of the budget. 2. the establishment plan of the office shall be set out in an annex to the establishment plan of the commission. 3. each institution shall be authorising officer for the relevant appropriations under the publishing expenditure heading in its budget. 4. each institution may delegate authorising officer powers to the director of the office for the management of appropriations entered in its section and shall set the limits and conditions for this delegation of powers in accordance with the financial regulation. the director of the office shall report to the management committee on such delegation of powers on a quarterly basis. 5. the budgetary and financial management of the office, including management of the appropriations assigned by institutions other than the commission, shall be conducted in compliance with the financial regulation and its implementing provisions and the financial framework in force at the commission. 6. the offices accounts shall be drawn up in accordance with the accounting rules and methods approved by the commission accounting officer. the office shall keep separate accounts for the sale of the official journal and publications. net receipts from sales shall be passed on to the institutions. article 12 oversight 1. the function of internal auditor shall be performed at the office by the commission internal auditor, in accordance with the financial regulation. the office shall establish an internal audit capability using arrangements similar to those for the commissions directorates-general and departments. the institutions may ask the director of the office to include specific audits in the work programme of the offices internal audit capability. 2. the office shall answer any questions falling within its competence in connection with the remit of the european anti-fraud office (olaf). in order to protect the interests of the european union, an agreement setting out mutual information arrangements shall be drawn up between the chairperson of the management committee and the director of olaf. article 13 complaints and requests 1. within the limits of its competence, the office shall be responsible for answering questions from the european ombudsman and the european data protection supervisor. 2. any legal action within the areas of competence of the office shall be brought against the commission. article 14 public access to documents 1. the director of the office shall take the decisions referred to in article 7 of regulation (ec) no 1049/2001 of the european parliament and of the council of 30 may 2001 regarding public access to european parliament, council and commission documents (4). where applications are refused, decisions on confirmatory applications shall be taken by the secretary-general of the commission. 2. the office shall keep a register of documents in accordance with article 11 of regulation (ec) no 1049/2001. article 15 repeal decision 2000/459/ec, ecsc, euratom is repealed. references to the repealed decision shall be construed as references to this decision. article 16 effective date this decision shall take effect on the day following its publication in the official journal of the european union. done at brussels and at luxembourg, 26 june 2009. for the european parliament the president h.-g. p ttering for the council the president k. schwarzenberg for the commission the president j. m. barroso for the court of justice the president v. skouris for the court of auditors the president v. m. silva caldeira for the european economic and social committee the president m. sepi for the committee of the regions the president l. van den brande (1) oj 152, 13.7.1967, p. 18. (2) oj l 183, 22.7.2000, p. 12. (3) oj l 248, 16.9.2002, p. 1. (4) oj l 145, 31.5.2001, p. 43.
name: 2009/408/ec: decision of the european parliament and of the council of 6 may 2009 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management type: decision subject matter: eu institutions and european civil service; mechanical engineering; european construction; labour market; europe; employment; management; eu finance date published: 2009-05-29 29.5.2009 en official journal of the european union l 132/10 decision of the european parliament and of the council of 6 may 2009 on the mobilisation of the european globalisation adjustment fund, in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (2009/408/ec) the european parliament and the council of the european union, having regard to the treaty establishing the european community, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 on establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the commission, whereas: (1) the european globalisation adjustment fund (the fund) was established to provide additional support to redundant workers who suffer from the consequences of major structural changes in world trade patterns and to assist them with their reintegration into the labour market. (2) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the fund within the annual ceiling of eur 500 million. (3) spain submitted an application to mobilise the fund, in respect of redundancies in the motor vehicle sector, on 29 december 2008. this application complies with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. the commission therefore proposes to deploy an amount of eur 2 694 300. (4) furthermore, the commission proposes to deploy an amount of eur 690 000 from the fund for technical assistance in accordance with article 8 of regulation (ec) no 1927/2006. (5) the fund should therefore be mobilised in order to provide a financial contribution for the application submitted by spain as well as to address the need for technical assistance, have decided as follows: article 1 for the general budget of the european union for the financial year 2009, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 3 384 300 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 6 may 2009. for the european parliament the president h.-g. p ttering for the council the president j. kohout (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: decision no 1297/2008/ec of the european parliament and of the council of 16 december 2008 on a programme for the modernisation of european enterprise and trade statistics (meets) (text with eea relevance) type: decision subject matter: economic analysis; business classification; information and information processing; marketing date published: 2008-12-19 19.12.2008 en official journal of the european union l 340/76 decision no 1297/2008/ec of the european parliament and of the council of 16 december 2008 on a programme for the modernisation of european enterprise and trade statistics (meets) (text with eea relevance) the european parliament and the council of the european union, having regard to the treaty establishing the european community, and in particular article 285 thereof, having regard to the proposal from the commission, acting in accordance with the procedure laid down in article 251 of the treaty (1), whereas: (1) the commission made a commitment in its communications of 16 march 2005 on better regulation for growth and jobs in the european union and of 24 january 2007 on an action programme for reducing administrative burdens in the european union to ensure a better policy on regulation and to cut unnecessary red tape and over-regulation. (2) on 14 november 2006, the commission published a communication on reduction of the response burden, simplification and priority-setting in the field of community statistics, which sets out a strategic approach to continuing the reduction of the statistical burden on enterprises. (3) during the last 15 years, a large number of statistical regulations aiming to describe activities of enterprises and containing data provision obligations for enterprises have emerged to meet the statistical information needs of the community. an overhaul is needed to ensure, inter alia, the consistency of the scope of, and the concepts and definitions in, those statistical regulations. insofar as possible, simplification and priority-setting should be a feature of all those regulations. (4) enterprise and trade statistics are faced with a major challenge in the coming years. to underpin community policy initiatives, they have to be capable of reflecting phenomena in the changing community economy such as globalisation, emerging trends in entrepreneurship, the information society, trade in services, innovation, shifting trade patterns, and competitiveness in the light of the renewed lisbon strategy. (5) a key element driving the need for enterprise and trade statistics is the renewed lisbon strategy, the objectives of which are to foster the competitiveness of the european economy and achieve high and sustainable growth. (6) the deepening of european integration in a number of economic areas, including the european monetary union and the european customs system, creates new statistical needs related to the role of the euro in international transactions and leads to the necessity of adjusting the statistical system. enterprise and trade statistics should meet those needs appropriately and provide, in a timely manner, high-quality statistical information on the structural changes in the european economy and its business sector. (7) enterprise and trade statistics comprise several areas to which improvements should be made, such as structural business statistics, short-term statistics, prodcom statistics, statistics on information and communication technology, and statistics on trade in goods between member states (intrastat). (8) the authorities responsible for enterprise and trade statistics should re-engineer the methods for the production of statistics so that the burden on enterprises can be reduced and all available sources and new technologies can be used in a fully effective way. (9) the need for new types of indicators may arise as a result of efforts to modernise the statistical production system. new types of indicators providing the information required could be obtained by linking together existing types of business statistics without the need to increase the reporting burden on enterprises. new sources and electronic access are likely to make data collection less burdensome and, at the same time, provide more information. the potential of business statistics should be exploited in a more efficient way and the quality of statistical information should increase. (10) national statistical institutes should be closely involved in the modernisation of the statistical production system in order to avoid cost duplication and red tape. (11) the simplification of the intrastat system is part of the efforts to reduce statistical requirements and minimise the burden on enterprises. the recent decision to reduce the coverage ratio will contribute to that goal in the short term. in the longer term, other means of simplification should be investigated, including the single-flow system. the possible implementation of those means of simplification in the long term depends on feasibility studies and other actions to be carried out in accordance with this decision. the quality of the statistics as well as the significant costs involved in any transition should, however, be taken into account. (12) an ex-ante evaluation has been performed in accordance with the principle of sound financial management, in order to focus the programme established by this decision on the need for effectiveness in achieving the objectives and in order to incorporate budgetary constraints from the design phase of the programme onwards. (13) this decision establishes, for the entire duration of the programme, a financial envelope which constitutes the prime reference, within the meaning of point 37 of the inter-institutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (2), for the budgetary authority during the annual budgetary procedure. (14) since the objective of this decision, namely to establish a programme for the modernisation of european enterprise and trade statistics, cannot be sufficiently achieved by the member states because uncoordinated modernisation would lead to duplication of efforts, repetition of mistakes and higher costs, and can therefore, by reason of the scale of the statistics involved, be better achieved at community level, the community may adopt measures, in accordance with the principle of subsidiarity as set out in article 5 of the treaty. in accordance with the principle of proportionality, as set out in that article, this decision does not go beyond what is necessary in order to achieve that objective. (15) the statistical programme committee, established by council decision 89/382/eec, euratom (3), has been consulted in accordance with article 3 of that decision. (16) council regulation (ec) no 322/97 of 17 february 1997 on community statistics (4) provides a reference framework for the provisions of this decision. (17) the measures necessary for the implementation of this decision should be adopted in accordance with council decision 1999/468/ec of 28 june 1999 laying down the procedures for the exercise of implementing powers conferred on the commission (5), have decided as follows: article 1 establishment of the programme 1. this decision establishes a programme for the modernisation of european enterprise and trade statistics (hereinafter referred to as the meets programme). 2. the meets programme shall start on 1 january 2009 and shall end on 31 december 2013. article 2 scope and general objectives 1. the measures provided for by the meets programme relate to the production and dissemination of enterprise and trade statistics within the community. 2. the general objectives of the meets programme are as follows: (a) to review priorities and develop target sets of indicators for new areas (objective 1); (b) to achieve a streamlined framework for business-related statistics (objective 2); (c) to support the implementation of a more efficient way of producing enterprise and trade statistics (objective 3); and (d) to modernise the data collection system on trade in goods between member states (hereinafter referred to as intrastat) (objective 4). article 3 actions to achieve the objectives referred to in article 2(2), a set of actions shall be implemented, as follows: (a) to review priorities and develop target sets of indicators for new areas (objective 1): action 1.1: identifying areas of lesser importance; action 1.2: developing new areas; (b) to achieve a streamlined framework for business-related statistics (objective 2): action 2.1: integrating concepts and methods within the legal framework; action 2.2: developing statistics on enterprise groups; action 2.3: conducting community surveys to minimise the burden on enterprises; (c) to support the implementation of a more efficient way of producing enterprise and trade statistics (objective 3): action 3.1: making better use of data that already exist in the statistical system including the possibility of estimates; action 3.2: making better use of data that already exist in the economy; action 3.3: developing tools for the more efficient extraction, transmission and treatment of data; (d) to modernise intrastat (objective 4): action 4.1: harmonising methods to improve quality under a simplified intrastat; action 4.2: making better use of administrative data; action 4.3: improving and facilitating data exchange within intrastat. the actions referred to in this article are specified in the annex and shall be further detailed in the annual work programmes provided for in article 4. article 4 annual work programmes annual work programmes, with the priorities for the actions under each objective referred to in article 2(2) and the budgetary allocations under this decision, shall be adopted in accordance with the procedure referred to in article 5(2). article 5 committee 1. the commission shall be assisted by the statistical programme committee. 2. where reference is made to this paragraph, articles 4 and 7 of decision 1999/468/ec shall apply, having regard to the provisions of article 8 thereof. the period laid down in article 4(3) of decision 1999/468/ec shall be set at three months. article 6 evaluation 1. the commission shall, in cooperation with the member states, regularly evaluate the activities carried out under the meets programme in order to assess whether the objectives referred to in article 2(2) have been attained and to provide guidelines for improving the effectiveness of future actions. 2. by 31 december 2010, and thereafter on an annual basis until 2013, the commission shall submit to the european parliament and the council a report on the implementation of the meets programme. by 31 july 2014, the commission shall submit to the european parliament and the council a final report on the implementation of the meets programme. that report shall assess, in the light of the expenditure incurred by the community, the benefits of the actions accruing to the community, the member states and providers and users of statistical information, to identify areas for potential improvement. article 7 financing 1. the financial envelope for the implementation of the meets programme for the period 2009-2013 is set at eur 42 500 000. 2. the annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework. article 8 entry into force this decision shall enter into force on the twentieth day following its publication in the official journal of the european union. done at strasbourg, 16 december 2008. for the european parliament the president h.-g. p ttering for the council the president b. le maire (1) opinion of the european parliament of 9 july 2008 (not yet published in the official journal) and council decision of 18 november 2008. (2) oj c 139, 14.6.2006, p. 1. (3) oj l 181, 28.6.1989, p. 47. (4) oj l 52, 22.2.1997, p. 1. (5) oj l 184, 17.7.1999, p. 23. annex breakdown of the actions listed in article 3 objective 1 : to review priorities and develop target sets of indicators for new areas action 1.1: identifying areas of lesser importance in a changing world, statistical needs will be reviewed periodically, not only as new statistical needs emerge, but as other needs become less important and even obsolete. regular reviews of priorities will therefore be conducted in close cooperation with member states in order to identify areas and characteristics which have lost priority and consequently can be deleted from the legal requirements. such reviews will aim to simplify statistical requirements and reduce the response burden. the commission may arrange for external studies to be conducted in this regard. action 1.2: developing new areas in a changing economic environment, it is important to define priority areas for statistics, such as trade in services, globalisation and entrepreneurship, and to agree at community level on a target set of indicators for each of the priority areas. such indicators need to be harmonised with international statistics as far as possible. the statistics have to be compiled in an efficient way and need to be comparable. european statistics will therefore be modernised in strict accordance with the principle of coherence and comparability of data for the periods concerned. work will therefore be carried out within the european statistical system to achieve harmonised definitions of newly identified characteristics and indicators. after agreeing target sets of indicators and harmonised definitions thereof, further work will be needed in order to develop and test ways of producing statistics in the priority areas. in order to contribute to the development of new areas and the target sets of indicators, the commission will launch studies, organise seminars and provide financial support to develop methods and ways to collect new statistics. objective 2 : to achieve a streamlined framework for business-related statistics action 2.1: integrating concepts and methods within the legal framework european statistics are compiled in accordance with community legislation, which has developed over the years. an overhaul of that legislation is needed in order to ensure consistency. the commission may therefore arrange for external studies to be conducted, aimed at reviewing the existing legal acts in order to provide a harmonised legal framework for the different areas of enterprise and trade statistics. there are cross-cutting issues in statistics. for example, several statistical areas report on employment and may describe the same phenomenon from different perspectives. the commission will therefore arrange for external studies to be conducted aimed at achieving harmonisation of the methodologies used across the relevant statistical areas. financial support will be provided for member states' projects in this regard. it is important to guarantee consistency between areas of enterprise and trade statistics. consistency may refer to the relationship between trade in goods statistics and balance of payments statistics, but also to that between structural business statistics and trade statistics. the commission will arrange for external studies to be conducted and financial support will be provided for member states' projects in this regard. action 2.2: developing statistics on enterprise groups the commission has launched an initiative to establish a community register of multinational enterprise groups. such a register is a crucial basis for the production of harmonised statistics relating to the globalisation of the economy. the activities under this action will focus on completion of the register. the commission will arrange for external studies to be conducted in this regard. creating such a register is not sufficient, so financial support will be provided to support actions in the member states to develop more efficient data collection methods for enterprise groups and illustrate their importance for international trade. as regards exploiting the community register of multinational enterprise groups, european statistics will have to take a new perspective, so it will become important to set up specific community surveys on enterprise groups. the commission will arrange for external studies to be conducted and financial support will be provided for member states' projects in this regard. action 2.3: conducting community surveys to minimise the burden on enterprises to highlight new and emerging needs of community statistics, specific community surveys may be conducted on an ad-hoc basis. such surveys will be set up by means of external studies, arranged by the commission, and financial support to member states. in order to exploit the potential savings of community sampling schemes in regular statistics, the commission will arrange for external studies to be conducted to identify areas where community aggregates would be sufficient and to develop new methods for data collection in those areas. financial support will also be provided to enable member states to adjust their data collection systems. there is no standard community sampling scheme, however, and therefore sampling schemes will be adapted to the circumstances. objective 3 : to support the implementation of a more efficient way of producing enterprise and trade statistics action 3.1: making better use of data that already exist in the statistical system, including the possibility of estimates the ultimate aim of this action is to create fully integrated data sets for enterprise and trade statistics at micro level: a data warehouse approach to statistics. to achieve that aim, member states will be financially supported in order to link data or micro-data sets from different areas of enterprise and trade statistics, such as trade and business registers, and to link structural business statistics to research and development statistics and information society statistics. methodological studies will be carried out on new work processes to improve the use made of ongoing data collections, e.g. with a view to assessing the impact of information and communication technology (ict) on business outcome by linking data from different sources. the more efficient way of data collection aims at reducing the burden on enterprises. it must be ensured that statistical offices make the most efficient use of collected information. financial support will therefore be provided for methodological studies to be conducted for the optimal allocation of sample sizes and their combined use with other sources and related estimation methods. such financial support may also be provided for quality studies in cases where some enterprises (e.g. small and medium-sized enterprises) are excluded from statistical surveys, and for the development of appropriate, harmonised estimation methods. action 3.2: making better use of data that already exist in the economy statistical information is sometimes collected twice: first for administrative purposes, such as taxes, and then for statistical purposes, in surveys. such a double burden will be avoided to the largest extent possible. the meets programme will therefore provide financial support to projects on the use of administrative data for statistical purposes, including company accounts, by helping member states to change over from statistical surveys to the use of administrative data while ensuring high data quality. within enterprises it makes sense to promote the integration of accounting systems and statistical reporting, so that data can be delivered for statistics in a simplified manner. the commission will arrange for external studies to be conducted and financial support will be provided to members states' projects in this regard. action 3.3: developing tools for the more efficient extraction, transmission and treatment of data new ict offers opportunities for simplified reporting. this may be achieved by using company accounts and other financial reports drawn up according to international accounting standards, and appropriate technical standards for such reports, including extensible business reporting language (xbrl). measures will be taken to give financial support for actions that facilitate data transfer from enterprises to the national statistical authorities. a more efficient use of ict tools will be supported to facilitate the exchange of information between the commission and member states. in addition there needs to be further development of tools for validation, error detection, correction, analysis and editorial work. financial support will be provided for member states' projects in this regard. taking into consideration the ongoing developments in the simplification of customs formalities on export and import, financial support will be provided for actions aimed at facilitating the exchange, processing and dissemination of high-quality and detailed trade statistics. objective 4 : to modernise intrastat action 4.1: harmonising methods to improve quality under a simplified intrastat financial support will be provided for actions in member states aimed at developing tools and methods for improving data quality and the data collection system. financial support will be provided for actions in member states that are aimed at reducing asymmetries by avoiding misclassifications and harmonising the estimation and collection and processing systems, the rules for the handling of confidential data, the thresholds and the methods for adjustment. action 4.2: making better use of administrative data the re-use of administrative data being reported by enterprises for other purposes (in particular value added tax reports and accounting) will be encouraged. financial support will be provided for actions in this regard, including for the development of ict tools and procedures. action 4.3: improving and facilitating data exchange within intrastat the further development of tools and methods for data exchange within a centralised system is vital. tools for validation, error detection, correction, analysis and editorial work in the field of intra-community trade statistics need to be developed. financial support will be provided for actions that focus on the legal and technical aspects of data exchange between member states.
name: 2008/916/ec: decision of the european parliament and of the council of 19 november 2008 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management type: decision subject matter: economic policy; europe; leather and textile industries; employment; eu finance date published: 2008-12-09 9.12.2008 en official journal of the european union l 330/16 decision of the european parliament and of the council of 19 november 2008 on the mobilisation of the european globalisation adjustment fund in accordance with point 28 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (2008/916/ec) the european parliament and the council of the european union, having regard to the treaty establishing the european community, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof, having regard to regulation (ec) no 1927/2006 of the european parliament and of the council of 20 december 2006 on establishing the european globalisation adjustment fund (2), and in particular article 12(3) thereof, having regard to the proposal from the commission, whereas: (1) the european globalisation adjustment fund (the fund) was established to provide additional support to redundant workers who suffer from the consequences of major structural changes in world trade patterns and to assist them with their reintegration into the labour market. (2) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the fund within the annual ceiling of eur 500 million. (3) italy has submitted four applications to deploy the fund, in respect of redundancies in the textile sector: on 9 august 2007 for sardinia, on 10 august 2007 for piedmont, on 17 august 2007 for lombardy and on 12 february 2008 for tuscany. these applications comply with the requirements for determining the financial contributions as laid down in article 10 of regulation (ec) no 1927/2006. (4) the fund should, therefore, be mobilised in order to provide a financial contribution for the applications, have decided as follows: article 1 for the general budget of the european union for the financial year 2008, the european globalisation adjustment fund shall be mobilised to provide the sum of eur 35 158 075 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 19 november 2008. for the european parliament the president h.-g. p ttering for the council the president j.-p. jouyet (1) oj c 139, 14.6.2006, p. 1. (2) oj l 406, 30.12.2006, p. 1.
name: 2008/469/ec: decision of the european parliament and of the council of 5 june 2008 on the mobilisation of the eu solidarity fund in accordance with point 26 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management type: decision subject matter: cooperation policy; management; eu finance; eu institutions and european civil service date published: 2008-06-21 21.6.2008 en official journal of the european union l 162/30 decision of the european parliament and of the council of 5 june 2008 on the mobilisation of the eu solidarity fund in accordance with point 26 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (2008/469/ec) the european parliament and the council of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof, having regard to council regulation (ec) no 2012/2002 of 11 november 2002 establishing the european union solidarity fund (2), having regard to the proposal from the commission, whereas: (1) the european union has created a european union solidarity fund (the fund) to show solidarity with the population of regions struck by disasters. (2) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the fund within the annual ceiling of eur 1 billion. (3) regulation (ec) no 2012/2002 contains the provisions whereby the fund may be mobilised. (4) greece submitted an application to mobilise the fund, concerning a disaster caused by forest fires in august 2007. (5) slovenia submitted an application to mobilise the fund, concerning a disaster caused by flooding in september 2007, have decided as follows: article 1 for the general budget of the european union for the financial year 2008, the european union solidarity fund shall be mobilised to provide the sum of eur 98 023 212 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 5 june 2008. for the european parliament the president h.-g. p ttering for the council the president j. lenar i (1) oj c 139, 14.6.2006, p. 1. agreement as last amended by decision 2008/371/ec of the european parliament and of the council (oj l 128, 16.5.2008, p. 8). (2) oj l 311, 14.11.2002, p. 3.
name: decision no 234/2008/ec of the european parliament and of the concil of 11 march 2008 establishing the european statistical advisory committee and repealing council decision 91/116/eec (text with eea relevance) type: decision subject matter: information and information processing; eu institutions and european civil service; european construction; economic analysis date published: 2008-03-15 15.3.2008 en official journal of the european union l 73/13 decision no 234/2008/ec of the european parliament and of the concil of 11 march 2008 establishing the european statistical advisory committee and repealing council decision 91/116/eec (text with eea relevance) the european parliament and the council of the european union, having regard to the treaty establishing the european community, and in particular article 285 thereof, having regard to the proposal from the commission, having regard to the opinion of the european economic and social committee (1), after consulting the committee of the regions, acting in accordance with the procedure laid down in article 251 of the treaty (2), whereas: (1) the consultation of users and producers of statistical information as well as respondents to requests for such information is essential for the preparation and development of the communitys statistical information policy. (2) the european advisory committee on statistical information in the economic and social spheres set up by council decision 91/116/eec (3) currently assists the council and the commission in the coordination of the objectives of the communitys statistical information policy, taking into account user requirements and the costs borne by information providers and producers. (3) the european advisory committee on statistical information in the economic and social spheres has been of use but changes that have taken place in the community, in particular its enlargement to 27 member states, require that a number of modifications be made to the role, mandate, composition and procedures of that committee. in the interests of clarity, it is appropriate to replace that committee by a new european statistical advisory committee (the committee). (4) the committee should contribute to a close cooperation in the programme-planning process in order to improve the governance of the european statistical system and enhance the quality of community statistics. to this effect, close collaboration should be maintained with the statistical programme committee established by council decision 89/382/eec, euratom (4) and with the committee on monetary, financial and balance of payments statistics established by council decision 91/115/eec (5). (5) a balance should be achieved between the need to reduce membership in order to enable the committee to work efficiently in an enlarged community on the one hand, and the need to allow representation of all stakeholders in community statistics, as requested in the council conclusions of 8 november 2005, on the other. (6) in order to meet the objectives of better assessing and balancing the benefits and costs of community statistical requirements and rebalancing and reducing the burden of community statistical legislation, so facilitating compliance with increasing demand, the committee should play a stronger role in preparing and implementing the community statistical programme. (7) the committee should serve as a channel for advice from users, respondents and producers of statistical information on the objectives of the communitys statistical information policy. (8) decision 91/116/eec should therefore be repealed, have decided as follows: article 1 european statistical advisory committee 1. the european statistical advisory committee (hereinafter referred to as the committee) is hereby established. 2. the committee shall assist the european parliament, the council and the commission in ensuring that user requirements and the costs borne by information providers and producers are taken into account in coordinating the strategic objectives and priorities of the communitys statistical information policy. 3. that assistance shall cover all statistical domains relevant to the communitys statistical information policy. article 2 tasks 1. the commission shall consult the committee at an early stage in the preparation of the community statistical programme. the committee shall deliver an opinion addressing in particular: (a) the relevance of the community statistical programme to the requirements of european integration and development, as expressed by the community institutions, national and regional authorities, the various economic and social categories and scientific circles; (b) the relevance of the community statistical programme in relation to the activities of the community, taking into account economic, social and technical developments; (c) the balance as regards priorities and resources between different areas in the community statistical programme, the annual statistical work programme of the commission, and possibilities of re-prioritising statistical work; (d) the adequacy of the resources needed to implement the community statistical programme, including the costs incurred directly by both the community and national authorities, and appropriateness to users needs of the scope, level of detail, and costs of community statistics; (e) the costs related to the provision of statistical information by information providers and possibilities of reducing the response burden, with particular reference to the burden on small and medium-sized enterprises. 2. the committee shall also draw the commissions attention to areas in which it may be necessary to develop new statistical activities and shall advise the commission how to improve the relevance of the community statistics to users, taking into account the costs borne by information providers and producers. article 3 relations with community institutions and other bodies 1. at the request of the european parliament, the council and the commission, the committee shall deliver an opinion on matters relating to user requirements and costs incurred by data suppliers in the development of the communitys statistical information policy, in the priorities of the community statistical programme, in the evaluation of existing statistics, in data quality and in dissemination policy. 2. the committee shall deliver opinions and present reports relating to user requirements and the costs borne by data providers in the production and dissemination of community statistics to the european parliament, the council and the commission whenever it considers this necessary for the fulfilment of its task. the commission shall report on an annual basis on how it has taken account of the committees opinions. 3. in order to accomplish its task, the committee shall cooperate with the statistical programme committee and the committee on monetary, financial and balance of payments statistics. it shall regularly inform those two committees of its opinions regarding the tasks set out in article 2 and shall send them the opinions and reports referred to in paragraphs 1 and 2 of this article. 4. the committee shall establish relationships with national statistical user councils. article 4 composition and procedure for appointment 1. the committee shall comprise 24 members, as follows: (a) twelve members shall be appointed by the commission, after consulting the european parliament and the council. they shall act independently. with a view to the appointment of those twelve members, each member state shall provide the commission with a list of three candidates with a well-established qualification in the field of statistics. the commission shall endeavour to ensure that the selection of the 12 members represent, in equal measure, users, respondents, and other stakeholders in community statistics (including the scientific community, the social partners and civil society). the 12 members shall perform their duties in their personal capacity; (b) eleven members shall be appointed directly by the institutions and bodies to which they belong, as follows: (i) one member representing the european parliament, (ii) one member representing the council, (iii) one member representing the european economic and social committee, (iv) one member representing the committee of the regions, (v) one member representing the european central bank, (vi) two members representing the statistical programme committee, (vii) one member representing the confederation of european business (businesseurope), (viii) one member representing the european trade union confederation, (ix) one member representing the european association of craft small and medium-sized enterprises, and (x) the european data protection supervisor; (c) the director-general of eurostat shall be an ex officio member of the committee, without a voting right. 2. the list of members of the committee shall be published in the official journal of the european union, c series. article 5 duration of mandate 1. members of the committee shall be appointed for a term of five years, renewable once. on the expiry of their term of office, members shall remain in office until they are replaced or until their appointments are renewed. 2. if a member resigns before the expiry of his or her term of office, he or she shall be replaced for the remainder of the term by a member appointed in accordance with article 4. article 6 structure and operation 1. the committee shall elect its chairperson from among the members appointed by the commission. the chairperson shall be appointed for a term of five years, renewable once. 2. the chairperson shall convene the committee at least once a year, either on his or her own initiative or at the request of at least one third of its members. 3. for the preparation of opinions on highly complex statistical matters, the committee may, in agreement with the commission, establish temporary working parties to be chaired by a committee member. each working party shall be made up of experts providing an appropriate balance of professional backgrounds and geographical distribution. the chairpersons of those working parties shall present the results of their proceedings in the form of a report at a meeting of the committee. 4. for the performance of its tasks, the committee may commission studies and hold seminars. 5. representatives of any commission department concerned may participate in the meetings of the committee and the working parties as observers. the chairperson may authorise other observers to attend meetings of the committee. 6. the commission shall provide secretarial services for the committee and the working parties. 7. the commission shall include the committees expenses in its budgetary estimates. article 7 decision-making procedures the committees internal rules of procedure shall specify the detail of its decision-making procedures. article 8 confidentiality without prejudice to article 287 of the treaty, committee members shall be required not to disclose information to which they have gained access through committee or working party proceedings if the commission informs them that such information is justifiably of a confidential nature or that responding to a request for an opinion or a question raised would lead to the disclosure of such confidential information. article 9 internal rules of procedure after consulting the commission, the committee shall adopt its rules of procedure. the rules of procedure shall be transmitted for information purposes to the european parliament and the council. article 10 repeal decision 91/116/eec shall be repealed. article 11 entry into force this decision shall enter into force on 15 june 2008. done at strasbourg, 11 march 2008. for the european parliament the president h.-g. p ttering for the council the president j. lenar i (1) oj c 97, 28.4.2007, p. 1. (2) opinion of the european parliament of 24 october 2007 (not yet published in the official journal) and council decision of 14 february 2008. (3) oj l 59, 6.3.1991, p. 21. decision as amended by decision 97/255/ec (oj l 102, 19.4.1997, p. 32). (4) oj l 181, 28.6.1989, p. 47. (5) oj l 59, 6.3.1991, p. 19. decision as replaced by decision 2006/856/ec (oj l 332, 30.11.2006, p. 21).
name: decision no 930/2007/ec of the european parliament and of the council of 7 june 2007 on the mobilisation of the eu solidarity fund according to point 26 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management type: decision subject matter: europe; cooperation policy; deterioration of the environment; budget; eu finance date published: 2007-08-03 3.8.2007 en official journal of the european union l 202/18 decision no 930/2007/ec of the european parliament and of the council of 7 june 2007 on the mobilisation of the eu solidarity fund according to point 26 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management the european parliament and the council of the european union, having regard to the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (1), and in particular point 26 thereof, having regard to council regulation (ec) no 2012/2002 of 11 november 2002 establishing the european union solidarity fund (2), having regard to the proposal from the commission, whereas: (1) the european union has created a european union solidarity fund (the fund) to show solidarity with the population of regions struck by disasters. (2) the interinstitutional agreement of 17 may 2006 allows the mobilisation of the fund within the annual ceiling of eur 1 billion. (3) regulation (ec) no 2012/2002 contains the provisions whereby the fund may be mobilised. (4) hungary and greece submitted applications to mobilise the fund, concerning two disasters caused by flooding, have decided as follows: article 1 for the general budget of the european union for the financial year 2007, the european union solidarity fund shall be mobilised to provide the sum of eur 24 370 114 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at brussels, 7 june 2007. for the european parliament the president h.-g. p ttering for the council the president g. gloser (1) oj c 139, 14.6.2006, p. 1. (2) oj l 311, 14.11.2002, p. 3.
name: decision no 779/2007/ec of the european parliament and of the council of 20 june 2007 establishing for the period 2007-2013 a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (daphne iii programme) as part of the general programme fundamental rights and justice type: decision subject matter: management; social affairs; european construction; eu finance; demography and population date published: 2007-07-03 3.7.2007 en official journal of the european union l 173/19 decision no 779/2007/ec of the european parliament and of the council of 20 june 2007 establishing for the period 2007-2013 a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (daphne iii programme) as part of the general programme fundamental rights and justice the european parliament and the council of the european union, having regard to the treaty establishing the european community, and in particular article 152 thereof, having regard to the proposal from the commission, having regard to the opinion of the european economic and social committee (1), having regard to the opinion of the committee of the regions (2), acting in accordance with the procedure laid down in article 251 of the treaty (3), whereas: (1) the treaty lays down that in the definition and implementation of all community policies and activities a high level of human health has to be ensured; article 3(1)(p) thereof requires community action to include a contribution to the attainment of a high level of health protection. (2) community action should complement national policies directed towards improving public health, obviating sources of danger to human health. (3) physical, sexual and psychological violence against children, young people and women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life, constitute a breach of their right to life, safety, freedom, dignity and physical and emotional integrity and a serious threat to the physical and mental health of the victims of such violence. such violence, being so widespread throughout the community, constitutes a genuine violation of fundamental rights, a health scourge and an obstacle to the enjoyment of safe, free and just citizenship. (4) the world health organisation (who) defines health as a state of complete physical, mental and social well being and not merely the absence of disease or infirmity. according to a 1996 who assembly resolution, violence is a leading worldwide public health problem. in its report on violence and health of 3 october 2002 who recommends promoting primary prevention responses, strengthening responses for victims of violence and increasing collaboration and exchange of information on violence prevention. (5) these principles are recognised in numerous conventions, declarations and protocols of the main international organisations and institutions such as the united nations, the international labour organisation (ilo) the world conference on women and the world congress against commercial sexual exploitation of children. (6) the fight against violence should be placed within the context of the protection of fundamental rights, as recognised by the charter of fundamental rights of the european union (4) and the accompanying explanations, bearing in mind its status, which recognises, inter alia, the right to dignity, equality and solidarity. it includes a number of specific articles relating to protection and promotion of physical and mental integrity, equal treatment for men and women, the rights of the child and non-discrimination, as well as recognising the prohibition of inhuman or degrading treatment, slavery and forced labour, and child labour. it recognises that a high level of human health protection is necessary in the definition and implementation of all community policies and activities. (7) the commission has been called upon by the european parliament to draw up and implement action programmes to combat such violence, inter alia, in its resolutions of 19 may 2000 on the communication from the commission to the council and the european parliament: for further actions in the fight against trafficking in women (5); of 20 september 2001 on female genital mutilation (6); of 17 january 2006 on strategies to prevent the trafficking of women and children who are vulnerable to sexual exploitation (7); and of 2 february 2006 on the current situation in combating violence against women and any future action (8). (8) the community action programme set up by decision no 293/2000/ec of the european parliament and of the council of 24 january 2000 adopting a programme of community action (daphne programme) (2000 to 2003) on preventive measures to fight violence against children, young people and women (9) has helped to raise awareness within the european union and to increase and consolidate cooperation between organisations in the member states active in combating violence. (9) the community action programme set up by decision no 803/2004/ec of the european parliament and of the council of 21 april 2004 adopting a programme of community action (2004 to 2008) to prevent and combat violence against children, young people and women and to protect victims and groups at risk (daphne ii programme) (10) further developed the results already achieved by the daphne programme; according to article 8(2) of decision no 803/2004/ec the commission shall take the necessary steps to ensure the consistency of the annual appropriations with the new financial perspectives. (10) it is desirable to ensure continuity for the projects supported by the daphne and daphne ii programmes. (11) it is important and necessary to recognise the serious immediate and long-term implications of violence against children, young people and women for their physical and mental health and for their psychological and social development, as well as for the equal opportunities of those concerned, for individuals, families and communities, and the high social and economic costs to society as a whole. (12) violence against women takes many forms ranging from domestic violence, which is prevalent at all levels of society, to harmful traditional practices associated with the exercise of physical violence against women, such as genital mutilation and honour-related crimes, which constitute a particular form of violence against women. (13) children, young people or women who witness a near relative being assaulted should be regarded as victims of violence in accordance with the programme established by this decision (the programme). (14) with regard to the prevention of violence, including abuse and sexual exploitation perpetrated against children, young people and women and the protection of victims and groups at risk, the european union can bring added value to the actions predominantly to be undertaken by member states by the following means: the dissemination and exchange of information, experience and good practices; the promotion of an innovative approach; the joint establishment of priorities; the development of networking as appropriate; the selection of community-wide projects including projects supporting free-phone child helplines and hotlines for missing and sexually exploited children; the motivation and mobilisation of all parties concerned; and europe-wide awareness-raising campaigns against violence. these actions should also encompass support for children, young people and women who are victims of trafficking in human beings. (15) as the root-causes and consequences of violence can often be effectively addressed by local and regional organisations acting in cooperation with their counterparts from other member states, the programme should attach due weight to the preventive measures and actions in support of victims taking place at a local and regional level. (16) since the objectives of this decision, namely to prevent and combat all forms of violence against children, young people and women, cannot be sufficiently achieved by the member states because of the need for an exchange of information at the community level and for the community-wide dissemination of good practices, and can be better achieved at community level due to the need for a coordinated and multidisciplinary approach and by reason of the scale or impact of the programme, the community may adopt measures, in accordance with the principle of subsidiarity as set out in article 5 of the treaty. in accordance with the principle of proportionality, as set out in that article, this decision does not go beyond what is necessary in order to achieve those objectives. (17) this decision lays down, for the entire duration of the programme, a financial envelope constituting the prime reference, within the meaning of point 37 of the interinstitutional agreement of 17 may 2006 between the european parliament, the council and the commission on budgetary discipline and sound financial management (11), for the budgetary authority during the annual budgetary procedure. (18) council regulation (ec, euratom) no 1605/2002 of 25 june 2002 on the financial regulation applicable to the general budget of the european communities (12), hereinafter the financial regulation, and commission regulation (ec, euratom) no 2342/2002 of 23 december 2002 laying down detailed rules for the implementation of council regulation (ec, euratom) no 1605/2002 on the financial regulation applicable to the general budget of the european communities (13), which safeguard the communitys financial interests, have to be applied, taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the commission retains direct responsibility for their implementation and management, and the required proportionality between the amount of resources and the administrative burden related to their use. (19) appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with council regulation (ec, euratom) no 2988/95 of 18 december 1995 on the protection of the european communities financial interests (14), council regulation (euratom, ec) no 2185/96 of 11 november 1996 concerning on-the-spot checks and inspections carried out by the commission in order to protect the european communities financial interests against fraud and other irregularities (15) and regulation (ec) no 1073/1999 of the european parliament and of the council of 25 may 1999 concerning investigations conducted by the european anti-fraud office (olaf) (16). (20) the financial regulation requires a basic act to be provided to cover operating grants. (21) the measures necessary for the implementation of this decision should be adopted in accordance with council decision 1999/468/ec of 28 june 1999 laying down the procedures for the exercise of implementing powers conferred on the commission (17). (22) the balanced participation of women and men in the decision-making process is a key element in the achievement of substantive equality between women and men. the member states should, therefore, use their best endeavours to achieve a gender balance in the composition of the committee referred to in article 10, have decided as follows: article 1 subject matter and scope 1. building on the policies and objectives laid down in the daphne and daphne ii programmes, this decision establishes a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (daphne iii programme), hereinafter referred to as the programme, as part of the general programme fundamental rights and justice, in order to contribute to a high level of protection from violence so as to enhance the protection of physical and mental health. 2. the programme shall cover the period from 1 january 2007 to 31 december 2013. 3. for the purposes of the programme, the term children covers an age range of 0-18 years, in accordance with international instruments concerning the rights of the child. 4. however, projects with actions particularly designed for beneficiary groups such as, for example, teenagers (13 to 19 years old) or people from 12 to 25 years old, shall be considered as targeting the category of young people. article 2 general objectives 1. the aim of the programme shall be to contribute to the protection of children, young people and women against all forms of violence and to attain a high level of health protection, well-being and social cohesion. 2. without prejudice to the objectives and powers of the european community, the general objectives of the programme shall contribute, especially where it concerns children, young people and women, to the development of community policies, and more specifically to those related to public health, human rights and gender equality, as well as to actions aimed at protection of childrens rights, and the fight against trafficking in human beings and sexual exploitation. article 3 specific objective the programme shall have the specific objective of contributing to the prevention of, and the fight against, all forms of violence occurring in the public or the private domain against children, young people and women, including sexual exploitation and trafficking in human beings, by taking preventive measures and by providing support and protection for victims and groups at risk. this shall be achieved by means of the following transnational actions, or other types of actions as referred to in article 4: (a) assisting and encouraging non-governmental organisations (ngos) and other organisations active in this field, as referred to in article 7; (b) developing and implementing awareness-raising actions targeting specific audiences, such as specific professions, competent authorities, identified sectors of the general public and groups at risk, with a view both to improving understanding of and promoting the adoption of zero tolerance towards violence, and to encouraging support for victims and the reporting of incidences of violence to the competent authorities; (c) disseminating the results obtained under the daphne and daphne ii programmes, including their adaptation, transfer and use by other beneficiaries or in other geographical areas; (d) identifying and enhancing actions contributing to positive treatment of people at risk of violence, namely following an approach that encourages respect for them and promotes their well-being and self-fulfilment; (e) setting up and supporting multidisciplinary networks with a view to strengthening cooperation between ngos and other organisations active in this field; (f) ensuring the expansion of evidence-based information and the knowledge base, the exchange, identification and dissemination of information and good practice, including through research, training, study visits and staff exchange; (g) designing and testing awareness-raising and educational materials regarding the prevention of violence against children, young people and women, and supplementing and adapting those already available for use in other geographical areas or for other target groups; (h) studying phenomena related to violence and its impact, both on victims and on society as a whole, including the health-care, social and economic costs, in order to address the root causes of violence at all levels of society; (i) developing and implementing support programmes for victims and people at risk and intervention programmes for perpetrators, whilst ensuring the safety of victims. article 4 types of actions with a view to pursuing the general and specific objectives set out in articles 2 and 3, the programme shall support the following types of actions, under the conditions set out in the annual work programmes: (a) specific actions taken by the commission, such as studies and research, opinion polls and surveys, development of indicators and methodologies, collection, development and dissemination of data and statistics, seminars, conferences and experts meetings, organisation of public campaigns and events, development and maintenance of a helpdesk service and websites, preparation and dissemination of information materials (including it applications and training resources), establishment and facilitation of a stakeholder think-tank providing expert advice related to violence, support to other networks of national experts, and analytical, monitoring and evaluation activities; (b) specific transnational projects of community interest involving at least two member states under the conditions set out in the annual work programmes; (c) support to the activities of ngos or other organisations, pursuing an aim of general european interest regarding the general objectives of the programme set out in article 2 under the conditions set out in the annual work programmes. article 5 participation of third countries the following countries may participate in the actions of the programme: (a) countries with which the european union has signed a treaty of accession; (b) candidate countries benefiting from a pre-accession strategy, in accordance with the general principles and the general terms and conditions for the participation of those countries in community programmes laid down, respectively, by the framework agreement and by decisions of the association councils; (c) efta states that are parties to the eea agreement, in accordance with the provisions of that agreement; (d) the countries of the western balkans, in accordance with the arrangements to be established with those countries under the framework agreements on the general principles for their participation in community programmes. projects may associate candidate countries not participating in the programme where this would contribute to their preparation for accession, or other third countries not participating in the programme where it serves the aim of the projects. article 6 beneficiary and target groups 1. the programme shall benefit children, young people and women who are, or risk becoming, victims of violence. 2. the main target groups of the programme shall be, inter alia, families, teachers and educational staff, social workers, police and border guards, local, national and military authorities, medical and paramedical staff, judicial staff, ngos, trade unions and religious communities. article 7 access to the programme access to the programme shall be open to private or public organisations and institutions (local authorities at the appropriate level, university departments and research centres) working to prevent and combat violence against children, young people and women or to protect against such violence or to provide support for victims or to implement targeted actions to promote rejection of such violence or to encourage attitude and behaviour change towards vulnerable groups and victims of violence. article 8 types of intervention 1. community funding may take the following legal forms: grants, public procurement contracts. 2. community grants shall be awarded following consideration of applications arising from calls for proposals, save in duly substantiated exceptional cases of urgency or where the characteristics of the beneficiary leave no other choice for a given action. community grants shall be provided through operating grants and grants to actions. the maximum rate of co-financing shall be specified in the annual work programmes. 3. furthermore, expenditure may be made available for complementary measures, through public procurement contracts, in which case community funds shall cover the purchase of services and goods, directly related to the aims of the programme. this shall cover, inter alia, expenditure on information and communication, preparation, implementation, monitoring, checking and evaluation of projects, policies, programmes and legislation. article 9 implementing measures 1. the commission shall implement the community assistance in accordance with the financial regulation. 2. to implement the programme, the commission shall, within the limits of the general objectives of the programme set out in article 2, adopt an annual work programme specifying its specific objectives, thematic priorities, a description of accompanying measures envisaged in article 8 and if necessary a list of other actions. the annual work programme shall establish the minimum percentage of annual expenditure to be awarded to grants. 3. the annual work programme shall be adopted in accordance with the management procedure referred to in article 10(2). 4. the measures necessary for the implementation of this decision in relation to all other matters shall be adopted in accordance with the advisory procedure referred to in article 10(3). 5. the evaluation and award procedures relating to grants to actions shall take into account, inter alia, the following criteria: (a) the general and specific objectives as specified in articles 2 and 3 and measures taken in the different areas as specified in article 3 and conformity with the annual work programme; (b) the quality of the proposed action regarding its conception, organisation, presentation and expected results; (c) the amount requested for community financing and its cost effectiveness as to expected results; (d) the impact of the expected results on the general and specific objectives of the programme defined in articles 2 and 3 and on measures taken in the different areas as specified in article 3; (e) innovation. 6. the applications for operating grants, referred to in article 4(c), shall be assessed in the light of: (a) consistency with the programme objectives; (b) quality of the planned activities; (c) likely multiplier effect on the public of these activities; (d) geographic impact of the activities carried out; (e) citizen involvement in the organisation of the bodies concerned; (f) cost effectiveness ratio of the activity proposed. article 10 committee 1. the commission shall be assisted by a committee. 2. where reference is made to this paragraph, articles 4 and 7 of decision 1999/468/ec shall apply, having regard to the provisions of article 8 thereof. the period laid down in article 4(3) of decision 1999/468/ec shall be set at two months. 3. where reference is made to this paragraph, articles 3 and 7 of decision 1999/468/ec shall apply, having regard to the provisions of article 8 thereof. 4. the committee shall adopt its rules of procedure. article 11 complementarity 1. synergies and complementarity with other community instruments will be sought, particularly the general programmes security and safeguarding liberties and solidarity and management of migration flows, the seventh research and development framework programme as well as the programmes on health protection, employment and social solidarity progress and safer internet plus. complementarity will also be sought with the european institute for gender equality. the statistical element of information on violence will be developed in collaboration with member states, using as necessary the community statistical programme. 2. the programme may share resources with other community instruments, in particular the general programmes security and safeguarding liberties, solidarity and management of migration flows and the seventh research and development framework programme in order to implement actions meeting the objectives of all the programmes. 3. operations financed under this decision shall not receive assistance for the same purpose from other community financial instruments. the commission shall ensure that the beneficiaries of the programme provide the commission with information about funding received from the general budget of the european union and from other sources, as well as information about ongoing applications for funding. article 12 funding 1. the financial envelope for the implementation of this decision is set at eur 116,85 million for the period set out in article 1. 2. the allocations for the actions provided for in the programme shall be entered in the annual appropriations of the general budget of the european union. the available annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework. article 13 monitoring 1. for any action financed by the programme, the commission shall ensure that the beneficiary submits technical and financial reports on the progress of work. a final report shall also be submitted within three months of the completion of the action. the commission shall determine the form and content of the reports. 2. the commission shall ensure that the contracts and agreements resulting from the implementation of the programme will provide in particular for supervision and financial control by the commission (or any representative authorised by it), if necessary by means of on-the-spot checks, including sample checks, and audits by the court of auditors. 3. for a period of five years following the last payment in respect of any action, the commission shall require that the beneficiary of financial assistance keeps available for the commission all the supporting documents regarding expenditure on the action. 4. on the basis of the results of the reports and sample checks referred to in paragraphs 1 and 2, the commission shall, if necessary, adjust the scale or the conditions of allocation of the financial assistance originally approved and also the timetable for payments. 5. the commission shall take every other step necessary to verify that the actions financed are carried out properly and in compliance with the provisions of this decision and the financial regulation. article 14 protection of community financial interests 1. the commission shall ensure that, when actions financed under this decision are implemented, the financial interests of the community are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with regulation (ec, euratom) no 2988/95, regulation (euratom, ec) no 2185/96, and with regulation (ec) no 1073/1999. 2. for the community actions financed under the programme, regulation (ec, euratom) no 2988/95 and regulation (euratom, ec) no 2185/96 shall apply to any infringement of a provision of community law, including infringements of a contractual obligation stipulated on the basis of the programme, resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the european union or budgets managed thereunder by an unjustified item of expenditure. 3. the commission shall reduce, suspend or recover the amount of financial assistance granted for an action if it finds irregularities, including non-compliance with the provisions of this decision or the individual decision or the contract or agreement granting the financial support in question, or if it transpires that, without commission approval having being sought, the action has been subjected to a change which conflicts with the nature or implementing conditions of the project. 4. if the time limits have not been observed or if only part of the allocated financial assistance is justified by the progress made with implementing an action, the commission shall request the beneficiary to submit observations within a specified period. if the beneficiary does not give a satisfactory answer, the commission may cancel the remaining financial assistance and demand repayment of sums already paid. 5. any undue payment shall be repaid to the commission. interest shall be added to any sums not repaid in good time under the conditions laid down by the financial regulation. article 15 evaluation 1. the programme will be monitored regularly in order to follow the implementation of activities carried out thereunder. 2. the commission shall ensure the regular, independent, external evaluation of the programme. 3. the commission shall submit to the european parliament and the council: (a) an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of the programme not later than 31 march 2011 accompanied by a list of the projects and measures financed; (b) a communication on the continuation of the programme not later than 31 may 2012; (c) an ex-post evaluation report, on the implementation and results of the programme not later than 31 december 2014. article 16 publication of projects the commission shall annually publish a list of the projects financed under the programme together with a brief description of each project. article 17 transitional measures decision no 803/2004/ec is hereby repealed. actions commenced pursuant to that decision shall continue to be governed by it, until their completion. article 18 entry into force this decision shall enter into force on the day following its publication in the official journal of the european union. done at strasbourg, 20 june 2007. for the european parliament the president h.-g. p ttering for the council the president g. gloser (1) oj c 69, 21.3.2006, p. 1. (2) oj c 192, 16.8.2006, p. 25. (3) opinion of the european parliament of 5 september 2006 (not yet published in the official journal), council common position of 5 march 2007 (not yet published in the official journal) and position of the european parliament of 22 may 2007 (not yet published in the official journal). (4) oj c 364, 18.12.2000, p. 1. (5) oj c 59, 23.2.2001, p. 307. (6) oj c 77 e, 28.3.2002, p. 126. (7) oj c 287 e, 24.11.2006, p. 75. (8) oj c 288 e, 25.11.2006, p. 66. (9) oj l 34, 9.2.2000, p. 1. (10) oj l 143, 30.4.2004, p. 1. (11) oj c 139, 14.6.2006, p. 1. (12) oj l 248, 16.9.2002, p. 1. regulation as amended by regulation (ec, euratom) no 1995/2006 (oj l 390, 30.12.2006, p. 1). (13) oj l 357, 31.12.2002, p. 1. regulation as last amended by regulation (ec, euratom) no 478/2007 (oj l 111, 28.4.2007, p. 13). (14) oj l 312, 23.12.1995, p. 1, corrected by oj l 36, 10.2.1998, p. 16. (15) oj l 292, 15.11.1996, p. 2. (16) oj l 136, 31.5.1999, p. 1. (17) oj l 184, 17.7.1999, p. 23. decision as amended by decision 2006/512/ec (oj l 200, 22.7.2006, p. 11).
name: 2006/397/ec: decision of the european parliament and of the council of 27 april 2006 on the mobilisation of the eu solidarity fund according to point 3 of the interinstitutional agreement of 7 november 2002 between the european parliament, the council and the commission on the financing of the european union solidarity fund supplementing the interinstitutional agreement of 6 may 1999 on budgetary discipline and improvement of the budgetary procedure type: decision subject matter: europe; eu finance; deterioration of the environment; cooperation policy; budget date published: 2006-06-08; 2007-05-08 8.6.2006 en official journal of the european union l 154/20 decision of the european parliament and of the council of 27 april 2006 on the mobilisation of the eu solidarity fund according to point 3 of the interinstitutional agreement of 7 november 2002 between the european parliament, the council and the commission on the financing of the european union solidarity fund supplementing the interinstitutional agreement of 6 may 1999 on budgetary discipline and improvement of the budgetary procedure (2006/397/ec) the european parliament and the council of the european union, having regard to the interinstitutional agreement of 7 november 2002 between the european parliament, the council and the commission on the financing of the european union solidarity fund supplementing the interinstitutional agreement of 6 may 1999 on budgetary discipline and improvement of the budgetary procedure (1), and in particular point 3 thereof, having regard to council regulation (ec) no 2012/2002 of 11 november 2002 establishing the european union solidarity fund (2), having regard to the proposal from the commission, whereas: (1) the european union has created a european union solidarity fund (the fund) to show solidarity with the population of regions struck by disasters. (2) the interinstitutional agreement of 7 november 2002 allows the mobilisation of the fund within the annual ceiling of eur 1 billion. (3) regulation (ec) no 2012/2002 contains the provisions whereby the fund may be mobilised. (4) bulgaria, romania and austria submitted applications to mobilise the fund, concerning five disasters caused by flooding, have decided as follows: article 1 for the general budget of the european union for the financial year 2006, the european union solidarity fund shall be mobilised to provide the sum of eur 106 357 627 in commitment and payment appropriations. article 2 this decision shall be published in the official journal of the european union. done at brussels, 27 april 2006. for the european parliament the president j. borrell fontelles for the council the president h. winkler (1) oj c 283, 20.11.2002, p. 1. (2) oj l 311, 14.11.2002, p. 3.
name: 2005/706/ec: decision of the european parliament and of the council of 7 september 2005 on the mobilisation of the european union solidarity fund according to point 3 of the interinstitutional agreement of 7 november 2002 between the european parliament, the council and the commission on the financing of the european union solidarity fund supplementing the interinstitutional agreement of 6 may 1999 on budgetary discipline and improvement of the budgetary procedure type: decision subject matter: budget; europe; economic policy; eu finance; deterioration of the environment; cooperation policy date published: 2005-10-14; 2006-12-12 14.10.2005 en official journal of the european union l 269/21 decision of the european parliament and of the council of 7 september 2005 on the mobilisation of the european union solidarity fund according to point 3 of the interinstitutional agreement of 7 november 2002 between the european parliament, the council and the commission on the financing of the european union solidarity fund supplementing the interinstitutional agreement of 6 may 1999 on budgetary discipline and improvement of the budgetary procedure (2005/706/ec) the european parliament and the council of the european union, having regard to the interinstitutional agreement of 7 november 2002 between the european parliament, the council and the commission on the financing of the european union solidarity fund supplementing the interinstitutional agreement of 6 may 1999 on budgetary discipline and improvement of the budgetary procedure (1), and in particular point 3 thereof, having regard to council regulation (ec) no 2012/2002 of 11 november 2002 establishing the european union solidarity fund (2), having regard to the proposal from the commission, whereas: (1) the european union has created a solidarity fund (the fund) to show solidarity with the population of regions struck by disasters. (2) slovakia submitted an application to mobilise the fund on 24 january 2005, following a disaster caused by a storm. (3) the interinstitutional agreement of 7 november 2002 allows mobilisation of the fund within an annual ceiling of eur 1 billion. (4) the storm disaster in slovakia in november 2004 fulfils the criteria for mobilising the european union solidarity fund, have adopted this decision: article 1 the european union solidarity fund shall be mobilised to provide the sum of eur 5 667 578 in commitment appropriations from the general budget of the european union for the financial year 2005. article 2 this decision shall be published in the official journal of the european union. done at strasbourg, 7 september 2005. for the european parliament the president j. borrell fontelles for the council the president d. alexander (1) oj c 283, 20.11.2002, p. 1. (2) oj l 311, 14.11.2002, p. 3.
name: 2004/155/ec: decision of the european parliament and of the council of 18 december 2003 on the mobilisation of the flexibility instrument in favour of the rehabilitation and reconstruction of iraq according to point 24 of the interinstitutional agreement of 6 may 1999 type: decision subject matter: na; economic conditions; eu finance; cooperation policy; asia and oceania date published: 2004-02-23 avis juridique important\|32004d01552004/155/ec: decision of the european parliament and of the council of 18 december 2003 on the mobilisation of the flexibility instrument in favour of the rehabilitation and reconstruction of iraq according to point 24 of the interinstitutional agreement of 6 may 1999 official journal l 054 , 23/02/2004 p. 0001 - 0002decision of the european parliament and of the councilof 18 december 2003on the mobilisation of the flexibility instrument in favour of the rehabilitation and reconstruction of iraq according to point 24 of the interinstitutional agreement of 6 may 1999(2004/155/ec)the european parliament and the council of the european union,having regard to the interinstitutional agreement of 6 may 1999 between the european parliament, the council and the commission on budgetary discipline and improvement of the budgetary procedure(1), and in particular point 24 thereof,having regard to the proposal from the commission(2),whereas:(1) following the european council of 19 and 20 june 2003 in thessaloniki, the commission proposed that the community share of the european contribution amount to eur 200 million over the 2003-2004 period, with eur 40 million mobilised in 2003 and eur 160 million in 2004.(2) the amount foreseen for 2004 was not entered in the preliminary draft budget for 2004. accordingly, the commission has proposed to budget the eur 160 million under the new dedicated budget line created through the amending letter no 1 to pdb 2004 (article 19 08 07). at the conciliation meeting on 24 november 2003 the european parliament and the council accepted this amending letter with an amount of eur 160 million on the line created for "aid for rehabilitation and reconstruction of iraq" and the mobilisation of the flexibility instrument for an amount of eur 95 million,have adopted this decision:article 1for the general budget of the european union for the financial year 2004 (hereinafter "the 2004 budget"), the flexibility instrument shall be used to provide the sum of eur 95000000 in commitment appropriations.this amount shall be used for the financing of the aid for rehabilitation and reconstruction of iraq, covered by heading 4 "external actions" of the financial perspective, under the new article 19 08 07 of the 2004 budget.article 2this decision shall be published in the official journal of the european union at the same time as the 2004 budget.done at strasbourg, 18 december 2003.for the european parliamentthe presidentpat coxfor the councilthe presidentgianluigi magri(1) oj c 172, 18.6.1999, p. 1. agreement modified by european parliament and council decision 2003/429/ec (oj l 147, 14.6.2003, p. 25).(2) not yet published in official journal.
name: decision no 291/2003/ec of the european parliament and of the council of 6 february 2003 establishing the european year of education through sport 2004 type: decision subject matter: social affairs; european construction; culture and religion; teaching date published: 2003-02-18 avis juridique important\|32003d0291decision no 291/2003/ec of the european parliament and of the council of 6 february 2003 establishing the european year of education through sport 2004 official journal l 043 , 18/02/2003 p. 0001 - 0005decision no 291/2003/ec of the european parliament and of the councilof 6 february 2003establishing the european year of education through sport 2004the european parliament and the council of the european union,having regard to the treaty establishing the european community, and in particular article 149 thereof,having regard to the proposal from the commission(1),having regard to the opinion of the european economic and social committee(2),having regard to the opinion of the committee of the regions(3),acting in accordance with the procedure laid down in article 251 of the treaty(4),whereas:(1) promoting good quality education is one of the objectives of the european community.(2) the educational values of sport were acknowledged by the nice european council of 7, 8 and 9 december 2000, thus confirming previous declarations, particularly declaration 29 attached to the amsterdam treaty in which sport is defined as something which forges the identity of people.(3) the nice european council called upon the community institutions to take due account of the educational values of sport in its action under various provisions of the treaty, stressing in particular that it is important for member states, with the support of the community, to encourage voluntary activity.(4) the resolution of the council and of the ministers for youth meeting within the council of 17 december 1999 on the non-formal education dimension of sporting activities in the european community youth programmes(5) considers that sporting activities can have a pedagogical value which contributes to strengthening civil society and calls upon the commission to devise, in cooperation with the member states, a coherent approach in order to exploit the educational potential of sport.(5) in its resolution on the commission report on safeguarding current sports structures and maintaining the social function of sport(6), the european parliament underlined the educational and social value of sport, as well as its role in combating racism and xenophobia.(6) in its resolution of 13 june 1997 on the role of the european union in the field of sport(7), the european parliament called for the organisation of a european year of sport.(7) the committee of the regions noted in its opinion on the commission's consultation paper "the european model of sport" how important sport is in shaping the individual.(8) in its report on sport made to the european council in helsinki, the commission examined the merits of using sport in education and youth-related matters given the values conveyed by sport.(9) regular exercise improves psychological and physical health and can make a positive contribution to the learning process.(10) the education of young sportsmen and sportswomen should not suffer as a result of their participation in competitive sport.(11) education through sport should promote personal identity and development for girls and boys.(12) educational and training institutions at all levels should make fuller use of the opportunities offered by sport for transnational mobility and cultural exchanges.(13) the olympic and other sporting events in 2004 will heighten media coverage and public awareness of sport. this is an ideal opportunity to underline the educational value of sport.(14) action in member states is the main way in which public awareness of the educational value of sport can be raised. however, the community can support and reinforce such action through the establishment of a european year of education through sport.(15) a european year of education through sport will complement and reinforce existing community action to promote education and training, as well as the social inclusion of disadvantaged persons.(16) the european year of education through sport should be opened up for participation by the efta/eea countries in accordance with the conditions established under the european economic area agreement (eea), and by the associated central and eastern european countries in line with the conditions laid down pursuant to their respective europe agreements. for cyprus, this participation should be funded by additional appropriations in accordance with arrangements to be agreed upon, and for malta and turkey by additional appropriations in accordance with the ec treaty.(17) this decision lays down for the entire duration of the programme a financial framework constituting the prime reference, within the meaning of point 33 of the interinstitutional agreement between the european parliament, the council and the commission of 6 may 1999 on budgetary discipline and improvement of the budgetary procedure(8).(18) since the objectives of the proposed action cannot be sufficiently achieved by the member states and can therefore, by reason of their scale, especially for the need for multilateral partnerships, transnational exchange of information and community-wide dissemination of good practices, be better achieved at community level, the community may adopt measures, in accordance with the principle of subsidiarity as set out in article 5 of the treaty. in accordance with the principle of proportionality, as set out in that article, this decision does not go beyond what is necessary in order to achieve those objectives.(19) the measures necessary for the implementation of this decision should be adopted in accordance with council decision 1999/468/ec of 28 june 1999 laying down the procedures for the exercise of implementing powers conferred on the commission(9),have decided as follows:article 1the european year of education through sportthe year 2004 shall be designated "european year of education through sport".article 2aimsthe aims of the european year of education through sport shall be as follows:(a) to make educational institutions and sports organisations aware of the need for cooperation in order to develop education through sport and its european dimension, given the very great interest that young people take in all kinds of sport;(b) to take advantage of the values conveyed through sport to develop knowledge and skills whereby young people in particular can develop their physical prowess and readiness for personal effort and also social abilities such as teamwork, solidarity, tolerance and fair play in a multicultural framework;(c) to promote awareness of the positive contribution that voluntary activities make to non-formal education, especially of young people;(d) to promote the educational value of pupil mobility and exchanges particularly in a multicultural environment through the organisation of sporting and cultural contacts as part of school activity;(e) to encourage the exchange of good practice concerning the role sport can play in education systems to promote the social inclusion of disadvantaged groups;(f) to create a better balance between intellectual and physical activity in school life by encouraging sport in school activities;(g) to consider the problems relating to the education of young sportsmen and sportswomen taking part in competitive sports.article 3content of the measures1. the measures taken to attain the objectives set out in article 2 shall include the organisation of the following activities in 2004 or the granting of support for such activities:(a) meetings, european educational competitions and events highlighting achievements and experiences on the theme of the european year of education through sport;(b) voluntary actions at european level during olympic and other sporting events in 2004;(c) information and promotional campaigns, including cooperation with the media to disseminate the educational values of sport;(d) events promoting the educational value of sport and providing examples of good practice;(e) financial support for transnational, national, regional or local initiatives to promote the objectives of the european year of education through sport.2. a detailed description of the measures referred to in paragraph 1 is set out in the annex hereto.article 4implementation and cooperation with the member states1. the commission shall be responsible for ensuring that community measures adopted pursuant to this decision are implemented in accordance with the procedure provided for in article 5(2) and in full compliance with the principle of subsidiarity.2. each member state shall designate one or more appropriate bodies to be responsible for participation in the european year of education through sport and for coordination and implementation at the appropriate level of the measures provided for in this decision, inter alia, by assisting with the selection procedure referred to in article 7.article 5committee1. the commission shall be assisted by a committee.2. where reference is made to this paragraph, articles 3 and 7 of decision 1999/468/ec shall apply, having regard to the provisions of article 8 thereof.3. the committee shall adopt its rules of procedure.article 6financial arrangements1. measures which are community-wide in nature, as described in part a of the annex, may be subsidised from the general budget of the european union up to a maximum of 80 % of the total cost.2. measures of community interest which are local, regional, national or transnational in nature, as described in part b of the annex, may be co-financed from the general budget of the european union up to a maximum of 50 % of the total cost.article 7application and selection procedure1. applications for co-financing of measures from the community budget under article 6(2) shall be submitted to the commission by the body or bodies referred to in article 4(2). applications shall include information making it possible to assess the outcomes using objective criteria. the commission shall take the utmost account of the evaluation provided by the bodies concerned.2. decisions on co-financing of measures under article 6 shall be taken by the commission in accordance with the procedure provided for in article 5(2). the commission shall ensure a balanced distribution among member states and among the different fields of activity involved.3. the commission, in particular through its national or regional contact points, shall, in conjunction with the bodies referred to in article 4(2), ensure that the calls for proposals are published in good time and distributed as widely as possible.article 8consistency and complementarity1. the commission, in cooperation with the member states, shall ensure that the measures provided for in this decision are consistent with other community actions and initiatives.2. the commission shall ensure that the european year of education through sport complements as far as possible other existing community, national and regional initiatives and resources, where these can contribute to fulfilling the objectives of the european year of education through sport.article 9participation by certain third countriesthe european year of education through sport shall be open to participation by:(a) the efta/eea countries in accordance with the conditions established under the eea agreement;(b) the associated central and eastern european countries in accordance with the conditions established pursuant to their respective europe agreements;(c) cyprus, whose participation shall be funded by additional appropriations in accordance with procedures to be agreed with that country;(d) malta and turkey, whose participation shall be funded by additional appropriations in accordance with the provisions of the treaty.article 10budget1. the financial framework for the implementation of this decision is hereby set at eur 11,5 million.2. the annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.3. at the commission's initiative, funding may also be provided for the period 2004 for expenditure on technical and administrative assistance for the mutual benefit of the commission and the beneficiaries of the measure and falling outside the realm of ongoing public service tasks, relating to the identification, preparation, management, follow-up, audit and monitoring of the measures.article 11international cooperationthe commission may cooperate with the council of europe and other appropriate international organisations for the purposes of the european year of education through sport, in accordance with the procedure provided for in article 5(2).article 12monitoring and evaluationthe commission shall submit, by 31 december 2005 at the latest, a report to the european parliament, the council, the economic and social committee and the committee of the regions on the implementation, results and overall assessment of the measures provided for in this decision.article 13entry into forcethis decision shall enter into force on the day following that of its publication in the official journal of the european union.done at brussels, 6 february 2003.for the european parliamentthe presidentp. coxfor the councilthe presidentp. efthymiou(1) oj c 25 e, 29.1.2002, p. 531.(2) oj c 149, 21.6.2002, p. 17.(3) oj c 278, 14.11.2002, p. 21.(4) opinion of the european parliament of 14 may 2002 (not yet published in the official journal), council common position of 14 october 2002 (oj c 275 e, 12.11.2002, p. 70) and decision of the european parliament of 19 december 2002.(5) oj c 8, 12.1.2000, p. 5.(6) oj c 135, 7.5.2001, p. 274.(7) oj c 200, 30.6.1997, p. 252.(8) oj c 172, 18.6.1999, p. 1.(9) oj l 184, 17.7.1999, p. 23.annexmeasures referred to in article 3a. action at community level1. meetings and events:(a) organisation of meetings;(b) organisation of events to raise awareness on education through sport, including conferences to open and close the european year of education through sport;(c) voluntary actions during olympic and other sporting events in 2004.2. information and promotional campaigns involving:(a) the development of a logo and slogans for the european year of education through sport, for use in connection with any activity linked to it;(b) an information campaign;(c) the production of tools and aids accessible to people throughout the community;(d) appropriate initiatives by educational institutions and sports organisations aimed at disseminating information on the european year of education through sport;(e) the organisation of european educational competitions highlighting achievements and experiences on the themes of the european year of education through sport.3. other actions:(a) setting-up of an on-line database, using available resources, as a means of disseminating good practice across member states for the use of sport as a tool for education and, in particular, for promoting the social integration of disadvantaged groups;(b) surveys and studies that assess the impact of the european year of education through sport.4. funding may take the form of:(a) direct purchase of goods and services, in particular in the field of communication, surveys and studies as referred to in point 3(b) above, via open and/or restricted calls for tenders;(b) subsidies allocated to cover the expenses of special events to highlight and raise awareness of the european year of education through sport; such funding shall not exceed 80 % of the total cost.b. action at national leveldepending on the nature and content proposed, local, regional, national or transnational actions may qualify for aid from the community covering up to a maximum of 50 % of the total cost. these actions may, for instance, include:1. events connected with the objectives of the european year of education through sport, including an event to launch the year;2. information campaigns and measures to disseminate examples of good practice, other than those mentioned in part a above;3. the organisation of awards or competitions that highlight the importance of education through sport;4. surveys and studies other than those mentioned in part a above.c. action for which no community financial aid is availablethe community will offer its moral support, including written authorisation to use the logo and other materials associated with the european year of education through sport, for initiatives undertaken by public or private organisations, where those organisations can satisfy the commission that the initiatives involved are or will be in progress during the year 2004 and are likely to contribute significantly to achieving one or more of the objectives of the european year of education through sport.
name: 2002/620/ec: decision of the european parliament, the council, the commission, the court of justice, the court of auditors, the economic and social committee, the committee of the regions and the european ombudsman of 25 july 2002 establishing a european communities personnel selection office - declaration by the bureau of the european parliament type: decision subject matter: eu institutions and european civil service; personnel management and staff remuneration date published: 2002-07-26 avis juridique important\|32002d06202002/620/ec: decision of the european parliament, the council, the commission, the court of justice, the court of auditors, the economic and social committee, the committee of the regions and the european ombudsman of 25 july 2002 establishing a european communities personnel selection office - declaration by the bureau of the european parliament official journal l 197 , 26/07/2002 p. 0053 - 0055decision of the european parliament, the council, the commission, the court of justice, the court of auditors, the economic and social committee, the committee of the regions and the european ombudsmanof 25 july 2002establishing a european communities personnel selection office(2002/620/ec)the european parliament, the council of the european union, the european commission, the court of justice, the court of auditors, the economic and social committee, the committee of the regions and the european ombudsman,having regard to the staff regulations of officials of the european communities and to the conditions of employment of other servants of the european communities, as laid down by council regulation (eec, euratom, ecsc) no 259/68(1), as last amended by regulation (ec, ecsc, euratom) no 490/2002(2), and in particular the third paragraph of article 2 of the said staff regulations,having regard to the opinion of the staff regulations committee,whereas:(1) in the interests of making efficient and economic use of resources, a common interinstitutional body should be entrusted with the means of selecting officials and other servants to serve the european communities.(2) the interinstitutional body so established should have the task of drawing up reserve lists from among candidates in open competitions in line with the needs indicated by each institution and in compliance with the staff regulations, the decisions to appoint successful candidates being taken by each appointing authority.(3) on the same terms, the interinstitutional body should also be able to assist the institutions, bodies, offices and agencies established by or in accordance with the treaties with their internal competitions and the selection of other servants,have decided as follows:article 1establishmenta european communities personnel selection office (hereinafter referred to as "the office") is hereby established.article 2powers1. the office shall exercise the powers of selection conferred under the first paragraph of article 30 of the staff regulations and under annex iii thereto on the appointing authorities of the institutions signing this decision. in exceptional cases only and with the agreement of the office, the institutions may hold their own open competitions to meet specific needs for highly specialised staff.2. where the powers referred to in paragraph 1 are conferred on the appointing authority of a body, office or agency established by or in accordance with the treaties, the office may exercise such powers at the request of the latter.3. the decisions to appoint successful candidates shall be taken by the appointing authorities of the european parliament, the council, the commission, the court of justice, the court of auditors, the economic and social committee, the committee of the regions and the european ombudsman and by any body, office or agency established by or in accordance with the treaties which has delegated its powers to, or called on the services of, the office.article 3duties1. in response to requests made to it by the appointing authorities referred to in article 2, the office shall draw up reserve lists from among candidates in open competitions as referred to in the first paragraph of article 30 of the staff regulations and in accordance with annex iii thereto.2. the office may assist the institutions, bodies, offices and agencies established by or in accordance with the treaties with internal competitions and the selection of other servants.article 4requests, complaints and appealsin accordance with article 91a of the staff regulations, requests and complaints relating to the exercise of the powers conferred under article 2(1) and (2) of this decision shall be lodged with the office. any appeal in these areas shall be made against the commission.article 5implementationthe secretaries-general of the european parliament, the council and the commission, the registrar of the court of justice, the secretaries-general of the court of auditors, the economic and social committee and the committee of the regions and the representative of the european ombudsman shall by mutual agreement take the measures necessary to implement this decision.article 6effective datethis decision shall take effect on the day of its publication in the official journal of the european communities.for the european parliamentthe presidentpatrick coxfor the councilthe presidentjaume matas i paloufor the commissionthe presidentromano prodifor the court of justicethe presidentgil carlos rodr guez iglesiasfor the court of auditorsthe presidentjuan manuel fabra vall sfor the economic and social committeethe presidentg. frerichsfor the committee of the regionsthe presidentsir albert borethe european ombudsmanjacob s derman(1) oj l 56, 4.3.1968, p. 1.(2) oj l 77, 20.3.2002, p. 1.declaration by the bureau of the european parliamentthe bureau of the european parliament1. has authorised its president to sign the decision of the institutions establishing the european communities personnel selection office (the "office"), and its secretary-general to sign the two subsidiary decisions concerning its operations;2. affirms that the institutional autonomy of the european parliament is not affected by the creation of the office, in so far as it will remain exclusively competent for the recruitment of permanent officials, in accordance with its institutional interests, from the reserve lists drawn up by the office;3. recalls that the selection and recruitment of other categories of staff, in particular the staff of the political groups, remains the exclusive competence of the european parliament, except in so far as it may seek the technical assistance of the office in this respect;4. recalls likewise that the organisation of internal competitions, permitting the passage of officials from one category to another, remains the exclusive responsibility of the european parliament; reiterates its intention periodically to organise internal competitions for the different staff categories;5. confirms its commitment to a multilingual and multicultural administration which is balanced from a linguistic and geographical point of view; gives notice that the capacity of the office to provide reserve lists such as to allow a recruitment policy ensuring such balance is one of the main criteria on which its performance will be judged;6. further gives notice that, in the event of the office not being able to provide reserve lists sufficient to guarantee linguistic and geographical balance, the european parliament reserves its right autonomously to organise specific selection competitions to redress the situation in accordance with article 2 of the decision establishing the office;7. recalls its decision of 8 april to instruct parliament's representatives on the management board of the office not to approve the use of age limits in the organisation of open selection competitions.
name: decision no 36/2002/ec of the european parliament and of the council of 19 december 2001 concerning the community contribution to the global fund to fight hiv/aids, tuberculosis and malaria type: decision subject matter: health; international affairs; european construction; economic conditions; cooperation policy date published: 2002-01-11 avis juridique important\|32002d0036decision no 36/2002/ec of the european parliament and of the council of 19 december 2001 concerning the community contribution to the global fund to fight hiv/aids, tuberculosis and malaria official journal l 007 , 11/01/2002 p. 0001 - 0002decision no 36/2002/ec of the european parliament and of the councilof 19 december 2001concerning the community contribution to the global fund to fight hiv/aids, tuberculosis and malariathe european parliament and the council of the european union,having regard to the treaty establishing the european community, and in particular article 179 thereof,having regard to the proposal from the commission,acting in accordance with the procedure referred to in article 251 of the treaty(1),whereas:(1) concern is increasing over the devastating impact of the three major communicable diseases hiv/aids, tuberculosis and malaria on human suffering and on economic and social development, and hence on efforts to reduce poverty, in particular for the most vulnerable sections of the populations of developing countries.(2) the g8 okinawa summit of july 2000 pledged to contribute significantly to the fight against communicable diseases and to break the vicious circle between diseases and poverty.(3) the council, in its resolution of 15 may 2001, and the european parliament, in its resolution of 4 october 2001, both endorsed a community programme entitled programme for action: accelerated action on hiv/aids, malaria and tuberculosis in the context of poverty reduction.(4) the joint declaration of 31 may 2001 by the council and the commission and the european parliament resolution of 4 october 2001 on communicable diseases and poverty welcomed the proposal of the un secretary general to establish a global fund to fight hiv/aids, tuberculosis and malaria (hereinafter called "global fund"), and stressed that contributions to the global fund should be additional to existing resources.(5) at the g8 genova summit of july 2001, the commission announced, with the support of the community and the member states, its intention to pledge eur 120 million in response to the appeal of the un general assembly.(6) this fund is being established on behalf of the international donors community and beneficiary countries. it will be administered by the trustee of the global fund in accordance with the purpose of the fund, as stated in its governance and management rules.(7) the objective of the fund will be to address the communicable diseases hiv/aids, tuberculosis and malaria in developing countries, pursuing a balanced approach with a primary focus on prevention.(8) the community agrees to make a contribution of eur 60 million in 2001 from the community budget. this contribution will be managed alongside the other contributions to the global fund in accordance with the principles of sound and efficient management.(9) the commission will propose a legal base for future contributions for the implementation of the programme for action on the three communicable diseases including any further contributions to the global fund,have decided as follows:article 11. the community shall contribute to the global fund to fight hiv/aids, tuberculosis and malaria, eur 60 million for 2001.2. the contribution to the global fund will be made by means of a financing agreement to be concluded between the commission and the trustee of the global fund.3. the contribution will be administered following the rules and procedures to be established for the global fund, agreed with the commission and to be annexed to the financing agreement.article 21. the commission will forward all relevant information to the european parliament, the council and the court of auditors and will request from the global fund all supplementary information that the european parliament, the council and the court of auditors may wish to receive as regards the financial operation of the global fund. the commission and the court of auditors may carry out any necessary checks and inspections in order to protect the community financial interest against fraud and irregularities.2. in 2002 the commission shall submit to the european parliament and council a first report on the governance and working methods of the global fund. from 2003 onwards, reporting on the implementation of the programme for action including the global fund shall be part of the community's annual report on external assistance.article 3this decision shall enter into force on the day of its publication in the official journal of the european communities.done at brussels, 19 december 2001.for the european parliamentthe presidentn. fontainefor the councilthe presidenta. neyts-uyttebroeck(1) opinion of the european parliament of 29 november 2001 (not yet published in the official journal) and decision of the council of 6 december 2001.
name: council decision (eu) 2019/1320 of 18 july 2019 on the signing, on behalf of the union, and provisional application of the agreement in the form of an exchange of letters between the european union and ukraine amending the trade preferences for poultry meat and poultry meat preparations provided for by the association agreement between the european union and the european atomic energy community and their member states, of the one part, and ukraine, of the other part type: decision subject matter: european construction; tariff policy; trade; international affairs; foodstuff; animal product; europe date published: 2019-08-06 6.8.2019 en official journal of the european union l 206/1 council decision (eu) 2019/1320 of 18 july 2019 on the signing, on behalf of the union, and provisional application of the agreement in the form of an exchange of letters between the european union and ukraine amending the trade preferences for poultry meat and poultry meat preparations provided for by the association agreement between the european union and the european atomic energy community and their member states, of the one part, and ukraine, of the other part the council of the european union, having regard to the treaty on the functioning of the european union, and in particular the first subparagraph of article 207(4), in conjunction with article 218(5) thereof, having regard to the proposal from the european commission, whereas: (1) the association agreement between the european union and the european atomic energy community and their member states, of the one part, and ukraine, of the other part (1) (the association agreement) entered into force on 1 september 2017. (2) a new type of poultry cut consists of a traditional breast cap with the humerus bones of the wings attached and can, after minimal transformation in the union, be marketed in the union as poultry breast. unlimited imports of those cuts, of which imports from ukraine reached 55 500 tons in 2018, therefore risk undermining the conditions under which traditional poultry breast cuts may be imported into the union under the association agreement, in particular the quantitative restrictions in the form of a tariff rate quota. (3) on 20 december 2018, the council authorised the commission to open negotiations with ukraine with a view to finding a solution by amending the trade preferences for poultry meat and poultry meat preparations provided for by the association agreement. those negotiations were successfully concluded on 19 march 2019. (4) the agreement in the form of an exchange of letters between the european union and ukraine amending the trade preferences for poultry meat and poultry meat preparations provided for by the association agreement (the agreement in the form of an exchange of letters) should be signed on behalf of the union, subject to its conclusion. (5) in order to rapidly eliminate the risk of potentially unlimited duty free imports of those poultry cuts, the agreement in the form of an exchange of letters should be applied on a provisional basis, has adopted this decision: article 1 the signing, on behalf of the union, of the agreement in the form of an exchange of letters between the european union and ukraine amending the trade preferences for poultry meat and poultry meat preparations provided for by the association agreement between the european union and the european atomic energy community and their member states, of the one part, and ukraine, of the other part, is hereby authorised, subject to the conclusion of the said agreement in the form of an exchange of letters. article 2 the president of the council is hereby authorised to designate the person(s) empowered to sign the agreement in the form of an exchange of letters on behalf of the union. article 3 pending its entry into force, the agreement in the form of an exchange of letters shall be applied on a provisional basis from the first day of the month following the date of receipt by the depositary referred to in article 484 of the association agreement of: the union's notification on the completion of the procedures necessary for this purpose; and ukraine's notification of the completion of ratification in accordance with its procedures and applicable legislation, whichever is later. article 4 this decision shall enter into force on the date of its adoption. done at brussels, 18 july 2019. for the council the president t. tuppurainen (1) oj l 161, 29.5.2014, p. 3.
name: commission implementing decision (eu) 2019/1300 of 26 july 2019 as regards the placing on the market of a genetically modified carnation (dianthus caryophyllus l., line flo-40685-2) (notified under document c(2019) 5496) (text with eea relevance.) type: decision_impl subject matter: europe; technology and technical regulations; agricultural activity; marketing date published: 2019-08-02 2.8.2019 en official journal of the european union l 204/46 commission implementing decision (eu) 2019/1300 of 26 july 2019 as regards the placing on the market of a genetically modified carnation (dianthus caryophyllus l., line flo-40685-2) (notified under document c(2019) 5496) (only the dutch text is authentic) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to directive 2001/18/ec of the european parliament and of the council of 12 march 2001 on the deliberate release into the environment of genetically modified organisms and repealing council directive 90/220/eec (1), and in particular the first subparagraph of article 18(1) thereof, after consulting the european food safety authority, whereas: (1) pursuant to directive 2001/18/ec, the placing on the market of a product containing or consisting of a genetically modified organism or a combination of genetically modified organisms is subject to written consent being granted by the competent authority of the member state that received the notification for the placing on the market of that product. (2) in october 2013, a notification concerning the placing on the market of a genetically modified carnation (dianthus caryophyllus l., line flo-40685-2) was submitted by suntory holdings limited, osaka, japan, to the competent authority of the netherlands. (3) the notification covers import, distribution and retailing of cut flowers of the genetically modified carnation dianthus caryophyllus l., line flo-40685-2. (4) in accordance with article 14 of directive 2001/18/ec, the competent authority of the netherlands prepared an assessment report, which concluded that there are no reasons on the basis of which consent for the placing on the market of cut flowers of the genetically modified carnation (dianthus caryophyllus l., line flo-40685-2) for ornamental use should be withheld, if specific conditions are fulfilled. (5) the assessment report was submitted to the commission and the competent authorities of the other member states, some of which raised objections to the placing on the market of the product. one member state maintained its objections. (6) in its opinion of 10 march 2016, the european food safety authority (the authority), concluded that there is no scientific reason to consider that the import, distribution and retailing in the union of carnation flo-40685-2 cut flowers for ornamental use will cause any adverse effect on human health or the environment (2). the authority also found that the monitoring plan provided by the consent holder was acceptable in the light of the intended uses of the flo-40685-2 carnation. (7) an examination of the opinion of the authority, which took into consideration the full notification, the assessment report drafted by the competent authority of the netherlands, the member states' objections and the additional information provided by the notifier in order to answer to the member states' objections, discloses no reason to believe that the placing on the market of cut flowers of the genetically modified carnation dianthus caryophyllus l., line flo-40685-2, will adversely affect human health or the environment in the context of its proposed ornamental use. (8) a unique identifier should be assigned to the genetically modified carnation dianthus caryophyllus l., line flo-40685-2, for the purposes of regulation (ec) no 1830/2003 of the european parliament and of the council (3) and commission regulation (ec) no 65/2004 (4). (9) in light of the opinion of the authority, it is not necessary to establish specific conditions for the intended use with regard to the handling or packaging of the product and the protection of particular ecosystems, environments or geographical areas. (10) the labelling of the product should include information that cut flowers of the genetically modified carnation dianthus caryophyllus l., line flo-40685-2, may not be used for human or animal consumption nor for cultivation. (11) a detection method, as required in annex iii b.d.12 of directive 2001/18/ec, was verified and tested for the genetically modified carnation dianthus caryophyllus l., line flo-40685-2, in december 2016. (12) the committee set up under article 30(1) of directive 2001/18/ec has not delivered an opinion within the time-limit laid down by its chairman. an implementing act was deemed to be necessary and the chair submitted the draft implementing act to the appeal committee for further deliberation. the appeal committee did not deliver an opinion, has adopted this decision: article 1 consent 1. written consent shall be granted by the competent authority of the netherlands to the placing on the market of the genetically modified carnation dianthus caryophyllus l., line flo-40685-2, notified by suntory holdings limited, osaka, japan (reference c/nl/13/02) and defined in article 2. 2. the consent shall be given in writing and shall explicitly specify the requirements set out in articles 3 and 4 and the unique identifier set out in article 2(3). 3. the consent shall be limited to the placing on the market of cut flowers of the genetically modified carnation dianthus caryophyllus l., line flo-40685-2, as a product. 4. the consent shall cover progeny derived through vegetative reproduction of the genetically modified carnation dianthus caryophyllus l., line flo-40685-2. 5. the period of validity of the consent shall be 10 years starting from the date on which the consent is issued. article 2 product 1. the genetically modified organism to be placed on the market is a carnation (dianthus caryophyllus l.), with modified flower colour, derived from a dianthus caryophyllus l. cell culture, and transformed with agrobacterium tumefaciens, strain agl0, using the vector pcgp1991, and resulting in line flo-40685-2. the genetically modified carnation contains the following dna in three cassettes: (a) cassette 1 the petunia dfr gene encoding dihydroflavonol 4-reductase (dfr), a key enzyme in the anthocyanin biosynthetic pathway, including its own promoter and terminator. (b) cassette 2 the promoter sequence from snapdragon chalcone synthase gene, flavonoid 3 5 -hydroxylase (f3 5 h) from viola hortensis cdna encoding f3 5 h, a key enzyme in the anthocyanin biosynthetic pathway, and the terminator from the d8 petunia gene encoding a putative phospholipid transfer protein. these two cassettes were inserted into the plant genome to obtain the desired flower colour. (c) cassette 3 the cauliflower mosaic virus 35s promoter, the 5 -untranslated region from the petunia gene encoding chlorophyll a/b binding protein, the surb (als) gene coding for a mutant acetolactate synthase (als) derived from nicotiana tabacum, which confers tolerance to sulfonylurea, including its own terminator. this trait was used as a marker in the selection of transformants. 2. the genetically modified carnation contains the insert, or part of it, in four loci: locus 1: one copy of the t-dna, containing the three cassettes and an incomplete copy of t-dna containing only the f3 5 h cassette with the right t-dna border. the two t-dna copies are separated by a carnation genomic dna region, locus 2: one insert containing the d8 terminator and the right t-dna border, locus 3: one complete and one incomplete copy of the f3 5 h cassette, both containing d8 terminator sequences and the right t-dna borders in a tail-to-tail orientation, locus 4: an incomplete copy of the als cassette and the left t-dna border. 3. the unique identifier of the genetically modified carnation shall be flo-4685-2. article 3 conditions for placing on the market the genetically modified carnation dianthus caryophyllus l., line flo-40685-2, may be placed on the market subject to the following conditions: (a) the genetically modified carnation may only be used for ornamental purposes; (b) the cultivation of the genetically modified carnation is not allowed; (c) without prejudice to confidentiality requirements set out in article 25 of directive 2001/18/ec, the methodology for detecting and identifying the genetically modified carnation, including experimental data demonstrating the specificity of the methodology, as validated by the european union reference laboratory is publicly available at http://gmo-crl.jrc.ec.europa.eu/valid-2001-18.htm; (d) without prejudice to confidentiality requirements set out in article 25 of directive 2001/18/ec, the consent holder, whenever requested to do so, makes positive and negative control samples of the product, or its genetic material, or reference materials available to the competent authorities and to inspection services of member states as well as to union control laboratories; (e) the words this product is a genetically modified organism or this product is a genetically modified carnation, and the words not for human or animal consumption nor for cultivation appear either on a label or, for non-pre-packaged products, in a document accompanying the genetically modified carnations. article 4 monitoring 1. throughout the period of validity of the consent, the consent holder shall ensure that the monitoring plan, contained in the notification and consisting of a general surveillance plan to check for any adverse effects on human health or the environment arising from handling or use of the genetically modified carnation dianthus caryophyllus l., line flo-40685-2, is put in place and implemented. the monitoring plan is available at [link: plan published on the internet]. 2. the consent holder shall directly inform the operators and users concerning the safety and general characteristics of the genetically modified carnation and of the conditions as to monitoring, including the appropriate management measures to be taken in case of accidental propagation. 3. the consent holder shall submit to the commission and to the competent authorities of the member states annual reports on the results of the monitoring activities. 4. the consent holder shall be in the position to give evidence to the commission and the competent authorities of the member states: (a) that the existing monitoring networks, including national botanic survey networks and plant protection services, as specified in the monitoring plan contained in the notification, gather the information relevant for the monitoring of the genetically modified carnation; and (b) that these existing monitoring networks referred to in point (a) have agreed to make available that information to the consent holder before the date of submission of the monitoring reports to the commission and competent authorities of the member states in accordance with paragraph 3. article 5 addressee this decision is addressed to the kingdom of the netherlands. done at brussels, 26 july 2019. for the commission vytenis andriukaitis member of the commission (1) oj l 106, 17.4.2001, p. 1. (2) efsa gmo panel (efsa panel on genetically modified organisms), 2016. scientific opinion on a part c notification (reference c/nl/13/02) from suntory holdings limited for the import, distribution and retailing of carnation flo-40685-2 cut flowers with modified petal colour for ornamental use. efsa journal 2016;14(4):4431, 18 pp. doi: 10.2903/j.efsa.2016.4431. (3) regulation (ec) no 1830/2003 of the european parliament and of the council of 22 september 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending directive 2001/18/ec (oj l 268, 18.10.2003, p. 24). (4) commission regulation (ec) no 65/2004 of 14 january 2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms (oj l 10, 16.1.2004, p. 5).
name: council decision (cfsp) 2019/1298 of 31 july 2019 in support of an africa-china-europe dialogue and cooperation on preventing the diversion of arms and ammunition in africa type: decision subject matter: defence; international security; asia and oceania; africa; europe; cooperation policy; trade policy date published: 2019-08-02 2.8.2019 en official journal of the european union l 204/37 council decision (cfsp) 2019/1298 of 31 july 2019 in support of an africa-china-europe dialogue and cooperation on preventing the diversion of arms and ammunition in africa the council of the european union, having regard to the treaty on european union, and in particular articles 28(1) and 31(1) thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) the arms trade treaty (att) entered into force on 24 december 2014, and all member states are party to it. the att aims to establish the highest possible common international standards to regulate the legal trade in conventional weapons and to prevent and eradicate the illicit trade in conventional arms and prevent their diversion. (2) on 19 november 2018, the council adopted the eu strategy against illicit firearms, small arms & light weapons and their ammunition securing arms, protecting citizens (the strategy). the full and effective implementation of the 2001 un programme of action to prevent, combat and eradicate the illicit trade in small arms and light weapons in all its aspects is the main objective of the strategy. the strategy states that the eu will continue to promote responsible and effective arms export control and that it will continue supporting the universalisation and implementation of the att. the strategy also states that the eu will continue to support the african union and relevant regional economic communities in their efforts against the illicit trade in small arms and light weapons and their ammunition. (3) in january 2017, the 28th ordinary session of the assembly of the african union adopted the african union master roadmap of practical steps to silence the guns in africa by year 2020 thereby committing member states of the african union to: curb the illegal inflow and circulation of illicit arms; impede access to arms by rebels/insurgents; and cut links with suppliers and recipients of illicit arms, including imposing bans, in line with the att. (4) in its conclusions on an eu strategy for china of 18 july 2016, the council supported the establishment of regular and substantial eu dialogue with china to seek, in conjunction with member states, greater common ground on disarmament, non-proliferation, counterterrorism, migration and cyber-security. (5) on 30 june 2018, the third united nations conference to review progress made in the implementation of the un programme of action against illicit small arms and light weapons adopted an outcome document in which states renew their commitment to preventing and combating the diversion of small arms and light weapons. states reaffirm their willingness to pursue international cooperation and to reinforce regional cooperation, through improved coordination, consultation, information exchange and operational cooperation, involving relevant regional and sub-regional organizations, as well as law enforcement, border control and export and import licensing authorities. states also commit to exchanging and, in accordance with states' national legal frameworks and security requirements, applying experiences, lessons learned and best practices relating to small arms and light weapons export, import and transit control, including certification processes and end-user certificates. (6) the 2030 agenda for sustainable development affirms that combating the illicit trade in small arms and light weapons is necessary for the achievement of many sustainable development goals, including those relating to peace, justice and strong institutions, poverty reduction, economic growth, health, gender equality and safe cities. therefore, in sustainable development goal 16.4, all states have committed to significantly reducing illicit financial and arms flows. (7) on 27 february 2012, the council adopted decision 2012/121/cfsp (1), in support of activities to promote an eu-china-africa dialogue and cooperation on conventional arms control. that project was successfully implemented by saferworld, but more efforts in this field are needed to reach the objectives set out in that decision. (8) since 2008, the council has adopted eleven decisions in support of outreach for responsible arms export control in accordance with the att and with council common position 2008/944/cfsp (2), but engagement with china on this topic has been limited, has adopted this decision: article 1 1. the purpose of this decision is to contribute to preventing and combating the diversion of arms and ammunition in africa. 2. pursuant to paragraph 1, the union shall support the following objectives: (a) to raise awareness of stakeholders in africa, china and the union on how the illicit flow of arms, particularly small arms and light weapons (salw) and their ammunition, to unauthorised actors contributes significantly towards exacerbating insecurity and violence in various parts of africa, thereby undermining social cohesion, public security, socio-economic development and the effective functioning of state institutions; (b) to promote accountability and responsibility with regard to the legal arms trade and by demonstrating to stakeholders in africa, china and the union how effective arms export control can contribute to mitigating the risk of diversion of arms into the illicit market. 3. to achieve those objectives, this decision shall support the establishment and development of a joint non-governmental africa-china-europe expert working group on conventional arms control (the ewg), the main tasks of which will be to increase awareness and engagement and bring about action by the policy communities in africa, china, and the union, and to strengthen regional and international cooperation to prevent the diversion of arms and ammunition in africa. 4. the expected outcomes of this decision are the following: (a) better understanding of the impact of arms diversion and misuse in africa resulting from joint research and action-oriented analysis by african, chinese and union researchers and academics, with recommendations for specific projects supported by china; (b) increased awareness by stakeholders in africa, china and the union of the role of effective arms export control in mitigating the risk of diversion and negative impacts of illicit arms and ammunition in africa; (c) increased contribution of china to relevant international and regional initiatives, including the african union's silencing the guns in africa by 2020 initiative and the implementation of the att; (d) the consideration of small arms control on the agenda of the forum on china-africa cooperation (focac) dialogue; (e) creation of new fora bringing together experts from government, civil society, business and academia from africa, china and the union, who will help inform the eu-china high-level strategic dialogue. 5. the direct beneficiaries of the projects will be an estimated 500 policy community actors in africa, china and the union, including non-governmental organisations, think tanks, industry representatives, government officials in charge of conventional arms control, and parliamentarians. the indirect beneficiaries will be the population, communities, groups and individuals in africa who are adversely affected by the proliferation of illicit arms and ammunition in the continent. 6. a detailed description of the project is set out in the annex to this decision. article 2 1. the high representative of the union for foreign affairs and security policy (hr) shall be responsible for implementing this decision. 2. the technical implementation of the project referred to in article 1 shall be carried out by the non-governmental organisation saferworld. 3. saferworld shall perform its tasks under the responsibility of the hr. for that purpose, the hr shall enter into the necessary arrangements with saferworld. article 3 1. the financial reference amount for the implementation of the project financed by the union referred to in article 1 shall be eur 994 007. 2. the expenditure financed by the reference amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the union budget. 3. the commission shall supervise the proper management of the expenditure referred to in paragraph 1. for that purpose, it shall conclude the necessary financing agreement with saferworld. the financing agreement shall provide that saferworld is to ensure the visibility of the union's contribution, appropriate to its size. 4. the commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this decision. it shall inform the council of any difficulties in that process and of the date of conclusion of the financing agreement. article 4 1. the hr shall report to the council on the implementation of this decision on the basis of regular quarterly reports prepared by saferworld. those reports shall form the basis of the evaluation to be carried out by the council. 2. the commission shall report on the financial aspects of the project referred to in article 1. article 5 1. this decision shall enter into force on the date of its adoption. 2. this decision shall expire 36 months after the date of conclusion of the financing agreement referred to in article 3(3). however, it shall expire six months after the date of its entry into force if no agreement has been concluded within that period. done at brussels, 31 july 2019. for the council the president t. tuppurainen (1) council decision 2012/121/cfsp of 27 february 2012 in support of activities to promote eu-china-africa dialogue and cooperation on conventional arms controls (oj l 54, 28.2.2012, p. 8). (2) council common position 2008/944/cfsp of 8 december 2008 defining common rules governing control of exports of military technology and equipment (oj l 335, 13.12.2008, p. 99). annex africa-china-europe dialogue and cooperation on preventing the diversion of arms and ammunition in africa 1. description of project and activities the project will consist of two main phases, as summarised below under sections 1.1 on the establishment of an ewg and 1.2 on outreach to stakeholders in africa, china and the union promoting actions to be undertaken in preventing diversion of arms and ammunition in africa. 1.1. phase 1: establishment and development of a joint non-governmental africa-china-europe expert working group on preventing diversion of arms and ammunition in africa 1.1.1. objectives to establish a joint non-governmental africa-china-europe expert working group (ewg) bringing together african, chinese and union non-governmental experts who will engage in outreach to stakeholders in africa, china and the union and will support trilateral dialogue and cooperation on preventing diversion of arms and ammunition in africa, with a view to: (a) illustrating the security, socio-economic and humanitarian cost of the diversion of arms, especially small arms and light weapons and their ammunition, in africa and to demonstrate the ways in which improved arms transfer control, also on the supply side, can contribute to reducing the risk of diversion of arms in the hands of unauthorised actors; (b) helping to inform the eu-china high-level strategic dialogue, especially on security and arms control cooperation in africa; (c) sharing information, ideas, expertise and research amongst its members and assessing the effectiveness of current policies and initiatives; (d) actively approaching and making recommendations to governmental stakeholders. african, chinese, union and member state officials will be invited to observe and contribute to the work of the ewg. 1.1.2. activities activities to be supported in the implementation of tasks referred to under phase 1 will include: (a) mapping out and development by saferworld of an engagement approach to key partners and stakeholders in governments, business sector, civil society organisations, academic institutions, multilateral agencies, as well as regional and community level actors, who will be crucial for the success and sustainability of the project; (b) building upon the achievements of the union project supported under decision 2012/121/cfsp: (i) organisation of up to 20 preparatory and follow-up meetings in africa, china and in europe to enhance awareness of the project, including the structure and timeline, and ensure the support of relevant authorities (ii) identification of key experts in africa, china and the union who will be involved in the ewg; (iii) development of detailed work plans for the establishment and operationalisation of the ewg; (iv) establishment of a project coordination team; (v) delineation and allocation of responsibilities among the team; and (vi) monitoring and evaluation of progress in the implementation of activities; (c) creation of the ewg supporting trilateral dialogue and cooperation. the ewg is expected to include nine small arms control experts from africa, china and europe to be drawn from think tanks, research centres and academic institutions, who will be chosen on the basis of their interests, expertise and ability to engage in the project; (d) creation of an ewg website, which will act as an online platform for the public interface of the ewg; (e) three meetings of the ewg (one in africa, one in china and one in europe) to enable interaction and shared learning among ewg members and officials from africa, china, the union and the member states, as well as to provide guidance in the implementation of awareness-raising and research activities. 1.1.3. results the ewg becomes the bedrock foundation for the dialogue process promoted by this decision, playing a crucial role in bringing together small arms control experts from africa, china and europe, helping bridge the gap between the research and policy communities and ensuring that the project's outputs are effectively transmitted to the governments in africa, china, europe and to the institutions of the union. 1.2. phase 2: outreach to governmental stakeholders in africa, china and the union on preventing diversion and combating the illegal possession, transfer and use of arms and ammunition in africa 1.2.1. objectives (a) achieving a reduction in the diversion of arms and ammunition on the african continent, thus reducing threats to human security and contributing to a peaceful and secure environment for african citizens and fostering development; (b) supporting african states with the implementation of the african union master roadmap of practical steps to silence the guns in africa by 2020 and the relevant strategies of the regional economic communities; (c) fostering synergies with the implementation of other relevant international and regional initiatives, including the att, the un programme of action on salw and the un firearms protocol; (d) coordinating and synergizing with relevant union supported initiatives in africa, including the eu's arms export control and att outreach projects supported by council decisions (cfsp) 2018/299 (1) and (cfsp) 2018/101 (2) and conflict armament research ltd. (car)'s itrace project supported by council decision (cfsp) 2017/2283 (3); (e) engaging with the multi-year legal review process that is currently underway in china, which will result in the adoption of a new export control law; (f) supporting small arms control work at the community level by reaching out to people at the grassroots level and providing opportunities for them to express themselves and offer ways to reduce the human cost of illicit arms and ammunition; (g) supporting joint research and action oriented analysis by african, chinese and union experts on the problems associated with arms and ammunition diversion and misuse in africa, with recommendations for specific actions that help address and reduce the threats associated with illicit arms and ammunition. these may include, but are not limited to: export control; safe and secure arms and ammunition storage; destruction of surplus arms and ammunition; marking, record-keeping and tracing, including cooperation with united nations missions tasked with identification and tracing of illicit arms; monitoring and enforcement of arms embargoes; and the exchange of operational information to disrupt arms-trafficking networks. 1.2.2. activities activities to be supported in the implementation of tasks referred to under phase 2 will include: (a) two seminars (one in africa and one in china) on promoting accountability and responsibility with regard to the arms trade and preventing the diversion of arms and ammunition to unauthorised and destabilising actors in africa to be held under the aegis of the ewg, whose members will assist saferworld and will also participate in the events; (b) production and dissemination of a briefing paper on combating the proliferation of illicit arms and ammunition in africa: recommendations to focac, in advance of the 2021 focac summit; (c) production and dissemination of a briefing paper in english and chinese on proliferation of illicit arms and ammunition in africa: what can supplier states do to mitigate the risk of diversion?; (d) three field research visits by the ewg each lasting ten days in three selected african countries to address issues related to the proliferation and uncontrolled circulation of illicit arms and ammunition (including the complexity of diversion processes from authorised transfers or holdings; and problematic trans-border phenomena, such as cattle rustling, that are nurtured by the proliferation of illicit arms and ammunition); (e) production of three research papers (in chinese, english and french) by the ewg on the field research, with recommendations on practical actions required to address illicit arms and ammunition, with a special focus on the role of arms suppliers in africa, china and the union in reducing the risk of diversion; (f) around 20 bilateral meetings with african, chinese and member states' officials to share and effectively communicate the ewg recommendations, build awareness and political traction for cooperative projects at the official level; (g) production and dissemination of one research report (in chinese, english and french) on illicit arms and ammunition proliferation in africa, which will assess the effectiveness of current actions and will include recommendations for actionable projects that will help to better tackle illicit arms and ammunition, thus reducing their harmful impact, and contributing to improved national, regional and international peace and security. the report will include a special focus on the role of arms suppliers in africa, china and the union in reducing the risk of diversion of arms in africa; (h) conduct one closing seminar in china to communicate the recommendations from the research and dialogue process and demonstrate the benefits of cooperation among africa, china, the union and the member states and participation in joint activities, as well as establishing processes to sustain the dialogue in the future. 1.2.3. results increased awareness, knowledge and understanding of 500 african, chinese and union policy community actors, including officials in charge of conventional arms export controls, scholars, parliamentarians, non-governmental organisations, industry representatives and journalists, of the factors contributing to the widespread availability of illicit arms and ammunition in africa, the key issues and impacts on the ground and the role and responsibility of arms supplier states in mitigating the risk of diversion when transferring arms. improved dialogue, interaction, and cooperation on preventing and combating diversion of arms and ammunition amongst 60 african, chinese, union and member states' officials and civil society actors, including through the identification of areas for practical cooperation between africa, china and the union, which will help reduce the diversion of arms and ammunition in africa. reduction in the number of occurrences and cases of arms and ammunition being diverted to unauthorised and destabilising actors in africa. support for the implementation of the african union master roadmap of practical steps to silence the guns in africa by year 2020 and the un programme of action against illicit salw. greater alignment of national norms and regulations in africa and china with international arms export control standards, such as the att, with a view to mitigating the risk of diversion when trading in arms. the return of arms control on the agenda of focac as a vital entry point for enhancing dialogue and cooperation between africa and china on preventing diversion of arms to unauthorised and destabilising actors in africa. production of a body of evidence-based analysis of the problem of illicit arms and ammunition in africa, drawing from joint field research by african, chinese and union experts that will contribute to a better all-round understanding of the diversion and re-transfer of arms to unauthorised and destabilising actors in africa and provide stronger common ground for africa, china and the union to work together more effectively to tackle the problem. the identification of practical means to address the threats associated with the proliferation of illicit arms and ammunition and the need for collective and co-operative international responses, in line with major international and regional commitments and policy initiatives, such as the un programme of action against illicit salw, the international tracing instrument, the 2030 agenda for sustainable development, the arms trade treaty, the african union strategy on the control of illicit proliferation, circulation and trafficking of small arms and light weapons, the eu-china 2020 strategic agenda for cooperation, the eu strategy on china, and the eu strategy against illicit firearms, small arms and light weapons and their ammunition and the relevant strategies and action plans of the regional economic communities. enhanced capacity of african national authorities and regional organisations to identify specific needs for technical assistance and identification of suitable platforms in their dialogue with china and the eu to channel resources to meet such needs. 2. participants and venues of seminars/workshops and closing and opening events unless otherwise specified in the text of this annex, saferworld will propose potential participants and venues for seminars and other events that are envisaged under the project, which will then be endorsed by the hr, in consultation with the competent council bodies. 3. gender saferworld will mainstream gender into strategies and activities related to the implementation of this project so that women and men influence, participate in, and benefit equitably from the project. as far as possible, saferworld will encourage project partners to put forward mixed gender delegations to participate in project activities and ensure that the gender impact of illicit arms and ammunition is included in all seminars and study visits. 4. partners it is envisaged that the main project partners will be the china arms control and disarmament association and the security research and information centre (kenya). 5. steering committee the steering committee for this project will be composed of a representative of the hr, of the commission and of saferworld. the steering committee will review the implementation of this decision once every 6 months, including by the use of electronic means of communication. 6. reporting saferworld will provide narrative reports on a six monthly basis to review progress towards project results. saferworld will also submit annual narrative and financial reports and a final report within 6 months of the end of the implementation period. 7. union visibility and availability of assistance material material produced in the context of the project and the dedicated website will ensure the visibility of the union, based in particular on the logo and graphic chart of the communication and visibility manual for european union external actions. union delegations should be involved in events in third countries to enhance political follow-up and visibility. (1) council decision (cfsp) 2018/299 of 26 february 2018 promoting the european network of independent non-proliferation and disarmament think tanks in support of the implementation of the eu strategy against proliferation of weapons of mass destruction (oj l 56, 28.2.2018, p. 46). (2) council decision (cfsp) 2018/101 of 22 january 2018 on the promotion of effective arms export controls (oj l 17, 23.1.2018, p. 40). (3) council decision (cfsp) 2017/2283 of 11 december 2017 in support of a global reporting mechanism on illicit small arms and light weapons and other illicit conventional weapons and ammunition to reduce the risk of their illicit trade (itrace iii) (oj l 328, 12.12.2017, p. 20).
name: commission implementing decision (eu) 2019/1309 of 26 july 2019 authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean mon 87751 (mon-87751-7), pursuant to regulation (ec) no 1829/2003 of the european parliament and of the council (notified under document c(2019) 5489) (text with eea relevance.) type: decision_impl subject matter: agricultural activity; plant product; marketing; health; foodstuff; technology and technical regulations date published: 2019-08-02 2.8.2019 en official journal of the european union l 204/90 commission implementing decision (eu) 2019/1309 of 26 july 2019 authorising the placing on the market of products containing, consisting of or produced from genetically modified soybean mon 87751 (mon-87751-7), pursuant to regulation (ec) no 1829/2003 of the european parliament and of the council (notified under document c(2019) 5489) (only the dutch and french texts are authentic) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (ec) no 1829/2003 of the european parliament and of the council of 22 september 2003 on genetically modified food and feed (1), and in particular articles 7(3) and 19(3) thereof, whereas: (1) on 26 september 2014, monsanto europe s.a./n.v. submitted on behalf of monsanto company, united states, an application, in accordance with articles 5 and 17 of regulation (ec) no 1829/2003, for the placing on the market of foods, food ingredients and feed containing, consisting of or produced from genetically modified soybean mon 87751 (the application) to the national competent authority of the netherlands. the application also covered the placing on the market of products containing or consisting of genetically modified soybean mon 87751 for uses other than food and feed, with the exception of cultivation. (2) in accordance with articles 5(5) and 17(5) of regulation (ec) no 1829/2003, the application included information and conclusions about the risk assessment carried out in accordance with the principles set out in annex ii to directive 2001/18/ec of the european parliament and of the council (2) and the information required by annexes iii and iv to that directive. it also included a monitoring plan for environmental effects in accordance with annex vii to directive 2001/18/ec. (3) on 2 august 2018, the european food safety authority (the authority) issued a favourable opinion in accordance with articles 6 and 18 of regulation (ec) no 1829/2003 (3). the authority concluded that genetically modified soybean mon 87751, as described in the application, is as safe as and nutritionally equivalent to its conventional counterpart and the tested non-genetically modified soybean reference varieties, with respect to the potential effects on human and animal health and the environment. (4) in its opinion, the authority considered all the questions and concerns raised by the member states in the context of the consultation of the national competent authorities as provided for by articles 6(4) and 18(4) of regulation (ec) no 1829/2003. (5) the authority also concluded that the monitoring plan for environmental effects consisting of a general surveillance plan, submitted by the applicant, was in line with the intended uses of the products. (6) taking those conclusions into account, the placing on the market of products containing, consisting of or produced from genetically modified soybean mon 87751 should be authorised for the uses listed in the application. (7) by letter dated 27 august 2018, monsanto europe n.v. informed the commission that monsanto europe n.v. converted its legal form and changed its name to bayer agriculture bvba, belgium. (8) a unique identifier should be assigned to genetically modified soybean mon 87751 in accordance with commission regulation (ec) no 65/2004 (4). (9) on the basis of the authority's opinion, no specific labelling requirements, other than those provided for in articles 13(1) and 25(2) of regulation (ec) no 1829/2003 and in article 4(6) of regulation (ec) no 1830/2003 of the european parliament and of the council (5), appear to be necessary for the products covered by this decision. however, in order to ensure that the use of those products remains within the limits of the authorisation granted by this decision, the labelling of the products containing or consisting of genetically modified soybean mon 87751, with the exception of food products, should contain a clear indication that they are not intended for cultivation. (10) in order to account for the implementation and the results of the activities set out in the monitoring plan for environmental effects, the authorisation holder should submit annual reports, presented in accordance with the standard reporting format requirements laid down in commission decision 2009/770/ec (6). (11) the opinion of the authority does not justify the imposition of specific conditions or restrictions for the placing on the market, for the use and handling, including post-market monitoring requirements regarding the consumption of the food and feed, or for the protection of particular ecosystems/environment or geographical areas, as provided for in articles 6(5)(e) and 18(5)(e) of regulation (ec) no 1829/2003. (12) all relevant information on the authorisation of the products should be entered in the community register of genetically modified food and feed referred to in article 28(1) of regulation (ec) no 1829/2003. (13) this decision is to be notified through the biosafety clearing-house to the parties to the cartagena protocol on biosafety to the convention on biological diversity, pursuant to articles 9(1) and 15(2)(c) of regulation (ec) no 1946/2003 of the european parliament and of the council (7). (14) the standing committee on plants, animals, food and feed has not delivered an opinion within the time limit laid down by its chairman. this implementing act was deemed to be necessary and the chair submitted it to the appeal committee for further deliberation. the appeal committee did not deliver an opinion, has adopted this decision: article 1 genetically modified organism and unique identifier genetically modified soybean (glycine max (l.) merr.) mon 87751, as specified in point (b) of the annex to this decision, is assigned the unique identifier mon-87751-7, in accordance with regulation (ec) no 65/2004. article 2 authorisation the following products are authorised for the purposes of articles 4(2) and 16(2) of regulation (ec) no 1829/2003 in accordance with the conditions set out in this decision: (a) foods and food ingredients containing, consisting of or produced from genetically modified soybean mon-87751-7; (b) feed containing, consisting of or produced from genetically modified soybean mon-87751-7; (c) products containing or consisting of genetically modified soybean mon-87751-7 for uses other than those provided for in points (a) and (b), with the exception of cultivation. article 3 labelling 1. for the purposes of the labelling requirements laid down in articles 13(1) and 25(2) of regulation (ec) no 1829/2003 and in article 4(6) of regulation (ec) no 1830/2003, the name of the organism shall be soybean. 2. the words not for cultivation shall appear on the label of and in the documents accompanying products containing or consisting of genetically modified soybean mon-87751-7, with the exception of products referred to in point (a) of article 2. article 4 method for detection the method set out in point (d) of the annex shall apply for the detection of genetically modified soybean mon-87751-7. article 5 monitoring for environmental effects 1. the authorisation holder shall ensure that the monitoring plan for environmental effects, as set out in point (h) of the annex, is put in place and implemented. 2. the authorisation holder shall submit to the commission annual reports on the implementation and the results of the activities set out in the monitoring plan in accordance with decision 2009/770/ec. article 6 community register the information set out in the annex shall be entered in the community register of genetically modified food and feed, as referred to in article 28(1) of regulation (ec) no 1829/2003. article 7 authorisation holder the authorisation holder shall be monsanto company, united states, represented by bayer agriculture bvba, belgium. article 8 validity this decision shall apply for a period of 10 years from the date of its notification. article 9 addressee this decision is addressed to bayer agriculture bvba, scheldelaan 460, 2040 antwerp, belgium. done at brussels, 26 july 2019. for the commission vytenis andriukaitis member of the commission (1) oj l 268, 18.10.2003, p. 1. (2) directive 2001/18/ec of the european parliament and of the council of 12 march 2001 on the deliberate release into the environment of genetically modified organisms and repealing council directive 90/220/eec (oj l 106, 17.4.2001, p. 1). (3) efsa gmo panel (efsa panel on genetically modified organisms), 2018. scientific opinion on the assessment of genetically modified soybean mon 87751 for food and feed uses under regulation (ec) no 1829/2003 (application efsa-gmo-nl-2014 121). efsa journal 2018; 16(8):5346, 32 pp. doi: 10.2903/j.efsa.2018.5346 (4) commission regulation (ec) no 65/2004 of 14 january 2004 establishing a system for the development and assignment of unique identifiers for genetically modified organisms (oj l 10, 16.1.2004, p. 5). (5) regulation (ec) no 1830/2003 of the european parliament and of the council of 22 september 2003 concerning the traceability and labelling of genetically modified organisms and the traceability of food and feed products produced from genetically modified organisms and amending directive 2001/18/ec (oj l 268, 18.10.2003, p. 24). (6) commission decision 2009/770/ec of 13 october 2009 establishing standard reporting formats for presenting the monitoring results of the deliberate release into the environment of genetically modified organisms, as or in products, for the purpose of placing on the market, pursuant to directive 2001/18/ec of the european parliament and of the council (oj l 275, 21.10.2009, p. 9). (7) regulation (ec) no 1946/2003 of the european parliament and of the council of 15 july 2003 on transboundary movements of genetically modified organisms (oj l 287, 5.11.2003, p. 1). annex (a) applicant and authorisation holder: name : monsanto company address : 800 n. lindbergh boulevard, st. louis, missouri 63167, united states of america represented by bayer agriculture bvba, scheldelaan 460, 2040 antwerp, belgium. (b) designation and specification of the products: (1) foods and food ingredients containing, consisting of or produced from genetically modified soybean mon-87751-7; (2) feed containing, consisting of or produced from genetically modified soybean mon-87751-7; (3) products containing or consisting of genetically modified soybean mon-87751-7 for uses other than those provided in points (1) and (2), with the exception of cultivation. the genetically modified soybean mon-87751-7 was developed to confer protection against certain lepidopteran pests through the expression of cry1a.105 and cry2ab2 genes. (c) labelling: (1) for the purposes of the labelling requirements laid down in articles 13(1) and 25(2) of regulation (ec) no 1829/2003, and in article 4(6) of regulation (ec) no 1830/2003, the name of the organism shall be soybean; (2) the words not for cultivation shall appear on the label of and in documents accompanying the products containing or consisting of genetically modified soybean mon-87751-7, with the exception of products referred to in point (b)(1) of this annex. (d) method for detection: (1) event-specific real time quantitative pcr detection methods for genetically modified soybean mon-87751-7. (2) validated by the eu reference laboratory established under regulation (ec) no 1829/2003, published at http://gmo-crl.jrc.ec.europa.eu/statusofdossiers.aspx; (3) reference material: aocs 0215-a is accessible via the american oil chemists' society (aocs) at https://www.aocs.org/crm. (e) unique identifier: mon-87751-7 (f) information required under annex ii to the cartagena protocol on biosafety to the convention on biological diversity: [biosafety clearing-house, record id number: published in the community register of genetically modified food and feed when notified]. (g) conditions or restrictions on the placing on the market, use or handling of the products: not required. (h) monitoring plan for environmental effects: monitoring plan for environmental effects in accordance with annex vii to directive 2001/18/ec. [link: plan published in the community register of genetically modified food and feed] (i) post market monitoring requirements for the use of the food for human consumption not required. note: links to relevant documents may need to be modified over time. those modifications will be made available to the public via the updating of the community register of genetically modified food and feed.
name: council decision (cfsp) 2019/1297 of 31 july 2019 amending decision (cfsp) 2016/2382 establishing a european security and defence college (esdc) type: decision subject matter: employment; eu institutions and european civil service; personnel management and staff remuneration; teaching; european construction; education date published: 2019-08-02 2.8.2019 en official journal of the european union l 204/36 council decision (cfsp) 2019/1297 of 31 july 2019 amending decision (cfsp) 2016/2382 establishing a european security and defence college (esdc) the council of the european union, having regard to the treaty on european union, and in particular articles 28(1), 42(4) and 43(2) thereof, having regard to the proposal from the high representative of the union for foreign affairs and security policy, whereas: (1) on 21 december 2016, the council adopted decision (cfsp) 2016/2382 (1), establishing a european security and defence college (esdc). (2) on 14 may 2018, the council adopted decision (cfsp) 2018/712 (2), entrusting the esdc with the creation of the cyber education, training, evaluation and exercise platform, while noting the need to ensure complementarity with other union efforts and initiatives. (3) on 6 november 2018, the council adopted decision (cfsp) 2018/1655 (3), amending decision (cfsp) 2016/2382 and establishing a financial reference amount for the period from 1 january 2019 to 31 december 2019. (4) on 20 september 2018, the political and security committee adopted the terms of reference for the eu civilian training group as a special configuration of the committee for civilian aspects of crisis management. (5) on 15 march 2019, during the meeting of the eu civilian training group, member states expressed the need for union financial support for the civilian coordinators for training (cct). (6) on 3 june 2019, the esdc steering committee decided that the esdc should administer and manage the costs relating to travel and accommodation expenses of the cct. (7) decision (cfsp) 2016/2382 should therefore be amended accordingly, has adopted this decision: article 1 in article 4(3) of decision (cfsp) 2016/2382, the following point is added: (j) support the committee for civilian aspects of crisis management and the eu civilian training group by administering and managing the travel and accommodation costs relating to the activities of the civilian coordinators for training. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 31 july 2019. for the council the president t. tuppurainen (1) council decision (cfsp) 2016/2382 of 21 december 2016 establishing a european security and defence college (esdc) and repealing decision 2013/189/cfsp (oj l 352, 23.12.2016, p. 60). (2) council decision (cfsp) 2018/712 of 14 may 2018 amending decision (cfsp) 2016/2382 establishing a european security and defence college (esdc) (oj l 119, 15.5.2018, p. 37). (3) council decision (cfsp) 2018/1655 of 6 november 2018 amending decision (cfsp) 2016/2382 establishing a european security and defence college (esdc) (oj l 276, 7.11.2018, p. 9).
name: commission implementing decision (eu) 2019/1273 of 26 july 2019 concerning certain interim protective measures relating to african swine fever in slovakia (notified under document c(2019) 5777) (text with eea relevance.) type: decision_impl subject matter: europe; regions of eu member states; agricultural policy; agricultural activity; health; means of agricultural production; international trade date published: 2019-07-30 30.7.2019 en official journal of the european union l 201/6 commission implementing decision (eu) 2019/1273 of 26 july 2019 concerning certain interim protective measures relating to african swine fever in slovakia (notified under document c(2019) 5777) (only the slovak text is authentic) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to council directive 89/662/eec of 11 december 1989 concerning veterinary checks in intra-community trade with a view to the completion of the internal market (1), and in particular article 9(3) thereof, having regard to council directive 90/425/eec of 26 june 1990 concerning veterinary checks applicable in intra-union trade in certain live animals and products with a view to the completion of the internal market (2), and in particular article 10(3) thereof, whereas: (1) african swine fever is an infectious viral disease affecting domestic and feral pig populations and can have a severe impact on the profitability of pig farming causing disturbance to trade within the union and exports to third countries. (2) in the event of an outbreak of african swine fever, there is a risk that the disease agent might spread to other pig holdings and to feral pigs. as a result, it may spread from one member state to another member state and to third countries through trade in live pigs or their products. (3) council directive 2002/60/ec (3) lays down minimum measures to be applied within the union for the control of african swine fever. article 9 of directive 2002/60/ec provides for the establishment of protection and surveillance zones in the event of outbreaks of that disease where the measures laid down in articles 10 and 11 of that directive are to apply. (4) slovakia has informed the commission of the current african swine fever situation on its territory, and in accordance with article 9 of directive 2002/60/ec, it has established protection and surveillance zones where the measures referred to in articles 10 and 11 of that directive are applied. (5) in order to prevent any unnecessary disturbance to trade within the union and to avoid unjustified barriers to trade by third countries, it is necessary to describe at union level the areas established as protection and surveillance zones for african swine fever in slovakia in collaboration with that member state. (6) accordingly, pending the next meeting of the standing committee on plants, animals, food and feed, the areas identified as protection and surveillance zones in slovakia should be set out in the annex to this decision and the duration of that regionalisation fixed. (7) this decision is to be reviewed at the next meeting of the standing committee on plants, animals, food and feed, has adopted this decision: article 1 slovakia shall ensure that the protection and surveillance zones established in accordance with article 9 of directive 2002/60/ec comprise at least the areas listed as the protection and surveillance zones in the annex to this decision. article 2 this decision shall apply until 30 october 2019. article 3 this decision is addressed to the slovak republic. done at brussels, 26 july 2019. for the commission vytenis andriukaitis member of the commission (1) oj l 395, 30.12.1989, p. 13. (2) oj l 224, 18.8.1990, p. 29. (3) council directive 2002/60/ec of 27 june 2002 laying down specific provisions for the control of african swine fever and amending directive 92/119/eec as regards teschen disease and african swine fever (oj l 192, 20.7.2002, p. 27). annex slovakia areas as referred to in article 1 date applicable until protection zone municipality of str ne 30 october 2019 surveillance zone municipalities of vini ky, ladmovce, zempl n, streda n./b., sv t m ria, svinice, rad as hru ov, sv tu e, somotor, m. kamenec, v. kamenec, v. hore , m. hore , priben k 30 october 2019
name: commission implementing decision (eu) 2019/1277 of 29 july 2019 repealing implementing decision 2012/630/eu on the recognition of the legal and supervisory framework of canada as equivalent to the requirements of regulation (ec) no 1060/2009 of the european parliament and of the council on credit rating agencies (text with eea relevance.) type: decision_impl subject matter: executive power and public service; consumption; budget; information technology and data processing; america; free movement of capital; management; financing and investment; financial institutions and credit date published: 2019-07-30 30.7.2019 en official journal of the european union l 201/20 commission implementing decision (eu) 2019/1277 of 29 july 2019 repealing implementing decision 2012/630/eu on the recognition of the legal and supervisory framework of canada as equivalent to the requirements of regulation (ec) no 1060/2009 of the european parliament and of the council on credit rating agencies (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (ec) no 1060/2009 of the european parliament and of the council of 16 september 2009 on credit rating agencies (1), and in particular article 5(6) thereof, whereas: (1) article 5(6) of regulation (ec) no 1060/2009 empowers the commission to adopt an equivalence decision, stating that the legal and supervisory framework of a third country ensures that credit rating agencies (cras) authorised or registered in that third country comply with legally binding requirements which are equivalent to the requirements set out in that regulation and which are subject to effective supervision and enforcement in that third country. in order to be considered as equivalent the legal and supervisory framework is to fulfil at a minimum the conditions set out in article 5(6) of regulation (ec) no 1060/2009. (2) on 5 october 2012, the commission adopted implementing decision 2012/630/eu (2), observing these three conditions are fulfilled and considering the canadian legal supervisory framework for cras as equivalent to the requirements of regulation (ec) no 1060/2009 in force at that time. (3) the canadian legal and supervisory framework still fulfils the three conditions originally laid down in article 5(6) of regulation (ec) no 1060/2009. regulation (eu) no 462/2013 of the european parliament and of the council (3) introduced additional requirements for cras registered in the union making the legal and supervisory regime for those cras more stringent. these additional requirements include legally binding rules for cras on rating outlooks, conflicts of interest management, confidentiality requirements, quality of rating methodologies, and the presentation and disclosure of credit ratings. (4) pursuant to point (1)(b) of the second paragraph of article 2 of regulation (eu) no 462/2013, the additional requirements apply for the purposes of assessing the equivalence of third country legal and supervisory frameworks from 1 june 2018. (5) on 6 july 2017, the canadian supervisory authority published a notice with proposed amendments to national instrument 25-101 regarding designated rating organisations, stating that those amendments were needed in order to reflect new requirements for cras in the eu in order for the union to continue to recognize the canadian regulatory regime as equivalent for regulatory purposes in the union. (6) on 13 july 2017, the commission requested advice to european securities and markets authority (esma) on the equivalence of the legal and supervisory framework of inter alia canada with these additional requirements introduced by regulation (eu) no 462/2013 and its judgement on the material importance of any differences. (7) in its technical advice published on 17 november 2017, esma indicated that the canadian legal and supervisory framework in relation to cras would include sufficient provisions to meet the objectives of the additional requirements introduced by regulation (eu) no 462/2013 in case the proposed rule change were implemented into law before 1 june 2018. (8) on 29 march 2018, the canadian supervisory authority published on its website that is still considering the comments received during the comment period and plans to delay the amendments to ni 25-101 until a later date in 2018. however, the canadian supervisory authority informed the commission services that plans to amend national instrument 25-101 regarding designated rating organisations are currently on hold, without giving any new time indication. consequently, the assessment underlying this decision disregards any anticipated amendments. (9) regulation (eu) no 462/2013 introduces in article 3(1)w a definition of a rating outlook and regulation (ec) no 1060/2009 now extends certain requirements applicable to credit ratings to rating outlooks. the canadian framework does not recognise rating outlooks as a separate and distinct item from a credit rating, although there are certain references to actions, opinions and reports that are broad enough to include ratings outlooks on an implicit basis. (10) with a view to enhancing the perception of independence of credit rating agencies vis- -vis the rated entities, regulation (eu) no 462/2013 extends in article 6(4), 6a and 6b of regulation (ec) no 1060/2009 the rules on conflicts of interest to those caused by shareholders or members holding a significant position within the cra. the canadian framework is not as detailed or prescriptive as the union regime. although there is a generic requirement to design reasonable internal mechanisms whose adequacy and effectiveness would be monitored and evaluated to address any deficiency, there is no so detailed, explicit requirement to address conflicts of interest relating to significant shareholders. in addition, there is no prohibition from issuing a credit rating on an entity if a board member of the cra or a shareholder holding more than 10 % of shares or voting rights of the cra also holds more than 10 % of the shares in the rated entity. there is also no prohibition on an individual or entity holding more than 5 % of the shares or the voting rights of a cra from providing consultancy or advisory services to a rated entity of that cra. (11) regulation (eu) no 462/2013 introduces new provisions to ensure that confidential information is only used for purposes related to credit rating activities and is protected from fraud, theft or misuse. to that effect, article 10(2a) of regulation (ec) no 1060/2009 requires cras to treat all credit ratings, rating outlooks and information relating thereto as inside information up until the point of disclosure. the canadian legal and supervisory framework contains a definition of inside information, but credit ratings and information related thereto are not automatically recognised as such. (12) regulation (eu) no 462/2013 aims to increase the level of transparency and quality of rating methodologies. it introduces in annex i, section d, subsection i paragraph 3 of regulation (ec) no 1060/2009 an obligation for cras to provide a rated entity with the opportunity to indicate any possible factual errors ahead before publication of the credit rating or the rating outlook. the canadian legal and supervisory framework contains a requirement for a cra to inform a rated entity, without specifying whether during its business hours, about the critical information and principal considerations upon which a rating will be based prior to its publication although no time framework was set up within which the rated entity can respond. (13) regulation (eu) no 462/2013 introduces safeguards in article 8(5a), (6) aa and ab and (7) of regulation (ec) no 1060/2009 to ensure that any modification to rating methodologies does not result in less rigorous methodologies. although the canadian legal and supervisory framework requires that credit ratings are issued in accordance with methodologies that are rigorous, systematic, continuous and subject to validation, there is no explicit requirement that credit rating changes are issued in accordance with published methodologies. there is no obligation for cras to consult market participants on changes to or to correct errors in their methodologies. there is also no explicit requirement to notify the supervisor, other authorities or affected entities of any error to a methodology that could have an impact on its ratings. (14) regulation (eu) no 462/2013 strengthens the requirements regarding the presentation and disclosure of credit ratings. pursuant to article 8(2) and annex i, section d, subsection i paragraph 2a of regulation (ec) no 1060/2009 a cra shall accompany the disclosure of rating methodologies, models and key rating assumptions with clear and easily comprehensible guidance, which explains any assumptions, the parameters, limits and any uncertainties surrounding the models and rating methodologies used in credit rating process. under the canadian legal and supervisory framework, there is no a strict requirement to ensure adequate guidance accompanies a credit rating action and methodology. there is also no explicit requirement for a cra to highlight in the credit rating that the rating is the agency's opinion and should be relied upon to a limited degree. (15) with the aim of strengthening competition and limiting the scope for conflicts of interest in the cra sector, regulation (eu) no 462/2013 introduces a requirement in annex i, section e, subsection ii of regulation (ec) no 1060/2009 that fees charged by cras for credit ratings and ancillary services should be non-discriminatory and based on actual costs. it requires cras disclose certain financial information. the canadian legal and supervisory framework contains no systematic requirements for cras to provide pricing policies to either the supervisor or the rated entities, although the supervisor may request this information in case of investigation. furthermore, there is no requirement that fees charged to clients are to be cost based and non-discriminatory. (16) in view of the factors examined, the canadian legal and supervisory framework for cras does not satisfy all the conditions for equivalence laid down in the second subparagraph of article 5(6) of regulation (ec) no 1060/2009. therefore, it cannot be considered as equivalent to the legal and supervisory framework established by that regulation. (17) implementing decision 2012/630/eu should therefore be repealed. (18) the measures provided for in this decision are in accordance with the opinion of the european securities committee, has adopted this decision: article 1 implementing decision 2012/630/eu is repealed. article 2 this decision shall enter into force on the twentieth day following that of its publication in the official journal of the european union. done at brussels, 29 july 2019. for the commission the president jean-claude juncker (1) oj l 302, 17.11.2009, p.1 (2) commission implementing decision 2012/630/eu of 5 october 2012 on the recognition of the legal and supervisory framework of canada as equivalent to the requirements of regulation (ec) no 1060/2009 of the european parliament and of the council on credit rating agencies (oj l 278, 12.10.2012, p. 17). (3) regulation (eu) no 462/2013 of the european parliament and of the council of 21 may 2013 amending regulation (ec) no 1060/2009 on credit rating agencies (oj l 146, 31.5.2013, p. 1).
name: commission implementing decision (eu) 2019/1274 of 29 july 2019 on the equivalence of the legal and supervisory framework applicable to benchmarks in australia in accordance with regulation (eu) 2016/1011 of the european parliament and of the council (text with eea relevance.) type: decision_impl subject matter: budget; monetary relations; executive power and public service; information technology and data processing; asia and oceania; free movement of capital; financial institutions and credit; consumption; prices; financing and investment date published: 2019-07-30 30.7.2019 en official journal of the european union l 201/9 commission implementing decision (eu) 2019/1274 of 29 july 2019 on the equivalence of the legal and supervisory framework applicable to benchmarks in australia in accordance with regulation (eu) 2016/1011 of the european parliament and of the council (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) 2016/1011 of the european parliament and of the council of 8 june 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds and amending directives 2008/48/ec and 2014/17/eu and regulation (eu) no 596/2014 (1), and in particular article 30 thereof, whereas: (1) regulation (eu) 2016/1011 introduces a common framework to ensure the accuracy and integrity of indices used as benchmarks in financial instruments and financial contracts, or to measure the performance of investment funds in the union. (2) that regulation applies as of 1 january 2018 and non-union administrators benefit from a transitional period allowing for the use of third-country benchmarks in the union. following the expiry of the transitional period, a benchmark or a combination of benchmarks provided by an administrator located in a third country may only be used in the union where the benchmark and the administrator are included in the register maintained by the european securities and markets authority (esma) following the adoption of an equivalence decision by the commission, or a recognition or endorsement by competent authorities. (3) the commission is empowered to adopt implementing decisions stating that the legal and supervisory framework of a third country with respect to specific administrators or specific benchmarks or families of benchmarks are equivalent to the requirements under regulation (eu) 2016/1011. when assessing such equivalence, the commission takes into account whether the legal framework and supervisory practice of a third country ensures compliance with the iosco principles for financial benchmarks or, where applicable, with the iosco principles for oil price reporting agencies (pras), and that such specific administrators or specific benchmarks or families of benchmarks are subject to effective supervision and enforcement on an on-going basis in that third country. (4) benchmarks such as the australian bank bill swap rate and the s&p/asx 200 index are administered in australia and used in the union by a number of supervised entities. as a result, the commission undertook an assessment of the benchmarks regime in australia. (5) the legislative framework for establishing, supervising and administering benchmarks in australia comprises a licensing scheme and confers powers on the australian securities and investments commission (asic). it also requires administrators of significant benchmarks to obtain a benchmark administrator licence from asic. for benchmarks that are not declared significant by asic, the legislative framework in australia allows administrators to opt-in to the national regulatory framework by applying for a licence from asic in accordance with section 908bd of the corporations act and, as a result, renders them subject to asic rules for administrators and contributors. (6) asic licensees are subject to the conditions of the licence as well as a range of legislative requirements. legally binding requirements for administrators are set forth in the corporations act 2001 (corporations act), the asic financial benchmark (administration) rules 2018 and the asic financial benchmark (compelled) rules 2018. the asic regulatory guide 268 entitled- licensing regime for financial benchmark administrators (rg 268) provides further guidance for benchmark administrators. part 7.5b of the corporations act (as amended by the treasury laws amendment (2017 measures no 5) act 2018) implements the legislative framework for the regulation of financial benchmarks. (7) in accordance with section 908ac of the corporations act, asic may, by legislative instrument, declare a financial benchmark to be a significant benchmark. only those benchmarks meeting the criteria laid down in the act can be designated as significant benchmarks. asic shall be satisfied that: (i) the benchmark is systemically important to the australian financial system; or (ii) there is a material risk of financial contagion, or systemic instability, in australia if the availability or integrity of the benchmark is disrupted; or (iii) there would be a material impact on retail or wholesale investors in australia if the availability or integrity of the benchmark is disrupted. (8) asic has declared a number of financial benchmarks to be significant benchmarks by means of the asic corporations (significant financial benchmarks) instrument 2018/420. this decision is limited to the administrators of those benchmarks listed in the latest applicable version of the asic corporations (significant financial benchmarks) instrument 2018/420. this decision does not cover administrators of financial benchmarks that qualify for exemption from the scope of regulation (eu) 2016/1011 in accordance with article 2(2) of that regulation. (9) asic may grant a licence to a benchmark administrator with regard to one or several financial benchmarks. asic must consider the factors set out in section 908bo(2) of the corporations act when deciding whether to grant a licence, impose, vary or revoke conditions on a licence, vary a licence, or suspend or cancel a licence. a person is considered to be committing an offence if it administers (or holds out that they administer) a significant benchmark but does not hold a benchmark administrator licence specifying the financial benchmark. (10) asic adopted the asic financial benchmark (administration) rules 2018 (administration rules) under section 908ca of the corporations act and the asic financial benchmark (compelled) rules 2018 (compelled rules) under section 908cd of the corporations act. the administration rules lay down requirements for benchmark administrator licensees and contributors including governance and oversight requirements, outsourcing requirements, requirements to guard against conflicts of interest, benchmark design and method requirements and input data requirements. the compelled rules regulate the mandatory generation or administration of a significant benchmark or mandatory submissions to a significant financial benchmark. (11) in drafting the administration rules, asic had regard to the iosco principles for financial benchmarks as required under section 908ck of the corporations act. in addition, asic considered the legal and supervisory frameworks with respect to benchmarks in third countries including regulation (eu) 2016/1011, as well as other australian financial licensing regimes. (12) the explanatory statement to the administration rules outlines how asic's administration rules and compelled rules reflect the iosco principles. more specifically, the administration rules state that rule 2.1.2 corresponds to the iosco principles on governance arrangements for financial benchmarks. rule 2.1.3 corresponds to the iosco principles on the oversight of third parties that are involved in generating or administering each financial benchmark specified in the licensee's benchmark administrator licence. rule 2.1.4 corresponds to the iosco principles on conflicts of interest for administrators of financial benchmarks. rule 2.2.1 corresponds to the iosco principles on benchmark design. rule 2.2.2 corresponds to the iosco principles on data sufficiency and internal controls over data collection. rule 2.2.3 corresponds to the iosco principles on the content of the methodology used to make financial benchmark determinations. sub-rule 2.2.4(1) corresponds to the iosco principles on changes to the methodology used to make financial benchmark determinations. rule 2.3.1 corresponds to the iosco principles on the control framework for administrators as it relates to the management of risk, as well as core requirements of other australian licensing regimes. rule 2.4.1 corresponds to the iosco principles on planning for the transition or cessation of a licensed benchmark. rule 2.5.1 corresponds to the iosco principles on a submitter code of conduct. finally, rule 2.6.1 corresponds to the iosco principles on transparency of benchmark determinations. (13) in addition, asic provides regulatory guidance (rg 268) for entities subject to the administration rules and the compelled rules. it sets out asic's interpretation of the law and gives practical guidance of how entities may meet their obligations under the law. (14) the commission therefore concludes that the binding requirements with respect to the administrators of significant benchmarks as designated in the asic corporations (significant financial benchmarks) instrument 2018/420 are equivalent to the corresponding requirements under regulation (eu) 2016/1011. (15) article 30 of regulation (eu) 2016/1011 also requires that the requirements are subject to effective supervision and enforcement on an on-going basis in the third country. (16) benchmark administrators licensed in australia are subject to ongoing supervision and oversight by asic. section 908af of the corporations act provides that asic is responsible for supervising financial benchmarks that are licenced. asic is also responsible for enforcing benchmark administrators' compliance with their obligations under the corporations act, the administration rules and the compelled rules, and in this respect, it conducts periodic assessments of compliance by benchmark administrators with their licence obligations. (17) section 908bq of the corporations act and rule 2.8.1 of the administration rules require benchmark administrators to notify asic of certain matters, including where the licensee has failed to comply with or may no longer be able to comply with any of their regulatory obligations. asic is able to assess licensees' compliance with the corporations act and the administration rules, in accordance with sections 908br and 908bs of the corporations act and rules 2.8.2 and 2.8.3 of the administration rules. asic may also ask for a report on any matter in accordance with section 908bv of the corporations act, and ask for an audit statement on the licensee's report on those matters. section 908bw of the corporations act empowers asic to produce assessment reports, share those reports with certain australian government agencies where necessary, and publish such reports. (18) should a benchmark administrator fail to comply with their regulatory obligations, under section 908bt of the corporations act, asic may issue a licensee with a written direction to take specific actions that asic believes will ensure the licensee's compliance with those obligations. if the licensee fails to comply with that written direction, asic may bring the matter to a court, which may then order that the licensee comply with asic's guidance. under sections 908ch and 908ci of the corporations act, asic may issue infringement notices or accept commitments from administrators who have failed to comply with their regulatory requirements. section 908cg of the corporations act provides a framework whereby an administrator who is alleged to have not complied with the administration rules may, as an alternative to civil proceedings, pay a penalty, undertake or institute remedial measures (including education programs), or accept sanctions other than the payment of a penalty. asic may also suspend or cancel a licence in certain circumstances under sections 908bi and 908bj of the corporations act. (19) the compelled rules enable asic, if it considers it to be in the public interest, to compel a licensee to continue to generate or administer a significant benchmark, or generate or administer a significant benchmark in a particular way, including by changing the method used to generate or administer a significant benchmark. the compelled rules also enable asic to compel a contributor to contribute data or information to a licensee for the generation or administration of a significant benchmark, or to asic for purposes related to the generation or administration of a significant benchmark. (20) the commission therefore concludes that the binding requirements with respect to the administrators of any benchmark declared to be a significant financial benchmark by the asic corporations (significant financial benchmarks) instrument 2018/420 are subject to effective supervision and enforcement on an on-going basis. (21) eu benchmark administrators do not need to obtain a license for their benchmarks to be used in australia, unless a benchmark is designated as a significant benchmark by asic, or where a benchmark administrator voluntarily seeks to be licensed in australia. asic informed the commission that it has no intention to designate eu benchmarks as significant. (22) this decision will be complemented by cooperation arrangements to ensure the effective exchange of information and coordination of supervisory activities between esma and asic. (23) this decision is based on the assessment of the applicable legally binding requirements relating to benchmarks in australia at the time of the adoption of this decision. the commission will continue to monitor, on a regular basis, the market developments, the evolution of the legal and supervisory framework of benchmarks and the effectiveness of supervisory cooperation in relation to the monitoring and enforcement of those requirements to ensure the on-going fulfilment of the requirements on the basis of which this decision has been adopted. (24) this decision is without prejudice to the commission's power to undertake a specific review at any time, where relevant developments make it necessary for the commission to re-assess this decision. (25) the measures provided for in this decision are in accordance with the opinion of the european securities committee, has adopted this decision: article 1 for the purposes of article 30 of regulation (eu) 2016/1011, the legal and supervisory framework of australia applicable to the administrators of financial benchmarks that are declared significant benchmarks by means of the asic corporations (significant financial benchmarks) instrument 2018/420, as determined in its latest applicable version, shall be considered to be equivalent to the requirements laid down in regulation (eu) 2016/1011 and to be subject to effective supervision and enforcement on an ongoing basis. article 2 this decision shall enter into force 20 days after its publication in the official journal of the european union. done at brussels, 29 july 2019. for the commission the president jean-claude juncker (1) oj l 171, 29.6.2016, p. 1.
name: political and security committee decision (cfsp) 2019/1264 of 23 july 2019 on the appointment of the eu mission force commander of the european union military mission to contribute to the training of somali security forces (eutm somalia) (eutm somalia/1/2019) type: decision subject matter: africa; defence; european construction; eu institutions and european civil service; cooperation policy date published: 2019-07-26 26.7.2019 en official journal of the european union l 199/6 political and security committee decision (cfsp) 2019/1264 of 23 july 2019 on the appointment of the eu mission force commander of the european union military mission to contribute to the training of somali security forces (eutm somalia) (eutm somalia/1/2019) the political and security committee, having regard to the treaty on european union, and in particular article 38 thereof, having regard to council decision 2010/96/cfsp of 15 february 2010 on a european union military mission to contribute to the training of somali security forces (1), and in particular article 5 thereof, whereas: (1) pursuant to article 5(1) of decision 2010/96/cfsp, the council authorised the political and security committee (psc), in accordance with article 38 of the treaty on european union, to take the relevant decisions concerning the political control and strategic direction of the european union military mission to contribute to the training of somali security forces (eutm somalia), including the decisions to appoint the subsequent eu mission commanders. (2) council decision (cfsp) 2017/971 (2) amended the chain of command of eutm somalia. (3) on 11 july 2018, the psc adopted decision (cfsp) 2018/992 (3) appointing colonel matteo giacomo spreafico as the eu mission force commander of eutm somalia. (4) on 23 may 2019, italy proposed the appointment of brigadier general antonello de sio to succeed brigadier general matteo giacomo spreafico as the eu mission force commander of eutm somalia as from 9 august 2019. (5) on 4 june 2019, the eu military committee agreed to recommend that the psc approve this proposal. (6) a decision on the appointment of brigadier general antonello de sio should be taken. decision (cfsp) 2018/992 should therefore be repealed. (7) in accordance with article 5 of protocol no 22 on the position of denmark, annexed to the treaty on european union and to the treaty on the functioning of the european union, denmark does not participate in the elaboration and the implementation of decisions and actions of the union which have defence implications. consequently, denmark is not participating in the adoption of this decision and is neither bound by it nor subject to its application, has adopted this decision: article 1 brigadier general antonello de sio is hereby appointed as the eu mission force commander of eutm somalia as from 9 august 2019. article 2 decision (cfsp) 2018/992 is hereby repealed as from 9 august 2019. article 3 this decision shall enter into force on the date of its adoption. done at brussels, 23 july 2019. for the political and security committee the chairperson s. from-emmesberger (1) oj l 44, 19.2.2010, p. 16. (2) council decision (cfsp) 2017/971 of 8 june 2017 determining the planning and conduct arrangements for eu non-executive military csdp missions and amending decisions 2010/96/cfsp on a european union military mission to contribute to the training of somali security forces, 2013/34/cfsp on a european union military mission to contribute to the training of the malian armed forces (eutm mali) and (cfsp) 2016/610 on a european union csdp military training mission in the central african republic (eutm rca) (oj l 146, 9.6.2017, p. 133). (3) political and security committee decision (cfsp) 2018/992 of 11 july 2018 on the appointment of the eu mission force commander of the european union military mission to contribute to the training of somali security forces (eutm somalia) (eutm somalia/1/2018) (oj l 177, 13.7.2018, p. 12).
name: council decision (eu) 2019/1260 of 15 july 2019 on the position to be taken on behalf of the european union within the trade committee established by the free trade agreement between the european union and its member states, of the one part, and the republic of korea, of the other part, as regards the amendment of appendices 2-c-2 and 2-c-3 of annex 2-c of the agreement type: decision subject matter: european construction; technology and technical regulations; asia and oceania; international trade; international affairs date published: 2019-07-25 25.7.2019 en official journal of the european union l 197/37 council decision (eu) 2019/1260 of 15 july 2019 on the position to be taken on behalf of the european union within the trade committee established by the free trade agreement between the european union and its member states, of the one part, and the republic of korea, of the other part, as regards the amendment of appendices 2-c-2 and 2-c-3 of annex 2-c of the agreement the council of the european union, having regard to the treaty on the functioning of the european union, and in particular the first subparagraph of article 207(4), in conjunction with article 218(9) thereof, having regard to the proposal from the european commission, whereas: (1) the free trade agreement between the european union and its member states, of the one part, and the republic of korea, of the other part (1) (hereinafter the agreement, the parties to which are hereinafter referred to as the parties), signed on 6 october 2010, was concluded by the union by council decision (eu) 2015/2169 (2). it has been applied as of 1 july 2011 (3). (2) article 15.1 of the agreement establishes a trade committee, which may, inter alia, consider amendments to the agreement or amend provisions of the agreement in cases specifically provided for in the agreement. article 15.5.2 of the agreement establishes that the parties may decide within the trade committee to amend the annexes, appendices, protocols and notes to the agreement, subject to the parties' respective applicable legal requirements and procedures. (3) under article 3(d) of annex 2-c of the agreement, the parties are to review appendices 2-c-2 and 2-c-3 of annex 2-c no less than every three years from the entry into force of the agreement with a view to furthering the acceptance of products as set out in subparagraph (a) of the same article, taking into account any regulatory developments that may have occurred internationally or within the parties. article 3(d) of annex 2-c further specifies that any modifications to appendices 2-c-2 and 2-c-3 shall be decided upon by the trade committee. (4) since the agreement began to apply, the technical regulations mentioned in appendices 2-c-2 and 2-c-3 of annex 2-c of the agreement have changed, as has some of the product coverage. in order to take into account these developments, the union and korea have modified the technical regulations while maintaining the same degree of market access covered by article 1.2 of annex 2-c of the agreement. (5) it is appropriate to establish the position to be taken on the union's behalf within the trade committee. (6) the position of the union within the trade committee should therefore be to support the adoption of the attached draft decision of the trade committee, has adopted this decision: article 1 the position to be taken on behalf of the union within the trade committee established by article 15.1 of the free trade agreement between the european union and its member states, of the one part, and the republic of korea, of the other part, shall be to support the adoption of the draft decision of the trade committee attached to this decision. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 15 july 2019. for the council the president j. lepp (1) oj l 127, 14.5.2011, p. 6. (2) council decision (eu) 2015/2169 of 1 october 2015 on the conclusion of the free trade agreement between the european union and its member states, of the one part, and the republic of korea, of the other part (oj l 307, 25.11.2015, p. 2). (3) notice concerning the provisional application of the free trade agreement between the european union and its member states, of the one part, and the republic of korea, of the other part (oj l 168, 28.6.2011, p. 1). draft decision no 3 of the korea-eu trade committee of xx april 2019 on the amendment of appendices 2-c-2 and 2-c-3 of the annex 2-c of the korea-eu free trade agreement the trade committee, having regard to the free trade agreement between the republic of korea (korea), of the one part, and the european union (eu) and its member states, of the other part (hereinafter the agreement and the parties, respectively), and in particular articles 15.1.4(c) and 15.5.2 thereof, and article 3(d) of annex 2-c thereof, whereas: (1) pursuant to article 15.1.4(c) of the agreement, the trade committee established by the parties may consider amendments to the agreement or amend provisions of the agreement in cases specifically provided for in the agreement. (2) article 15.5.2 of the agreement provides that a decision of the trade committee to amend the annexes, appendices, protocols and notes to the agreement may be adopted by the parties, subject to their respective applicable legal requirements and procedures. (3) article 3(d) of annex 2-c of the agreement mandates the parties to review appendices 2-c-2 and 2-c-3 of annex 2-c no less than every three years from the entry into force of the agreement with a view to furthering the acceptance of products as set out in subparagraph (a) of the same article, taking into account any regulatory developments that may have occurred internationally or within the parties. it further specifies that any modifications to appendices 2-c-2 and 2-c-3 shall be decided upon by the trade committee. (4) korea and the eu have modified the technical regulations in order to maintain the same degree of market access covered by article 1.2 of annex 2-c of the agreement. moreover, the references to unece in appendices 2-c-2 and 2-c-3 should now read as references to un reg. following the agreement concerning the adoption of harmonized technical united nations regulations for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these united nations regulations (revision 3) (1) of 20 october 2017. (5) table 1 of appendix 2-c-2 has been modified in the following way: (a) since un regulations apply on a compulsory basis in the eu, for simplicity reasons it has been decided to delete the references to eu regulations (e.g. gsr) and directives in the corresponding eu technical regulation column, and the column has been left blank. (b) however, where there are no applicable un regulations or where the scope of un regulations is inadequate, such as in the case of permissible sound level for example, then the eu regulations or directives replace or complement the un regulations. for this reason, a reference to if existing has been introduced in the corresponding eu technical regulation column. (c) concerning permissible sound level and replacement silencing systems, regulation (eu) no 540/2014 has been added under the corresponding eu technical regulation because it repeals directive 70/157/eec and applies in a time-staggered fashion. (d) emissions has been replaced with emissions light vehicles because the un reg. 83 requirement applies to m1 and n1 vehicle categories only. moreover, the reference to directive 70/220/eec has been deleted because it has been repealed and replaced by regulations (ec) no 715/2007, (ec) no 692/2008, (eu) no 459/2012, (eu) 2016/427, (eu) 2016/646, (eu) 2017/1151, (eu) 2017/1154 and (eu) 2018/1832, which have been added under the corresponding eu technical regulation. (e) concerning replacement catalytic converters, the reference to directive 70/220/eec has been deleted because it has been repealed and replaced by regulations (ec) no 715/2007 and (ec) no 692/2008 which have been added under the corresponding eu technical regulation. (f) moreover, for those subjects whose names change, such as from braking and braking which have been replaced with braking heavy vehicles and braking light vehicles, these changes were done for clarity purposes. (g) on diesel smoke, directive 72/306/eec has been deleted since it has been replaced by regulation (ec) no 692/2008 which has been added in table 1 under the corresponding eu technical regulation. (h) on co2 emissions fuel consumption, directive 80/1268/eec has been replaced by regulation (ec) no 692/2008 which has been added in table 1 under the corresponding eu technical regulation, and the subject now refers to co2 emissions - fuel consumption passenger cars with no more than eight seats in addition to the driver's seat in order to fully respect the scope of that regulation. (i) on engine power, directive 80/1269/eec has been deleted since it has been replaced by regulations (ec) no 692/2008 and (eu) no 582/2011 which have been added in table 1 under the corresponding eu technical regulation. (j) on emissions heavy duty vehicles, directive 2005/55/ec has been replaced by regulations (ec) no 595/2009, (eu) no 582/2011 and (eu) 2016/1718, which have been added in table 1 under the corresponding eu technical regulation. the subject has also been renamed emissions heavy duty vehicles because un regulation 49 applies to heavy duty vehicles (i.e. vehicles with a reference mass exceeding 2,610 kg). (6) table 2 of appendix 2-c-2 remains unchanged. (7) table 1 of appendix 2-c-3 has been modified in the following way: (a) on occupant crash protectionfrontal, kmvss article 102 paragraphs 1 and 3 have replaced the reference to kmvss article 102 under the corresponding korean technical regulations due to a revision of kmvss. (b) on occupant crash protectionside, kmvss article 102 paragraph 1 has replaced the reference to kmvss article 102 under the corresponding korean technical regulations due to a revision of kmvss. (c) the whole line on towing hook has been replaced. specifically, towing hook has been replaced by towing devices, as towing devices is the official concept referred to in regulation (eu) no 1005/2010. moreover, the requirements for towing devices are now regulation (eu) no 1005/2010 instead of 77/389/eec. finally, the corresponding korean technical regulations now read kmvss article 20 paragraph 1 which has replaced the previous reference to kmvss article 20 items 1, 2, 4. (d) on lighting and signalling system, kmvss article 106 items 1 to 10 have been deleted from the corresponding korean technical regulations on head lamp, front fog lamp, backup lamp, clearance lamp, registration plate lamp, tail lamp, stop lamp, centre high mounted stop lamp, turn signal, auxiliary turn signal and rear fog lamp due to a revision of kmvss. (e) on lighting and signalling systeminstallation, the corresponding korean technical regulations now read kmvss articles 38, 38-2, 38-3, 38-4, 38-5, 39, 40, 41, 42, 43, 44, 44-2, 45, 45-2, 47 and 49 which have replaced the previous reference to kmvss articles 38, 39, 40, 41, 42, 43, 44, 45 and 47. this is due to a revision of kmvss. (f) lighting and signalling system, daytime running lamp and cornering lamp have been added to the table due to a revision of kmvss and in order to reflect the updated installation requirements on lighting and signalling system. (g) on lighting and signalling system, centre high mounted stop lamp, in addition to the deletion of kmvss article 106 item 8, paragraph 3 of kmvss article 43 has also been deleted because it has been replaced by the corresponding korean technical regulations kmvss article 43 paragraph 2. (h) on lighting and signalling system, side marker lamp has been added to the table due to a revision of kmvss and in order to reflect the updated installation requirements on lighting and signalling system. (i) on lighting and signalling systemretro-reflection devices, the corresponding korean technical regulations now read kmvss article 49 which has replaced the previous reference to kmvss article 49 paragraphs 1, 2, article 107. this is due to a revision of kmvss. (j) on engine power, the corresponding korean technical regulations now read kmvss article 111 which has replaced the previous reference to kmvss article 11 paragraph 1 item 2, article 111. this is due to a revision of kmvss. (k) on device for securing driver's visibility, the references under requirements to 78/318/eec and 78/317/eec have been deleted since they have been repealed and replaced by regulation (eu) no 1008/2010 or regulation (eu) no 672/2010. the corresponding korean technical regulations remain unchanged. (l) on seat belt assembly anchorages, the corresponding korean technical regulations now read kmvss article 27 paragraphs 1, 2, 3, 4; article 103 which have replaced the previous references to kmvss article 27 paragraphs 1, 2, 3, 4, 5; article 103 paragraphs 1, 2, 3. this is due to a revision of kmvss. (m) on emission and noise (except the passer-by noise of 3 or 4 wheels) for motor cycles, the references under requirements to, inter alia, directives 2002/51/ec, 2003/77/ec, 97/24/ec chapters 5 and 9 have been deleted, since they have been repealed and replaced by, inter alia, regulations (eu) no 168/2013 and (eu) no 134/2014. the corresponding korean technical regulations remain unchanged. (n) on emission diesel (incl. obd)below 3.5t vehicle, the following references under requirements have been added: regulations (ec) no 715/2007 and (eu) no 459/2012 because these are the applicable regulations that correspond to kmvss. the corresponding korean technical regulations remain unchanged. (o) on emission diesel (incl. obd)over 3.5t vehicle, the reference under requirements to, inter alia, regulation (ec) no 692/2008 has been deleted and replaced with, inter alia, regulations (ec) no 595/2009 and (eu) no 582/2011 because regulation (ec) no 692/2008 does not deal with heavy duty vehicles. the corresponding korean technical regulations remain unchanged. (p) on tyres, the corresponding korean technical regulations now read electrical appliances and consumer products safety control act articles 15, 18 and 19; enforcement rules of electrical appliances and consumer products safety control act article 3, paragraph 4, article 26; kmvss article 12 paragraph 1 which have replaced the previous reference to quality management safety and control of industrial products act (qmscipa) (articles 19, 20, 21); enforcement rules of qmscipa article 2 paragraph 2, article 19. this is because qmscipa has been replaced by the electrical appliances and consumer products safety control act. (8) table 2 of appendix 2-c-3 remains unchanged. (9) pursuant to article 12.2 in the annex of of decision no. 1 of the korea-eu trade committee of 23 december 2011 on the adoption of the rules of procedure of the trade committee, in the period between the meetings of the trade committee it can adopt decisions by written procedure if both parties agree. the written procedure would consist of an exchange of notes between the chairpersons of the trade committee, has adopted this decision: article 1 table 1 of appendix 2-c-2 of annex 2-c of the agreement shall be replaced by table 1 of annex 1 to this decision. article 2 table 1 of appendix 2-c-3 of annex 2-c of the agreement shall be replaced by table 1 of annex 2 to this decision. article 3 this decision shall enter into force on the first day of the month following the date on which the parties exchange written notifications through diplomatic channels certifying that they have completed their respective applicable legal requirements and procedures necessary for its entry into force. done at , for the trade committee yoo myung-hee minister for trade ministry of trade, industry and energy of the republic of korea cecilia malmstr m member of the european commission responsible for trade (1) e/ece/trans/505/rev.3. annex 1 appendix 2-c-2 table 1 list referred to in article 3(a)(i) of annex 2-c subject requirements corresponding eu technical regulation (if existing) (1) permissible sound level un reg (2). 51 directive 70/157/eec, regulation (eu) no 540/2014 replacement silencing systems un reg. 59 directive 70/157/eec, regulation (eu) no 540/2014 emissions light vehicles un reg. 83 regulations (ec) no 715/2007, (ec) no 692/2008, (eu) no 459/2012, (eu) 2016/427, (eu) 2016/646, (eu) 2017/1151, (eu) 2017/1154, (eu) 2018/1832 replacement catalytic converters un reg. 103 regulations (ec) no 715/2007 and (ec) no 692/2008 fuel tanks un reg. 34 lpg tanks un reg. 67 cng tanks un reg. 110 rear protective device un reg. 58 steering effort un reg. 79 door latches and hinges un reg. 11 audible warning un reg. 28 indirect vision devices un reg. 46 braking heavy vehicles un reg. 13 braking light vehicles un reg. 13h brake linings un reg. 90 radio interference (electromagnetic compatibility) un reg. 10 diesel smoke un reg. 24 regulation (ec) no 692/2008 interior fittings un reg. 21 anti-theft un reg. 18 anti-theft and immobiliser un reg. 116 vehicle alarm systems un reg. 97 un reg. 116 behaviour of steering device under impact un reg. 12 seat strength un reg. 17 seat strength (buses and coaches) un reg. 80 exterior projections un reg. 26 speedometer un reg. 39 seat belt anchorages un reg. 14 installation of lighting and light signalling devices un reg. 48 retro reflectors un reg. 3 end-outline/front-position (side)/rear- position (side)/stop lamps un reg. 7 daytime running lamps un reg. 87 side marker lamps un reg. 91 direction indicators un reg. 6 rear registration plate lamp un reg. 4 headlamps (r2 and hs1) un reg. 1 headlamps (sealed beam) un reg. 5 headlamps (h1, h2, h3, hb3, hb4, h7, and/or h8, h9, hir1, hir2 and/or h11) un reg. 8 headlamps (h4) un reg. 20 headlamps (halogen sealed beam) un reg. 31 filament lamps for use in approved lamp units un reg. 37 headlamps with gas-discharge light sources un reg. 98 gas-discharge light sources for use in approved gas-discharge lamp units un reg. 99 headlamps (asymmetrical passing beam) un reg. 112 adaptative front-lighting systems un reg. 123 front fog lamps un reg. 19 rear fog lamps un reg. 38 reversing lamps un reg. 23 parking lamps un reg. 77 seat belts and restraint systems un reg. 16 child restraints un reg. 44 front forward field of vision un reg. 125 identification of controls, tell-tales and indicators un reg. 121 heating systems un reg. 122 head restraints (combined with seats) un reg. 17 head restraints un reg. 25 co2 emissions - fuel consumption passenger cars with no more than eight seats in addition to the driver's seat un reg. 101 regulation (ec) no 692/2008 engine power un reg. 85 regulations (ec) no 692/2008 and (eu) no 582/2011 emissions heavy duty vehicles un reg. 49 regulations (ec) no 595/2009, (eu) no 582/2011, (eu) 2016/1718 lateral protection un reg. 73 safety glazing un reg. 43 tyres, motor vehicles and their trailers un reg. 30 tyres, commercial vehicles and their trailers un reg. 54 temporary-use spare wheels/tyres un reg. 64 rolling sound un reg. 117 speed limitation devices un reg. 89 couplings un reg. 55 close-coupling device un reg. 102 flammability un reg. 118 buses and coaches un reg. 107 strength of superstructure (buses and coaches) un reg. 66 frontal impact un reg. 94 side impact un reg. 95 vehicles intended for the transport of dangerous goods un reg. 105 front underrun protection un reg. 93 (1) blank in the third column (corresponding eu technical regulation) means the corresponding regulation is the same as the un regulation in the second column (requirements). (2) abbreviation of un regulation, formerly known as unece. annex 2 appendix 2-c-3 table 1 list referred to in article 3(a)(ii) of annex 2-c subject requirements corresponding korean technical regulations occupant crash protection frontal un reg. 94 kmvss (1) article 102 paragraphs 1 and 3 side un reg. 95 kmvss article 102 paragraph 1 steering control rearward displacement un reg. 12 kmvss article 89 paragraph 1 item 2 impact protection for the driver from the steering control system un reg. 12 kmvss article 89 paragraph 1 item 1 seating systems un reg. 17 kmvss article 97 head restraints un reg. 17, un reg. 25, gtr 7 kmvss articles 26, 99 door locks and door retention components un reg. 11, gtr 1 kmvss article 104 paragraph 2 instrument panel impact un reg. 21 kmvss article 88 seat back impact un reg. 21 kmvss article 98 armrest impact un reg. 21 kmvss article 100 sun visor impact un reg. 21 kmvss article 101 inside rear view mirror impact un reg. 46 kmvss article 108 towing devices regulation (eu) no 1005/2010 kmvss article 20 paragraph 1 rear under-run protection un reg. 58 kmvss article 19 paragraph 4 and article 96 lighting and signalling system installation un reg. 48 kmvss articles 38, 38-2, 38-3, 38-4, 38-5, 39, 40, 41, 42, 43, 44, 44-2, 45, 45-2, 47 and 49 head lamp un reg. 1, 2, 5, 8, 20, 31, 37, un reg. 98, 99, 112, 113, 123 kmvss article 38, article 48 paragraph 3 front fog lamp un reg. 19 kmvss article 38-2 paragraph 1 daytime running lamp un reg. 87 kmvss article 38-4 cornering lamp un reg. 119 kmvss article 38-5 backup lamp un reg. 23 kmvss article 39 clearance lamp un reg. 7 kmvss article 40 registration plate lamp un reg. 4 kmvss article 41 tail lamp un reg. 7 kmvss article 42 stop lamp un reg. 7 kmvss article 43 paragraph 1 centre high mounted stop lamp un reg. 7 kmvss article 43 paragraph 2 turn signal un reg. 6 kmvss article 44 auxiliary turn signal un reg. 7 kmvss article 44 side marker lamp un reg. 91 kmvss article 44-2 rear fog lamp un reg. 38 kmvss article 38-2 paragraph 2 retro-reflection devices un reg. 70, un reg. 3 kmvss article 49 driver's visibility un reg. 46 kmvss article 50, article 94 engine power un reg. 85 kmvss article 111 device for securing driver's visibility windshield wiping system regulation (eu) no 1008/2010 kmvss article 51 paragraph 2, article 109 item 1 defrosting system regulation (eu) no 672/2010 kmvss article 109 item 2 defogging system regulation (eu) no 672/2010 kmvss article 109 item 3 windshield washing system regulation (eu) no 1008/2010 kmvss article 109 item 4 passenger car brake un reg. 13h kmvss article 15, article 90 item 1 brake system except passenger car and trailer un reg. 13 kmvss article 15, article 90 item 2 trailer brake system un reg. 13 kmvss article 15, article 90 item 3 anti-lock brake system, except trailer un reg. 13 kmvss article 15, article 90 item 4 trailer anti-lock brake system un reg. 13 kmvss article 15, article 90 item 5 steering effort un reg. 79 kmvss article 14, article 89 paragraph 2 speed limiter un reg. 89 kmvss article 110-2 speedometer un reg. 39 kmvss article 110 electro-magnetic compatibility un reg. 10 kmvss article 111-2 fuel leakage in collision un reg. 34, un reg. 94, un reg. 95 kmvss article 91 bumper impact un reg. 42 kmvss article 93 seat belt assembly anchorages un reg. 14, un reg. 16 kmvss article 27 paragraphs 1, 2, 3, 4; article 103 child seat anchorage un reg. 14 kmvss article 27-2, article 103-2 horn noise, stationary noise and pass-by noise for vehicles (4 wheels) un reg. 28, un reg. 51 kmvss articles 35, 53, nvca article 30 and its ordinance of moe (2) article 29 emission and noise (except the passer-by noise of 3 or 4 wheels) for motor cycles un reg. 40, un reg. 41, un reg. 47 regulations (eu) no 168/2013 and (eu) no 134/2014 caca (3) article 46 and its ordinance of moe article 62, nvca article 30 and its ordinance of moe article 29 emission diesel (incl. obd) below 3,5 t vehicle un reg. 83, un reg. 24 regulations (ec) no 715/2007, (ec) no 692/2008, (eu) no 459/2012 caca article 46 and its ordinance of moe article 62 over 3,5 t vehicle un reg. 49 regulations (ec) no 595/2009 and (eu) no 582/2011 tyres un reg. 30, 54, 75, 106, 117, 108, 109 electrical appliances and consumer products safety control act articles 15, 18 and 19; enforcement rules of electrical appliances and consumer products safety control act article 3 paragraph 4, article 26; kmvss article 12 paragraph 1 (1) formerly known as korea motor vehicle safety standards, renamed rules on the performances and standards of korean motor vehicles and parts as of 1 july 2014. (2) ministry of environment of korea. (3) clean air conservation act of korea.
name: commission decision (eu) 2019/1252 of 19 september 2018 on tax rulings sa.38945 (2015/c) (ex 2015/nn) (ex 2014/cp) granted by luxembourg in favour of mcdonald's europe (notified under document c(2018) 6076) (text with eea relevance.) type: decision subject matter: taxation; european union law; economic policy; social affairs; competition; europe date published: 2019-07-23 23.7.2019 en official journal of the european union l 195/20 commission decision (eu) 2019/1252 of 19 september 2018 on tax rulings sa.38945 (2015/c) (ex 2015/nn) (ex 2014/cp) granted by luxembourg in favour of mcdonald's europe (notified under document c(2018) 6076) (only the french text is authentic) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, and in particular the first subparagraph of article 108(2) thereof, having regard to the agreement on the european economic area, and in particular article 62(1)(a) thereof, having called on interested parties to submit their comments pursuant to the provision(s) cited above (1) and having regard to their comments, whereas: 1. procedure (1) by letter of 19 june 2013, the commission sent an information request to the grand duchy of luxembourg requesting detailed information on the country's tax ruling practice (2). (2) by letter of 24 june 2014, the commission sent an additional request for information to luxembourg regarding the mcdonald's group. among others, it requested luxembourg to provide all the tax rulings issued by its tax administration in favour of the mcdonald's group. (3) on 4 august 2014, the luxembourg authorities transmitted their reply to the commission's request for information of 24 june 2014. in particular, the luxembourg authorities provided two rulings addressed to mcd europe franchising, s. .r.l. (hereinafter mcd europe) dated 30 march 2009 (hereinafter: the initial tax ruling) and 17 september 2009 (hereinafter: the revised tax ruling, together the contested tax rulings) respectively. in addition, the luxembourg authorities provided a number of other tax rulings granted by its tax administration to the companies of the mcdonald's group (3). (4) in their reply of 4 august 2014, the luxembourg authorities also described the tax ruling practice in luxembourg and explained why they consider that the rulings granted to the mcdonald's group do not grant state aid within the meaning of article 107(1) of the treaty on the functioning of the european union (hereinafter: the treaty). (5) by letter of 23 march 2015, the commission requested the luxembourg authorities to comment on information received from a coalition of trade unions (4) (hereinafter the coalition) concerning state aid allegedly received by mcdonald's from the luxembourg tax authorities. (6) on 23 april 2015, the luxembourg authorities transmitted their reply to the commission's request for information of 23 march 2015. (7) by letter of 18 may 2015, the commission asked the luxembourg authorities, among others, to provide the documents submitted by mcd europe since the date of the initial tax ruling based on the requirement in that ruling to prove that the profits of mcd europe's us franchise branch and swiss services branch have been declared and subject to tax in the united states and switzerland respectively. (8) by letter of 9 june 2015, the luxembourg authorities responded to those requests and indicated (providing the relevant documents) that mcd europe's us franchise branch had been subject in 2014 to a tax audit in the united states by the internal revenue service (hereinafter: the irs) for tax years 2009 and 2010 and that the irs confirmed that no changes had to be made to the tax returns filed by mcd europe's us franchise branch in the united states. (9) on 3 december 2015, the commission adopted the decision to initiate the formal investigation procedure under article 108(2) of the treaty on the contested tax rulings on the ground that those rulings could constitute state aid within the meaning of article 107(1) of the treaty, which could be incompatible with the internal market (hereinafter: the opening decision). (10) by letter of 4 february 2016, the luxembourg authorities submitted their comments on the opening decision. (11) on 15 july 2016, the opening decision was published in the official journal of the european union (5). the commission invited interested parties to submit their comments on the measure. by letter of 5 august 2016, the coalition submitted comments. by letter of 9 august 2016, the commission received comments from mcdonald's. (12) by letter of 30 september 2016, the luxembourg authorities submitted their comments on the third party observations received by the commission in response to the opening decision. (13) by letter of 23 november 2016, the commission sent a further information request to the luxembourg authorities. (14) the luxembourg authorities replied to that request on 14 december 2016 and 12 january 2017. 2. detailed description of the aid measure 2.1. description of the beneficiary (15) mcdonald's corporation is a delaware public limited company with its principal office located in oak brook, illinois, usa, listed on the new york stock exchange. it was incorporated on 21 december 1964 and operates and franchises mcdonald's restaurants, which serve a locally-relevant menu of food and beverages (6). (16) the company's segments include us, international lead markets (australia, canada, france, germany and the united kingdom), high growth markets (china, italy, korea, poland, russia, spain, switzerland and the netherlands) and foundational markets and corporate (7). of the 37 241 restaurants in over 100 countries approximately 34 108 are franchised and 3 133 are operated by the company (8). at the time of the contested tax rulings, of the 31 677 mcdonald's restaurants worldwide, 21 183 were operated by franchisees, 3 855 were operated by affiliates and 6 639 were operated by mcdonald's corporation and its subsidiaries (9). mcdonald's corporation is therefore primarily a franchisor, with over 80 % of mcdonald's restaurants owned and operated by independent franchisees (10). in 2017, mcdonald's corporation had around 400 subsidiaries and 235 000 employees. (17) in 2017, mcdonald's recorded total revenues of usd 22,8 billion, of which usd 12,7 billion was from company-operated sales and usd 10,1 billion from franchised revenues. at the time of the contested tax rulings, mcdonald's total revenues amounted to usd 26,216 billion and the company operated 32 478 restaurants (11). (18) of the total company-operated sales, usd 3,260 billion result from us sales, usd 4,080 billion from sales in international lead markets (12), usd 4,592 billion from high growth markets (13) and usd 0,787 billion from foundational markets & corporate (14). (19) outside of the united states, mcdonald's corporation and its us affiliate, mcdonald's international property company (hereinafter mipco) license the right to develop and operate mcdonald's restaurants on a market-by-market basis to entities which in most major markets are direct or indirect subsidiaries of mcdonald's corporation. (20) according to the information provided by the luxembourg authorities, as of december 2013 the mcdonald's group controlled five companies in luxembourg: (i) mcd europe; (ii) mcd europe holdings s. .r.l.; (iii) luxembourg mcd investments s. .r.l.; (iv) lux mc holdings s. .r.l.; and (v) mcd luxembourg holdings s. .r.l. (21) mcd europe holding s. .r.l., luxembourg mcd investments s. .r.l. and lux mc holdings s. .r.l. held shares in other mcdonald's subsidiaries in europe and in the united states, while mcd luxembourg holdings s. .r.l. acted as a vehicle for the execution of a centralised cash management agreement with a bank. luxembourg mcd investments s. .r.l. also held shares in the us company golden arches uk llc, a delaware limited liability company. (22) the commission's investigation and this decision focus on mcd europe, which at the time of the granting of the contested tax rulings was tax resident in luxembourg with a us franchise branch and a swiss service branch. as explained in the ruling requests, mcd europe bought-in to certain pre-existing and future developed franchise rights owned by mcdonald's corporation and mipco. as a result, mcd europe acquired beneficial ownership of a number of franchise rights intangibles (hereinafter franchise rights) (15). subsequently, mcd europe allocated the franchise rights as well as the related obligations to its us franchise branch. all royalties that were once received by mcdonald's corporation were then received by mcd europe through its us franchise branch located in oak brook, illinois. the swiss service branch, located in geneva, licensed the franchise rights to franchisors in various european countries and provided various services associated with the franchise rights. in exchange for those services, the us franchise branch provided the swiss service branch with a service fee equivalent to the costs of the swiss service branch plus a mark-up. at the time of the contested tax rulings, the swiss service branch had [0-10] employees representing [0-10] fte. mcd europe and the us franchise branch did not have any employees. in 2014, mcd europe had [0-10] fte, the swiss service branch had [10-20] fte and the us franchise branch had no employees. (23) in 2015, mcdonald's announced a significant reorganisation of its business by grouping together countries around the world based on common market characteristics rather than on the basis of geographical proximity. in december 2016, mcdonald's announced a decision to create a new integrated international holding company structure to align with and to support the new business structure. (24) this resulted in the creation of a unified structure located in the united kingdom with responsibility for licensing the majority of the company's global intellectual property rights outside the united states. it comprises a mix of uk companies incorporated in the uk and us companies which continue to be incorporated in the us. those us companies are also tax resident in the uk. this change resulted in the closure of the company's operations in geneva. the company's other swiss office remains open and the office in luxembourg retained responsibility for the luxembourg restaurants (16). 2.2. the contested tax rulings (25) the present decision concerns two tax rulings issued by the luxembourg tax administration in 2009 in favour of mcd europe: the initial tax ruling and the revised tax ruling, both of which concern mcd europe's taxable status in luxembourg. (26) the initial tax ruling was issued by the luxembourg tax administration on 30 march 2009 following a ruling request by mcdonald's dated 11 february 2009, supplemented by further documents submitted on 10 march 2009. in response to the initial tax ruling, mcd europe's tax advisor (hereinafter: the tax advisor) made a request for a revised tax ruling to the luxembourg tax administration dated 27 july 2009. that request resulted in the revised tax ruling, which was issued by the luxembourg tax administration on 17 september 2009. 2.2.1. the initial tax ruling 2.2.1.1. mcdonald's corporate structure described in the initial ruling request (27) mcdonald's initial ruling request of 11 february 2009 describes the structure of the mcdonald's group and its presence in luxembourg. it further describes the restructuring of mcdonald's corporation's franchise rights and mcd europe's two branches in the us and switzerland respectively. furthermore, it describes the luxembourg tax implications of that restructuring based on the application of luxembourg tax legislation and the luxembourg us double tax treaty (17). (28) in particular, the ruling request describes that in order to centralise the oversight and management of the european franchise rights within mcd europe, the latter entered into a buy-in agreement and a qualified cost sharing arrangement (hereinafter qcs agreement) with mcdonald's corporation and mipco. according to the buy-in agreement, mcd europe buys-in to certain pre-existing and future developed franchise rights owned by mcdonald's corporation and mipco (18). as a result, mcd europe acquired beneficial ownership of those rights. subsequently, mcd europe allocated the franchise rights as well as the related obligations to its us franchise branch pursuant to a declaration between mcd europe and the us franchise branch. all royalties that were once received by mcdonald's corporation were then to be received by mcd europe through its us franchise branch. finally, according to the initial ruling request, all the necessary steps in relation to the franchise rights' restructuring for the mcdonald's european region were expected to be implemented on or before 1 march 2009. (29) according to the initial ruling request, mcd europe's us franchise branch has its office in oak brook, illinois, united states of america. that branch assumes various economic risks associated with the development of the franchise rights and bears associated costs. in bearing those costs, the us franchise branch is, according to the ruling request, effectively participating in the qcs agreement with mcdonald's corporation and mipco. the related activities at mcdonald's corporation (or its affiliates) that are reimbursed by the us franchise branch are directed and performed by employees within mcdonald's corporation. (30) the us franchise branch maintains operations within the united states and is controlled by a branch manager (19) located in the united states who oversees certain activities associated with the franchise rights (20) and who is provided by mcdonald's corporation on a part-time basis under a services agreement in return for a cost-plus charge determined in that services agreement. the us franchise branch management services are services related to the management of the branch (21) for which the us franchise branch pays usd [10 000-20 000] to mcdonald's corporation annually. (31) according to the initial ruling request, mcd europe's swiss service branch has its registered office in geneva, switzerland. that branch licenses the franchise rights to franchisors in various european countries (22) (hereinafter: master franchisors), receives royalty income from the master franchisors and provides management, support, development, and other similar or related services associated with the franchise rights (23). in exchange for those services, the us franchise branch provides the swiss service branch with a service fee equivalent to the costs of the swiss service branch plus a mark-up of [0-10] percent (24). (32) the primary individuals employed, seconded or contracted for by the swiss service branch are the key european management. although the swiss service branch pays the costs related to those individuals, including salaries/bonuses expenses, according to the initial ruling request those costs are ultimately borne by the us franchise branch through a reduction in the royalties paid by the swiss service branch to the us franchise branch. (33) finally, according to the initial ruling request, mcd europe, with its principal place of business in luxembourg, will provide, through its managers' meetings, general and administrative services, setting up of business strategies and other support services. a fee of eur [400 000-500 000] per year is to be paid by the us franchise branch to mcd europe for those services (25). 2.2.1.2. luxembourg tax implications described in the initial ruling request (34) according to the tax advisor, mcd europe should be considered as tax resident in luxembourg pursuant to article 159(1) of the luxembourg income tax law (26). mcd europe is thus fully liable to corporate income tax in luxembourg. however, as a luxembourg tax resident, mcd europe also benefits from all the provisions of any double taxation treaty concluded by luxembourg. (35) furthermore, according to the tax advisor, by virtue of article 5 of the luxembourg us double taxation treaty, the activities of the us franchise branch will be considered to be performed in the united states. consequently, the profits generated by the us franchise branch will only be subject to possible taxation in the united states and exempt from corporate income tax in luxembourg by virtue of articles 7 and 25 of the luxembourg us double taxation treaty. (36) similarly, according to the tax advisor, the activities performed by the swiss service branch, i.e. the sub-licensing of the franchise rights to the master franchisors, are considered to be performed in switzerland by virtue of article 5 of the luxembourg switzerland double taxation treaty (27). as a consequence, the profits generated by the swiss service branch will only be taxable in switzerland and exempt from corporate income tax in luxembourg by virtue of articles 7 and 25 of the luxembourg switzerland double taxation treaty. (37) the initial ruling request concludes with a request to the luxembourg tax administration to confirm its agreement on the tax advisor's understanding of the luxembourg tax implications of the transactions described therein. 2.2.1.3. confirmation by the luxembourg tax administration (38) in a letter dated 30 march 2009 (the initial tax ruling), the luxembourg tax administration confirmed that mcd europe is to be considered as tax resident in luxembourg and, as such, can benefit from the luxembourg double taxation treaties currently in force. furthermore, the luxembourg tax administration confirmed that, in light of the explanations provided in the initial ruling request, the swiss service branch and the us franchise branch seem to constitute permanent establishments. the luxembourg tax administration therefore accepts that the profits of mcd europe that are imputable to those two branches are subject to tax in their respective countries and tax exempt in luxembourg. the initial tax ruling subsequently concludes that in order to benefit from these exemptions in luxembourg, the company [mcd europe] must submit proof on a yearly basis that those profits have been declared and are subject to tax in switzerland and the united states respectively (28). 2.2.2. the revised tax ruling 2.2.2.1. the request for a revised tax ruling (39) in response to the initial tax ruling, the tax advisor provided a detailed analysis to the luxembourg tax administration on whether the income of the us franchise branch is taxable in the united states and whether the us franchise branch constitutes a permanent establishment from a us perspective. (40) as regards the question whether the income of the us franchise branch is taxable in the us, the tax advisor explains that for a foreign entity (i.e. mcd europe) to be taxable in the united states, it must be engaged in a trade or business within the united states. this is the case where the foreign entity is considered to have effectively connected income which is taxable in the us. according to the tax advisor: to have effectively connected income taxable in the us, a foreign entity should have a us trade or business (be engaged in a us trade or business) and have income effectively connected to that business. the tax advisor then states that the business carried out in the united states does not constitute a us trade or business: even though the branch (a) holds the franchise rights associated with the group's european region; (b) assumes various economic risks associated with the development and maintenance of the franchise rights acquired, and (c) conducts certain activities associated with the franchise rights, the global mcdonald's organisation view the primary business operations as performed through other members of the group and does not consider the activities of the branch as constituting a us trade or business (29). (41) as regards the question whether the us franchise branch constitutes a permanent establishment in the sense of article 5 of the luxembourg us double taxation treaty from a us perspective, the tax advisor explains that it is us domestic law that should be consulted to ascertain whether an entity effectively has a permanent establishment under [the us luxembourg double taxation treaty]. although the us franchise branch has a fixed place of business through which the branch manager conducts certain activities, the tax advisor explains that in order to constitute a pe, the business activities in the taxing country [should be] substantial enough to constitute a permanent establishment or fixed bases. us domestic law thus requires that the operations of the us franchise branch exceed a certain substance threshold, which, the tax advisor concludes, is not reached. (42) turning to the analysis as to whether the us franchise branch constitutes permanent establishment from a luxembourg tax perspective, the tax advisor explains that the analysis of whether the us branch of mcd europe constitutes a pe for luxembourg tax purposes ultimately depends on whether the activities of the branch are seen as a business under luxembourg domestic law (30). given that the term business is not defined in the double taxation treaty, article 3(2) of the luxembourg us double taxation treaty stipulates that reference should be made to the meaning it has under the domestic law of the contracting state that applies the double taxation treaty, i.e. luxembourg domestic law. mcd europe's tax advisor further explains that if under luxembourg tax law the activities of the us franchise branch fall under the definition of a business or pe, then luxembourg would expect that the income may be taxed in the us because it may be treated as a pe from a luxembourg tax perspective. there is however no requirement that the other contracting state (us) effectively taxes this income. article 25(2)(a) of the double taxation treaty provides that luxembourg will exempt from tax income that may be taxed in the united states. according to the tax advisor, there is no reference that there effective taxation should occur (31). (43) further and to support its views, the tax advisor makes a reference to a decision of the cour administrative of luxembourg, la coasta (hereinafter: la coasta judgment) (32) relating to the different interpretations of the luxembourg-france double taxation treaty (33) and ultimately leading to a double non-taxation. according to the tax advisor, the cour administrative confirmed that the lack of a french pe from a french perspective was irrelevant and so luxembourg cannot recover its right to tax the income just because france does not consider it as taxable. (44) mcd europe's tax advisor then proceeds to analyse whether under luxembourg tax law the activities of the us franchise branch constitute a business. the tax advisor concludes that, based on the facts and circumstances of the specific case, the us franchise branch carries on an established business through a fixed place and qualifies as a permanent establishment under luxembourg law. more particularly, according to the tax advisor under article 16 steueranpassungsgesetz (tax adaptation law, hereinafter stanpg) the activities of the us franchise branch constitute an established business which is conducted through a fixed place (34). the business consists of the intellectual property activities of the us franchise branch which are further broken down as follows: (i) asset ownership; (ii) risk assumption, i.e. economic risks associated with the development and maintenance of the franchise rights for which it bears the related costs, thereby effectively participating in the qcs agreement with mcdonald's corporation; (iii) franchise rights oversight, e.g. coordinating the qcs agreement, monitoring the reimbursement of the costs incurred by the key european management; (iv) accounting functions. according to the tax advisor, in conjunction with the interpretation of the luxembourg us double taxation treaty from a luxembourg tax perspective, one should come to the conclusion that the [us franchise branch] carries on intellectual property activities through a us pe by virtue of article 5 of the us luxembourg treaty (35). (45) the tax advisor's analysis concludes with a request to the luxembourg tax administration to confirm its agreement of this conclusion. the concluding sentence of the analysis states [t]his letter would supersede your confirmation letter dated 30 march 2009. therefore, it would be much appreciated if this letter could also confirm our understanding of the luxembourg tax implications as described in our letter dated 11 february 2009 (36). 2.2.2.2. the revised tax ruling issued by the luxembourg tax administration (46) by letter of 17 september 2009, the luxembourg tax administration confirmed its agreement with the tax advisor's interpretation of the luxembourg us double taxation treaty in the request for a revised tax ruling as regards the tax treatment under luxembourg law of the profits generated by mcd europe's us franchise branch in the united states. 3. description of the relevant legal framework (47) the ordinary rules of corporate taxation in luxembourg can be found in the luxembourg income tax code (loi modifi e du 4 d cembre 1967 concernant l'imp 't sur le revenu, l.i.r). article 159(1) of the l.i.r provides: l'imp 't sur le revenu des collectivit s porte sur l'ensemble des revenus du contribuable. article 160 of the l.i.r provides: sont passibles de l'imp 't sur le revenu des collectivit s pour leur revenu indig ne au sens de l'article 156, les organismes caract re collectif de l'article 159 qui n'ont ni leur si ge statutaire, ni leur administration centrale sur le territoire du grand-duch . (48) article 163 l.i.r provides that the luxembourg corporate income tax is applicable to the taxable profit of a taxpayer in a given year (37). before 2013, all companies subject to tax in luxembourg were taxed on their taxable profit at the standard tax rate of 28,80 % (38). since 2013, the standard tax rate is 29,22 %. (49) the incorporation of double taxation treaties takes place on the basis of article 134 l.i.r in conjunction with article 162 l.i.r together with the grand-ducal decree of 3 december 1969. (50) article 134 l.i.r provides for individuals that: lorsqu'un contribuable r sident a des revenus exon r s, sous r serve d'une clause de progressivit pr vue par une convention internationale contre les doubles impositions ou une autre convention inter tatique, ces revenus sont n anmoins incorpor s dans une base imposable fictive pour d terminer le taux d'imp 't global qui est applicable au revenu imposable ajust au sens de l'article 126. (51) article 162 l.i.r (39) and grand-ducal decree of 3 december 1969 (40) make article 134 l.i.r. also applicable to companies subject to luxembourg corporate income tax on profits (irc or imp 't sur le revenu des collectivit s). (52) article 16 stanpg defines the concept of permanent establishment under luxembourg tax law and refers in this respect to every fixed piece of equipment or place which serves for the operation of an established enterprise or business (41). (53) on 3 april 1996, luxembourg and the united states signed a double taxation treaty: convention between the government of the united states of america and the government of the grand duchy of luxembourg for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital (42). it was implemented in luxembourg national legislation by law of 5 march 1999 (43) and entered into force in both contracting states on 20 december 2000, taking effect on 1 january 2001. (54) double taxation treaties are international agreements between two sovereign states (44). most double taxation treaties are bilateral but multilateral tax treaties also exist, such as the multilateral convention on mutual administrative assistance in tax matters (45). (55) double taxation treaties exist to enhance cross-border trade and international investment by eliminating or reducing tax barriers for companies and physical persons trading or investing in two contracting states. if the same income resulting from cross-border operations was taxed by two countries, this would potentially threaten the development of trade or discourage investments between two sovereign states. the most important objective of a double taxation treaty is therefore to avoid or eliminate double taxation where it arises (46). (56) the general scope of application of the luxembourg us double taxation treaty is defined in article 1(1) which provides: this convention shall apply only to persons who are resident of one or both of the contracting states, except as otherwise provided in the convention. (57) article 3(2) of the luxembourg us double taxation treaty on general definitions provides: as regards the application of the convention by a contracting state any term not defined therein shall, unless the context otherwise requires or the competent authorities agree to a common meaning pursuant to the provisions of article 27 (mutual agreement procedure), have the meaning that it has under the law of that state concerning the taxes to which the convention applies. (58) article 5(1) of the luxembourg us double taxation treaty defines the concept of pe: for the purposes of this convention, the term permanent establishment means a fixed place of business through which the business of an enterprise is wholly or partly carried on. (59) article 7(1) of the luxembourg us double taxation treaty concerning the taxation of business profits provides: the business profits of an enterprise of a contracting state shall be taxable only in that state unless the enterprise carries on business in the other contracting state through a permanent establishment situated therein. if the enterprise carries on business as aforesaid, the business profits of the enterprise may be taxed in the other state but only so much of them as are attributable to that permanent establishment. (60) article 25 of the luxembourg us double taxation treaty is entitled relief from double taxation, article 25(2) of the luxembourg us double taxation treaty provides: in luxembourg double taxation shall be eliminated as follows: (a) where a resident of luxembourg derives income or owns capital which, in accordance with the provisions of this convention, may be taxed in the united states, luxembourg shall, subject to the provisions of subparagraph (b) and (c), exempt such income or capital from tax, but may, in order to calculate the amount of tax on the remaining income or capital of the resident, apply the same rates of tax as if the income or capital had not been exempted. 4. grounds for initiating the formal investigation procedure (61) the commission decided to initiate the formal investigation procedure because it took the preliminary view that the contested tax rulings granted state aid to mcd europe within the meaning of article 107(1) of the treaty and expressed its doubts as to the compatibility of the contested tax measures with the internal market. (62) in particular, the commission expressed doubts that the revised tax ruling misapplied article 25(2) of the luxembourg us double taxation treaty and thereby granted a selective advantage to mcd europe. (63) the commission applied the three-step analysis to determine whether the revised tax ruling is prima facie selective. first, it considered the reference system to be the general luxembourg corporate income tax system, which has as its objective the taxation of profits of all companies subject to tax in luxembourg. it also considered that the luxembourg corporate tax system includes the double taxation treaties to which luxembourg is a party. (64) second, the commission established whether the revised tax ruling gives rise to a derogation from the reference system leading to a favourable treatment of mcd europe as compared to economic operators that are factually and legally in a similar situation. it considered that in principle, mcd europe is liable to luxembourg corporate tax on its worldwide profits unless a double taxation treaty applies which allows luxembourg to exempt the income attributable to its foreign branches from luxembourg corporate income tax. the commission expressed doubts that the revised tax ruling complied with articles 7 and 25 of the luxembourg us double taxation treaty as well as luxembourg law which transposes the double taxation treaty into national law and which, as its guiding principle, requires worldwide taxation of profits. (65) article 25 of the luxembourg us double taxation treaty prescribes that where a tax resident of luxembourg derives foreign income which, in accordance with the provisions of this convention, may be taxed in the us, luxembourg shall exempt such income from tax. to determine whether the income may be taxed in us [ ] in accordance with provisions of this convention, reference should be made to article 7 of the luxembourg us double taxation treaty. (66) under article 7 of the luxembourg us double taxation treaty, the commission noted that the united states (source state) may only tax the relevant income (i.e. profits generated by mcd europe's us franchise branch from franchise right exploitation) to the extent that a permanent establishment exists to whom the business profits can be attributed, otherwise those profits are taxable only in luxembourg. it then noted that the profits attributed to the us franchise branch cannot be taxed in the united states since the us franchise branch does not constitute a permanent establishment for us tax purposes. in other words, there is no possibility that those profits may be taxed by the united states within the meaning of article 25(2) of the luxembourg us double taxation treaty. as the luxembourg tax authorities were fully aware of the non-possibility of taxation, the commission argues that they should not have agreed to the exemption of the income attributed to the us franchise branch from corporate income tax in luxembourg. (67) thus, to avoid conferring a selective advantage, the commission considered that the luxembourg tax administration should have only agreed to exempt income from corporate taxation to the extent that the income may be taxed in the united states in accordance with the provisions of the luxembourg us double taxation treaty. according to the views expressed by the commission in the opening decision, the fact that the luxembourg tax administration was fully aware when it issued the revised tax ruling that the us franchise branch does not constitute a permanent establishment for us tax purposes means that it was also fully aware that its business income may not be taxed in the united states in accordance with the luxembourg us double taxation treaty and that consequently, the confirmation by the luxembourg tax authorities to exempt the income for corporate tax by virtue of article 25(2)(a) of the luxembourg-us double taxation treaty rests on a misapplication of that provision. (68) given the absence of a justification for the selective treatment of mcd europe resulting from the revised tax ruling and given that all other conditions for the existence of state aid pursuant to article 107(1) of the treaty were fulfilled, the commission came to the preliminary conclusion that the revised tax ruling issued by the luxembourg tax administration in favour of mcd europe constituted state aid within the meaning of article 107(1) of the treaty. furthermore, because of its qualification as operating aid, the commission had doubts as to the compatibility of the contested measures pursuant to articles 107(2) or (3) of the treaty. 5. comments from the luxembourg authorities on the opening decision (69) the luxembourg authorities submitted their comments on the opening decision on 4 february 2016. the luxembourg authorities argue, first, that the commission has incorrectly identified the legal framework; second, that the commission's reasoning in the opening decision is fundamentally flawed; and third, that the commission has not proven the existence of a selective advantage. 5.1. comments from the luxembourg authorities on the legal framework (70) the luxembourg authorities first set out the objective and content of the double taxation treaty, which is the allocation of the right to tax in order to prevent (actual or potential) double taxation, but not to ensure the actual taxation of the taxpayer by one or other of the contracting states or by a third state. a double taxation treaty does not give rise to taxation if no taxation is provided for in national law. the exercise of the power of taxation is an exclusive competence of the contracting state to which that power has been allocated by the double taxation treaty. in the absence of a switch-over-clause (47) or the credit method (48), the other contracting state cannot unilaterally resolve a problem of non-taxation if the other state does not exercise its power of taxation. according to the luxembourg authorities, the only possible way of resolving situations of non-taxation is to amend the double taxation treaty. (71) the luxembourg authorities also explain that a double taxation treaty is interpreted independently by each contracting state. luxembourg can therefore not be expected to interpret the luxembourg us double taxation treaty by reference to us law. (72) as regards luxembourg's domestic law and case-law, the luxembourg authorities explain that neither the luxembourg us double taxation treaty, nor the legal text transposing the double taxation treaty into luxembourg law, nor any other piece of legislation of luxembourg national law establishes a principle of actual taxation. it then makes reference to the la coasta judgment (49) which acknowledged that double non-taxation could happen despite a correct application of a double taxation treaty, each contracting state being independent from the other in the interpretation of the double taxation treaty. (73) in this case, the luxembourg authorities explain that the non-taxation of the us franchise branch in the united states is due to the application of us national law and the concept of effectively connected income. the non-taxation in the united states derives from the fact that the united states does not make use of the right to tax assigned to it by the luxembourg-us double taxation treaty and luxembourg cannot challenge that. furthermore, according to luxembourg, the commission is not competent to (re-)interpret an international treaty and breaches articles 4 and 5 of the treaty on european union if it decides on the correct interpretation of a bilateral international treaty between a member state and a third country. 5.2. comments from the luxembourg authorities on the commission's reasoning (74) the luxembourg authorities consider that the commission's reasoning is based on two incorrect assumptions: first, that the luxembourg tax authorities knew or should have known that the us franchise branch was not taxable under us law on the date of issuance of the tax ruling; second, that if the luxembourg tax authorities had known that the us franchise branch was not taxable in the united states under us tax law, it had an obligation to tax mcd europe. (75) as regards the first assumption of the commission, the luxembourg authorities assert that they do not have the competence to assess and interpret foreign tax law. in addition, the luxembourg tax authorities could not know whether the us franchise branch would actually be taxed by the us tax authorities as, first, they did not receive any document or information from the us tax authorities with the request for a tax ruling and, second, the subjective opinion of a private tax advisor cannot be equated with a position taken by the us tax authorities. (76) as regards the second assumption of the commission, the luxembourg authorities submit that if mcd europe is not taxable from the perspective of luxembourg law, it is irrelevant to know whether or not it is taxable under us law since luxembourg does not recover its right to tax. the allocation of taxing power is unconditional and final. 5.3. comments from the luxembourg authorities on the commission's analysis pursuant to article 107 of the treaty (77) the luxembourg authorities do not agree with the commission's legal analysis for establishing the existence of a selective advantage. as regards the definition of the reference system, it only comprises the luxembourg us double taxation treaty and the luxembourg rules and practice relating to double taxation treaties, as interpreted by the luxembourg courts. (78) in addition, the luxembourg authorities observe that the commission in its opening decision only makes reference to article 159 l.i.r, whereas the correct reference relating to the worldwide taxation of companies subject to corporate income tax also requires the application of article 160 l.i.r. furthermore, the incorporation of double taxation treaties takes place on the basis of article 134 l.i.r in conjunction with article 162 l.i.r together with the grand-ducal decree of 3 december 1969, none of which were mentioned by the commission in its opening decision. according to the luxembourg authorities, such lack of clarity is contrary to the requirements of article 107(1) of the treaty. (79) according to the luxembourg authorities, the commission also fails to demonstrate any derogation from the double taxation treaty and/or the law as interpreted by luxembourg courts and luxembourg practice. (80) last but not least, the luxembourg authorities do not agree with the commission's determination of an advantage. first, the question of the advantage must be independent of the decision by the us authorities to tax the company. second, assuming that luxembourg has an obligation to tax in order to prevent a situation of double non-taxation, an advantage would only exist if the luxembourg tax authorities had known for certain on the date of issuance of the revised tax ruling that the us franchise branch was not actually being taxed by the us authorities. however, the us tax authorities did not take a position on whether the us franchise branch was taxable in the united states until five years after the revised tax ruling was issued, i.e. in 2014 in the context of an irs audit. the luxembourg tax authorities could not have known this when issuing the contested tax rulings. third, according to the luxembourg authorities, the commission would never have disputed the contested tax rulings if the irs had concluded at the end of its tax audit, that the us franchise branch was taxable in the united states. given that the united states apply a system of worldwide taxation, the income of mcd europe would be taxed once repatriated to the united states. the result is therefore merely a tax deferral. it is therefore the non-taxation of the us franchise branch's income by the us tax authorities after the contested tax rulings have been issued which led to the finding of an advantage to mcd europe according to the commission. 6. comments from interested parties on the opening decision 6.1. comments from mcd europe (81) mcd europe submitted its comments on 9 august 2016. mcd europe, first, disputes the commission's competence to interpret international and national tax rules; second, it points to a number of flaws in the commission's interpretation of the luxembourg us double taxation treaty; and, third, it argues that the commission has failed to demonstrate the existence of state aid in favour of mcd europe. 6.1.1. comments from mcd europe on the commission's competence to interpret international and national tax rules (82) mcd europe argues that, based on articles 113, 114, and 115 of the treaty, member states have sole jurisdiction to determine their corporate tax regime and to enter into international treaties. consequently, the commission's attempt to impose its own interpretation of an international treaty such as the luxembourg us double taxation treaty violates luxembourg's tax sovereignty. in particular, according to mcd europe, the commission disregards the (correct) interpretation of the double taxation treaty made by the luxembourg tax authorities by considering that (i) the permanent establishment condition provided for by the double taxation treaty should have been analysed in the light of united states law; and (ii) the taxability in the united states of the us franchise branch revenues should have been considered by the luxembourg tax authorities before deciding that they should not be taxed in luxembourg. 6.1.2. comments from mcd europe on the commission's interpretation of the luxembourg us double taxation treaty (83) mcd europe argues that the commission's interpretation of the luxembourg us double taxation treaty is flawed as (i) the commission's interpretation of the notion of permanent establishment disregards the way double taxation treaties are usually interpreted/applied and runs against treaty provisions; (ii) the commission introduces the requirement in the double taxation treaty that the us franchise branch's revenues should be taxable in the united states; (iii) the commission makes reference to provisions of the oecd model tax convention (50) that are not applicable to the luxembourg us double taxation treaty and/or irrelevant. (84) as regards the first point, mcd europe argues that a double taxation treaty does not create itself a right to tax if no taxation rights exist under domestic law. also, each contracting state is independent from the other in the interpretation of the double taxation treaty. thus, the interpretation that may be given of a particular concept under us law is irrelevant for luxembourg even though conflicting interpretations between contracting states may lead to double non-taxation. according to mcd europe, the only way of solving this situation of double non-taxation is to negotiate an amendment of the double taxation treaty. (85) as regards the interpretation of the concept of a pe, mcd europe argues that the wording of the luxembourg us double taxation treaty and notably its article 3 confirms that it belongs to the contracting state that applies the double taxation treaty to interpret it by reference to its own legal system. hence, in this case, it was for the luxembourg tax administration to interpret the luxembourg us double taxation treaty by reference to its own legal system and to consider that the us franchise branch constituted a permanent establishment for the purposes of the double taxation treaty. the conclusion of the irs audit conducted in 2014 is irrelevant as the luxembourg tax authorities could not have been aware of the irs position at the time of the contested tax rulings in 2009 nor could it have retroactively affected the tax rulings. (86) second, articles 7(2) and 25(2)(a) of the luxembourg us double taxation treaty do not require that the revenue of the permanent establishment is taxable in the united states. according to mcd europe, following a correct reading of the double taxation treaty provisions, whether the contracting state which, under the double taxation treaty may tax (in this case, the united states), later considers, under its domestic rules, that the revenues are not taxable, is irrelevant for the other contracting state (luxembourg), which has lost its right to tax the revenues by virtue of the double taxation treaty. (87) third, the commission's reference to an oecd commentary introduced in 2000 to support its conclusion that, in light of the fact that the us franchise branch revenues were not taxable in the united states, the luxembourg tax authorities should have taxed such income, is irrelevant as the provision in question did not exist when the double taxation treaty was concluded in 1996. a new reading of oecd commentaries that changes the meaning of article 23a of the oecd mtc can only be applicable in respect of treaties ratified after the relevant revision of the oecd mtc in 2000. mcd europe further underlines that the oecd mtc is not binding by law but rather considered as a recommendation. 6.1.3. comments from mcd europe on the commission's analysis pursuant to article 107 of the treaty (88) according to mcd europe, the commission's reasoning is based on the erroneous premise that the tax ruling commits state resources. second, mcd europe did not benefit from any advantage as the luxembourg tax authorities could not have taxed the revenues attributable to the us franchise branch. third, the commission did not demonstrate that mcd europe was the only undertaking that benefited from the application of the double taxation treaty and even less that it was part of a selective group of undertakings. (89) on the first point, mcd europe asserts that tax rulings do not constitute state aid if they are mere interpretations and practical applications of general tax rules in specific cases. they can only constitute state aid if they depart from the general rules through administrative discretion. in the case at hand, the purpose of the tax rulings was to confirm the absence of luxembourg taxation of business income attributed to the us franchise branch under the luxembourg us double taxation treaty. the tax ruling did not reduce the tax burden of mcd europe as in the absence of the tax ruling, mcd europe would have had the same tax burden in luxembourg. the tax ruling does not change or improve the tax situation of mcd europe. (90) second, according to mcd europe, the commission incorrectly concluded that the luxembourg tax authorities had misapplied the luxembourg us double taxation treaty and on that basis, found an advantage in favour of mcd europe. also, the fact that the united states eventually decided not to tax the royalty income under us domestic tax rules cannot qualify as state aid under eu law. luxembourg did not recover its taxing right over the us franchise branch income because the same income was not taxable under us law. like the luxembourg authorities, mcd europe quotes the la coasta judgment to support the principle according to which the luxembourg tax authorities cannot take into account interpretations done by the other contracting state. however, even if one followed the commission's reasoning, the advantage that mcd europe would have potentially received from the luxembourg tax authorities would in fact have resulted from a decision made by the irs in 2014 not to tax the us franchise branch's revenues. yet, the possible existence of an advantage cannot depend on the attitude of a third country. (91) regarding selectivity and in particular the question of derogation, mcd europe states that according to public information available through luxleaks (51), it appears that many undertakings have benefited from the same treatment as mcd europe. this would not be surprising as the interpretation of the luxembourg us double taxation treaty in the tax ruling is perfectly in line with the application of luxembourg law. the other luxleaks rulings demonstrate that the luxembourg authorities have followed a coherent interpretation of the double taxation treaty, applicable to all taxpayers in a comparable situation within the same system of reference. none of these other tax rulings impose a condition of taxation of the business profits at the level of the pe. (92) finally, mcd europe argues that the selective advantage may be considered as justified in order to avoid double taxation and that therefore the measure does not constitute state aid. 6.2. comments from other interested parties (93) the coalition submitted its comments on 5 august 2016 in which it expresses its support for the investigation. (94) it states that given the dominant position of mcdonald's in europe, any aid in favour of mcd europe could distort competition and affect intra-eu trade. according to the coalition, mcdonald's changes in its corporate structure in late 2008 and early 2009, followed by the tax ruling requests, were tax-related and aimed at achieving double non-taxation both in luxembourg and the united states, thereby gaining a competitive advantage over its competitors. (95) according to the coalition, interpretations of double taxation treaties resulting in double non-taxation should not be considered as complying with the letter and spirit of double taxation treaties. (96) finally, the coalition calls for member states that have anti-abuse rules to investigate mcdonald's for optimising its corporate tax structure in order to avoid paying taxes. according to the coalition, the mcdonald's case exemplifies the necessity for tax administrations to exchange information about the tax treatments of multinationals and to introduce public country-by-country reporting. 7. comments from the luxembourg authorities on third parties' comments (97) the luxembourg authorities commented on mcd europe's and the coalition's observations on the opening decision by letter of 30 september 2016. (98) the luxembourg authorities stated that the analysis of mcd europe largely coincided with its own analysis. (99) it considered that the comments sent by the coalition do not concern the question whether state aid has been granted in favour of mcd europe but are essentially targeting mcdonald's worldwide practices, criticising the latter's fiscal, social, and wage policies. (100) the luxembourg authorities note that, contrary to the allegations of the coalition, the purpose of a double taxation treaty is to eliminate double taxation, not to ensure effective taxation. the allocation of taxing rights between two contracting states resulting from a double taxation treaty is definitive and not conditional. therefore, if the luxembourg tax authorities contractually waive their taxing rights, they do not recover such taxing rights based on the fact that the other contracting state does not effectively tax such income. (101) with regard to the call of the coalition to strengthen anti-tax avoidance tools, the luxembourg authorities state that it is fully committed to this purpose and that any measures pertaining to transparency and exchange of information between member states should be discussed and adopted in the appropriate form and following the relevant procedures. 8. assessment (102) following an in-depth investigation and after having thoroughly considered the comments received in response to the opening decision, the commission considers that the concerns raised in the opening decision do not lead to the conclusion that state aid has been granted through the contested tax rulings. 8.1. existence of aid (103) according to article 107(1) of the treaty, any aid granted by a member state or through state resources in any form whatsoever which distorts or threatens to distort competition by favouring certain undertakings or the provision of certain goods is incompatible with the internal market, in so far as it affects trade between member states. it is thus well-established that, for a measure to be categorised as state aid, there must, first, be an intervention by the state or through state resources; second, the intervention must be liable to affect trade between member states; third, it must confer a selective advantage on an undertaking; and, fourth, it must distort or threaten to distort competition (52). (104) for a measure to be categorised as aid within the meaning of article 107(1) of the treaty, all the conditions set out in that provision must be fulfilled (53). in the following, the commission will concentrate its assessment on whether the contested tax rulings granted a selective advantage to mcd europe. in the absence of the existence of a selective advantage, the commission does not need to assess whether the other conditions are fulfilled, as there would be no state aid within the meaning of article 107 of the treaty. 8.2. presence of a selective advantage for mcd europe (105) whenever a measure adopted by the state improves the net financial position of an undertaking, an advantage is present for the purposes of article 107(1) of the treaty (54). in establishing the existence of an advantage, reference is to be made to the effect of the measure itself (55). as regards fiscal measures, an advantage may be granted through different types of reduction of an undertaking's tax burden and, in particular, through a reduction in the taxable base or in the amount of tax due (56). (106) for the purposes of the selectivity analysis, the court of justice has devised a three-step analysis in order to determine whether a particular tax measure is selective (57). under the three-step test, the first step is to identify the common or normal tax regime applicable in the member state: the reference system. second, it needs to be determined whether the tax measure in question constitutes a derogation from that system, in so far as it differentiates between economic operators who, in light of the objectives intrinsic to the system, are in a comparable factual and legal situation. if the measure constitutes a derogation from the reference system, it then needs to be established, in the third step of the analysis, whether that measure is justified by the nature or the general scheme of the reference system. a tax measure which constitutes a derogation from the application of the reference system may be justified if the member state concerned can show that that measure results directly from the basic or guiding principles of that tax system (58). if that is the case, the tax measure is not selective. the burden of proof in that third step lies with the member state. (107) it should be underlined that the doubts expressed in the opening decision relied on a preliminary definition of the reference system as being the general luxembourg corporate income tax system, including the double taxation treaties to which luxembourg is a party. the commission thought that there could be a selective advantage for mcd europe resulting from a misapplication of the luxembourg-us double taxation treaty. more precisely, the confirmation by the luxembourg tax authorities of the exemption of the business income of the us franchise branch of mcd europe from corporate tax in luxembourg by virtue of articles 5, 7 and 25(2)(a) of the luxembourg us double taxation treaty was considered as possibly resting on a misapplication of these provisions. no other type of discrimination or misapplication was considered in the opening decision. (108) the following analysis will be focused on the doubts expressed in the opening decision, taking into account that the comments of luxembourg and other interested parties and the information collected during the investigation have not led the commission to extend the formal procedure in this specific case, which is only devoted to the rulings granted to mcd europe and to the possible misapplication of articles 5, 7(1) and 25(2) of the luxembourg-us double taxation treaty. it should also be kept in mind that the burden of proof of the existence of a selective advantage lies with the commission (with the exception of the justification of the measure by the basic or guiding principles of that tax system). (109) it is not established that the contested tax rulings constitute a derogation from the rules set by the double taxation treaty. such a derogation would exist if the contested tax rulings misapplied (i.e. deviated from) a rule of the double taxation treaty reducing mcd europe's tax liability and thereby giving rise to a discrimination between mcd europe vis- -vis other undertakings that are legally and factually comparable. (110) mcd europe is tax resident in luxembourg. in accordance with articles 159 and 160 l.i.r., mcd europe is in principle liable to luxembourg corporate tax on its worldwide profits. however, as regards the profits attributed to its us franchise branch, the luxembourg us double taxation treaty applies which has been transposed into luxembourg law by virtue of article 134 l.i.r, article 162 l.i.r together with the grand-ducal decree of 3 december 1969. the double taxation treaty limits the taxation rights of luxembourg in that certain income attributable to a permanent establishment in the us under the double taxation treaty is taxable in the us and not in luxembourg. (111) article 25(2)(a) of the luxembourg us double taxation treaty exempts from taxation income [ ] which in accordance with the provisions of this convention, may be taxed in the united states. in order to determine what may be taxed in the united states, article 7(1) of the luxembourg us double taxation treaty stipulates that business profits generated by a company of one of the contracting states are taxable in that state, except if they are realised by or attributable to a permanent establishment located in the other contracting state. in that case, the first contracting state may assume that the profits attributable to that permanent establishment may be taxed in the other contracting state and accordingly exempt from taxation these profits in order to avoid possible double taxation. (112) it is therefore decisive under the double taxation treaty whether mcd europe's us franchise branch constitutes a permanent establishment in the us that generates business profits that are exempt from taxation in luxembourg. article 5(1) of the luxembourg us double taxation treaty defines a permanent establishment as a fixed place of business through which the business of an enterprise is wholly or partly carried on. while a permanent establishment is therefore defined in the luxembourg us double taxation treaty, the term business is not. also article 7 of the luxembourg us double taxation treaty includes the notion of business profits which is not defined. (113) in this situation, article 3(2) of the luxembourg us double taxation treaty considers that any undefined term in the convention shall have the meaning that it has under the law of the state applying the convention, i.e. luxembourg in this case. as explained further in recitals 119 to 121 and contrary to what the commission asserted in its opening decision, in the case of differences in interpretation or factual assessment between the contracting states, it is not decisive for the purposes of applying the double taxation treaty by luxembourg whether the us franchise branch constitutes a permanent establishment under us domestic tax law (59) and it is equally not decisive whether the luxembourg tax authorities knew about the non-taxation of the business income in the us (60). if the us franchise branch constitutes a permanent establishment that carries out a business in the us according to luxembourg domestic tax law and therefore has business profits attributable to it, those profits shall be exempt from taxation under luxembourg tax law pursuant to article 25(2)(a) of the luxembourg us double taxation treaty. (114) as regards luxembourg tax law, article 16 stanpg defines the concept of permanent establishment and refers in this respect to every fixed piece of equipment or place which serves for the operation of an established enterprise or business. the tax advisor in his ruling request applies the criteria of article 16 stanpg to the characteristics of the business carried out by the us franchise branch (61) and concludes that those criteria are fulfilled. accordingly, from a luxembourg tax perspective, one should come to the conclusion that the [us franchise branch] carries on intellectual property activities through a us pe by virtue of article 5 of the us luxembourg treaty (62). (115) in line with the comments received from the luxembourg authorities and mcd europe in response to the opening decision (63), the commission sees no reason to disagree with the assessment of the tax advisor that the us franchise branch constitutes a permanent establishment pursuant to article 16 stanpg. from the perspective of luxembourg law, a permanent establishment exists in the us, and it is not established that the luxembourg tax authorities misapplied the double taxation treaty by considering that the income of the us franchise branch may be taxed in the us according to articles 7(1) and 25(2)(a) of the luxembourg us double taxation treaty. (116) as regards luxembourg national jurisprudence, the tax advisor as well as luxembourg and mcdonald's in their comments to the opening decision (64) refer to the la coasta judgment dealing with differing interpretations of the luxembourg france double taxation treaty. in that judgment, the luxembourg administrative court acknowledged that double non-taxation can arise despite a correct application of a double taxation treaty, each contracting state being independent from the other in the interpretation of the double taxation treaty. the main objective of a double taxation treaty is the elimination of both actual and potential double taxation. it does not always ensure actual taxation (65). (117) the non-taxation in this case derives mainly from the fact that the us does not make use of its right to tax assigned to it under the double taxation treaty due to the interpretation in us tax law of the term business. the commission, in its opening decision, raised doubts as to whether the double non-taxation of mcd europe's franchise income was due to a difference in interpretation between luxembourg and the us or a conflict of qualification when applying the luxembourg us double taxation treaty. in particular, the wording of article 25(2)(a) of the luxembourg us double taxation treaty ([i]n luxembourg double taxation shall be eliminated as follows) seemed to indicate an obligation on luxembourg to only exempt income in order to eliminate double taxation (66). (118) thus, the question arose in the context of the preliminary examination whether, in the absence of a case of virtual double taxation (67), the double non-taxation in this case was due to a conflict of qualification and luxembourg could recover its right to tax because of such a conflict. the reference in the opening decision to the oecd commentaries on the model tax convention with respect to conflicts of qualification, in particular, paragraph 32.6 (68) thereof should be understood in this context. (119) a conflict of qualification refers to situations where the contracting states apply different articles of the double tax convention based on the interaction of domestic law with the convention (69). according to the oecd commentaries, in cases of conflict of qualification, the residence state (luxembourg) has to take the source state's (us) qualification into account (70). in other words, where from the source state's perspective, that state has no right to tax an item of income in accordance with the double tax treaty, the state of residence is not required to exempt the income (71). (120) in contrast, differences of interpretation or factual assessment refer to how the contracting states interpret the treaty or apply it to a given set of facts, unrelated to domestic law. situations of differences of interpretation led to the inclusion of article 23a(4) in the oecd model tax convention to tackle such cases of double non-taxation (72). (121) as explained at recitals 112 to 117, the commission has within the formal investigation not found evidence which would corroborate the doubts that the present case might concern a conflict of qualification. the different interpretations of the term business under luxembourg and us tax law have not led luxembourg and the us to apply different provisions of the double taxation treaty, but to interpret the same provision, i.e. article 5 of the luxembourg us double taxation treaty, differently. in a case of difference of interpretation, the 1999 report clarifies that the residence state (luxembourg) is not obliged to accept the interpretation put forward by the source state (us) (73). thus, in case of differences in interpretation and in the absence of a provision in the double taxation treaty corresponding to article 23a(4) of the oecd model tax convention (as is the case with the luxembourg us double taxation treaty), double-non taxation can arise. such double non-taxation arising from differing interpretations of the double taxation treaty can either be resolved by negotiating an amendment to the double taxation treaty (74) or by using the mutual agreement procedure set out in article 27 of the double taxation treaty. (122) in addition, the commission notes that the non-taxation of the us franchise branch's income could also be resolved through a modification of article 16 stanpg which currently does not cater for situations where business activities are considered to give rise to a permanent establishment under luxembourg law but are not sufficient to reach the substance threshold to be considered a permanent establishment under us tax law (see recital 41). (123) finally, as raised by mcdonald's in its comments to the opening decision (75), the analysis of other tax rulings granted by luxembourg and publicly available through the so called luxleaks affair (76) shows that the contested tax rulings do not depart from tax rulings obtained by other taxpayers in line with this interpretation and application of the double taxation treaty by luxembourg. the assessment of 25 other tax rulings (77) demonstrates that the luxembourg tax authorities have followed a coherent interpretation of the double taxation treaty, applicable to all taxpayers in a comparable situation. no condition of effective taxation is provided for under the double taxation treaty and the tax rulings do not impose such a condition to the extent it is not specifically included in the relevant double taxation treaty. 8.2.1. conclusion (124) based on this analysis, the commission concludes that in this specific case, it is not established that the luxembourg tax authorities misapplied the luxembourg us double taxation treaty. therefore, on the basis of the doubts raised in the opening decision and taking into account its definition of the reference system, the commission cannot establish that the contested rulings granted a selective advantage to mcd europe by misapplying the luxembourg us double taxation treaty. (125) as the criteria for finding the existence of state aid pursuant to article 107(1) of the treaty are cumulative, there is no need to assess the other criteria. 9. conclusion on the existence of aid (126) in light of the foregoing, the commission concludes that the contested tax rulings issued by the luxembourg tax authorities in favour of mcd europe franchising, s. .r.l. do not constitute state aid within the meaning of article 107(1) of the treaty, has adopted this decision: article 1 with the contested tax rulings issued by the luxembourg tax authorities on 30 march 2009 and 17 september 2009 in favour of mcd europe franchising, s. .r.l., luxembourg did not misapply the luxembourg us double taxation treaty and these tax rulings therefore do not constitute aid within the meaning of article 107(1) of the treaty on the functioning of the european union on this basis. article 2 this decision is addressed to the grand duchy of luxembourg. done at brussels, 19 september 2018. for the commission margrethe vestager member of the commission (1) oj c 258, 15.7.2016, p. 11. (2) that letter was sent under reference number ht.4020 pratiques en mati re de ruling fiscal. (3) the present investigation is however confined to the contested tax rulings and is without prejudice to the assessment of the other tax rulings granted by the luxembourg tax administration in favour of the mcdonald's group and its subsidiaries. (4) the trade unions are european public service union (epsu); european federation of food, agriculture and tourism trade unions (effat); service employees international union (seiu). (5) oj c 258, 15.7.2016, p. 11. (6) form 10-k submitted by mcdonald's corporation to the us securities and exchange commission for 2017, p. 1. (7) form 8-k submitted by mcdonald's corporation to the us securities and exchange commission on 18 september 2015, p. 2. (8) form 10-k submitted by mcdonald's corporation to the us securities and exchange commission for 2017, p. 13. (9) initial ruling request, p. 1. (10) under a conventional franchise arrangement, mcdonald's corporation owns the land and building or secures a long-term lease for the restaurant location and the franchisee pays for equipment, signs, seating and decor. (11) form 10-k submitted by mcdonald's corporation to the us securities and exchange commission for 2009. (12) established markets which include australia, canada, france, germany, the uk and related markets. (13) markets that the company believes have relatively higher restaurant expansion and franchising potential including china, italy, korea, the netherlands, poland, russia, spain, switzerland and related markets. (14) description of the remaining markets in the mcdonald's system, most of which operate under a franchise model. (15) the franchise rights intangibles were: brand development and positioning, advertising and marketing, restaurant design and specifications, restaurant re-imaging, food and menu development, supply chain, operating platform and systems (including training intangibles), systems implementation, franchising administration, business analysis, quality assurance, human resources, legal. (16) source: mcdonald's written response to questions from the european parliament tax3 committee 18 june 2018. (17) convention between the government of the united states of america and the government of the grand duchy of luxembourg for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital, signed at luxembourg on 3 april 1996. (18) the territories covered by the buy-in agreement and the qcs agreement included [ ]. (19) according to the information submitted by luxembourg to the commission, the us franchise branch does not employ any direct staff. (20) such as coordinating the qcs agreement between mcd europe and mcdonald's corporation which covers the franchise rights associated with mcdonald's european region; performing the accounts payable and accounts receivable function of the branch, maintaining branch accounts in us gaap. (21) appendix 4 to the initial ruling request. (22) [list of franchisors in various european countries]. (23) in particular, the services are expected to include management and strategic assistance associated with financial operations, operating platform management, supply chain design, real estate development, restaurant design, menu management, local market trend analysis, human resources, quality assurance and marketing, all associated with the european operations. (24) appendix 8 to the initial ruling request. (25) appendix 6 to the initial ruling request. (26) loi du 4 d cembre 1967 concernant l'imp 't sur le revenu. (27) convention entre le grand-duch de luxembourg et la conf d ration suisse en vue d' viter les doubles impositions en mati re d'imp 'ts sur le revenu et sur la fortune, signed at bern on 21 january 1993. (28) in the original french: en vue de b n ficier de ces exon rations au luxembourg, la soci t [mcd europe] doit annuellement apporter la preuve que ces revenus et biens ont t d clar s et soumis aux imp 'ts respectivement en suisse et aux etats-unis. (29) p. 3 of the request for a revised ruling. (30) p. 3 of the request for a revised ruling. (31) p. 4 of the request for a revised ruling. (32) tribunal administratif du grand-duch de luxembourg, jugement du 3 d cembre 2001, no. 12831 du r 'le followed by cour administrative du grand-duch de luxembourg, jugement du 23 avril 2002, no. 14442c du r 'le. (33) convention entre la france et le grand-duch de luxembourg tendant viter les doubles impositions et tablir des r gles d'assistance administrative r ciproque en mati re d'imp 'ts sur le revenu et sur la fortune du 1er avril 1958. (34) in addition to the description of the business, the tax advisor makes reference to the following criteria to conclude that the us franchise branch conducts an established business through a fixed branch: the branch is renting an office space allowing the branch to carry on its activities through a fixed place of business; the branch has access to services, it has a branch manager and other employees; the branch has the formal right to use the facilities; it is anticipated that the office space will be at the disposal of the branch for a long period of time; the branch pays an annual fee to the lessor; the branch will be formally registered in the us; it has its own bank account and mcd europe maintains separate financial statements for the us franchise branch; the personnel will be performing their work mainly at the branch's office; a branch letterhead; the branch will be an annual fee for the services of the branch manager; all the above costs are listed in the branch accounts. (35) p. 8 of the request for a revised ruling. (36) p. 8 of the request for a revised ruling. (37) article 163(1) lir: l'imp 't sur le revenu des collectivit s frappe le revenu imposable r alis par le contribuable pendant l'ann e du calendrier. (38) the luxembourg corporate income tax consists of a corporate income tax on profits (imp 't sur le revenu des collectivit s or irc), taxed at a rate of 21 %, and, for companies established in luxembourg city, a municipal business tax on profits (imp 't commercial), taxed at a rate of 6,75 %. in addition, there is a 5 % surcharge on the 21 % tax rate for an employment fund calculated on the irc. in 2012, the solidarity surcharge was increased from 5 % to 7 % with effect from tax year 2013. with the changes introduced for tax year 2013, the aggregate income tax rate increases from 28,80 % to 29,22 % for companies established in luxembourg city. in addition, luxembourg companies are subject to an annual net wealth tax, which is levied at a rate of 0,5 % on the company's worldwide net worth on 1 january of each year. (39) article 162 l.i.r states: 1. les dispositions du titre ier de la pr sente loi sont applicables pour la d termination du revenu imposable et des revenus nets qui le composent, pour la d termination du b n fice de cession ou de liquidation et pour la d claration, l' tablissement et la perception de l'imp 't, moins qu'il n'en soit autrement dispos ci-apr s ou que l'application de ces dispositions ne se justifie pas, eu gard la nature sp ciale des organismes caract re collectif. 2. en ex cution de l'alin a qui pr c de, un r glement grand-ducal sp cifiera les dispositions applicables aux organismes caract re collectif. (40) r glement grand-ducal du 3 d cembre 1969 portant ex cution de l'article 162 states: les dispositions du titre i de la loi du 4 d cembre 1967 concernant l'imp 't sur le revenu qui sont applicables en vertu de l'article 162 de la m me loi pour l'imposition des organismes caract re collectif vis s par le titre ii de cette loi sont sp cifi e la liste annex e au pr sent r glement dont elle fait partie int grante. (41) steueranpassungsgesetz vom 16. oktober 1934, rgesetzbl. i s. 925) (hereinafter stanpg). in its original (german) version article 16(1) provides: betriebsst tte im sinn der steuergesetze ist jede feste rtliche anlage oder einrichtung, die der aus bung des betriebs eines stehenden gewerbes dient. (42) convention between the government of the united states of america and the government of the grand duchy of luxembourg for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and capital, signed at luxembourg on 3 april 1996. (43) loi du 5 mars 1999 portant approbation de la convention entre le gouvernement du grand-duch de luxembourg et le gouvernement des etats-unis d'am rique tendant viter les doubles impositions et pr venir la fraude fiscale en mati re d'imp 'ts sur le revenu et sur la fortune, sign e luxembourg, le 3 avril 1996, telle qu'elle a t modifi e par l' change de lettres entre les deux gouvernements du 28 ao t 1996, journal officiel du grand-duch du luxembourg, 16 mars 1999, a no 25. the law was amended in 2010 by loi du 31 mars 2010 portant approbation des conventions fiscales et pr voyant la proc dure y applicable en mati re d' change de renseignements sur demande, journal officiel du grand-duch du luxembourg, a no 51, 6 avril 2010. (44) they are often also called double tax agreements or double tax conventions. (45) oecd council of europe, convention on mutual administrative assistance in tax matters, 2011. (46) there are two main model tax conventions for contracting states in order to negotiate the exact terms and provisions of a double taxation treaty: the united nations model tax convention and the oecd model tax convention. the first oecd mtc was published in 1958 and has been regularly revised and updated since then. the oecd mtc is complemented by the oecd model tax convention commentaries which explain and interpret the provisions of the oecd mtc and are regularly updated and revised. the oecd commentaries also provide observations by some countries on specific aspects of the double taxation treaties and on the way these countries interpret some articles of the double taxation treaties under their own internal law. (47) the so-called switch-over allows one contracting state to unilaterally change the method for avoidance of double taxation if the other contracting state applies the treaty or domestic tax law to exempt certain income or capital from taxation or applies the reduced withholding tax rates to dividends, interest or royalties. (48) the essential feature of the credit method, whether granted unilaterally or by bilateral tax treaty, is that the residence state treats a foreign income tax paid to the source state by its residents, within certain statutory limitations, as if it were an income tax paid to itself. when the foreign tax rate is lower than the domestic rate, only the excess of the domestic tax over the foreign tax is payable to the residence state. when the foreign tax is the higher one, the residence state does not collect any tax. the effective overall tax burden is the higher of the domestic tax or the foreign tax. (49) see recital 43. first, in a decision of the french conseil d'etat of 18 march 1994, france was denied the right to tax capital gains realised by a luxembourg company on the sale of a property located in france on the grounds that the mere holding of real estate did not constitute a permanent establishment located in france and that commercial income was only taxable in france if it were attributable to a french pe. following this decision, luxembourg tried to tax in luxembourg income and capital gains derived by luxembourg companies and stemming from real estate located in france. in its la coasta judgment, the luxembourg administrative court, however, took the opposite view by deciding that the double taxation treaty between france and luxembourg gave the right to tax real estate income to the state in which real estate was actually located, in the case at hand, france. (50) the oecd model tax convention is a model for countries concluding bilateral tax conventions and plays a crucial role in removing tax-related barriers to cross-border trade and investment. it is the basis for negotiation and application of bilateral tax treaties between countries, designed to assist business while helping to prevent tax evasion and avoidance. the oecd model tax convention also provides a means for settling on a uniform basis the most common problems that arise in the field of international double taxation. (51) in the fall of 2014, more than 500 rulings obtained by, in particular, pwc were leaked and published on the internet (luxleaks affair). (52) see case c-399/08 p commission v deutsche post ecli:eu:c:2010:481, paragraph 39 and the case-law cited therein. (53) see case c-399/08 p commission v deutsche post ecli:eu:c:2010:481, paragraph 38 and the case-law cited therein. (54) see commission notice on the notion of state aid as referred to in article 107(1) of the treaty on the functioning of the european union (notion of aid notice), oj c 262, 19.7.2016, p. 1, paragraph 67 and the case-law cited. (55) case 173/73 italy v commission ecli:eu:c:1974:71, paragraph 13. (56) see case c-66/02 italy v commission ecli:eu:c:2005:768, paragraph 78; case c-222/04 cassa di risparmio di firenze and others ecli:eu:c:2006:8, paragraph 132; case c-522/13 ministerio de defensa and navantia ecli:eu:c:2014:2262, paragraphs 21 to 31. (57) see joined cases c-78/08 to c-80/08 paint graphos and others ecli:eu:c:2011:550. (58) see joined cases c-78/08 to c-80/08 paint graphos and others ecli:eu:c:2011:550, paragraph 65. (59) recital 84 of the opening decision. (60) recital 91 of the opening decision. (61) see recital 44. (62) p. 8 of the request for a revised ruling. (63) see recitals 70, 71, 76 and 92. (64) see recital 92. (65) see recital 72. (66) see oecd, the application of the oecd model tax convention to partnerships, issues in international taxation no 6 (1999) (hereinafter the 1999 report), paragraph 116. (67) virtual double taxation arises in situations where the source state has a clear right to tax an item of income in accordance with the double taxation treaty, but chooses not to exercise this right under its domestic tax law. (68) paragraph 32.6 oecd commentaries on the model tax convention (2000) provides [t]he phrase in accordance with the provisions of this convention, may be taxed must also be interpreted in relation to possible cases of double non-taxation that can arise under article 23a. where the source state considers that the provisions of the convention preclude it from taxing an item of income or capital which it would otherwise have had the right to tax, the state of residence should, for purposes of applying paragraph 1 of article 23 a, consider that the item of income may not be taxed by the state of source in accordance with the provisions of the convention, even though the state of residence would have applied the convention differently so as to have the right to tax that income if it had been in the position of the state of source. thus the state of residence is not required by paragraph 1 to exempt the item of income, a result which is consistent with the basic function of article 23 which is to eliminate double taxation. (69) 1999 report, paragraph 94. (70) 1999 report, paragraph 105. (71) 1999 report, paragraph 109 which reads: [w]here the state of source considers that the provisions of the convention preclude it from taxing an item of income which it would otherwise have taxed, the state of residence [ ] is not required by paragraph 1 [of article 23a] to exempt the item of income [ ]. (72) article 23a(4) of the oecd model tax convention reads: the provisions of paragraph 1 shall not apply to income derived or capital owned by a resident of a contracting state where the other contracting state applies the provisions of the convention to exempt such income or capital from tax or applies the provisions of paragraph 2 of article 10 or 11 to such income. (73) 1999 report, paragraph 108. (74) see recital 70. (75) see recital 91. (76) in the fall of 2014, more than 500 rulings obtained by, in particular, pwc were leaked and published on the internet. (77) mcdonald's has reviewed the advance tax agreements disclosed in this context and has found 25 situations, where the luxembourg tax authorities confirmed that business profits allocated to a foreign permanent establishment were not taxable in luxembourg under the relevant double taxation treaty. permanent establishments were located in the following jurisdictions: france, germany, hong kong, iceland, ireland, japan, the netherlands, switzerland, the united kingdom, vietnam, and the united states. none of these advance tax agreements impose a condition of taxation of the business profits at the level of the permanent establishment.
name: commission implementing decision (eu) 2019/1244 of 1 july 2019 amending decision 2002/364/ec as regards requirements for hiv and hcv antigen and antibody combined tests and as regards requirements for nucleic acid amplification techniques with respect to reference materials and qualitative hiv assays (notified under document c(2019) 4632) (text with eea relevance.) type: decision_impl subject matter: health; technology and technical regulations; family; marketing date published: 2019-07-19 19.7.2019 en official journal of the european union l 193/1 commission implementing decision (eu) 2019/1244 of 1 july 2019 amending decision 2002/364/ec as regards requirements for hiv and hcv antigen and antibody combined tests and as regards requirements for nucleic acid amplification techniques with respect to reference materials and qualitative hiv assays (notified under document c(2019) 4632) (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to directive 98/79/ec of the european parliament and of the council of 27 october 1998 on in vitro diagnostic medical devices (1), and in particular the second subparagraph of article 5(3) thereof, whereas: (1) pursuant to article 5(3) of directive 98/79/ec, member states are to presume compliance with the essential requirements referred to in article 3 of that directive in respect of devices designed and manufactured in conformity with common technical specifications. the common technical specifications for in vitro diagnostic medical devices are laid down in commission decision 2002/364/ec (2). (2) in the interest of public health and patient safety and in order to reflect scientific and technological progress, including the evolution in the intended use, performance and analytical sensitivity of certain devices, it is appropriate to further revise the common technical specifications laid down in decision 2002/364/ec. (3) taking into account the evolving state of the art, changing clinical needs, growing scientific knowledge, and the new types of devices present on the market, the common technical specifications should be amended with respect to the requirements for hiv and hepatitis c virus (hcv) antigen and antibody combined tests, as well as the requirements for nucleic acid amplification techniques as regards reference materials and qualitative hiv assays. (4) the manufacturers should be allowed time to adapt to the new common technical specifications. the date of application of the requirements laid down in this decision should therefore be deferred. however, in the interest of public health and patient safety, manufacturers should be allowed to follow the new common technical specifications before the date of application on a voluntary basis. (5) the measures provided for in this decision are in accordance with the opinion of the committee established by article 6(2) of council directive 90/385/eec (3), has adopted this decision: article 1 the annex to decision 2002/364/ec is amended in accordance with the annex to this decision. article 2 this decision shall apply from 2 july 2020. until that date, member states shall apply the presumption of compliance referred to in article 5(3) of directive 98/79/ec for all in vitro diagnostic medical devices that comply with either of the following specifications: (a) the common technical specifications laid down in the annex to decision 2002/364/ec as amended by commission decision 2011/869/eu (4); (b) the common technical specifications laid down in the annex to decision 2002/364/ec as amended by this decision. article 3 this decision is addressed to the member states. done at brussels, 1 july 2019. for the commission el bieta bie kowska member of the commission (1) oj l 331, 7.12.1998, p. 1. (2) commission decision 2002/364/ec of 7 may 2002 on common technical specifications for in vitro-diagnostic medical devices (oj l 131, 16.5.2002, p. 17). (3) council directive 90/385/eec of 20 june 1990 on the approximation of the laws of the member states relating to active implantable medical devices (oj l 189, 20.7.1990, p. 17). (4) commission decision 2011/869/eu of 20 december 2011 amending decision 2002/364/ec on common technical specifications for in vitro diagnostic medical devices (oj l 341, 22.12.2011, p. 63). annex the annex to decision 2002/364/ec is amended as follows: (1) sub-section 3.1.1 is replaced by the following: 3.1.1 devices which detect virus infections shall meet the requirements for sensitivity and specificity set out in table 1 and table 5 according to virus type and entities detected (antigen and/or antibody). see also principle 3.1.11 for screening assays. (2) section 3.2 is replaced by the following: 3.2. additional requirements for hiv and hcv antigen and antibody combined tests. 3.2.1. hiv antigen and antibody combined tests intended for the detection of hiv-1 p24 antigen and hiv-1/2 antibody shall meet the requirements for sensitivity and specificity set out in table 1 and table 5. 3.2.2. hepatitis c virus (hcv) antigen and antibody combined tests intended for the detection of hcv antigen and hcv antibody shall meet the requirements for sensitivity and specificity set out in table 1 and table 5. hcv seroconversion panels for the evaluation of hcv antigen and antibody combined tests shall start with one or more negative bleeds and comprise panel members from early hcv infection (hcv core antigen and/or hcv rna positive but anti-hcv negative). hcv antigen and antibody combined tests shall demonstrate enhanced sensitivity in early hcv infection when compared to hcv antibody only tests. (3) sub-section 3.3.2 is replaced by the following: 3.3.2. the analytical sensitivity or detection limit for nat assays shall be expressed by the 95 % positive cut-off value. this is the analyte concentration where 95 % of test runs give positive results following serial dilutions of an international reference material, where available, such as a world health organisation (who) international standard or reference material calibrated against a who international standard. (4) the following sub-sections 3.3.2a and 3.3.2b are inserted: 3.3.2a. qualitative hiv nat assays intended to be used to detect the presence of hiv in blood, blood components, cells, tissues or organs, or in any of their derivatives, in order to assess their suitability for transfusion, transplantation or cell administration shall be designed to detect both hiv-1 and hiv-2. 3.3.2b. qualitative hiv nat assays, other than virus typing assays, shall be designed to compensate for the potential failure of a hiv-1 nat target region, e.g. by using two independent target regions. (5) table 1 is replaced by the following: table 1 screening assays: anti-hiv 1/2, hiv 1/2 ag/ab, anti-htlv i/ii, anti-hcv, hcv ag/ab, hbsag, anti-hbc anti-hiv 1/2, hiv 1/2 ag/ab anti-htlv-i/ii anti-hcv, hcv ag/ab hbsag anti-hbc diagnostic sensitivity positive specimens 400 hiv-1 100 hiv-2 including 40 non-b-subtypes, all available hiv/1 subtypes shall be represented by at least 3 samples per subtype 300 htlv-i 100 htlv-ii 400 (positive samples) including samples from different stages of infection and reflecting different antibody patterns. genotype 1-4: > 20 samples per genotype (including non-a subtypes of genotype 4); 5: > 5 samples; 6: if available 400 including subtype-consideration 400 including evaluation of other hbv-markers sero-conversion panels 20 panels 10 further panels (at notified body or manufacturer) to be defined when available 20 panels 10 further panels (at notified body or manufacturer) 20 panels 10 further panels (at notified body or manufacturer) to be defined when available analytical sensitivity standards 0,130 iu/ml (who international standard: third international standard for hbsag, subtypes ayw1/adw2, hbv genotype b4, nibsc code: 12/226) specificity unselected donors (including first-time donors) 5 000 5 000 5 000 5 000 5 000 hospitalized patients 200 200 200 200 200 potentially cross-reacting blood-specimens (rf+, related viruses, pregnant women, etc.) 100 100 100 100 100 (6) table 5 is replaced by the following: table 5 hiv 1 antigen, hiv ag/ab, hcv antigen, hcv ag/ab hiv-1 antigen and hiv ag/ab assays hcv antigen and hcv ag/ab assays acceptance criteria diagnostic sensitivity positive specimens 50 hiv-1 antigen positive 50 cell culture supernatants including different hiv-1 subtypes and hiv-2 25 hcv core antigen and/or hcv rna positive but anti-hcv negative samples, comprising hcv genotypes 1-6 (if a genotype is not available, a justification shall be made) see general principle in 3.1.8 sero-conversion panels (1) 20 sero-conversion panels/low titre panels 20 sero-conversion panels/low titre panels analytical sensitivity standards hiv-1 p24 antigen, first international reference reagent, nibsc code: 90/636 hcv core antigen detection limit shall be investigated using dilutions of the who international hcv core antigen standard: (hcv core ag product code: pei 129096/12) for hiv-1 p24 antigen: 2 iu/ml diagnostic specificity 200 blood donations 200 clinical samples 50 potentially interfering samples 200 blood donations, 200 clinical samples, 50 potentially interfering samples 99,5 % after neutralisation or, if no neutralisation test available, after resolution of the sample status according to general principles in 3.1.5 (1) the total number of seroconversion panels for combined ag/ab assays (from tables 1 and 5) need not be greater than 30.
name: commission implementing decision (eu) 2019/1217 of 17 july 2019 on the harmonised standards for personal flotation devices lifejackets drafted in support of council directive 89/686/eec (text with eea relevance.) type: decision_impl subject matter: technology and technical regulations; european organisations; organisation of work and working conditions; marketing date published: 2019-07-18 18.7.2019 en official journal of the european union l 192/32 commission implementing decision (eu) 2019/1217 of 17 july 2019 on the harmonised standards for personal flotation devices lifejackets drafted in support of council directive 89/686/eec (text with eea relevance) the european commission, having regard to the treaty on the functioning of the european union, having regard to the regulation (eu) no 1025/2012 of the european parliament and of the council of 25 october 2012 on european standardisation, amending council directives 89/686/eec and 93/15/eec and directives 94/9/ec, 94/25/ec, 95/16/ec, 97/23/ec, 98/34/ec, 2004/22/ec, 2007/23/ec, 2009/23/ec and 2009/105/ec of the european parliament and of the council and repealing council decision 87/95/eec and decision no 1673/2006/ec of the european parliament and of the council (1), and in particular point (b) of article 11(1) thereof, whereas: (1) in accordance with article 5(2) of council directive 89/686/eec (2) member states are to presume that the personal protective equipment (ppe) referred to in article 8(2) satisfies the basic requirements referred to in article 3 if it bears the ce marking with respect to which the manufacturer is able to produce, on demand, not only the declaration referred to in article 12 but also the certificate issued by the body of which notification has been given in accordance with article 9 attesting to their conformity to the relevant national standards, transposing the harmonized standards, assessed at the ec type examination level in accordance with the first indent of article 10(4)(a) and (b). (2) in september 2014, sweden lodged a formal objection in respect of standards en iso 12402-2:2006 personal flotation devices part 2: lifejackets, performance level 275 safety requirements (iso 12402-2:2006) amended by en iso 12402-2:2006/a1:2010, en iso 12402-3:2006 personal flotation devices part 3: lifejackets, performance level 150 safety requirements (iso 12402-3:2006) amended by en iso 12402-3:2006/a1:2010 and en iso 12402-4:2006 personal flotation devices part 4: lifejackets, performance level 100 safety requirements (iso 12402-4:2006) amended by en iso 12402-4:2006/a1:2010. at the time of the objection the references of the standards were published in commission communication in the framework of the implementation of the council directive 89/686/eec on the approximation of the laws of the member states relating to personal protective equipment (3) on 11 april 2014. the standards were last published in commission communication in the framework of the implementation of the council directive 89/686/eec on the approximation of the laws of the member states relating to personal protective equipment (4) on 27 march 2018. in accordance with that communication the harmonised standards concerned continue to confer presumption of conformity only with directive 89/686/eec and only until 20 april 2019. such presumption of conformity under directive 89/686/eec will cease as from 21 april 2019. further, in accordance with article 47(1) of regulation (eu) 2016/425 of the european parliament and of the council (5), member states shall not impede the making available on the market of products covered by directive 89/686/eec which are in conformity with that directive and which were placed on the market before 21 april 2019. (3) the ground of the formal objection was based on the alleged failure of the referenced standards to comply with the basic health and safety requirements of annex ii to directive 89/686/eec, in particular point 1.1.1 on design principles ergonomics, point 1.2.1 on innocuousness of ppe absence of risks and other inherent nuisance factors and point 3.4 on prevention of drowning (lifejackets, armbands and lifesaving suits) with respect to inflatable lifejackets. (4) the formal objection lodged by sweden refers to a workplace accident, when an inflatable lifejacket equipped with an automatic inflation device, worn by an employee who fell into cold water, did not inflate. investigations carried out by the swedish work environment authority came to the conclusion that the lifejacket did not inflate because the gas cartridge was partially detached and thread out, due to body movements, environmental factors and operations carried out during use. if the gas cylinder detaches, the inflatable lifejacket is no longer safe and does not maintain its protective properties throughout use, therefore the product no longer protects against the risk of drowning. other accidents or incidents have been reported to the swedish work environment authority, involving professional users and consumers, and loose or detached gas cylinders were also found in several other inflatable lifejackets. furthermore, some brands of inflatable lifejackets have been found having no indicator window, so that during use there is no indication whether the product is safe for use or not or, where the inflatable lifejacket is equipped with an indicator window, the window is not visible to the user during use, due to its position on the lifejacket. (5) as a consequence, sweden identified a shortcoming of the abovementioned harmonised standards. the shortcoming consists in the absence of requirements to ensure that the gas cartridge of the inflatable lifejacket does not detach and thread out during use, making the lifejacket losing its protective function, in particular when the user is exposed to the risk of drowning. in the absence of such requirements, it cannot be ensured that the protective function of the inflatable lifejacket is maintained under all reasonable circumstances of use and foreseeable user behaviour, regardless whether this is for private or professional use. (6) the technical committee 162 of the european committee for standardisation (cen) (cen/tc 162) reacted to the formal objection lodged by sweden, stating that the referred accident was not due to a shortcoming in the concerned harmonised standards. according to their assessment, the detachment of the gas cartridge was due to a defective design of the inflatable lifejacket which was not detected before placing the product on the market. if an adequate risk assessment with training and maintenance sequences for the user would have been carried out, this would have led to provide the lifejacket with a different and improved inflation device, to prevent accidents. (7) sweden replied to the information provided by cen/tc 162 stating that the problem was not due to a defective design of the inflatable lifejacket, as it was designed according to the relevant clauses of the referred harmonised standards. they reaffirmed that the problem arises because those standards do not contain specific requirements for a locking function to prevent the gas cartridge from becoming detached or loose during use, which prevented the inflatable lifejacket to provide protection against drowning. (8) having examined the harmonised standards en iso 12402-2:2006 amended by en iso 12402-2:2006/a1:2010, en iso 12402-3:2006 amended by en iso 12402-3:2006/a1:2010 and en iso 12402-4:2006 amended by en iso 12402-4:2006/a1:2010, together with the representatives of member states and stakeholders in the personal protective equipment working party, the commission concluded that the clauses of those harmonised standards aimed at covering the basic health and safety requirements set out in point 1.1.1. on design principles ergonomics, point 1.2.1. on innocuousness of ppe absence of risks and other inherent nuisance factors and point 3.4. on prevention of drowning (lifejackets, armbands and lifesaving suits) of annex ii to directive 89/686/eec, do not adequately address the related risks, in particular the risk of drowning for inflatable lifejackets. actually, the relevant harmonised standards do not contain specific requirements to ensure that the inflation device would correctly work under all reasonable circumstances of use and foreseeable user behaviour, in order to provide the adequate protection against the risk of drowning. consequently, it has been found that products designed and manufactured according to those standards still caused accidents and incidents involving professional users and consumers. (9) nevertheless, the commission considers that the other clauses of the relevant harmonised standards, which are not the object of the formal objection, remain valid to confer presumption of conformity with the basic health and safety requirements of directive 89/686/eec they aim to cover. (10) taking into account the abovementioned considerations, the references of the harmonised standards en iso 12402-2:2006 amended by en iso 12402-2:2006/a1:2010, en iso 12402-3:2006 amended by en iso 12402-3:2006/a1:2010 and en iso 12402-4:2006 amended en iso 12402-4:2006/a1:2010, published in commission communication in the framework of the implementation of the council directive 89/686/eec on the approximation of the laws of the member states relating to personal protective equipment on 27 march 2018, should be maintained with restriction in the official journal of the european union. the restriction should exclude the specific clauses of those standards aimed to cover the basic health and safety requirements set out in point 1.1.1 on design principles ergonomics, point 1.2.1 on innocuousness of ppe absence of risks and other inherent nuisance factors and point 3.4 on prevention of drowning (lifejackets, armbands and lifesaving suits) of annex ii to directive 89/686/eec. (11) in order to ensure that the restriction applies as soon as possible, this decision should enter into force on the day of its publication in the official journal of the european union. (12) the measures provided for in this decision are in accordance with the opinion of the committee on standards established by article 22 of regulation (eu) no 1025/2012, has adopted this decision: article 1 the references of the harmonised standards for personal flotation devices lifejackets drafted in support of directive 89/686/eec, listed in the annex to this decision and published in commission communication in the framework of the implementation of the council directive 89/686/eec on the approximation of the laws of the member states relating to personal protective equipment on 27 march 2018 are hereby maintained with restriction in the official journal of the european union. article 2 this decision shall enter into force on the day of its publication in the official journal of the european union. done at brussels, 17 july 2019. for the commission the president jean-claude juncker (1) oj l 316, 14.11.2012, p. 12. (2) council directive 89/686/eec of 21 december 1989 on the approximation of the laws of the member states relating to personal protective equipment (oj l 399, 30.12.1989, p. 18). (3) oj c 110, 11.4.2014, p. 77. (4) oj c 113, 27.3.2018, p. 3. (5) regulation (eu) 2016/425 of the european parliament and of the council of 9 march 2016 on personal protective equipment and repealing council directive 89/686/eec (oj l 81, 31.3.2016, p. 51). annex list of references of harmonised standards maintained with restriction in the official journal of the european union no reference of the standard 1. en iso 12402-4:2006 personal flotation devices part 2: lifejackets, performance level 275 safety requirements (iso 12402-2:2006) en iso 12402-2:2006/a1:2010 2. en iso 12402-3:2006 personal flotation devices part 3: lifejackets, performance level 150 safety requirements (iso 12402-3:2006) en iso 12402-3:2006/a1:2010 3. en iso 12402-4:2006 personal flotation devices part 4: lifejackets, performance level 100 safety requirements (iso 12402-4:2006) en iso 12402-4:2006/a1:2010 notice: the references of harmonised standards listed in the table are maintained in the official journal of the european union with the following restriction: (a) application of clauses 5.6.1.1, 5.6.1.2 and 5.6.1.4 of each of the standards do not confer a presumption of conformity with the basic health and safety requirement set out in point 1.1.1. of annex ii to directive 89/686/eec; (b) application of clauses 5.3.2, 5.3.3, 5.6.1.3, 5.6.1.6 and 5.6.1.7 of each of the standards do not confer a presumption of conformity with the basic health and safety requirement set out in point 1.2.1. of annex ii to directive 89/686/eec; (c) application of clauses 5.2, 5.3.1, 5.3.3, 5.3.4 and 5.6.2.5 of each of the standards do not confer a presumption of conformity with the basic health and safety requirement set out in point 3.4. of annex ii to directive 89/686/eec.
name: council decision (eu, euratom) 2019/1214 of 15 july 2019 appointing a member, proposed by the kingdom of sweden, of the european economic and social committee type: decision subject matter: eu institutions and european civil service; europe date published: 2019-07-18 18.7.2019 en official journal of the european union l 192/23 council decision (eu, euratom) 2019/1214 of 15 july 2019 appointing a member, proposed by the kingdom of sweden, of the european economic and social committee the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 302 thereof, having regard to the treaty establishing the european atomic energy community, and in particular article 106a thereof, having regard to the proposal of the swedish government, having regard to the opinion of the european commission, whereas: (1) on 18 september 2015 and 1 october 2015, the council adopted decisions (eu, euratom) 2015/1600 (1) and (eu, euratom) 2015/1790 (2) appointing the members of the european economic and social committee for the period from 21 september 2015 to 20 september 2020. (2) a member's seat on the european economic and social committee has become vacant following the end of the mandate of mr frank thomas abrahamsson, has adopted this decision: article 1 mr sam h gglund, european federation of building and woodworkers, is hereby appointed as a member of the european economic and social committee for the remainder of the current term of office, which runs until 20 september 2020. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 15 july 2019. for the council the president j. lepp (1) council decision (eu, euratom) 2015/1600 of 18 september 2015 appointing the members of the european economic and social committee for the period from 21 september 2015 to 20 september 2020 (oj l 248, 24.9.2015, p. 53). (2) council decision (eu, euratom) 2015/1790 of 1 october 2015 appointing the members of the european economic and social committee for the period from 21 september 2015 to 20 september 2020 (oj l 260, 7.10.2015, p. 23).
name: commission implementing decision (eu) 2019/1202 of 12 july 2019 on the harmonised standards for equipment and protective systems intended for use in potentially explosive atmospheres drafted in support of directive 2014/34/eu of the european parliament and of the council type: decision_impl subject matter: technology and technical regulations; marketing; chemistry; natural environment; european organisations date published: 2019-07-15 15.7.2019 en official journal of the european union l 189/71 commission implementing decision (eu) 2019/1202 of 12 july 2019 on the harmonised standards for equipment and protective systems intended for use in potentially explosive atmospheres drafted in support of directive 2014/34/eu of the european parliament and of the council the european commission, having regard to the treaty on the functioning of the european union, having regard to regulation (eu) no 1025/2012 of the european parliament and of the council of 25 october 2012 on european standardisation, amending council directives 89/686/eec and 93/15/eec and directives 94/9/ec, 94/25/ec, 95/16/ec, 97/23/ec, 98/34/ec, 2004/22/ec, 2007/23/ec, 2009/23/ec and 2009/105/ec of the european parliament and of the council and repealing council decision 87/95/eec and decision no 1673/2006/ec of the european parliament and of the council (1), and in particular article 10(6) thereof, whereas: (1) in accordance with article 12 of directive 2014/34/eu of the european parliament and of the council (2), products which are in conformity with harmonised standards or parts thereof the references of which have been published in the official journal of the european union, are to be presumed to be in conformity with the essential health and safety requirements set out in annex ii to that directive covered by those standards or parts thereof. (2) by letter bc/cen/46-92 bc/clc/05-92 of 12 december 1994, the commission made a request to cen and cenelec for the drafting and revision of harmonised standards in support of directive 94/9/ec of the european parliament and of the council (3). that directive was replaced by directive 2014/34/eu without changing the essential health and safety requirements set out in annex ii to directive 94/9/ec. (3) in particular, cen and cenelec were requested to draft a standard on the design and testing of equipment for use in potentially explosive atmospheres part 0: general requirements as indicated in chapter i.1 of the standardisation programme agreed between cen and cenelec and the commission and attached to request bc/cen/46-92 bc/clc/05-92. cen and cenelec were also requested to revise the existing standards with a view to aligning them to the essential health and safety requirements of directive 94/9/ec. (4) on the basis of the request bc/cen/46-92 bc/clc/05-92, cenelec revised standard en 60079-0:2012 + a11:2013 explosive atmospheres - part 0: equipment - general requirements (iec 60079-0:2011 modified + is1:2013). as a result of that revision cenelec submitted to the commission standard en iec 60079-0:2018: explosive atmospheres - part 0: equipment - general requirements (iec 60079-0:2017). (5) the commission together with cenelec has assessed whether the standard en iec 60079-0:2018 drafted by cenelec complies with the request bc/cen/46-92 bc/clc/05-92. (6) the standard en iec 60079-0:2018 satisfies the requirements which it aims to cover and which are set out in annex ii to directive 2014/34/eu. it is therefore appropriate to publish the reference of that standard in the official journal of the european union. (7) standard en iec 60079-0:2018 replaces standard en 60079-0:2012. it is therefore necessary to withdraw the reference to standard en 60079-0:2012 from the official journal of the european union. in order to give manufacturers sufficient time to prepare for application of the revised standard, it is necessary to defer the withdrawal of the reference to standard en 60079-0:2012. (8) compliance with a harmonised standard confers a presumption of conformity with the corresponding essential requirements set out in union harmonisation legislation from the date of publication of the reference of such standard in the official journal of the european union. this decision should therefore enter into force on the day of its publication, has adopted this decision: article 1 the reference to harmonised standard en iec 60079-0:2018, explosive atmospheres - part 0: equipment - general requirements (iec 60079-0:2017) drafted in support of directive 2014/34/eu is hereby published in the official journal of the european union. article 2 the reference to harmonised standard en 60079-0:2012 + a11:2013, explosive atmospheres - part 0: equipment - general requirements (iec 60079-0:2011 modified + is1:2013) drafted in support of directive 2014/34/eu is hereby withdrawn from the official journal of the european union as from 6 july 2021. article 3 this decision shall enter into force on the day of its publication in the official journal of the european union. done at brussels, 12 july 2019. for the commission the president jean-claude juncker (1) oj l 316, 14.11.2012, p. 12 (2) directive 2014/34/eu of the european parliament and of the council of 26 february 2014 on the harmonisation of the laws of the member states relating to equipment and protective systems intended for use in potentially explosive atmospheres (oj l 96, 29.3.2014, p. 309). (3) directive 94/9/ec of the european parliament and the council of 23 march 1994 on the approximation of the laws of the member states concerning equipment and protective systems intended for use in potentially explosive atmospheres (oj l 100, 19.4.1994, p. 1).
name: decision (eu) 2019/1199 taken by common accord between the representatives of the governments of the member states of 13 june 2019 on the location of the seat of the european labour authority type: decision subject matter: employment; regions of eu member states; eu institutions and european civil service; europe; politics and public safety; labour market; european construction date published: 2019-07-15 15.7.2019 en official journal of the european union l 189/68 decision (eu) 2019/1199 taken by common accord between the representatives of the governments of the member states of 13 june 2019 on the location of the seat of the european labour authority the representatives of the governments of the member states, having regard to the treaty on the functioning of the european union, and in particular article 341 thereof, whereas: (1) regulation (eu) 2019/1149 of the european parliament and of the council (1) establishes the european labour authority. (2) the location of the seat of the european labour authority should be determined, have adopted this decision: article 1 the european labour authority shall have its seat in bratislava. article 2 this decision shall enter into force on the date of its publication in the official journal of the european union. article 3 this decision shall be published in the official journal of the european union. done at luxembourg, 13 june 2019. the president m.c. bud i (1) regulation (eu) 2019/1149 of the european parliament and of the council of 20 june 2019 establishing a european labour authority, amending regulations (ec) no 883/2004, (eu) no 492/2011, and (eu) 2016/589 and repealing decision (eu) 2016/344 (oj l 186, 11.7.2019, p. 21).
name: decision (eu, euratom) 2019/1201 of the representatives of the governments of the member states of 10 july 2019 appointing a judge to the court of justice type: decision subject matter: eu institutions and european civil service date published: 2019-07-15 15.7.2019 en official journal of the european union l 189/70 decision (eu, euratom) 2019/1201 of the representatives of the governments of the member states of 10 july 2019 appointing a judge to the court of justice the representatives of the governments of the member states of the european union, having regard to the treaty on european union, and in particular article 19 thereof, having regard to the treaty on the functioning of the european union, and in particular articles 253 and 255 thereof, having regard to the treaty establishing the european atomic energy community, and in particular article 106a(1) thereof, whereas: (1) under articles 5 and 7 of protocol no 3 on the statute of the court of justice of the european union, and following the resignation of mr carl gustav fernlund as of 7 october 2019, a judge should be appointed to the court of justice for the remainder of the term of office of mr carl gustav fernlund, which runs until 6 october 2024. (2) mr nils wahl has been nominated for the vacant post. (3) the panel set up by article 255 of the treaty on the functioning of the european union has given an opinion on the suitability of this candidate to perform the duties of judge of the court of justice, have adopted this decision: article 1 mr nils wahl is hereby appointed judge to the court of justice for the period from 7 october 2019 to 6 october 2024. article 2 this decision shall enter into force on the day of its publication in the official journal of the european union. done at brussels, 10 july 2019. the president m. rislakki
name: council decision (eu) 2019/1193 of 8 july 2019 on the position to be adopted, on behalf of the european union, within the eea joint committee concerning an amendment to protocol 31 to the eea agreement, on cooperation in specific fields outside the four freedoms (budget line 33 02 03 01 company law) (text with eea relevance.) type: decision subject matter: european construction; international affairs; business organisation date published: 2019-07-12 12.7.2019 en official journal of the european union l 187/39 council decision (eu) 2019/1193 of 8 july 2019 on the position to be adopted, on behalf of the european union, within the eea joint committee concerning an amendment to protocol 31 to the eea agreement, on cooperation in specific fields outside the four freedoms (budget line 33 02 03 01 company law) (text with eea relevance) the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 114, in conjunction with article 218(9) thereof, having regard to council regulation (ec) no 2894/94 of 28 november 1994 concerning arrangements for implementing the agreement on the european economic area (1), and in particular article 1(3) thereof, having regard to the proposal from the european commission, whereas: (1) the agreement on the european economic area (2) (the eea agreement) entered into force on 1 january 1994. (2) pursuant to article 98 of the eea agreement, the eea joint committee may decide to amend, inter alia, protocol 31 to the eea agreement. (3) protocol 31 to the eea agreement contains provisions on cooperation in specific fields outside the four freedoms. (4) it is appropriate to continue the cooperation of the contracting parties to the eea agreement in union actions funded from the general budget of the european union regarding company law. (5) protocol 31 to the eea agreement should therefore be amended in order to allow for that extended cooperation to take place from 1 january 2019. (6) the position of the union within the eea joint committee should therefore be based on the attached draft decision, has adopted this decision: article 1 the position to be adopted, on the union's behalf, within the eea joint committee on the proposed amendment to protocol 31 to the eea agreement, on cooperation in specific fields outside the four freedoms, shall be based on the draft decision of the eea joint committee attached to this decision. article 2 this decision shall enter into force on on the date of its adoption. done at brussels, 8 july 2019. for the council the president a.-k. pekonen (1) oj l 305, 30.11.1994, p. 6. (2) oj l 1, 3.1.1994, p. 3. draft decision of the eea joint committee no /2019 of amending protocol 31 to the eea agreement, on cooperation in specific fields outside the four freedoms the eea joint committee, having regard to the agreement on the european economic area (the eea agreement), and in particular articles 86 and 98 thereof, whereas: (1) it is appropriate to continue the cooperation of the contracting parties to the eea agreement in union actions funded from the general budget of the union regarding company law. (2) protocol 31 to the eea agreement should therefore be amended in order to allow for that extended cooperation to take place from 1 january 2019, has adopted this decision: article 1 in paragraph 13 of article 7 of protocol 31 to the eea agreement, the words and 2018 are replaced by the words , 2018 and 2019. article 2 this decision shall enter into force on the day following the last notification under article 103(1) of the eea agreement (1). it shall apply from 1 january 2019. article 3 this decision shall be published in the eea section of, and in the eea supplement to, the official journal of the european union. done at brussels, for the eea joint committee the president the secretaries to the eea joint committee (1) [no constitutional requirements indicated.] [constitutional requirements indicated.]
name: council decision (eu) 2019/1187 of 6 june 2019 on the signing, on behalf of the european union, and provisional application of certain provisions of the agreement between the european union and the swiss confederation on the application of certain provisions of council decision 2008/615/jha on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, of council decision 2008/616/jha on the implementation of decision 2008/615/jha on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the annex thereto, and of council framework decision 2009/905/jha on accreditation of forensic service providers carrying out laboratory activities type: decision subject matter: information and information processing; natural and applied sciences; europe; cooperation policy; international affairs; european construction; politics and public safety; transport policy date published: 2019-07-12 12.7.2019 en official journal of the european union l 187/1 council decision (eu) 2019/1187 of 6 june 2019 on the signing, on behalf of the european union, and provisional application of certain provisions of the agreement between the european union and the swiss confederation on the application of certain provisions of council decision 2008/615/jha on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, of council decision 2008/616/jha on the implementation of decision 2008/615/jha on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the annex thereto, and of council framework decision 2009/905/jha on accreditation of forensic service providers carrying out laboratory activities the council of the european union, having regard to the treaty on the functioning of the european union, and in particular point (d) of the second subparagraph of article 82(1) and point (a) of article 87(2), in conjunction with article 218(5) thereof, having regard to the proposal from the european commission, whereas: (1) on 10 june 2016 the council authorised the commission to open negotiations for the conclusion of an agreement between the european union and the swiss confederation on the application of certain provisions of council decision 2008/615/jha on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, of council decision 2008/616/jha on the implementation of decision 2008/615/jha on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the annex thereto, and of council framework decision 2009/905/jha on accreditation of forensic service providers carrying out laboratory activities (the agreement). (2) the negotiations were successfully concluded with the initialling of the agreement on 24 may 2018. (3) the improvement of law enforcement information exchange for the purpose of maintaining security in the union cannot be sufficiently achieved by the member states in isolation, due to the nature of international crime, which is not confined to the union borders. the possibility for all the member states and the swiss confederation to have reciprocal access to national databases regarding dna analysis files, dactyloscopic identification systems and vehicle registration data is of central importance in fostering cross-border law enforcement cooperation. (4) ireland is bound by council decision 2008/615/jha (1), council decision 2008/616/jha (2) and the annex thereto, and council framework decision 2009/905/jha (3), and is therefore taking part in the adoption and application of this decision. (5) the united kingdom is bound by decision 2008/615/jha, decision 2008/616/jha and the annex thereto, and framework decision 2009/905/jha, and is therefore taking part in the adoption and application of this decision. (6) in accordance with articles 1 and 2 of protocol no 22 on the position of denmark, annexed to the treaty on european union and to the treaty on the functioning of the european union, denmark is not taking part in the adoption of this decision and is not bound by it or subject to its application. (7) the agreement should be signed and the declaration attached thereto should be approved. certain provisions of the agreement should be applied on a provisional basis, pending the completion of the procedures necessary for its entry into force, has adopted this decision: article 1 the signing on behalf of the union of the agreement between the european union and the swiss confederation on the application of certain provisions of council decision 2008/615/jha on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, of council decision 2008/616/jha on the implementation of decision 2008/615/jha on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the annex thereto, and of council framework decision 2009/905/jha on accreditation of forensic service providers carrying out laboratory activities is hereby authorised, subject to the conclusion of the said agreement. the text of the agreement is attached to this decision. article 2 the declaration attached to the agreement shall be approved on behalf of the union. article 3 the president of the council is hereby authorised to designate the person(s) empowered to sign the agreement on behalf of the union. article 4 in accordance with article 8(3) of the agreement, article 5(1) and (2) of the agreement shall be applied on a provisional basis as from the signature of the agreement (4), pending the completion of the procedures necessary for its entry into force. article 5 this decision shall enter into force on the date of its adoption. done at luxembourg, 6 june 2019. for the council the president a. birchall (1) council decision 2008/615/jha of 23 june 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (oj l 210, 6.8.2008, p. 1). (2) council decision 2008/616/jha of 23 june 2008 on the implementation of decision 2008/615/jha on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (oj l 210, 6.8.2008, p. 12). (3) council framework decision 2009/905/jha of 30 november 2009 on accreditation of forensic service providers carrying out laboratory activities (oj l 322, 9.12.2009, p. 14). (4) the date of signature of the agreement will be published in the official journal of the european union by the general secretariat of the council.
name: council decision (eu) 2019/1179 of 8 july 2019 on the position to be adopted, on behalf of the european union, within the eea joint committee concerning an amendment to protocol 31 to the eea agreement, on cooperation in specific fields outside the four freedoms (budget line 02 04 77 03 preparatory action on defence research) (text with eea relevance.) type: decision subject matter: international affairs; european construction; research and intellectual property; defence date published: 2019-07-11 11.7.2019 en official journal of the european union l 185/39 council decision (eu) 2019/1179 of 8 july 2019 on the position to be adopted, on behalf of the european union, within the eea joint committee concerning an amendment to protocol 31 to the eea agreement, on cooperation in specific fields outside the four freedoms (budget line 02 04 77 03 preparatory action on defence research) (text with eea relevance) the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 218(9) thereof, having regard to council regulation (ec) no 2894/94 of 28 november 1994 concerning arrangements for implementing the agreement on the european economic area (1), and in particular article 1(3) thereof, having regard to regulation (eu, euratom) 2018/1046 of the european parliament and of the council of 18 july 2018 on the financial rules applicable to the general budget of the union, amending regulations (eu) no 1296/2013, (eu) no 1301/2013, (eu) no 1303/2013, (eu) no 1304/2013, (eu) no 1309/2013, (eu) no 1316/2013, (eu) no 223/2014, (eu) no 283/2014, and decision no 541/2014/eu and repealing regulation (eu, euratom) no 966/2012 (2), and in particular article 58(2)(b), article 110(1) and article 181 thereof, having regard to the proposal from the european commission, whereas: (1) the agreement on the european economic area (3) (the eea agreement) entered into force on 1 january 1994. (2) pursuant to article 98 of the eea agreement, the eea joint committee may decide to amend, inter alia, protocol 31 to the eea agreement. (3) protocol 31 to the eea agreement contains provisions on cooperation in specific fields outside the four freedoms. (4) it is appropriate to continue the cooperation of the contracting parties to the eea agreement in union actions funded from the general budget of the european union regarding the preparatory action on defence research. (5) protocol 31 to the eea agreement should therefore be amended in order to allow for that extended cooperation to take place from 1 january 2019. (6) the position of the union within the eea joint committee should therefore be based on the attached draft decision, has adopted this decision: article 1 the position to be adopted, on the union's behalf, within the eea joint committee on the proposed amendment to protocol 31 to the eea agreement, on cooperation in specific fields outside the four freedoms, shall be based on the draft decision of the eea joint committee attached to this decision. article 2 this decision shall enter into force on the date of its adoption. done at brussels, 8 july 2019. for the council the president a.-k. pekonen (1) oj l 305, 30.11.1994, p. 6. (2) oj l 193, 30.7.2018, p. 1 (3) oj l 1, 3.1.1994, p. 3. draft decision of the eea joint committee no /2019 of amending protocol 31 to the eea agreement, on cooperation in specific fields outside the four freedoms the eea joint committee, having regard to the agreement on the european economic area (the eea agreement), and in particular articles 86 and 98 thereof, whereas: (1) it is appropriate to continue the cooperation of the contracting parties to the eea agreement in union actions funded from the general budget of the european union regarding the preparatory action on defence research. (2) protocol 31 to the eea agreement should therefore be amended in order to allow for that extended cooperation to take place from 1 january 2019, has adopted this decision: article 1 in paragraph 13(a) of article 1 of protocol 31 to the eea agreement, the words and 2018 are replaced by the words , 2018 and 2019. article 2 this decision shall enter into force on the day following the last notification under article 103(1) of the eea agreement (1). it shall apply from 1 january 2019. article 3 this decision shall be published in the eea section of, and in the eea supplement to, the official journal of the european union. done at brussels, for the eea joint committee the president the secretaries to the eea joint committee (1) [no constitutional requirements indicated.] [constitutional requirements indicated.]
name: council decision (eu) 2019/1180 of 8 july 2019 on the position to be adopted, on behalf of the european union, within the eea joint committee concerning an amendment to protocol 31 to the eea agreement, on cooperation in specific fields outside the four freedoms (budget line 12 02 01 implementation and development of the single market for financial services) (text with eea relevance.) type: decision subject matter: european construction; international affairs; financial institutions and credit date published: 2019-07-11 11.7.2019 en official journal of the european union l 185/42 council decision (eu) 2019/1180 of 8 july 2019 on the position to be adopted, on behalf of the european union, within the eea joint committee concerning an amendment to protocol 31 to the eea agreement, on cooperation in specific fields outside the four freedoms (budget line 12 02 01 implementation and development of the single market for financial services) (text with eea relevance) the council of the european union, having regard to the treaty on the functioning of the european union, and in particular article 114, in conjunction with article 218(9) thereof, having regard to council regulation (ec) no 2894/94 of 28 november 1994 concerning arrangements for implementing the agreement on the european economic area (1), and in particular article 1(3) thereof, having regard to the proposal from the european commission, whereas: (1) the agreement on the european economic area (2) (the eea agreement) entered into force on 1 january 1994. (2) pursuant to article 98 of the eea agreement, the eea joint committee may decide to amend, inter alia, protocol 31 to the eea agreement. (3) protocol 31 to the eea agreement contains provisions on cooperation in specific fields outside the four freedoms. (4) it is appropriate to continue the cooperation of the contracting parties to the eea agreement in union actions funded from the general budget of the european union regarding the implementation and development of the single market for financial services. (5) protocol 31 to the eea agreement should therefore be amended in order to allow for that extended cooperation to take place from 1 january 2019. (6) the position of the union within the eea joint committee should therefore be based on the attached draft decision, has adopted this decision: article 1 the position to be adopted, on the union's behalf, within the eea joint committee on the proposed amendment to protocol 31 to the eea agreement, on cooperation in specific fields outside the four freedoms, shall be based on the draft decision of the eea joint committee attached to this decision. article 2 this decision shall enter into force on the on the date of its adoption. done at brussels, 8 july 2019. for the council the president a.-k. pekonen (1) oj l 305, 30.11.1994, p. 6. (2) oj l 1, 3.1.1994, p. 3. draft decision of the eea joint committee no /2019 of amending protocol 31 to the eea agreement, on cooperation in specific fields outside the four freedoms the eea joint committee, having regard to the agreement on the european economic area (the eea agreement), and in particular articles 86 and 98 thereof, whereas: (1) it is appropriate to continue the cooperation of the contracting parties to the eea agreement in union actions funded from the general budget of the european union regarding the implementation and development of the single market for financial services. (2) protocol 31 to the eea agreement should therefore be amended in order to allow for that extended cooperation to take place from 1 january 2019, has adopted this decision: article 1 in paragraph 11 of article 7 of protocol 31 to the eea agreement, the words and 2018 are replaced by the words , 2018 and 2019. article 2 this decision shall enter into force on the day following the last notification under article 103(1) of the eea agreement (1). it shall apply from 1 january 2019. article 3 this decision shall be published in the eea section of, and in the eea supplement to, the official journal of the european union. done at brussels, for the eea joint committee the president the secretaries to the eea joint committee (1) [no constitutional requirements indicated.] [constitutional requirements indicated.]
name: council decision (eu) 2019/1172 of 6 june 2019 on the signing, on behalf of the european union, and provisional application of certain provisions of the agreement between the european union and the principality of liechtenstein on the application of certain provisions of council decision 2008/615/jha on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, of council decision 2008/616/jha on the implementation of decision 2008/615/jha on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the annex thereto, and of council framework decision 2009/905/jha on accreditation of forensic service providers carrying out laboratory activities type: decision subject matter: europe; cooperation policy; natural and applied sciences; information and information processing; transport policy; european construction; politics and public safety; international affairs date published: 2019-07-10 10.7.2019 en official journal of the european union l 184/1 council decision (eu) 2019/1172 of 6 june 2019 on the signing, on behalf of the european union, and provisional application of certain provisions of the agreement between the european union and the principality of liechtenstein on the application of certain provisions of council decision 2008/615/jha on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, of council decision 2008/616/jha on the implementation of decision 2008/615/jha on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the annex thereto, and of council framework decision 2009/905/jha on accreditation of forensic service providers carrying out laboratory activities the council of the european union, having regard to the treaty on the functioning of the european union, and in particular point (d) of the second subparagraph of article 82(1) and point (a) of article 87(2),in conjunction with article 218(5) thereof, having regard to the proposal from the european commission, whereas: (1) on 10 june 2016 the council authorised the commission to open negotiations for the conclusion of an agreement between the european union and the principality of liechtenstein on the application of certain provisions of council decision 2008/615/jha on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, of council decision 2008/616/jha on the implementation of decision 2008/615/jha on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the annex thereto, and of council framework decision 2009/905/jha on accreditation of forensic service providers carrying out laboratory activities (the agreement). (2) the negotiations were successfully concluded with the initialling of the agreement on 24 may 2018. (3) the improvement of law enforcement information exchange for the purpose of maintaining security in the union cannot be sufficiently achieved by the member states in isolation, due to the nature of international crime, which is not confined to the union borders. the possibility for all the member states and the principality of liechtenstein to have reciprocal access to national databases regarding dna analysis files, dactyloscopic identification systems and vehicle registration data is of central importance in fostering cross-border law enforcement cooperation. (4) ireland is bound by council decision 2008/615/jha (1), council decision 2008/616/jha (2) and the annex thereto, and council framework decision 2009/905/jha (3), and is therefore taking part in the adoption and application of this decision. (5) the united kingdom is bound by decision 2008/615/jha, decision 2008/616/jha and the annex thereto, and framework decision 2009/905/jha, and is therefore taking part in the adoption and application of this decision. (6) in accordance with articles 1 and 2 of protocol no 22 on the position of denmark, annexed to the treaty on european union and to the treaty on the functioning of the european union, denmark is not taking part in the adoption of this decision and is not bound by it or subject to its application. (7) the agreement should be signed and the declaration attached thereto should be approved. certain provisions of the agreement should be applied on a provisional basis, pending the completion of the procedures necessary for its entry into force, has adopted this decision: article 1 the signing on behalf of the union of the agreement between the european union and the principality of liechtenstein on the application of certain provisions of council decision 2008/615/jha on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, of council decision 2008/616/jha on the implementation of decision 2008/615/jha on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime, and the annex thereto, and of council framework decision 2009/905/jha on accreditation of forensic service providers carrying out laboratory activities is hereby authorised, subject to the conclusion of the said agreement. the text of the agreement is attached to this decision. article 2 the declaration attached to the agreement shall be approved on behalf of the union. article 3 the president of the council is hereby authorised to designate the person(s) empowered to sign the agreement on behalf of the union. article 4 in accordance with article 8(3) of the agreement, article 5(1) and (2) of the agreement shall be applied on a provisional basis as from the signature of the agreement (4), pending the completion of the procedures necessary for its entry into force. article 5 this decision shall enter into force on the date of its adoption. done at luxembourg, 6 june 2019. for the council the president a. birchall (1) council decision 2008/615/jha of 23 june 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (oj l 210, 6.8.2008, p. 1). (2) council decision 2008/616/jha of 23 june 2008 on the implementation of decision 2008/615/jha on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (oj l 210, 6.8.2008, p. 12). (3) council framework decision 2009/905/jha of 30 november 2009 on accreditation of forensic service providers carrying out laboratory activities (oj l 322, 9.12.2009, p. 14). (4) the date of signature of the agreement will be published in the official journal of the european union by the general secretariat of the council.