EC Decision

B. Forms of directives, decisions, recommendations and opinions (EC Treaty)

(j) decision to extend the periods laid down in Article 251(7) of the EC Treaty;

The EC Commission shall, subject to the review of the EC Court of Justice, have sole competence to take decisions on these cases;

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

Council Decision of 22 March 2004 adopting the Council's Rules of Procedure (2004/338/EC, Euratom)

(12) Provisions should be laid down to cover the changeover from the system laid down by Decision 2000/597/EC, Euratom to that introduced by this Decision.

In cases where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply.

having regard to Council Decision No 2007/436/EC, EURATOM of 7 June 2007 on the system of the European Communities' own resources (hereinafter referred to as "the Decision"),

Council Decision of 24 September 2004 concerning the Staff Regulations of the European Defence Agency (2004/676/EC)

(d) directives other than those referred to in Article 254(1) and (2) of the EC Treaty, decisions other than those referred to in Article 254(1) of the EC Treaty, recommendations and opinions;

Subject to paragraph 2, Decision 2000/597/EC, Euratom shall be repealed as of 1 January 2007. Any references to the Council Decision of 21 April 1970 on the replacement of financial contributions from Member States by the Communities' own resources(17), to Council Decision 85/257/EEC, Euratom of 7 May 1985 on the Communities' system of own resources(18), to Council Decision 88/376/EEC, Euratom of 24 June 1988 on the system of the Communities' own resources(19), to Council Decision 94/728/EC, Euratom of 31 October 1994 on the system of the European Communities' own resources(20) or to Decision 2000/597/EC, Euratom shall be construed as references to this Decision.

For the recovery of sums unduly paid, decisions of the Commission shall be enforceable in accordance with Article 256 of the EC Treaty.

Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

Financial resources may be adjusted by a decision of the Council acting unanimously, in accordance with Article 62(2) of the ACP-EC Partnership Agreement.

(c) decisions adopted by the Council during the procedure referred to in Article 251 of the EC Treaty and joint texts approved by the Conciliation Committee.

Except with regard to directives and decisions which enter into force pursuant to Article 254(1) and (2) of the EC Treaty, the new Member States shall be considered as having received notification of such directives and decisions upon 1 May 2004.

(3) Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community(8) (hereinafter referred to as the »Association Decision«) is applicable until 31 December 2011. A new decision on the basis of Article 187 of the Treaty should be adopted before that date.

The work of the Commission and the EIB to apply the ACP-EC Partnership Agreement and the corresponding provisions of the Association Decision should be harmonised.

The provisions relating to regulations set out in A above shall apply mutatis mutandis, subject to the relevant provisions of the EC Treaty, to directives and decisions.

(b) The funds referred to in Annex I to the ACP-EC Partnership Agreement and Annex II A of the Association Decision and allocated under the 9th EDF to finance the resources of the Investment Facility set out in Annex II C of the Association Decision (hereinafter referred to as the ` Investment Facility` ) are not affected by Decision 2005/446/EC setting the date beyond which the funds of the 9th EDF may no longer be committed.

Decisions under this Agreement by the EFTA Surveillance Authority and the EC Commission which impose a pecuniary obligation on persons other than States, shall be enforceable.

considering Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 implementing the abovementioned Decision on own resources (hereinafter referred to as "the Regulation"),

For the purposes of this Decision, GNI shall mean GNI for the year at market prices as provided by the Commission in application of the ESA 95 in accordance with Regulation (EC) No 2223/96.

As from 1 May 2004, the new Member States shall be considered as being addressees of directives and decisions within the meaning of Article 249 of the EC Treaty and of Article 161 of the EAEC Treaty, provided that those directives and decisions have been addressed to all the present Member States.

Directives other than those referred to in Article 254(1) and (2) of the EC Treaty and decisions other than those referred to in Article 254(1) of the EC Treaty shall be notified to their addressees by the Secretary-General, the Deputy Secretary-General or a Director-General acting on their behalf.

(2) The plan submitted by the Republic of Slovenia was approved as an Agriculture and Rural Development Programme by a Decision taken in accordance with Article 4 (5) of Regulation (EC) No. 1268/1999 on 27 October 2000;

They shall also cover expenditure both at Commission headquarters and in Delegations on the administrative support needed to manage operations financed under the ACP-EC Partnership Agreement and the Association Decision.

Any Member State may, without prejudice of the decision making rules and procedures set out in Article 8, provide to the Commission or the EIB voluntary contributions to support the objectives of the ACP-EC Partnership Agreement.

These resources shall be allocated for an amount of up to EUR 2 000 million for the purposes set out in Annex II to the ACP-EC Partnership Agreement and for an amount of up to EUR 30 million for the purposes set out in the Association Decision, in accordance with the conditions specified in its statutes and the relevant provisions of the terms and conditions for investment financing as laid down in Annex II to the ACP-EC Partnership Agreement and the Association Decision.

(5) In order to implement the ACP-EC Partnership Agreement and the Association Decision, a 10th EDF should be established and a procedure should be laid down for the allocation of funds and for contributions from Member States to those funds.

(18) The measures necessary for the implementation of this Directive 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).

For the year 2004, the harmonised VAT assessment base and the GNI (gross national income) base of each new Member State, referred to in Article 2(1)(c) and (d) of Council Decision 2000/597/EC, Euratom shall be equal to two thirds of the annual base.

The Council of the European Union, pursuant to Council Decision 97/256/EC of 14 April 1997, invited the Bank to propose a substantial pre-accession support facility to the countries of Central and Eastern Europe which have applied to the European Union.

Enforcement may be suspended only by a decision of the Court of Justice of the European Communities, as far as decisions by the EC Commission, the Court of First Instance of the European Communities or the Court of Justice of the European Communities are concerned, or by a decision of the EFTA Court as far as decisions by the EFTA Surveillance Authority or the EFTA Court are concerned.

(h) Decision 2003/223/EC of the Council, meeting in the composition of the Heads of State or Government, of 21 March 2003 on an amendment to Article 10.2 of the Statute of the European System of Central Banks and of the European Central Bank (OJ L 83, 1. 4. 2003, p. 66).

However, notwithstanding Article 1(4), this Agreement shall remain in force for as long as is necessary for all the operations financed under the ACP-EC Partnership Agreement and the Association Decision and the said multi-annual financial framework to be fully executed.

Where an OCT becomes independent and accedes to the ACP-EC Partnership Agreement, the amount indicated in paragraph 1 shall be reduced and those indicated in Article 2(a)(i) correspondingly increased by a decision of the Council acting unanimously on a proposal from the Commission.

The competent authority according to Part VII shall, acting on its own initiative or on application by an EC Member State or an EFTA State, investigate any cases of discrimination falling within this Article and take the necessary decisions within the framework of its internal rules.

The order for its enforcement shall be appended to the decision, without other formality than verification of the authenticity of the decision, by the authority which each Contracting Party shall designate for this purpose and shall make known to the other Contracting Parties, the EFTA Surveillance Authority, the EC Commission, the Court of Justice of the European Communities, the Court of First Instance of the European Communities and the EFTA Court.

The GNI base of each new Member State to be taken into account for the calculation of the financing of the correction in respect of budgetary imbalances granted to the United Kingdom, referred to in Article 5(1) of Council Decision 2000/597/EC, Euratom shall likewise be equal to two thirds of the annual base.

In the latter case, or if a Contracting Party notifies the non-ratification of a decision of the EEA Joint Committee, the suspension provided for in Article 102(5) shall take effect one month after such a notification but in no event earlier than the date on which the corresponding EC act is implemented in the Community.

The Secretary-General, the Deputy Secretary-General or a Director-General acting on their behalf shall send to the Governments of the Member States and to the Commission authentic copies of Council directives other than those referred to in Article 254(1) and (2) of the EC Treaty and Council decisions and recommendations.

(3) For the purposes of this Decision, gross national income (GNI) should be defined as annual GNI at market prices as provided by the Commission in application of the European system of national and regional accounts in the Community (hereinafter referred to as the "ESA 95") in accordance with Council Regulation (EC) No 2223/96(14).

The revenue designated as "Common Customs Tariff duties and other duties" referred to in Article 2(1)(b) of Council Decision 2000/597/EC, Euratom of 29 September 2000 on the system of the European Communities' own resources, or the corresponding provision in any Decision replacing it, shall include the customs duties calculated on the basis of the rates resulting from the Common Customs Tariff and any tariff concession relating thereto applied by the Union in the new Member States' trade with third countries.

The Council shall, in accordance with the procedures laid down in Article 279(2) of the EC Treaty and Article 183 of the Euratom Treaty, adopt the provisions necessary to apply this Decision and to make possible the inspection of the collection, the making available to the Commission and payment of the revenue referred to in Articles 2 and 5.

(10) The European Council of 15 and 16 December 2005 concluded that point (f) of the second paragraph of Article 4 of Decision 2000/597/EC, Euratom regarding the exclusion of the annual pre-accession expenditure in acceding countries from the calculation of the correction in favour of the United Kingdom shall cease to apply at the end of 2013.

(4) The plan was approved as an Agriculture and Rural Development Programme by a Decision taken in accordance with Article 4 (5) of Regulation (EC) No 1268/1999 on 27 October, 2000. It is necessary to set out conditions for the execution of the Agriculture and Rural Development Programme, and any amendments thereof, in the Republic of Slovenia.

Articles 2, 4 and 5 of Decisions 88/376/EEC, Euratom, 94/728/EC, Euratom and 2000/597/EC, Euratom shall continue to apply to the calculation and adjustment of revenue accruing from the application of a uniform rate valid for all Member States to the VAT base determined in a uniform manner and limited between 50% and 55% of the GNP or GNI of each Member State, depending on the relevant year, and to the calculation of the correction of budgetary imbalances granted to the United Kingdom for the years 1988 to 2006.

8.01 The rights and duties of the parties to this Agreement shall be governed by the general principles common to the laws of the Member States. Any dispute between the parties to this Agreement that is not promptly and amicably resolved shall be referred for decision to the Court of Justice of the European Communities pursuant to Article 238 of the EC Treaty.