General arrangements

GENERAL ARRANGEMENTS

(1) The European Council meeting in Brussels on 15 and 16 December 2005 concluded, inter alia, that the own resources arrangements should be guided by the overall objective of equity.

Except where otherwise provided for in this Title, the Union shall apply in its trade with Ceuta and Melilla, for products falling within Annex I to the Constitution, the general arrangements which it applies in its foreign trade.

(2) If the public partner has no special authorisation to regulate individual issues by law, regulation or general instrument (such as determining the method of financing for the public-private partnership, determining the prices of goods and services of the public-private partnership and so forth), such issues shall on the basis of a public tender be regulated in a public-private partnership contract.

If the provisions of law of either Contracting Party or obligations under international law existing at present or established hereafter between the Contracting Parties in addition to this Agreement contain a regulation, whether general or specific, entitling investments of investors of either Contracting Party to a treatment more favourable than is provided for by this Agreement, such provisions shall, to the extent that they are more favourable, prevail over this Agreement.

Therefore, the broadcasting sector has, since its inception, been subject to specific regulation in the general interest.

Contracts subject to special arrangements, provisions concerning central purchasing bodies and the general procedure in case of direct exposure to competition

Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(4) defines the general objectives and tasks of the Structural Funds and the Financial Instrument for Fisheries Guidance ("FIFG"), their organisation, the assistance methods, the programming and general organisation of the aid provided by the Funds and the general financial arrangements;

The common organisations of markets in agricultural products include a general obligation for Member States and the Commission to exchange the information necessary for the proper functioning of those organisations.

In order that the Spanish fruit and vegetables sector may be harmoniously and completely integrated into the framework of the common agricultural policy at the end of the first phase, the Kingdom of Spain shall progressively adjust the organization of its domestic market on the basis of the general objectives defined in paragraph 2.

As new general rules for fleet capacity management and public aid have been introduced in Regulations (EC) No 2371/2002 and (EC) No 2792/1999 with effect from 1 January 2003, the specific arrangements for the outermost regions should also apply from that date.

In order that Portuguese agriculture may be harmoniously integrated into the framework of the common agricultural policy at the end of the first stage, the Portugese Republic shall progressively adjust the organization of its market on the basis of a certain number of general objectives supplemented by variable specific objectives according to the sectors concerned.

Audiovisual policy and content regulation are undertaken in pursuit of general interest objectives, such as freedom of expression, media pluralism, impartiality, cultural and linguistic diversity, social inclusion, consumer protection and the protection of minors.

In order to forestall the existence of a multitude of specific arrangements applying to certain sectors only, the general procedure that permits the effects of opening up to competition to be taken into account should also apply to all entities providing bus transport services that are not excluded from the scope of Directive 93/38/EEC pursuant to Article 2(4) thereof.

In dealing with these issues everybody seems to have forgotten much more important questions: one is whether such statutory regulations conform with the modern understanding of journalistic freedom at all; the other is whether this instrument perhaps leads towards a general restriction of the media on the one hand and the general right of access to the media on the other. The latter would mean that every member of society would have the right of access to the media whenever he/she estimates that the information which he/she wants to communicate to the public contributes to the diversity and objectivity of public information.

To forestall the proliferation of specific arrangements applicable to certain sectors only, the current special arrangements created by Article 3 of Directive 93/38/EEC and Article 12 of Directive 94/22/EC of the European Parliament and of the Council of 30 May 1994 on the conditions for granting and using authorisations for the prospection, exploration and production of hydrocarbons(13) governing entities exploiting a geographical area for the purpose of exploring for or extracting oil, gas, coal or other solid fuels should be replaced by the general procedure allowing for exemption of sectors directly exposed to competition.

General provisions and control arrangements

Notwithstanding the general arrangements for Objective 1 regions, and only in duly justified exceptional cases.

Generally speaking, maintenance arrangements specific to each subsystem covered by a TSI shall, if necessary at all, be set out in the corresponding TSI.

Article 1(3) of that Regulation introduces general arrangements for reducing customs duties on the products listed in Annex I thereto and specific arrangements for reducing customs duties on certain products covered by tariff quotas listed in Annex II thereto.

Notwithstanding the general arrangements for Objective 1 regions, and only in enterprises of small economic size to be defined in the programme complement referred to in Article 19(4) of Regulation (EC) No 1260/1999.

Although the insurance industry is not specifically included in the list of exceptions in Section 5, the McCarran-Ferguson Act (15 U. S. C. § 1011 et seq.) generally leaves the regulation of the business of insurance to the

Although the insurance industry is not specifically included in the list of exceptions in Section 5, the McCarran-Ferguson Act (15 U. S. C. § 1011 et seq.) generally leaves the regulation of the business of insurance to the

The arrangements for the Community financial assistance for the actions undertaken under this programme shall be laid down in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(18).

This Regulation lays down general rules for the implementation of Regulation (EC) No 520/94, hereinafter referred to as the 'basic Regulation', without prejudice to any specific arrangements which may be laid down by the Commission pursuant to the procedure provided for in Article 23 of the basic Regulation.

As new general rules for fleet capacity management and public aid have been introduced in Regulations (EC) No 2371/2002 and (EC) No 2792/1999 with effect from 1 January 2003, the specific arrangements for the outermost regions should also apply from that date.

When the Greenland Home Rule Government presented its paper on a general structural action plan ("A vision for the future") to the Parliament in the autumn of 2000, it appeared clearly that it did not include arrangements for specific sectors of industry but rather a description of the framework of conditions needed to develop Greenlandic industry in general on the international front.

'However, so as to allow Ireland and the United Kingdom in respect of Northern Ireland to substitute for the special arrangements which apply to them under Article 13, the general rules concerning foot-and-mouth disease as set out in this Directive, the two Member States concerned shall bring into force the necessary measures to comply therewith not later than 30 September 1985.'

Notwithstanding the general arrangements for Objective 1 regions, and only for vessels of less than 12 metres overall length other than trawlers, provided the vessels are registered in a port located in one of the outermost regions and actually carry out their fishing activity from that port or another port in one of these regions for a period of at least five years.

Having regard to the instruments establishing common organisation of agricultural markets and to the instruments concerning processed agricultural products adopted in pursuance of Article 235 of the Treaty, in particular the provisions of those instruments which allow for derogation from the general principle that quantitative restrictions or measures having equivalent effect may be replaced solely by the measures provided for in those same instruments;

Having regard to the instruments establishing common organization of agricultural markets and to the instruments concerning processed agricultural products adopted in pursuance of Article 235 of the Treaty, in particular the provisions of those instruments which allow for derogation from the general principle that all quantitative restrictions or measures having equivalent effect may be replaced solely by the measures provided for in those same instruments,

Whereas this Regulation is to apply to all products, whether industrial or agricultural; whereas its operation should be complementary to that of the instruments establishing common organisation of agricultural markets, and to that of the special instruments adopted under Article 235 of the Treaty for processed agricultural products; whereas any overlap between the provisions of this Regulation and the provisions of those instruments, particularly the protective clauses thereof, must however be avoided;

A harmonised legal framework on copyright and related rights, through increased legal certainty and while providing for a high level of protection of intellectual property, will foster substantial investment in creativity and innovation, including network infrastructure, and lead in turn to growth and increased competitiveness of European industry, both in the area of content provision and information technology and more generally across a wide range of industrial and cultural sectors.

Whereas Regulation (EC) No 1260/1999 defines the general arrangements governing the Structural Funds as a whole and it is necessary to define which activities are eligible for financing by the European Social Fund (hereinafter the 'Fund') within the framework of Objectives 1, 2 and 3, referred to in Article 1, first subparagraph, points 1, 2 and 3 of the said Regulation (hereinafter referred to as 'Objectives 1, 2 and 3'), in the framework of the Community initiative for combating all forms of discrimination and inequalities in connection with the labour market, and within the framework of innovative measures and technical assistance;

The objective of this Directive is to be achieved through the establishment of a general framework comprising the principles, definitions and arrangements for information and consultation, which it will be for the Member States to comply with and adapt to their own national situation, ensuring, where appropriate, that management and labour have a leading role by allowing them to define freely, by agreement, the arrangements for informing and consulting employees which they consider to be best suited to their needs and wishes.

Whereas Council Regulation (EEC) No 441/69 of 4 March 1969 laying down additional general rules for granting export refunds on products subject to a single price system, exported unprocessed or in the form of certain goods not covered by Annex II to the Treaty fn, as last amended by Regulation (EEC) No 269/78 fn, provides in the second subparagraph of Article 2 (4) and in Article 3 (1) for the part of the refund calculated on the basis of the lowest rates to be paid as soon as the product has been brought under the special arrangement introduced by the said Regulation;

Subject to the application of paragraph 1, taxable persons enjoying graduated relief shall be treated as taxable persons subject to the normal value added tax scheme.

the amount of the total value added tax attaching to the goods and services purchased by all agricultural, forestry and fisheries undertakings of each Member State subject to the flat-rate scheme where such tax would be deductible under Article 17 by a farmer subject to the normal value added tax scheme,

Where the taxable dealer applies the normal value added tax arrangements to:

§ 1011 et seq.) generally leaves the regulation of the business of insurance to the individual states(10).

Where he is led to apply both the normal arrangements for value added tax and the special arrangements for taxing the margin, the taxable dealer must follow separately in his accounts the transactions falling under each of these arrangements, according to rules laid down by the Member States,

These arrangements may continue to be useful in certain cases as an additional tool to the general obligations established in this Directive.

Contracts subject to special arrangements, provisions concerning central purchasing bodies and the general procedure in case of direct exposure to competition

Taxable persons eligible for exemption from tax may opt either for the normal value added tax scheme or for the simplified procedures referred to in paragraph 1.

The taxable dealer may apply the normal value added tax arrangements to any supply covered by the special arrangements pursuant to paragraph 2 or 4.

This right to deduct shall arise at the time when the tax due for the supply in respect of which the taxable dealer opts for application of the normal value added tax arrangements become chargeable.

whereas Member States should remain free to apply a special scheme involving flat rate rebates of input value added tax to farmers not covered by normal schemes;

Member States shall grant taxable persons and non-taxable legal persons eligible under the second subparagraph the right to opt for the general scheme laid down in the first subparagraph.

Every flat-rate farmer may opt, subject to the rules and conditions to be laid down by each Member State, for application of the normal value added tax scheme or, as the case may be, the simplified scheme provided for in Article 24 (1).