7.10.2010   

EN

Official Journal of the European Union

C 271/1

7.10.2010   

EN

Official Journal of the European Union

C 271/2

(1)

The European Geostationary Navigation Overlay Service (EGNOS) and the Galileo programmes are governed by Regulation (EC) No 683/2008 of the European Parliament and of the Council of 9 July 2008 on the further implementation of the European satellite navigation programmes (EGNOS and Galileo) (1). Article 1(1) of Regulation (EC) No 683/2008 specifies that these programmes shall cover all the activities needed to define, develop, validate, construct, operate, renew and improve the EGNOS system and the system established under the Galileo programme.

(2)

Pursuant to Article 12(2) of Regulation (EC) No 683/2008, the Commission is responsible for the management of those programmes. The management tasks include the renewal and improvement of the systems through refinement of the mission profiles and implementation of the related system changes.

(3)

The objective of the two systems is to provide users with a state-of-the-art positioning, navigation and timing service in accordance with the specified mission requirements for Galileo and EGNOS. Any refinement of the mission profiles of the two systems should take full account of the views of the navigation satellite systems user communities and other stakeholders, including those of the Member States, third countries and international organisations.

(4)

It is therefore necessary to set up a group of experts to provide independent advice to the Commission on EGNOS and Galileo mission evolution matters and to define its tasks and its structure.

(5)

Rules on disclosure of information by members of the group should be provided for, without prejudice to the Commission’s rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom of 29 November 2001 amending its internal Rules of Procedure (2).

(6)

Personal data should be processed in accordance with 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 (3).

(7)

It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension,

7.10.2010   

EN

Official Journal of the European Union

C 271/4

1.

Article 14 of Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (recast) (1) require the European Commission to draw up and publish a list in the Official Journal of all credit institutions to which authorisation has been granted as outlined in the Directive.

2.

Paragraph 6(b) of Protocol 1 to the EEA Agreement requires that ‘where according to an act, facts, procedures, reports and the like are to be published in the Official Journal of the European Union the corresponding information regarding the EFTA States shall be published in a separate section thereof.’

3.

This is the 10th occasion on which the Standing Committee of the EFTA States complies with the above requirement. The list published in the Annex to this communication comprises all the credit institutions that were engaged in business in Iceland, Liechtenstein and Norway on 1 January 2010 falling within the scope of the Capital Requirement Directive 2006/48/EC.

4.

The present list was drawn up by the Standing Committee of the EFTA States on the basis of information supplied by the EFTA States concerned. The list has no legal significance and confers no right in law. If an unauthorised institution is inadvertently included in the list, its legal status is in no way altered; similarly, if an institution has inadvertently been omitted from the list, the validity of its authorisation will not be affected.

Fjármálaeftirlitid (Financial Supervisory Authority)

Sudurlandsbraut 32

108 Reykjavík

ICELAND

Tel. +354 5252700

Fax +354 5252727

http://www.fme.is

Financial Market Authority (FMA) Liechtenstein

Heiligkreuz 8

Post Box 684

FL-9490 Vaduz

LIECHTENSTEIN

Tel. +423 2367373

Fax +423 2367374

http://www.fma-li.li

Kredittilsynet (The Financial Supervisory Authority of Norway)

P.O. Box 100 Bryn

0611 Oslo

NORWAY

Tel. +47 22939800

Fax +47 22630226

E-mail: post@finanstilsynet.no

http://www.finanstilsynet.no

7.10.2010   

EN

Official Journal of the European Union

C 271/14

—

Investment survey

—

Construction survey

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Retail trade survey

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Services survey

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Industry survey

—

Consumer survey

—

Ad hoc surveys on topical economic issues. These ad hoc surveys are by definition more occasional and are carried out in addition to the monthly surveys, using the same established samples as the monthly surveys, to obtain information on specific economic policy issues.

—

The monthly surveys must be carried out in the first two weeks of each month and the results must be e-mailed to the Commission at least five working days before the end of the month in accordance with the calendar that will be included in the grant agreement; publication of results is generally on the second-last working day of the month. The deadline for the delivery of consumer survey results is seven working days before the end of the month in accordance with the calendar that will be included in the grant agreement.

—

The quarterly surveys must be carried out in the first two weeks of the first month of each quarter (January, April, July and October) and the results must be e-mailed to the Commission at least five working days before the end of January, April, July and October respectively and in accordance with the calendar that will be included in the grant agreement.

—

The six-monthly surveys of investment must be carried out in March/April and October/November and the results must be e-mailed to the Commission at least five working days before the end of April and November, respectively, and in accordance with the calendar that will be included in the grant agreement.

—

In the case of ad hoc surveys, the beneficiary must undertake to adhere to the specific timetables laid down for them.

—

The total annual budget available for the period May 2011—April 2012 for these surveys is in the region of EUR 5 620 000 (five million six hundred and twenty thousand euro).

—

Amounts for the following three years could be increased, subject to budgetary resources available, by about 2 % per year.

—

Where, in a proposal, the amount of the services executed by a subcontractor is equal to or exceeds 50 % of the tasks, the subcontractor must provide all the necessary documents for assessing the applicant's proposal as a whole with regard to the exclusion, selection and award criteria (see points 5, 6 and 7 below). This implies that the subcontractor has to prove that he fulfils the exclusion criteria, and that the combined capacity of the subcontractor and the applicant will be considered with regard to the selection and award criteria.

—

The applicant for the grant shall award contract to tenderers offering the best price-quality ratio, while taking care to avoid any conflict of interest. In case subcontracting exceeds EUR 60 000 the applicant will have to document, once selected, that the subcontractor has been chosen on the best price-quality ratio basis.

—

assume the overall responsibility for the partnership vis-à-vis the Commission,

—

monitor the activities of the other participating member(s),

—

ensure the overall coherence and timely submission of survey results,

—

centralise the signature of the contract and deliver the contract duly signed by all participants to the Commission (proxy is possible),

—

centralise the Commission's financial contribution and disburse payments to participants,

—

collect supporting documents of expenditure incurred by each participant and present them in a single submission.

(a)

they are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

(b)

they have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata;

(c)

they have been guilty of grave professional misconduct proven by any means which the contracting authority can justify;

(d)

they have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the contracting authority or those of the country where the contract is to be performed;

(e)

they have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Union’ financial interests;

(f)

following another procurement procedure or grant award procedure covered by the Union budget, they have been declared to be in serious breach of their obligations;

(g)

they are subject to a conflict of interest;

(h)

they are guilty of misrepresentation in supplying the information required or fail to supply this information.

(a)

cases of fraud as referred to in Article 1 of the Convention on the protection of the European Communities’ financial interests drawn up by the Council Act of 26 July 1995 (2);

(b)

cases of corruption as referred to in Article 3 of the Convention on the fight against corruption involving officials of the European Communities or officials of Member States of the European Union, drawn up by the Council Act of 26 May 1997 (3);

(c)

cases of involvement in a criminal organisation, as defined in Article 2(1) of Joint Action 98/733/JHA of the Council (4);

(d)

cases of money laundering as defined in Article 1 of Council Directive 91/308/EEC (5).

1.

Without prejudice to the application of penalties laid down in the contract, candidates or tenderers and contractors who have made false declarations, have made substantial errors or committed irregularities or fraud, or have been found in serious breach of their contractual obligations may be excluded from all contracts and grants financed by the Union budget for a maximum of five years from the date on which the infringement is established as confirmed following an adversarial procedure with the contractor.

That period may be extended to 10 years in the event of a repeated offence within five years of the date referred to in the first subparagraph.

2.

Tenderers or candidates who have made false declarations, have committed substantial errors, irregularities or fraud, may also be subject to financial penalties representing 2 % to 10 % of the total estimated value of the contract being awarded.

Contractors who have been found in serious breach of their contractual obligations may be subject to financial penalties representing 2 % to 10 % of the total value of the contract in question.

That rate may be increased to 4 % to 20 % in the event of a repeat infringement within five years of the date referred to in the first subparagraph of paragraph 1.

1.

In the case referred to in point 5.2(c) the candidates or tenderers shall be excluded from all contracts and grants for a maximum of five years from the date on which the infringement is committed or, in the case of continuing or repeated infringements, the date on which the infringement ceases.

2.

In the cases referred to in points 5.2(b) and (e), the candidates or tenderers shall be excluded from all contracts and grants for a maximum of five years from the date of the judgment having the force of res judicata.

Those periods of exclusion may be extended to 10 years in the event of a repeat offence within five years of the dates referred to in points 1 and 2 above.

—

proposal's compliance with the methodology of the Joint Harmonised EU Programme of BCS,

—

at least three years of proven experience in preparing and carrying out monthly or quarterly surveys. The applicant's track record as well as experience and qualifications of the experts and the managers will be considered,

—

capacity of the applicant to complete the survey and to deliver the data each month (or if appropriate each quarter) in due time (e.g. on the basis of resources at its disposal and of evidence of relevant experience).

—

Quality of the proposed survey methodology based on the technical specifications (sample design, survey mode, coverage rate, representativeness of results). The following further information will be considered:

—

The candidate's degree of experience and expertise in developing survey methodology, in constructing indicators based on survey results and in using survey results for cyclical and economic analysis and research, including analysis by sector,

—

Efficiency of the tenderer’s logistic and work organisation in terms of infrastructure, facilities and qualified staff for the execution of the tasks as specified in the Terms of Reference.

—

The candidate's degree of compliance with formalised business processes and international quality management standards, especially in conducting surveys.

—

administrative proposal,

—

technical proposal,

—

financial proposal.

—

grant application form,

—

legal entity form,

—

financial identification form,

—

declaration of honour (with respect to the exclusion criteria),

—

declaration indicating willingness to sign the framework partnership agreement and the specific grant agreement,

—

declaration concerning the publication, release and use of data,

—

form for the description of the survey methodology,

—

form regarding subcontracting,

—

budget statement for providing estimates of the survey costs and financing plan,

—

aide-memoire for drawing up financial estimates and financial statements,

—

model of the framework partnership agreement,

—

model of the specific annual grant agreement.

(a)

by downloading them from the following Internet address:

http://ec.europa.eu/economy_finance/procurement_grants/grants/proposals/index_en.htm

(b)

in case the previous option is not possible, by writing to the Commission at:

Please mention ‘Call for proposals — ECFIN/A3/2010/020’

—

a duly signed standard grant application form,

—

a duly completed and signed standard legal entity form and the requested supporting documentation proving the legal status of the body or institute,

—

a duly completed and signed standard financial identification form,

—

a duly signed standard declaration of honour (with respect to the exclusion criteria),

—

a duly signed standard declaration indicating willingness to sign the framework partnership agreement and the specific grant agreement, if selected,

—

a duly completed and signed standard declaration concerning the publication, release and use of data in relation to the European Commission's business and consumer surveys.

—

the organisation chart of the body or institute, showing the names and positions of the management and of the operational service responsible for conducting the survey(s),

—

proof of sound financial situation: balance sheets and profit and loss accounts, certified by auditors, from the last two financial years for which the accounts have been closed,

—

a declaration identifying the member acting as coordinator, signed by each participating member, in case of a joint proposal.

—

a description of the activities of the body or institute, enabling the assessment of its qualifications and the scope and duration of its experience in the requested areas under point 6.2: this should mean any relevant studies, service contracts, consultancy work, surveys, publications or other work previously carried out, indicating the name of the client and stating which, if any, were done for the European Commission (the most relevant studies and/or results should be attached),

—

a detailed description of the operational organisation for carrying out the surveys: relevant documentation should be attached regarding the infrastructure, facilities, resources and qualified staff (concise CV’s of the staff the most involved in carrying out the survey(s)) at the applicant’s disposal,

—

a sample questionnaire in English as well as in the language in which the survey will be conducted,

—

duly completed standard form(s) providing a detailed description of the survey methodology,

—

a duly completed standard form regarding subcontractors involved in the action, including a detailed description of the tasks to be subcontracted.

—

a duly completed and detailed standard budget statement (in euro and exclusive of VAT unless the applicant can demonstrate that VAT cannot be recovered — see next bullet point), covering a period of 12 months, for each survey, containing a financing plan for the action and a detailed breakdown of the estimated total and unit eligible costs for conducting survey(s), including subcontracting costs,

—

a certificate of non-liability for VAT, if applicable,

—

a signed document certifying the financial contribution(s) from external organisation(s)/sponsor(s) (co-financing), if applicable.

(a)

either by post or delivery service dated no later than 8 November 2010. The evidence of the date of dispatch shall be constituted by the postmark or the date of the deposit slip of the delivery service at the following address:

(b)

or by delivery to the central mail service of the European Commission (personal delivery or delivery by any authorised representative of the applicant, including private delivery services) at the following address:

no later than 8 November 2010 by 16.00 (Brussels time). In this case, proof of submission will be by means of a dated and signed receipt issued by the receiving official in the above mentioned department.

7.10.2010   

EN

Official Journal of the European Union

C 271/25

1.

By failing to adopt, or to notify the Authority of, all the measures necessary to fully implement into its national legislation the Act referred to at point 1 of Annex VII to the EEA Agreement (Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications) as adapted to the EEA Agreement by Protocol 1 thereto, the Republic of Iceland has failed to fulfil its obligations under Article 63(1) of the Directive and under Article 7 EEA;

2.

The Republic of Iceland bears the costs of these proceedings.

—

The application addresses the failure by Iceland to comply with a reasoned opinion issued by the EFTA Surveillance Authority on the failure to adopt, or to notify the Authority of all the measures necessary to fully implement the EEA Act corresponding to European Union Directive 2005/36/EC on the recognition of professional qualifications as amended.

—

The outstanding Icelandic measures concern the adoption of national regulations to provide for sector specific rules on the recognition of professional qualifications obtained in other EEA States.

—

The EFTA Surveillance Authority pleads that it has not received information from Iceland indicating that the Act has been fully implemented into national law, nor is it in possession of any other information which would enable it to conclude accordingly.

—

The Icelandic government has not disputed the delay in fully implementing the Act.

7.10.2010   

EN

Official Journal of the European Union

C 271/26

1.

By failing to adopt, or to notify the Authority of, the measures necessary to fully implement the Act referred to at point 1 of Annex VII to the EEA Agreement (Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as amended by Commission Regulation (EC) No 1430/2007 of 5 December 2007 amending Annexes II and III to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications and by Commission Regulation (EC) No 755/2008 of 31 July 2008 amending Annex II to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications), as adapted to the EEA Agreement by Protocol 1 thereto, within the time prescribed, the Principality of Liechtenstein has failed to fulfil its obligations under Article 63(1) of the Directive and under Article 7 EEA;

2.

The Principality of Liechtenstein bears the costs of these proceedings.

—

The application addresses the failure by Liechtenstein to comply with a reasoned opinion issued by the EFTA Surveillance Authority on the failure to adopt, or to notify the Authority of the measures necessary to fully implement the EEA Act corresponding to European Union Directive 2005/36/EC on the recognition of professional qualifications as amended.

—

The outstanding Liechtenstein measures concern the recognition of professional qualifications obtained in other EEA States regarding the crafts sector.

—

The EFTA Surveillance Authority pleads that it has not received information from the Liechtenstein government indicating that the Act has been fully implemented into national law, nor is it in possession of any other information which would enable it to conclude accordingly.

—

The Liechtenstein government has not disputed the delay in fully implementing the Act.

7.10.2010   

EN

Official Journal of the European Union

C 271/27

1.

By failing to adopt, or to notify the Authority of, the measures necessary to fully implement into its national legislation the Acts referred to at point 1 and at point 1, indent 2, of Annex VII to the EEA Agreement (Directive 2005/36/EC of the European Parliament and of the Council of 7 September 2005 on the recognition of professional qualifications, as amended by Commission Regulation (EC) No 1430/2007 of 5 December 2007 amending Annexes II and III to Directive 2005/36/EC of the European Parliament and of the Council on the recognition of professional qualifications) each as adapted to the EEA Agreement by Protocol 1 thereto, within the time prescribed, the Kingdom of Norway has failed to fulfil its obligations under Article 63(1) of the Directive and under Article 7 EEA;

2.

The Kingdom of Norway bears the costs of these proceedings.

—

The application addresses the failure by Norway to comply with a reasoned opinion issued by the EFTA Surveillance Authority on the failure to adopt, or to notify the Authority of the measures necessary to fully implement the EEA Act corresponding to European Union Directive 2005/36/EC on the recognition of professional qualifications as amended.

—

The outstanding Norwegian measures concern amendments of a number of national regulations on the recognition of professional qualifications obtained in other EEA States.

—

The EFTA Surveillance Authority pleads that it has not received information from the Norwegian government indicating that the Act has been fully implemented into national law, nor is it in possession of any other information which would enable it to conclude accordingly.

—

The Norwegian government has not disputed the delay in fully implementing the Act.

7.10.2010   

EN

Official Journal of the European Union

C 271/28