Translation of "Garantir l'exécution d'une obligation " (French → English) :

In any case, the Commission recalls that it is up to the competent national authorities, notably courts, to ensure the correct and effective application of the national transposing rules of these Directives in view of the specific circumstances of each case and to ensure the fulfilment of any employer's duties in this regard.

The four conditions are: (a) the beneficiary of a State funding mechanism for an SGEI must be formally entrusted with the provision and discharge of an SGEI, the obligations of which must be clearly defined; (b) the parameters for calculating the compensation must be established beforehand in an objective and transparent manner, to avoid it conferring an economic advantage which may favour the recipient undertaking over competing undertakings; (c) the compensation cannot exceed what is necessary to cover all or part of the costs incurred in the discharge of the SGEI, taking into account the relevant receipts and a reasonable profit for ...[+++] discharging those obligations; and (d) where the beneficiary is not chosen pursuant to a public procurement procedure, the level of compensation granted must be determined on the basis of an analysis of the costs which a typical undertaking, well run, would have incurred in discharging those obligations, taking into account the relevant receipts and a reasonable profit.

In order to guarantee the fulfilment of the obligations laid down in this Regulation, Member States' institutions responsible for the collection of the data may need access to administrative data sources such as registers held by tax and social security authorities, central banks, other public institutions, and other data bases containing information on cross-border transactions and positions, wherever such data are necessary for the production of Community statistics.

7. Points out that new management tasks and control measures - principally concerning farmers' observance of cross-compliance rules relating to environmental, phytosanitary and other obligations from 2005 - are linked to the operation of the reformed CAP; believes that there may be serious problems during the first few years of implementing the system, both for farmers and Member States; calls on the Commission to ensure that the resources derived from any penalties imposed under the cross-compliance system remain in their entirety ...[+++]with the Member States and are used to finance information programmes for the parties involved and programmes to help farmers adapt to the new requirements of the CAP, in cooperation with the Commission and in a manner which ensures simplification, effective implementation of the CAP and transparent management of resources; asks the Commission and the Member States to cooperate to decrease the administrative burden of the reformed CAP, for example by using certification schemes to verify the fulfilment of cross-compliance obligations;

In particular, the European Community also declares that the legal instruments in force do not cover fully the implementation of the obligations resulting from Article 9(3) of the Convention as they relate to administrative and judicial procedures to challenge acts and omissions by private persons and public authorities other than the institutions of the European Community as covered by Article 2(2)(d) of the Convention, and that, consequently, its Member States are responsible for the performance of these obligations at the time of approval of the Convention by the European Community and will remain so unless and until the Community, in the exercise of i ...[+++]ts powers under the EC Treaty, adopts provisions of Community law covering the implementation of those obligations.

In order to guarantee the fulfilment of the obligations laid down in this Regulation, the national institutions responsible for the collection of data within the Member States may need to gain access to administrative data sources such as business registers held by other public institutions and to other databases containing information on cross-border transactions and positions, wherever such data are necessary for the production of Community statistics.