of the Directive. 7. The Isle of Man has legislation relating to undertakings for collective investment that is deemed to be equivalent in its effect to the EC legislation referred to in Articles 2 and 6 of the Directive. The Isle of Man and the United Kingdom of Great Britain and Northern Ireland hereinafter referred to as a “contracting party” or the “contracting parties” unless the context otherwise requires, Have agreed to conclude the following agreement which contains obligations on the part of the contracting parties only and provides for:
of the Directive. TCS agrees that with respect to Nielsen Personal Data TCS is obligated to comply with applicable legislation implementing Article 17 of the Directive, including the following obligations:
of the Directive. In such a case, the Member State concerned cannot have recourse to fresh scientific evaluations of the product. Nor, in my view, can it repeat tests already carried out by the reference Member State or, in this connection, carry out a fresh examination of the essential similarity of the product to the reference product. Such conduct would, by its very nature, run counter to the principle of mutual recognition. It would, furthermore, render nugatory the consultation and arbitration procedure established by the Community legislature which seeks to ensure that scientific evaluation of areas of disagreement should be performed at Community level.
of the Directive. Mutual assistance - general principles Given the recurrent occurrence of social dumping and unfair competition in the road haulage sector, there is an urgent need to implement the "IMI" system in the sector. For this purpose, transposition should specify a time limit of two working days for urgent information demanded by a Member State or the European Commission. For all other non-urgent information for which a 25-day time limit is foreseen, appropriate steps should be taken to reduce this.
of the Directive penalties Member States shall lay down rules on penalties applicable in the event of infringements of national provisions adopted pursuant to this Directive and shall take all the necessary measures to ensure that they are implemented and complied with. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by 18 June 2016. They shall notify without delay any subsequent amendments to them. Given the recurrent occurrence of social dumping and unfair competition in the road haulage sector, there is a need not just to impose all the penalties applicable in the event of infringements of the national provisions but also to put a special focus on the following legal provisions: "Belgian social security criminal code (Code pénal social): Art.234. Incorrect or incomplete social security declarations
of the Directive. 27 If there are grounds for dissolution and the non-defaulting party allows the one-month time limit laid down by law to expire without formalising the dissolution, the right thereto will expire, there always being the possibility of terminating the contract by notice, subject to compliance with the prior notice period. On the other hand, where the reasons for the dissolution are not set out in writing, the termination will take the form of termination by notice and in the event of it not being communicated with the agreed prior notice, the reparation of the damages arising from any such failure will be required. T9eFromrmins aOtifoCnontract As has already been mentioned herein in connection with the parties’ obligations, Portuguese law establishes the general principle of both parties to the agency con- tract being required to act in good faith, with a view to fully accomplishing the con- tractual goal. This principle of good faith and loyalty may be a precious aid in imple- xxxxxxx the concept of just cause, but in order to acquire the right to dissolution, the injured party must allege and prove that: (a) the wrongful conduct of the other party is so serious and contrary to good faith that the continuation of the contractu- al relationship is not justified; (b) it became aware of the facts constituting “just cause” less than one month earlier. The other reason for dissolution is set out in article 30 (b) of the Agency Law and reflects what is customarily covered by the institution of supervening change in the circumstances on which the parties based their decision to contract. In this case, ei- ther party may resort to dissolution, irrespective of the contract being properly per- formed, in the event of any circumstance making it impossible to accomplish or se- riously endangering the contractual goal. Here too, it is decisive for it not to be re- quired that the term be continued until it expires (in the case of fixed-term contracts) or imposed in the case of termination by notice (as regards periods of prior notice). In practical terms, the difference between this possibility and the one first men- tioned, in the case of a failure to comply, is that resorting to dissolution on the grounds of exceptional circumstances, may not release the contracting party having decided to terminate the contract from doing so reasonably in advance. The only thing is that this period in advance will obviously always be far shorter than that re- quired for prior notice ...
of the Directive. 4. If amendments to the Directive remove the prerequisites for entering into this agreement, the parties shall initiate negotiations on this. Agreement on implementing the EU Part-time Work Directive (Council Directive of 15 December 1997 on part-time work) With reference to the general agreement between the umbrella organisations on procedures for implementing EC Directives of 1 July 1996, the following supplementary agreement has been entered into to implement the Council Directive on part-time work (the EU Part-time Work Directive).
