title: 2008/215/EC: Council Decision of 18 February 2008 adopting the rules of procedure of the European Development Fund Committee

text:
               19.3.2008

               EN

               Official Journal of the European Union

               L 78/35

      COUNCIL DECISION

   of 18 February 2008
   adopting the rules of procedure of the European Development Fund Committee
   (2008/215/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1) and revised in Luxembourg on 25 June 2005 (the ACP-EC Partnership Agreement),
   Having regard to the Internal Agreement between the Representatives of the Governments of the Member States, meeting within the Council, on the Financing of Community Aid under the Multiannual Financial framework for the period 2008 to 2013 in accordance with the ACP-EC Partnership Agreement and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (2) (the Internal Agreement), and in particular Article 8(5) thereof,
   Having regard to Council Regulation (EC) No 617/2007 of 14 May 2007 on the implementation of the 10th European Development Fund under the ACP-EC Partnership Agreement (3) (the 10th EDF Implementing Regulation),
   Having regard to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (4) (the Overseas Association Decision),
   Having regard to the proposal from the Commission,
   HAS DECIDED AS FOLLOWS:
   Article 1
   The rules of procedure of the European Development Fund Committee, as set out in the Annex, are hereby adopted.
   Article 2
   Until the entry into force of the Internal Agreement the rules of procedure of the European Development Fund Committee shall apply only to the programming needs and related decision-making procedures referred to in titles II and III of the 10th EDF Implementing Regulation, and, in respect of the OCTs, in Articles 20 and 24 of the Overseas Association Decision.
   Article 3
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 18 February 2008.

            For the Council

            The President

         D. RUPEL

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  OJ L 247, 9.9.2006, p. 32.

      (3)  OJ L 152, 13.6.2007, p. 1.

      (4)  OJ L 314, 30.11.2001, p. 1. Decision as amended by Decision 2007/249/EC (OJ L 109, 26.4.2007, p. 33).

      ANNEX
      RULES OF PROCEDURE OF THE EUROPEAN DEVELOPMENT FUND COMMITTEE
      Article 1
      Composition
      The European Development Fund Committee (the Committee) shall comprise the delegations of the Member States (the delegations) and shall be chaired by a representative of the Commission.
      A representative of the European Investment Bank shall take part in the Committee's proceedings.
      A representative of the General Secretariat of the Council shall attend the meetings as an observer.
      Article 2
      Referral to the Committee
      1.   A referral shall be made to the Committee in the cases and according to the procedures laid down in the 10th EDF Implementing Regulation and, where appropriate, in the Overseas Association Decision. In respect of the responsibilities conferred upon it by the Overseas Association Decision, the Committee shall be referred to as the ‘EDF-OCTs Committee’.
      2.   In addition to the referral cases provided for in paragraph 1:

                  (a)

                  at each meeting the Commission shall submit to the Committee a list of the decisions taken in the preceding period on the basis of Article 11(2) and 12 of the 10th EDF Implementing Regulation;

                  (b)

                  the Committee shall be informed as soon as possible of delays or difficulties in the implementation of annual action programmes, special support programmes and special measures which could result in significant additional commitments or substantive changes likely to entail compulsory referral under the provisions of the 10th EDF Implementing Regulation.

            Article 3
      Convening a meeting
      1.   The Committee shall be convened by its Chairman, acting on his own initiative or at the request of a Member State.
      2.   Joint meetings of the Committee with other committees may be convened to discuss issues of common interest falling within their respective areas of responsibility.
      Article 4
      Agenda
      1.   The Chair shall draw up the draft agenda and submit it to the Committee.
      2.   The agenda shall make a distinction between:

                  (a)

                  proposed measures about which the Committee is asked to give an opinion in accordance with the management procedures provided for in Article 11(3) of the 10th EDF Implementing Regulation;

                  (b)

                  other issues put to the Committee under the terms of Articles 11(4) and (5) of the 10th EDF Implementing Regulation, either on the Chair's initiative or at the written request of a Committee Member.

            3.   Any delegation may request the inclusion of an item on the agenda of meetings of the Committee. Relevant information on these items may be given orally.
      4.   The agenda shall include approval of the minutes of the previous meeting.
      Article 5
      Documentation to be sent to Committee members
      1.   The Chairman shall send the invitation to the meeting, the draft agenda and proposed measures about which the Committee's opinion is required and any other working documents to the Committee members via the secretariat in the official languages of the Community, as a general rule no later than 15 working days before the date of the meeting.
      2.   In urgent cases, and where the measures to be adopted must be applied immediately, the Chair may, at the request of a Committee member or on his or her own initiative, shorten the period laid down in paragraph 1 to five working days before the date of the meeting.
      3.   By way of exception, in duly substantiated cases of extreme urgency (e.g. serious economic, social and political circumstances, natural disasters suffered by the recipient country, humanitarian crisis or other external circumstances of a similar nature requiring a very rapid reaction), the Chair may, at the request of a Committee Member or on his or her own initiative, depart from the periods laid down in paragraphs 1 and 2.
      4.   Paragraphs 2 and 3 do not apply to Strategy Papers and Multiannual Indicative Programmes and their adjustment as a result of the mid-term and end-of-term reviews referred to in Articles 4 and 5 of the 10th EDF Implementing Regulation.
      5.   In the case of proposals submitted to the Committee for its opinion by oral procedure, delegations should notify the secretariat of the Committee in writing at least three working days before the date of the meeting of:

                  (a)

                  those items to which they can already give their assent in principle and that they propose including as A items (with or without comments or requests for further information) on the agenda referred to in Article 4(1); and

                  (b)

                  those items that they think need discussion and that they propose entering as B items.

            Delegations formulate any comments and requests for further information in writing and within the same time-limit.
      The Commission shall provide further information and respond to any comments, wherever possible, in writing and before the meeting of the Committee.
      Article 6
      Transmission of Strategy papers to the Joint Parliamentary Assembly
      In accordance with Article 4(5) of the 10th EDF Implementing Regulation, the Committee's secretariat will transmit the Strategy Papers to the Joint Parliamentary Assembly for information at the same time as they are sent to the delegations in the Committee.
      Article 7
      Opinion of the Committee
      1.   Where a matter is put to the Committee for its opinion, it shall be discussed under the conditions and according to the procedure set out respectively in Article 11(3) of the 10th EDF Implementing Regulation and in Article 8(2) and (3) of the Internal Agreement.
      2.   When the oral procedure is used, and a substantive change is made or new factual elements are added to the draft measures during the meeting, the Chair, on his or her own initiative or at the request of a Member State, may postpone the vote on a particular agenda item until the end of the meeting or a later meeting.
      3.   If, in the situation described in paragraph 2, the Chair does not decide to postpone the vote as requested by one (or more) delegation(s), this (these) delegation(s) may enter a reservation which may be withdrawn within a maximum of three working days starting from the day following the meeting. The Committee's opinion shall be recorded as definitive upon expiry of this period. The Commission shall inform Member States of the definitive position adopted by the Member State(s) whose delegation(s) entered a reservation in the Committee.
      4.   If a delegation so requests, voting on an issue can be postponed if the documents relating to a specific agenda point have not been sent to members within the timeframe laid down in Article 5(1) and (2). In that case, the Chair may decide to extend the period of consultation, but no longer than the end of the next meeting. If necessary, the written procedure provided for in Article 11 of these rules of procedure may be applied.
      However, at the proposal of the Chair or at the request of a Committee member, the Committee may decide by a simple majority of members to keep this point on the agenda because of the urgency of the matter.
      5.   In the context of an examination of annual action programmes, any delegation may request the withdrawal of a project or programme from the annual action programme. If this request is supported by a blocking minority of delegations, as laid down in Article 9(3), in connection with Article 8(2) of the Internal Agreement, the annual action programme shall be adopted by the Commission without the project or programme concerned in accordance with the management procedures set out in Article 11(3) of the 10th EDF Implementing Regulation. Unless the Commission, in line with the views of the delegations in the Committee, wishes not to pursue the withdrawn project or programme, the project or programme shall be re-submitted to the Committee outside the annual action programme in the form of a financing proposal which shall then be adopted by the Commission in accordance with the management procedures set out in Article 11(3) of the 10th EDF Implementing Regulation.
      Article 8
      Exchange of views
      1.   In accordance with Article 11(4) of the 10th EDF Implementing Regulation, the Committee shall have an exchange of views on the general conclusions of the annual operational reviews and of the annual report referred to in Article 14(3) of the 10th EDF Implementing Regulation. Each delegation may also call for an exchange of views on the evaluations referred to in Article 15(2) of the 10th EDF Implementing Regulation.
      Each delegation can invite the Commission at any moment to provide the Committee with information and to have an exchange of views on issues related to the tasks described under Article 11(2) of the 10th EDF Implementing Regulation.
      2.   Such exchanges of views may lead to the formulation of recommendations by the delegations, which the Commission shall take into account. The minutes of the Committee shall reflect the interventions made. An intervention supported by a qualified majority of delegations, as laid down in Article 8(3), in connection with Article 8(2) of the Internal Agreement, shall be recorded as a recommendation.
      Article 9
      Representation and quorum
      1.   Each delegation is considered to be one Committee member. Each Member State shall decide the composition of its delegation and shall inform the Chair thereof.
      2.   With the Chair's approval, delegations may be accompanied by non-governmental experts, at the expense of the Member State concerned. The Chair's approval is based on the delegates giving prior written notice to the Secretariat of the Committee that they wish to be accompanied for a specific agenda item. If the Chair does not object to the participation of an expert in advance of the concerned Committee meeting, the permission is considered to be granted.
      3.   A delegation may, if necessary, represent a maximum of one other Member State. The Chair of the Committee shall be notified in writing at the latest before the start of the meeting by the delegation which is represented.
      4.   The quorum required for the deliberations of the Committee to be valid is that permitting a qualified majority opinion to be issued in accordance with Article 11(3) of the 10th EDF Implementing Regulation.
      Article 10
      Admission of third parties
      1.   The Chair may decide to hear experts on specific points, at the request of a delegation or on his own initiative.
      2.   These experts and those mentioned in Article 9(2) shall not be present or take part when the Committee moves to a vote.
      Article 11
      Written procedure
      1.   Where proposed measures are subject to a written procedure, delegations have 15 working days from the sending of the proposals to adopt a position. Any committee delegation which does not express its opposition or intention to abstain before the deadline laid down in the letter is considered to have given his tacit agreement to the proposal.
      In cases of urgency or extreme urgency, the deadlines laid down in Article 5(2) and (3) shall apply. The case of urgency or extreme urgency must be duly substantiated in writing by the Commission. In cases of extreme urgency, the agreement of delegations shall only be established if it has been expressly notified. Any absence of notifications within 48 hours will be considered as an abstention.
      2.   However, if a Committee member requests that the draft measures be considered in the course of a meeting of the Committee, the written procedure shall thereby terminate and the proposed measures shall be carried over to the next meeting of the Committee.
      3.   The Commission informs the Members of the Committee in writing on the outcome of a written procedure as soon as the decision in question is adopted.
      Article 12
      Secretarial support
      Secretarial services for the Committee shall be provided by the Commission.
      Article 13
      Minutes and summary report of the meetings
      The minutes of each meeting shall be drawn up under the auspices of the Chair and shall contain the opinions expressed on the proposed measures and the positions expressed during the meeting. The minutes shall be sent to the members of the Committee within 15 working days.
      The delegations shall send any written comments they may have on the minutes to the Chair. The Committee shall be informed of this; if there are any disagreements, the proposed amendment shall be discussed by the Committee. If the disagreement persists, the proposed amendment shall be annexed to the minutes.
      Article 14
      Attendance list
      1.   At each meeting, the Chair shall draw up an attendance list specifying the authorities or bodies to which the participants belong. The attendance list will be distributed to the participants during the course of the meeting.
      2.   At the beginning of every meeting, any delegation whose participation in the work constitutes a conflict of interest with regard to a particular point on the Agenda must inform the Chair of this situation. Members of delegations who do not belong to a particular authority or organisation of a Member State must sign a declaration stating that their participation does not raise any conflict of interest.
      In the event of such a conflict of interest, the member concerned must withdraw whilst the relevant agenda items are being dealt with, at the request of the Chair.
      Article 15
      Correspondence
      1.   Correspondence relating to the Committee shall be addressed to the Commission, for the attention of the Committee secretariat.
      2.   Correspondence addressed to delegations by the secretariat shall also be sent to the Permanent Representative of the Member State concerned in the most rapid and reliable electronic way.
      3.   Save in exceptional circumstances, correspondence between the Commission and delegations shall be sent in both directions by the computerised means provided for.
      Article 16
      Transparency
      1.   The principles and conditions concerning public access to documents which apply to the Commission shall apply to the EDF Committee. If such a request is sent to a Member State, it must act in accordance with Article 5 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (1).
      2.   The proceedings of the Committee shall be confidential for all participants.
      Article 17
      Running costs
      1.   The Committee's running costs, including travel expenses for one participant per Member State, shall be borne by the Commission.
      If the allocated financial appropriation allows it and within the limits of the latter, the Commission shall cover the travelling expenses of two delegation members who submit a request to this effect.
      2.   The Commission is authorised to refund the accommodation and travel expenses of experts invited under Article 8(1).
      3.   The Commission shall make available to the Committee the premises and material resources necessary for its work.

         (1)  OJ L 145, 31.5.2001, p. 43.


title: 2006/509/EC: Council Decision of  11 July 2006  appointing a Czech alternate member of the Committee of the Regions

text:
               22.7.2006

               EN

               Official Journal of the European Union

               L 200/5

      COUNCIL DECISION

   of 11 July 2006
   appointing a Czech alternate member of the Committee of the Regions
   (2006/509/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Czech Government,
   Whereas:

               (1)

               On 24 January 2006 the Council adopted Decision 2006/116/EC (1) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010.

               (2)

               A seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Ivan KOSATÍK,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Pavel HORÁK, Deputy President of the Olomouc Region, is hereby appointed an alternate member of the Committee of the Regions in place of Mr Ivan KOSATÍK for the remainder of his term of office, which runs until 25 January 2010.
   Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Brussels, 11 July 2006.

            For the Council

            The President

         E. HEINÄLUOMA

      (1)  OJ L 56, 25.2.2006, p. 75.


62/528/EEC: Decision of the Representatives of the Governments of the Member States, meeting within the Council, on additional measures to speed up the pace at which the objectives of the Treaty are achieved


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32003D0142

2003/142/EC: Council Decision of 18 February 2003 appointing a member of the Committee of the Regions

Official Journal L 055 , 01/03/2003 P. 0052 - 0052

Council Decisionof 18 February 2003appointing a member of the Committee of the Regions(2003/142/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the proposal from the Austrian Government,Whereas:(1) On 22 January 2002 the Council adopted Decision 2002/60/EC(1) appointing the members and alternate members of the Committee of the Regions.(2) The seat of a member of the Committee of the Regions has become vacant following the resignation of Mr Wendeling WEINGARTNER, of which the Council was notified on 28 January 2003,HAS DECIDED AS FOLLOWS:Sole ArticleMr Herwig VAN STAA is hereby appointed a member of the Committee of the Regions in place of Mr Wendeling WEINGARTNER for the remainder of his term of office, which expires on 25 January 2006.Done at Brussels, 18 February 2003.For the CouncilThe PresidentN. Christodoulakis(1) OJ L 24, 26.1.2002, p. 38.


title: Council Decision 2005/821/CFSP of 21 November 2005 amending Decision 2004/658/CFSP on the financial provisions applicable to the general budget of the European Defence Agency

text:
               24.11.2005

               EN

               Official Journal of the European Union

               L 305/43

      COUNCIL DECISION 2005/821/CFSP
   of 21 November 2005
   amending Decision 2004/658/CFSP on the financial provisions applicable to the general budget of the European Defence Agency
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Joint Action 2004/551/CFSP of 12 July 2004 on the establishment of a European Defence Agency (1), and in particular Article 18(1) thereof,
   Whereas:

               (1)

               On 13 September 2004, the Council adopted Decision 2004/658/CFSP (2) laying down the financial provisions applicable to the general budget of the European Defence Agency.

               (2)

               The Steering Board of the European Defence Agency on 23 May 2005 recommended to the Council to extend from one to two years the period within which the Steering Board should review and as necessary amend these financial provisions.

               (3)

               Decision 2004/658/CFSP should be amended accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   In Article 1 of Decision 2004/658/CFSP, the second sentence shall be replaced by the following:
   ‘The Steering Board shall review or amend as necessary these financial provisions before 31 December 2006.’
   Article 2
   This Decision shall take effect on the date of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 21 November 2005.

            For the Council

            The President

         J. STRAW

      (1)  OJ L 245, 17.7.2004, p. 17.

      (2)  OJ L 300, 25.9.2004, p. 52.


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31979D0464

79/464/EEC: Council Decision of 8 May 1979 appointing two alternate members of the Advisory Committee on Safety, Hygiene and Health Protection at Work

Official Journal L 120 , 16/05/1979 P. 0018 - 0018

****( 1 ) OJ NO L 185 , 9 . 7 . 1974 , P . 15 .    COUNCIL DECISION   OF 8 MAY 1979   APPOINTING TWO ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK  ( 79/464/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO THE COUNCIL DECISION OF 27 JUNE 1974 ON THE SETTING UP OF AN ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK ( 1 ), AND IN PARTICULAR ARTICLE 4 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 23 NOVEMBER 1978 APPOINTING THE FULL MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK FOR THE PERIOD ENDING 22 NOVEMBER 1981 ,   WHEREAS TWO SEATS FOR ALTERNATE MEMBERS OF THE ABOVEMENTIONED COMMITTEE IN THE ' GOVERNMENT REPRESENTATIVES ' CATEGORY HAVE FALLEN VACANT FOLLOWING THE RESIGNATION OF MRS ROOYAKKERS-BEEMSTER AND MR TOFT , NOTIFIED TO THE COUNCIL ON 10 AND 12 APRIL 1979 ;   HAVING REGARD TO THE CANDIDATES PROPOSED ON 10 AND 12 APRIL 1979 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR J . LIGTERINGEN AND MR HANS CHRISTIAN LAURBERG ARE HEREBY APPOINTED ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON SAFETY , HYGIENE AND HEALTH PROTECTION AT WORK IN PLACE OF MRS ROOYAKKERS-BEEMSTER AND MR TOFT FOR THE REMAINDER OF THEIR TERMS OF OFFICE , WHICH RUN UNTIL 22 NOVEMBER 1981 .   DONE AT BRUSSELS , 8 MAY 1979 .   FOR THE COUNCIL   THE PRESIDENT   P . MEHAIGNERIE


title: 2009/711/EC: Council Decision of 14 September 2009 appointing one Dutch member of the Committee of the Regions

text:
               19.9.2009

               EN

               Official Journal of the European Union

               L 247/12

      COUNCIL DECISION

   of 14 September 2009
   appointing one Dutch member of the Committee of the Regions
   (2009/711/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal of the Dutch Government,
   Whereas:

               (1)

               On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the resignation of Ms Johanna MAIJ-WEGGEN,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following is hereby appointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2010:
   Ms Karla M.H. PEIJS, Commissaris van de Koningin van de provincie Zeeland.
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 14 September 2009.

            For the Council

            The President

         C. MALMSTRÖM

      (1)  OJ L 56, 25.2.2006, p. 75.


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32003D0737

2003/737/EC: Council Decision of 22 September 2003 concerning the conclusion of an Agreement renewing the Agreement on cooperation in science and technology between the European Community and Ukraine

Official Journal L 267 , 17/10/2003 P. 0024 - 0024

Council Decisionof 22 September 2003concerning the conclusion of an Agreement renewing the Agreement on cooperation in science and technology between the European Community and Ukraine(2003/737/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular the second subparagraph of Article 170, in conjunction with the first sentence of the first subparagraph of Article 300(2), and the first subparagraph of Article 300(3) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament(1),Whereas:(1) The Agreement on cooperation in science and technology between the European Community and Ukraine was signed in Copenhagen on 4 July 2002.(2) Article 12(b) of the Agreement provides that the Agreement is to be concluded for an initial period ending on 31 December 2002 and to be renewable by common agreement between the parties for additional periods of five years.(3) By letter dated 15 October 2002, the Ministry of Foreign Affairs of Ukraine requested the renewal of the abovementioned Agreement for five more years. The Parties to the Agreement consider that rapid renewal of this Agreement would be in their mutual interest.(4) The material content of the renewed Agreement will be identical to the material content of the Agreement which recently expired.(5) The Agreement renewing the Agreement on cooperation in science and technology between the European Community and Ukraine should be approved on behalf of the Community,HAS DECIDED AS FOLLOWS:Article 1The Agreement renewing the Agreement on cooperation in science and technology between the European Community and Ukraine for an additional period of five years is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to express the consent of the Community to be bound thereby.Done at Brussels, 22 September 2003.For the CouncilThe PresidentF. Frattini(1) Opinion of the European Parliament of 1 July 2003 (not yet published in the Official Journal).


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31999D0234

1999/234/EC: Commission Decision of 17 March 1999 under the provisions of Council Regulation (EC) No 3286/94 concerning the Brazilian non-automatic import licensing system and its operation (notified under document number C(1999) 607)

Official Journal L 086 , 30/03/1999 P. 0022 - 0025

COMMISSION DECISION of 17 March 1999 under the provisions of Council Regulation (EC) No 3286/94 concerning the Brazilian non-automatic import licensing system and its operation (notified under document number C(1999) 607) (1999/234/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 3286/94 of 22 December 1994 laying down Community procedures in the field of the common commercial policy in order to ensure the exercise of the Community's rights under international trade rules, in particular those established under the auspices of the World Trade Organisation (WTO) (1), as amended by Regulation (EC) No 356/95 (2), and in particular Articles 13 and 14 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE (1) On 12 January 1998 the Commission received a complaint pursuant to Article 4 of Council Regulation (EC) No 3286/94 (herafter the 'Regulation`). The complaint was lodged by Febeltex (Fédération belge du textile - Belgian Textile Federation).(2) The complainant alleged that the Brazilian non-automatic import licensing and in particular its enforcement through the imposition of compulsory payment terms and compulsory minimum prices are inconsistent with several provisions of the Agreement establishing the World Trade Organisation (hereafter 'the WTO Agreement`) and its annexes. On that basis the complainant asked the Commission to take the necessary actions to convince Brazil to repeal these measures.(3) The complaint contained sufficient prima facie evidence to justify the initiation of a Community examination procedure pursuant to Article 8 of the Regulation. Consequently, such procedure was initiated on 27 February 1998 (3).(4) Following the initiation of the examination procedure the Commission conducted an in-depth legal and factual investigation into the Brazilian import licensing system as applied to textile products. Based on the findings of this investigation the Commission reached the conclusions which are indicated below.B. FINDINGS REGARDING THE EXISTENCE OF AN OBSTACLE TO TRADE (5) The investigation established that the Brazilian system is a licensing system within the meaning of Article 3(1) of the WTO Agreement on import licensing procedures (ILP) and should therefore comply with the rules laid down by this Agreement as well as by GATT 1994.(6) The relevant Brazilian legislation concerning the non-automatic import licensing system is composed of:- Decreto 660, of 25 September 1992 (which established the Sistema Integrado de Comércio Exterior, Siscomex),- Portaria Interministerial 291 (Ministry of the Treasury/Ministry of Industry and Trade), of 12 December 1996 (concerning the processing of import operations by means of the Siscomex),- Portaria Secex 21, of 12 December 1996 (concerning the implementation of import operations by means of the Siscomex, including price control) and- Comunicados Decex listing the goods subject to non-automatic import licensing, which have been consolidated by Comunicado Decex 37 of 17 December 1997.However, the Brazilian system is very flexible: new products can be added to the list of those for which a non-automatic import license is required by simple decision of the Ministry of Industry, Trade and Tourism.(7) The Brazilian licensing system is operated via a computerised instrument called Siscomex. The granting of import licenses for imports of textile products originating in the Community is directly linked to a set of compulsory minimum prices and compulsory payment terms. Should these date of an import declaration not be in accordance with those decided and included by the Brazilian authorities in the Siscomex, applications for import licences are not processed and the importer is asked to contact the local agency of the Foreign Trade Department of the Ministry of Industry, Trade and Tourism (Decex).(8) The Brazilian legislation introducing this system does not include any indication of the measure being implemented through the licensing procedure. The Commission services have found the existence of internal administrative rules or guidelines concerning compulsory payment terms and minimum import prices that are used in the administration of Brazil's import licensing system. Such rules are not published. As a consequence, governments and traders cannot become acquainted to them. Furthermore, there is no possibility of appeal against such unofficial regulations.(9) When Siscomex does not process import licence applications which do not comply with the requirements on payment terms and minimum prices, no formal decision is taken on the importer's application. It remains indefinitely pending.(10) The Brazilian system does not appear to serve to the implementation of any GATT compatible measure, its sole function being the application and administration of import procedures as trade policy tool in order to restrict flows of imports of textile products into Brazil. The examination also demonstrated that this system allows Brazilian authorities to decide in a discretionary and arbitrary manner on the basis of unofficial and not published grounds, the non-granting of import licences. By imposing compulsory payment terms and minimum prices as conditions for the issuance of the licence, Brazil has substantially restricted imports of certain textile products originating in the Community and has discouraged a large number of possible clients for Community producers.(11) Brazil has not yet notified part of the relevant legislation (Comunicado Decex 37, of 17 December 1997); the remaining part has been notified with a delay of more than one year, only after the initiation by the Commission of the present examination under the Regulation and in this notification some essential information was omitted (for example: the list of products subject to licensing procedures).(12) Under these circumstances the Commission considers that the complainant's allegations are well founded and that the Brazilian practices constitute an obstacle to trade within the meaning of Article 2(1) of the Regulation, as they are contrary to the following provisions:- Article X.1 and XI.1 of the GATT,- Article 1(3), 3(2), 3(5)(f) and 5 of the WTO Agreement on import licensing procedures.(13) The Commission nonetheless considers that reference to the above legal bases does not rule out recourse to any other pertinent provision of the WTO Agreement and of the Agreements annexed to it, which could be of use in procedures before the WTO.C. FINDINGS REGARDING ADVERSE TRADE EFFECTS (14) The Commission investigation highlighted the enormous potentiality of the Brazilian market for the highly competitive products exported by Community producers. In this regard, the main findings on the adverse trade effects caused by the challenged practices indicate that Brazil's non-automatic import licensing system represents a significant restriction to access the Brazilian market for several Community textile products.(15) The investigation covered products contained within Chapters 50 to 63 of the Combined Nomenclature and revealed that the effects of the Brazilian system vary from one sector of products to another. Generally speaking, notwithstanding the great potential of the Brazilian market, Community textile exports to Brazil registered no significant increase between 1996 and 1997, especially when compared to those reported on other similar South American markets.(16) In particular, the introduction of the non-automatic import licence system and the way it is implemented through the compulsory payment terms and the imposed minimum price has already caused in 1997 (and, in some cases, in 1996) a decrease of exports of certain European Union textile products, such as mattress ticking (CN codes: 5516 23 10; 5210 49 00), webbing (CN code: 5806 32 10), bedspreads (and related products) (CN codes: 6302 32 90), knitted synthethic fabrics for curtains (CN code: 6002 43 11), technical fabrics for casual wear (e.g. lyocell, elastan) (CN code: 5516 13 00) to Brazil.(17) The challenged Brazilian practices have caused an important loss of competitiveness in the Brazilian market for Community exporters of certain textile products. Such loss of competitiveness has been particularly drastic in those sectors, such as mattress ticking, curtain fabrics or webbing, that are subject to minimum import prices.(18) The introduction of the contested measures has led in many cases to a significant loss in the number and importance of Brazilian clients as well as in the number and importance of the orders received or confirmed.(19) The requirement of minimum prices has also led to a substantial reduction in the range of products that may be exported to Brazil. In other words, products whose export price is far too low, in comparison with the compulsory minimum price required, can no longer be exported because it would no longer be competitive at the higher price. Significantly enough, this consequence often takes place in relation to low price products, for which there is higher local competition. Accordingly, the Brazilian importer will turn to buy the Brazilian product, which, if it were not for the imposition of compulsory minimum prices, would be more expensive than the equivalent Community textile product.(20) A further adverse trade effect caused on Community producers/exporters of textile products is the need to change the technical specification or composition of a product. This change is required by the need to comply with the required minimum prices. A change in the technical specification of the product will in some cases be the only way to obtain a product whose price meets the required minimum one and that it is still economically viable. In this regard, the Commission services have been provided with examples where, in the case of mattress ticking, the percentage of cotton, rayon, polyester, etc. in a product had to be altered, e.g. by using a new raw material (such as rayon) or by using a new raw material which results in a different weight per square metre (such as polypropylene).(21) The use of Brazil's non-automatic import licensing system as a trade policy tool to control trade flows has resulted, in some textile sectors, in a complete alteration of the market conditions which in some cases has led to an almost closing of the Brazilian market to Community textile exporters. As an example, the minimum import price of USD 20/kg imposed by the Brazilian authorities on imports of jacquard mattress ticking under CN code 5516 23 10 is more than the double of the normal sale price of this product (i.e. to USD 8 to 11/kg). Such an increase of price has caused an important loss of competitiveness in the Brazilian market for Community exporters of this home textile product(22) Therefore, the Commission concluded that the abovementioned effects do constitute adverse trade effects within the meaning of Article 2(4) of the Regulation.D. COMMUNITY INTEREST (23) In the last couple of years, European exporters and producers have lodged three cases against Brazilian practices having restrictive effects on Community exports of different products (steel plates, textiles, and sorbitol). These measures seem to be directed at specific sensitive sectors, in a non-transparent way, and through a very flexible decisional process. For this reason, it is of major importance for the Community to tackle in a comprehensive way the Brazilian system.(24) Moreover, ensuring that WTO partners fully comply with their obligations is of the utmost importance for the Community, which has committed itself to the same obligations. It is fundamental for the good functioning of a multilateral trade system to consistently tackle all allegedly WTO incompatible practices.(25) As regards the Febeltex case, given the importance of the textile industry for the Community as a whole and the need to ensure a fair access to third country markets for Community textile products, the Community should immediately challenge the Brazilian non-automatic licensing system, pursuant to the relevant provisions of the Agreement on import licensing procedures, GATT 1994 and the WTO Dispute Settlement Understanding.E. CONCLUSIONS AND MEASURES TO BE TAKEN (26) Meetings have been held and letters have been exchanged with the relevant Brazilian authorities to discuss this matter further aimed at finding an amicable solution, but the Brazilian authorities did not forward any proposal in view of such solution.(27) In these circumstances, it appears that the interests of the Community call for initiation of WTO dispute settlement proceeding,HAS DECIDED:Article 1 1. The Brazilian non-automatic licensing system, compulsory minimum prices and compulsory payment terms appears to be inconsistent with the obligations of that country under the Marrakech Agreement establishing the World Trading Organisation and constitutes an 'obstacle to trade` within the meaning of Article 2(1) of Regulation (EC) No 3286/94.2. The Community will commence action against Brazil under the Understanding on the rules and procedures for the settlement of disputes and other relevant WTO provisions with a view to securing removal of the obstacle to trade.Article 2 This Decision shall apply from the date of its publication in the Official Journal of the European Communities.Done at Brussels, 17 March 1999.For the CommissionLeon BRITTANVice-President(1) OJ L 349, 31. 12. 1994, p. 71.(2) OJ L 41, 23. 2. 1995, p. 3.(3) Notice of initiation of an examination procedure concerning an obstacle to trade, within the meaning of Council Regulation (EC) No 3286/94, consisting of trade practices maintained by Brazil in relation to trade in textile products (OJ C 63, 27. 2. 98, p. 2).


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31980D0596

80/596/EEC: Council Decision of 28 May 1980 appointing an alternate member of the Advisory Committee on Freedom of Movement for Workers

Official Journal L 155 , 23/06/1980 P. 0022

++++COUNCIL DECISION  OF 28 MAY 1980  APPOINTING AN ALTERNATE MEMBER OF THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS   ( 80/596/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1612/68 OF 15 OCTOBER 1968 ON FREEDOM OF MOVEMENT FOR WORKERS WITHIN THE COMMUNITY ( 1 ) , AND IN PARTICULAR ARTICLE 27 THEREOF ,  HAVING REGARD TO THE COUNCIL DECISION OF 17 MARCH 1980 APPOINTING , FOR THE PERIOD ENDING ON 16 MARCH 1982 , MEMBERS AND ALTERNATE MEMBERS OF THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS ,  WHEREAS THE COUNCIL DECIDED ON THAT OCCASION TO APPOINT AT A LATER DATE ONE PERSON TO FILL AN ALTERNATE MEMBER'S SEAT ALLOCATED TO A UNITED KINGDOM NATIONAL IN THE TRADE UNION REPRESENTATIVES CATEGORY ;  HAVING REGARD TO THE NOMINATION SUBMITTED ON 7 MAY 1980 ,  HAS DECIDED AS FOLLOWS :  SOLE ARTICLE  MR A . L . SAPPER IS HEREBY APPOINTED AN ALTERNATE MAMBER OF THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS FOR THE REMAINDER OF THE COMMITTEE'S TERM OF OFFICE , WHICH RUNS UNTIL 16 MARCH 1982 .  DONE AT BRUSSELS , 28 MAY 1980 .  FOR THE COUNCIL  THE PRESIDENT  G . MARCORA  ( 1 ) OJ NO L 257 , 19 . 10 . 1968 , P . 2 .


title: 2013/696/CFSP: Political and Security Committee Decision EUTM Mali/2/2013 of 12 November 2013 on the establishment of the Committee of Contributors for the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali)

text:
               30.11.2013

               EN

               Official Journal of the European Union

               L 320/31

         POLITICAL AND SECURITY COMMITTEE DECISION EUTM MALI/2/2013
   of 12 November 2013
   on the establishment of the Committee of Contributors for the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali)
   (2013/696/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision 2013/34/CFSP of 17 January 2013 on a European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) (1), and in particular Article 8(5) thereof,
   Whereas:

               (1)

               Pursuant to Article 8(5) of Decision 2013/34/CFSP, the Council authorised the Political and Security Committee (PSC) to take relevant decisions on the setting-up of a Committee of Contributors (CoC) for the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali).

               (2)

               The European Council Conclusions of Nice of 7, 8 and 9 December 2000 and those of Brussels of 24 and 25 October 2002 laid down the arrangements for the participation of third States in crisis management operations and the setting up of a CoC.

               (3)

               The CoC should be a forum for discussing all the problems, in relation to the management of EUTM Mali, with the contributing third States. The PSC, which exercises the political control and strategic direction of EUTM Mali, should take account of the views expressed by the CoC.

               (4)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark is not participating in the adoption of this Decision and is neither bound by it nor subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   Establishment and terms of reference
   A Committee of Contributors (CoC) for the European Union military mission to contribute to the training of the Malian Armed Forces (EUTM Mali) is hereby established. Its terms of reference are laid down in the European Council Conclusions of Nice of 7, 8 and 9 December 2000 and those of Brussels of 24 and 25 October 2002.
   Article 2
   Composition
   1.   The CoC members shall be the following:

               —

               representatives of all Member States,

               —

               representatives of third States participating in EUTM Mali and providing significant contributions.

         2.   A representative of the Commission may also attend the CoC meetings.
   Article 3
   Information from the EU Mission Commander
   The CoC shall receive information from the EU Mission Commander.
   Article 4
   Chair
   The CoC shall be chaired by the High Representative of the Union for Foreign Affairs and Security Policy, or by his or her representative, in close consultation with the Chairman of the European Union Military Committee, or with his or her representative.
   Article 5
   Meetings
   1.   The CoC shall be convened by the Chair on a regular basis. Where circumstances require, emergency meetings may be convened on the Chair's initiative, or at the request of a member.
   2.   The Chair shall circulate in advance a provisional agenda and documents relating to the meeting. The Chair shall be responsible for conveying the outcome of the CoC's discussions to the PSC.
   Article 6
   Confidentiality
   1.   In accordance with Council Decision 2013/488/EU of 23 September 2013 (2), the Council's security rules shall apply to the meetings and proceedings of the CoC. In particular, representatives in the CoC shall possess adequate security clearance.
   2.   The deliberations of the CoC shall be covered by the obligation of professional secrecy, except insofar as the CoC unanimously decides otherwise.
   Article 7
   Entry into force
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 12 November 2013.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 14, 18.1.2013, p. 19.

      (2)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).


Avis juridique important

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31985D0494

85/494/EEC: Commission Decision of 28 October 1985 amending Decision 82/835/EEC on the creation of the Committee for the European Development of Science and Technology

Official Journal L 296 , 08/11/1985 P. 0054 - 0054 Spanish special edition: Chapter 16 Volume 2 P. 0024  Portuguese special edition Chapter 16 Volume 2 P. 0024

*****COMMISSION  DECISION  of 28 October 1985  amending Decision 82/835/EEC on the creation of the Committee for the European Development of Science and Technology  (85/494/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Whereas it is appropriate, inter alia in view of the enlargement of the European Communities, to ensure a better balance in the representation of the Community's scientific circles, and whereas it is opportune to amend Commission Decision 82/835/EEC (1) accordingly,  HAS DECIDED AS FOLLOWS:  Article 1  Article 3 (1) of Decision 82/835/EEC, is hereby replaced by the following:  '1. The Committee shall consist of 24 members.'  Article 2  This Decision shall apply from 1 January 1986, subject to the entry into force of the Treaty of Accession of Spain and Portugal.  Done at Brussels, 28 October 1985.  For the Commission  Karl-Heinz NARJES  Vice-President  (1) OJ No L 350, 10. 12. 1982, p. 45.


title: Administrative Commission of the European Communities on social security for migrant workers - 2005/204/EC: Decision No 199 of 13 October 2004 on model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 300 series) (Text with EEA relevance and for the EU/Switzerland Agreement)

text:
               18.3.2005

               EN

               Official Journal of the European Union

               L 73/1

      DECISION No 199
   of 13 October 2004
   on model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 300 series)
   (Text with EEA relevance and for the EU/Switzerland Agreement)
   (2005/204/EC)
   THE ADMINISTRATIVE COMMISSION ON SOCIAL SECURITY FOR MIGRANT WORKERS,
   Having regard to Article 81(a) of Regulation (EEC) No 1408/71 of the Council of 14 June 1971 on the application of social security schemes to employed persons, to self-employed persons and to members of their families moving within the Community (1), under which it is the duty of the Administrative Commission to deal with all administrative matters arising from Regulation (EEC) No 1408/71 and subsequent regulations,
   Having regard to Article 2(1) of Regulation (EEC) No 574/72 of the Council of 21 March 1972 fixing the procedure for implementing Regulation (EEC) No 1408/71 on the application of social security schemes to employed persons and their families moving within the Community (2), under which it is the duty of the Administrative Commission to draw up models of documents necessary for the application of Regulations (EEC) No 1408/71 and (EEC) No 574/72,
   Having regard to Decision No 154 of 8 February 1994 on the model forms necessary for the application of Council Regulations (EEC) No 1408/71 and (EEC) No 574/72 (E 301, E 302, E 303) (3),
   Whereas:

               (1)

               The enlargement of the European Union on 1 May 2004 requires forms E 301, E 302 and E 303 to be amended.

               (2)

               The Agreement on the European Economic Area (EEA Agreement) of 2 May 1992, supplemented by the Protocol of 17 March 1993, Annex VI, implements Regulations (EEC) No 1408/71 and (EEC) No 574/72 within the European Economic Area.

               (3)

               The European Community and its Member States, and the Swiss Confederation have concluded an Agreement on the free movement of persons (Swiss Agreement) which entered into force on 1 June 2002. Annex II to the Agreement refers to Regulations (EEC) No 1408/71 and (EEC) No 574/72.

               (4)

               For practical reasons, the forms used in the European Union and under the EEA and Swiss Agreements should be identical,

         HAS DECIDED AS FOLLOWS:

               1.

               The model forms E 301, E 302 and E 303 reproduced in Decision No 154 are replaced by the models appended hereto.

               2.

               The competent authorities of the Member States shall make available to the parties concerned (rightful claimants, institutions, employers, etc.) the forms according to the models appended hereto.

               3.

               These forms shall be available in the official languages of the Community and laid out in such manner that the different versions are perfectly superposable, thereby making it possible for all addressees (rightful claimants, institutions, employers, etc.) to receive the form printed in their own language.

               4.

               This Decision, which replaces Decision No 154, shall be published in the Official Journal of the European Union. It shall be applicable from the first day of the month following its publication.

            The Chairman

            of the Administrative Commission

         C.J. VAN DEN BERG

      (1)  OJ L 149, 5.7.1971, p. 2. Regulation last amended by Regulation (EC) No 631/2004 of the European Parliament and of the Council (OJ L 100, 6.4.2004, p. 1).

      (2)  OJ L 74, 27.3.1972, p. 1. Regulation last amended by Regulation (EC) No 631/2004 of the European Parliament and of the Council.

      (3)  OJ L 244, 19.9.1994, p. 123.


title: 2013/592/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the European Railway Agency for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/277

      DECISION OF THE EUROPEAN PARLIAMENT

   of 17 April 2013
   on discharge in respect of the implementation of the budget of the European Railway Agency for the financial year 2011
   (2013/592/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Railway Agency for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Railway Agency for the financial year 2011, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

               —

               having regard to Article 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European railway agency (Agency Regulation) (4), and in particular Article 39 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0103/2013),

               1.

               Grants the Executive Director of the European Railway Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2011;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the European Railway Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 145.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 298, 26.10.2012, p. 1.

      (4)  OJ L 164, 30.4.2004, p. 1.

      (5)  OJ L 357, 31.12.2002, p. 72.

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      of 17 April 2013
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Railway Agency for the financial year 2011
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Railway Agency for the financial year 2011,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Railway Agency for the financial year 2011, together with the Agency’s replies (1),

                  —

                  having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

                  —

                  having regard to Article 319 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

                  —

                  having regard to Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European railway agency (Agency Regulation) (4), and in particular Article 39 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

                  —

                  having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0103/2013),

                  A.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts of the European Railway Agency (‘the Agency’) for the financial year 2011 are reliable and that the underlying transactions are legal and regular,

                  B.

                  whereas on 10 May 2012, Parliament granted the Executive Director of the Agency discharge for the implementation of the Agency’s budget for the financial year 2010 (6), and in its resolution accompanying the discharge, inter alia:

                              —

                              regretted the fact that errors in budgetary forecasts resulted in the cancellation or delay of certain investments; urged the Agency to inform the discharge authority immediately of the measures implemented in order to allow for better expenditure forecasts,

                              —

                              recalled that the Agency already carried over a substantial amount of appropriations in the financial years 2008 and 2009 to the financial year 2010; considered that those serious breaches of the budgetary principle of annuality can no longer be accepted in the future and that discharge should be refused on the next occasion, in the event that there is a further breach of that budgetary principle; called on the Agency to take the measures required to remedy the situation without delay,

                              —

                              considered that the Agency did not adequately address the problem of appropriations being carried forward from one year to the next; recalled the importance of the budgetary principle of annuality; called on the Agency to inform the discharge authority about actions taken to improve the annual budget implementation and to decrease the carryovers of budget appropriations,

                              —

                              urged the Agency to create a multiannual plan translating long-term objectives into multiannual tasks and associated key performance indicators; emphasised that this would provide stakeholders with better information on the Agency’s objectives, activities, strategic priorities and resource allocation,

                              —

                              called on the Agency to implement the Internal Audit Service (IAS) recommendations related to the audit on human resources management undertaken by the IAS in 2009,

                  C.

                  whereas, according to the Agency’s 2011 Annual Accounts Report (7), the budget for the Agency for the year 2011 was EUR 25 988 665, compared to EUR 24 147 240 in 2010, which accounts for an increase of 7,62 % compared to the previous year,

         Budgetary and financial management

                  1.

                  Notes from the Agency’s Annual Activity Report (AAR) that 95 % of appropriations were committed and 81 % have been used for payments; notes in particular that:

                              —

                              under Title I ‘Staff Expenditure’, the total committed appropriations amounted to EUR 15 930 664 (100 %), of which 99 % has been used for payment execution (EUR 15 710 948) while 1 % of the appropriations were carried forward to 2012 (EUR 219 716);

                              —

                              under Title II ‘Administrative Expenditure’, the total committed appropriations amounted to EUR 2 212 548 (nearly 100 %), of which 75 % has been used for payment execution (EUR 1 649 635) while 25 % of the appropriations were carried forward to 2012 (EUR 562 913);

                              —

                              under Title III ‘Operational Expenditure’, the total committed appropriations amounted to EUR 6 495 020 (83 %), of which 47 % has been used for payment execution (EUR 3 659 761) while 36 % of the appropriations were carried forward to 2012 (EUR 2 835 259);

                  2.

                  Acknowledges that the level of payments against budget appropriations improved for all titles, but remained low for Title III with 47 % (39 % in 2010); demands that the Agency take further actions to address this deficiency as the situation is at odds with the budgetary principle of annuality and report back to the budgetary authority forthwith;

         Staff

                  3.

                  Observes from the Court of Auditors’ report that the Agency will have to replace half of its operational staff in the period 2013–15; calls on the Agency to inform the discharge authority on the actions taken to manage this difficult situation which may cause major disruptions in the Agency’s operational activities;

         Two locations

                  4.

                  Takes note that the Agency recognises that the use of two locations leads to inefficiencies and additional costs; notes, moreover, that all efforts are made by the Agency to minimise the negative impact of the decision on the Agency’s seat;

                  5.

                  Acknowledges from the AAR that the preparatory phase of the project to increase the capacity of headquarters in Valenciennes was completed; notes moreover that the improvement of the Lille premises was postponed due to the lack of resources;

         Accounting system

                  6.

                  Observes from the AAR that the Agency updated its Manual for Financial Procedures according to the use of the modules of accrual-based accounting (ABAC) workflow and ABAC assets; notes, moreover, that the ABAC assets module was implemented in 2011;

                  7.

                  Welcomes the Agency’s implementation, as of 1 September 2010, of a centralised system for the registration of incoming invoices; stresses that this measure is necessary to ensure the timely recording of all invoices and contributes to avoiding delays in processing payments;

         Carryovers

                  8.

                  Acknowledges from the Court of Auditors’ report that the appropriations carried forward to 2012 amounted to EUR 3 617 887; calls on the Agency to take further action to address this deficiency as the situation is at odds with the budgetary principle of annuality;

         Recruitment procedures

                  9.

                  Acknowledges from the Court of Auditors’ report that the Agency could improve its recruitment procedures in order to fully ensure transparency and equal treatment of candidates; calls on the Agency to inform the discharge authority of the actions taken to improve the recruitment procedures; considers that some of the provisions of the Staff Regulations may present a considerable administrative burden; encourages, therefore, the Commission to allow for a certain degree of simplification under Article 110 of the Staff Regulations in regard to the agencies;

                  10.

                  Takes note from the AAR that staff had been recruited as planned with a vacancy rate of 2,78 % at the end of the year; notes, moreover, that the total number of staff at the end of 2011 was 140 temporary agents and 14 other staff (contractual agents and seconded national experts);

         Conflicts of interest

                  11.

                  Calls on the Agency to scrutinise and prohibit possible conflicts of interest when hiring experts and staff from the sector it supervises;

         Internal audit

                  12.

                  Acknowledges from the Agency that the IAS carried out an audit ‘Expert Management in Interoperability’ in 2011 in order to provide reasonable assurance on the adequacy and effectiveness of the internal control system regarding expert management in interoperability in the Agency; notes that based on the results the IAS raised six recommendations, out of which two as ‘very important’, three as ‘important’ and one as ‘desirable’; calls on the Agency to implement the IAS recommendations and to inform the discharge authority of the actions taken;

                  13.

                  Welcomes the Agency’s initiative of setting up an Internal Audit Capability (IAC) at the end of 2007 that is dedicated to providing support and advice to its Executive Director and management on internal control, risk assessment and internal audit; notes, moreover, that the IAC activity during 2011 was aimed at providing management support as regards the annual assessment of the 16 Internal Control Standards, the revision of the risk management framework, the coordination of the 2011 risk assessment exercise, and the development of a specific policy on the management of conflicts of interest within the Agency;

                  14.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 17 April 2013 (8) on the performance, financial management and control of the agencies.

         (1)  OJ C 388, 15.12.2012, p. 145.

         (2)  OJ L 248, 16.9.2002, p. 1.

         (3)  OJ L 298, 26.10.2012, p. 1.

         (4)  OJ L 164, 30.4.2004, p. 1.

         (5)  OJ L 357, 31.12.2002, p. 72.

         (6)  OJ L 286, 17.10.2012, p. 229.

         (7)  Annual Accounts Report for 2011, p. 6.

         (8)  Texts adopted, P7_TA(2013)0134 (see page 374 of this Official Journal).


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31995D0148

95/148/EC, ECSC, Euratom: Commission Decision of 8 March 1995 amending its Rules of Procedure

Official Journal L 097 , 29/04/1995 P. 0082 - 0083

COMMISSION DECISION of 8 March 1995 amending its Rules of Procedure (95/148/EC,  Euratom, ECSC)THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Coal and Steel Community, and in particular  Article 16 thereof, Having regard to the Treaty establishing the European Community, and in particular Article 162 (2)  thereof, Having regard to the Treaty establishing the European Atomic Energy Community, and in particular  Article 131 thereof, HAS DECIDED AS FOLLOWS: Article 1 The Rules of Procedure are amended as follows: 1.  The fourth paragraph of Article 10 is replaced by the following: 'A proposal on which no Member of the Commission has made a reservation and maintained it up to the  time limit set for a written procedure shall be deemed to be agreed by the Commission. Proposals  adopted shall be recorded in a day note which shall be noted in the minutes of the next meeting.` 2.  Article 11 is replaced by the following: 'Article 11 The Commission may, provided the principle of collective responsibility is fully respected, empower  one or more of its Members to take, on its behalf and under its responsibility, clearly defined  management or administrative measures, including instruments preparatory to a decision to be taken  by the Commission collectively at a later time. The Commission may also instruct one or more of its Members, with the agreement of the President,  to adopt the definitive text of any instrument as defined in the first paragraph or of any proposal  to be presented to other institutions the substance of which has already been determined in  discussion. Decisions adopted by delegation procedure shall be recorded in a day note which shall be noted in  the minutes of the next meeting. Powers conferred in this way may be subdelegated only as expressly provided in the enabling  decision. The provisions of the first to fourth paragraphs shall be without prejudice to the rules concerning  delegation in respect of financial matters or the powers conferred on the appointing authority and  the authority empowered to conclude contracts of employment.` 3.  Article 16 is replaced by the following: 'Article 16 Instruments adopted by the Commission in the course of a meeting shall be attached, in the  authentic language or languages, in such a way that they cannot be separated, to the minutes of the  meeting at which they were adopted. They shall be authenticated by the signatures of the President  and the Secretary-General on the first page of the minutes. Instruments adopted by written procedure shall be attached, in the authentic language or languages,  in such a way that they cannot be separated, to the day note referred to in Article 10. They shall  be authenticated by the signature of the Secretary-General on the last page of the day note. Instruments adopted by delegation procedure shall be attached, in the authentic language or  languages, in such a way that they cannot be separated, to the day note referred to in Article 11.  They shall be authenticated by the signature of the Secretary-General on the last page of the day  note. For the purposes of these Rules, "instruments" means any instrument as referred to in Article 14 of  the ECSC Treaty, Article 189 of the EC Treaty or Article 161 of the Euratom Treaty. For the purposes of these Rules, "authentic language or languages" means all the official languages  of the Communities in the case of instruments of general application and, in other cases, the  languages of those to whom they are addressed.` Article 2 This Decision shall enter into force on 29 April 1995. Article 3 This Decision shall be published in the Official Journal of the European Communities. Done at Brussels, 8 March 1995. For the Commission The President Jacques SANTER


title: 2013/229/EU: Council Decision of 14 May 2013 on the launch of automated data exchange with regard to dactyloscopic data in Romania

text:
               24.5.2013

               EN

               Official Journal of the European Union

               L 138/11

         COUNCIL DECISION
   of 14 May 2013
   on the launch of automated data exchange with regard to dactyloscopic data in Romania
   (2013/229/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Decision 2008/615/JHA of 23 June 2008 on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (1), in particular Article 25 thereof,
   Having regard to Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA (2), in particular Article 20 and Chapter 4 of the Annex thereto,
   Whereas:

               (1)

               According to the Protocol on Transitional Provisions annexed to the Treaty on European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community, the legal effects of the acts of the institutions, bodies, offices and agencies of the Union adopted prior to the entry into force of the Treaty of Lisbon are preserved until those acts are repealed, annulled or amended in implementation of the Treaties.

               (2)

               Accordingly, Article 25 of Decision 2008/615/JHA is applicable and the Council must unanimously decide whether the Member States have implemented the provisions of Chapter 6 of that Decision.

               (3)

               Article 20 of Decision 2008/616/JHA provides that decisions referred to in Article 25(2) of Decision 2008/615/JHA are to be taken on the basis of an evaluation report based on a questionnaire. With respect to automated data exchange in accordance with Chapter 2 of Decision 2008/615/JHA, the evaluation report is to be based on an evaluation visit and a pilot run.

               (4)

               According to Chapter 4, point 1.1, of the Annex to Decision 2008/616/JHA, the questionnaire drawn up by the relevant Council Working Group concerns each of the automated data exchanges and has to be answered by a Member State as soon as it believes it fulfils the prerequisites for sharing data in the relevant data category.

               (5)

               Romania has completed the questionnaire on data protection and the questionnaire on dactyloscopic data exchange.

               (6)

               A successful pilot run has been carried out by Romania with Austria.

               (7)

               An evaluation visit has taken place in Romania and a report on the evaluation visit has been produced by the Austrian evaluation team and forwarded to the relevant Council Working Group.

               (8)

               An overall evaluation report, summarising the results of the questionnaire, the evaluation visit and the pilot run concerning dactyloscopic data exchange has been presented to the Council,

         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of automated searching of dactyloscopic data, Romania has fully implemented the general provisions on data protection of Chapter 6 of Decision 2008/615/JHA and is entitled to receive and supply personal data pursuant to Article 9 of that Decision as from the day of the entry into force of this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 14 May 2013.

            For the Council

            The President

         M. NOONAN

      (1)  OJ L 210, 6.8.2008, p. 1.

      (2)  OJ L 210, 6.8.2008, p. 12.


title: Council Decision 2013/186/CFSP of 22 April 2013 amending Decision 2012/739/CFSP concerning restrictive measures against Syria

text:
                  23.4.2013

                  EN

                  Official Journal of the European Union

                  L 111/101

         COUNCIL DECISION 2013/186/CFSP
         of 22 April 2013
         amending Decision 2012/739/CFSP concerning restrictive measures against Syria
         THE COUNCIL OF THE EUROPEAN UNION,
         Having regard to the Treaty on European Union, and in particular Article 29 thereof,
         Whereas:

                     (1)

                     On 29 November 2012, the Council adopted Decision 2012/739/CFSP concerning restrictive measures against Syria (1).

                     (2)

                     On 18 February 2013, the Council stated that the sanctions regime against Syria should be assessed and reviewed in order to support and help the opposition.

                     (3)

                     The Council considers it necessary to introduce derogations under certain restrictive measures with a view to helping the Syrian civilian population, in particular to meeting humanitarian concerns, restoring normal life, upholding basic services, reconstruction, and restoring normal economic activity or other civilian purposes. The Council considers that the Syrian National Coalition for Opposition and Revolutionary Forces which the EU accepts as legitimate representatives of the Syrian people should be consulted in the derogation process.

                     (4)

                     In this context, the Council has decided to amend the measures concerning the oil import ban, the export ban on key equipment and technology for key sectors of the oil and natural gas industry in Syria and the investment ban on the Syrian oil industry.

                     (5)

                     Further action by the Union is needed in order to implement certain measures.

                     (6)

                     Decision 2012/739/CFSP should be amended accordingly,

               HAS ADOPTED THIS DECISION:

            Article 1
            Council Decision 2012/739/CFSP is hereby amended as follows:

                        (1)

                        The following Articles are added:

                           "Article 6a
                           With a view to helping the Syrian civilian population, in particular to meeting humanitarian concerns, restoring normal life, upholding basic services, reconstruction, and restoring normal economic activity or other civilian purposes and by way of derogation from Article 6(1) and (2), the competent authorities of a Member State may authorise the purchase, import or transport from Syria of crude oil and petroleum products and the provision of related financing or financial assistance, including financial derivatives, as well as insurance and reinsurance, provided that the following conditions are met:

                                       (a)

                                       the Syrian National Coalition for Opposition and Revolutionary Forces has been consulted in advance by the Member State concerned;

                                       (b)

                                       the activities concerned are not directly or indirectly for the benefit of a person or entity referred to in Article 25(1); and

                                       (c)

                                       the activities concerned do not breach any of the prohibitions laid down in this Decision.

                                 The relevant Member State shall inform the other Member States of any authorisation granted under this Article."

                           "Article 9a
                           With a view to helping the Syrian civilian population, in particular to meeting humanitarian concerns, restoring normal life, upholding basic services, reconstruction, and restoring normal economic activity or other civilian purposes and by way of derogation from Article 8(1) and (2), the competent authorities of a Member State may authorise the sale, supply or transfer of key equipment and technology for the key sectors of the oil and natural gas industry in Syria referred to in Article 8(1), or to Syrian or Syrian-owned enterprises engaged in those sectors outside Syria and the provision of related technical assistance or training and other services, as well as financing or financial assistance, provided that the following conditions are met:

                                       (a)

                                       the Syrian National Coalition for Opposition and Revolutionary Forces has been consulted in advance by the Member State concerned;

                                       (b)

                                       the activities concerned are not directly or indirectly for the benefit of a person or entity referred to in Article 25(1); and

                                       (c)

                                       the activities concerned do not breach any of the prohibitions laid down in this Decision.

                                 The relevant Member State shall inform the other Member States of any authorisation granted under this Article."

                           "Article 14a
                           With a view to helping the Syrian civilian population, in particular to meeting humanitarian concerns, restoring normal life, upholding basic services, reconstruction, and restoring normal economic activity or other civilian purposes and by way of derogation from points (a), (c) and (e) of Article 13, the competent authorities of a Member State may authorise the granting of any financial loan or credit to or the acquisition or extension of a participation in enterprises in Syria that are engaged in the Syrian oil industry sectors of exploration, production or refining, or Syrian or Syrian-owned enterprises engaged in those sectors outside Syria, or the creation of any joint venture with enterprises in Syria that are engaged in the Syrian oil industry sectors of exploration, production or refining and with any subsidiary or affiliate under their control, provided that the following conditions are met:

                                       (a)

                                       the Syrian National Coalition for Opposition and Revolutionary Forces has been consulted in advance by the Member State concerned;

                                       (b)

                                       the activities concerned are not directly or indirectly for the benefit of a person or entity referred to in Article 25(1); and

                                       (c)

                                       the activities concerned do not breach any of the prohibitions laid down in this Decision.

                                 The relevant Member State shall inform the other Member States of any authorisation granted under this Article.".

                        (2)

                        Article 31 is replaced by the following:

                           "Article 31

                              1.   This Decision shall apply until 1 June 2013. It shall be kept under constant review. It shall be renewed, or amended as appropriate, if the Council deems that its objectives have not been met.

                              2.   The derogations provided for in Articles 6a, 9a and 14a shall be reviewed before the expiry of this Decision, taking into account their contribution to helping the Syrian civilian population.".

            Article 2
            This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

            Done at Luxembourg, 22 April 2013.

                  For the Council

                  The President

               C. ASHTON

            (1)  OJ L 330, 30.11.2012, p. 21.


title: 2009/453/EC: Commission Decision of 11 June 2009 terminating the anti-dumping proceeding concerning on imports of sodium metal originating in the United States of America

text:
               12.6.2009

               EN

               Official Journal of the European Union

               L 149/76

      COMMISSION DECISION

   of 11 June 2009
   terminating the anti-dumping proceeding concerning on imports of sodium metal originating in the United States of America
   (2009/453/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community, (the basic Regulation) (1) and in particular Article 9 thereof,
   After consulting the Advisory Committee,
   Whereas:
   1.   PROCEDURE

   1.1.   Initiation of the proceeding

               (1)

               On 23 July 2008, the Commission announced by a notice published in the Official Journal of the European Union
                   (2) (notice of initiation), the initiation of an anti-dumping proceeding concerning imports into the Community of sodium, in bulk, originating in the United States of America (USA), normally declared within CN code ex 2805 11 00 (the product concerned).

               (2)

               The proceeding was initiated following a complaint lodged on 10 June 2008 by the sole Community producer Métaux Spéciaux (MSSA SAS) (the complainant).

               (3)

               On 23 July 2008 the Commission initiated an anti-subsidy investigation concerning imports of the same product originating in the USA (3). This investigation has been terminated by means of Commission Decision 2009/452/EC (4).

         1.2.   Parties concerned and verification visits

               (4)

               The Commission officially advised the complainant, the sole known exporter/producer in the USA, the importers and users known to be concerned, and the representatives of the USA of the initiation of the proceeding. The interested parties were given the opportunity to make their views known in writing and to request a hearing within the time limit set in the notice of initiation.

               (5)

               The Commission sent questionnaires to all parties known to be concerned and received replies from the representatives of the USA, from the sole exporting producer in the USA (‘the cooperating exporting producer’), from the complainant and three Community users.

               (6)

               The Commission sought and verified all information it deemed necessary for the determination of dumping, resulting injury and Community interest and carried out verifications at the premises of the following companies:

                              Community producer:

                                       —

                                       Métaux Spéciaux (MSSA SAS), Saint-Marcel, France.

                              Exporting producer in the USA:

                                       —

                                       E.I. DuPont De Nemours and Company, Wilmington, Delaware.

                              Related trader in Switzerland:

                                       —

                                       DuPont De Nemours International SA, Geneva.

                              Community users:

                                       —

                                       Rohm and Haas Europe SARL, Morges, Switzerland,

                                       —

                                       Evonik Degussa GmbH, Frankfurt, Germany.

         1.3.   Investigation period and period considered

               (7)

               The investigation of dumping and injury covered the period from 1 July 2007 to 30 June 2008 (investigation period or IP). The examination of the trends relevant for the assessment of injury covered the period from 1 January 2005 to the end of the investigation period (period considered).

         2.   WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING

               (8)

               By a letter dated 1 April 2009 addressed to the Commission, the complainant formally withdrew its complaint. According to the complainant this withdrawal was prompted by changed circumstances.

               (9)

               In accordance with Article 9(1) of the basic Regulation, the proceeding may be terminated where the complaint is withdrawn unless such termination would not be in the Community interest.

               (10)

               The Commission considered that the present proceeding should be terminated since the investigation had not brought to light any consideration showing that such termination would not be in the Community interest. Interested parties were informed accordingly and were given the opportunity to comment. However, no comments were received indicating that such termination would not be in the Community interest.

               (11)

               The Commission therefore concludes that the anti-dumping proceeding concerning imports into the Community of sodium, in bulk, originating in the USA should be terminated without the imposition of anti-dumping measures,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The anti-dumping proceeding concerning imports of sodium, in bulk, falling within CN code ex 2805 11 00, originating in the United States of America, is hereby terminated.

      Done at Brussels, 11 June 2009.

            For the Commission

         Catherine ASHTON

            Member of the Commission

      (1)  OJ L 56, 6.3.1996, p. 1.

      (2)  OJ C 186, 23.7.2008, p. 32.

      (3)  OJ C 186, 23.7.2008, p. 35.

      (4)  See page 74 of this Official Journal.


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31992D0182

92/182/EEC: Council Decision of 2 March 1992 concerning the conclusion of a Cooperation Agreement between the European Economic Community and COST third States on 11 concerted action projects in the field of food science and technology (Specific research and technological development programme ' Flair' )

Official Journal L 085 , 31/03/1992 P. 0038

COUNCIL DECISION of 2 March 1992 concerning the conclusion of a Cooperation Agreement between the European Economic Community and COST third States on 11 concerted action projects in the field of food science and technology (Specific research and  technological development programme 'Flair') (92/182/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 130 q (2) thereof,  Having regard to the proposal from the Commission(1) ,  In cooperation with the European Parliament(2) ,  Having regard to the opinion of the Economic and Social Committee(3) ,  Whereas, by Decision 89/411/EEC(4) , the Council adopted a specific research and technological development programme in the field of food science and technology (1989 to 1993) (Flair); whereas Article 7 of the said Decision authorizes the Commission to  negotiate agreements with, inter alia, third countries participating in European Cooperation in the field of Scientific and Technical Research (COST) and those European countries having concluded framework agreements in scientific and technical  cooperation with the Community,  HAS DECIDED AS FOLLOWS:  Article 1  The Cooperation Agreement between the European Economic Community and COST third states on 11 concerted action projects in the field of food science and technology (specific research and technological development programme (Flair)) is hereby  approved on behalf of the European Economic Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the persons empowered to sign the Agreement in order to bind the Community.  Done at Brussels, 2 March 1992.  For the Council The President Joao PINHEIRO   (1) OJ No C 224, 29. 8. 1991, p. 5.  (2) OJ No C 326, 16. 12. 1991 and Decision of 12 February 1992 (not yet published in the Official Journal).  (3) OJ No C 40, 17. 2. 1992, p. 24.  (4) OJ No L 200, 13. 7. 1989, p. 18.


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32001D0768

2001/768/EC: Council Decision of 29 October 2001 concerning the exceptional use of interest from the European Development Fund for the financing of costs linked to the implementation of the devolution exercise in ACP States for a transitional period

Official Journal L 289 , 06/11/2001 P. 0006 - 0007

Council Decisionof 29 October 2001concerning the exceptional use of interest from the European Development Fund for the financing of costs linked to the implementation of the devolution exercise in ACP States for a transitional period(2001/768/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the Third ACP-EEC Convention,Having regard to the Fourth ACP-EC Convention, signed at Lomé on 15 December 1989, as revised by the Agreement signed at Mauritius on 4 November 1995(1),Having regard to the Internal Agreement of 19 February 1985 on financing and administration of Community aid(2), and in particular Article 9(2) thereof,Having regard to the Internal Agreement of 16 July 1990 on the financing and administration of Community aid under the Fourth ACP-EEC Convention(3), hereinafter the "7th EDF Internal Agreement", and in particular Article 9(2) thereof,Having regard to the Internal Agreement of 20 December 1995 between the Representatives of the Governments of the Member States, meeting within the Council, on the financing and administration of the Community aid under the Second Financial Protocol to the Fourth ACP-EC Convention(4), hereinafter the "8th EDF Internal Agreement", and in particular the second paragraph of Article 9(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Commission decided on 16 May 2000 to reform the management of external aid programmes as part of the global reform of the Commission.(2) The said Decision highlighted the lack of human resources at the disposal of the Commission to implement external aid.(3) The elements of reform linked to human resources include reorganising the management of the project cycle and a major devolution of decision-making closer to the field and of activities to external Delegations. The objective is to improve the efficiency of aid management and the quality of operations, as well as to accelerate the programming, identification and implementation of programmes and projects.(4) In this context it is necessary to strengthen both the human resources as well as the physical infrastructure of the Commission's external delegations.(5) In this process the costs for these personnel will be borne by using a proportion of Part BA lines of expenditure in the budget relating to the programmes outside the African, Caribbean and Pacific (ACP) regions.(6) During the period 2001-2002, thirteen of the Commission's ACP Delegations should be devolved.(7) The new Internal Agreement on the financing and administration of Community Aid under the Financial Protocol to the Partnership Agreement between the ACP States and the European Community and its Member States, signed on 14 September 2000, hereinafter referred to as "the 9th EDF Internal Agreement", and in particular Article 1(3) and Articles 4 and 9 thereof, identifies financial resources likely to reinforce the administrative capacities of the Commission's Delegations for the implementation of the operations financed from the 9th EDF.(8) Pending the entry into force of the 9th EDF, financial resources should be made available from interest accrued to the funds deposited by the EDFs and now held in the general treasury of the EDF, in accordance with the provisions of the 6th, 7th and 8th EDF Internal Agreements,HAS DECIDED AS FOLLOWS:Article 1An amount of EUR 23000000 shall be reserved from interest accumulated on deposited European Development Fund (EDF) funds and held in the general treasury of the EDF, for the financing of costs linked to the implementation of the devolution exercise in ACP States, as specified in Article 2.Article 2The resources referred to in Article 1 shall be used to finance the following types of expenditure:(a) support expenses in relation to identification, preparation, management, follow-up, accounting, audit and control of the Commission's aid operations in ACP States, in particular costs linked to the recruitment and stationing in Delegations of experts and local agents that will assist in handling these "devolved" tasks and to the provision of technical support to the "devolution" of the Commission's computerised on-line accounting system (OLAS);(b) administrative costs, provided these are directly linked to the efficient functioning of the experts and local agents recruited, including the purchase of equipment, the temporary renting of extra office space, related IT costs and others.Article 3This Decision shall enter into force on the day of its adoption.Done at Luxembourg, 29 October 2001.For the CouncilThe PresidentL. Michel(1) OJ L 156, 29.5.1998, p. 3.(2) OJ L 86, 31.3.1986, p. 210.(3) OJ L 229, 17.8.1991, p. 288.(4) OJ L 156, 29.5.1998, p. 108.