title: 2004/518/EC:Council Decision of 14 June 2004 on the principles, priorities, and conditions contained in the European Partnership with the former Yugoslav Republic of Macedonia

text:
               23.6.2004

               EN

               Official Journal of the European Union

               L 222/20

      COUNCIL DECISION

   of 14 June 2004
   on the principles, priorities, and conditions contained in the European Partnership with the former Yugoslav Republic of Macedonia
   (2004/518/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 533/2004 of 22 March 2004 on the establishment of European partnerships in the framework of the stabilisation and association process (1) and in particular to Article 2 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Thessaloniki European Council of 19 and 20 June 2003 endorsed the ‘Thessaloniki Agenda for the western Balkans: moving towards European integration’ where the drawing-up of European partnerships is mentioned as one of the means to intensify the stabilisation and association process.

               (2)

               Regulation (EC) No 533/2004 sets out that the Council is to decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities and conditions to be contained in the European Partnerships, as well as any subsequent adjustments. It also states that the follow-up of the implementation of the European partnerships will be ensured through the mechanisms established under the stabilisation and association process, notably the Annual Reports.

               (3)

               The 2004 Commission's Annual Report presents an analysis of the former Yugoslav Republic of Macedonia's preparations for further integration into the European Union and identifies a number of priority areas for further work.

               (4)

               In order to prepare for further integration into the European Union, the former Yugoslav Republic of Macedonia should develop a plan with a timetable and details in terms of measures the former Yugoslav Republic of Macedonia intends to take to this end,

         HAS DECIDED AS FOLLOWS:
   Article 1
   In accordance with Article 1 of Regulation (EC) No 533/2004, the principles, priorities and conditions in the European Partnership with the former Yugoslav Republic of Macedonia are set out in the Annex hereto, which forms an integral part of this Decision.
   Article 2
   The implementation of the European Partnership shall be examined through the mechanisms established under the stabilisation and association process.
   Article 3
   This Decision shall take effect on the third day following its publication in the Official Journal of the European Union.

      Done at Luxembourg, 14 June 2004.

            For the Council

            The President

         B. COWEN

      (1)  OJ L 86, 24.3.2004, p. 1.

      ANNEX
      1.   INTRODUCTION
      The Thessaloniki Agenda identifies ways and means of intensifying the stabilisation and association process, inter alia, through the introduction of European partnerships.
      Based on the Commission's Annual Report, the purpose of the European Partnership with the former Yugoslav Republic of Macedonia is to identify priorities for action in order to support efforts to move closer to the European Union within a coherent framework. The priorities are adapted to the former Yugoslav Republic of Macedonia's specific needs and stage of preparation and will be updated as necessary. The European Partnership also provides guidance for financial assistance to the former Yugoslav Republic of Macedonia.
      It is expected that the former Yugoslav Republic of Macedonia will adopt a plan including a timetable and details in terms of how they intend to address the European Partnership priorities. The plan should also indicate ways to pursue the Thessaloniki Agenda, the priorities on fighting organised crime and corruption identified at the 2002 London Conference and at the Ministerial meeting held in Brussels on 28 November 2003 in the framework of the EU western Balkans Forum and the measures presented by each of the western Balkan countries at the meeting of 5 November 2003 in Belgrade as a follow-up to the Ohrid Conference on integrated border management.
      2.   PRINCIPLES
      The stabilisation and association process remains the framework for the European course of the Western Balkan countries, all the way to their future accession.
      The main priorities identified for the former Yugoslav Republic of Macedonia relate to its capacity to meet the criteria set by the Copenhagen Council of 1993 and the conditions set for the stabilisation and association process, notably the conditions defined by the Council in its conclusions of 29 April 1997 and 21 and 22 June 1999, the content of the final declaration of the Zagreb Summit of 24 November 2000 and the Thessaloniki Agenda.
      3.   PRIORITIES
      The Commission's Annual Report assesses progress made and notes areas where the country needs to increase its efforts. The priorities listed in this European Partnership have been selected on the basis that it is realistic to expect that the former Yugoslav Republic of Macedonia can complete them or take them substantially forward over the next years. A distinction is made between short term priorities, which are expected to be accomplished within one to two years, and medium term priorities, which are expected to be accomplished within three to four years.
      The European Partnership indicates the main priority areas for the former Yugoslav Republic of Macedonia's preparations for further integration into the European Union, based on the analysis in the 2004 Annual Report. It should be recalled that where legislation is concerned, incorporation of the EU acquis into legislation is not in itself sufficient; it will also be necessary to prepare for its full implementation.
      3.1.   SHORT TERM
      Political situation

         Democracy and rule of law

      Ensure the functioning of State institutions in all the territory.
      Implement the Ohrid Framework Agreement— Implement the legislation already adopted to implement the Framework Agreement (FA). Adopt remaining legislation required by the FA, in particular adopt and implement the Laws on the Territorial Organisation, Municipal Finance and the City of Skopje. Achieve rapid progress in the implementation of the decentralisation process to allow proper local elections as scheduled, in particular strengthening the municipalities’ capacity in financial management and management of transferred competences and assets through training, consultancy and provision of equipment. In parallel, strengthen administrative capacities to supervise and facilitate the decentralisation process, including at central level, in particular of the Ministry of Local Self-Government and of the Ministry of Finance in relation to fiscal decentralisation as well as the line ministries in their own areas of competence. Ensure that appropriate budgetary resources are allocated in order to ensure a smooth transfer of competencies. Adopt a medium term strategic plan for equitable representation of minorities, including adequate budgetary means, and ensure speedy implementation. Take further measures to ensure the implementation of the FA provisions on the use of language and on community symbols. Improve the monitoring and evaluation capacity of the central government. Enhance efforts to revitalise former crisis areas.
      Improve the functioning of the public administration— Implement fully the Law on Civil Servants. Further develop the Agency for Civil Servants. Develop appropriate strategic planning and related allocation of resources in all Ministries and at Governmental level. Implement the Strategic Development Plan of the General Secretariat. Complete ongoing functional analyses in all public bodies and take measures to implement their recommendations, taking into account the decentralisation process. Improve administrative transparency and adopt a law on public access to information. Reform the administrative procedures and administrative disputes laws in order to strengthen the enforcement of citizens' rights. Implement fully the 2003 Law on the Ombudsman and complete the reform of the Ombudsman's office. Ensure that the Ombudsman's recommendations are followed up. Encourage the development of civil society including social partners' organisations and their active participation in the decision making processes.
      Strengthen the judicial system— Prepare a comprehensive reform of the Judiciary. Review the current system of selection, appointment and promotion of judges and prosecutors with a view to ensuring political independence, irremovability of judges and career development based upon merit. Prepare necessary constitutional and legislative amendments to guarantee the independence of the body in charge of their selection and career development. Simplify court procedures. Improve the enforcement of the courts' decisions. Introduce alternative dispute resolution mechanisms including arbitration and mediation in criminal matters. Ensure the appropriate enforcement of property rights and court rulings in the area of civil law. Strengthen the institutional capacity to train judges and prosecutors and prepare the setting up of a national school for magistrates. Provide for adequate initial and vocational training schemes.
      Improve the fight against corruption— Implement the strategy for the fight against corruption. Increase institutional capacity to investigate and prosecute corruption. Improve coordination and ensure cooperation between the law enforcement agencies and the State Commission on the Prevention of Corruption. Improve exchange of intelligence on corruption related cases between the services in charge of identifying, investigating and prosecuting established cases. Strengthen and implement the rules applying to officials' declaration of assets, conflict of interest, transparency in public procurement and internal and external control of the administration. Adopt appropriate legislation on financing of political parties.
      Human rights and the protection of minorities
      Improve the respect of human rights by law enforcement bodies— Ensure full compliance with the European Convention on Human Rights, the Convention for the Prevention of Torture and Inhuman and Degrading Treatment or Punishment and other relevant international conventions. Implement the Code of Ethics and ensure that irregularities are prosecuted. Deal with previous mistreatment cases through appropriate prosecutions. Upgrade internal controls and enforcement of professional standards in all law enforcement agencies and judiciary and prison administrations. Respect pre-trial detention rules. Promote police, judges, prosecutors and other law enforcement bodies awareness of their obligations in terms of human rights, and ensure that they implement them in accordance with international requirements.
      Promote freedom of expression and media— Review the legal framework for broadcasting to prevent political interference. Take concrete steps to ensure the independence of media regulatory bodies. Review the legislation on defamation to reflect European standards and the jurisprudence of the European Court of Human Rights.
      Ensure respect of minority rights— Ensure that the process of establishing a third State university in Tetovo is completed in a way that creates synergy with the South East European University and provides for academic standards in line with the Bologna declaration.
      Regional cooperation and international cooperation
      Promote regional cooperation— Comply with the stabilisation and association process requirements and Thessaloniki commitments in terms of regional cooperation. Ensure implementation of all regional free trade agreements. Pursue the conclusion of agreements with neighbouring countries, including on cross border cooperation as regards the fight against organised crime, trafficking and smuggling, judicial cooperation, border management, environment and energy, and ensure their effective implementation.
      Ensure proper implementation of the Stabilisation and Association Agreement (SAA) in the field of regional cooperation— Conclude negotiations with Croatia on the bilateral convention on regional cooperation.
      Adopt an appropriate legal framework on cooperation with the International Criminal Tribunal for the former Yugoslavia.
      Implement international agreements concluded by the former Yugoslav Republic of Macedonia— Guarantee the respect of commitments undertaken by the former Yugoslav Republic of Macedonia in the framework of its relations with the EU.
      Economic situation

         Free market economy and structural reforms

      Sustain macroeconomic stability— Maintain a stable macroeconomic framework in the context of the International Monetary Fund programme. Conclude an agreement on a follow-up programme.
      Pursue economic reforms— Introduce comprehensive market oriented reforms aimed at reducing the role of the State in the economy, and establish a level playing field for all economic actors allowing them to operate in a stable and predictable environment. Clarify and enforce property rights, including in the context of privatisation.
      Improve the business environment— Adopt and implement an improved legal framework on company law. Upgrade the efficiency of the administrative and judicial system and streamline the efficiency of bankruptcy procedures. Develop a programme to simplify and reduce licensing procedures and improve the transparency of all administrative procedures impacting on enterprises.
      Employment policy— Develop and implement a comprehensive strategy to promote employment and reduce unemployment, in particular with regard to vocational training and labour market reforms, involving all relevant actors in all ethnic communities. Respect core labour standards and ensure their effective enforcement (including freedom of association and right to collective bargaining, non-discrimination in employment and occupation).

         Management of public finances

      Improve public finance management— Implement fiscal decentralisation. Implement the wage decompression of civil service salary structure. Strengthen internal control and audit capacity in the Ministry of Finance and broaden controls applied to the public administration as a whole. Review the Law on State Audit to align it to EU standards and strengthen the State Audit Office as an independent State institution with an independent budget. Exert greater control and supervision of expenditure of extra-budgetary funds. Establish an effective Treasury Bill and Bond market.
      EU Standards

         Internal Market and Trade

      Implement properly the Protocol on the adaptation of the SAA to take account of EU enlargement
      Movement of goods— Make further progress on adopting European technical norms and standards. Implement the 2002 legislation on standards certification, metrology and conformity assessment, including the adoption of secondary legislation and the strengthening of administrative capacity to ensure enforcement. Progress with regard to the utilisation of the Combined Nomenclature.
      Financial services— Improve prudential regulatory framework and supervision of this sector.
      Personal data protection— Amend the legislation on protection of personal data in line with EU standards and set up an independent authority charged with the supervision of its implementation.
      Customs— Achieve significant results in the fight against fraud, smuggling and trafficking. Further strengthen the customs administration and ensure its proper functioning in order to reach EU standards. Carry forward the reform process and ensure the proper implementation of the Strategic Plan 2004 to 2008. In particular, ensure the proper operation of the new Professional Standards Unit and prosecute corruption cases within the customs Service. Strengthen administrative cooperation in the customs sector. Strengthen the services involved in the implementation of trade agreements and in particular with regard to the control of preferential rules of origin.
      Taxation— Start reviewing the present tax legislation and the administrative procedures in order to ensure effective and non-discriminatory enforcement of tax legislation. Eliminate the present different excise duty rates for tobacco products based on the origin of the goods (domestic or imported). Proceed with the ongoing reform of the tax administration, and in particular strengthen its capacity at local level for collection and control of the tax due. Address the problem of the increasing level of VAT refund arrears. Commit to the principles of the Code of Conduct for business taxation and ensure that new tax measures are in conformity with these principles.
      Competition and State aid— Adopt legislation against the restriction of competition. Entrust the competition authority with efficient means to directly enforce the law and impose sanctions. Promote transparency and basic enforcement of State aid principles. Promote competition policy by fostering liberalisation, improving public procurement practices, ensuring a pro-competitive approach to privatisation. Adopt secondary legislation on state aid and strengthen the administrative capacity to implement the legal framework.
      Public procurement— Improve the current legal framework on public procurement in line with the EU acquis and set up an Agency for Public Procurement able to ensure the implementation of the legal framework.
      Intellectual, industrial and commercial property rights— Adopt secondary legislation relating to the Law on Industrial Property and implement the law. Continue improvement of legislation copyright and related rights.

         Sectoral policies

      Industry and SMEs— Adopt the restructuring and conversion programme for the steel industry in line with the competition related EU acquis to create efficient and competitive firms. Implement the principles of the European Charter for Small Enterprises and implement targets set for 2004. Improve access of small and medium-sized enterprises to financial and non-financial services. Continue preparation of a national guarantee fund.
      Energy— Develop the newly-established Energy Regulatory Commission in order to meet EU guidelines and avoid a monopolistic situation emerging in the energy sector. Amend the Energy Law establishing the transmission system operator and addressing the public service obligations. Pursue reforms (privatisation) in the electricity sector.
      Telecommunication— Ensure that the electronic communications sector is liberalised effectively including the strengthening of regulatory bodies and the adoption of suitable laws and policies for the sector.
      Environment— Adopt laws on environment, waste management, water management, protection of natural resources and air quality in line with EU standards. Develop a national strategy for sustainable development, in line with the acquis, including a comprehensive plan for the implementation of the recommendations set out in the conclusions of the United Nations World Summit on Sustainable Development in Johannesburg 2002.

         Cooperation in justice and home affairs

      Border management— As a follow up to the Ohrid regional Conference on border security and management in May 2003, implement the short term measures which were adopted by the Government and presented at the meeting of JHA ministers within the framework of the EU-Western Balkans Forum on 28 November 2003. Implement the Integrated Border Management Strategy adopted in December 2003 in cooperation between the agencies concerned. Strengthen the coordination between the Ministry of Interior and the Ministry of Defence to facilitate the transfer of competences on border control to the border police, and ensure the institutional development of border police service.
      Migration and asylum policies— Implement the 2003 Law on Asylum. Establish an independent and transparent appeal and review panel for asylum seekers. Adopt appropriate by-laws for the implementation and development of reception policies and facilities. Revise the migration legislation, in particular review the legislation related to legal and illegal immigration and trafficking in human beings. Establish a common strategy to fight illegal immigration and the trafficking of human beings, integrating the regional dimension. Adopt a new Law on Foreigners.
      Police— Ensure that the police services, in particular the special police forces, behave according to international standards and practices. Clarify the respective roles of the Ministry of Interior and the Ministry of Defence in crisis management situations in line with EU practices. Adopt and implement an Action Plan for the reform of the police, taking into consideration equitable representation at all levels, and plan the necessary resources for its implementation. Take urgent measures to reform human resources management. Improve cooperation with the Judiciary. Enhance training capacities and ensure the proper functioning of the Police Academy, including the proper allocation of budgetary resources. Reduce corruption and irregular behaviour within police ranks. Promote cooperation with Interpol and other international law enforcement organisation, in particular through improved consultation of their databases.
      Organised crime, trafficking, drugs, money laundering and terrorism— Implement the action oriented measures that have been adopted by the Government and presented at the EU-western Balkans JHA ministerial meeting of 28 November 2003. Complete the ratification of the 2002 UN Convention on Organised Crime and its related protocols on small arms, trafficking in human beings and smuggling of migrants, and ensure implementation. Enhance coordination between law-enforcement bodies involved in fighting organised crime. Enhance intelligence and risk analysis and set up a central criminal intelligence unit, working in cooperation with all law enforcement agencies. Adopt the legislative changes needed to allow for the use of special investigative means. Develop witness protection programmes. Increase capacity to fight against drug trafficking. Develop a national drugs strategy in line with the EU Drugs Strategy and Action Plan on Drugs. Clarify the respective roles of the Directorate against Money Laundering (DML) and of the Financial Police and upgrade the DML to the level of a financial intelligence unit in line with EU standards. Take the necessary steps to prepare for the conclusion of an agreement with Europol. Increase international cooperation and implement relevant international conventions on terrorism. Improve cooperation and exchange of information between police and intelligence services within the State and with other States. Prevent the financing and preparation of acts of terrorism.
      3.2.   MEDIUM TERM
      Political situation

         Democracy and the rule of law

      Implement the FA— Implement the strategic plan for equitable representation of minorities. Ensure the proper functioning of the decentralised levels of government. Sustain efforts in revitalising former crisis areas.
      Further improve the functioning of the administration— Further promote independence of the administration, transparency in recruitment procedures and career development based on merit, professionalism and equitable representation of all communities. Pursue the reform of the public administration, in particular in view of the outcome of the ‘functional’ analysis. Further develop the capacity of Ministries to perform a range of common functions needed to support the coordinating role for the General Secretariat and other central agencies (policy development, strategic planning, financial management, personnel management, information technology). Ensure that the sectors in the administration responsible for the implementation of the SAA provisions are duly equipped to carry out their duties. Further encourage the development of civil society including social partners organisations and their participation in the decision making process.
      Further strengthen the judicial system— Implement a comprehensive reform of the judicial system, including the necessary changes in the Constitution and in the legal framework, and strengthen the overall capacity of the judicial system. Ensure the effective functioning of the National School for Magistrates. Enhance training on EU legislation, cross border cooperation in criminal matters and practices. Decrease the backlog of cases in all courts. Ensure provision of appropriate equipment and well trained and specialised administrative staff with the appropriate status. Ensure sufficient budgetary resources to guarantee access to justice and legal aid. Increase salaries.
      Further improve the fight against corruption and organised crime— Achieve significant, tangible results in the fight against corruption, at all levels, through adequate legislation and the proper implementation of the national programme against corruption. Facilitate the placement of liaison officers, seconded by EU Member States in the relevant State bodies involved in the fight against organised crime. Provide six-monthly reports to the EU on tangible results achieved in the judicial pursuit of organised crime related activities under the terms of the United Nations Convention on transnational organised crime, known as the Palermo Convention.

         Human rights and the protection of minorities

      Ensure the respect of human rights by law enforcement bodies— Ensure that the police, judges, prosecutors and other law enforcement bodies are fully aware of their obligations and that they are implemented. Ensure that human dignity is respected in detention centres and prisons.
      Further promote freedom of expression and media— Ensure that the laws in the media sector are in line with the EU standards and are properly implemented.
      Further promote the principle of non-discrimination and equal representation— Foster employment opportunities for all ethnic communities and facilitate access to education. Promote higher education for minorities and ensure that higher education in Albanian respects EU standards as defined in the Bologna declaration.

         Regional and International Cooperation

      Further promote regional cooperation— Maintain a constructive and balanced regional policy which promotes dialogue, stability, good neighbourhood and cooperation. Implement the Memorandum of Understanding of the South East Europe (SEE) Core Regional Transport Network. Implement the commitments undertaken in the framework of the 2003 Athens Memorandum of Understanding on the Regional Energy Market in SEE, and prepare for the establishment of the Integrated Regional Energy Market.
      Implement international agreements concluded by the former Yugoslav Republic of Macedonia— Fully implement international agreements and conventions ratified by the former Yugoslav Republic of Macedonia, in particular conventions in the fields of justice and home affairs, human and minority rights and trade.
      Economic situation

         Free Market Economy and Structural Reforms

      Ensure sustainability of economic reforms
      Further improve the business environment— Ensure effective implementation of main international and EU standards on company law, accounting and auditing. Further upgrade the efficiency of the administrative and judicial system, fully implement the programme to simplify and reduce licensing procedures and further improve the transparency of all administrative procedures impacting on enterprises. Ensure the enforcement of creditors' rights within a transparent legal framework and through reforming the cadastre. Promote the implementation of a code on corporate governance.
      Employment and social policy— Develop a social policy to promote social cohesion, effective social protection systems, improve social standards and address poverty and social exclusion. Further develop an employment policy, involving all relevant actors.

         Management of public finances

      Further improve public finances and their management— Enhance public internal and external financial control. Remove the main obstacles for the development of the second pillar of the pension system, in particular the financing of the transition from a solidarity system to a mandatory accumulation system.
      Fraud— Establish effective procedures for the detection, treatment and follow-up of cases of (suspected) fraud and other irregularities affecting national and international funds.
      EU standards

         Internal market and trade

      Movement of goods— Reinforce the Government's capacity to implement the SAA, in particular through developing internal expertise to assess whether draft legislation is in line with the EU acquis.
      Financial services— Ensure effective implementation of independent and well trained supervisory authorities in accordance with internationally recognised standards.
      Personal data protection— Continue institutional strengthening of the data protection authority in line with EU standards and practices.
      Customs— Further strengthen the customs administration and ensure its proper functioning in order to reach EU standards. Implement the Strategic Plan 2004 to 2008.
      Taxation— Continue strengthening the tax administration, in particular tax collection and control, and ensure its proper functioning in order to reach EU standards. Develop an audit strategy and adequate IT systems.
      Competition and State aid— Implement the legislation against the restriction of competition. Further strengthen the competition authority by giving the power to enforce the law and pronounce sanctions. Further promote transparency in State aid.
      Public procurement— Achieve fully operational public procurement structures which ensure the conduct of public procurement procedures in full accordance with the law and SAA principles.
      Intellectual property rights— Ensure the implementation of the legislation on intellectual and industrial property.

         Sectoral Policies

      Industry and SMEs— Implement the restructuring and conversion programme for the steel industry. Complete the implementation of the strategy for the implementation of the European Charter for Small Enterprises. Promote SMEs' access to credit facilities. Further develop experience of non-financial SME support mechanisms (i.e. clusters and technology parks). Implement the FIAS action plan on reduction of barriers to investment.
      Telecommunication— Transpose and implement the new EU framework for electronic communications.
      Agriculture— Adopt and implement structural reforms in the field of agriculture. Adopt and implement comprehensive reform including border and internal inspection services and practices regarding plant and animal health, policy analysis, sector information systems and statistics and coordination functions for existing public- and private-sector institutions and services.
      Environment— Further approximate legislation with EU standards. Implement the legislation adopted. Improve environmental monitoring and further build administrative capacity. Integrate environmental concerns in various policies, in particular through developing environmental impact assessments in line with EU standards.

         Cooperation in Justice and Home Affairs

      Border management— Complete the implementation of the Integrated Border Management Strategy in cooperation between the competent agencies.
      Migration and Asylum policies— Strengthen the development of national asylum structures in line with international and European standards to enable them to provide appropriate protection and assistance to asylum seekers and refugees. Implement the strategy to fight illegal immigration and trafficking of human beings.
      Police— Complete the implementation of the reform of the police. Enhance training to fight new forms of criminality, including computer and trans-border crime. Further improve police information systems.
      Organised crime, trafficking, drugs, and money laundering— Achieve significant results in the fight against organised criminality. Ensure the implementation of the UN instruments against organised crime. Further improve the State's capacity to prevent and combat crime, through coordination between law enforcement agencies and with the judiciary, increased analytical capacity to deal with criminal intelligence and further training in new forms of criminality. Decrease the number of illicit small arms and light weapons. Ensure the full operation of the financial intelligence unit in line with EU standards. Implement the national drugs strategy. Reinforce the fight against economic and financial crime (including money-laundering and counterfeiting of currencies) and fraud as well as improve the related national legislation.
      4.   PROGRAMMING
      Community assistance under the stabilisation and association process to the western Balkan countries will be provided by the relevant financial instruments, and in particular by Council Regulation (EC) No 2666/2000 of 5 December 2000 on assistance for Albania, Bosnia and Herzegovina, Croatia, the Federal Republic of Yugoslavia and the former Yugoslav Republic of Macedonia (1); accordingly, this Decision will have no financial implications. In addition the former Yugoslav Republic of Macedonia will have access to funding from multi-country and horizontal programmes. The Commission is working with the European Investment Bank and the International Financial Institutions, in particular the European Bank for Reconstruction and Development and the World Bank, with a view to facilitate the co-financing of projects relating to the stabilisation and association process.
      5.   CONDITIONALITY
      Community assistance under the Stabilisation and Association process to the western Balkan countries is conditional on further progress in satisfying the Copenhagen political criteria. Failure to respect these general conditions could lead the Council to take appropriate measures on the basis of Article 5 of Regulation (EC) No 2666/2000.
      Community assistance shall also be subject to the conditions defined by the Council in its Conclusions of 29 April 1997, in particular as regards the recipient's undertaking to carry out democratic, economic and institutional reforms, taking into account the priorities set out in this European Partnership.
      6.   MONITORING
      The follow-up of the European Partnership is ensured through the framework of the mechanisms established under the stabilisation and association process, notably the Annual Report on the stabilisation and association process.

         (1)  OJ L 306, 7.12.2000, p. 1. Regulation as amended by Regulation (EC) No 2415/2001 (OJ L 327, 12.12.2001, p. 3).


Avis juridique important

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32004D0576

2004/576/EC: Council Decision of 29 April 2004 concerning the conclusion of the Agreement on Scientific and Technical Cooperation between the European Community and the State of Israel

Official Journal L 261 , 06/08/2004 P. 0047 - 0047

 Council Decision  of  29 April 2004  concerning the conclusion of the Agreement on Scientific and Technical Cooperation between the European Community and the State of Israel (2004/576/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 170 thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament(1),

Whereas:

(1) The Commission has negotiated, on behalf of the Community, the Agreement on Scientific and Technical Cooperation with the State of Israel (hereinafter the Agreement).

(2) The Agreement was signed on behalf of the Community on  10 June 2003  in Brussels, subject to its conclusion.

(3) The Agreement should be approved,

HAS DECIDED AS FOLLOWS:

Article 1

The Agreement on Scientific and Technical Cooperation between the European Community and the State of Israel is hereby approved on behalf of the Community.

The text of the Agreement has already been published in the  Official Journal of the European Union (2).

Article 2

The President of the Council shall, acting on behalf of the Community, give the notification provided for in Article 5 of the Agreement.

Done at Luxembourg,  29 April 2004 .

 For the Council

 The President

M. Mc Dowell

(1) Opinion delivered on  11 March 2004  (not yet published in the Official Journal).

(2) OJ L 154, 21.6.2003, p. 80.


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32001B0449

2001/449/EC: Decision of the European Parliament of 4 April 2001 concerning discharge in respect of the implementation of the general budget of the European Union for the 1999 financial year: Section IV — Court of Justice, Section V — Court of Auditors, Section VI — Part B — Committee of the Regions

Official Journal L 160 , 15/06/2001 P. 0038 - 0042

Decision of the European Parliamentof 4 April 2001concerning discharge in respect of the implementation of the general budget of the European Union for the 1999 financial year: Section IV - Court of Justice, Section V - Court of Auditors, Section VI - Part B - Committee of the Regions(2001/449/EC)THE EUROPEAN PARLIAMENT,Having regard to the revenue and expenditure account and the balance sheet for the 1999 financial year (SEC(2000) 539 - C5-0312/2000),Having regard to the Annual Report of the Court of Auditors concerning the financial year 1999, with the replies of the institutions (C5-0617/2000)(1), and the Special Report No 5/2000 on the Court of Justice's expenditure on buildings (Annex Buildings Erasmus, Thomas More and Annexe C), together with the Court of Justice's replies(2),Having regard to the Statement of Assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (C5-0617/2000),Having regard to the Council's recommendation of 12 March 2001 (C5-0127/2001),Having regard to Article 272(10) of the EC Treaty,Having regard to Article 22(2) and (3) of the Financial Regulation,Having regard to the report submitted to Parliament on the management of Article 270 (Official Journal) of the budget of the Court of Auditors,Having regard to the report submitted to Parliament by the Committee of the Regions on all appropriations carried over automatically from 1997 to 1998 and from 1998 to 1999 for which the cancellation rate was higher than 10 % (Section VI - Part B of the general budget),Having regard to the report of the Committee on Budgetary Control (A5-0108/2001),Whereas:A. Parliament, in its capacity as budgetary control authority, has a duty to evaluate the proper and effective use of the Community budget and act on the detailed reports from the European Court of Auditors.B. This evaluation should involve not only an assessment of the way in which taxpayers' money is spent (i.e. that there have been no irregularities or fraud) but also a regular examination of the effectiveness and impact of the Community budget in carrying out the policies and goals laid down in the Treaties and in secondary legislation.C. All Institutions, advisory bodies and specialised agencies should be equally concerned at providing an efficient and beneficial service, in essence - value for money.D. The nature of expenditure in the Council has changed from purely administrative to more operational in view of new responsibilities in the areas of Common Foreign and Security Policy and Justice and Home Affairs.E. It has been possible for the Court of Auditors to provide error rates in the field of agricultural expenditure and this has been highly useful in improving budgetary control,Court of JusticeBuildings policy1. Notes that the construction of the Annexes to the Palais Building (Annex A or Erasmus, Annex B or Thomas More and Annex C Buildings) was a reaction to constantly increasing accommodation needs of the Court of Justice rather than part of a comprehensive building programme;2. Regrets the circumstances which led to what the Court of Justice calls the "formal irregularity" of occupying these buildings without a written lease agreement between 1989 and 1994 at a cost of about ECU 35 million by way of advances on rent payments to be adjusted, in conditions contrary to the rules set down in the Financial Regulation;3. Takes note of the fact that the relevant Luxembourg authorities only submitted a draft lease on the Erasmus building in 1989, i.e. almost five years after the decision to construct it was taken and six months after the entry into occupation of that building;4. Notes the Court of Justice's wish, as expressed in the Registrar's letter of 8 May 1989 to the relevant Luxembourg authorities, to avoid occupation of the Thomas More and Annex C Buildings without written leases and the excessive rental conditions asked by the Luxembourg authorities in respect of those buildings, a factor which could only prolong the negotiations;5. Notes the Court of Justice's remarks, in particular as regards the conditions under which the cost of construction and financing the three buildings was monitored (paragraph 4.1.2); takes the view that, in light of those remarks and of the previous paragraphs, the Luxembourg authorities failed to display the degree of constructive cooperation legitimately to be expected from a host country actively promoting a policy of establishment of Community institutions on its territory; consequently considers that the Luxembourg authorities bear a share of responsibility for the fact that the Court of Justice occupied premises without written leases as well as for a number of deficiencies highlighted by the Court of Auditors (inadequate monitoring, etc.);6. Recalls that, following a request by the budgetary authority, the Court of Auditors drew up a technical opinion in 1996 concerning the financial commitments governing the Court of Justice's buildings; recalls, furthermore, that the above opinion contained no criticism of the legal and financial arrangements of the lease-option agreement of 1994 between the Court of Justice and Luxembourg, a fact which enabled the Parliament's Committee on Budgets to authorise an advance payment pursuant to that agreement (see transfer of appropriations No 27/96); wonders why the reservations of the Court of Auditors on those arrangements, as summarised in point 20 e of its Special Report No 5/2000, were not aired in its 1996 technical opinion;7. Believes that, almost seven years after the conclusion of the lease-option agreement of 15 November 1994, the time is ripe for the final statement of account to be determined; notes that, in order to facilitate that task, the Court of Justice and the Luxembourg authorities jointly appointed an expert whose job includes, inter alia:- the determination of those items of expenditure which will not be part of the final statement of account,- the carrying out of detailed investigations with regard to the invoicing irregularities uncovered by the Court of Auditors, and- an assessment as to whether in general the financial interests of the Community have been adequately protected;expects to be informed of the expert's conclusions as soon as possible and in any case in good time for the first reading of the 2002 draft budget;Implementation of Article 270 (Official Journal)8. Notes the report submitted by the Court of Justice on the implementation of Article 270(3); encourages the Court of Justice to ensure that the Office for Official Publications of the European Communities processes and dispatches the statements of account concerning the texts published by the Court of Justice in the Official Journal in an orderly way, thus contributing to the optimum management of the appropriations related to the heading in question;Financial control and internal audit9. Calls on the Court of Justice to analyse the option of appointing an Internal Auditor who is independent from the Financial Controller, and to report to the European Parliament on the outcome of this analysis;Court of Auditors10. Is concerned that the Court of Auditors has not yet agreed to formally accept Parliament's demand for "naming and shaming" those Member States that fail to perform, feels that this could provide a valuable tool for improving budgetary control over Community spending;11. Welcomes the increasing trend by the Court of Auditors not only to measure the accountability of the European Union's activities, but also their efficiency and their impact;12. Rejects the Court of Auditors' refusal to quantify the error rate and insists that the Court specify its results from DAS audits on both a geographical and a sectorial basis;13. Calls on the Court of Auditors to develop a "Richter scale" of errors, which differentiates between small administrative oversights and full-fledged fraud and various errors in between, in order to allow a better appraisal of the scale of the errors;14. Invites the Court to develop further its relations with national audit bodies in the Member States, as well as the candidate countries, with a view to deepening the audit work they carry out on those areas of Community revenue and expenditure where management responsibility is shared;15. Recalls paragraph 2 of its decision of 7 October 1998 giving discharge in respect of the implementation of the general budget of European Union for the 1996 financial year: Section IV - Court of Justice, Section V - Court of Auditors, Section VI - Part B - Committee of the Regions(4), asking the Court of Auditors to instruct its Member responsible for administrative matters systematically to include the Court of Auditors in all its horizontal audits, starting with the 1997 financial year; regrets that subsequent Annual Reports including the one on 1999 bear no witness to the fulfilment of that request;16. Asks the Court of Auditors to continue to improve its working and reporting methods with a view to facilitating the task of the discharge authorities and especially to ensure its continuity from year to year;17. Calls on the Court of Auditors to analyse the option of appointing an internal auditor who is independent from the Financial Controller, and to report to the European Parliament on the outcome of this analysis;18. Calls on the members of the Court of Auditors to publish their declarations of financial interests on the Internet;19. Requests the Court of Auditors to extend, as a matter of course and starting from the current financial year, its auditing activities to the Council, thus enabling Parliament, if appropriate, to make observations on the implementation of that institution's budget in the framework of the discharge procedure;Committee of the Regions20. Welcomes the efforts of the Committee of the Regions to present an evaluation of the impact of its work, and calls on its partner institutions to assist in this evaluation, including recommendations to improve the input of the Committee of the Regions to policy development at a European level; looks forward to receiving annual assessments which address, inter alia, the following questions:- the timeliness of opinions to the other institutions,- optimalisation of staff deployment,- the functioning of the cooperation agreement with the Economic and Social Committee,- interinstitutional cooperation, particularly with a view to improving the efficient use of administrative expenditure through economies of scale in areas such as recruitment, security, documentation services, building management and catering facilities;21. Notes the report submitted to Parliament on appropriations carried over automatically from 1997 to 1998 and from 1998 to 1999 for which the cancellation rate was higher than 10 %(5); believes that a great deal of the cancellations were due to rules that need tightening (late submission of supporting documents concerning Members' language courses), inadequate planning at administrative and political level (cancellation or even overestimation of mission orders, cancellation of commission meetings at the end of the year), the late billing by the Joint Interpreting and Conference Service (JICS), overestimates to avoid the risk of insufficient availability of appropriations etc.; asks the Committee of the Regions to take the appropriate action to remedy that situation, where appropriate in cooperation with the other institutions concerned;22. Notes the Court of Auditors' observation (point 6.23 of the 1999 Annual Report) according to which in February 2000 the Committee of the Regions tightened again its rules on expenses and the travel and meeting allowances of its Members;23. Notes that 1999 was the last year of the Common Organisational Structure with the ESC which was replaced, on 1 January 2000, by a Cooperation Agreement (to be subjected to an annual review) between the two committees which maintains joint operations in the majority of departments but establishes autonomy in the financial and staff departments; expects the annual review to assess proven and forseeable needs of both committees;24. Notes that during the 1999 financial year, the Economic and Social Committee and the Committee of the Regions pursued their negotiations with the owners of the Belliard Complex Building and that, in accordance with the policy of the budgetary authority, they reimbursed Parliament its rental payments for the premises; further notes that these negotiations finally resulted in a lease-purchase agreement in December 2000; undertakes to examine the conditions of this agreement in next year's discharge procedure;25. Welcomes the substantial savings to the European Union budget resulting from joint services with the Economic and Social Committee and encourages other institutions to follow this example, for instance by sharing library facilities;26. Calls on the Committee of the Regions to analyse the option of appointing an Internal Auditor who is independent from the Financial Controller, and to report to the European Parliament on the outcome of this analysis;27. Notes that the decision taken by the Committee of the Regions on the terms and conditions for internal investigations in relation to the prevention of fraud, corruption and any illegal activity detrimental to the Communities' interests departs from the Interinstitutional Agreement of 25 May 1999(6), though there is no technical need to do so; notes further that this deprives Members and staff of the Committee of the Regions of the right, laid down in the Interinstitutional Agreement, to approach OLAF directly without notifying the President or Secretary-General;Agencies28. Calls on the Commission to:(i) ensure that experience with regard to setting up Agencies is pooled, so that lessons learned may be applied in the setting up of new Agencies (e.g. the European Food Authority and the European Maritime Safety Agency);(ii) develop a decentralised system which would allow activity-based management for Agencies, comprising monitoring, auditing or evaluation of personnel, missions, documents and inventory, on the lines of the Integrated Resources Management System (IRMS);(iii) transmit to the discharge authority and Court of Auditors on a systematic basis all audits carried out by the Financial Controller or operational Directorates-General, in respect of the following agencies:1. Centre for Development of Vocational Training, Thessaloniki;2. Foundation for Improvement of Living and Working Conditions Dublin;3. Environment Agency, Copenhagen;4. European Training Foundation, Turin;5. Monitoring Centre for Drugs and Drug Addiction, Lisbon;6. Agency for the Evaluation of Medicinal Products, London;7. Agency for Safety and Health at Work, Bilbao;8. Monitoring Centre for Racism and Xenophobia, Vienna;9. Reconstruction Agency for Kosovo (OBNOVA), Thessaloniki;10. Office for Harmonisation in the Internal Market, Alicante;11. Community Plant Variety Office, Angers;12. Translation Centre for Bodies of the EU, Luxembourg;29. Recalls that, in its resolution of 13 April 2000, under the discharge exercise for 1998, Parliament asked the Court of Auditors to produce a comprehensive analysis of audits of all Agencies; regrets that the Court has not done so; invites the Court of Auditors to:(i) carry out performance, rather than purely financial, audits;(ii) present a comparative analysis of Agencies, based on best practice;(iii) coordinate its audit activities with the Commission (Financial Control and operational directorates-general);30. Regrets that three of the Agencies (those in Turin, Lisbon and Angers) have not submitted a budget for the year 1999 and that eight of the other agencies submitted these in December of 1999; calls on the Agencies to submit their budgets before the beginning of the new financial year;31. Calls on the Agencies to conduct and publish evaluations of their work on a regular basis;32. Calls on its specialised committees to scrutinise the quality and impact of the work of the various Agencies and to provide the Budget Control Committee with timely input on these Agencies for the Annual discharge procedure;Discharge decision33. Grants discharge to the Registrar of the Court of Justice and the Secretaries-General of the Court of Auditors and the Committee on the Regions in respect of the implementation of their budgets for the 1999 financial year;34. Instructs its President to forward this Decision to the Council, the Commission, the Court of Justice, the Court of Auditors, the Committee of the Regions and to all the decentralised agencies mentioned in this Decision and to have it published in the Official Journal (L series).The Secretary-GeneralJulian PriestleyThe PresidentNicole Fontaine(1) OJ C 342, 1.12.2000.(2) OJ C 109, 14.4.2000, p. 1.(3) See point 3 of European Parliament Decision of 13 April 2000 granting discharge in respect of the implementation of the general budget of European Union for the 1998 financial year: Section IV - Court of Justice, Section V - Court of Auditors, Section VI - Part B - Committee of the Regions (OJ C 40, 7.2.2001, p. 389).(4) OJ L 308, 18.11.1998, p. 39.(5) See paragraph 6 of the European Parliament Decision of 13 April 2000 (OJ C 40, 7.2.2001, p. 389).(6) OJ L 136, 31.5.1999, p. 15.


title: 2014/505/EU: Council Decision of 23 July 2014 on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and the Kingdom of Norway on reciprocal access to fishing in the Skagerrak for vessels flying the flag of Denmark, Norway and Sweden

text:
               30.7.2014

               EN

               Official Journal of the European Union

               L 224/1

         COUNCIL DECISION
   of 23 July 2014
   on the signing, on behalf of the Union, and provisional application of the Agreement between the European Union and the Kingdom of Norway on reciprocal access to fishing in the Skagerrak for vessels flying the flag of Denmark, Norway and Sweden

      (2014/505/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 43(2), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Agreement on reciprocal access to fishing in the Skagerrak and the Kattegat (‘1966 Agreement’) between Denmark, Norway and Sweden was signed on 19 December 1966 and entered into force on 7 August 1967.

               (2)

               The 1966 Agreement allowed for reciprocal access between Denmark, Norway and Sweden to fish in the area up to four nautical miles from their respective baselines in the Skagerrak and Kattegat. It also established that, for the purposes of such fishing, the area in question was deemed to constitute the high seas and that therefore flag State jurisdiction applied in matters such as control.

               (3)

               With the accession of Denmark and Sweden to the Union in 1973 and 1995 respectively, the Union became responsible for the management of the 1966 Agreement on behalf of those two Member States.

               (4)

               On 29 July 2009, the Ministry of Foreign Affairs of Norway notified Denmark, the depositary of the 1966 Agreement, that they wished to terminate the 1966 Agreement with a formal denunciation in accordance with that Agreement and consequently, the 1966 Agreement expired on 7 August 2012.

               (5)

               The Council authorised the Commission to negotiate, on behalf of the Union, a new agreement with the Kingdom of Norway on reciprocal access to fishing in the Skagerrak and Kattegat.

               (6)

               As a result of those negotiations, the Agreement between the European Union and the Kingdom of Norway on reciprocal access to fishing in the Skagerrakfor vessels flying the flag of Denmark, Norway and Sweden (‘Agreement’) was initialled on 24 October 2013.

               (7)

               The Agreement should be signed.

               (8)

               In order to guarantee the continuation of access by Union vessels for fishing activities, the Agreement should be applied on a provisional basis up to two years from the date of its signature, pending its entry into force,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the Agreement between the European Union and the Kingdom of Norway on reciprocal access to fishing in the Skagerrak for vessels flying the flag of Denmark, Norway and Sweden is hereby authorised, subject to the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   The Agreement shall be applied on a provisional basis up to two years from the date of its signature (1), pending its entry into force.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 23 July 2014.

            For the Council

            The President

         S. GOZI

      (1)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


title: Council Decision 2009/969/CFSP of 15 December 2009 extending the restrictive measures against certain officials of Belarus laid down in Common Position 2006/276/CFSP, and repealing Common Position 2009/314/CFSP

text:
               17.12.2009

               EN

               Official Journal of the European Union

               L 332/76

      COUNCIL DECISION 2009/969/CFSP
   of 15 December 2009
   extending the restrictive measures against certain officials of Belarus laid down in Common Position 2006/276/CFSP, and repealing Common Position 2009/314/CFSP
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 10 April 2006, the Council adopted Common Position 2006/276/CFSP concerning restrictive measures against certain officials of Belarus (1).

               (2)

               By Common Position 2009/314/CFSP of 6 April 2009 amending Common Position 2006/276/CFSP (2) the restrictive measures were extended until 15 March 2010. However, the travel restrictions imposed on certain leading figures in Belarus, with the exception of those involved in the disappearances which occurred in 1999 and 2000 and of the President of the Central Electoral Commission, were suspended until 15 December 2009.

               (3)

               The Council agreed on 17 November 2009 that, due to the absence of tangible progress in the areas identified in the Council Conclusions of 13 October 2008, the restrictive measures provided for by Common Position 2006/276/CFSP should be extended until October 2010, whilst the suspension of the travel restrictions imposed on certain leading figures in Belarus, with the exception of those involved in the disappearances which occurred in 1999 and 2000 and of the President of the Central Electoral Commission, should also be extended until October 2010. At the end of that period, the Council will review the restrictive measures in light of the situation in Belarus. The Council may decide to reapply or lift travel restrictions at any time, in light of actions by the Belarusian authorities in the sphere of democracy and human rights.

               (4)

               Common Position 2009/314/CFSP should therefore be repealed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The restrictive measures provided for in Common Position 2006/276/CFSP are hereby extended until 31 October 2010.
   Article 2
   1.   The measures referred to in Article 1(1)(b) of Common Position 2006/276/CFSP, in so far as they apply to Mr Yuri Nikolaïevich Podobed, are hereby suspended until 31 October 2010.
   2.   The measures referred to in Article 1(1)(c) of Common Position 2006/276/CFSP are hereby suspended until 31 October 2010.
   Article 3
   This Decision shall be re-examined before 31 October 2010 in light of the situation in Belarus.
   Article 4
   Common Position 2009/314/CFSP is hereby repealed.
   Article 5
   This Decision shall enter into force on the date of its adoption.
   Article 6
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 15 December 2009.

            For the Council

            The President

         E. ERLANDSSON

      (1)  OJ L 101, 11.4.2006, p. 5.

      (2)  OJ L 93, 7.4.2009, p. 21.


title: 2005/473/EC: Council Decision of 30 May 2005 appointing an Austrian alternate member to the Committee of the Regions

text:
               29.6.2005

               EN

               Official Journal of the European Union

               L 167/16

      COUNCIL DECISION

   of 30 May 2005
   appointing an Austrian alternate member to the Committee of the Regions
   (2005/473/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 appointing the members and alternate members of the Committee of the Regions for the period 26 January 2002 to 25 January 2006 (1).

               (2)

               A seat as an alternate member of the Committee of the Regions has become vacant following the resignation of Mr Edmund FREIBAUER, notified to the Council on 8 February 2005,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Ms Johanna MIKL-LEITNER, ‘Landesrätin’, member of the government of the Federate State of Lower Austria, is hereby appointed an alternate member of the Committee of the Regions in place of Mr Edmund FREIBAUER for the remainder of his term of office, which runs until 25 January 2006.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.
   It shall take effect on the date of its adoption.

      Done at Brussels, 30 May 2005.

            For the Council

            The President

         F. BODEN

      (1)  OJ L 24, 26.1.2002, p. 38.


title: Council Decision (EU) 2016/643 of 21 April 2016 appointing a member, proposed by the Italian Republic of the Committee of the Regions

text:
               23.4.2016

               EN

               Official Journal of the European Union

               L 108/35

         COUNCIL DECISION (EU) 2016/643
   of 21 April 2016
   appointing a member, proposed by the Italian Republic of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Italian Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               A member's seat on the Committee of the Regions has become vacant following the end of the mandate on the basis of which Mr Mauro D'ATTIS (Consigliere comunale di Brindisi) was proposed,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as a member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Sig. Mauro D'ATTIS, Assessore del Comune di Roccafiorita (ME) (change of mandate).

         Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 21 April 2016.

            For the Council

            The President

         G.A. VAN DER STEUR

      (1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

      (2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

      (3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).


title: 2006/491/EC,Euratom: Council Decision of  27 June 2006  determining for the General Secretariat of the Council the appointing authority and the authority empowered to conclude contracts of employment

text:
               14.7.2006

               EN

               Official Journal of the European Union

               L 194/29

      COUNCIL DECISION

   of 27 June 2006
   determining for the General Secretariat of the Council the appointing authority and the authority empowered to conclude contracts of employment
   (2006/491/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Staff Regulations of Officials of the European Communities and the Conditions of Employment of other servants of the Communities, as laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (1), and in particular Article 2 of those Staff Regulations and Article 6 of those Conditions,
   Whereas:

               (1)

               Under the first subparagraph of Article 207(2) of the EC Treaty and the first subparagraph of Article 121(2) of the Euratom Treaty, the General Secretariat of the Council comes under the responsibility of a Secretary-General, High Representative for the common foreign and security policy, hereinafter referred to as ‘the Secretary-General’, assisted by a Deputy Secretary-General responsible for the management of the General Secretariat.

               (2)

               Under Articles 28 and 41 of the EU Treaty, Article 207 of the EC Treaty is applicable to the provisions relating to the areas referred to in Titles V and VI respectively of the EU Treaty.

               (3)

               Following the entry into force of Council Regulation (EC, Euratom) No 723/2004 of 22 March 2004 amending the Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities (2), which among other things modified the career structure of officials and other servants of the European Communities, a new Decision should be adopted, determining for the General Secretariat of the Council the appointing authority (hereinafter ‘appointing authority’) and the authority empowered to conclude contracts of employment, and Council Decision 1999/692/EC, ECSC, Euratom of 20 October 1999 determining the appointing authority for the General Secretariat of the Council (3) should be repealed,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The powers conferred by the Staff Regulations of Officials on the appointing authority and by the Conditions of Employment of other servants on the authority competent to conclude contracts of employment shall, as regards the General Secretariat of the Council, be exercised:

               (a)

               by the Council for the Secretary-General and the Deputy Secretary-General;

               (b)

               by the Council, on a proposal from the Secretary-General, for the application to Directors-General of Articles 1a, 30, 34, 41, 49, 50 and 51; the Secretary-General is authorised to delegate his power of proposal to the Deputy Secretary-General;

               (c)

               by the Secretary-General in other cases; the Secretary-General is authorised to delegate his powers to the Deputy Secretary-General.
               The Deputy Secretary-General is authorised to delegate, in whole or in part, to the Director-General of Administration any powers delegated to him by the Secretary-General as regards the application of the Conditions of Employment of other servants and the application of the Staff Regulations to officials in the AST function group. Such delegation may not extend to any powers delegated to him in respect of the appointment and termination of service of officials and the engagement of other servants.

         Article 2
   Decision 1999/692/EC, ECSC, Euratom is hereby repealed.
   Article 3
   This Decision shall take effect from the date of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 27 June 2006.

            For the Council

            The President

         J. PRÖLL

      (1)  OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 2104/2005 (OJ L 337, 22.12.2005, p. 7).

      (2)  OJ L 124, 27.4.2004, p. 1.

      (3)  OJ L 273, 23.10.1999, p. 12.


title: Council Decision (CFSP) 2015/2007 of 10 November 2015 extending the mandate of the European Union Special Representative in Bosnia and Herzegovina

text:
               11.11.2015

               EN

               Official Journal of the European Union

               L 294/64

         COUNCIL DECISION (CFSP) 2015/2007
   of 10 November 2015
   extending the mandate of the European Union Special Representative in Bosnia and Herzegovina
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 33 and Article 31(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 19 January 2015, the Council adopted Decision (CFSP) 2015/77 (1) appointing Mr Lars-Gunnar WIGEMARK as the European Union Special Representative (EUSR) in Bosnia and Herzegovina. The mandate of the EUSR is to expire on 31 October 2015.

               (2)

               The mandate of the EUSR should be extended for a further period of 16 months.

               (3)

               The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   The mandate of Mr Lars-Gunnar WIGEMARK as the European Union Special Representative (EUSR) in Bosnia and Herzegovina is hereby extended until 28 February 2017. The Council may decide that the mandate of the EUSR be terminated earlier, based on an assessment by the Political and Security Committee (PSC) and a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).
   Article 2
   Policy objectives
   The mandate of the EUSR shall be based on the following policy objectives of the Union in Bosnia and Herzegovina (BiH): continued progress in the Stabilisation and Association Process, with the aim of a stable, viable, peaceful and multi-ethnic and united BiH, cooperating peacefully with its neighbours and irreversibly on track towards membership of the Union. The Union will also continue to support the implementation of the General Framework Agreement for Peace (GFAP) in BiH.
   Article 3
   Mandate
   In order to achieve the policy objectives, the mandate of the EUSR shall be to:

               (a)

               offer the Union's advice and facilitate the political process;

               (b)

               ensure consistency and coherence of Union action;

               (c)

               facilitate progress on political, economic and European priorities;

               (d)

               monitor and advise the executive and legislative authorities at all levels of government in BiH, and liaise with the authorities and political parties in BiH;

               (e)

               ensure the implementation of the Union's efforts in the whole range of activities in the field of the rule of law and the security sector reform, promote overall Union coordination of, and give local political direction to, Union efforts in tackling organised crime and corruption and, in this context, provide the HR and the Commission with assessments and advice as necessary;

               (f)

               provide support for a reinforced and more effective interface between criminal justice and the police in BiH;

               (g)

               without prejudice to the military chain of command, offer the EU Force Commander political guidance on military issues with a local political dimension, in particular concerning sensitive operations, relations with local authorities and with the local media; consult with the EU Force Commander before taking political action that may have an impact on the security situation;

               (h)

               coordinate and implement the Union's communication efforts on Union issues towards the public in BiH;

               (i)

               promote the process of EU integration through targeted public diplomacy and Union outreach activities designed to ensure a broader understanding and support from the BiH public on EU related matters, including by means of engagement of local civil society actors;

               (j)

               contribute to the development and consolidation of respect for human rights and fundamental freedoms in BiH, in accordance with the Union's human rights policy and the Union Guidelines on Human Rights;

               (k)

               engage with relevant BiH authorities on their full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY);

               (l)

               in line with the Union integration process, advise, assist, facilitate and monitor political dialogue on the necessary constitutional changes;

               (m)

               maintain close contacts and consultations with the High Representative in BiH and other relevant international organisations working in the country;

               (n)

               provide advice to the HR as necessary concerning natural or legal persons on whom restrictive measures could be imposed in view of the situation in BiH;

               (o)

               without prejudice to the applicable chains of command, help to ensure that all Union instruments in the field are applied coherently to attain the Union's policy objectives.

         Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR.
   2.   The PSC shall maintain a privileged link with the EUSR and shall be the EUSR's primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   3.   The EUSR shall work in close coordination with the European External Action Service (EEAS) and its relevant departments.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 November 2015 to 28 February 2017 shall be EUR 7 600 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union. Participation of natural and legal persons in the award of procurement contracts by the EUSR shall be open without limitations. Furthermore, no rule of origin for the goods purchased by the EUSR shall apply.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   A dedicated staff shall be assigned to assist the EUSR to implement the mandate and to contribute to the coherence, visibility and effectiveness of Union action in BiH overall. Within the limits of the mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting the team. The team shall include members having expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of the team.
   2.   Member States, institutions of the Union and the EEAS may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State, institution of the Union or the EEAS and shall carry out their duties and act in the interest of the mandate of the EUSR.
   Article 7
   Privileges and immunities of the EUSR and of the EUSR's staff
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of the EUSR's staff shall be agreed with the host parties, as appropriate. Member States and the EEAS shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   The EUSR and the members of the EUSR's team shall respect the security principles and minimum standards established by Council Decision 2013/488/EU (2).
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegations and/or Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union's policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in accordance with the mandate of the EUSR and the security situation in the area of responsibility, for the security of all personnel under the direct authority of the EUSR, in particular by:

               (a)

               establishing a specific security plan based on guidance from the EEAS, including specific physical, organisational and procedural security measures, governing the management of the secure movement of personnel to, and within, the area of responsibility, as well as the management of security incidents and including a contingency and evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the area of responsibility;

               (c)

               ensuring that all members of the EUSR's team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the area of responsibility, based on the risk ratings assigned to that area by the EEAS;

               (d)

               ensuring that all agreed recommendations made following regular security assessments are implemented, and providing the Council, the HR and the Commission with written reports on their implementation and on other security issues within the framework of the progress and mandate implementation reports.

         Article 11
   Reporting
   The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report to Council working parties as necessary. Regular reports shall be circulated through the COREU network. The EUSR may provide the Foreign Affairs Council with reports. In accordance with Article 36 of the Treaty, the EUSR may be involved in briefing the European Parliament.
   Article 12
   Coordination
   1.   The EUSR shall contribute to the unity, consistency and effectiveness of the Union's action and shall help ensure that all Union instruments and Member States' actions are engaged consistently, to attain the Union's policy objectives. The activities of the EUSR shall be coordinated with those of the Commission, as well as those of other EUSRs active in the region, as appropriate. The EUSR shall provide regular briefings to Member States' missions and Union delegations.
   2.   In the field, close liaison shall be maintained with the Heads of Union delegations in the region and Member States' Heads of Mission. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR shall also liaise with international and regional actors in the field, and in particular maintain close coordination with the High Representative in BiH.
   3.   In support of Union crisis management operations, the EUSR, with other Union actors present in the field, shall improve the dissemination and sharing of information by those Union actors with a view to achieving a high degree of common situation awareness and assessment.
   Article 13
   Assistance in relation to claims
   The EUSR and the EUSR's staff shall assist in providing elements to respond to any claims and obligations arising from the mandates of the previous EUSRs in BiH, and shall provide administrative assistance and access to relevant files for such purposes.
   Article 14
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the Council, the HR and the Commission with a progress report by the end of June 2016 and a comprehensive mandate implementation report by the end of November 2016.
   Article 15
   Entry into force
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 November 2015.

      Done at Brussels, 10 November 2015.

            For the Council

            The President

         P. GRAMEGNA

      (1)  Council Decision (CFSP) 2015/77 of 19 January 2015 appointing the European Union Special Representative in Bosnia and Herzegovina (OJ L 13, 20.1.2015, p. 7).

      (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).