title: Council Decision 2008/266/CFSP of 28 January 2008 concerning the conclusion of the Agreement between the European Union and the Republic of Chad on the status of the European Union-led forces in the Republic of Chad

text:
               26.3.2008

               EN

               Official Journal of the European Union

               L 83/39

         COUNCIL DECISION 2008/266/CFSP
   of 28 January 2008
   concerning the conclusion of the Agreement between the European Union and the Republic of Chad on the status of the European Union-led forces in the Republic of Chad
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               On 25 September 2007, the United Nations Security Council adopted Resolution 1778 (2007) approving the establishment of a United Nations mission in the Central African Republic and in Chad (MINURCAT) and authorising the European Union to deploy in those countries, for a period of one year from the date on which its initial operating capability is declared, an operation aimed at supporting the United Nations mission. The Resolution also requested the Governments of the Republic of Chad and the Central African Republic and the European Union to conclude status-of-forces agreements for the European Union operation as soon as possible.

               (2)

               On 15 October 2007, the Council adopted Joint Action 2007/677/CFSP on the European Union military operation in the Republic of Chad and in the Central African Republic (EUFOR Tchad/RCA) (1).

               (3)

               Following authorisation by the Council on 18 September 2007, in accordance with Article 24 of the Treaty, the Presidency, assisted by the Secretary-General/High Representative, negotiated an Agreement between the European Union and the Republic of Chad on the status of the European Union-led forces in the Republic of Chad.

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the Republic of Chad on the status of the European Union-led forces in the Republic of Chad is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the European Union.
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 28 January 2008.

            For the Council

            The President

         D. RUPEL

      (1)  OJ L 279, 23.10.2007, p. 21.
    ---documentbreak---

               26.3.2008

               EN

               Official Journal of the European Union

               L 83/40

         TRANSLATION
   AGREEMENT
   between the European Union and the Republic of Chad on the status of the European Union-led forces in the Republic of Chad
   THE EUROPEAN UNION, hereinafter referred to as ‘the EU’,
   of the one part, and
   THE REPUBLIC OF CHAD, hereinafter referred to as ‘the Host State’,
   of the other part,
   hereinafter referred to as ‘the Parties’,
   TAKING INTO ACCOUNT:

               —

               United Nations Security Council Resolution 1778 (2007) of 25 September 2007,

               —

               Council Joint Action 2007/677/CFSP of 15 October 2007 on the European Union military operation in the Republic of Chad and in the Central African Republic (EUFOR Tchad/RCA) (1),

               —

               the fact that this Agreement will not affect the Parties’ rights and obligations under international agreements and other instruments establishing international courts and tribunals, including the Statute of the International Criminal Court,

         HAVE AGREED AS FOLLOWS:
   Article 1
   Scope and definitions
   1.   This Agreement shall apply to the European Union-led Forces and to their personnel.
   2.   This Agreement shall apply only within the territory of the Host State.
   3.   For the purpose of this Agreement:

               (a)

               ‘European Union-led Forces (EUFOR)’ shall mean EU military headquarters and national contingents contributing to the operation, their equipment and their means of transport;

               (b)

               ‘operation’ shall mean the preparation, establishment, execution and support of the military mission further to the mandate arising out of United Nations Security Council Resolution 1778 (2007) of 25 September 2007;

               (c)

               ‘EU Force Commander’ shall mean the Commander in the theatre of operations;

               (d)

               ‘EU military headquarters’ shall mean the military headquarters and elements thereof, whatever their location, under the authority of EU military commanders exercising the military command or control of the operation;

               (e)

               ‘national contingents’ shall mean units and elements belonging to the Member States of the EU and to other States participating in the operation;

               (f)

               ‘EUFOR personnel’ shall mean the civilian and military personnel assigned to EUFOR as well as personnel deployed for the preparation of the operation and personnel on mission for a Sending State or an EU institution in the framework of the operation, present, except as otherwise provided in this Agreement, within the territory of the Host State, with the exception of personnel employed locally and personnel employed by international commercial contractors;

               (g)

               ‘personnel employed locally’ shall mean personnel who are nationals of or permanently resident in the Host State;

               (h)

               ‘facilities’ shall mean all premises, accommodation and land required for EUFOR and EUFOR personnel;

               (i)

               ‘Sending State’ shall mean a State providing a national contingent for EUFOR.

         Article 2
   General provisions
   1.   EUFOR and EUFOR personnel shall respect the laws and regulations of the Host State and shall refrain from any action or activity incompatible with the objectives of the operation.
   2.   EUFOR shall regularly inform the government of the Host State of the number of EUFOR personnel stationed within the Host State’s territory.
   Article 3
   Identification
   1.   EUFOR personnel must carry passports or military identity cards with them at all times.
   2.   EUFOR vehicles, aircraft, vessels and other means of transport shall carry distinctive EUFOR identification markings and/or registration plates, of which the relevant Host State authorities shall be notified.
   3.   EUFOR shall have the right to display the flag of the EU and markings such as military insignia, titles and official symbols, on its facilities, vehicles and other means of transport. The uniforms of EUFOR personnel shall carry a distinctive EUFOR emblem. National flags or insignia of the constituent national contingents taking part in the operation may be displayed on the EUFOR facilities, vehicles and other means of transport and uniforms, as decided by the EU Force Commander.
   Article 4
   Border crossing and movement within the Host State’s territory
   1.   EUFOR personnel shall enter the Host State’s territory only on presentation of the documents provided for in Article 3(1) or, in the case of first entry, of an individual or collective movement order issued by EUFOR. They shall be exempt from passport and visa regulations, immigration inspections and customs control on entering, leaving or within the Host State’s territory.
   2.   EUFOR personnel shall be exempt from the Host State’s regulations on the registration and control of aliens, but shall not acquire any right to permanent residence or domicile within the Host State’s territory.
   3.   A list of EUFOR assets and means of transport entering, transiting or exiting the Host State’s territory in support of the operation shall be communicated to the Host State by way of information. EUFOR shall, however, be exempt from any requirement to produce any other customs documentation, and from any inspection.
   4.   EUFOR personnel may drive motor vehicles and operate aircraft within the Host State’s territory provided they have valid national, international or military driving licences or pilot licences, as appropriate.
   5.   For the purpose of the operation, the Host State shall grant EUFOR and EUFOR personnel freedom of movement and freedom to travel within its territory, including its air space, in collaboration with the Host State’s competent authorities, in accordance with the arrangements laid down in Article 18 of this Agreement.
   6.   For the purpose of the operation and in agreement with the competent Chadian authorities, EUFOR may carry out within the Host State territory, including its air space, any exercise, including exercises with weapons.
   7.   For the purpose of the operation, EUFOR may use public roads, bridges, ferries and airports without the payment of duties, fees, tolls, taxes and similar charges. EUFOR shall not be exempt from reasonable charges for services requested and received, under the conditions that apply to those provided for the Host State’s armed forces.
   Article 5
   Privileges and immunities of EUFOR granted by the Host State
   1.   EUFOR’s facilities shall be inviolable. The Host State’s agents shall not enter them without the consent of the EU Force Commander.
   2.   EUFOR’s facilities, their furnishings and other assets therein as well as its means of transport shall be immune from search, requisition, attachment or execution.
   3.   EUFOR, its property and assets, wherever located and by whomsoever held, shall enjoy immunity from every form of legal process.
   4.   EUFOR’s archives and documents shall be inviolable at any time, wherever they may be.
   5.   EUFOR’s official correspondence shall be inviolable. ‘Official correspondence’ means all correspondence relating to the operation and its functions.
   6.   In respect of purchased or imported goods, services provided and facilities used by EUFOR for the purposes of the operation, EUFOR, as well as its providers or contractors, as long as they are not nationals of the Host State, shall be exempt from all national, regional and communal dues, taxes and other charges of a similar nature. EUFOR shall not be exempt from dues, taxes or other charges that represent payment for services rendered.
   7.   The Host State shall permit the entry of articles, military vehicles, military equipment and products intended exclusively for the operation and grant them exemption from all customs duties, fees, tolls, taxes and similar charges, other than charges for storage, cartage and charges that represent payment for other services rendered.
   Article 6
   Privileges and immunities of EUFOR personnel granted by the Host State
   1.   EUFOR personnel shall not be liable to any form of arrest or detention.
   2.   Papers, correspondence and property of EUFOR personnel, shall enjoy inviolability, except in the case of measures of execution which are permitted pursuant to paragraph 6.
   3.   EUFOR personnel shall enjoy immunity from the criminal jurisdiction of the Host State.
   The immunity from criminal jurisdiction of EUFOR personnel may be waived by the Sending State or EU institution concerned, as the case may be. Such waiver must always be express.
   4.   EUFOR personnel shall enjoy immunity from the civil and administrative jurisdiction of the Host State in respect of words spoken or written and all acts performed by them in the exercise of their official functions. If any civil proceeding is instituted against EUFOR personnel before any Host State court, the EU Force Commander and the competent authority of the Sending State or EU institution shall be notified immediately. Prior to initiation of the proceeding before the court, the EU Force Commander and the competent authority of the Sending State or EU institution shall certify to the court whether the act in question was committed by EUFOR personnel in the exercise of their official functions.
   If the act was committed in the exercise of official functions, the proceeding shall not be initiated and the provisions of Article 15 shall apply. If the act was not committed in the exercise of official functions, the proceeding may continue. The certification by the EU Force Commander and the competent authority of the Sending State or EU institution shall be binding upon the jurisdiction of the Host State, which may not contest it.
   The initiation of proceedings by EUFOR personnel shall preclude them from invoking immunity from jurisdiction in respect of any counter-claim directly connected with the principal claim.
   5.   EUFOR personnel shall not be obliged to give evidence as witnesses.
   6.   No measures of execution may be taken in respect of EUFOR personnel, except in the case where a civil proceeding not related to their official functions is instituted against them. Property of EUFOR personnel, which is certified by the EU Force Commander to be necessary for the fulfilment of their official functions, shall be free from seizure for the satisfaction of a judgement, decision or order. In civil proceedings EUFOR personnel shall not be subject to any restrictions on their personal liberty or to any other measures of constraint.
   7.   The immunity of EUFOR personnel from the jurisdiction in the Host State does not exempt them from the jurisdictions of the respective Sending States.
   8.   EUFOR personnel shall with respect to services rendered for EUFOR be exempt from social security provisions which may be in force in the Host State.
   9.   EUFOR personnel shall be exempt from any form of taxation in the Host State on the salary and emoluments paid to them by EUFOR or the Sending States, as well as on any income received from outside the Host State.
   10.   Articles and personal effects in use belonging to EUFOR personnel shall be exempt from all duties and taxes under Act 2/92-UDEAC/556-CD-SE 1 of 30 April 1992. To benefit from those exemptions the EU Force Commander shall submit to the competent authorities an application for certification of freedom from duty and tax signed by him.
   The personal baggage of EUFOR personnel shall be exempt from inspection, unless there is serious reason to believe that it contains articles or effects that are not for the personal use of EUFOR personnel, or articles the import or export of which is prohibited by the law or controlled by the quarantine regulations of the Host State. Such inspection shall be conducted only in the presence of the EUFOR personnel concerned or of an authorised representative of EUFOR.
   Article 7
   Personnel employed locally
   Personnel employed locally shall enjoy privileges and immunities only to the extent admitted by the Host State. However, the Host State shall exercise its jurisdiction over that personnel in such a manner as not to interfere unduly with the performance of the functions of the operation.
   Article 8
   Criminal jurisdiction
   The competent authorities of a Sending State shall have the right to exercise on the territory of the Host State all the criminal jurisdiction and disciplinary powers conferred on them by the law of the Sending State with regard to all EUFOR personnel subject to the relevant law of the Sending State.
   Article 9
   Uniform and arms
   1.   The wearing of uniform shall be subject to rules adopted by the EU Force Commander.
   2.   EUFOR military personnel may carry arms and ammunition on condition that they are authorised to do so by their orders.
   Article 10
   Host State support and contracting
   1.   The Host State agrees, if requested, to assist EUFOR in finding suitable facilities.
   2.   The Host State shall provide, free of charge, facilities of which it is the owner, and facilities owned by private legal entities, in so far as such facilities are required for the conduct of EUFOR’s administrative and operational activities.
   3.   Within its means and capabilities, the Host State shall assist in the preparation, establishment, and execution of and support for the operation. The Host State’s assistance and support of the operation shall be provided under the same conditions as the assistance and support given to the Host State’s armed forces.
   4.   The law applicable to contracts concluded by EUFOR in the Host State shall be determined by the contract.
   5.   The contract may stipulate that the dispute settlement procedure referred to in Article 15(3) and (4) shall be applicable to disputes arising from the application of the contract.
   6.   The Host State shall facilitate the implementation of contracts concluded by EUFOR with commercial entities for the purposes of the operation.
   Article 11
   Change to facilities
   1.   EUFOR shall be authorised to construct, alter or otherwise modify facilities as requested for its operational requirements.
   2.   No compensation shall be requested from EUFOR by the Host State for those constructions, alterations or modifications.
   Article 12
   Deceased EUFOR personnel
   1.   The EU Force Commander shall have the right to take charge of and make suitable arrangements for the repatriation of any deceased EUFOR personnel, as well as that of their personal property.
   2.   No autopsy shall be performed on any deceased member of EUFOR without the agreement of the State concerned and the presence of a representative of EUFOR and/or the State concerned.
   3.   The Host State and EUFOR shall cooperate to the fullest extent possible with a view to early repatriation of deceased EUFOR personnel.
   Article 13
   Security of EUFOR and military police
   1.   The Host State shall take all appropriate measures to ensure the safety and security of EUFOR and EUFOR personnel.
   2.   EUFOR shall be authorised to take the measures necessary to protect its facilities, including those used for its training, against any external attack or intrusion.
   3.   The EU Force Commander may establish a military police unit in order to maintain order in EUFOR facilities.
   4.   The military police unit may also, in consultation and cooperation with the military police or the police of the Host State, act outside those facilities to ensure the maintenance of good order and discipline among EUFOR personnel.
   Article 14
   Communications
   1.   EUFOR may install and operate radio sending and receiving stations, as well as satellite systems. It shall cooperate with the Host State’s competent authorities with a view to avoiding conflicts in the use of appropriate frequencies. The Host State shall grant access to the frequency spectrum free of charge.
   2.   EUFOR shall enjoy the right to unrestricted communication by radio (including satellite, mobile and hand-held radio), telephone, telegraph, facsimile and other means, as well as the right to install the equipment necessary for the maintenance of such communications within and between EUFOR facilities, including the laying of cables and land lines for the purpose of the operation.
   3.   Within its own facilities EUFOR may make the arrangements necessary for the conveyance of mail addressed to and from EUFOR and/or EUFOR personnel.
   4.   Installation of the abovementioned equipment shall be carried out in close cooperation with the Host State in accordance with the arrangements laid down in Article 18 of this Agreement.
   Article 15
   Claims for death, injury, damage and loss
   1.   EUFOR and EUFOR personnel shall not be liable for any damage to or loss of civilian or government property which are related to operational necessities or caused by activities in connection with civil disturbances or protection of EUFOR.
   2.   With a view to reaching an amicable settlement, claims for damage to or loss of civilian or government property not covered by paragraph 1, as well as claims for death of or injury to persons and for damage to or loss of EUFOR property, shall be forwarded to EUFOR via the competent authorities of the Host State, as far as claims brought by legal or natural persons from the Host State are concerned, or to the competent authorities of the Host State, as far claims brought by EUFOR are concerned.
   3.   Where no amicable settlement can be found, the claim shall be submitted to a claims commission composed on an equal basis of representatives of EUFOR and representatives of the Host State. Settlement of claims shall be reached by common agreement.
   4.   Where no settlement can be reached within the claims commission, the dispute shall:

               (a)

               for claims up to and including EUR 40 000, be settled by diplomatic means between the Host State and EU representatives;

               (b)

               for claims above the amount referred to in point (a), be submitted to an arbitration tribunal, the decisions of which shall be binding.

         5.   The arbitration tribunal shall be composed of three arbitrators, one arbitrator being appointed by the Host State, one arbitrator being appointed by EUFOR and the third one being appointed jointly by the Host State and EUFOR. Where one of the parties does not appoint an arbitrator within two months or where no agreement can be found between the Host State and EUFOR on the appointment of the third arbitrator, the arbitrator in question shall be appointed by the President of the Court of Justice of the European Communities.
   6.   An administrative arrangement shall be concluded between EUFOR and the administrative authorities of the Host State in order to determine the terms of reference of the claims commission and the tribunal, the procedure applicable within these bodies and the conditions under which claims are to be lodged.
   Article 16
   Liaison and disputes
   1.   All issues arising in connection with the application of this Agreement shall be settled jointly by representatives of EUFOR and the Host State’s competent authorities.
   2.   Failing any prior settlement, disputes concerning the interpretation or application of this Agreement shall be settled exclusively by diplomatic means between the Host State and EU representatives.
   Article 17
   Other provisions
   1.   Whenever this Agreement refers to the privileges, immunities and rights of EUFOR and of EUFOR personnel, the Government of the Host State shall be responsible for their implementation and for compliance with them on the part of the appropriate Host State’s local authorities.
   2.   Nothing in this Agreement is intended or may be construed to derogate from any rights that may attach to an EU Member State or to any other State contributing to EUFOR under other agreements.
   Article 18
   Implementing arrangements
   For purposes of the application of this Agreement, operational, administrative and technical matters may be the subject of separate arrangements to be concluded between the EU Force Commander and the Host State’s administrative authorities.
   Article 19
   Entry into force and termination
   1.   This Agreement shall be applied provisionally as from the day on which it is signed and it shall enter into force when each of the Parties has completed its national approval procedures and remain in force until the date of departure of the last EUFOR element and of the last EUFOR personnel, as notified by EUFOR.
   2.   Notwithstanding paragraph 1, the provisions laid down in Article 4(7), Article 5(1) to (3), (6) and (7), Article 6(1), (3), (4), (6) and (8) to (10), Article 10(2), Article 11, Article 13(1) and (2) and Article 15 shall be deemed to have applied from the date on which the first EUFOR personnel were deployed if that date was earlier than the date of entry into force of this Agreement.
   3.   This Agreement may be amended by written agreement between the Parties.
   4.   Termination of this Agreement shall not affect any rights or obligations arising out of the execution of this Agreement before such termination.

      Done at N’Djamena, 6 March 2008 in four original copies, in French.

      (1)  OJ L 279, 23.10.2007, p. 21.


title: Decision No 779/2007/EC of the European Parliament and of the Council of 20 June 2007 establishing for the period 2007-2013 a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III programme) as part of the General Programme Fundamental Rights and Justice

text:
               3.7.2007

               EN

               Official Journal of the European Union

               L 173/19

      DECISION No 779/2007/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 20 June 2007
   establishing for the period 2007-2013 a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III programme) as part of the General Programme ‘Fundamental Rights and Justice’
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 152 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee (1),
   Having regard to the opinion of the Committee of the Regions (2),
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),
   Whereas:

               (1)

               The Treaty lays down that in the definition and implementation of all Community policies and activities a high level of human health has to be ensured; Article 3(1)(p) thereof requires Community action to include a contribution to the attainment of a high level of health protection.

               (2)

               Community action should complement national policies directed towards improving public health, obviating sources of danger to human health.

               (3)

               Physical, sexual and psychological violence against children, young people and women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life, constitute a breach of their right to life, safety, freedom, dignity and physical and emotional integrity and a serious threat to the physical and mental health of the victims of such violence. Such violence, being so widespread throughout the Community, constitutes a genuine violation of fundamental rights, a health scourge and an obstacle to the enjoyment of safe, free and just citizenship.

               (4)

               The World Health Organisation (WHO) defines health as a state of complete physical, mental and social well being and not merely the absence of disease or infirmity. According to a 1996 WHO Assembly resolution, violence is a leading worldwide public health problem. In its report on violence and health of 3 October 2002 WHO recommends promoting primary prevention responses, strengthening responses for victims of violence and increasing collaboration and exchange of information on violence prevention.

               (5)

               These principles are recognised in numerous conventions, declarations and protocols of the main international organisations and institutions such as the United Nations, the International Labour Organisation (ILO) the World Conference on Women and the World Congress against Commercial Sexual Exploitation of Children.

               (6)

               The fight against violence should be placed within the context of the protection of fundamental rights, as recognised by the Charter of Fundamental Rights of the European Union (4) and the accompanying explanations, bearing in mind its status, which recognises, inter alia, the right to dignity, equality and solidarity. It includes a number of specific articles relating to protection and promotion of physical and mental integrity, equal treatment for men and women, the rights of the child and non-discrimination, as well as recognising the prohibition of inhuman or degrading treatment, slavery and forced labour, and child labour. It recognises that a high level of human health protection is necessary in the definition and implementation of all Community policies and activities.

               (7)

               The Commission has been called upon by the European Parliament to draw up and implement action programmes to combat such violence, inter alia, in its Resolutions of 19 May 2000 on the communication from the Commission to the Council and the European Parliament: ‘For further actions in the fight against trafficking in women’ (5); of 20 September 2001 on female genital mutilation (6); of 17 January 2006 on strategies to prevent the trafficking of women and children who are vulnerable to sexual exploitation (7); and of 2 February 2006 on the current situation in combating violence against women and any future action (8).

               (8)

               The Community action programme set up by Decision No 293/2000/EC of the European Parliament and of the Council of 24 January 2000 adopting a programme of Community action (Daphne programme) (2000 to 2003) on preventive measures to fight violence against children, young people and women (9) has helped to raise awareness within the European Union and to increase and consolidate cooperation between organisations in the Member States active in combating violence.

               (9)

               The Community action programme set up by Decision No 803/2004/EC of the European Parliament and of the Council of 21 April 2004 adopting a programme of Community action (2004 to 2008) to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne II programme) (10) further developed the results already achieved by the Daphne programme; according to Article 8(2) of Decision No 803/2004/EC the Commission shall take the necessary steps to ensure the consistency of the annual appropriations with the new financial perspectives.

               (10)

               It is desirable to ensure continuity for the projects supported by the Daphne and Daphne II programmes.

               (11)

               It is important and necessary to recognise the serious immediate and long-term implications of violence against children, young people and women for their physical and mental health and for their psychological and social development, as well as for the equal opportunities of those concerned, for individuals, families and communities, and the high social and economic costs to society as a whole.

               (12)

               Violence against women takes many forms ranging from domestic violence, which is prevalent at all levels of society, to harmful traditional practices associated with the exercise of physical violence against women, such as genital mutilation and honour-related crimes, which constitute a particular form of violence against women.

               (13)

               Children, young people or women who witness a near relative being assaulted should be regarded as victims of violence in accordance with the programme established by this Decision (the programme).

               (14)

               With regard to the prevention of violence, including abuse and sexual exploitation perpetrated against children, young people and women and the protection of victims and groups at risk, the European Union can bring added value to the actions predominantly to be undertaken by Member States by the following means: the dissemination and exchange of information, experience and good practices; the promotion of an innovative approach; the joint establishment of priorities; the development of networking as appropriate; the selection of Community-wide projects including projects supporting free-phone child helplines and hotlines for missing and sexually exploited children; the motivation and mobilisation of all parties concerned; and Europe-wide awareness-raising campaigns against violence. These actions should also encompass support for children, young people and women who are victims of trafficking in human beings.

               (15)

               As the root-causes and consequences of violence can often be effectively addressed by local and regional organisations acting in cooperation with their counterparts from other Member States, the programme should attach due weight to the preventive measures and actions in support of victims taking place at a local and regional level.

               (16)

               Since the objectives of this Decision, namely to prevent and combat all forms of violence against children, young people and women, cannot be sufficiently achieved by the Member States because of the need for an exchange of information at the Community level and for the Community-wide dissemination of good practices, and can be better achieved at Community level due to the need for a coordinated and multidisciplinary approach and by reason of the scale or impact of the programme, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.

               (17)

               This Decision lays down, for the entire duration of the programme, a financial envelope constituting the prime reference, within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (11), for the budgetary authority during the annual budgetary procedure.

               (18)

               Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (12), hereinafter ‘the Financial Regulation’, and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (13), which safeguard the Community’s financial interests, have to be applied, taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for their implementation and management, and the required proportionality between the amount of resources and the administrative burden related to their use.

               (19)

               Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities’ financial interests (14), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities’ financial interests against fraud and other irregularities (15) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (16).

               (20)

               The Financial Regulation requires a basic act to be provided to cover operating grants.

               (21)

               The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (17).

               (22)

               The balanced participation of women and men in the decision-making process is a key element in the achievement of substantive equality between women and men. The Member States should, therefore, use their best endeavours to achieve a gender balance in the composition of the committee referred to in Article 10,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   Subject matter and scope
   1.   Building on the policies and objectives laid down in the Daphne and Daphne II programmes, this Decision establishes a specific programme to prevent and combat violence against children, young people and women and to protect victims and groups at risk (Daphne III programme), hereinafter referred to as ‘the programme’, as part of the general programme ‘Fundamental Rights and Justice’, in order to contribute to a high level of protection from violence so as to enhance the protection of physical and mental health.
   2.   The programme shall cover the period from 1 January 2007 to 31 December 2013.
   3.   For the purposes of the programme, the term ‘children’ covers an age range of 0-18 years, in accordance with international instruments concerning the rights of the child.
   4.   However, projects with actions particularly designed for beneficiary groups such as, for example, ‘teenagers’ (13 to 19 years old) or people from 12 to 25 years old, shall be considered as targeting the category of ‘young people’.
   Article 2
   General objectives
   1.   The aim of the programme shall be to contribute to the protection of children, young people and women against all forms of violence and to attain a high level of health protection, well-being and social cohesion.
   2.   Without prejudice to the objectives and powers of the European Community, the general objectives of the programme shall contribute, especially where it concerns children, young people and women, to the development of Community policies, and more specifically to those related to public health, human rights and gender equality, as well as to actions aimed at protection of children’s rights, and the fight against trafficking in human beings and sexual exploitation.
   Article 3
   Specific objective
   The programme shall have the specific objective of contributing to the prevention of, and the fight against, all forms of violence occurring in the public or the private domain against children, young people and women, including sexual exploitation and trafficking in human beings, by taking preventive measures and by providing support and protection for victims and groups at risk. This shall be achieved by means of the following transnational actions, or other types of actions as referred to in Article 4:

               (a)

               assisting and encouraging non-governmental organisations (NGOs) and other organisations active in this field, as referred to in Article 7;

               (b)

               developing and implementing awareness-raising actions targeting specific audiences, such as specific professions, competent authorities, identified sectors of the general public and groups at risk, with a view both to improving understanding of and promoting the adoption of zero tolerance towards violence, and to encouraging support for victims and the reporting of incidences of violence to the competent authorities;

               (c)

               disseminating the results obtained under the Daphne and Daphne II programmes, including their adaptation, transfer and use by other beneficiaries or in other geographical areas;

               (d)

               identifying and enhancing actions contributing to positive treatment of people at risk of violence, namely following an approach that encourages respect for them and promotes their well-being and self-fulfilment;

               (e)

               setting up and supporting multidisciplinary networks with a view to strengthening cooperation between NGOs and other organisations active in this field;

               (f)

               ensuring the expansion of evidence-based information and the knowledge base, the exchange, identification and dissemination of information and good practice, including through research, training, study visits and staff exchange;

               (g)

               designing and testing awareness-raising and educational materials regarding the prevention of violence against children, young people and women, and supplementing and adapting those already available for use in other geographical areas or for other target groups;

               (h)

               studying phenomena related to violence and its impact, both on victims and on society as a whole, including the health-care, social and economic costs, in order to address the root causes of violence at all levels of society;

               (i)

               developing and implementing support programmes for victims and people at risk and intervention programmes for perpetrators, whilst ensuring the safety of victims.

         Article 4
   Types of actions
   With a view to pursuing the general and specific objectives set out in Articles 2 and 3, the programme shall support the following types of actions, under the conditions set out in the annual work programmes:

               (a)

               specific actions taken by the Commission, such as studies and research, opinion polls and surveys, development of indicators and methodologies, collection, development and dissemination of data and statistics, seminars, conferences and experts meetings, organisation of public campaigns and events, development and maintenance of a helpdesk service and websites, preparation and dissemination of information materials (including IT applications and training resources), establishment and facilitation of a stakeholder think-tank providing expert advice related to violence, support to other networks of national experts, and analytical, monitoring and evaluation activities;

               (b)

               specific transnational projects of Community interest involving at least two Member States under the conditions set out in the annual work programmes;

               (c)

               support to the activities of NGOs or other organisations, pursuing an aim of general European interest regarding the general objectives of the programme set out in Article 2 under the conditions set out in the annual work programmes.

         Article 5
   Participation of third countries
   The following countries may participate in the actions of the programme:

               (a)

               countries with which the European Union has signed a Treaty of Accession;

               (b)

               candidate countries benefiting from a pre-accession strategy, in accordance with the general principles and the general terms and conditions for the participation of those countries in Community programmes laid down, respectively, by the framework agreement and by decisions of the Association Councils;

               (c)

               EFTA States that are parties to the EEA Agreement, in accordance with the provisions of that Agreement;

               (d)

               the countries of the western Balkans, in accordance with the arrangements to be established with those countries under the framework agreements on the general principles for their participation in Community programmes.

         Projects may associate candidate countries not participating in the programme where this would contribute to their preparation for accession, or other third countries not participating in the programme where it serves the aim of the projects.
   Article 6
   Beneficiary and target groups
   1.   The programme shall benefit children, young people and women who are, or risk becoming, victims of violence.
   2.   The main target groups of the programme shall be, inter alia, families, teachers and educational staff, social workers, police and border guards, local, national and military authorities, medical and paramedical staff, judicial staff, NGOs, trade unions and religious communities.
   Article 7
   Access to the programme
   Access to the programme shall be open to private or public organisations and institutions (local authorities at the appropriate level, university departments and research centres) working to prevent and combat violence against children, young people and women or to protect against such violence or to provide support for victims or to implement targeted actions to promote rejection of such violence or to encourage attitude and behaviour change towards vulnerable groups and victims of violence.
   Article 8
   Types of intervention
   1.   Community funding may take the following legal forms:

               —

               grants,

               —

               public procurement contracts.

         2.   Community grants shall be awarded following consideration of applications arising from calls for proposals, save in duly substantiated exceptional cases of urgency or where the characteristics of the beneficiary leave no other choice for a given action. Community grants shall be provided through operating grants and grants to actions. The maximum rate of co-financing shall be specified in the annual work programmes.
   3.   Furthermore, expenditure may be made available for complementary measures, through public procurement contracts, in which case Community funds shall cover the purchase of services and goods, directly related to the aims of the programme. This shall cover, inter alia, expenditure on information and communication, preparation, implementation, monitoring, checking and evaluation of projects, policies, programmes and legislation.
   Article 9
   Implementing measures
   1.   The Commission shall implement the Community assistance in accordance with the Financial Regulation.
   2.   To implement the programme, the Commission shall, within the limits of the general objectives of the programme set out in Article 2, adopt an annual work programme specifying its specific objectives, thematic priorities, a description of accompanying measures envisaged in Article 8 and if necessary a list of other actions. The annual work programme shall establish the minimum percentage of annual expenditure to be awarded to grants.
   3.   The annual work programme shall be adopted in accordance with the management procedure referred to in Article 10(2).
   4.   The measures necessary for the implementation of this Decision in relation to all other matters shall be adopted in accordance with the advisory procedure referred to in Article 10(3).
   5.   The evaluation and award procedures relating to grants to actions shall take into account, inter alia, the following criteria:

               (a)

               the general and specific objectives as specified in Articles 2 and 3 and measures taken in the different areas as specified in Article 3 and conformity with the annual work programme;

               (b)

               the quality of the proposed action regarding its conception, organisation, presentation and expected results;

               (c)

               the amount requested for Community financing and its cost effectiveness as to expected results;

               (d)

               the impact of the expected results on the general and specific objectives of the programme defined in Articles 2 and 3 and on measures taken in the different areas as specified in Article 3;

               (e)

               innovation.

         6.   The applications for operating grants, referred to in Article 4(c), shall be assessed in the light of:

               (a)

               consistency with the programme objectives;

               (b)

               quality of the planned activities;

               (c)

               likely multiplier effect on the public of these activities;

               (d)

               geographic impact of the activities carried out;

               (e)

               citizen involvement in the organisation of the bodies concerned;

               (f)

               cost effectiveness ratio of the activity proposed.

         Article 10
   Committee
   1.   The Commission shall be assisted by a committee.
   2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.
   3.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
   4.   The committee shall adopt its rules of procedure.
   Article 11
   Complementarity
   1.   Synergies and complementarity with other Community instruments will be sought, particularly the general programmes ‘Security and Safeguarding Liberties’ and ‘Solidarity and Management of Migration Flows’, the Seventh Research and Development Framework Programme as well as the programmes on health protection, ‘Employment and Social Solidarity — PROGRESS’ and ‘Safer Internet Plus’. Complementarity will also be sought with the European Institute for Gender Equality. The statistical element of information on violence will be developed in collaboration with Member States, using as necessary the Community Statistical Programme.
   2.   The programme may share resources with other Community instruments, in particular the general programmes ‘Security and Safeguarding Liberties’, ‘Solidarity and Management of Migration Flows’ and the Seventh Research and Development Framework Programme in order to implement actions meeting the objectives of all the programmes.
   3.   Operations financed under this Decision shall not receive assistance for the same purpose from other Community financial instruments. The Commission shall ensure that the beneficiaries of the programme provide the Commission with information about funding received from the general budget of the European Union and from other sources, as well as information about ongoing applications for funding.
   Article 12
   Funding
   1.   The financial envelope for the implementation of this Decision is set at EUR 116,85 million for the period set out in Article 1.
   2.   The allocations for the actions provided for in the programme shall be entered in the annual appropriations of the general budget of the European Union. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.
   Article 13
   Monitoring
   1.   For any action financed by the programme, the Commission shall ensure that the beneficiary submits technical and financial reports on the progress of work. A final report shall also be submitted within three months of the completion of the action. The Commission shall determine the form and content of the reports.
   2.   The Commission shall ensure that the contracts and agreements resulting from the implementation of the programme will provide in particular for supervision and financial control by the Commission (or any representative authorised by it), if necessary by means of on-the-spot checks, including sample checks, and audits by the Court of Auditors.
   3.   For a period of five years following the last payment in respect of any action, the Commission shall require that the beneficiary of financial assistance keeps available for the Commission all the supporting documents regarding expenditure on the action.
   4.   On the basis of the results of the reports and sample checks referred to in paragraphs 1 and 2, the Commission shall, if necessary, adjust the scale or the conditions of allocation of the financial assistance originally approved and also the timetable for payments.
   5.   The Commission shall take every other step necessary to verify that the actions financed are carried out properly and in compliance with the provisions of this Decision and the Financial Regulation.
   Article 14
   Protection of Community financial interests
   1.   The Commission shall ensure that, when actions financed under this Decision are implemented, the financial interests of the Community are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Regulation (EC, Euratom) No 2988/95, Regulation (Euratom, EC) No 2185/96, and with Regulation (EC) No 1073/1999.
   2.   For the Community actions financed under the programme, Regulation (EC, Euratom) No 2988/95 and Regulation (Euratom, EC) No 2185/96 shall apply to any infringement of a provision of Community law, including infringements of a contractual obligation stipulated on the basis of the programme, resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the European Union or budgets managed thereunder by an unjustified item of expenditure.
   3.   The Commission shall reduce, suspend or recover the amount of financial assistance granted for an action if it finds irregularities, including non-compliance with the provisions of this Decision or the individual decision or the contract or agreement granting the financial support in question, or if it transpires that, without Commission approval having being sought, the action has been subjected to a change which conflicts with the nature or implementing conditions of the project.
   4.   If the time limits have not been observed or if only part of the allocated financial assistance is justified by the progress made with implementing an action, the Commission shall request the beneficiary to submit observations within a specified period. If the beneficiary does not give a satisfactory answer, the Commission may cancel the remaining financial assistance and demand repayment of sums already paid.
   5.   Any undue payment shall be repaid to the Commission. Interest shall be added to any sums not repaid in good time under the conditions laid down by the Financial Regulation.
   Article 15
   Evaluation
   1.   The programme will be monitored regularly in order to follow the implementation of activities carried out thereunder.
   2.   The Commission shall ensure the regular, independent, external evaluation of the programme.
   3.   The Commission shall submit to the European Parliament and the Council:

               (a)

               an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of the programme not later than 31 March 2011 accompanied by a list of the projects and measures financed;

               (b)

               a communication on the continuation of the programme not later than 31 May 2012;

               (c)

               an ex-post evaluation report, on the implementation and results of the programme not later than 31 December 2014.

         Article 16
   Publication of projects
   The Commission shall annually publish a list of the projects financed under the programme together with a brief description of each project.
   Article 17
   Transitional measures
   Decision No 803/2004/EC is hereby repealed. Actions commenced pursuant to that Decision shall continue to be governed by it, until their completion.
   Article 18
   Entry into force
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Strasbourg, 20 June 2007.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         G. GLOSER

      (1)  OJ C 69, 21.3.2006, p. 1.

      (2)  OJ C 192, 16.8.2006, p. 25.

      (3)  Opinion of the European Parliament of 5 September 2006 (not yet published in the Official Journal), Council Common Position of 5 March 2007 (not yet published in the Official Journal) and Position of the European Parliament of 22 May 2007 (not yet published in the Official Journal).

      (4)  OJ C 364, 18.12.2000, p. 1.

      (5)  OJ C 59, 23.2.2001, p. 307.

      (6)  OJ C 77 E, 28.3.2002, p. 126.

      (7)  OJ C 287 E, 24.11.2006, p. 75.

      (8)  OJ C 288 E, 25.11.2006, p. 66.

      (9)  OJ L 34, 9.2.2000, p. 1.

      (10)  OJ L 143, 30.4.2004, p. 1.

      (11)  OJ C 139, 14.6.2006, p. 1.

      (12)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (13)  OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 478/2007 (OJ L 111, 28.4.2007, p. 13).

      (14)  OJ L 312, 23.12.1995, p. 1, corrected by OJ L 36, 10.2.1998, p. 16.

      (15)  OJ L 292, 15.11.1996, p. 2.

      (16)  OJ L 136, 31.5.1999, p. 1.

      (17)  OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).


title: 2012/418/EU: Council Decision of 21 December 2011 on the signing, on behalf of the European Union, and provisional application of certain provisions of the Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part

text:
               31.7.2012

               EN

               Official Journal of the European Union

               L 204/18

         COUNCIL DECISION
   of 21 December 2011
   on the signing, on behalf of the European Union, and provisional application of certain provisions of the Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part
   (2012/418/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(3), Articles 91 and 100, Article 192(1), Articles 194, 207 and 209 in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 23 March 2006, the Council authorised the Commission to negotiate a Trade and Cooperation Agreement with the Republic of Iraq.

               (2)

               On 27 October 2009, the Council authorised modifications to the negotiation directives, on a proposal by the Commission, in order to enhance the status of the Agreement by replacing the term ‘Trade’ with the term ‘Partnership’ in the title and by establishing a Cooperation Council at ministerial level.

               (3)

               The Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part (‘the Agreement’) should be signed. Certain parts of the Agreement should be applied provisionally, pending the completion of the procedures for its conclusion.

               (4)

               The provisions of the Agreement that fall within the scope of Part Three, Title V of the Treaty on the Functioning of the European Union bind the United Kingdom and Ireland as separate Contracting Parties, and not as part of the European Union, unless the European Union together with the UK and/or Ireland have jointly notified Iraq that the United Kingdom or Ireland is bound as part of the European Union in accordance with Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of Freedom, Security and Justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union. If the United Kingdom and/or Ireland ceases to be bound as part of the European Union in accordance with Article 4a of Protocol No 21, the European Union together with the UK and/or Ireland shall immediately inform Iraq of any change in their position in which case they shall remain bound by the provisions of the Agreement in their own right. The same applies to Denmark in accordance with Protocol No 22 on the position of Denmark, annexed to those Treaties,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Partnership and Cooperation Agreement between the European Union and its Member States, of the one part, and the Republic of Iraq, of the other part, is hereby authorised on behalf of the Union, 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
   Pending the completion of the necessary procedures for its entry into force, Article 2, and Titles II, III, and V of the Agreement shall be applied provisionally, in accordance with Article 117 of the Agreement only in so far as it concerns matters falling within the Union’s competence, from the first day of the third month following the date on which the Union and Iraq have notified each other of the completion of the necessary procedures for provisional application.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 21 December 2011.

            For the Council

            The President

         M. DOWGIELEWICZ


Avis juridique important

|

31991D0387

91/387/EEC: Council Decision of 22 July 1991 amending Decision 87/569/EEC concerning an action programme for the vocational training of young people and their preparation for adult and working life (Petra)

Official Journal L 214 , 02/08/1991 P. 0069 - 0076 Finnish special edition: Chapter 5 Volume 5 P. 0066  Swedish special edition: Chapter 5 Volume 5 P. 0066

COUNCIL DECISION  of 22 July 1991  amending Decision 87/569/EEC concerning an action programme for the vocational training of young people and their preparation for adult and working life (Petra)  (91/387/EEC)THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 128 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Having regard to the opinion of the Economic and Social Committee (3),  Whereas the fundamental objectives of a common vocational-training policy set down in the second principle in Council Decision 63/266/EEC of 2 April 1963 laying down general principles for implementing a common vocational-training policy (4) refer, in  particular, to the need to guarantee adequate vocational training for all and to avoid any harmful interruption between the completion of general education and the commencement of vocational training;  Whereas the tenth principle in Decision 63/266/EEC states that special measures may be taken in respect of special problems concerning specific sectors of activity or specific categories of persons;  Whereas the Council, by Decision 87/569/EEC (5), adopted an action programme for the vocational training of young people and their preparation for adult and working life (called Petra) for a period of five years beginning on 1 January 1988; whereas the  Commission has presented an interim report on the implementation of that Decision;  Whereas the Council, by Decision 84/636/EEC (6), adopted a third joint programme to encourage the exchange of young workers within the Community; whereas the Commission has submitted on evaluation report on that programme;  Whereas the Council, by Decision 90/268/EEC (7), extended that programme up to 31 December 1991 with a view to taking a decision later on a Commission proposal establishing a new joint programme to encourage the exchange of young workers within the  Community;  Whereas, under Article 50 of the Treaty, Member States are to encourage, within the framework of a joint programme, the exchange of young workers;  Whereas the Community Charter of the fundamental social rights of workers, adopted at the European Council in Strasbourg on 9 December 1989 by the Heads of State and of Government of 11 Member States, states inter alia in point 23:  'Following the end of compulsory education, young people must be entitled to receive initial vocational training of a sufficient duration to enable them to adapt to the requirements of their future working life; for young workers, such training should  take place during working hours';  Whereas the conclusions of the Council and Ministers of Education meeting within the Council of 14 December 1989 (8) stressed the importance of the issues at stake in technical and vocational education and initial training at the national and European  levels and asked the Commission to determine the ways in which cooperation could be achieved in this area;  Whereas the European Parliament, in its resolution of 15 March 1989 on the social dimension of the internal market (9), emphasized the need to encourage transnational vocational-training initiatives;  Whereas the European Parliament, in its resolution of 16 February 1990 on Community education and training programmes (10), expressed concern about the fact that young people do not have equal opportunities in this area since existing Community  programmes are geared mainly to university students and unduly neglect young people at school or following vocational training courses, who are, be it said, in the majority;  Whereas, by their joint opinion of 26 January 1990 the social partners, in the framework of the Social Dialogue, emphasized the importance of high-quality education and initial vocational training leading to recognized qualifications as an essential and  irreplaceable condition for the successful integration of young people into working and economic life;  Whereas a Community dimension should be added to vocational qualifications to help to make them comparable between Member States, to bring about the internal market and to remove barriers to the free movement of persons within the Community;  Whereas it is important to respond to the new challenges facing vocational education and initial training; whereas it is necessary in particular to raise the status of such education and training; adapt its content, increase its coherence and  flexibility, in accordance with the principle of equality between women and men, stimulate cooperation between the bodies concerned, improve information and vocational guidance and support transnational training projects; whereas industry should be  encouraged to take part in and contribute financially to the programme;  Whereas this programme may also contribute to developing vocational training for young people, notably in the least-developed regions of the Community;  Whereas the Commission must be able to take the additional measures required for the implementation of this programme, by way of concerted action with the Member States;  Whereas it is essential that there should be consistency and complementarity between the projects to be carried out under this programme and the other relevant Community programmes and initiatives;  Whereas it is necessary, in the implementation of this programme, to ensure a balanced development of the measures;  Whereas provision should be made for a three-year programme;  Whereas an amount of ECU 177,4 million is estimated as necessary in order to implement the said multi-annual programme; whereas, for the period 1991 to 1992, as financial prospects stand at present, the amount estimated as necessary is ECU 29 million;  Whereas the amounts to the committed for financing the programme for the period following the 1992 budget year should be entered in the Community financial framework in force;  Whereas 30 % of the appropriations available should be used by way of priority for the benefit of the young people referred to in Article 1 (4) (b) and (c) of Decision 87/569/EEC, as amended by this Decision,  HAS DECIDED AS FOLLOWS:  Article 1  Decision 87/569/EEC is hereby amended as follows:  1. Article 1 shall be replaced by the following:  'Article 1  Objectives  1. A programme is hereby adopted for a three-year period from 1 January 1992 to support and supplement, through measures at Community level, the policies and activities of the Member States, which are doing their utmost to ensure that all young people  in the Community who so wish receive one or, if possible, two or more years' initial vocational training in addition to their full-time compulsory education, leading to a vocational qualification recognized by the competent authorities of the Member  State in which it is obtained.  2. The programme is also intended to:  (a) complement and support, pursuant to Article 2, Member States' policies to raise the standards and quality of initial vocational training, diversify vocational training provision so as to offer choice for young people with different levels of  ability, and enhance the capacity of systems of vocational training to adapt to rapid economic, technological and social change;  (b) add a Community dimension to vocational qualifications, in order to contribute in particular to the comparability of these qualifications between the Member States of the Community;  (c) stimulate and support practical cooperation and the development of training partnerships transnationally between training providers, industry and other promoters of local and regional development;  (d) develop opportunities for the young people referred to in paragraph 4 to benefit from periods of training or work experience in other Member States;  (e) foster Community cooperation in the sphere of vocational information and guidance.  3. For the purposes of this Decision and taking account of the different training systems in Member States, 'initial vocational training' is used to denote any form of initial vocational training of non-university level, including technical vocational  training and apprenticeship, which enables young people to gain a vocational qualification recognized by the competent authorities of the Member State in which it is obtained.  4. This programme is intended for young people aged up to 28 who are in one of the following situations:  (a) young people receiving initial vocational training;  (b) young workers who are in employment or are available on the labour market according to national laws and/or practices and have received initial vocational training or practical work experience;  (c) young people who are no longer receiving initial vocational training and are taking part in an advanced programme in order to complete their training.'  2. Articles 3 and 4 are hereby replaced by the following:  'Article 3  Community measures  In order to achieve the objectives stated in Article 1 and to support and complement the activities of the Member States referred to in Article 2, the Commission shall make a contribution by means of the following measures:  1. Support for transnational cooperation between initiatives of the kind set out in Article 2, including specific assistance to those involving young people in their planning, organization and implementation.  Such cooperation shall in particular promote within the Community:  (a) vocational training or work experience placements in another Member State; certificates referring to the placements must be issued;  (b) joint implementation of vocational training modules for young people, complying with national systems of training;  (c) joint training of trainers in initial or continuing vocational training for young people, complying with national systems of training.  2. Support for measures aimed at fostering Community cooperation in the sphere of vocational information and guidance by:  (a) supporting national systems for the exchange of vocational guidance data and information about good practice and effective methods in vocational guidance;  (b) providing support for additional training for guidance counsellors/specialists on European aspects of guidance.  3. Technical assistance, as necessary, in the implementation of this programme, comparative studies on vocational teaching and training issues, including surveys on the effectiveness of youth training programmes and review of the evolution of vocational  qualifications.  Article 4  Implementation  1. The Commission shall implement this programme in accordance with the provisions set out in the Annex, in consultation with the Member States.  2. Member States shall take the necessary steps to coordinate and implement this programme at national level, in particular by providing for the appropriate structures and mechanisms at national level.  Article 5  Consistency and complementarity  1. The Commission shall ensure that there is consistency and complementarity between the Community actions to be implemented under this programme and the other relevant Community programmes and initiatives, including initiatives launched in the  framework of the Structural Funds.  2. The Commission shall draw upon the assistance of the European Centre for the Development of Vocational Training in the implementation of this programme, subject to the conditions laid down in Council Regulation (EEC) No 337/75 of 10 February 1975  establishing a European Centre for the Development of Vocational Training (*).   (*) OJ No L 39, 13. 2. 1975, p. 1.  Article 6  Financing  1. The programme shall be for a period of three years.  2. The amount deemed necessary for the Community's financial means to implement the said programme shall be 'ECU 177,4 million, ECU 29 million of which shall be for the period 1991 to 1992, in the context of the 1988 to 1992 financial outlook.  For the period during which the programme is subsequently applied, the amount will be entered in the financial framework of the Community in force at the time.  3. The budget authority shall determine the appropriations available for each financial year, taking into account the principles of good management referred to in Article 2 of the financial regulation applicable to the general budget of the European  Communities.  4. Thirty per cent of the appropriations available is intended first for the young people referred to in Article 1 (4) (b) and (c).  Article 7  Committee  1. The Commission shall be assisted by an Advisory Committee composed of two representatives from each Member State and chaired by a representative of the Commission.  The members of the Committee may be assisted by experts or advisers.  Twelve representatives of both sides of industry, appointed by the Commission on the basis of proposals from the organizations representing employers and workers at Community level, shall participate in the work of the Committee as observers.  2. The representative of the Commission shall submit to the Committee a draft of the measures concerning:  (a) the general guidelines governing the programme;  (b) the general guidelines on the financial assistance provided by the Commission (amounts, duration and recipients of assistance);  (c) questions relating to the overall balance of the programme, including the breakdown between the various actions;  (d) the assessment of the programme with a view to the presentation of the reports specified in Article 8.  3. The Committee shall deliver its opinion on the draft, within a time limit which the Chairman may lay down according to the urgency of the matter, if necessary by taking a vote.  The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.  The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account.  4. To ensure the consistency of the measures referred to in paragraph 2 with other Community measures, the Commission shall keep the Committee regularly informed of its activites in the field of vocational training and exchanges of young workers,  including initiatives launched in the framework of the European Social Fund.  Article 8  Assessment and reports  1. The results of the measures taken pursuant to Article 3 and the Annex shall be subject to objective external assessment:  (a) for the first time, in the course of 1994;  (b) for the second time, in the course of 1995.  2. By 30 June 1993 at the latest and by 30 June 1995 at the latest, Member States shall send to the Commission a report on the steps taken to implement the objectives indicated in Article 1 and to give tangible expression to the common framework of  guidelines laid down in Article 2, including information on current arrangements to promote and finance initial vocational training.  3. The Commission shall present an interim report by 31 December 1993 at the latest and a final report by 31 December 1995 at the latest, including an overall evaluation of the implementation of this programme, to the European Parliament, the Council,  the Economic and Social Committee, the Advisory Committee on Vocational Training and the Education Committee set up under the resolution of 9 February 1976 of the Council and of the Ministers for Education, meeting within the Council (*).   (*) OJ No C 38, 19. 2. 1976, p. 1.'  Article 2  This Decision shall take effect on 1 January 1992. Done at Brussels, 22 July 1991. For the Council  The President  P. DANKERT   (1) OJ No C 322, 21. 12. 1990, p. 21. (2) OJ No C 158, 17. 6. 1991. (3) OJ No C 102, 18. 4. 1991, p. 2. (4) OJ No 63, 20. 4. 1963, p. 1338/63. (5) OJ No L 346, 10. 12. 1987, p. 31. (6) OJ No L 331, 19. 12. 1984, p. 36. (7) OJ No L 156, 21. 6.  1990, p. 8. (8) OJ No C 27, 6. 2. 1990, p. 4. (9) OJ No C 96, 17. 4. 1989, p. 61. (10) OJ No C 68, 19. 3. 1990, p. 175.    ANNEX  IMPLEMENTATION OF THIS PROGRAMME  (Articles 3 and 4)  ACTION A: SUPPORT FOR TRANSNATIONAL VOCATIONAL TRAINING PROJECTS  (Article 3 (1))  I. Vocational training or work experience placements in another Member State  (Article 3 (1) (a))  The Community will provide financial and technical assistance for vocational training or work experience placements in another Member State for the young people referred to in Article 1 (4).  I.1. Placements for the young people referred to in Article 1 (4) (a)  1.1. In order to be eligible for Community aid, placements must:  (a) form an integral and recognized part of the initial vocational training process;  (b) embody clear training objectives which have been mutually agreed between the trainees and the sending and hosting organizations.  1.2. Placements must be targeted on specific vocational sectors related to the participants' vocational training needs.  Each placement must involve a significant added value, e.g. experience of different training methods or equipment, new content, new forms of training partnerships, etc.  Particular attention must be given to exchanges between undertakings, including between small and medium-sized undertakings, and to exchanges between organizations representing several undertakings, which must have a greater opportunity to implement  mutual exchange programmes.  1.3. The duration of placements shall normally be three weeks.  Placements may be of a shorter duration or be extended to up to 12 weeks if the nature of the work experience or the training objectives so justify.  1.4. For the implementation of placements, the Community will provide overall financial aid to the individual Member States, as a Community contribution towards covering:  - subsistence costs during the placement in another Member State,  - travel costs, up to 75 %,  - the costs of preparatory language training obviating obstacles for potential participants,  - the cost incurred for the organization, including costs entailed by preparatory visits and on-the-spot monitoring,  - the cost incurred for the coordination and publicizing of placement programmes in each Member State.  The Community contribution shall be considered as averaging ECU 700 per three-week placement and may in no instance exceed ECU 3 700 per placement.  I.2. Placements for the young people referred to in Article 1 (4) (b) and (c)  2.1. To be eligible for Community aid, placements must provide new vocational or training experience for the participants which will:  (a) develop their vocational knowledge and enrich their practical experience;  (b) promote their awareness of the problems of the working world in the Community;  (c) bring them into contact with the working environment of the host country;  (d) improve their knowledge of living conditions and social relations in the host country; and  (e) promote adequate information on the Community's objectives and how it functions, particularly in its human, civic and social dimension.  2.2. Placements shall be organized on the basis of written agreements between the participants - and/or, as necessary, their employers - and the host bodies.  These agreements must include a detailed description of the objectives, content and arrangements for each placement.  The placement must be targeted on specific vocational sectors relating either to the vocational training of the participants or to their vocational activities, or to new vocational activities.  2.3. The duration of placements shall normally be three months.  Placements may be of a shorter duration or be extended to up to one year if the nature of the work experience or the training objectives so justify.  2.4. For the implementation of the placements, the Community will provide overall financial aid to the individual Member States, as a Community contribution towards covering:  - subsistence costs during the placement in another Member State,  - travel costs, up to 75 %,  - the costs of preparatory language training obviating obstacles for potential participants,  - the cost incurred for the organization, including costs entailed by preparatory visits and on-the-spot monitoring,  - the cost incurred for the coordination and publicizing of placement programmes in each Member State.  The Community contribution shall be considered as averaging ECU 2 700 per three-month placement and may in no instance exceed ECU 4 800 per placement.  I.3. Award of the Community financial contribution  In calculating the overall aid awarded to each Member State, taking into consideration the need to ensure a balanced flow of exchanges in the Community, quantitative objectives will be assigned in relation to the number of young people under 28 years of  age in the population.  The method of calculation will also take account of:  - the gross domestic product of each Member State, and  - the geographical distance between Member States as well as transport costs.  I.4. Implementing and organizational arrangements  Member States shall make the necessary arrangements to:  - administer the Community financial aid,  - assist placement organizers in the identification of potential partners and placements,  - help match supply and demand,  - ensure adequate preparation, organization and on-the-spot support.  Applications for grants shall be received and processed, in accordance with the specific guidelines adopted at Community level, by the structures designated by the Member States pursuant to Article 4 (2).  II. Joint development of vocational training modules - Joint training of trainers for vocational training  (Article 3 (1) (b) and (c)  The Community will extend its financial and technical support for transnational cooperation between initiatives participating in the Petra programme's European Network of Training Partnerships whose aims are:  - the joint development of vocational training modules, and the corresponding transfer of credits, in compliance with national systems of training, and/or  - the joint training of trainers for vocational training.  II.1. Joint development of vocational training modules  Community assistance shall be granted for training institutions or projects wishing to engage, on a bilateral or multilateral basis, in medium or long-term cooperation on the development and implementation of joint training, especially the development  of new qualifications and new vocational profiles, involving:  (a) training units and methods of assessment which can be adapted for use by, or integrated into, recognized training provision in the different Member States;  (b) training units to form distinct components of integrated transnational programmes, i.e. programmes in which certain complementary elements of a total training course are provided by one or more training institutions in one or more Member States.  II.2. Joint training of trainers in vocational training  Community assistance shall be granted to support bilateral or multilateral transnational partnerships aimed at the initial or continuing training of trainers for vocational training on aspects of common concern.  The partnerships may involve, for example, joint training seminars, exchanges or joint development of vocational training material.  II.3. Community financial contribution  The Community will provide a financial contribution considered as averaging ECU 30 000 per project, normally for a period of two years, to projects proposed by the Member States.  The contribution shall be annual and towards the costs involved in the development of a transnational partnership, including preparatory costs.  II.4. Implementing and organizational arrangements  4.1. Projects shall be proposed by the Member States in order to participate in the Petra programme's European network of training partnerships.  Technical support and follow-up for the projects, both at Community level and in the Member States, will be provided by the network's operational arrangements.  Applications for grants will be received and processed by the Commission in consultation with the Member States.  4.2. Projects covered by the network may also be eligible for the Community aid provided for under I.1.1. and I.1.2.  In this case the activities specified in the projects must be in keeping with I.1.4.  ACTION B: SUPPORT FOR MEASURES AIMED AT FOSTERING VOCATIONAL INFORMATION AND GUIDANCE  (Article 3 (2))  The Community will support national systems for the exchange of vocational guidance data and information about good practice and effective methods in vocational guidance whose purpose is to ensure:  - that all young people receive suitable information, practical advice and individual counselling and help, to make them aware of the vocational training options available to them, enable them to assess their strengths and make informed choices,  motivate them to strive for vocational qualifications and facilitate their access to training,  - that, as part of this process, all young people and their parents:  - are given the means to obtain up-to-date information on training opportunities and guidance services available in other Member States, and  - are encouraged and helped to use this information.  I. Networking the exchange of guidance data  I.1. The Community will provide financial and technical support for the establishment of a Community network of national contact points or centres which will develop and update data for use by guidance services in all Member States.  I.2. Member States shall propose projects for cooperation to the Commission.  The Commission shall accept these projects on the basis of an assessment of the activities proposed, conducted in conjunction with the Member States.  I.3. Applications for grants shall be received and processed by the Commission in consultation with the Member States.  The Community contribution shall be considered as averaging ECU 100 000 per project per year.  II. Training of guidance counsellors and specialists  II.1. The Community will provide financial support for measures to train guidance counsellors and specialists on Community aspects of guidance.  Training may take the form of bilateral or multilateral training seminars initially involving trainers of guidance personnel from the different Member States.  II.2. Member States shall propose training projects to the Commission.  The Commission shall accept these projects on the basis of an assessment of the activities proposed, conducted in conjunction with the Member States.  II.3. Applications for grants shall be received and processed by the Commission in consultation with the Member States.  The Community contribution shall be considered as averaging ECU 200 000 per year per multilateral training action, including the costs incurred for the preparation and development of training materials.  ACTION C: COMPLEMENTARY MEASURES  The Commission will take the necessary complementary measures. This will include the dissemination of results, by means of publications, seminars, etc., as well as the continuation of support for transnational cooperation in studies on specific issues  in initial vocational training.  In addition, the Commission will provide the technical support required for the implementation of the programme and the coordination and evaluation of the actions supported under it.  As necessary, the Commission will call upon technical support and specialized institutions and organizations.


title: 2011/371/EU: Council Decision of 20 June 2011 appointing an Austrian alternate member of the Committee of the Regions

text:
               25.6.2011

               EN

               Official Journal of the European Union

               L 166/27

         COUNCIL DECISION
   of 20 June 2011
   appointing an Austrian alternate member of the Committee of the Regions
   (2011/371/EU)
   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 from the Austrian Government,
   Whereas:

               (1)

               On 22 December 2009 and 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               An alternate member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Ms Johanna MIKL-LEITNER,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed to the Committee of the Regions as alternate member for the remainder of the current term of office, which runs until 25 January 2015:

               —

               Ms Barbara SCHWARZ, Amt der NÖ Landesregierung.

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

      Done at Luxembourg, 20 June 2011.

            For the Council

            The President

         MATOLCSY Gy.

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.