title: 2005/553/EC: Decision of the European Parliament of 12 April 2005 on closing the accounts of the sixth, seventh, eighth and ninth European Development Funds for the financial year 2003

text:
               27.7.2005

               EN

               Official Journal of the European Union

               L 196/152

      DECISION OF THE EUROPEAN PARLIAMENT

   of 12 April 2005
   on closing the accounts of the sixth, seventh, eighth and ninth European Development Funds for the financial year 2003
   (2005/553/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the report on the follow-up to 2002 discharges (COM(2004) 0648 — C6-0126/2004),
   having regard to the balance sheets and accounts of the sixth, seventh, eighth and ninth European Development Funds for the financial year 2003 (COM(2004) 0667 — C6-0165/2004),
   having regard to the financial management report on the sixth, seventh, eighth and ninth European Development Funds for the year 2003 (SEC(2004) 1271),
   having regard to the Annual Report of the Court of Auditors on the activities of the sixth, seventh, eighth and ninth European Development Funds concerning the financial year 2003 together with the institutions’ replies (1),
   having regard to the Court of Auditors’ Statement of Assurance on the European Development Funds (2),
   having regard to the Council’s recommendations of 8 March 2005 (6865/2005 — C6-0078/2005, 6866/2005 — C6-0079/2005, 6867/2005 — C6-0080/2005, 6868/2005 — C6-0081/2005),
   having regard to Article 33 of the Internal Agreement of 20 December 1995 between the representatives of the Governments of the Member States, meeting within the Council, on the financing and administration of the Community aid under the Second Financial Protocol to the fourth ACP-EC Convention (3),
   having regard to Article 32 of the Internal Agreement of 18 September 2000 between the Representatives of the Governments of the Member States, meeting within the Council, on the Financing and Administration of Community aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000 and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (4),
   having regard to Article 74 of the Financial Regulation of 16 June 1998 applicable to development finance cooperation under the fourth ACP-EC Convention (5)

   having regard to Article 119 of the Financial Regulation of 27 March 2003 applicable to the 9th European Development Fund (6)

   having regard to Rules 70, 71 (third indent) of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development (A6-0069/2005),

               1.

               Notes that the financial situation of the sixth, seventh, eighth and ninth European Development Funds as at 31 December 2003 was as follows:
               Cumulative utilisation of EDF resources as at 31 December 2003

                           (EUR million)

                              Situation at end of 2002

                              Budgetary implementation during the financial year 2003

                              Situation at end of 2003

                           Global amount

                           Implementation rate % (9)

                           sixth EDF

                           seventh EDF

                           eighth FED (10)

                           ninth FED (11)

                           Global amount (11)

                           sixth EDF

                           seventh EDF

                           eighth FED (10)

                           ninth FED (11)

                           Global amount (11)

                           Implementation rate % (9)

                              A — RESOURCES
                               (7)

                              32 840,4

                           – 357,5

                           – 585,6

                           – 1 736,7

                           15 493,1

                              12 813,3

                              7 471,6

                              10 926,1

                              11 762,9

                              15 493,1

                              45 653,7

                           B — UTILISATION

                                          1.

                                       Financial commitments

                              29 921,2

                              91,1

                              – 13,1

                              – 2,6

                              255,1

                              3 522,4

                              3 761,8

                              7 471,6

                              10 926,1

                              11 762,9

                              3 522,4

                              33 683,0

                              73,8

                                          2.

                                       Individual legal commitments

                              24 824,2

                              75,6

                              30,7

                              311,7

                              1 406,6

                              1 133,7

                              2 882,7

                              7 349,6

                              10 297,1

                              8 926,5

                              1 133,7

                              27 706,9

                              60,7

                                          3.

                                       Payments
                                        (8)

                              21 536,4

                              65,6

                              47,0

                              486,2

                              1 559,6

                              281,7

                              2 374,5

                              7 282,1

                              9 718,6

                              6 628,5

                              281,7

                              23 910,9

                              52,4

                              C — Outstanding payments (B1-B3)

                              8 384,8

                              25,5

                              189,5

                              1 207,5

                              5 134,4

                              3 240,7

                              9 772,1

                              21,4

                              D — Available balance (A-B1)

                              2 919,2

                              8,9

                              0,0

                              0,0

                              0,0

                              11 970,7

                              11 970,7

                              26,2

                              Source: Court of Auditors, Annual report concerning the financial year 2003, p. 403.

               2.

               Approves the closure of the accounts in respect of the implementation of the sixth, seventh, eighth and ninth European Development Funds for the financial year 2003;

               3.

               Instructs its President to forward this decision to the Commission, the Council, the Court of Auditors and the European Investment Bank, and to have it published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 293, 30.11.2004, p. 315.

      (2)  OJ C 293, 30.11.2004, p. 327.

      (3)  OJ L 156, 29.5.1998, p. 108.

      (4)  OJ L 317, 15.12.2000, p. 355.

      (5)  OJ L 191, 7.7.1998, p. 53.

      (6)  OJ L 83, 1.4.2003, p. 1.

      (7)  Initial allocations to the sixth, seventh, eighth and ninth EDFs, interest, sundry resources and transfers from previous EDFs.

      (8)  Including Stabex transfers (seventh EDF: EUR 104 million, eighth EDF: EUR 87 million, total EUR 191 million).

      (9)  As a percentage of resources.

      (10)  Including EUR 732,9 million in financial commitments, EUR 347,4 million in individual legal commitments and EUR 97,7 million in payments for advance implementation of the Cotonou Agreement.

      (11)  NB: for ease of comparison with previous years, these figures include operations now managed autonomously by the EIB (allocation: EUR 2 245 million, financial commitments: EUR 366 million, individual legal commitments: EUR 140 million, payments: EUR 4 million).

      Source: Court of Auditors, Annual report concerning the financial year 2003, p. 403.

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      containing the comments which are an integral part of the decision on the discharge to the Commission for implementing the budget of the sixth, seventh, eighth and ninth European Development Funds for the financial year 2003
      THE EUROPEAN PARLIAMENT,
      having regard to the report on the follow-up to 2002 discharges (COM(2004) 0648 — C6-0126/2004),
      having regard to the balance sheets and accounts of the sixth, seventh, eighth and ninth European Development Funds for the financial year 2003 (COM(2004) 0667 — C6-0165/2004),
      having regard to the Annual Report of the Court of Auditors of the activities of the sixth, seventh, eighth and ninth European Development funds concerning 2003 together with the institutions’ replies (1),
      having regard to the Court of Auditors’ Statement of Assurance on the European Development Funds (2),
      having regard to its resolution of 1 March 2001 on the Commission communication to the Council and the European Parliament on the European Community’s Development Policy (3),
      having regard to its resolution of 22 April 2004 on the Commission communication to the Council and the European Parliament on Building our common future; policy challenges and budgetary means of the enlarged Union 2007 to 2013 (4),
      having regard to the EuropeAid Cooperation Office’s annual activity report 2003,
      having regard to the Annual Report 2004 from the Commission to the Council and the European Parliament on the European Community’s development policy and external assistance (COM(2004) 0536),
      having regard to the Council’s recommendations of 8 March 2005 (6865/2005 — C6-0078/2005, 6866/2005 — C6-0079/2005, 6867/2005 — C6-0080/2005, 6868/2005 — C6-0081/2005),
      having regard to Article 33 of the Internal Agreement of 20 December 1995 between the representatives of the Governments of the Member States, meeting within the Council, on the financing and administration of the Community aid under the Second Financial Protocol to the fourth ACP-EC Convention (5),
      having regard to Article 32 of the Internal Agreement of 18 September 2000 between the Representatives of the Governments of the Member States, meeting within the Council, on the Financing and Administration of Community aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000 and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (6),
      having regard to Article 74 of the Financial Regulation of 16 June 1998 applicable to development finance cooperation under the fourth ACP-EC Convention (7),
      having regard to Articles 119 and 120 of the Financial Regulation of 27 March 2003 applicable to the ninth European Development Fund (8),
      having regard to Rules 70, 71 (third indent) of and Annex V to its Rules of Procedure,
      having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development (A6-0069/2005),

                  A.

                  Whereas Article 119 of the Financial Regulation of 27 March 2003 requires the Commission to take all appropriate steps to act on the observations accompanying the decision giving discharge and to report, at the request of the European Parliament, on the measures taken in the light of those observations and comments.

                  B.

                  Whereas the reform of the management of the EC’s external assistance was launched in May 2000 (9) and the reform of the EC’s development policy in November 2000 (10).

                  C.

                  Whereas the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (the Cotonou Agreement) (11), entered into force on 1 April 2003,

            1.   Takes the view that development policy is an essential component of the Union’s external action, the aim of which is to eradicate poverty by bolstering social, educational and health-related infrastructure, increasing the production capacity of poor populations and granting support to the countries concerned to enable them to increase growth and local potential; stresses that the achievement of the Millennium Development Goals (MDGs) would be a major step towards reaching this objective; takes the view that the EDF is an important tool for carrying out this policy in the ACP countries and that it must be made more effective through a greater focus on actions aimed at poverty eradication and through faster implementation in tandem with greater transparency, greater accountability and compliance with the principles of sound financial management;
      2.   Recognises the Commission’s efforts to focus its development operations on the achievement of the MDGs including the identification of 10 key indicators; welcomes the use of these key indicators in the EDF mid-term reviews for assessing the progress towards poverty eradication; calls on the Commission to step up its efforts to that end and recommends that 35 % of European Union development cooperation spending be given over to achieving the MDGs;
      3.   Recognises the problems of measuring the impact of Community assistance on the achievement of the MDGs in multi-donor environments; deplores the fact that the Commission has not made efforts to establish an appropriate mechanism to measure such an impact and thus confines itself to measuring the progress of the developing countries towards the MDGs; deplores the fact that the Commission’s replies to the Development Committee’s questionnaire are particularly vague as regards the implementation of the MDGs in the Commission’s development actions;
      4.   Welcomes the improvements made by the Commission in its reporting system and recognises the improved quality of the Annual Report 2004 on EC Development Policy and External Assistance (COM(2004) 0536 and SEC(2004) 1027);
      5.   Decides to introduce an annual plenary debate on the Commission’s Annual Report on EC Development Policy and External Assistance;
      6.   Welcomes the fact that in 2003 out of a total financing for ACP countries (EDF and EU general budget) of EUR 4 079 million, 33 % (EUR 1 346 million) was committed for social infrastructure and services; deplores the fact that only EUR 62 million (1,5 %) was earmarked for basic education and EUR 212 million (5,2 %) for basic health; urges the Commission to increase funding for these sectors and calls for 20 % of European Union development cooperation spending to be earmarked for basic education and health in the developing countries;
      Accounts

                  7.

                  Notes that the balance sheets and accounts were forwarded late; notes that modernisation of the EDF accounts is scheduled to be ready within the deadlines set; looks forward to receiving the report of the Commission Accountant on the state of the Commission accounts, including the EDF accounts, as at 1 January 2005; asks to be kept informed of progress with modernisation of the new integrated IT system (ABAC-FED);

                  8.

                  Notes that although EDF funds managed by the EIB are not audited by the Court of Auditors or controlled by Parliament as part of the discharge procedure, they are consolidated in the EDF accounts; considers that transparency would be enhanced if information on these funds were provided to the discharge authority which is responsible for signing off the EDF accounts;

            Statement of Assurance

                  9.

                  Notes that, with the exception of problems relating to the following (12), the Court of Auditors is of the opinion that the accounts reliably reflect the revenue and expenditure relating to the sixth, seventh, eighth and ninth EDFs:

                              (a)

                              amounts payable to the EDFs and not included in the balance sheet at 31 December 2003 (EUR 27,5 million),

                              (b)

                              advances (EUR 400 million),

                              (c)

                              Stabex funds,

                              (d)

                              funds transferred to the EIB and not utilised (EUR 209 million);

                  10.

                  Notes the Court’s view that the Director-General of the EuropeAid Cooperation Office should have expressed a reservation in the Annual Activity Report and declaration concerning debts still to be established and the correct use of the Stabex funds as he did not have sufficient information available at the time to draw well-founded conclusions;

                  11.

                  Notes that, with regard to the underlying transactions, the Court of Auditors is of the opinion that the revenue entered in the accounts, the EDF allocations and the commitments and the payments for the financial year are, taken as a whole, legal and regular; notes that the Court of Auditors has formed its opinion based on analysis of the supervisory systems and controls, audit of a number of transactions and analysis of the annual activity report and declaration of the Director-General of the EuropeAid Cooperation Office;

                  12.

                  Urges the Commission to address the following weaknesses noted by the Court of Auditors concerning supervisory systems and controls:

                              (a)

                              the effects of the implementation of internal control standards are limited because their implementation in delegations is tied to the devolution process, which was not due to be completed until the end of 2004;

                              (b)

                              action plans need to be continued and implemented more fully, particularly at delegation level, in order to provide an effective future framework for supervisory systems and controls;

                              (c)

                              the supervisory systems and controls covering contracts and payments, although generally well designed, require improved implementation;

            Financial Management Report

                  13.

                  Notes that the Financial Management Report was forwarded late; praises the quantity and quality of information contained in the Financial Management Report, including information specifically requested by Parliament in its 2002 discharge recommendation; asks the Commission to further enhance this report in future, in particular to allow comparison of the sums channelled into projects, budget support and non-programmable aid under the ninth EDF with those under earlier EDFs and to permit an overview of the EDF’s administrative costs;

            Accountability

                  14.

                  Notes that while the Commissioner for Development and Humanitarian Aid is responsible for EDF policy, the Commissioner for External Relations and European Neighbourhood Policy is responsible for all general policy and management matters concerning the functioning of EuropeAid, which implements the EDF; notes that the Commissioner for Development and Humanitarian Aid is empowered to take decisions related to the EDF and the specific budget lines for which he bears responsibility; remains to be convinced that this ‘empowerment’ will allow the Commissioner for Development and Humanitarian Aid to take full political responsibility for the implementation of the programmes financed by the EDF and the Development Policy area through EuropeAid when EuropeAid reports to the Commissioner for External Relations and European Neighbourhood Policy; remains concerned that the lack of clarity over responsibility may create ambiguities with regard to accountability for the EDF;

            Implementation and the RAL

                  15.

                  Welcomes the increases in budget implementation recorded in 2003; notes, nevertheless, that with the introduction of the ninth EDF and the rapid commitment of new funds the level of unspent resources (RAL — reste à liquider) rose by over EUR 1 000 million from EUR 8 385 million at the end of 2002 to EUR 9 410 million at the end of 2003; finds that this level is unacceptably high and urges the Commission to speed up disbursement of EDF aid;

                  16.

                  Points out that, while desirable, more rapid implementation alone is not sufficient to conclude that the performance of the EDF has improved — better achievement of objectives is also required; notes the comparison between objectives and achievements included in the Financial Management Report but asks the Commission to make more effort to set quantifiable objectives as defined in the Financial Regulation;

                  17.

                  Notes that a number of Member States did not pay their contributions in full in 2003 which, combined with a payment to the Global Health Fund, caused the Commission to run short of funds and defer payments; urges Member States to respect their legal obligations with regard to EDF contributions;

            Budgetary support

                  18.

                  Notes the increasing significance of budget support with EUR 390 million disbursed in 19 ACP countries in 2003; acknowledges that budget support can contribute effectively towards realising the objectives of reducing poverty and improving public financial management in recipient countries, in particular by giving them a greater sense of ‘ownership’; underlines the importance of the ‘variable tranche approach’; urges the Commission to improve its instruments to assess economic reforms and the quality of public financial management as conditions for the eligibility for budget support;

                  19.

                  Understands that when budget support funds have been released to an ACP state they are spent and controlled according to national and not EDF control procedures; is aware that this necessitates a change in the Commission’s follow-up procedures away from traditional controls and checks of transactions towards an assessment of the state of public finance management based on monitoring information and performance indicators;

                  20.

                  Notes, however, that the Court again observes that the criteria for releasing budgetary support funds largely consist of macroeconomic indicators, which provide only part of the information about the management of public finances; recalls the request made in the 2002 discharge report for an assessment of the extent to which all three conditions set out in Article 61(2) of the Cotonou Agreement (13) have been met; agrees with the Court that assessments should be formalised in terms of each of these criteria;

                  21.

                  Notes that other donors are also increasing the use of budgetary support and that the Commission is cooperating with such donors, notably the World Bank, on the development of indicators to assess the performance of public finance management; notes the information provided by the Commission in response to the 2002 discharge request for a report on the state of play of work within the Public Expenditure and Financial Accountability Programme on the preparation of public finance management performance indicators; notes the Commission’s assertion that a tentative framework was agreed in early 2004, that testing of the tool developed was planned to start by the end of 2004 and that a decision on finalisation of the analytical framework should be taken by June 2005; asks to be updated by 1 September 2005 on the Programme’s work;

            Supreme Audit Institutions

                  22.

                  Recalls the importance attached by Parliament, the Council and the Court of Auditors to involving ACP States’ Supreme Audit Institutions (SAIs) in EDF control (14);

                  23.

                  Notes the information provided by the Commission in its Financial Management Report on funds spent on projects involving SAIs in the 2003 financial year, as requested by Parliament in its 2002 discharge report;

                  24.

                  Notes that the Commission is considering different modalities for supporting and promoting the role of the SAIs in the ACP States; asks for an assessment of the various options under consideration in time for the next discharge exercise;

            Budgetisation

                  25.

                  Considers that budgetisation of the EDF would remove many of the complications and difficulties of implementing successive EDFs, help speed up disbursement and eliminate the current democratic deficit; considers that this issue should be addressed in the framework of the discussion on the new Financial Perspectives;

            Devolution of management of aid and support

                  26.

                  Supports the Commission’s devolution of resources and decision-making powers to the Delegations of the Commission; expects that this new organisational structure will contribute to even higher implementation levels for commitments and payments than those achieved by the Commission in 2003;

                  27.

                  Understands, however, that as well as providing benefits the new structure carries risks; finds the Commission staff working paper ‘Outline of Risks Linked to External Assistance’ useful;

                  28.

                  Notes the Commission’s report on the Evaluation of the Devolution Process (15); is aware that the deconcentration exercise is nearing completion; seeks reassurance that appropriate controls are accompanying the devolution of resources and decision-making powers to delegations; asks for a report in time for the next discharge exercise outlining the state of play of the devolution process, describing the expected benefits with quantifiable indicators and setting out the benefits so far achieved, and detailing the control structures in place in delegations, including the state of implementation of the internal control standards;

                  29.

                  Notes the Commission’s assertion that it has sufficient staff, sufficiently well qualified and trained in financial management, in delegations; notes, nevertheless, that the Commission is at the bottom end of the range in terms of the ratio of staff managing EUR 10 million compared to the other main donors;

                  30.

                  Notes the risks of the devolution process of the Commission delegations in ACP countries, such as difficulties in finding appropriate staff and the possibility of incoherent interpretation of rules between Commission delegations; underlines the need to improve the rules and to find a balance between reinforced control mechanisms and the need for reporting on one hand, and efficient and speedy decision-making locating the main decisions on projects in the delegations on the other;

            Stabex Funds

                  31.

                  Notes that the Commission made an inventory of Stabex funds in 2003 which indicated that around EUR 700 million remain to be committed in the local accounts of beneficiary countries; notes that although funds in these accounts have been transferred to the beneficiary countries and have formally left the EDF accounts, the Commission continues to share responsibility for these funds and retains control over their proper use; notes the Court’s observation that a lack of appropriate monitoring does not allow the Commission to check the use of the funds; notes that the Commission intends to introduce better monitoring procedures by the end of 2004 to be fully operational by 2005; urges the Commission to work with the beneficiary countries to enhance monitoring and ensure that the outstanding funds are committed as rapidly as possible;

            Evaluation

                  32.

                  Welcomes the efforts made by the Commission in internal control allowing it to meet the majority of the standards; is concerned, however, about the Commission’s inability to meet internal control standard 23 concerning evaluation because of capacity constraints; asks the Commission to report on how it intends to ensure that evaluation is properly carried out and followed up and to advise as to when it feels it will be able to meet the standard;

            Deadlines

                  33.

                  Invites the Commission to forward, and the Council to adopt, the following proposal for modification of the first sentence of Article 119(1) of the Financial Regulation:
                  ‘Before 30 June of year N +2 the European Parliament, upon a recommendation from the Council acting by a qualified majority, shall give a discharge to the Commission in respect of the financial implementation for year N of the EDF resources, which it manages in accordance with Article 1(2).’

         (1)  OJ C 293, 30.11.2004, p. 315.

         (2)  OJ C 293, 30.11.2004, p. 327.

         (3)  OJ C 277, 1.10.2001, p. 130.

         (4)  Texts Adopted, P5_TA(2004) 0367.

         (5)  OJ L 156, 29.5.1998, p. 108.

         (6)  OJ L 317, 15.12.2000, p. 355.

         (7)  OJ L 191, 7.7.1998, p. 53.

         (8)  OJ L 83, 1.4.2003, p. 1.

         (9)  Communication to the Commission on the Reform of the Management of External Assistance, adopted by the Commission on 16 May 2000.

         (10)  Statement by the Council and the Commission on the European Community’s Development Policy, adopted by the General Affairs Council (Development) on 10 November 2000.

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

         (12)  Court of Auditors, Annual Report concerning the financial year 2003, p. 387.

         (13)  Direct budgetary assistance in support of macroeconomic or sectoral reforms shall be granted where:

                  (a)

                  public expenditure management is sufficiently transparent, accountable and effective,

                  (b)

                  well defined macroeconomic or sectoral policies established by the country itself and agreed to by its main donors are in place, and

                  (c)

                  public procurement is open and transparent.

         (14)  See points 21 to 24 in the Resolution containing the comments accompanying the decision concerning discharge to the Commission in respect of the implementation of the budget of the sixth, seventh and eighth European Development Funds for the financial year 2002 (OJ L 330, 4.11.2004, p. 128).

         (15)  SEC(2004) 0561, 6.5.2004.


title: Council Decision (CFSP) 2016/35 of 14 January 2016 amending Decision 2010/413/CFSP concerning restrictive measures against Iran

text:
               15.1.2016

               EN

               Official Journal of the European Union

               L 10/15

         COUNCIL DECISION (CFSP) 2016/35
   of 14 January 2016
   amending Decision 2010/413/CFSP concerning restrictive measures against Iran
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 26 July 2010, the Council adopted Decision 2010/413/CFSP (1) concerning restrictive measures against Iran.

               (2)

               On 24 November 2013, China, France, Germany, the Russian Federation, the United Kingdom and the United States, supported by the High Representative of the Union for Foreign Affairs and Security Policy, reached an agreement with Iran on a Joint Plan of Action which sets out an approach towards reaching a long-term comprehensive solution to the Iranian nuclear issue. It was agreed that the process leading to this comprehensive solution would include, as a first step, initial mutually-agreed measures to be taken by both sides for a duration of 6 months and renewable by mutual consent.

               (3)

               On 14 July 2015, China, France, Germany, the Russian Federation, the United Kingdom and the United States, supported by the High Representative of the Union for Foreign Affairs and Security Policy, reached an agreement on a long-term comprehensive solution to the Iranian nuclear issue. The successful implementation of the Joint Comprehensive Plan of Action (JCPOA) will ensure the exclusively peaceful nature of the Iranian nuclear programme and provide for the comprehensive lifting of all nuclear-related sanctions.

               (4)

               On 14 July 2015, China, France, Germany, the Russian Federation, the United Kingdom and the United States, supported by the High Representative of the Union for Foreign Affairs and Security Policy, agreed with Iran to extend the implementation of the measures of the Joint Plan of Action to allow for the necessary arrangements and preparations for the implementation of the JCPOA.

               (5)

               On 14 July 2015, by Decision (CFSP) 2015/1148 (2), the Council decided to extend the implementation of the measures of the Joint Plan of Action until 14 January 2016.

               (6)

               In order to provide sufficient time for the necessary arrangements and preparations for the implementation of the JCPOA, the suspension of the Union restrictive measures specified in the Joint Plan of Action should be extended until 28 January 2016. Relevant contracts would have to be executed by that date.

               (7)

               Decision 2010/413/CFSP should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 26a of Decision 2010/413/CFSP is replaced by the following:

      ‘Article 26a
      1.   The prohibition set out in Article 3a(1) shall be suspended until 28 January 2016 insofar as it concerns the transport of Iranian crude oil.
      2.   The prohibition set out in Article 3a(2) shall be suspended until 28 January 2016 insofar as it concerns the provision of insurance and reinsurance, related to the import, purchase, or transport of Iranian crude oil.
      3.   The prohibition set out in Article 3b shall be suspended until 28 January 2016.
      4.   The prohibition set out in Article 4c shall be suspended until 28 January 2016 insofar as it concerns gold and precious metals.
      5.   Article 10(3)(a), (b) and (c) shall be replaced by the following points until 28 January 2016:

                  “(a)

                  transfers due on transactions regarding foodstuffs, healthcare, medical equipment, or for agricultural or humanitarian purposes below EUR 1 000 000, as well as transfers regarding personal remittances, below EUR 400 000, shall be carried out without any prior authorisation. The transfer shall be notified to the competent authority of the Member State concerned if above EUR 10 000;

                  (b)

                  transfers due on transactions regarding foodstuffs, healthcare, medical equipment, or for agricultural or humanitarian purposes above EUR 1 000 000, as well as transfers regarding personal remittances, above EUR 400 000, shall require the prior authorisation from the competent authority of the Member State concerned. The relevant Member State shall inform the other Member States of any authorisation granted;

                  (c)

                  any other transfer above EUR 100 000 shall require the prior authorisation from the competent authority of the Member State concerned. The relevant Member State shall inform the other Member States of any authorisation granted.”.

            6.   Article 10(4)(b) and (c) shall be replaced by the following points until 28 January 2016:

                  “(b)

                  any other transfer below EUR 400 000 shall be carried out without any prior authorisation. The transfer shall be notified to the competent authority of the Member State concerned if above EUR 10 000;

                  (c)

                  any other transfer above EUR 400 000 shall require the prior authorisation from the competent authority of the Member State concerned. The authorisation shall be deemed granted within 4 weeks unless the competent authority of the Member State concerned has objected within that time limit. The relevant Member State shall inform the other Member States of any authorisation rejected.”.

            7.   The prohibitions set out in Article 18b shall be suspended until 28 January 2016.
      8.   The prohibitions set out in Article 20(1)(b) and (c) and in Article 20(2) to the Ministry of Petroleum, listed in Annex II, shall be suspended until 28 January 2016, insofar as necessary for the execution, until 28 January 2016, of contracts for the import or purchase of Iranian petrochemical products.’.

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

      Done at Brussels, 14 January 2016.

            For the Council

            The President

         A.G. KOENDERS

      (1)  Council Decision 2010/413/CFSP of 26 July 2010 concerning restrictive measures against Iran and repealing Common Position 2007/140/CFSP (OJ L 195, 27.7.2010, p. 39).

      (2)  Council Decision (CFSP) 2015/1148 of 14 July 2015 amending Decision 2010/413/CFSP concerning restrictive measures against Iran (OJ L 186, 14.7.2015, p. 2).


Avis juridique important

|

32003D0475

2003/475/EC: Council Decision of 18 June 2003 amending Council Decision 2000/604/EC on the Composition and the Statutes of the Economic Policy Committee

Official Journal L 158 , 27/06/2003 P. 0055 - 0057

Council Decisionof 18 June 2003amending Council Decision 2000/604/EC on the Composition and the Statutes of the Economic Policy Committee(2003/475/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 209 thereof,Having regard to the opinion of the Commission(1),Whereas:(1) The Economic Policy Committee is provided for in Article 272 of the Treaty.(2) The Council adopted on 29 September 2000 Decision 2000/604/EC on the Composition and the Statutes of the Economic Policy Committee(2).(3) These Statutes have enabled the Committee to function properly so far.(4) Following the decision by Heads of State or Government taken at the December 2002 Copenhagen European Council, 10 new members signed on 16 April 2003 an Accession Treaty to the European Union and are expected to join on 1 May 2004.(5) The Economic Policy Committee should continue to work effectively after enlargement.(6) The Composition and the Statutes of the Economic Policy Committee should accordingly be revised,HAS DECIDED AS FOLLOWS:Article 1Decision 2000/604/EC is hereby amended as follows:(a) recital 14 shall be replaced by the following:"(14) The Member States, the Commission and the European Central Bank should be adequately represented in the Committee. They should each nominate two members.";(b) the Annex shall be replaced by the Annex hereto.Article 2This Decision shall enter into force on 1 July 2003.Done at Luxembourg, 18 June 2003.For the CouncilThe PresidentG. Drys(1) OJ C 127, 29.5.2003, p. 33.(2) OJ L 257, 11.10.2000, p. 28.ANNEX"ANNEXSTATUTES OF THE ECONOMIC POLICY COMMITTEEPART I TASKS OF THE COMMITTEEArticle 11. Without prejudice to Articles 114 and 207 of the Treaty, the Economic Policy Committee (hereinafter referred to as the Committee), shall contribute to the preparation of the work of the Council of coordinating the economic policies of the Member States and of the Community and provide advice to the Commission and the Council.2. The Committee shall contribute to the preparation of the work of the Council by providing economic analyses, opinions on methodologies and draft formulations for policy recommendations, particularly on structural policies for improving growth potential and employment in the Community. In this context, it shall focus in particular on:(a) the functioning of goods, capital, services and labour markets, including wage, productivity, employment and competitiveness developments,(b) the role and efficiency of the public sector and the long-term sustainability of public finances,(c) the economy-wide implications of specific policies, such as those relating to the environment, to research and development and to social cohesion.3. In the areas mentioned above, the Committee shall, without prejudice to Articles 114 and 207 of the Treaty, provide support for the work of the Council, in particular in the formulation of the broad economic policy guidelines, and shall contribute to the multilateral surveillance procedure referred to in Article 99(3) of the Treaty. In this context, the Committee shall conduct regular country reviews focused in particular on structural reforms in Member States.4. Without prejudice to Articles 130 and 207 of the Treaty, the Committee shall contribute to the work of the Council under the Employment Title of the Treaty.5. The Committee shall support the Economic and Financial Committee, in particular in keeping under review the short and medium-term macroeconomic developments in the Member States and the Community by providing analysis and opinions mainly on methodological questions relating to the interaction between structural and macroeconomic policies and on wage developments in the Member States and the Community.6. The Committee shall provide the framework within which the macroeconomic dialogue involving representatives of the Committee (including the European Central Bank), the Economic and Financial Committee, the Employment Committee, the Commission and social partners shall take place at technical level.7. The Committee shall be consulted by the Commission on the maximum rate of increase for non-compulsory expenditure of the general budget of the European Union as provided for in Article 272 of the Treaty.Article 2The Committee shall deliver opinions at the request of the Council, the Commission or the Economic and Financial Committee or on its own initiative.Article 3In the fulfilment of its tasks the Committee shall work in close relation with the Economic and Financial Committee when reporting to the Council. In contributing to the preparation of the broad economic policy guidelines, the Committee will report to the Economic and Financial Committee. It shall coordinate its work with the Employment Committee and other committees and working groups preparing the work of the Council in the areas where these committees and working groups are competent.PART II COMPOSITIONArticle 41. The Member States, the Commission and the European Central Bank shall each appoint two members of the Committee.2. The members of the Committee shall be selected from among senior officials possessing outstanding competence in the field of economic and structural policy formulation.Article 5Members of the Committee shall be guided, in the performance of their duties, by the general interests of the Community.PART III PRESIDENT AND SECRETARIATArticle 61. The Committee shall elect from among its members, by a majority of its members, a president and up to three vice-presidents for a period of two years. As a rule, the two-year term shall not be renewable.2. The president shall delegate his/her voting right to another member of his/her delegation.Article 7In the event of being unable to fulfil his/her duties, the president shall be replaced by one of the vice-presidents of the Committee.Article 81. The Committee shall be assisted by a secretariat under the direction of a secretary. The secretary and the staff of the secretariat needed for carrying out the tasks of the secretariat shall be supplied by the Commission. The secretary shall be appointed by the Commission after consultation of the Committee. The secretary and his/her staff shall act on the instructions of the Committee when carrying out their responsibilities to the Committee.2. The expenses of the Committee shall be included in the estimates of the Commission.PART IV PROCEEDINGSArticle 9Opinions or reports shall be adopted by a majority of members if a vote is requested. Each member shall have one vote. However, when advice or an opinion is given on questions on which the Council may subsequently take a decision, members from central banks and the Commission may participate fully in the discussion but shall not participate in a vote. The Committee shall also report on minority or dissenting views expressed in the course of the discussion.Article 10As a rule only members may speak during the meetings of the Committee. In exceptional circumstances the president may agree to alternative arrangements.Article 11The Committee may entrust the study of specific questions to subcommittees or working parties. The presidency of such groups shall be assumed by a member of the Committee, appointed by the Committee.Article 12The Committee, the subcommittees or working parties may invite experts to assist them.Article 13The Committee shall be convened by the president on his/her own initiative, or at the request of the Council, the Commission or at least five members.Article 141. As a rule the president shall represent the Committee; in particular the president may be authorised by the Committee to report on discussions and deliver oral comments on opinions and reports prepared by the Committee.2. The president of the Committee shall have the responsibility of maintaining the Committee's relations with the European Parliament, which shall be kept informed of the Committee's work, as appropriate.Article 151. Unless decided otherwise, the proceedings of the Committee shall be confidential. The same rule shall apply to the proceedings of its subcommittees or working parties.2. Reports or opinions prepared by the Committee shall be publicly available after they have been transmitted to the addressee unless there are overriding reasons to keep them confidential.Article 16The Committee shall adopt its own procedural arrangements."


Avis juridique important

|

31986D0257

86/257/EEC: Council Decision of 18 June 1986 accepting, on behalf of the Community, the recommendation of the Customs Cooperation Council of 16 June 1982 concerning the use of a code for the representation of modes of transport

Official Journal L 167 , 24/06/1986 P. 0032 - 0033 Finnish special edition: Chapter 2 Volume 4 P. 0121  Swedish special edition: Chapter 2 Volume 4 P. 0121

*****COUNCIL  DECISION  of 18 June 1986  accepting, on behalf of the Community, the recommendation of the Customs Cooperation Council of 16 June 1982 concerning the use of a code for the representation of modes of transport  (86/257/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the proposal from the Commission,  Whereas, subject to certain conditions of application, the recommendation of the Customs Cooperation Council of 16 June 1982 concerning the use of a code for the representation of modes of transport may be accepted by the Community,  HAS DECIDED AS FOLLOWS:  Article 1  The recommendation of the Customs Cooperation Council of 16 June 1982 concerning the use of a code for the representation of modes of transport is hereby accepted, subject to certain conditions of application, on behalf of the Community.  The text of the recommendation is attached to this Decision, as are the conditions of application.  Article 2  The President of the Council shall notify the Secretariat of the Customs Cooperation Council of the acceptance by the Community subject to certain conditions of application of the recommendation referred to in Article 1.  Done at Luxembourg, 18 June 1986.  For the Council  The President  N. SMIT-KROES  RECOMMENDATION OF THE CUSTOMS COOPERATION COUNCIL  of 16 June 1982  concerning the use of a code for the representation of modes of transport  THE CUSTOMS COOPERATION COUNCIL,  DESIRING  to facilitate the international exchange of data between Customs administrations and between Customs administrations and international trade users,  CONSIDERING  that it is desirable that an internationally agreed and universally applicable code should be used for the representation of modes of transport in such international data exchange,  HAVING REGARD  to recommendation No 19 adopted in March 1981 by the Working Party on Facilitation of International Trade Procedures of the Economic Commission for Europe (ECE) which recommends the use of a one-digit numeric code structure for the representation of modes of transport for international trade purposes,  CONSIDERING  that the code structure contained in the abovementioned ECE recommendation provides a suitable basis for the representation of modes of transport in international data exchange,  RECOMMENDS  that States, whether or not Members of the Council, and Customs or Economic Unions should use the one-digit numeric code structure contained in the abovementioned ECE recommendation and future revised versions of this code for the representation of modes of transport in international data exchange between customs administrations and between customs administrations and international trade users whenever there is a need for a coded designation,  REQUESTS  States, whether or not Members of the Council, and Customs or Economic Unions which accept this recommendation to notify the Secretary-General of their acceptance, of the date from which they will apply the recommendation, and of the conditions of its application. The Secretary-General will transmit this information to the customs administrations of all Members. He will also transmit it to any customs administration of non-members or any Customs or Economic Unions which have accepted this recommendation.  Conditions of application  1. The recommendation shall be applicable in the Community from 1 January 1988.  2. Code No 6 (multimodal transport) will not be used by the Community, which does not recognize multimodal transport as a mode of transport per se.  3. Code No 9 (unknown) shall be used to cover transport effected by means of self-propulsion.


Avis juridique important

|

41986D0089

86/89/ECSC: Decision of the representatives of the Governments of the Member States meeting within the Council of 14 March 1986 opening tariff preferences in Greece for products covered by the ECSC Treaty and originating in Austria, Finland, Norway, Sweden and Switzerland

Official Journal L 078 , 24/03/1986 P. 0029 - 0029

*****DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES MEETING WITHIN THE COUNCIL  of 14 March 1986  opening tariff preferences in Greece for products covered by the ECSC Treaty and originating in Austria, Finland, Norway, Sweden and Switzerland  (86/89/ECSC)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY MEETING WITHIN THE COUNCIL,  Whereas the Member States concluded among themselves the Treaty establishing the European Coal and Steel Community;  Whereas the Hellenic Republic acceded to that Community on 1 January 1981;  Whereas the Additional Protocols to the Agreements concluded between the European Economic Community and the Republic of Austria, the Republic of Finland, the Kingdom of Norway, the Kingdom of Sweden and the Swiss Confederation entered into force on 1 January 1981;  Whereas the Additional Protocols to the Agreements concluded between the Member States of the European Coal and Steel Community and the European Coal and Steel Community, of the one part, and the Republic of Austria, the Republic of Finland, the Kingdom of Norway and the Kingdom of Sweden, of the other part, as well as the Additional Protocol to the Agreement concluded between the Member States of the European Coal and Steel Community and the Swiss Confederation are subject to approval of each Contracting Party in accordance with its own procedure;  Whereas the representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council, had decided by Decisions 80/1363/ECSC (1), 82/42/ECSC (2), 83/1/ECSC (3), 84/216/ECSC (4) and 85/9/ECSC (5), to apply autonomously the obligations for 1981, 1982, 1983, 1984 and 1985 respectively, deriving from these Additional Protocols;  Whereas at the moment the ratification procedures for these Additional Protocols have not been completed in two Member States;  Anxious to prolong the autonomous and concomitant application of the customs duties reductions on imports and the reductions of other import charges laid down in these Additional Protocols;  In agreement with the Commission,  HAVE DECIDED AS FOLLOWS:  Article 1  From 1 January to 31 December 1986 the duties applicable in Greece on imports of products covered by the European Coal and Steel Community and originating in Austria, Finland, Norway, Sweden and Switzerland shall be reduced to 0.  The charges having equivalent effect to customs duties on imports applied by Greece to imports from the countries mentioned in the preceding paragraph shall be reduced to 0.  Article 2  The modifications to the origin rules made necessary by the accession of the Hellenic Republic to the European Communities and introduced by the Joint Committees provided for in the Agreements between the European Economic Community and the countries listed in the first subparagraph of Article 1 which came into force on 1 January 1981, shall be applicable to the products to which this Decision refers.  Article 3  The Member States shall decide by mutual agreement on any contingent protective measures suggested by one or more Member States or the Commission.  Article 4  This Decision shall expire on the entry into force of the Additional Protocols to the Agreements between the Member States of the European Coal and Steel Community and the European Coal and Steel Community, of the one part, and the countries listed in the first subparagrpah of Article 1 of the other part, and at the latest on 31 December 1986.  Article 5  Member States shall adopt all the measures necessary for the implementation of this Decision.  Done at Brussels, 14 March 1986.  The President  N. SMIT-KROES  (1) OJ No L 385, 31. 12. 1980, p. 19.  (2) OJ No L 20, 28. 1. 1982, p. 33.  (3) OJ No L 12, 14. 1. 1983, p. 46.  (4) OJ No L 104, 17. 4. 1984, p. 16.  (5) OJ No L 2, 3. 1. 1985, p. 26.


title: 2009/785/EC: Commission Decision of 26 October 2009 amending Decision 2008/359/EC setting up the High Level Group on the Competitiveness of the Agro-Food Industry, in order to extend its applicability

text:
               27.10.2009

               EN

               Official Journal of the European Union

               L 280/56

      COMMISSION DECISION

   of 26 October 2009
   amending Decision 2008/359/EC setting up the High Level Group on the Competitiveness of the Agro-Food Industry, in order to extend its applicability
   (2009/785/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Whereas:

               (1)

               Commission Decision 2008/359/EC of 28 April 2008 setting up the High Level Group on the Competitiveness of the Agro-Food Industry (1) is applicable for a limited period of time.

               (2)

               The High Level Group has contributed to the competitiveness of the Community agro-food industry by drawing up a Report on the Competitiveness of the European Agro-Food Industry (2), 30 recommendations and a Roadmap of Key Initiatives containing implementing actions. These initiatives need to be followed up.

               (3)

               The work of the High Level Group on the Competitiveness of the Agro-Food Industry should continue under the same rules as established by that Decision.

               (4)

               Decision 2008/359/EC should therefore be amended accordingly,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Article 6 of Decision 2008/359/EC is replaced by the following:

      ‘Article 6
      Expiry
      This Decision shall apply until 31 December 2010.’

      Done at Brussels, 26 October 2009.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  OJ L 120, 7.5.2008, p. 15.

      (2)  http://ec.europa.eu/enterprise/sectors/food/files/high_level_group_2008/documents_hlg/final_report_hlg_17_03_09_en.pdf


title: 2006/516/EC: Council Decision of  27 June 2006  on the conclusion, on behalf of the European Community, of the Protocol on Soil Protection, the Protocol on Energy and the Protocol on Tourism to the Alpine Convention - Declarations

text:
               25.7.2006

               EN

               Official Journal of the European Union

               L 201/31

      COUNCIL DECISION

   of 27 June 2006
   on the conclusion, on behalf of the European Community, of the Protocol on Soil Protection, the Protocol on Energy and the Protocol on Tourism to the Alpine Convention
   (2006/516/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 175(1), in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the Opinion of the European Parliament (1),
   Whereas:

               (1)

               The Convention on the protection of the Alps (hereinafter ‘the Alpine Convention’) was concluded on behalf of the European Community by Council Decision 96/191/EC (2).

               (2)

               The Council decided on the signature, on behalf of the European Community, of the Protocol on Soil Protection, the Protocol on Energy and the Protocol on Tourism to the Alpine Convention (hereinafter ‘the Protocols’) by Council Decision 2005/923/EC (3).

               (3)

               The Protocols are an important step in the implementation of the Alpine Convention, and the European Community is committed to the objectives of this Convention.

               (4)

               Economic, social and ecological cross-border problems of the Alps remain a major challenge to be addressed in this highly sensitive area.

               (5)

               Community Policies, in particular priority areas as defined in Decision No 1600/2002/EC of the European Parliament and of the Council of 22 July 2002 laying down the Sixth Community Environment Action Programme (4), should be promoted and strengthened within the Alpine region.

               (6)

               One of the main goals of the Protocol on Soil Protection is the safeguarding of the multifunctional role of soil based on the concept of sustainable development. Sustainable productivity of soil must be ensured in its natural function, as an archive of natural and cultural history and in order to guarantee its use for agriculture and forestry, urbanism and tourism, other economic uses, transport and infrastructure, and as a source of raw materials.

               (7)

               Any approach to soil protection should take account of the considerable diversity of regional and local conditions that exist in the Alpine region. The Protocol on Soil Protection could help to implement appropriate measures at national and regional level.

               (8)

               Requirements of the Protocol such as soil monitoring, identification of risk zones for erosion, flooding and landslides, an inventory of contaminated sites and the establishment of harmonised databases could be important elements for a Community policy on soil protection, as evidenced by, inter alia, Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment (5), Council Directive 86/278/EEC of 12 June 1986 on the protection of the environment, and in particular of the soil, when sewage sludge is used in agriculture (6), Council Directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora (7), Council Directive 99/31/EC of 26 April 1999 on the landfill of waste (8), Council Regulation (EC) No 1257/1999 of 17 May 1999 on support for rural development from the European Agricultural Guidance and Guarantee Fund (EAGGF) (9) and Directive 2000/60/EC of the European Parliament and of the Council of 23 October 2000 establishing a framework for Community action in the field of water policy (10).

               (9)

               The Protocol on Energy requires appropriate measures to be taken in the field of energy saving, energy production, including the promotion of renewable energy, energy transport, delivery and use of energy to foster conditions for sustainable development.

               (10)

               The provisions of the Protocol on Energy are in line with the Sixth Community Environment Action Programme to combat climate change as well as to promote sustainable management and use of natural resources. The Protocol's provisions are also in line with the Community's policy on energy, as set out in the White Paper for a ‘Community Strategy and Action Plan’, the Green Paper ‘Towards a European strategy for the security of energy supply’, Directive 2001/77/EC of the European Parliament and of the Council of 27 September 2001 on the promotion of electricity produced from renewable energy sources in the internal electricity market (11), Directive 2002/91/EC of the European Parliament and of the Council of 16 December 2002 on the energy performance of buildings (12) and Decision No 1230/2003/EC of the European Parliament and of the Council of 26 June 2003 adopting a multiannual programme for action in the field of energy: ‘Intelligent Energy — Europe’ (2003-2006) (13).

               (11)

               The ratification of the Protocol on Energy would strengthen trans-border cooperation with Switzerland, Liechtenstein and Monaco. This would help to ensure that goals of the European Community are shared by regional partners and that such initiatives cover the whole Alpine eco-region.

               (12)

               Trans European Energy Networks (TEN-E) should be given priority and coordination and implementation measures foreseen in the TEN-E guidelines in Decision No 1229/2003/EC of the European Parliament and of the Council of 26 June 2003 laying down a series of guidelines for trans European energy networks (14) should be applied when developing new crossborder connections, in particular high-voltage lines.

               (13)

               The European Community, its Member States, Switzerland, Liechtenstein and Monaco are Parties to the United Nations Framework Convention on Climate Change (UNFCCC) and the Kyoto Protocol. The UNFCCC and the Kyoto Protocol require that Parties formulate, implement, publish and regularly update national and regional programmes containing measures to mitigate climate change by addressing anthropogenic emissions by sources and providing removals by sinks of all greenhouse gases not controlled by the Montreal Protocol.

               (14)

               The Protocol on Energy contributes to fulfilling UNFCCC requirements to take measures to facilitate adequate adaptation to climate change.

               (15)

               Tourism is an economically highly important sector in most parts of the Alps and is intimately linked to and dependant on environmental and social impacts.

               (16)

               As the mountain region is a unique and ecologically very sensitive area, a balance between economic interests, local population needs and environmental concerns is extremely important for sustainable development of the region.

               (17)

               Tourism is an increasingly global phenomenon, but at the same time it remains a sphere of primarily local and regional responsibility. As regards the Community, Directive 85/337/EEC, Directive 92/43/EEC, Regulation (EC) No 1980/2000 of the European Parliament and of the Council of 17 July 2000 on a revised Community eco-label award scheme (15), Regulation (EC) No 761/2001 of the European Parliament and of the Council of 19 March 2001 allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS) (16) and Council Resolution of 21 May 2002 on the future of European tourism (17), inter alia, are relevant in this context. The Alpine Convention and its Protocol on Tourism, together with the other Protocols that can have influence on the tourism sector, should represent a framework instrument to stimulate and coordinate the contribution of stakeholders at regional and local level in order to make sustainability a major driver in the improvement of the quality of the Alpine region tourist offer.

               (18)

               The overall goal of the Protocol on Tourism is to promote sustainable tourism, specifically by ensuring it is developed and managed taking into consideration its impacts on the environment. To this end, it provides specific measures and recommendations that can be used as instruments for reinforcing the environmental side of innovation and research, monitoring and training, management tools and strategies, planning and authorisation procedures linked to tourism and in particular to its qualitative development.

               (19)

               Contracting Parties to the three Protocols should promote relevant education and training and, additionally, promote the dissemination of information to the public regarding the objectives, measures and implementation of each of these three Protocols.

               (20)

               It is appropriate that these Protocols be approved by the European Community,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Protocol on Soil Protection (18), the Protocol on Energy (19) and the Protocol on Tourism (20) to the Alpine Convention, signed at Salzburg on 7 November 1991, are hereby approved on behalf of the European Community.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to deposit, on behalf of the Community, the instrument of approval with the Republic of Austria in accordance with Article 27 of the Protocol on Soil Protection, Article 21 of the Protocol on Energy and Article 28 of the Protocol on Tourism.
   At the same time the designated person(s) shall deposit the Declarations related to the Protocols.
   Article 3
   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)  Opinion of 13 June 2006 (not yet published in the Official Journal).

      (2)  OJ L 61, 12.3.1996, p. 31.

      (3)  OJ L 337, 22.12.2005, p. 27.

      (4)  OJ L 242, 10.9.2002, p. 1.

      (5)  OJ L 175, 5.7.1985, p. 40. Directive as last amended by Directive 2003/35/EC of the European Parliament and the Council (OJ L 156, 25.6.2003, p. 17).

      (6)  OJ L 181, 4.7.1986, p. 6. Directive as last amended by Regulation (EC) No 807/2003 (OJ L 122, 16.5.2003, p. 36).

      (7)  OJ L 206, 22.7.1992, p. 7. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and the Council (OJ L 284, 31.10.2003, p. 1).

      (8)  OJ L 182, 16.7.1999, p. 1. Directive as amended by Regulation (EC) No 1882/2003.

      (9)  OJ L 160, 26.6.1999, p. 80. Regulation as last amended by Regulation (EC) No 2223/2004 (OJ L 379, 24.12.2004, p. 1).

      (10)  OJ L 327, 22.12.2000, p. 1. Directive as last amended by Decision No 2455/2001/EC (OJ L 331, 15.12.2001, p. 1).

      (11)  OJ L 283, 27.10.2001, p. 33. Directive as last amended by Decision of the EEA Joint Committee No 102/2005 (OJ L 306, 24.11.2005, p. 34).

      (12)  OJ L 1, 4.1.2003, p. 65.

      (13)  OJ L 176, 15.7.2003, p. 29. Decision as last amended by Decision No 787/2004/EC of the European Parliament and the Council (OL L 138, 30.4.2004, p. 12).

      (14)  OJ L 176, 15.7.2003, p. 11.

      (15)  OJ L 237, 21.9.2000, p. 1.

      (16)  OJ L 114, 24.4.2001, p. 1. Regulation as last amended by Commission Regulation (EC) No 196/2006 (OJ L 32, 4.2.2006, p. 4).

      (17)  OJ C 135, 6.6.2002, p. 1.

      (18)  OJ L 337, 22.12.2005, p. 29.

      (19)  OJ L 337, 22.12.2005, p. 36.

      (20)  OJ L 337, 22.12.2005, p. 43.