title: Council Decision 2006/729/CFSP/JHA of 16 October 2006 on the signing, on behalf of the European Union, of an Agreement between the European Union and the United States of America on the processing and transfer of passenger name record (PNR) data by air carriers to the United States Department of Homeland Security

text:
               27.10.2006

               EN

               Official Journal of the European Union

               L 298/27

         COUNCIL DECISION 2006/729/CFSP/JHA
   of 16 October 2006
   on the signing, on behalf of the European Union, of an Agreement between the European Union and the United States of America on the processing and transfer of passenger name record (PNR) data by air carriers to the United States Department of Homeland Security
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 24 and 38 thereof,
   Whereas:

               (1)

               On 27 June 2006 the Council decided to authorise the Presidency, assisted by the Commission, to open negotiations for an Agreement with the United States of America on the processing and transfer of passenger name record (PNR) data by air carriers to the United States Department of Homeland Security (DHS).

               (2)

               In view of the Undertakings issued on 11 May 2004 by DHS, Bureau of Customs and Border Protection (1), the United States can be considered as ensuring an adequate level of protection for PNR data transferred from the European Union concerning passenger flights to or from the United States.

               (3)

               The competent authorities in Member States may exercise their existing powers to suspend data flows to DHS in order to protect individuals with regard to the processing of their personal data if they consider that the processing of PNR data is not in accordance with the standards of protection provided for in the Undertakings given by DHS, or where a competent United States authority has determined that DHS is in breach of those standards, until compliance with those standards is assured.

               (4)

               The Agreement should be signed, subject to its conclusion at a later date.

               (5)

               The provisions of the Agreement should be applied on a provisional basis pending its entry into force,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Agreement between the European Union and the United States of America on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the United States Department of Homeland Security, is hereby approved on behalf of the European 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 European Union, subject to its conclusion.
   Article 3
   In accordance with point 7 of the Agreement, the provisions of the Agreement shall be applied on a provisional basis as of the date of its signature, pending its entry into force.
   Article 4
   1.   Without prejudice to their powers to take action to ensure compliance with national provisions, the competent authorities in Member States may exercise their existing powers to suspend data flows to DHS in order to protect individuals with regard to the processing of their personal data in the following cases:

               (a)

               where a competent United States authority has determined that DHS is in breach of the applicable standards of protection; or

               (b)

               where there is a substantial likelihood that the applicable standards of protection are being infringed, there are reasonable grounds for believing that DHS is not taking or will not take adequate and timely steps to settle the case at issue, the continuing transfer would create an imminent risk of grave harm to data subjects, and the competent authorities in the Member States concerned have made reasonable efforts in the circumstances to provide DHS with notice and an opportunity to respond.

         2.   Suspension shall cease as soon as the standards of protection are assured and the competent authorities of the Member States concerned are notified thereof.
   Article 5
   1.   Member States shall inform the Council and the Commission without delay when measures are adopted pursuant to Article 4.
   2.   The Member States and the Commission shall inform each other within the Council of any changes in the standards of protection and of cases where the action of bodies responsible for ensuring compliance with the applicable standards of protection by DHS fails to secure such compliance.
   3.   If the Council considers that the information collected pursuant to Article 4 and pursuant to paragraphs 1 and 2 of this Article provides evidence that the basic principles necessary for an adequate level of protection for natural persons are no longer being complied with, or that any body responsible for ensuring compliance with the applicable standards of protection by DHS is not effectively fulfilling its role, DHS shall be informed thereof and the Council shall take the necessary action with a view to suspending or terminating the Agreement.

      Done at Luxembourg, 16 October 2006.

            For the Council

            The President

         E. TUOMIOJA

      (1)  OJ L 235, 6.7.2004, p. 15.
    ---documentbreak---

               27.10.2006

               EN

               Official Journal of the European Union

               L 298/29

         Note to the reader: ‘the language versions of the Agreement, other than the English language version, have not yet been approved by the Parties. Once these other language versions have been approved, they will be equally authentic’.
   AGREEMENT
   between the European Union and the United States of America on the processing and transfer of passenger name record (PNR) data by air carriers to the United States Department of Homeland Security
   THE EUROPEAN UNION
   and
   THE UNITED STATES OF AMERICA,
   DESIRING to prevent and combat terrorism and transnational crime effectively as a means of protecting their respective democratic societies and common values,
   RECOGNISING that, in order to safeguard public security and for law enforcement purposes, rules should be laid down on the transfer of Passenger Name Record (PNR) data by air carriers to the Department of Homeland Security (hereinafter DHS). For the purposes of this Agreement, DHS means the Bureau of Customs and Border Protection, US Immigration and Customs Enforcement and the Office of the Secretary and the entities that directly support it, but does not include other components of DHS such as the Citizenship and Immigration Services, Transportation Security Administration, United States Secret Service, the United States Coast Guard, and the Federal Emergency Management Agency,
   RECOGNISING the importance of preventing and combating terrorism and related crimes, and other serious crimes that are transnational in nature, including organised crime, while respecting fundamental rights and freedoms, notably privacy,
   HAVING REGARD to US statutes and regulations requiring each air carrier operating passenger flights in foreign air transportation to or from the United States to provide DHS with electronic access to PNR data to the extent that they are collected and contained in the air carrier's automated reservation/departure control systems (hereinafter ‘reservation systems’),
   HAVING REGARD to Article 6(2) of the Treaty on European Union on respect for fundamental rights, and in particular to the related right to the protection of personal data,
   HAVING REGARD to relevant provisions of the Aviation Transportation Security Act of 2001, the Homeland Security Act of 2002, the Intelligence Reform and Terrorism Prevention Act of 2004 and Executive Order 13388 regarding cooperation between agencies of the United States Government in combating terrorism,
   HAVING REGARD to the Undertakings as published in the US Federal Register (1) and implemented by DHS,
   NOTING that the European Union should ensure that air carriers with reservation systems located within the European Union arrange for transmission of PNR data to DHS as soon as this is technically feasible but that, until then, the US authorities should be allowed to access the data directly, in accordance with the provisions of this Agreement,
   AFFIRMING that this Agreement does not constitute a precedent for any future discussions or negotiations between the United States and the European Union, or between either of the Parties and any State regarding the processing and transfer of PNR or any other form of data,
   HAVING REGARD to the commitment of both sides to work together to reach an appropriate and mutually satisfactory solution, without delay, on the processing of Advance Passenger Information (API) data from the European Union to the United States,
   NOTING that in reliance on this Agreement, the EU confirms that it will not hinder the transfer of PNR data between Canada and the United States and that the same principle will be applied in any similar agreement on the processing and transfer of PNR data,
   HAVE AGREED AS FOLLOWS:

               (1)

               In reliance upon DHS's continued implementation of the aforementioned Undertakings as interpreted in the light of subsequent events, the European Union shall ensure that air carriers operating passenger flights in foreign air transportation to or from the United States of America process PNR data contained in their reservation systems as required by DHS.

               (2)

               Accordingly, DHS will electronically access the PNR data from air carriers' reservation systems located within the territory of the Member States of the European Union until there is a satisfactory system in place allowing for transmission of such data by the air carriers.

               (3)

               DHS shall process PNR data received and treat data subjects concerned by such processing in accordance with applicable US laws and constitutional requirements, without unlawful discrimination, in particular on the basis of nationality and country of residence.

               (4)

               The implementation of this Agreement shall be jointly and regularly reviewed.

               (5)

               In the event that an airline passenger information system is implemented in the European Union or in one or more of its Member States that requires air carriers to provide authorities with access to PNR data for persons whose travel itinerary includes a flight to or from the European Union, DHS shall, in so far as practicable and strictly on the basis of reciprocity, actively promote the cooperation of airlines within its jurisdiction.

               (6)

               For the purpose of applying this Agreement, DHS is deemed to ensure an adequate level of protection for PNR data transferred from the European Union concerning passenger flights in foreign air transportation to or from the United States.

               (7)

               This Agreement shall enter into force on the first day of the month after the date on which the Parties have exchanged notifications indicating that they have completed their internal procedures for this purpose. This Agreement shall apply provisionally as of the date of signature. Either Party may terminate or suspend this Agreement at any time by notification through diplomatic channels. Termination shall take effect thirty (30) days from the date of notification thereof to the other Party. This Agreement shall expire upon the date of application of any superseding agreement and in any event no later than 31 July 2007, unless extended by mutual written agreement.

      This Agreement is not intended to derogate from or amend legislation of the United States of America or the European Union or its Member States. This Agreement does not create or confer any right or benefit on any other person or entity, private or public.
      This Agreement shall be drawn up in duplicate in the English language. It shall also be drawn up in the Czech, Danish, Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Slovak, Slovenian, Spanish and Swedish languages, and the Parties shall approve these language versions. Once approved, the versions in these languages shall be equally authentic.
      Done at Luxembourg on 16 October 2006 and at Washington D.C. on 19 October 2006.

            For the European Union

         E. TUOMIOJA
         Minister for Foreign Affairs
         President of the Council of the European Union

            For the United States of America

         Secretary Michael CHERTOFF
         Department of Homeland Security

      (1)  Volume 69, No 131, p. 41543.


European Parliament decision on the amendments to the European Parliament's Rules of Procedure following the adoption of the Regulation governing the statute and the financing of political parties at European level (2003/2205(REG))


Avis juridique important

|

31998D0260

98/260/EC: Council Decision of 30 March 1998 on the principles, priorities, intermediate objectives and conditions contained in the accession partnership with the Republic of Poland

Official Journal L 121 , 23/04/1998 P. 0006 - 0010

COUNCIL DECISION of 30 March 1998 on the principles, priorities, intermediate objectives and conditions contained in the accession partnership with the Republic of Poland (98/260/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant countries in the framework of the pre-accession strategy, and in particular on the establishment of accession partnerships (1), and in particular to Article 2 thereof,Having regard to the proposal from the Commission,Whereas the Luxembourg European Council stated that the accession partnership is a new instrument, the key feature of the enhanced pre-accession strategy;Whereas Regulation (EC) No 622/98 sets out that the Council shall decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities, intermediate objectives and conditions contained in the individual accession partnerships, as they are submitted to each applicant country, as well as on subsequent significant adjustments applicable to them;Whereas Community assistance is conditional on the fulfilment of essential elements, and in particular on the respect of the commitments contained in the Europe Agreements and on progress towards fulfilment of the Copenhagen criteria; whereas, where an essential element is lacking, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps with regard to any pre-accession assistance;Whereas the Luxembourg European Council decided that the implementation of the accession partnership and progress in adopting the acquis will be examined in the Europe Agreement bodies;Whereas the Commission's opinion presented an objective analysis on the Republic of Poland's preparations for membership and identified a number of priority areas for further work;Whereas, in order to prepare for membership, the Republic of Poland should draw up a national programme for the adoption of the acquis; whereas this programme should set out a timetable for achieving the priorities and intermediate objectives established in the accession partnership,HAS DECIDED AS FOLLOWS:Article 1 In accordance with Article 2 of Regulation (EC) No 622/98, the principles, priorities, intermediate objectives and conditions contained in the accession partnership for the Republic of Poland are set out in the Annex hereto, which forms an integral part of this Decision.Article 2 The implementation of the accession partnership will be examined in the Europe Agreement bodies and through the appropriate Council bodies to which the Commission will report regularly.Article 3 This Decision shall enter into force on the third day following its publication in the Official Journal of the European Communities.Done at Brussels, 30 March 1998.For the CouncilThe PresidentM. BECKETT(1) OJ L 85, 20.3.1998, p. 1.ANNEX POLAND 1. Objectives The purpose of the accession partnership is to set out in a single framework the priority areas for further work identified in the Commission's opinion on Poland's application for membership of the European Union, the financial means available to help Poland implement these priorities and the conditions which will apply to that assistance. The accession partnership will provide a framework for a number of policy instruments which will be used to help the candidate countries in their preparations for membership. These will include inter alia the national programme for the adoption of the acquis to be adopted by Poland, the joint assessment of economic policy priorities, the pact against organised crime and the internal market road maps. Each of these instruments is different in nature and will be prepared and implemented according to specific procedures. They will not be an integral part of this partnership but the priorities they contain will be compatible with it.2. Principles The main priority areas identified for each candidate country relate to their ability to assume the obligations of meeting the Copenhagen criteria which state that membership requires:- that the candidate country has achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities,- the existence of a functioning market economy, as well as the capacity to cope with competitive pressure and market forces within the Union,- the ability to take on the obligations of membership, including adherence to the aims of political, economic and monetary union.At its meeting in Madrid, the European Council stressed the need for the candidate countries to adjust their administrative structures to ensure the harmonious operation of Community policies after accession and at Luxembourg, it stressed that incorporation of the acquis into legislation is necessary, but not in itself sufficient; it is necessary to ensure that it is actually applied.3. Priorities and intermediate objectives The Commission's opinions and the Council's examination of these have highlighted the extent of the efforts which still have to be made in certain areas by the candidate countries to prepare for accession and took the view that none of these countries fully satisfies all of the Copenhagen criteria at the present time. This situation will require the definition of intermediate stages in terms of priorities, each to be accompanied by precise objectives to be set in collaboration with the countries concerned, the achievement of which will condition the degree of assistance granted and the progress of the negotiations under way with some countries and the opening of new negotiations with the others. The priorities and intermediate objectives have been divided into two groups - short and medium term. Those listed under the short-term have been selected on the basis that it is realistic to expect that Poland can complete or take them substantially forward by the end of 1998. In view of the short time span, and taking into account the administrative capacity required to achieve them, the number of priorities selected for the short term has been limited. The priorities listed under the medium term are expected to take more than one year to complete although work may and should also begin on them during 1998.Poland will be invited to draw up a national programme for the adoption of the acquis (NPAA) by the end of March which should set out a timetable for achieving these priorities and intermediate objectives and, where possible and relevant, indicate the necessary staff and financial resources.The accession partnership will indicate that Poland will have to address all issues identified in the opinion. Incorporation of the acquis into legislation is not in itself sufficient; it will also be necessary to ensure that it is actually applied to the same standards as those which apply within the Union. In all of the areas listed below there is a need for credible and effective implementation and enforcement of the acquis.Drawing on the analysis of the Commission's opinion and the Council's examination of this, the following short and medium-term priorities and intermediate objectives have been identified for Poland.3.1. Short-term (1998) Economic reform: establishment of medium-term economic policy priorities and joint assessment within the framework of the Europe Agreement; acceleration of the privatisation/restructuring of State enterprises (including telecommunications), and the sound development of the financial sector, including acceleration in a transparent manner of banking privatisation and improving bankruptcy proceedings.Industrial restructuring: adoption by 30 June and start of implementation of a viable steel sector restructuring programme, pursue restructuring in the coal sector.Reinforcement of institutional and administrative capacity: in particular improvements in the areas of customs, State aid controls, justice and home affairs ministries and services, financial control, veterinary and phytosanitary controls, (particularly as regards facilities at the external borders), environment, taxation and regional policy.Internal market: including certification and standardisation (further alignment of legislative measures and conclusion of a European conformity assessment agreement), further alignment in the areas of intellectual and industrial property, public procurement and liberalisation of capital movements, the adoption of a law on State aid, and strengthening of monitoring authority, finalisation of State aid inventory.Justice and home affairs: develop more effective border management and control systems in particular of the borders with Belarus and the Ukraine and align visa regimes with the Union.Agriculture: establish a coherent structural and rural development policy; adoption of implementing regulations and implementation and enforcement of veterinary and phytosanitary requirements particularly with regard to the inspection and control arrangements for protecting Community external borders. In particular, upgrading of certain food-processing establishments (milk and meat sectors) and certain testing and diagnostic facilities.Environment: continue transposition of framework legislation, establishment of detailed approximation programmes and implementation strategies related to individual acts. Planning and commencement of implementation of these programmes and strategies.3.2. Medium-term Political criteria: further attention to ensuring equal access to public services.Economic policy: regular review of the joint assessment of economic policy priorities, within the Europe Agreement framework, focusing and satisfying the Copenhagen criteria for membership of the Union and the acquis in the area of economic and monetary policy (coordination of economic policies, submission of convergence programmes, avoidance of excessive deficits); while Poland is not expected to adopt the euro immediately on accession, it is expected to pursue policies which aim to achieve real convergence in accordance with the Union's objectives of economic and social cohesion, and nominal convergence compatible with the ultimate goal of adoption of the euro.Reinforcement of institutional and administrative capacity: development of anti-fraud unit and State audit office, strengthening of financial control capacity; improved operation of the judicial system; training for the judiciary in Community law and its application; reinforcement of justice and home affairs institutions (ensuring sufficient and properly trained personnel, in particular police, border guards, ministries and courts), strengthening of parliamentary law-making procedures, improvement of tax-gathering capacity, reform of customs and tax administrations to ensure readiness to apply the acquis, the reinforcement of food control administration.Internal market: including completion of alignment of public procurement legislation, financial services, further development of standardisation and conformity assessment bodies and establishment and operation of a market surveillance system, alignment of technical legislation on industrial products, further improvements in the field of competition (e.g. merger control), efficient enforcement of competition law, audiovisual, property ownership and external frontier control, reinforcement of the anti-trust and State aid authorities, promotion of enterprise development, including small and medium-sized enterprises (SMEs), alignment with the acquis in the fields of telecommunications, consumer protection and the internal energy market.Justice and home affairs: including development of effective border management and implementation of migration policy and the new asylum system as well as the fight against organised crime (in particular money laundering, drugs and trafficking in human beings) and corruption, alignment of visa policy with that of the Union and completion of alignment on international conventions, implementation of reforms of legislation on aliens, notably in view of the Schengen acquis.Agriculture: including alignment with the agricultural acquis (including veterinary and phytosanitary matters, in particular external border controls), attention to environmental aspects of agriculture and biodiversity, implementation of structural and rural development policy. Development of the capacity to implement and enforce the common agricultural policy (CAP), in particular the fundamental management mechanisms and administrative structures to monitor the agricultural markets and implement structural and rural development measures, adoption and implementation of the veterinary and phytosanitary requirements, upgrading of certain food-processing establishments and testing and diagnostic facilities, restructuring of the agri-food sector.Fisheries: development of capacity to implement and enforce the common fisheries policy.Transport: further efforts on alignment with the acquis in particular on road transport (market access, safety rules and taxation) and rail, and to provide necessary investment for transport infrastructure, notably extension of trans-European networks.Employment and social affairs: development of appropriate labour-market structures and joint review of employment policies as preparation for participation in Union coordination; alignment of labour and occupational health and safety legislation and development of enforcement structures in particular early adoption of the framework directive on health and safety at work; enforcement of equal opportunities between women and men; further development of active, autonomous social dialogue; further development of social protection, undertake steps to bring public health standards into line with Union norms.Environment: including the development of monitoring and implementation control structures and capacities, continuous planning and implementation of approximation programmes related to individual legal acts. A particular emphasis should be given to drinking water, waste water, the waste sector, air pollution, as well as to large combustion plants. Environmental protection requirements and the need for sustainable development must be integrated into the definition and implementation of national, sectoral policies.Regional policy and cohesion: completion of legal basis, development of administrative structures and budgetary procedures, financial instruments, monitoring and control mechanisms in order to participate in Union structural programmes after membership.4. Programming The PHARE allocation for the period 1995 to 1997 has totalled ECU 526 million. Subject to the approval of the PHARE budget for the remaining period, the Commission will confirm the allocations for 1998 and 1999. Financial proposals will be submitted to the PHARE Management Committee as provided for in Regulation (EEC) No 3906/89. Joint financing by the applicant countries will be systematically required for all investment projects. Financial assistance from the year 2000 onwards will comprise aid for agriculture and a structural instrument which will give priority to measures similar to the Cohesion Fund.5. Conditionality Community assistance will be conditional on respect by Poland of its commitments under the Europe Agreement, further steps towards satisfying the Copenhagen criteria and progress in implementing this accession partnership. Failure to respect these general conditions could lead to a decision by the Council on the suspension of financial assistance on the basis of Article 4 of Regulation (EC) No 622/98.6. Monitoring The implementation of the accession partnership will be monitored in the framework of the Europe Agreement. This will begin in 1998 before the Commission presents its first regular report to the Council on implementation of the accession partnership.The relevant sections of the accession partnership will be discussed in the appropriate sub-committee. The Association Committee will discuss overall developments, progress and problems in meeting its priorities and intermediate objectives as well as more specific issues referred to it from the sub-committees. The Association Committee will report to the Association Council on the implementation of the accession partnership.The PHARE Management Committee will ensure that financing decisions are compatible with the accession partnerships.The accession partnership will be amended as necessary in accordance with Article 2 of Regulation (EC) No 622/98. The Commission will propose, before the end of 1999 and at regular intervals thereafter, a review of this partnership, on which the Council will take a formal decision. These reviews will include consideration of the need to further specify intermediate objectives in the light of the progress made by Poland in meeting the objectives set out in this partnership.


title: Council Decision 2010/638/CFSP of 25 October 2010 concerning restrictive measures against the Republic of Guinea

text:
               26.10.2010

               EN

               Official Journal of the European Union

               L 280/10

         COUNCIL DECISION 2010/638/CFSP
   of 25 October 2010
   concerning restrictive measures against the Republic of Guinea
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 27 October 2009, the Council adopted Common Position 2009/788/CFSP concerning restrictive measures against the Republic of Guinea (1), in response to the violent crackdown by security forces on political demonstrators in Conakry on 28 September 2009.

               (2)

               On 22 December 2009, the Council adopted Decision 2009/1003/CFSP amending Common Position 2009/788/CFSP (2), including additional restrictive measures.

               (3)

               On 29 March 2010, the Council adopted Decision 2010/186/CFSP amending Common Position 2009/788/CFSP (3).

               (4)

               On the basis of a review of Common Position 2009/788/CFSP, the restrictive measures should be renewed until 27 October 2011.

               (5)

               The Union implementing measures are set out in Council Regulation (EU) No 1284/2009 of 22 December 2009 imposing certain specific restrictive measures in respect of the Republic of Guinea (4),

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The sale, supply, transfer or export of arms and related material of all types, including weapons and ammunition, military vehicles and equipment, paramilitary equipment and spare parts for the aforementioned, as well as equipment which might be used for internal repression, to the Republic of Guinea by nationals of Member States or from the territories of Member States or using their flag vessels or aircraft, shall be prohibited whether originating or not in their territories.
   2.   It shall be prohibited to:

               (a)

               provide, directly or indirectly, technical assistance, brokering services or other services related to the items referred to in paragraph 1 or related to the provision, manufacture, maintenance and use of such items, to any natural or legal person, entity or body in, or for use in, the Republic of Guinea;

               (b)

               provide, directly or indirectly, financing or financial assistance related to the items referred to in paragraph 1, including in particular grants, loans and export credit insurance, for any sale, supply, transfer or export of such items, or for the provision of related technical assistance, brokering services or other services to any natural or legal person, entity or body in, or for use in, the Republic of Guinea;

               (c)

               participate, knowingly and intentionally, in activities, the object or effect of which is to circumvent the prohibitions referred to in points (a) or (b).

         Article 2
   1.   Article 1 shall not apply to the:

               (a)

               sale, supply, transfer or export of non-lethal military equipment or of equipment which might be used for internal repression, intended solely for humanitarian or protective use, or for institution building programmes of the United Nations (UN) and the European Union, or for Union and UN crisis management operations;

               (b)

               sale, supply, transfer or export of non-combat vehicles which have been manufactured or fitted with materials to provide ballistic protection, intended solely for protective use of personnel of the Union and its Member States in the Republic of Guinea;

               (c)

               provision of technical assistance, brokering services and other services related to such equipment or to such programmes and operations;

               (d)

               provision of financing and financial assistance related to such equipment or to such programmes and operations;

         on condition that such exports and assistance have been approved in advance by the relevant competent authority.
   2.   Article 1 shall not apply to protective clothing, including flak jackets and military helmets, temporarily exported to the Republic of Guinea by UN personnel, personnel of the Union or its Member States, representatives of the media and humanitarian and development workers and associated personnel for their personal use only.
   Article 3
   1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the individual members of the National Council for Democracy and Development (CNDD) and persons associated with them, as listed in the Annex.
   2.   Paragraph 1 shall not oblige a Member State to refuse its own nationals entry into its territory.
   3.   Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:

               (a)

               as a host country to an international intergovernmental organisation;

               (b)

               as a host country to an international conference convened by, or under the auspices of, the UN;

               (c)

               under a multilateral agreement conferring privileges and immunities; or

               (d)

               under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy.

         4.   Paragraph 3 shall be considered as applying also in cases where a Member State is host country to the Organisation for Security and Cooperation in Europe (OSCE).
   5.   The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraphs 3 or 4.
   6.   Member States may grant exemptions from the measures imposed under paragraph 1 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted by the Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in the Republic of Guinea.
   7.   A Member State wishing to grant exemptions referred to in paragraph 6 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the Council members raises an objection in writing within two working days of receiving notification of the proposed exemption. Should one or more of the Council members raise an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.
   8.   In cases where pursuant to paragraphs 3, 4, 6 and 7, a Member State authorises the entry into, or transit through, its territory of persons listed in the Annex, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.
   Article 4
   1.   All funds and economic resources belonging to, owned, held or controlled by the individual members of the CNDD and natural or legal persons, entities or bodies associated with them, as listed in the Annex, shall be frozen.
   2.   No funds or economic resources shall be made available, directly or indirectly, to or for the benefit of, natural or legal persons, entities or bodies listed in the Annex.
   3.   The competent authority of a Member State may authorise the release of certain frozen funds or economic resources, or the making available of certain funds or economic resources, under such conditions as it deems appropriate, after having determined that the funds or economic resources concerned are:

               (a)

               necessary to satisfy the basic needs of the persons listed in the Annex and their dependent family members, including payments for foodstuffs, rent or mortgage, medicines and medical treatment, taxes, insurance premiums, and public utility charges;

               (b)

               intended exclusively for the payment of reasonable professional fees and the reimbursement of incurred expenses associated with the provision of legal services;

               (c)

               intended exclusively for the payment of fees or service charges for the routine holding or maintenance of frozen funds or economic resources; or

               (d)

               necessary for extraordinary expenses, provided that the competent authority has notified the competent authority of the other Member States and the Commission of the grounds on which it considers that a specific authorisation should be granted, at least two weeks prior to the authorisation.

         A Member State shall inform the other Member States and the Commission of any authorisation it grants under this paragraph.
   4.   By way of derogation from paragraph 1, the competent authorities of a Member State may authorise the release of certain frozen funds or economic resources, provided that the following conditions are met:

               (a)

               the funds or economic resources are the subject of a judicial, administrative or arbitral lien established prior to the date on which the natural or legal person, entity or body referred to in Article 4(1) was included in the Annex or of a judicial, administrative or arbitral judgment rendered prior to that date;

               (b)

               the funds or economic resources will be used exclusively to satisfy claims secured by such a lien or recognised as valid in such a judgment, within the limits set by applicable laws and regulations governing the rights of persons having such claims;

               (c)

               the lien or judgment is not for the benefit of a natural or legal person, entity or body listed in the Annex; and

               (d)

               recognising the lien or judgement is not contrary to public policy in the Member State concerned.

         A Member State shall inform the other Member States and the Commission of any authorisation granted under this paragraph.
   5.   Paragraph 2 shall not apply to the addition to frozen accounts of:

               (a)

               interest or other earnings on those accounts; or

               (b)

               payments due under contracts, agreements or obligations that were concluded or arose prior to the date on which those accounts became subject to Common Position 2009/788/CFSP,

         provided that any such interest, other earnings and payments remain subject to paragraph 1.
   Article 5
   1.   The Council, acting upon a proposal by a Member State or the High Representative of the Union for Foreign Affairs and Security Policy, shall adopt amendments to the list contained in the Annex as required by political developments in the Republic of Guinea.
   2.   The Council shall communicate its decision, including the grounds for listing, to the person concerned, either directly, if the address is known, or through the publication of a notice, providing such person with an opportunity to present observations.
   3.   Where observations are submitted, or where substantial new evidence is presented, the Council shall review its decision and inform the person concerned accordingly.
   Article 6
   In order to maximise the impact of the abovementioned measures, the EU shall encourage third States to adopt restrictive measures similar to those contained in this Decision.
   Article 7
   Common Position 2009/788/CFSP is hereby repealed.
   Article 8
   1.   This Decision shall enter into force on the date of its adoption.
   2.   This Decision shall apply until 27 October 2011. It shall be kept under constant review. It may be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.

      Done at Luxembourg, 25 October 2010.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 281, 28.10.2009, p. 7.

      (2)  OJ L 346, 23.12.2009, p. 51.

      (3)  OJ L 83, 30.3.2010, p. 23.

      (4)  OJ L 346, 23.12.2009, p. 26.

      ANNEX

         List of persons referred to in Articles 3 and 4

                  Name (and possible aliases)

                  Identifying information (date and place of birth (d.o.b. and p.o.b.), passport (Pass.)/ID card number, etc.)

                  Reasons

                  1.

                  Captain Moussa Dadis CAMARA

                  d.o.b: 1.1.1964 or 29.12.1968
                  Pass: R0001318

                  President of the CNDD

                  2.

                  Colonel Mathurin BANGOURA

                  d.o.b: 15.11.1962
                  Pass: R0003491

                  Minister for Telecommunications and New Information Technologies

                  3.

                  Lieutenant Colonel Aboubacar Sidiki (alias Idi Amin) CAMARA

                  d.o.b: 22.10.1979
                  Pass: R0017873

                  Minister and Permanent Secretary of the CNDD (discharged from the army on 26.1.2009)

                  4.

                  Commandant Oumar BALDÉ

                  d.o.b: 26.12.1964
                  Pass: R0003076

                  Member of the CNDD

                  5.

                  Commandant Mamadi (alias Mamady) MARA

                  d.o.b: 1.1.1954
                  Pass: R0001343

                  Member of the CNDD

                  6.

                  Commandant Almamy CAMARA

                  d.o.b: 17.10.1975
                  Pass: R0023013

                  Member of the CNDD

                  7.

                  Lieutenant Colonel Mamadou Bhoye DIALLO

                  d.o.b: 1.1.1956
                  Pass: R0001855

                  Member of the CNDD

                  8.

                  Captain Koulako BÉAVOGUI

                  Member of the CNDD

                  9.

                  Police Lieutenant Colonel Kandia (alias Kandja) MARA

                  Pass: R0178636

                  Member of the CNDD
                  Regional Director of Security in Labé

                  10.

                  Colonel Sékou MARA

                  d.o.b: 1957

                  Member of the CNDD
                  Deputy Director of National Police

                  11.

                  Mr Morciré CAMARA

                  d.o.b: 1.1.1949
                  Pass: R0003216

                  Member of the CNDD

                  12.

                  Mr Alpha Yaya DIALLO

                  Member of the CNDD
                  National Director of Customs

                  13.

                  Colonel Mamadou Korka DIALLO

                  d.o.b: 19.2.1962

                  Minister for Trade, Industry and SMEs

                  14.

                  Colonel Fodeba TOURÉ

                  d.o.b: 7.6.1961
                  Pass: R0003417/R0002132

                  Governor of Kindia (former Minister for Youth, dismissed as Minister on 7.5.2009)

                  15.

                  Commandant Cheick Sékou (alias Ahmed) Tidiane CAMARA

                  d.o.b: 12.5.1966

                  Member of the CNDD

                  16.

                  Colonel Sékou (alias Sékouba) SAKO

                  Member of the CNDD

                  17.

                  Lieutenant Jean-Claude PIVI (alias Coplan)

                  d.o.b: 1.1.1960

                  Member of the CNDD
                  Minister with responsibility for presidential security

                  18.

                  Captain Saa Alphonse TOURÉ

                  d.o.b: 3.6.1970

                  Member of the CNDD

                  19.

                  Colonel Moussa KEITA

                  d.o.b: 1.1.1966

                  Member of the CNDD
                  Minister and Permanent Secretary of the CNDD with responsibility for relations with Republican Institutions

                  20.

                  Lieutenant Colonel Aïdor (alias Aëdor) BAH

                  Member of the CNDD

                  21.

                  Commandant Bamou LAMA

                  Member of the CNDD

                  22.

                  Mr Mohamed Lamine KABA

                  Member of the CNDD

                  23.

                  Captain Daman (alias Dama) CONDÉ

                  Member of the CNDD

                  24.

                  Commandant Aboubacar Amadou DOUMBOUYA

                  Member of the CNDD

                  25.

                  Commandant Moussa Tiégboro CAMARA

                  d.o.b: 1.1.1968
                  Pass: 7190

                  Member of the CNDD
                  Minister attached to the Presidency with responsibility for special anti-drug services and organised crime

                  26.

                  Captain Issa CAMARA

                  d.o.b: 1954

                  Member of the CNDD
                  Governor of Mamou

                  27.

                  Colonel Dr. Abdoulaye Chérif DIABY

                  d.o.b: 26.2.1957
                  Pass: 13683

                  Member of the CNDD
                  Minister for Health and Sanitation,

                  28.

                  Mr Mamady CONDÉ

                  d.o.b: 28.11.1952
                  Pass: R0003212

                  Member of the CNDD

                  29.

                  Sub-lieutenant Cheikh Ahmed TOURÉ

                  Member of the CNDD

                  30.

                  Lieutenant Colonel Aboubacar Biro CONDÉ

                  d.o.b: 15.10.1962
                  Pass: 2443/R0004700

                  Member of the CNDD

                  31.

                  Mr Bouna KEITA

                  Member of the CNDD

                  32.

                  Mr Idrissa CHERIF

                  d.o.b: 13.11.1967
                  Pass: R0105758

                  Minister with responsibility for Communication attached to the Presidency and the Ministry of Defence

                  33.

                  Mr Mamoudou (alias Mamadou) CONDÉ

                  d.o.b: 9.12.1960
                  Pass: R0020803

                  State Secretary, official representative, with responsibility for Strategic Issues and Sustainable Development

                  34.

                  Lieutenant Aboubacar Chérif (alias Toumba) DIAKITÉ

                  Presidential aide-de-camp

                  35.

                  Mr Ibrahima Khalil DIAWARA

                  d.o.b: 1.1.1976
                  Pass: R0000968

                  Special adviser to Aboubacar Chérif ‘Toumba’ Diakité

                  36.

                  Sub-lieutenant Marcel KOIVOGUI

                  Deputy to Aboubacar Chérif ‘Toumba’ Diakité

                  37.

                  Mr Papa Koly KOUROUMA

                  d.o.b: 3.11.1962
                  Pass: R11914/R001534

                  Minister for the Environment and Sustainable Development

                  38.

                  Commandant Nouhou THIAM

                  d.o.b: 1960
                  Pass: 5180

                  Inspector-General of the armed forces
                  CNDD spokesman

                  39.

                  Police Captain Théodore (alias Siba) KOUROUMA

                  d.o.b: 13.5.1971
                  Pass: Service R0001204

                  Attaché in the presidential private office

                  40.

                  Captain Mamadou SANDÉ

                  d.o.b: 12.12.1969
                  Pass: R0003465

                  Minister attached to the Presidency with responsibility for the economy and finances

                  41.

                  Mr Alhassane (alias Al-Hassane) Siba ONIPOGUI

                  d.o.b: 31.12.1961
                  Pass: 5938/R00003488

                  Minister attached to the Presidency with responsibility for State control

                  42.

                  Mr Joseph KANDUNO

                  Minister with responsibility for audits, transparency and good governance

                  43.

                  Mr Fodéba (alias Isto) KÉIRA

                  d.o.b: 4.6.1961
                  Pass: R0001767

                  Minister for Youth, Sport and the Promotion of Youth Employment

                  44.

                  Colonel Siba LOHALAMOU

                  d.o.b: 1.8.1962
                  Pass: R0001376

                  Minister for Justice and Keeper of the Seals

                  45.

                  Dr. Frédéric KOLIÉ

                  d.o.b: 1.1.1960
                  Pass: R0001714

                  Minister for Territorial Administration and Political Affairs

                  46.

                  Mr Alexandre Cécé LOUA

                  d.o.b: 1.1.1956
                  Pass: R0001757/
                  Diplomatic passport: R 0000027

                  Minister for Foreign Affairs and Guineans Abroadé

                  47.

                  Mr Mamoudou (alias Mahmoud) THIAM

                  d.o.b: 4.10.1968
                  Pass: R0001758

                  Minister for Mines and Energy

                  48.

                  Mr Boubacar BARRY

                  d.o.b: 28.5.1964
                  Pass: R0003408

                  Minister of State attached to the Presidency with responsibility for construction, planning and public buildings

                  49.

                  Mr Demba FADIGA

                  d.o.b: 1.1.1952
                  Pass: residence permit FR365845/365857

                  Member of the CNDD
                  Ambassador Extraordinary and Plenipotentiary with responsibility for relations between the CNDD and the Government

                  50.

                  Mr Mohamed DIOP

                  d.o.b: 1.1.1963
                  Pass: R0001798

                  Member of the CNDD
                  Governor of Conakry

                  51.

                  Sergeant Mohamed (alias Tigre) CAMARA

                  Member of the security forces attached to the Koundara Presidential Guard camp

                  52.

                  Mr Habib HANN

                  d.o.b: 15.12.1950
                  Pass: 341442

                  Audit and Surveillance Committee for Strategic Sectors of the State

                  53.

                  Mr Ousmane KABA

                  Audit and Surveillance Committee for Strategic Sectors of the State

                  54.

                  Mr Alfred MATHOS

                  Audit and Surveillance Committee for Strategic Sectors of the State

                  55.

                  Captain Mandiou DIOUBATÉ

                  d.o.b: 1.1.1960
                  Pass: R0003622

                  Director of the Presidency press office
                  CNDD spokesman

                  56.

                  Mr Cheik Sydia DIABATÉ

                  d.o.b: 23.4.1968
                  Pass: R0004490

                  Member of the armed forces
                  Director of the Intelligence and Investigation Services at the Ministry of Defence

                  57.

                  Mr Ibrahima Ahmed BARRY

                  d.o.b: 11.11.1961
                  Pass: R0048243

                  Director General of Radio Télévision Guinéenne

                  58.

                  Mr Alhassane BARRY

                  d.o.b: 15.11.1962
                  Pass: R0003484

                  Governor of the Central Bank

                  59.

                  Mr Roda Namatala FAWAZ

                  d.o.b: 6.7.1947
                  Pass: R0001977

                  Businessman connected to the CNDD who has given the CNDD financial support

                  60.

                  Mr Dioulde DIALLO

                  Businessman connected to the CNDD who has given the CNDD financial support

                  61.

                  Mr Kerfalla CAMARA KPC

                  CEO of Guicopress
                  Businessman connected to the CNDD who has given the CNDD financial support

                  62.

                  Dr. Moustapha ZABATT

                  d.o.b: 6.2.1965

                  Doctor and personal adviser to the President

                  63.

                  Mr Aly MANET

                  ‘Dadis Doit Rester’ (Dadis Must Stay) movement

                  64.

                  Mr Louis M'bemba SOUMAH

                  Minister for Employment, Administrative Reform and the Civil Service

                  65.

                  Mr Cheik Fantamady CONDÉ

                  Minister for Information and Culture

                  66.

                  Colonel Boureima CONDÉ

                  Minister for Agriculture and Stock Farming

                  67.

                  Ms. Mariame SYLLA

                  Minister for Decentralisation and Local Government


title: Council Decision of 29 March 2010 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

text:
               11.5.2010

               EN

               Official Journal of the European Union

               C 122/2

         COUNCIL DECISION
   of 29 March 2010
   appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
   2010/C 122/02
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
   Having regard to the nomination submitted by the Spanish Government,
   Whereas:

               (1)

               By its Decision of 14 September 2009 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2009 to 17 September 2012.

               (2)

               A member's seat on the Governing Board of the Centre in the category of Government representatives has become vacant as a result of the resignation of Mr Francisco Javier ALFAYA HURTADO.

               (3)

               The Spanish member of the Governing Board of the aforementioned Centre should be appointed for the remainder of the current term of office, which expires on 17 September 2012,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2012

      GOVERNMENT REPRESENTATIVE

   SPAIN: Mr Adolfo HERNÁNDEZ GORDILLO

      Done at Brussels, 29 March 2010.

            For the Council

            The President

         E. ESPINOSA

      (1)  OJ L 39, 13.2.1975, p. 1.

      (2)  OJ C 226, 19.9.2009, p. 2.


Avis juridique important

|

32001D0906

2001/906/EC,Euratom: Council Decision of 26 November 2001 appointing a Swedish member of the Economic and Social Committee

Official Journal L 337 , 20/12/2001 P. 0034 - 0034

Council Decisionof 26 November 2001appointing a Swedish member of the Economic and Social Committee(2001/906/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 258 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 166 thereof,Having regard to the Council Decision of 15 September 1998 appointing the members of the Economic and Social Committee for the period from 21 September 1998 to 20 September 2002(1),Whereas a member's seat on that Committee has fallen vacant following the resignation of Mr Sture LINDMARK, of which the Council was informed on 29 November 2000;Having regard to the nominations submitted by the Government of Sweden,Having obtained the opinion of the Commission of the European Communities,HAS DECIDED AS FOLLOWS:Sole ArticleMr Inger SOLDÉUS is hereby appointed a member of the Economic and Social Committee in place of Mr Sture LINDMARK for the remainder of the latter's term of office, which ends on 20 September 2002.Done at Brussels, 26 November 2001.For the CouncilThe PresidentR. Landuyt(1) OJ L 257, 19.9.1998, p. 37.


Avis juridique important

|

31996D0752

96/752/EC, ECSC, Euratom: Council and Commission Decision of 25 November 1996 on the conclusion of the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Republic of Slovenia, of the other part

Official Journal L 344 , 31/12/1996 P. 0001 - 0002

COUNCIL AND COMMISSION DECISION of 25 November 1996 on the conclusion of the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Republic of Slovenia, of the other part (96/752/Euratom, ECSC, EC)THE COUNCIL OF THE EUROPEAN UNION,THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 113 together with the first sentence of Article 228 (2) thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 95 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101,Having regard to the opinion of the European Parliament (1),Having regard to the assent of the Council and after consulting the ECSC Consultative Committee,Having regard to the approval given by the Council pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,Whereas, pending the entry into force of the Europe Agreement establishing an association between the European Communities and their Member States, acting within the framework of the European Union, of the one part, and the Republic of Slovenia, of the other part, signed in Luxembourg on 10 June 1996, it is necessary to approve the Interim Agreement on trade and trade-related measures between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Republic of Slovenia of the other part,HAVE DECIDED AS FOLLOWS:Article 1The Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Republic of Slovenia, of the other part, the Protocols and declarations attached to the Final Act are hereby approved on behalf of the European Community, the European Coal and Steel Community and the European Atomic Energy Community (2).The texts of the Agreement, the Protocols annexed thereto and the Final Act are attached to this Decision.Article 2The President of the Council shall deposit the Act of Notification provided for in the Agreement referred to in Article 1 for the European Community. The President of the Commission shall deposit the Acts serving as notification for the European Coal and Steel Community and the European Atomic Energy Community.Done at Brussels, 25 November 1996For the CouncilThe PresidentD. SPRINGFor the CommissionThe PresidentJ. SANTER(1) OJ No C 362, 2. 12. 1996.(2) Slovenia is not yet in a position to complete its approval procedures. In accordance with its Article 51, the Agreement will enter into force on the first day of the second month following communication to the Secretary-General of the Council that this procedure has been completed. Notice of this date will be published in the Official Journal. Since however Slovenia has notified the Secretary-General of the Council that it will apply the Agreement on a provisional basis from 1 January 1997, the Council and the Commission have decided that the Agreement shall also apply provisionally in the Community from 1 January 1997.


title: 2012/604/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the Artemis Joint Undertaking for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/306

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the Artemis Joint Undertaking for the financial year 2010
   (2012/604/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Artemis Joint Undertaking for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Artemis Joint Undertaking for the financial year 2010, together with the replies of the Joint Undertaking (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06086/2012 — C7-0050/2012),

               —

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

               —

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

               —

               having regard to Council Regulation (EC) No 74/2008 of 20 December 2007 on the establishment of the ‘Artemis Joint Undertaking’ to implement a Joint Technology Initiative in Embedded Computing Systems (3), and in particular Article 11(4) thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0109/2012),

               1.

               Grants the Executive Director of the Artemis Joint Undertaking discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2010;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 368, 16.12.2011, p. 1.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 30, 4.2.2008, p. 52.

      (4)  OJ L 357, 31.12.2002, p. 72.
    ---documentbreak---

               17.10.2012

               EN

               Official Journal of the European Union

               L 286/307

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the Artemis Joint Undertaking for the financial year 2010
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Artemis Joint Undertaking for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Artemis Joint Undertaking for the financial year 2010, together with the replies of the Joint Undertaking (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06086/2012 — C7-0050/2012),

               —

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

               —

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

               —

               having regard to Council Regulation (EC) No 74/2008 of 20 December 2007 on the establishment of the ‘Artemis Joint Undertaking’ to implement a Joint Technology Initiative in Embedded Computing Systems (3), and in particular Article 11(4) thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0109/2012),

               A.

               whereas the Artemis Joint Undertaking was set up in December 2007 for a period of 10 years to define and implement a ‘Research Agenda’ for the development of key technologies for embedded computing systems across different application areas in order to strengthen European competitiveness and sustainability, and allow the emergence of new markets and societal applications,

               B.

               whereas the Joint Undertaking started to work autonomously in October 2009,

               C.

               whereas the Court of Auditors states that it has obtained reasonable assurances that the annual accounts for the financial year 2010 are reliable and that the underlying transactions are legal and regular,

               D.

               whereas the maximum contribution for the period of 10 years from the Union to the Joint Undertaking is EUR 420 000 000 to be paid from the budget of the seventh research framework programme,

               E.

               whereas the budget of the Joint Undertaking for the financial year 2010 amounted to EUR 38 500 000,

      Budget and Financial Management

               1.

               Notes with concern that the budget of the Joint Undertaking for the financial year 2010 was not adopted by the end of the previous year; takes note of the Joint Undertaking’s reply that its 2010 budget was adopted in January 2011 due to the fact that the operational part of the budget depends on the commitment of the Member States and that for most of them the amount of commitment can only be ascertained after the adoption of their national budgets; calls on the Joint Undertaking and the contributing Member States to reach an agreement on a timetable and practical arrangements for the disclosure of their respective commitments to enable the adoption of the Joint Undertaking’s budget in due time and to keep the discharge authority informed on this matter;

               2.

               Is concerned that the structure and presentation of the Joint Undertaking’s 2010 budget were not in line with the provisions of the Joint Undertaking’s financial rules; understands from the Joint Undertaking that the structure and presentation of the budget have been adapted in the 2011 budget; calls on the Court of Auditors to assure the discharge authority that the structure and presentation of the Joint Undertaking’s budget are now fully in line with its financial rules;

               3.

               Acknowledges from the Joint Undertaking 2010 Annual Activity Report (AAR) that the commitment credits implemented by the Joint Undertaking for operational expenditures amounted to EUR 36 000 000; takes note that with regards to the administrative expenditure the Joint Undertaking and the Commission agreed on the following split:

                           —

                           the Joint Undertaking and Artemisia: EUR 1 000 000;

                           —

                           the Commission: EUR 1 500 000;

                     notes, however, that the needs of the Joint Undertaking for administrative expenditures reached EUR 1 900 000 and that as a consequence the contribution of the Commission was limited to EUR 935 315,91;

               4.

               Notes that the Joint Undertaking’s final budget included payment appropriations of EUR 27 000 000; acknowledges from the final annual accounts that the appropriations were committed at a rate of 99,9 % but regrets that the utilisation rate only reached the level of 37,78 %;

               5.

               Is concerned about the low implementation rate of the budget and, moreover, about the underlying activities of the Joint Undertaking; underlines that the deposits in bank accounts at the end of 2010 totalled EUR 16 600 000 representing 60 % of the available payment appropriations;

      Internal control systems

               6.

               Calls on the Joint Undertaking to fully implement its internal controls and financial information systems in particular on the operational verification of cost claims, on the assurance provided by the national authorities’ certificates and the ex post audit strategy;

               7.

               Is concerned that in the area of ex ante verification, reliance is placed entirely upon the certificates provided by the national authorities and that the Joint Undertaking does not perform any other checks to ensure the legality and regularity of the expenses declared by the beneficiaries; urges the Joint Undertaking to establish an ex ante verification mechanism in order to avoid errors and/or fraud in the expenses declared;

               8.

               Notes that the ex post audit of cost claims related to projects has been fully delegated to the Member States; is therefore of the opinion that the Joint Undertaking will have difficulties in ensuring that the financial interests of its members are adequately protected and that the underlying transactions are legal and regular; calls on the Joint Undertaking to reconsider its strategy towards the ex post audit of cost claims and to inform the discharge authority on the mechanism implemented to ensure compliance with Article 12 of its Founding Regulation (EC) No 74/2008;

               9.

               Notes the Court of Auditors’ finding that the Joint Undertaking has an adequate level of IT governance and practice for its size and mission; stresses, however, that the strategic IT planning and monitoring cycle, the security policies and rules, IT Risk management and Business Continuity Plan and Disaster Recovery Plan is lagging behind; calls on the Joint Undertaking to remedy the situation and provide the discharge authority with an up-to-date report on the matter;

               10.

               Takes note that the Accounting Officer of the Joint Undertaking validated the financial and accounting systems (ABAC and SAP); notes, however, that the underlying business processes were not validated, in particular the one providing financial information about the validation and payment of the cost claims received from the national authorities; asks the Joint Undertaking to inform the discharge authority on the state of validation of the underlying business processes;

      Internal audit

               11.

               Takes note that the Joint Undertaking’s financial rules have not yet been amended to include the provision referring to the powers of the Commission’s internal auditor regarding the general budget as a whole;

               12.

               Notes, however, that the Commission and the Joint Undertaking have taken action to ensure that the respective operational roles of the Commission’s Internal Audit Service and the Joint Undertaking’s internal auditing function are clearly defined;

      Call for proposals and projects negotiations

               13.

               Acknowledges from the AAR that the Joint Undertaking’s Call 2010 was published on 26 February 2010 and that 73 proposals for research projects were submitted in response to Project Outline (PO) phase of this Call, of which 72 satisfied the eligibility criteria; notes that the 11 selected proposals range in size from EUR 45 000 000 to EUR 3 400 000, with four projects of EUR 15 000 000 or more, representing 66 % of the total investment; notes, however, that of the original 11 projects for which the Executive Director was mandated to negotiate, one had to be deemed irrevocably unsuccessful, leaving a total of 10 projects successfully negotiated;

               14.

               Notes the introduction of the concept of ‘Maturity Index’ during the Call 2010; understands that the tool, which aims to help further analysis, was used at PO phase to judge the subjective quality of the POs and to observe the level of maturity of the response of the Artemis community to the work programme;

               15.

               Establishes from the AAR that with regards to the negotiation and start of R & D projects, some delay was recorded in the delivery of the ‘production environment’ for the Joint Undertaking contract negotiations due to some change of priority in the Commission’s services responsible for the management of the FP7 IT tools; takes note from the Joint Undertaking that the technical delay is under control and that a fully operational production environment was expected to be delivered by mid-January 2011; notes, however, that as a mitigating action to prevent further delays in the Joint Undertaking contract negotiations, a back-up solution based on manual processing is in place that would allow the closure of all negotiations in the first quarter 2011 (assuming that national contracts are signed), in case the IT tools were not yet ready;

               16.

               Ascertains from the AAR that at year-end 2010 the Joint Undertaking grant agreements were signed for the 13 projects of Call 2009 and that all projects were launched;

               17.

               Considers that it is positive that the Joint Undertaking monitored and reviewed the 2008 Calls projects; observes, however, that the evaluation of the projects’ outcomes often lack details to assess their performance; notes in particular that the outcomes of the projects CHARTER, eDIANA, SYSMODEL, iLAND, INDEXYS, CHESS and CESAR are only rated as ‘positive’; calls on the Joint Undertaking to develop and implement more precise performance indicators for the future monitoring and review of its projects;

      Performance

               18.

               Notes from the AAR that the Commission’s report on the first interim evaluation of the Artemis and ENIAC Joint Technology Initiatives was adopted on 16 December 2010;

               19.

               Underlines that the interim evaluation formulated three recommendations to the Joint Undertaking:

                           —

                           to solve the ‘free riding’ problem, the Joint Undertaking should establish a system where each non-member beneficiary pays a percentage of its Union contribution as a fee to the costs of the Joint Undertaking;

                           —

                           the evaluation and selection processes should be modified to improve the match of the portfolio of supported projects to the strategic European aims of the programme;

                           —

                           Member States and the Industrial Associations should work together to establish processes whereby potential proposers can be given early, constructive feedback on their prospects for support;

                     asks the Joint Undertaking to inform the discharge authority about the measures introduced following the results of this first interim evaluation;

               20.

               Takes note of the Commission’s proposal establishing the Specific Programme Implementing Horizon 2020 — The Framework Programme for Research and Innovation (2014-2020) — where the Commission raises a possibility of combining Artemis and ENIAC Joint Undertakings into one initiative and the possibility to set up new Joint Undertakings in the context of implementing the ‘Societal challenges’ part of Horizon 2020; calls on the Commission to keep the discharge authority informed about this matter;

      Lack of host State agreement

               21.

               Reiterates that the Joint Undertaking should rapidly conclude a host agreement with Belgium concerning office accommodation, privileges and immunities and other support to be provided by Belgium to it as provided by its Founding Regulation (EC) No 74/2008;

      Horizontal observations on the Joint Undertakings

               22.

               Underlines that seven Joint Undertakings have so far been established by the Commission under Article 187 of the Treaty on the Functioning of the European Union; notes that six Joint Undertakings (IMI, Artemis, ENIAC, Clean Sky, FCH and ITER-F4E) are in the research area under the Commission’s DGs RTD and INFSO and one is charged with developing the new air traffic management system (SESAR) in the transport domain whose activities are supervised by DG MOVE;

               23.

               Notes that the total indicative resources deemed necessary for the Joint Undertakings for their period of existence amounts to EUR 21 793 000 000;

               24.

               Notes that the total Union contribution deemed necessary for the Joint Undertakings for their period of existence amounts to EUR 11 489 000 000;

               25.

               Notes that, for the financial year 2010, the overall Union contribution to the budget of the Joint Undertakings amounted to EUR 505 000 000;

               26.

               Calls on the Commission to provide the discharge authority annually with consolidated information on the total annual funding per Joint Undertaking made from the general budget of the Union in order to ensure transparency and clarity on the use of the Union’s funds and restore trust among the European taxpayers;

               27.

               Welcomes the initiative of Artemis to include information in its AAR on the monitoring and review of its ongoing projects; believes this is a practice that should be followed by the other Joint Undertakings;

               28.

               Recalls that Joint Undertakings are public–private partnerships and that as a consequence public and private interests are intertwined; is of the opinion that under the circumstances the likelihood of conflicts of interest should not be dismissed but addressed properly; calls therefore on the Joint Undertakings to inform the discharge authority on the verification mechanisms which exist in their respective structures to enable a proper management and prevention of conflicts of interest;

               29.

               Notes, with the notable exception of the Joint Undertaking for ITER and the Development of Fusion Energy, that Joint Undertakings are relatively small structures and geographically concentrated; believes therefore that they should pool their resources where possible;

               30.

               Calls on the Court of Auditors to provide the discharge authority with a follow-up on the comments it has made for each of the Joint Undertakings in their respective report on the annual accounts for the financial year 2011;

               31.

               Invites the Court of Auditors to provide, within a reasonable deadline, a special report to the Parliament, on the added value of the establishment of the Joint Undertakings for the efficient execution of Union research, technological development and demonstration programmes; further notes that the same report should include an assessment of the effectiveness of the Joint Undertakings’ establishment.

      (1)  OJ C 368, 16.12.2011, p. 1.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 30, 4.2.2008, p. 52.

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