title: 2006/18/EC: Commission Decision of  16 January 2006  amending Decision 2000/690/EC setting up an Enterprise Policy Group, in order to extend its period of validity

text:
               17.1.2006

               EN

               Official Journal of the European Union

               L 11/36

      COMMISSION DECISION

   of 16 January 2006
   amending Decision 2000/690/EC setting up an Enterprise Policy Group, in order to extend its period of validity
   (2006/18/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Whereas:

               (1)

               In accordance with Article 6 of Commission Decision 2000/690/EC (1), it appears appropriate that the work of the expert group denominated ‘Enterprise Policy Group’ should continue unhindered in 2006 in the same format as established by that Decision.

               (2)

               Decision 2000/690/EC should therefore be amended accordingly,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   In Article 6 of Decision 2000/690/EC, the second sentence is replaced by the following: ‘It shall apply until 31 December 2006’.

      Done at Brussels, 16 January 2006.

            For the Commission

         Günter VERHEUGEN

            Vice-President

      (1)  OJ L 285, 10.11.2000, p. 24. Decision as amended by Decision 2003/247/EC (OJ L 93, 10.4.2003, p. 27).


title: 2012/228/EU: Council Decision of 24 April 2012 on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex XXI (Statistics) to the EEA Agreement

text:
               28.4.2012

               EN

               Official Journal of the European Union

               L 116/5

         COUNCIL DECISION
   of 24 April 2012
   on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex XXI (Statistics) to the EEA Agreement
   (2012/228/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 338(1) and Article 218(9) thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Annex XXI to the Agreement on the European Economic Area (2) (‘the EEA Agreement’), contains specific provisions and arrangements concerning statistics.

               (2)

               Regulation (EU) No 691/2011 of the European Parliament and of the Council of 6 July 2011 on European environmental economic accounts (3) should be incorporated into the Agreement.

               (3)

               With regard to Iceland, Annexes I, II and III to Regulation (EU) No 691/2011 are to be implemented within two years from the first transmission deadline to allow for the further development of the Icelandic national environmental accounts.

               (4)

               Since Liechtenstein is already exempted from the European system of national and regional accounts under Council Regulation (EC) No 2223/96 of 25 June 1996 on the European system of national and regional accounts in the Community (4), it is also to be exempted from the obligations concerning the European environmental economic accounts.

               (5)

               The position of the Union in the EEA Joint Committee should therefore be based on the attached draft Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the European Union within the EEA Joint Committee on the proposed amendment to Annex XXI (Statistics) to the EEA Agreement shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 24 April 2012.

            For the Council

            The President

         N. WAMMEN

      (1)  OJ L 305, 30.11.1994, p. 6.

      (2)  OJ L 1, 3.1.1994, p. 3.

      (3)  OJ L 192, 22.7.2011, p. 1.

      (4)  OJ L 310, 30.11.1996, p. 1.

      DRAFT
      DECISION No …/2012 OF THE EEA JOINT COMMITTEE
      of
      amending Annex XXI (Statistics) to the EEA Agreement
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area (1), as amended by the Protocol adjusting the Agreement on the European Economic Area, hereinafter referred to as ‘the EEA Agreement’, and in particular Article 98 thereof,
      Whereas:

                  (1)

                  Regulation (EU) No 691/2011 of the European Parliament and of the Council of 6 July 2011 on European environmental economic accounts (2) should be incorporated into the EEA Agreement.

                  (2)

                  Annex XXI to the EEA Agreement should be amended accordingly,

            HAS ADOPTED THIS DECISION:
      Article 1
      The following point shall be inserted in Annex XXI (Statistics) to the EEA Agreement:

                  ‘27c.

                     32011 R 0691: Regulation (EU) No 691/2011 of the European Parliament and of the Council of 6 July 2011 on European environmental economic accounts (OJ L 192, 22.7.2011, p. 1).
                  The provisions of Regulation (EU) No 691/2011 shall, for the purposes of this Agreement, be read with the following adaptations:

                              (a)

                              with regard to Iceland, Annexes I, II and III to Regulation (EU) No 691/2011 shall be implemented within two years from the first transmission deadline;

                              (b)

                              Regulation (EU) No 691/2011 shall not apply to Liechtenstein.’.

            Article 2
      The texts of Regulation (EU) No 691/2011 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
      Article 3
      This Decision shall enter into force on …, provided that all the notifications under Article 103(1) of the EEA Agreement have been made to the EEA Joint Committee (3).
      Article 4
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at …, …

               For the EEA Joint Committee

               The President

               The Secretaries to the EEA Joint Committee

         (1)  OJ L 1, 3.1.1994, p. 3.

         (2)  OJ L 192, 22.7.2011, p. 1.

         (3)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]


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32003D0704

2003/704/EC: Council Decision of 22 September 2003 on the conclusion of an Agreement amending the Protocol to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, on conformity assessment and acceptance of industrial products (PECA)

Official Journal L 256 , 09/10/2003 P. 0017 - 0017

Council Decisionof 22 September 2003on the conclusion of an Agreement amending the Protocol to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, on conformity assessment and acceptance of industrial products (PECA)(2003/704/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with the first sentence of the first subparagraph of Article 300(2), and the first sentence of the first subparagraph of Article 300(3) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part(1), hereinafter referred to as "the Europe Agreement", entered into force on 1 February 1995.(2) On 26 February 2001 the Parties agreed a Protocol to the Europe Agreement on conformity assessment and acceptance of industrial products(2), hereinafter referred to as "the Protocol".(3) The Protocol in Article 8 restricted the application of the Protocol to industrial products that originate in the Parties according to non-preferential rules of origin. In order to improve trade between the Parties, to simplify the operation of the Protocol, and to improve alignment with the position that will apply after accession of the Czech Republic to the European Union, this restriction should be deleted by way of an amendment to the Protocol.(4) The Agreement amending the Protocol signed in Brussels on 23 July 2003 should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement amending the Protocol to the Europe Agreement with the Czech Republic on conformity assessment and acceptance of industrial products hereinafter referred to as "the Agreement", is hereby approved on behalf of the European Community.The text of the Agreement is attached to this Decision.Article 2The President of the Council shall, on behalf of the Community, transmit the diplomatic note provided for in Article 2 of the Agreement(3).Done at Brussels, 22 September 2003.For the CouncilThe PresidentF. Frattini(1) OJ L 360, 31.12.1994, p. 2.(2) OJ L 135, 17.5.2001, p. 3.(3) The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.


title: Council Decision 2006/477/CFSP of  30 June 2006  concerning the conclusion of the Agreement between the European Union and the former Yugoslav Republic of Macedonia on the participation of the former Yugoslav Republic of Macedonia in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA)

text:
               11.7.2006

               EN

               Official Journal of the European Union

               L 188/9

         COUNCIL DECISION 2006/477/CFSP
   of 30 June 2006
   concerning the conclusion of the Agreement between the European Union and the former Yugoslav Republic of Macedonia on the participation of the former Yugoslav Republic of Macedonia in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               On 12 July 2004, the Council adopted Joint Action 2004/570/CFSP on the European Union military operation in Bosnia and Herzegovina (1).

               (2)

               Article 11(3) of that Joint Action provides that detailed arrangements regarding the participation of third States are to be the subject of an agreement, in accordance with Article 24 of the Treaty.

               (3)

               Following authorisation by the Council on 13 September 2004, the Presidency, assisted by the Secretary-General/High Representative, negotiated an Agreement between the European Union and the former Yugoslav Republic of Macedonia on the participation of the former Yugoslav Republic of Macedonia in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA).

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the former Yugoslav Republic of Macedonia on the participation of the former Yugoslav Republic of Macedonia in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA) is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the European Union.
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 30 June 2006.

            For the Council

            The President

         U. PLASSNIK

      (1)  OJ L 252, 28.7.2004, p. 10.
    ---documentbreak---

               11.7.2006

               EN

               Official Journal of the European Union

               L 188/10

         AGREEMENT
   between the European Union and the former Yugoslav Republic of Macedonia on the participation of the former Yugoslav Republic of Macedonia in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA)
   THE EUROPEAN UNION (EU),
   of the one part, and
   THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA,
   of the other part,
   hereinafter referred to as the ‘Parties’,
   TAKING INTO ACCOUNT:

               —

               the adoption by the Council of the European Union of Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1),

               —

               the invitation to the former Yugoslav Republic of Macedonia to participate in the EU-led operation,

               —

               the recommendation by the EU Operation Commander and the EU Military Committee to agree on the participation of the former Yugoslav Republic of Macedonia's forces in the EU led operation,

               —

               Political and Security Committee Decision BiH/3/2004 of 29 September 2004 on the setting up of the Committee of Contributors for the European Union military operation in Bosnia and Herzegovina (2),

               —

               Political and Security Committee Decision BiH/8/2006 of 15 March 2006 amending Decision BiH/1/2004 on the acceptance of third States' contributions to the European Union military operation in Bosnia and Herzegovina and Decision BiH/3/2004 on the setting up of the Committee of Contributors for the European Union military operation in Bosnia and Herzegovina,

         HAVE AGREED AS FOLLOWS:
   Article 1
   Participation in the operation
   1.   The former Yugoslav Republic of Macedonia shall associate itself with Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina and with any Joint Action or Decision by which the Council of the European Union decides to extend the EU military crisis management operation, in accordance with the provisions of this Agreement and any required implementing arrangements.
   2.   The contribution of the former Yugoslav Republic of Macedonia to the EU military crisis management operation is without prejudice to the decision-making autonomy of the European Union.
   3.   The former Yugoslav Republic of Macedonia shall ensure that its forces and personnel participating in the EU military crisis management operation undertake their mission in conformity with:

               —

               Joint Action 2004/570/CFSP and possible subsequent amendments,

               —

               the Operation Plan,

               —

               implementing measures.

         4.   Forces and personnel seconded to the operation by the former Yugoslav Republic of Macedonia shall carry out their duties and conduct themselves solely with the interest of the EU military crisis management operation in mind.
   5.   The former Yugoslav Republic of Macedonia shall inform the EU Operation Commander in due time of any change to its participation in the operation.
   Article 2
   Status of forces
   1.   The status of the forces and personnel contributed to the EU military crisis management operation by the former Yugoslav Republic of Macedonia shall be governed by the provisions on the status of forces, if available, agreed between the European Union and the host country.
   2.   The status of the forces and personnel contributed to headquarters or command elements located outside Bosnia and Herzegovina shall be governed by arrangements between the headquarters and command elements concerned and the former Yugoslav Republic of Macedonia.
   3.   Without prejudice to the provisions on the status of forces referred to in paragraph 1, the former Yugoslav Republic of Macedonia shall exercise jurisdiction over its forces and personnel participating in the EU military crisis management operation.
   4.   The former Yugoslav Republic of Macedonia shall be responsible for answering any claims linked to participation in the EU military crisis management operation, from or concerning any of its forces and personnel. The former Yugoslav Republic of Macedonia shall be responsible for bringing any action, in particular legal or disciplinary, against any of its forces and personnel, in accordance with its laws and regulations.
   5.   The former Yugoslav Republic of Macedonia undertakes to make a declaration as regards the waiver of claims against any State participating in the EU military crisis management operation, and to do so when signing this Agreement.
   6.   The European Union undertakes to ensure that Member States make a declaration as regards the waiver of claims, for the participation of the former Yugoslav Republic of Macedonia in the EU military crisis management operation, and to do so when signing this Agreement.
   Article 3
   Classified information
   1.   The former Yugoslav Republic of Macedonia shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council's security regulations, contained in Council Decision 2001/264/EC of 19 March 2001 (3), and in accordance with further guidance issued by competent authorities, including the EU Operation Commander.
   2.   Where the EU and the former Yugoslav Republic of Macedonia have concluded an agreement on security procedures for the exchange of classified information, the provisions of such an agreement shall apply in the context of the EU military crisis management operation.
   Article 4
   Chain of command
   1.   All forces and personnel participating in the EU military crisis management operation shall remain under the full command of their national authorities.
   2.   National authorities shall transfer the Operational and Tactical command and/or control of their forces and personnel to the EU Operation Commander. The EU Operation Commander is entitled to delegate his authority.
   3.   The former Yugoslav Republic of Macedonia shall have the same rights and obligations in terms of the day-to-day management of the operation as participating European Union Member States.
   4.   The EU Operation Commander may, following consultations with the former Yugoslav Republic of Macedonia, at any time request the withdrawal of the former Yugoslav Republic of Macedonia's contribution.
   5.   A Senior Military Representative (SMR) shall be appointed by the former Yugoslav Republic of Macedonia to represent its national contingent in the EU military crisis management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for day-to-day contingent discipline.
   Article 5
   Financial aspects
   1.   The former Yugoslav Republic of Macedonia shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 1(1) of this Agreement, as well as in Council Decision 2004/197/CFSP of 23 February 2004 establishing a mechanism to administer the financing of the common costs of EU operations having military or defence implications (4).
   2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, the former Yugoslav Republic of Macedonia shall, when its liability has been established, pay compensation under the conditions foreseen in the provisions on status of forces, if available, as referred to in Article 2(1) of this Agreement.
   Article 6
   Arrangements to implement the Agreement
   Any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary-General of the Council of the European Union/High Representative for the Common Foreign and Security Policy and the appropriate authorities of the former Yugoslav Republic of Macedonia.
   Article 7
   Non compliance
   Should one of the Parties fail to comply with its obligations laid down in the previous Articles, the other Party shall have the right to terminate this Agreement by serving a notice of one month.
   Article 8
   Dispute settlement
   Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
   Article 9
   Entry into force
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.
   2.   This Agreement shall be provisionally applied from the date of signature.
   3.   This Agreement shall remain in force for the duration of the former Yugoslav Republic of Macedonia's contribution to the operation.

      Done at Brussels, on 30 June 2006 in the English language in four copies.

            For the European Union

            For the former Yugoslav Republic of Macedonia

      (1)  OJ L 252, 28.7.2004, p. 10.

      (2)  OJ L 325, 28.10.2004, p. 64. Decision as last amended by Decision BiH/8/2006 (OJ L 96, 5.4.2006, p. 14).

      (3)  OJ L 101, 11.4.2001, p. 1. Decision as last amended by Decision 2005/952/EC (OJ L 346, 29.12.2005, p. 18).

      (4)  OJ L 63, 28.2.2004, p. 68. Decision as last amended by Decision 2005/68/CFSP (OJ L 27, 29.1.2005, p. 59).
   DECLARATIONS
   referred to in Article 2(5) and (6) of the Agreement
   Declaration by the EU Member States:
   ‘The EU Member States applying EU Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina will endeavour, in so far as their internal legal systems so permit, to waive as far as possible claims against the former Yugoslav Republic of Macedonia for injury, death of its personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis management operation if such injury, death, damage or loss:

               —

               was caused by personnel from the former Yugoslav Republic of Macedonia in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or

               —

               arose from the use of any assets owned by the former Yugoslav Republic of Macedonia, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel from the former Yugoslav Republic of Macedonia using those assets.’

         Declaration by the former Yugoslav Republic of Macedonia:
   ‘The former Yugoslav Republic of Macedonia associating itself with EU Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina will endeavour, in so far as its internal legal system so permits, to waive as far as possible claims against any other State participating in the EU crisis management operation for injury, death of their personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if such injury, death, damage or loss:

               —

               was caused by personnel in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or

               —

               arose from the use of any assets owned by States participating in the EU crisis management operation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel using those assets.’


Avis juridique important

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31996D0416

96/416/EC: Commission Decision of 9 July 1996 terminating the anti-dumping proceeding concerning imports of certain types of bedlinen originating in India, Pakistan, Thailand and Turkey

Official Journal L 171 , 10/07/1996 P. 0027 - 0028

COMMISSION DECISION of 9 July 1996 terminating the anti-dumping proceeding concerning imports of certain types of bedlinen originating in India, Pakistan, Thailand and Turkey (96/416/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1), and in particular Article 23 thereof,Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (2), as last amended by Regulation (EC) No 522/94 (3), and in particular Articles 5 (4) and 9 thereof,After consulting the Advisory Committee,Whereas:I. PROCEDURE (1) In September 1993 the Commission received a complaint from the Committee of the Cotton and Allied Textile Industries of the EC ('Eurocoton`) concerning imports of certain types of bedlinen originating in India, Pakistan, Thailand and Turkey. The complaint was lodged on behalf of producers of the product in question allegedly representing a major proportion of total bedlinen output in the Community. The complaint contained evidence of dumping and material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. The Commission accordingly announced, by a notice published in the Official Journal of the European Communities (4), the initiation of an anti-dumping proceeding concerning imports into the Community of certain types of bedlinen of certain fibres, pure or mixed, bleached, dyed or printed, falling within CN codes 6302 21 00, 6302 22 90, 6302 31 10, 6302 31 90 and 6302 32 90.(2) The Commission officially advised the exporters and importers known to be concerned, the representatives of the exporting countries and the complainants, and gave the parties directly concerned the opportunity to make their views known in writing and to request a hearing.(3) Owing to the volume of information gathered and the complexity of the investigation, the proceeding exceeded the normal duration of one year as provided for in Article 7 (9) of Regulation (EEC) No 2423/88.II. WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING (4) The complainant Community producers formally withdrew the complaint concerning imports of certain types of bedlinen originating in India, Pakistan, Thailand and Turkey. The Commission considers that a termination in this context would not be contrary to the interest of the Community.(5) Consequently, the anti-dumping proceeding concerning imports of certain types of bedlinen originating in India, Pakistan, Thailand and Turkey should be terminated without imposition of protective measures.(6) The Advisory Committee has been consulted and has raised no objection.(7) Interested parties were informed of the essential facts and considerations on the basis of which the Commission intended to terminate the proceeding and have been given the opportunity to comment,HAS DECIDED AS FOLLOWS:Sole Article The anti-dumping proceeding concerning imports of certain types of bedlinen originating in India, Pakistan, Thailand and Turkey is hereby terminated.Done at Brussels, 9 July 1996.For the CommissionLeon BRITTANVice-President(1) OJ No L 56, 6. 3. 1996, p. 1.(2) OJ No L 209, 2. 8. 1988, p. 1.(3) OJ No L 66, 10. 3. 1994, p. 10.(4) OJ No C 21, 25. 1. 1994, p. 8.


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31988D0512

88/512/EEC: Council Decision of 26 September 1988 concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Republic of Finland on research in the field of wood, including cork, as a renewable raw material

Official Journal L 276 , 07/10/1988 P. 0017 - 0017

COUNCIL DECISION of 26 September 1988 concerning the conclusion of a Cooperation Agreement between the European Economic Community and the Republic of Finland on research in the field of wood, including cork, as a renewable raw material  (88/512/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the opinion of the European Parliament (2),  Whereas, by Decision 86/235/EEC (3), the Council adopted a research programme on materials (raw materials and advanced materials) (1986 to 1989) which includes a subprogramme on wood, including cork, as a renewable raw material; whereas Article 6 of  that Decision authorizes the Commission to negotiate agreements with third States, in particular those involved in European cooperation in the field of scientific and technical research (COST), with a view to associating them fully or partly with this  programme;  Whereas, by Decision 87/177/EEC (4), the Council approved the conclusion on behalf of the European Economic Community of the Framework Agreement for scientific and technical cooperation between the European Communities and among others, the Republic of  Finland;  Whereas the Cooperation Agreement between the European Economic Community and the Republic of Finland on research in the field of wood, including cork, as a renewable raw material should be approved;  Whereas the Treaty does not provide, for the action concerned, powers other than those of Article 235,  HAS DECIDED AS FOLLOWS:    Article 1 The Cooperation Agreement between the European Economic Community and the Republic of Finland on research in the field of wood, including cork, as a renewable raw material is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2 The President of the Council shall give the notification provided for in Article 10 of the Agreement (5).   Done at Brussels, 26 September 1988.  For the Council The President Th. PANGALOS (6) OJ No C 153, 11. 6. 1988, p. 10.  (7) OJ No C 235, 12. 9. 1988.  (8) OJ No L 159, 14. 6. 1986, p. 36.  (9) OJ No L 71, 14. 3. 1987, p. 29.  (10) The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.  EWG:L000UMBE13.95 FF: 0UEN;   SETUP: 01;   Hoehe: 446 mm;   56 Zeilen;   2475 Zeichen;  Bediener: HELM   Pr.: C;  Kunde: ................................


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31973Y0919(06)

Decision No 78 of 22 February 1973 concerning the interpretation of Article 7 (1) (a) of Regulation (EEC) No 574/72 relating to the procedures for implementing the reduction or suspension clauses

Official Journal C 075 , 19/09/1973 P. 0008 - 0008 Spanish special edition: Chapter 05 Volume 2 P. 0011  Portuguese special edition Chapter 05 Volume 2 P. 0011

DECISION No 78  of 22 February 1973  concerning the interpretation of Article 7 (1) (a) of Regulation (EEC) No 574/72 relating to the procedures for implementing the reduction or suspension clauses  THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS;  Having regard to Article 81 (a) in Regulation (EEC) No 1408/71 under which it is made responsible for dealing with all questions of interpretation arising from the provisions of Regulations (EEC) Nos 1408/71 and 574/72;  Whereas Decision No 31 published in the Official Journal of the European Communities No 13 of 17 February 1961 has been rendered unvalid by the entry into force of Regulations (EEC) Nos 1408/71 and 574/72, but, taking into account the provisions of the said Regulations, there are grounds for adopting a new decision;  Whereas it is in fact essential to know what interpretation is to be given to the expression "sum which is subject to reduction or suspension" used in Article 7 (1) (a) of Regulation (EEC) No 574/72;  Whereas the expression "sum which is subject to reduction or suspension" cannot be interpreted as representing the sum which would be paid under a given legislation if no overlapping benefit rule was applicable, after deliberation in the light of the conditions laid down in Article 80 (3) of Regulation (EEC) No 1408/71;  HAS DECIDED:        1.  The expression "sum which is subject to reduction or suspension" must be interpreted as representing the sum which would not be paid if the provisions in Article 12 (2) and (3) of Regulation (EEC) No 1408/71 were strictly applied. 2. This Decision shall be published in the Official Journal of the European Communities. It shall apply to the six Founder Member States as from 1 October 1972 and, in accordance with the Treaty of Accession, as from 1 April 1973 for the three new Member States.      The President of the Administrative Commission  J. DONIS


title: Council Decision (EU) 2015/1878 of 8 October 2015 authorising the Kingdom of Belgium and the Republic of Poland, respectively, to ratify, and the Republic of Austria to accede to the Budapest Convention on the Contract for the Carriage of Goods by Inland Waterways (CMNI)

text:
               21.10.2015

               EN

               Official Journal of the European Union

               L 276/1

         COUNCIL DECISION (EU) 2015/1878
   of 8 October 2015
   authorising the Kingdom of Belgium and the Republic of Poland, respectively, to ratify, and the Republic of Austria to accede to the Budapest Convention on the Contract for the Carriage of Goods by Inland Waterways (CMNI)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 81(2), in conjunction with point (a) of Article 218(6) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               The Budapest Convention on the Contract for the Carriage of Goods by Inland Waterways (CMNI) (‘the Budapest Convention’ or ‘the Convention’) is a valuable instrument to promote inland navigation across Europe.

               (2)

               The Union has exclusive external competence in particular with regard to Article 29 of the Budapest Convention in so far as the provisions of that Article affect the rules laid down in Regulation (EC) No 593/2008 of the European Parliament and of the Council (1).

               (3)

               The Budapest Convention is not open for participation by Regional Economic Integration Organisations such as the European Union. As a result, the Union is not in a position to become a Contracting Party to the Convention.

               (4)

               The Member States which have navigable inland waterways falling within the scope of the Budapest Convention should therefore be authorised to ratify or accede to the Convention.

               (5)

               The Kingdom of Belgium, the Republic of Bulgaria, the Czech Republic, the Federal Republic of Germany, the French Republic, the Republic of Croatia, the Grand Duchy of Luxembourg, Hungary, the Kingdom of the Netherlands, Romania and the Slovak Republic are Contracting Parties to the Budapest Convention.

               (6)

               The Kingdom of Belgium ratified the Budapest Convention after the adoption of Regulation (EC) No 593/2008 by which the Union acquired exclusive external competence. The Council should therefore ex post authorise the Kingdom of Belgium to ratify the Convention.

               (7)

               The Republic of Austria and the Republic of Poland, which have navigable inland waterways falling within the scope of the Budapest Convention, have expressed their interest in becoming Contracting Parties to the Convention.

               (8)

               The remaining Member States have indicated that they do not have navigable inland waterways falling within the scope of the Budapest Convention and therefore do not have an interest in ratifying or acceding to the Convention.

               (9)

               The Budapest Convention allows Contracting States to make declarations with regard to the scope of application of the Convention. Accordingly, the Republic of Austria and the Republic of Poland should make the declarations allowed under its provisions which they deem appropriate and necessary.

               (10)

               The United Kingdom and Ireland are bound by Regulation (EC) No 593/2008 and are therefore taking part in the adoption and application of this Decision.

               (11)

               In accordance with Articles 1 and 2 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Council hereby authorises the Kingdom of Belgium and the Republic of Poland, respectively, to ratify, and the Republic of Austria to accede to the Budapest Convention on the Contract for the Carriage of Goods by Inland Waterways (CMNI).
   The text of the Convention is attached to this Decision.
   Article 2
   The Republic of Austria and the Republic of Poland shall make the appropriate declarations allowed under the provisions of the Budapest Convention.
   Article 3
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.
   Article 4
   This Decision is addressed to the Kingdom of Belgium, the Republic of Austria and the Republic of Poland.

      Done at Luxembourg, 8 October 2015.

            For the Council

            The President

         J. ASSELBORN

      (1)  Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I) (OJ L 177, 4.7.2008, p. 6).


title: Council Decision of 28 October 2014 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

text:
               1.11.2014

               EN

               Official Journal of the European Union

               C 387/1

         COUNCIL DECISION
   of 28 October 2014
   appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
   (2014/C 387/01)
   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 Estonian government,
   Whereas:

               (1)

               By its Decision of 16 July 2012 (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 2012 to 17 September 2015.

               (2)

               A member’s seat is available for Estonia on the Governing Board of the Centre in the category of Government representatives as a result of the resignation of Mr Kalle TOOM.

               (3)

               The members 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 2015,

         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 2015:
   GOVERNMENT REPRESENTATIVES:

               ESTONIA

               Ms Rita SIILIVASK

      Done at Luxembourg, 28 October 2014.

            For the Council

            The President

         G. L. GALLETTI

      (1)  OJ L 39, 13.2.1975, p. 1.

      (2)  OJ C 228, 31.7.2012, p. 3.


title: 2013/590/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the European Network and Information Security Agency for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/272

      DECISION OF THE EUROPEAN PARLIAMENT

   of 17 April 2013
   on discharge in respect of the implementation of the budget of the European Network and Information Security Agency for the financial year 2011
   (2013/590/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Network and Information Security Agency for the financial year 2011,

               —

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

               —

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

               —

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

               —

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

               —

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

               —

               having regard to Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European Network and Information Security Agency (4), and in particular Article 17 thereof,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0100/2013),

               1.

               Grants the Executive Director of the European Network and Information Security Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2011;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 135.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 77, 13.3.2004, p. 1.

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

         RESOLUTION OF THE EUROPEAN PARLIAMENT

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

                  —

                  having regard to the final annual accounts of the European Network and Information Security Agency for the financial year 2011,

                  —

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

                  —

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

                  —

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

                  —

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

                  —

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

                  —

                  having regard to Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing a European Network and Information Security Agency (4), and in particular Article 17 thereof,

                  —

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

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control (A7-0100/2013),

                  A.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts for the financial year 2011 are reliable and that the underlying transactions are legal and regular,

                  B.

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

                              —

                              expressed its concern that the Court of Auditors reported appropriations carrying forward 19 % of the total budget of the Agency to the following year,

                              —

                              urged the Agency to:

                              —

                              put an exhaustive physical inventory list in place and ensure the correctness of the accounting records,

                              —

                              improve the transparency of estimates and clarify who has responsibility,

                              —

                              strengthen its procurement authorisation at a financing decision and work-programme level,

                              —

                              ensure that the disclosure of exceptions in its Annual Activity Report is made in a comprehensive manner,

                              —

                              ensure adequate follow up of potential irregularities,

                              —

                              develop and report on ex-post controls,

                  C.

                  whereas the overall budget of the Agency for the year 2011 was EUR 8 102 921, which is 0,003 % less than its budget for 2010 (EUR 8 133 188); whereas for 2011, the initial contribution of the Union to the budget of the Agency amounted to EUR 7 931 858 (7), compared to EUR 7 928 200 in 2010,

         Budgetary and financial management

                  1.

                  Recalls that the initial Union contribution was EUR 7 931 858 for 2011; notes that the budget implementation improved compared with the previous year;

                  2.

                  Acknowledges from the annual accounts that the initial 2011 budget of the Agency amounted to EUR 7 931 858; notes, however, that the Management Board amended the budget in order to reflect a contribution from European Free Trade Association countries of EUR 171 063;

                  3.

                  Establishes from the annual accounts that appropriations were committed at a rate of 100 %, compared to 99,95 % in 2010, while payments reached 85,82 % of the total appropriations managed, compared to 75,46 % in 2010;

         Carry-over appropriations

                  4.

                  Notes from the annual accounts that EUR 1 166 895 of the commitment appropriations contracted by the end of 2011 but not yet paid were carried forward to 2012; notes, furthermore, that the total of carried forward appropriations cancelled (i.e. carried forward from 2010 and not paid in 2011) in 2011 represents EUR 130 133;

                  5.

                  Is concerned that, once again, the Court of Auditors reported 33 % of carryovers from the Agency’s operational budget (Title III); expresses concern that this situation indicates delays in the implementation of the Agency’s activities that are financed by Title III and is at odds with the budgetary principle of annuality; once more, urges the Agency to inform the discharge authority of the actions it has taken to address this deficiency; notes, furthermore, that the situation has improved, as compared to the previous year (52 %);

                  6.

                  Recalls that the Court of Auditors reported 34 % of carryovers from the Agency’s administrative budget (Title II); notes that this situation is at odds with the budgetary principle of annuality; once more, urges the Agency to inform the discharge authority of the actions it has taken to address this deficiency;

         Procurement procedures

                  7.

                  Acknowledges from the Court of Auditors’ report that the Agency needs to improve the documentation of fixed assets as purchases of fixed assets are recorded at invoice and not at item level; urges the Agency to inform the discharge authority of the actions it has taken to address this deficiency;

         Recruitment procedures

                  8.

                  Notes that no adequate measures have been taken to address the lack of transparency of recruitment procedures reported by the Court of Auditors in 2010 and that the Court has once again reported that the Agency needs to improve the transparency of those procedures; calls on the Agency to inform the discharge authority of the actions it has taken to address this deficiency; considers that some of the provisions of the Staff Regulations may present a considerable administrative burden; therefore encourages the Commission to allow for a certain degree of simplification under Article 110 of the Staff Regulations in regard to the agencies;

                  9.

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

         (1)  OJ C 388, 15.12.2012, p. 135.

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

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

         (4)  OJ L 77, 13.3.2004, p. 1.

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

         (6)  OJ L 286, 17.10.2012, p. 221.

         (7)  Annual accounts for the financial year 2011, p. 20.

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