title: 2012/338/EU: Council Decision of 23 April 2012 on the signing, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union, of the one part, and the State of Israel, of the other part, amending the Annexes to Protocols 1 and 2 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part

text:
               27.6.2012

               EN

               Official Journal of the European Union

               L 166/1

         COUNCIL DECISION
   of 23 April 2012
   on the signing, on behalf of the Union, of the Agreement in the form of an Exchange of Letters between the European Union, of the one part, and the State of Israel, of the other part, amending the Annexes to Protocols 1 and 2 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part
   (2012/338/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 20 November 1995, the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (1) (hereinafter ‘the Euro-Mediterranean Agreement’) was signed.

               (2)

               On 14 November 2005, the Council authorised the Commission to conduct negotiations in order to achieve greater liberalisation of trade in agricultural products, processed agricultural products and fish and fishery products with certain Mediterranean countries. The negotiations with Israel were successfully concluded on 18 July 2008. The results of those negotiations are contained in an Agreement in the form of an Exchange of Letters between the European Community and the State of Israel concerning reciprocal liberalisation measures on agricultural products, processed agricultural products and fish and fishery products, the replacement of Protocols 1 and 2 and their Annexes and amendments to the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (2) (hereinafter referred to as ‘the 2010 Agreement’), which entered into force on 1 January 2010.

               (3)

               After the entry into force of the 2010 Agreement, the European Commission and Israel held a number of technical meetings relating to its implementation. Those meetings showed that some technical adjustments to the Euro-Mediterranean Agreement were necessary in order to comply with the commitments of the previous agreements between the European Communities and the State of Israel, which entered into force in 2000 and 2006. On 19 September 2011, the Commission and Israel concluded the negotiation of the necessary technical adjustments, which are contained in a new Agreement in the form of an Exchange of Letters between the European Union, of the one part, and the State of Israel, of the other part, amending the Annexes to Protocols 1 and 2 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part (hereinafter referred to as ‘the Agreement’).

               (4)

               The Agreement should be signed on behalf of the Union, subject to its conclusion at a later date,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Agreement in the form of an Exchange of Letters between the European Union, of the one part, and the State of Israel, of the other part, amending the Annexes to Protocols 1 and 2 of the Euro-Mediterranean Agreement establishing an association between the European Communities and their Member States, of the one part, and the State of Israel, of the other part, is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement (3).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union, subject to its conclusion.
   Article 3
   This Decision shall enter into force on the day following that of its adoption.

      Done at Luxembourg, 23 April 2012.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 147, 21.6.2000, p. 3.

      (2)  OJ L 313, 28.11.2009, p. 83.

      (3)  The text of the Agreement will be published together with the decision on its conclusion.


title: Political and Security Committee Decision (CFSP) 2016/1194 of 12 July 2016 extending the mandate of the Head of Mission of the European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (EU BAM Rafah/1/2016)

text:
               22.7.2016

               EN

               Official Journal of the European Union

               L 197/3

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2016/1194
   of 12 July 2016
   extending the mandate of the Head of Mission of the European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (EU BAM Rafah/1/2016)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Joint Action 2005/889/CFSP of 25 November 2005 on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (1), and in particular Article 10(1) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               Pursuant to Article 10(1) of Joint Action 2005/889/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of the European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah), including the decision to appoint a Head of Mission.

               (2)

               On 7 July 2015, the PSC adopted Decision EU BAM Rafah/1/2015 (2), appointing Ms Natalina CEA as Head of Mission of EU BAM Rafah from 1 July 2015 to 30 June 2016.

               (3)

               On 7 July 2016, the Council adopted Decision (CFSP) 2016/1107 (3), extending the mandate of EU BAM Rafah from 1 July 2016 to 30 June 2017.

               (4)

               The High Representative of the Union for Foreign Affairs and Security Policy has proposed to extend the mandate of Ms Natalina CEA as Head of Mission of EU BAM Rafah from 1 July 2016 to 30 June 2017,

         HAS ADOPTED THIS DECISION:
   Article 1
   The mandate of Ms Natalina CEA as Head of Mission of EU BAM Rafah is hereby extended from 1 July 2016 to 30 June 2017.
   Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 July 2016.

      Done at Brussels, 12 July 2016.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 327, 14.12.2005, p. 28.

      (2)  Political and Security Committee Decision (CFSP) 2015/1128 of 7 July 2015 on the appointment of the Head of Mission of the European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (EU BAM Rafah/1/2015) (OJ L 184, 11.7.2015, p. 16).

      (3)  Council Decision (CFSP) 2016/1107 of 7 July 2016 amending Joint Action 2005/889/CFSP on establishing a European Union Border Assistance Mission for the Rafah Crossing Point (EU BAM Rafah) (OJ L 183, 8.7.2016, p. 64).


title: Decision (EU) 2017/1692 of the European Parliament of 27 April 2017 on the closure of the accounts of the European Union Agency for Network and Information Security for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/271

         DECISION (EU) 2017/1692 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on the closure of the accounts of the European Union Agency for Network and Information Security for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Union Agency for Network and Information Security for the financial year 2015,

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Union Agency for Network and Information Security for the financial year 2015, together with the Agency's replies (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2015 (05873/2017 — C8-0062/2017),

               —

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

               —

               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 (EU) No 526/2013 of the European Parliament and of the Council of 21 May 2013 concerning the European Union Agency for Network and Information Security (ENISA) and repealing Regulation (EC) No 460/2004 (4), and in particular Article 21 thereof,

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (5), and in particular Article 108 thereof,

               —

               having regard to Rule 94 of and Annex IV to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A8-0115/2017),

               1.

               Approves the closure of the accounts of the European Union Agency for Network and Information Security for the financial year 2015;

               2.

               Instructs its President to forward this decision to the Executive Director of the European Union Agency for Network and Information Security, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 449, 1.12.2016, p. 138.

      (2)  See footnote 1.

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

      (4)  OJ L 165, 18.6.2013, p. 41.

      (5)  OJ L 328, 7.12.2013, p. 42.


Avis juridique important

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32001D0886

2001/886/JHA: Council Decision of 6 December 2001 on the development of the second generation Schengen Information System (SIS II)

Official Journal L 328 , 13/12/2001 P. 0001 - 0003

Council Decisionof 6 December 2001on the development of the second generation Schengen Information System (SIS II)(2001/886/JHA)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 30(1)(a) and (b), Article 31(a) and (b) and Article 34(2)(c) thereof,Having regard to the initiative of the Kingdom of Belgium and the Kingdom of Sweden(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The Schengen Information System, set up pursuant to the provisions of Title IV of the Convention of 1990 implementing the Schengen Agreement of 14 June 1985 on the gradual abolition of checks at common borders, hereinafter referred to as "the 1990 Schengen Convention", constitutes an essential tool for the application of the provisions of the Schengen acquis as integrated into the framework of the European Union.(2) The Schengen Information System in its current form has the capacity to service no more than 18 participating States. It is at present operational for 13 Member States and 2 other States (Iceland and Norway) and is intended to become operational for the United Kingdom and Ireland in the foreseeable future. It has, however, not been constructed so as to service the increased number of Member States of the European Union after its enlargement.(3) For this reason, and in order to benefit from the latest developments in the field of information technology and to allow for the introduction of new functions, it is necessary to develop a new, second generation Schengen Information System (SIS II), as already acknowledged in Decision SCH/Com-ex (97) 24 of the Executive Committee of 7 October 1997(3).(4) The expenditure involved in the development of SIS II is to be charged to the budget of the European Union in accordance with the Council conclusions to that effect of 29 May 2001. This Decision constitutes, together with Council Regulation (EC) No 2424/2001 of 6 December 2001 on the development of the second generation Schengen Information System (SIS II)(4), the required legislative basis to allow for the inclusion in the budget of the Union of the necessary appropriations for the development of SIS II and the execution of that part of the budget.(5) The legislative basis consists of two parts: this Decision based on Article 30(1)(a) and (b), Article 31(a) and (b) and Article 34(2)(c) of the Treaty on European Union and a Council Regulation based on Article 66 (...) of the Treaty establishing the European Community. The reason for this is that, as set out in Article 92 of the 1990 Schengen Convention, the Schengen Information System is to enable the authorities designated by the Member States, by means of an automated search procedure, to have access to alerts on persons and property for the purposes of border checks and other police and customs checks carried out within the country in accordance with national law, as well as for the purposes of issuing visas, residence permits and the administration of legislation on aliens in the context of the application of the provisions of the Schengen acquis relating to the movement of persons.(6) The fact that the legislative basis required for allowing the development of SIS II to be financed by the Union budget consists of two separate instruments does not affect the principle that the Schengen Information System constitutes, and should continue to constitute, one single, integrated, information system and that SIS II must be developed as such.(7) This Decision is without prejudice to the adoption in future of the necessary legislation describing in detail the operation and use of SIS II, such as, but not limited to, rules defining the categories of data to be entered into the system, the purposes for which they are to be entered and the criteria for their entry, rules concerning the content of SIS records, including responsibility for their correctness, rules on the duration of alerts, interlinking of alerts and compatibility between alerts, rules on access to SIS data and rules on the protection of personal data and their control.(8) This Decision sets out procedures for the taking of measures necessary for its implementation which mirror the relevant provisions of Regulation (EC) No 2424/2001, so as to ensure that there will be one single implementing process for the development of SIS II as a whole.(9) This Decision constitutes a development of provisions of the Schengen acquis which fall within the area referred to in Article 1 point G of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis(5) and Article 8(2) of Council Decision 2000/365/EC concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis(6).(10) An arrangement has to be made to allow representatives of Iceland and Norway to be associated with the work of committees assisting the Commission in the exercise of its implementing powers. Such an arrangement has been contemplated in the Exchange of Letters between the Community and Iceland and Norway, annexed to the abovementioned Association Agreement.(11) This Decision is without prejudice to the arrangements for the United Kingdom's partial participation in the Schengen acquis defined by the Council in Decision 2000/365/EC,HAS DECIDED AS FOLLOWS:Article 1The Schengen Information System set up pursuant to the provisions of Title IV of the 1990 Schengen Convention, shall be replaced by a new system, the Schengen Information System II (SIS II), which shall allow for new Member States to be integrated into the system.Article 2The SIS II, which shall be a single integrated system, shall be developed by the Commission, in accordance with the procedures set out in this Decision.Article 3The measures necessary for the development of SIS II shall be adopted in accordance with the management procedure referred to in Article 5 where they concern matters other than those listed in Article 4.Article 4The measures necessary for the development of SIS II concerning the following matters shall be taken in accordance with the regulatory procedure referred to in Article 6:(a) the design of the physical architecture of the system, including its communication network;(b) technical aspects which have a bearing on the protection of personal data;(c) technical aspects which have serious financial implications for the budgets of the Member States or which have serious technical implications for the national systems of the Member States;(d) the development of security requirements.Article 51. Where reference is made to this Article, the Commission shall be assisted by a management committee composed of the representatives of the Member States and chaired by the representative of the Commission.2. The committee shall adopt its rules of procedure on a proposal by the chair on the basis of standard rules of procedure which have been published in the Official Journal of the European Communities.3. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time-limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty establishing the European Community, in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.4. The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the Council forthwith. In that event, the Commission may defer application of the measures which it has decided on for a period of two months from the date of such communication.5. The Council, acting by qualified majority, may take a different decision within the period provided for by paragraph 4.Article 61. Where reference is made to this Article, the Commission shall be assisted by a regulatory committee composed of the representatives of the Member States and chaired by the representative of the Commission.2. The committee shall adopt its rules of procedure on a proposal by the chair on the basis of standard rules of procedure which have been published in the Official Journal of the European Communities.3. The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time-limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) of the Treaty establishing the European Community, in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.4. The Commission shall adopt the measures envisaged if they are in accordance with the opinion of the committee.5. If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken and shall inform the European Parliament.6. The Council may act by qualified majority on the proposal, within two months from the date of referral to the Council.If within that period the Council has indicated by qualified majority that it opposes the proposal, the Commission shall re-examine it. It may submit an amended proposal to the Council, re-submit its proposal or present a legislative proposal.If on the expiry of that period the Council has neither adopted the proposed implementing act nor indicated its opposition to the proposal for implementing measures, the proposed implementing act shall be adopted by the Commission.Article 7This Decision shall take effect on the day following that of its publication in the Official Journal.It shall expire on 31 December 2006.Done at Brussels, 6 December 2001.For the CouncilThe PresidentM. Verwilghen(1) OJ C 183, 29.6.2001, p. 14.(2) Opinion delivered on 23 October 2001 (not yet published in the Official Journal).(3) OJ L 239, 22.9.2000, p. 442.(4) See page 4 of this Official Journal.(5) OJ L 176, 10.7.1999, p. 31.(6) OJ L 131, 1.6.2000, p. 43.


title: 2010/773/EU: Decision of the European Central Bank of 25 November 2010 on the quality accreditation procedure for manufacturers of euro banknotes (ECB/2010/22)

text:
               15.12.2010

               EN

               Official Journal of the European Union

               L 330/14

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 25 November 2010
   on the quality accreditation procedure for manufacturers of euro banknotes
   (ECB/2010/22)
   (2010/773/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 128(1) thereof,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘Statute of the ESCB’), and in particular Article 16 thereof,
   Whereas:

               (1)

               Article 128(1) of the Treaty and Article 16 of the Statute of the ESCB provide that the European Central Bank (ECB) has the exclusive right to authorise the issue of euro banknotes within the Union. This right includes the competence to take measures to protect the integrity of euro banknotes as a means of payment.

               (2)

               Producing euro banknotes and euro banknote raw materials according to identical quality standards is of paramount importance to guaranteeing their quality, wherever they are produced.

               (3)

               A quality accreditation procedure should therefore be put in place to ensure that only manufacturers conforming with minimum quality requirements are accredited to produce euro banknotes and euro banknote raw materials,

         HAS ADOPTED THIS DECISION:
   SECTION I

      GENERAL PROVISIONS

   Article 1
   Definitions
   For the purposes of this Decision:

               (a)

               ‘quality accreditation’ means the status, the scope of which is set out in Articles 3 and 4, granted by the ECB to a manufacturer confirming that it is in conformity with the quality requirements;

               (b)

               ‘euro banknote production activity’ means the production of euro banknotes or of any euro banknote raw materials;

               (c)

               ‘manufacturer’ means any entity that is, or wishes to be, involved in a euro banknote production activity;

               (d)

               ‘manufacturing site’ means any premises that a manufacturer uses, or wishes to use, for a euro banknote production activity;

               (e)

               ‘quality requirements’ means the substantive rules to be conformed with by a manufacturer seeking quality accreditation, as separately laid down by the ECB;

               (f)

               ‘quality arrangements’ means the measures taken by a manufacturer at a manufacturing site to conform with the quality requirements;

               (g)

               ‘certification authority’ means an independent certification authority which evaluates manufacturers’ quality management systems and is entitled to certify that a manufacturer fulfils the requirements of the ISO 9001 series of standards;

               (h)

               ‘euro banknote raw materials’ means paper, ink, foil and thread used to produce euro banknotes;

               (i)

               ‘euro secure items’ and ‘euro secure activity’ have the meaning given to them in Decision ECB/2008/3 of 15 May 2008 on security accreditation procedures for manufacturers of euro secure items for euro banknotes (1);

               (j)

               ‘ECB working day’ means a day from Monday to Friday, excluding ECB public holidays;

               (k)

               ‘NCB’ means the national central bank of a Member State whose currency is the euro;

               (l)

               ‘pre-audit questionnaire’ means a form used by the quality audit team to collect information from a manufacturer on the specificities of a manufacturing site and on any changes that have been made to the quality arrangements since the last quality audit.

         Article 2
   General principles
   1.   A manufacturer shall apply for and receive quality accreditation from the ECB before starting or continuing its euro banknote production activity.
   2.   An accredited manufacturer may only carry out a euro banknote production activity at the manufacturing sites for which it has been granted quality accreditation under this Decision.
   3.   The ECB requirements for quality accreditation shall be minimum requirements. Manufacturers may adopt and implement stricter quality standards, which shall be laid down in their quality plan, as defined in the quality requirements.
   4.   The Executive Board shall be competent to take all decisions relating to a manufacturer’s quality accreditation, taking into account the views of the Banknote Committee, and shall inform the Governing Council thereof.
   5.   Any costs and associated losses that a manufacturer incurs in connection with the application of this Decision shall be borne by the manufacturer.
   6.   The provisions of this Decision are without prejudice to any full or temporary quality accreditation granted before the entry into force of this Decision.
   Article 3
   Full quality accreditation
   1.   A manufacturer may only carry out a euro banknote production activity if the ECB grants it full quality accreditation for that activity.
   2.   A manufacturer may be granted full quality accreditation for a euro banknote production activity provided that it fulfils all of the following conditions:

               (a)

               it has been involved in a euro banknote production activity in the 24 months preceding the request for full quality accreditation or has been granted temporary quality accreditation as laid down in Article 4 and has started a euro banknote production activity in accordance with Article 10(3);

               (b)

               it conforms with the quality management series of standards ISO 9001 at a particular manufacturing site for a particular euro banknote production activity and a certification authority has issued a certificate to that effect;

               (c)

               it conforms with the quality requirements at the abovementioned manufacturing site for the abovementioned euro banknote production activity;

               (d)

               if it produces euro secure items, it has full security accreditation at the abovementioned manufacturing site for the abovementioned euro secure activity pursuant to Decision ECB/2008/3;

               (e)

               if it is a printing works, its manufacturing site is located in a Member State; and

               (f)

               if it is not a printing works, its manufacturing site is located in a Member State or in a European Free Trade Association (EFTA) Member State.

         3.   The Executive Board may grant exemptions to the location requirement set out in points (e) and (f) on a case-by-case basis, taking into account the views of the Banknote Committee. Any such decision shall be promptly notified to the Governing Council. The Executive Board shall abide by any decision of the Governing Council on this issue.
   4.   Full quality accreditation shall be granted to a manufacturer for 24 months, subject to a decision taken pursuant to Articles 15, 16 or 17. Full quality accreditation may be renewed every 24 months.
   5.   The ECB’s prior written consent shall be required for an accredited manufacturer to outsource the production of euro banknotes or euro banknote raw materials to another manufacturing site or to any third party, including the manufacturer’s subsidiaries and associated companies.
   Article 4
   Temporary quality accreditation
   1.   If a manufacturer has not been involved in a euro banknote production activity in the 24 months preceding the request for full quality accreditation as described in Article 3(2)(a), it may be granted temporary quality accreditation for a planned euro banknote production activity.
   2.   A manufacturer may be granted temporary quality accreditation for a planned euro banknote production activity provided that it fulfils all of the following conditions:

               (a)

               it conforms with the quality management series of standards ISO 9001 at a particular manufacturing site for a planned euro banknote production activity and a certification authority has issued a certificate to that effect;

               (b)

               it has established the procedures and the infrastructure necessary to conform with the quality requirements at the abovementioned manufacturing site for the abovementioned euro banknote production activity;

               (c)

               if it plans to produce a euro secure item, it has been granted security accreditation at the abovementioned manufacturing site for a planned euro secure activity pursuant to Decision ECB/2008/3;

               (d)

               if it is a printing works, its manufacturing site is located in a Member State; and

               (e)

               if it is not a printing works, its manufacturing site is located in a Member State or in an EFTA Member State.

         3.   Temporary quality accreditation shall be granted to a manufacturer for one year, subject to a decision taken pursuant to Articles 15, 16 or 17. If the manufacturer tenders for or is commissioned to carry out a euro banknote production activity within this period, its temporary quality accreditation may be extended as necessary until the ECB has taken a decision on whether to grant it full quality accreditation.
   SECTION II

      PROCEDURE FOR FULL QUALITY ACCREDITATION

   Article 5
   Initiation request and appointment of a quality audit team
   1.   A manufacturer with temporary quality accreditation for a planned euro banknote production activity who wishes to carry out this activity, or who has carried out a euro banknote production activity in the last 24 months and wishes to continue carrying out this activity, shall make a written request to the ECB to initiate the procedure for full quality accreditation. This request shall include all of the following:

               (a)

               a specification of the manufacturing site and its location and the euro banknote production activity for which the manufacturer seeks full quality accreditation;

               (b)

               information on the euro banknote production activity carried out;

               (c)

               a copy of the certificate referred to in Article 3(2)(b).

         2.   The ECB shall check whether the manufacturer has conformed with the requirements laid down in paragraph 1 and inform the manufacturer of the outcome of this evaluation within 30 ECB working days from the date of receipt of the initiation request. The ECB may extend this time limit once, with written notice to the manufacturer. While the ECB is carrying out this evaluation, it may request additional information from the manufacturer in relation to the requirements listed in paragraph 1. If the ECB requests additional information, it shall inform the manufacturer of the outcome of the evaluation within 20 ECB working days from the date of receipt of the additional information. The ECB may agree with the manufacturer to extend the deadlines mentioned in this paragraph.
   3.   In the event of a positive evaluation, the ECB shall inform the manufacturer that a quality audit will be carried out at the manufacturer’s premises. The ECB shall appoint a quality audit team composed of experts from the ECB and NCBs. Such appointments shall avoid conflicts of interest. If a conflict of interest arises after an appointment, the ECB shall immediately replace the expert in question with an expert who does not have a conflict of interest.
   4.   The ECB shall reject the initiation request and inform the manufacturer in writing of its decision to do so and the reasons if any of the following applies:

               (a)

               the manufacturer fails to provide the information required pursuant to paragraph 1;

               (b)

               it fails to supply any additional information requested by the ECB pursuant to paragraph 2 within a reasonable period to be mutually agreed;

               (c)

               the ECB has revoked the manufacturer’s full quality accreditation and the period of prohibition on reapplication specified in the revocation decision has not elapsed;

               (d)

               the location of the manufacturing site does not meet the requirements laid down in Article 3(2)(e) or (f);

               (e)

               the manufacturer produces euro secure items and the ECB has not granted it security accreditation as referred to in Article 3(2)(d).

         5.   If an accredited manufacturer wishes to have its quality accreditation renewed, and provided it re-applies for full quality accreditation before the date established in accordance with Article 7(2)(c), its quality accreditation shall remain valid until the ECB has taken a decision pursuant to Article 7(1).
   Article 6
   Quality audit
   1.   The quality audit shall commence on a date that has been mutually agreed between the manufacturer and the ECB. If the manufacturer is a printing works, the quality audit shall take place during euro banknote production.
   2.   At the latest two weeks before the quality audit, the ECB shall provide the manufacturer with a pre-audit questionnaire which it shall complete and send back to the ECB at least one week before the quality audit.
   3.   The quality audit shall take place at the manufacturing site for which the manufacturer seeks quality accreditation.
   4.   The quality audit team shall assess whether the manufacturer’s quality arrangements conform with the quality requirements. If the manufacturer proposes improvements to conform with the quality requirements, quality accreditation shall not be granted until such improvements are in place. The quality audit team may conduct a follow-up quality audit to verify whether, following such improvements, the quality arrangements conform with the quality requirements, before submitting to the manufacturer the draft audit report referred to in paragraph 6.
   5.   On completion of the quality audit, and, where applicable, the follow-up quality audit, and before leaving the manufacturing site, the quality audit team shall set out its findings, including any non-conformity with the quality requirements and any improvements proposed by the manufacturer, in a preliminary summary, agreed and signed by both the quality audit team and the manufacturer.
   6.   The quality audit team shall prepare a draft audit report based on the preliminary summary. This report shall in particular contain details of:

               (a)

               the quality arrangements in place at the manufacturing site that conform with the quality requirements;

               (b)

               any instances of non-conformity with the quality requirements that the quality audit team has identified;

               (c)

               any action taken by the manufacturer during the quality audit;

               (d)

               any improvements proposed by the manufacturer and, in cases where a follow-up quality audit is carried out, the quality audit team’s assessment of whether such improvements have been carried out;

               (e)

               the quality audit team’s assessment of whether full quality accreditation should be granted.

         7.   The draft audit report shall be sent to the manufacturer within 30 ECB working days from the date of completion of the quality audit or, where applicable, the follow-up quality audit. The manufacturer may comment on the draft audit report within 30 ECB working days from receipt. The ECB shall finalise the draft audit report taking into account the manufacturer’s comments before taking a decision pursuant to Article 7. The ECB may agree with the manufacturer to extend the deadlines mentioned in this paragraph.
   8.   Notwithstanding the provisions of this Article, in the event of a quality problem affecting the quality of euro banknotes or of euro banknote raw materials, the ECB may organise an ad hoc quality audit to investigate the issue. Paragraphs 5 to 7 shall apply accordingly.
   Article 7
   Decision on full quality accreditation
   1.   The ECB shall notify the manufacturer in writing of its decision on the request for full quality accreditation within 30 ECB working days from receipt of the manufacturer’s comments on the draft audit report, or from the expiry of the time limit for providing such comments.
   2.   In the event of a positive decision, the ECB shall grant the manufacturer full quality accreditation. The decision shall clearly identify:

               (a)

               the manufacturer;

               (b)

               the euro banknote production activity and the manufacturing site for which full quality accreditation is granted;

               (c)

               the date of expiry of the full quality accreditation;

               (d)

               any specific conditions relating to points (a) to (c).

         The decision shall be based on the information set out in the final audit report, which shall be attached to the decision.
   3.   If full quality accreditation is not granted to the manufacturer, the ECB shall specify the reasons and the manufacturer may initiate the review procedure laid down in Article 18.
   SECTION III

      PROCEDURE FOR TEMPORARY QUALITY ACCREDITATION

   Article 8
   Initiation request and appointment of a quality pre-audit team
   1.   If a manufacturer:

               (i)

               has not carried out a euro banknote production activity in the 24 months preceding the request for temporary quality accreditation; or

               (ii)

               has not carried out any euro banknote production activity but has been requested by an NCB or a printing works to start a euro banknote production activity;

         it shall make a written request to the ECB to initiate the procedure for temporary quality accreditation.
   This request shall include all of the following:

               (a)

               a specification of the manufacturing site and its location and the euro banknote production activity for which the manufacturer seeks temporary quality accreditation;

               (b)

               information on the euro banknote production activity to be carried out;

               (c)

               a copy of the certificate referred to in Article 4(2)(a).

         2.   A manufacturer whose temporary quality accreditation has expired may apply for a new temporary quality accreditation. In addition to the information required under paragraph 1, it shall specify in the written request to the ECB the reasons for not having (a) tendered for; or (b) been commissioned to carry out a euro banknote production activity as referred to in Article 4(3).
   3.   The ECB shall check whether the manufacturer has conformed with the requirements laid down in paragraphs 1 and 2 and inform the manufacturer of the outcome of this evaluation within 30 ECB working days from the date of receipt of the initiation request. The ECB may extend this time limit once with written notice to the manufacturer. While the ECB is carrying out this evaluation, it may request additional information from the manufacturer in relation to the requirements listed in paragraphs 1 and 2. If the ECB requests additional information, it shall inform the manufacturer of the outcome of the evaluation within 20 ECB working days from the date of receipt of the additional information. The ECB may agree with the manufacturer to extend the deadlines mentioned in this paragraph.
   4.   In the event of a positive evaluation, the ECB shall inform the manufacturer that a quality pre-audit will be carried out at the manufacturer’s premises. The quality pre-audit team shall be appointed as laid down in Article 5(3).
   5.   The ECB shall reject the initiation request and inform the manufacturer in writing of its rejection and the reasons if any of the following applies:

               (a)

               the manufacturer fails to provide the information required pursuant to paragraphs 1 and 2;

               (b)

               it fails to supply any additional information requested by the ECB pursuant to paragraph 3 within a reasonable period to be mutually agreed;

               (c)

               the ECB has revoked its temporary or full quality accreditation and the period of prohibition on reapplication specified in the revocation decision has not elapsed;

               (d)

               the location of the manufacturing site does not meet the requirements laid down in Article 4(2)(d) and (e);

               (e)

               the manufacturer plans to produce euro secure items and the ECB has not granted it security accreditation as referred to in Article 4(2)(c).

         6.   Subject to paragraph 2, if an accredited manufacturer wishes to have its quality accreditation renewed, and provided it re-applies for temporary quality accreditation before the date established in accordance with Article 10(2)(c), its quality accreditation shall remain valid until the ECB has taken a decision pursuant to Article 10(1).
   Article 9
   Quality pre-audit
   1.   The quality pre-audit shall commence on a date that has been mutually agreed between the manufacturer and the ECB.
   2.   The quality pre-audit shall take place at the manufacturing site for which the manufacturer seeks quality accreditation.
   3.   The quality pre-audit team shall assess whether the quality arrangements that the manufacturer has in place will conform with the quality requirements as soon as the manufacturer starts a euro banknote production activity.
   4.   The quality pre-audit team shall set out its findings in a draft pre-audit report. This draft pre-audit report shall in particular contain details of all of the following:

               (a)

               the quality arrangements already in place at the manufacturing site that conform with the quality requirements;

               (b)

               any quality arrangements that the manufacturer still needs to put in place in order to conform with the quality requirements;

               (c)

               the quality pre-audit team’s assessment of whether temporary quality accreditation should be granted.

         5.   The draft pre-audit report shall be sent to the manufacturer within 30 ECB working days from the date of completion of the quality pre-audit. The manufacturer may comment within 30 ECB working days from receipt of the draft pre-audit report. The ECB shall finalise the draft pre-audit report taking into account the manufacturer’s comments before taking a decision pursuant to Article 10. The ECB may agree with the manufacturer to extend the deadlines mentioned in this paragraph.
   Article 10
   Decision on temporary quality accreditation
   1.   The ECB shall notify the manufacturer in writing of its decision on the request for temporary quality accreditation within 30 ECB working days from receipt of the manufacturer’s comments on the draft pre-audit report, or from the expiry of the time limit for providing such comments.
   2.   In the event of a positive decision, the ECB shall grant the manufacturer temporary quality accreditation. The ECB decision shall clearly identify:

               (a)

               the manufacturer;

               (b)

               the euro banknote production activity and the manufacturing site for which temporary quality accreditation is granted;

               (c)

               the date of expiry of the temporary quality accreditation;

               (d)

               any specific conditions relating to points (a) to (c).

         The decision shall be based on the information set out in the final pre-audit report referred to in Article 9(5), which shall be attached to the decision.
   3.   A manufacturer that has been granted temporary quality accreditation may tender for or be commissioned to carry out a euro banknote production activity. Once the manufacturer starts a euro banknote production activity, it shall immediately make a written request to the ECB to initiate the procedure for full quality accreditation pursuant to Section II. The quality audit referred to in Article 6 shall commence no later than 12 months from the date on which the manufacturer has been granted temporary quality accreditation.
   4.   The ECB shall specify the reasons for not granting temporary quality accreditation. The manufacturer may initiate the review procedure laid down in Article 18.
   SECTION IV

      CONTINUING OBLIGATIONS

   Article 11
   Continuing obligations of quality accredited manufacturers and of the ECB
   1.   An accredited manufacturer shall, for the relevant manufacturing site, provide the ECB with a copy of the certificate for its quality management system each time the initial certificate referred to in Articles 3(2)(b) and 4(2)(a) is renewed.
   2.   An accredited manufacturer shall inform the ECB in writing and without undue delay of any of the following:

               (a)

               the commencement of any procedure for its winding-up or reorganisation or any analogous procedure;

               (b)

               the appointment of a liquidator, receiver, administrator or similar officer;

               (c)

               any intention to involve third parties in a euro banknote production activity, including through subcontracting;

               (d)

               any change made after quality accreditation has been granted that affects, or may affect, the fulfilment of the requirements for quality accreditation;

               (e)

               any change of control of the manufacturer following a change in its ownership structure or for any other reason.

         3.   An accredited manufacturer shall keep the quality requirements confidential.
   4.   The ECB shall inform accredited manufacturers of any update of the quality requirements.
   SECTION V

      CONSEQUENCES OF NON-CONFORMITY

   Article 12
   Decision-making procedure
   1.   In making an observation or taking a decision as referred to in Articles 14 to 17, the ECB shall:

               (a)

               assess the non-conformity, taking into account the (pre-)audit report; and

               (b)

               inform the manufacturer in writing of the observation made or decision taken within 30 ECB working days from receipt of the manufacturer’s comments on the draft (pre-)audit report, specifying: (i) the non-conformity; (ii) the manufacturing site and euro banknote production activity to which the observation or decision relates; (iii) the date of the observation or the date on which the decision will become effective; and (iv) the reasons for the observation or decision.

         2.   In all cases where the ECB makes an observation or takes a decision pursuant to Articles 14 to 17, it shall be proportionate to the seriousness of the non-conformity. The ECB shall inform the NCBs and all manufacturers of the observation made or decision taken, and its scope and duration. It shall also specify that the NCBs will be notified of any change in the non-conforming manufacturer’s status.
   Article 13
   Instances of non-conformity
   1.   Non-conformity by a manufacturer with the quality requirements, the other requirements for quality accreditation, or the obligations laid down in Article 11, shall be classified by the quality (pre-)audit team in one of the categories listed in paragraphs 2 to 5.
   2.   Non-conformity that the quality (pre-)audit team deems to have an immediate and serious impact on the quality of the manufacturer’s production of euro banknotes or euro banknote raw materials shall qualify as a major non-conformity and the ECB shall take a decision pursuant to Article 16.
   3.   Non-conformity that the quality (pre-)audit team deems not to have an immediate and serious impact on the quality of the manufacturer’s production of euro banknotes or euro banknote raw materials but that may have a direct adverse effect on the quality of such production shall qualify as a standard non-conformity and the ECB shall take a decision pursuant to Article 15.
   4.   Non-conformity that the quality (pre-)audit team deems not to have a direct adverse effect on the quality of the manufacturer’s production of euro banknotes or euro banknote raw materials but that has to be remedied before the next quality audit shall be referred to in the (pre-)audit report as an observation and the ECB shall make a written observation pursuant to Article 14.
   5.   Non-conformity that is not of a type referred to in paragraphs 2 to 4 shall be referred to in the (pre-) audit report as a note but shall not give rise to any further action pursuant to Articles 14 to 17.
   Article 14
   Written observation
   1.   The ECB shall make a written observation to the manufacturer in the event of non-conformity of the type referred to in Article 13(4), which may be added to the (pre-)audit report.
   2.   The written observation shall state that if the non-conformity has not been remedied when the next (pre-)audit takes place, the ECB shall take a decision under Article 15.
   Article 15
   Corrective measures and suspension of quality accreditation in relation to new orders
   If non-conformity of the type referred to in Article 13(3) is identified, but the manufacturer puts forward a reasonable case that it will be able to correct the non-conformity, the ECB shall take a decision:

               (a)

               laying down, in consultation with the manufacturer, a time limit for the manufacturer to remedy the non-conformity;

               (b)

               specifying that the manufacturer may not accept new orders for the relevant euro banknote production activity, including participation in relevant tender procedures, if the non-conformity has not been remedied by the expiry of the time limit referred to in point (a).

         Article 16
   Suspension of euro banknote production activity
   1.   If non-conformity referred to in Article 13(2) is identified, the quality (pre-)audit team may recommend to the ECB suspension of the relevant euro banknote production activity with immediate effect until the non-conformity has been remedied. The manufacturer shall provide the quality (pre-)audit team with information concerning any other manufacturer which may be affected as a customer or supplier by the suspension.
   2.   As soon as possible after suspension takes effect pursuant to paragraph 1, the quality (pre-)audit team shall, in a follow-up quality audit, assess whether the non-conformity has been remedied. If the quality (pre-)audit team decides that the non-conformity has been remedied, the ECB shall lift the suspension. If the manufacturer does not rectify the non-conformity, the ECB shall take a decision pursuant to Article 17.
   Article 17
   Revocation of quality accreditation
   1.   The ECB shall revoke a manufacturer’s quality accreditation if it is not able to rectify non-conformity of a type referred to in Article 13(2).
   2.   In its revocation decision, the ECB shall specify the date from which the manufacturer may reapply for quality accreditation.
   Article 18
   Review procedure
   1.   If the ECB takes any of the following decisions:

               (a)

               rejecting a request to initiate the full or temporary quality accreditation procedure;

               (b)

               refusing to grant full or temporary quality accreditation;

               (c)

               pursuant to Articles 14 to 17;

         the manufacturer may, within 30 ECB working days of notification of such a decision, submit a written request to the Governing Council to review the decision. The manufacturer shall include its reasons for such a request and all supporting information.
   2.   If the manufacturer explicitly so requests, and gives reasons, the Governing Council may suspend the application of the decision that is to be reviewed.
   3.   The Governing Council shall review the decision and communicate its reasoned decision in writing to the manufacturer within two months of receipt of the request.
   4.   The application of paragraphs 1 to 3 shall be without prejudice to any rights under Articles 263 and 265 of the Treaty.
   SECTION VI

      FINAL PROVISIONS

   Article 19
   ECB quality accreditation register
   1.   The ECB shall keep a register of quality accreditations:

               (a)

               listing the manufacturers which have been granted full or temporary quality accreditation and their manufacturing sites;

               (b)

               indicating in respect of each manufacturing site the euro banknote production activity for which quality accreditation has been granted;

               (c)

               recording the expiry of any quality accreditation.

         2.   If the ECB takes a decision under Article 16, it shall record the duration of the suspension.
   3.   If the ECB takes a decision under Article 17, it shall remove the name of the manufacturer from the register.
   4.   The ECB shall make available to NCBs and accredited manufacturers a list of all manufacturers contained in the register and any updates thereof.
   Article 20
   Entry into force
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.
   It shall apply from 1 May 2011.

      Done at Frankfurt am Main, 25 November 2010.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 140, 30.5.2008, p. 26.


title: 2010/204/: Decision of the European Parliament and of the Council of 25 March 2010 on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management

text:
               8.4.2010

               EN

               Official Journal of the European Union

               L 88/17

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 25 March 2010
   on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management
   (2010/204/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide additional support to redundant workers who suffer from the consequences of major structural changes in world trade patterns and to assist them with their reintegration into the labour market.

               (2)

               The scope of the EGF was broadened for applications submitted from 1 May 2009 to include support for workers made redundant as a result of the global financial and economic crisis.

               (3)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

               (4)

               Lithuania submitted an application to mobilise the EGF, in respect of redundancies in the clothing sector, on 23 September 2009. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006, therefore the Commission proposes to deploy an amount of EUR 523 481.

               (5)

               The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by Lithuania,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2010, the European Globalisation Adjustment Fund (EGF) shall be mobilised to provide the sum of EUR 523 481 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 25 March 2010.

            For the European Parliament

            The President

         J. BUZEK

            For the Council

            The President

         D. LÓPEZ GARRIDO

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 406, 30.12.2006, p. 1.


title: 2009/386/EC: Commission Decision of 15 May 2009 on appointment of three members of the Standards Advice Review Group created by the Decision 2006/505/EC setting up a Standards Advice Review Group to advise the Commission on the objectivity and neutrality of the European Financial Reporting Advisory Group’s (EFRAG’s) opinions

text:
               16.5.2009

               EN

               Official Journal of the European Union

               L 122/45

      COMMISSION DECISION

   of 15 May 2009
   on appointment of three members of the Standards Advice Review Group created by the Decision 2006/505/EC setting up a Standards Advice Review Group to advise the Commission on the objectivity and neutrality of the European Financial Reporting Advisory Group’s (EFRAG’s) opinions
   (2009/386/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Commission Decision 2006/505/EC of 14 July 2006 setting up a Standards Advice Review Group to advise the Commission on the objectivity and neutrality of the European Financial Reporting Advisory Group’s (EFRAG’s) opinions (1), and in particular Article 3 thereof,
   Whereas:

               (1)

               According to Article 3 of the Decision 2006/505/EC, the Commission shall appoint a maximum of seven members of the Standards Advice Review Group from independent experts whose experience and competence in the accounting area, in particular in financial reporting issues, are widely recognised at Community level.

               (2)

               With Decision 2007/73/EC (2), the Commission appointed the seven members of the Standards Advice Review Group on 8 February 2007 for a three-year renewable term of office. In order to enable an orderly rotation of Group membership, the Group may decide on partial replacement of the members in groups of two or three. The Group has decided to replace three Members in 2009,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Commission herewith appoints three members of the Standards Advice Review Group, whose names are reproduced in the Annex.
   Article 2
   This Decision shall take effect on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 15 May 2009.

            For the Commission

         Charlie McCREEVY

            Member of the Commission

      (1)  OJ L 199, 21.7.2006, p. 33.

      (2)  OJ L 32, 6.2.2007, p. 181.

      ANNEX

         LIST OF MEMBERS

                  Rien VAN HOEPEN

                  Bernard RAFFOURNIER

                  Mari PAANANEN


title: Commission Decision (EU) 2015/2418 of 18 December 2015 amending Decision 1999/352/EC, ECSC, Euratom establishing the European Anti-fraud Office (OLAF)

text:
               19.12.2015

               EN

               Official Journal of the European Union

               L 333/148

         COMMISSION DECISION (EU) 2015/2418
   of 18 December 2015
   amending Decision 1999/352/EC, ECSC, Euratom establishing the European Anti-fraud Office (OLAF)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 249 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 (1), and in particular Articles 65 and 197 thereof,
   Whereas:

               (1)

               Pursuant to Article 65 of Regulation (EU, Euratom) No 966/2012, the Commission is responsible for indicating the staff to whom it delegates its duties, the scope of the powers delegated and the limits set to the delegation to authorising officers. In doing this, the Commission should duly consider its overall political responsibility for the management of the Union budget.

               (2)

               In line with Article 15(8) of Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (2), the secretariat of the Supervisory Committee should remain being provided by OLAF, in close consultation with the Supervisory Committee, and the Director-General of OLAF should remain the authorising officer by delegation for all appropriations related to them. The Director-General of OLAF may sub-delegate those powers to staff members subject to the Staff Regulations of Officials or Conditions of Employment of Other Servants of the Union.

               (3)

               In line with the need for ensuring an effective internal control system, in accordance with Article 32 of Regulation (EU, Euratom) No 966/2012 and in order to avoid the appearance of a possible interference of the European Anti-fraud Office in the duties of the members its Supervisory Committee, an appropriate framework for the implementation of the appropriations related to the members of the Supervisory Committee should be defined. In particular, the delegation of powers of authorising officer related to the members should be organised in a way to prevent appearance of possible interference.

               (4)

               This Decision should start applying on 1 January 2016, together with the new Annex I to the Internal rules. It should therefore enter into force as soon as possible.

               (5)

               Commission Decision 1999/352/EC, ECSC, Euratom (3) should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   In Article 6 of Decision 1999/352/EC, ECSC, Euratom, paragraph 3 is replaced by the following:

      ‘3.   Except for the implementation of appropriations relating to the members of the Supervisory Committee, the Director-General shall act as authorising officer by delegation for implementation of the appropriations entered in the annex concerning the Office to the Commission section of the general budget of the European Union and the appropriations entered under the anti-fraud budget headings for which powers are delegated to him or her in the internal rules on implementation of the general budget. He or she shall be permitted to sub-delegate his or her powers to staff members subject to the Staff Regulations of Officials or Conditions of Employment of Other Servants of the Union in accordance with the those internal rules.’

   Article 2
   This Decision shall enter into force on the first day following that of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2016.

      Done at Brussels, 18 December 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  OJ L 298 26.10.2012, p. 1.

      (2)  Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (OJ L 248, 18.9.2013, p. 1).

      (3)  Commission Decision 1999/352/EC, ECSC, Euratom of 28 April 1999 establishing the European Anti-fraud Office (OLAF) (OJ L 136, 31.5.1999, p. 20).


Avis juridique important

|

31996D0219

96/219/EC: Council Decision of 26 February 1996 concerning the conclusion of the Agreement for Scientific and Technological Cooperation between the European Community and Canada

Official Journal L 074 , 22/03/1996 P. 0025 - 0025

COUNCIL DECISION of 26 February 1996 concerning the conclusion of the Agreement for Scientific and Technological Cooperation between the European Community and Canada (96/219/EC) THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 130m, in conjunction with Article 228 (2), first sentence, and the first subparagraph of Article 228 (3) thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Whereas the European Community and Canada are pursuing specific research programmes in areas of common interest;Whereas on the basis of past experience under the Framework Agreement for Commercial and Economic Cooperation between the European Communities and Canada (3), both sides have expressed a desire to establish a more formal framework for the conduct of collaboration in science and technology;Whereas by its Decision of 19 April 1993, the Council authorized the Commission to negotiate an Agreement for Scientific and Technological Cooperation between the European Community and Canada;Whereas by its Decision of 15 June 1995, the Council authorized the Commission to sign the Agreement on behalf of the European Community;Whereas the Agreement was signed on 17 June 1995;Whereas the Agreement for Scientific and Technological Cooperation between the European Community and Canada should be approved,HAS DECIDED AS FOLLOWS:Article 1 The Agreement for Scientific and Technological Cooperation between the European Community and Canada is hereby approved.The text of the Agreement is attached to this Decision.Article 2 The President of the Council shall, on behalf of the Community, give the notification provided for in Article 12 of the Agreement.Done at Brussels, 26 February 1996.For the CouncilThe PresidentS. AGNELLI(1) OJ No C 317, 28. 11. 1995, p. 7.(2) OJ No C 17, 22. 1. 1996.(3) OJ No L 260, 24. 8. 1976, p. 2.


Important legal notice

|

52007BP0120(01)

1. European Parliament decision of 24 April 2007 on the discharge for the implementation of the budget of the European Medicines Agency for the financial year 2005 (C6-0394/2006 - 2006/2161(DEC))

Official Journal 074 E , 20/03/2008 P. 0227 - 0227

		1.European Parliament decision of 24 April 2007 on the discharge for the implementation of the budget of the European Medicines Agency for the financial year 2005 (C6-0394/2006 — 2006/2161(DEC))The European Parliament,- having regard to the final annual accounts of the European Medicines Agency for the financial year 2005 [1],- having regard to the Court of Auditors' report on the final annual accounts of the European Medicines Agency for the financial year 2005, together with the Agency's replies [2],- having regard to the Council's recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),- having regard to the EC Treaty, and in particular Article 276 thereof,- 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 [3], and in particular Article 185 thereof,- having regard to Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency [4], and in particular Article 68 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 [5], and in particular Article 94 thereof,- having regard to Rule 71 of and Annex V to its Rules of Procedure,- having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0099/2007),1. Grants the executive director of the European Medicines Agency discharge for the implementation of the Agency's budget for the financial year 2005;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 Medicines 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).[1] OJ C 266, 31.10.2006, p. 4.[2] OJ C 312, 19.12.2006, p. 12.[3] OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).[4] OJ L 136, 30.4.2004, p. 1. Regulation as amended by Regulation (EC) No 1901/2006 (OJ L 378, 27.12.2006, p. 1).[5] OJ L 357, 31.12.2002, p. 72.--------------------------------------------------


title: Council Decision (EU) 2015/2071 of 10 November 2015 authorising Member States to ratify, in the interests of the European Union, the Protocol of 2014 to the Forced Labour Convention, 1930, of the International Labour Organisation as regards Articles 1 to 4 of the Protocol with regard to matters relating to judicial cooperation in criminal matters

text:
               18.11.2015

               EN

               Official Journal of the European Union

               L 301/47

         COUNCIL DECISION (EU) 2015/2071
   of 10 November 2015
   authorising Member States to ratify, in the interests of the European Union, the Protocol of 2014 to the Forced Labour Convention, 1930, of the International Labour Organisation as regards Articles 1 to 4 of the Protocol with regard to matters relating to judicial cooperation in criminal matters
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 82(2), in conjunction with Article 218(6)(a)(v) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               The Union is promoting the ratification of international labour conventions, classified by the International Labour Organisation (ILO) as up to date, to contribute to the Union's efforts to promote human rights and decent work for all and to eradicate trafficking in human beings both inside and outside the Union. The protection of fundamental principles and rights at work is a key aspect of that promotion.

               (2)

               The Forced Labour Convention, 1930, of the International Labour Organisation, which the Protocol of 2014 supplements, is a fundamental ILO Convention and has a bearing on rules which make reference to core labour standards.

               (3)

               In so far as the Protocol of 2014 to the Forced Labour Convention, 1930, of the International Labour Organisation (‘the Protocol’) covers the area of protection of victims of crime governed by Article 82(2) of the Treaty on the Functioning of the European Union (TFEU), the Union has already adopted common rules which cover this area to a large extent, in particular through Directive 2011/36/EU of the European Parliament and of the Council (1) and Directive 2012/29/EU of the European Parliament and of the Council (2). The Protocol may affect those common rules.

               (4)

               Article 19(4) of the ILO Constitution, on the adoption and ratification of Conventions, similarly applies to Protocols, which are binding international agreements, subject to ratification and linked to Conventions.

               (5)

               The Union cannot ratify the Protocol as only States can be parties thereto.

               (6)

               Member States should therefore be authorised to ratify the Protocol, acting jointly in the interests of the Union, with regard to those parts falling within Union competence in accordance with Article 82(2) TFEU.

               (7)

               Articles 1 to 4 of the Protocol contain obligations relating to Union legislation concerning the protection of victims of crimes. As a consequence, those provisions fall within the scope of Title V of Part Three TFEU, in particular Article 82(2) thereof.

               (8)

               Article 82(2) TFEU is the only legal basis that this Decision should be based on. The Protocol, in particular Article 4 thereof, also refers to the residence status of victims of forced or compulsory labour to the extent that this is required to enable those victims to have access to appropriate and effective remedies. However, this objective, which relates to Article 79 TFEU, is merely incidental whilst the objectives relating to Article 82(2) TFEU are identifiable as the predominant aim and component.

               (9)

               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 TFEU, Denmark is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (10)

               The United Kingdom and Ireland are bound by Directive 2011/36/EU and Directive 2012/29/EU, and are therefore taking part in the adoption of this Decision.

               (11)

               Member States should be authorised to ratify the Protocol with regard to matters relating to judicial cooperation in criminal matters contained in Articles 1 to 4 thereof. The parts of the Protocol falling within the competence conferred upon the Union, other than the parts related to judicial cooperation in criminal matters, will be subject to a Decision adopted in parallel to this Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   Member States are hereby authorised to ratify, for the parts, contained in Articles 1 to 4 of the Protocol, falling within the competence conferred upon the European Union under Article 82(2) TFEU, the Protocol of 2014 to the Forced Labour Convention, 1930, of the International Labour Organisation.
   Article 2
   Member States should take the necessary steps to deposit their instruments of ratification of the Protocol with the Director-General of the International Labour Office as soon as possible, preferably by 31 December 2016.
   Article 3
   This Decision is addressed to the Member States.

      Done at Brussels, 10 November 2015.

            For the Council

            The President

         P. GRAMEGNA

      (1)  Directive 2011/36/EU of the European Parliament and of the Council of 5 April 2011 on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L 101, 15.4.2011, p. 1).

      (2)  Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime, and replacing Council Framework Decision 2001/220/JHA (OJ L 315, 14.11.2012, p. 57).