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32000D0023

2000/23/EC: Council Decision of 6 December 1999 on the improvement of information on the Council's legislative activities and the public register of Council documents

Official Journal L 009 , 13/01/2000 P. 0022 - 0023

COUNCIL DECISIONof 6 December 1999on the improvement of information on the Council's legislative activities and the public register of Council documents(2000/23/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to its Rules of Procedure, and in particular Article 8 thereof,Whereas:(1) Openness is vital for democracy and accountability within the European Union and information to the public is one of the instruments to enhance such openness;(2) Without prejudice to Council Decision 93/731/EC of 20 December 1993 on public access to Council documents(1) and to the principles and limits governing the right of access to documents to be adopted under Article 255 of the Treaty establishing the European Community:- further efforts should be made to improve information on the Council's legislative activities as defined in Article 6 of its Rules of Procedure,- measures should be taken to enhance further the performance of the public register of Council documents accessible on the Internet (http://ue.eu.int) since 1 January 1999,- the Council's internal procedures for public access to its documents should be further rationalised by using information technologies and avoiding excessive bureaucracy,HAS DECIDED AS FOLLOWS:Article 1The General Secretariat of the Council shall make accessible to the public a list of the items on the provisional agendas of meetings of the Council and its preparatory bodies referring to cases where the Council acts in its legislative capacity, as defined in Article 6 of its Rules of Procedure.This list shall include references to the documents considered in respect of those items. It shall be available in advance of the respective meeting and be updated in case of any changes.Article 2The public register of Council documents shall also include references to the document number and the subject matter of classified documents. No reference shall be made to the subject matter if disclosure of this information could undermine:- the protection of the public interest (public security, international relations, monetary stability, court proceedings, inspections and investigations),- the protection of the individual and of privacy,- the protection of commercial and industrial secrecy,- the protection of the Community's financial interests,- the protection of confidentiality as requested by the natural or legal person who supplied any of the information contained in the document or as required by the legislation of the Member State which supplied any of that information.Article 3As soon as the necessary technical preparations have been made and at the latest by 1 July 2000, it shall be indicated in the register which documents have already been released to the public, and their content shall be made available on the Internet.Article 4This Decision shall be published in the Official Journal.It shall take effect as from 1 January 2000.Done at Brussels, 6 December 1999.For the CouncilThe PresidentT. HALONEN(1) OJ L 340, 31.12.1993, p. 43. Decision as amended by Decision 96/705/EC, ECSC, Euratom (OJ L 325, 14.12.1996, p. 19).


title: 2011/248/EU: Council Decision of 12 April 2011 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 Palestinian Authority of the West Bank and the Gaza Strip, of the other part, providing further liberalisation of agricultural products, processed agricultural products and fish and fishery products and amending the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part

text:
               20.4.2011

               EN

               Official Journal of the European Union

               L 104/2

         COUNCIL DECISION
   of 12 April 2011
   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 Palestinian Authority of the West Bank and the Gaza Strip, of the other part, providing further liberalisation of agricultural products, processed agricultural products and fish and fishery products and amending the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part
   (2011/248/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 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 were successfully concluded by the initialling of the Agreement in the form of an Exchange of Letters between the European Union, of the one part, and the Palestinian Authority of the West Bank and the Gaza Strip, of the other part, providing further liberalisation of agricultural products, processed agricultural products and fish and fishery products and amending the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestine Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part (hereinafter referred to as ‘the Agreement’).

               (2)

               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 Palestinian Authority of the West Bank and the Gaza Strip, of the other part, providing further liberalisation of agricultural products, processed agricultural products and fish and fishery products and amending the Euro-Mediterranean Interim Association Agreement on trade and cooperation between the European Community, of the one part, and the Palestinian Liberation Organization (PLO) for the benefit of the Palestinian Authority of the West Bank and the Gaza Strip, of the other part (hereinafter referred to as ‘the Agreement’) is hereby approved on behalf of the Union, subject to the conclusion of the said Agreement (1).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 12 April 2011.

            For the Council

            The President

         C. ASHTON

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


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31983D0214

83/214/EEC: Decision of the European Parliament of 15 April 1983 granting a discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its appropriations for the 1981 financial year

Official Journal L 119 , 06/05/1983 P. 0026 - 0028

*****DECISION  OF THE EUROPEAN PARLIAMENT  of 15 April 1983  granting a discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its appropriations for the 1981 financial year  (83/214/EEC)  THE EUROPEAN PARLIAMENT,  (a) having regard to the Treaty establishing the European Economic Community, and in particular Article 206b thereof,  (b) having regard to the revenue and expenditure accounts of the European Foundation for the Improvement of Living and Working Conditions for the 1981 financial year,  (c) having regard to the report of the Court of Auditors on the 1981 accounts (Doc. 1-1344/82),  (d) having regard to the report of the Committee on Budgetary Control (Doc. 1-70/83),  (e) recalling that the Treaty of 22 July 1975, duly ratified by all the Member States, conferred on the European Parliament final responsibility in relation to the grant of discharge in respect of the general budget of the European Communities,  (f) noting the improvements in presentation and internal control that were effected by the Foundation following the three previous resolutions (1) adopted by Parliament and taking into account the fact that the Court of Auditors' report on the 1981 accounts reveals no problems in relation to the management of the Foundation's appropriations,  (g) observing that the Foundation will be the subject of a special report to be considered by Parliament in the near future,  1. Notes the following figures for the accounts of the European Foundation for the Improvement of Living and Working Conditions:  Financial year 1981  1.2.3 // REVENUE  // ECU  // %  // From the Commission part of the budget  // 2 780 596,45  // 97,5  // Bank interest  // 48 664,14  // 1,7  // Other  // 23 758,89  // 0,8  //  // 2 953 019,48  // 100,0  // EXPENDITURE  //   //   // Budget appropriations  // 2 896 000,00  // 100,0  // Commitments  // 2 853 019,48  // 98,5  // Appropriations unused  // 42 980,52  // 1,5  // Payments  // 2 180 570,79  //   // Appropriations brought forward from previous year  // 851 650,95  //  // Payment from appropriations brought forward  // 842 201,33  //   // Unused appropriations brought forward  // 9 449,62 1981, p. 4; OJ No L 144, 24. 5. 1982, p. 4.  2. Grants a discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions, on the basis of the report of the Court of Auditors, in respect of the accounts for the 1981 financial year;  3. Instructs its President to communicate this Decision and the attached comments to the Council and Commission of the European Communities, the Court of Auditors and to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions, and to arrange for their publication in the Official Journal of the European Communities (L series).  1.2 // The Secretary-General  // The President  // H.-J. OPITZ  // P. DANKERT  //   // Appropriations carried forward  // 672 448,69  //  (1) OJ No L 180, 14. 7. 1980, p. 13; OJ No L 342, 28. 11.  RESOLUTION  embodying the comments accompanying the Decision granting a discharge to the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions in respect of its revenue and expenditure accounts for the 1981 financial year  THE EUROPEAN PARLIAMENT,  1. Asks the Council and the Commission of the European Communities and the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions to take the necessary measures to comply with the following comments and calls on the Commission and the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions to submit a written report by 1 October 1983 on the follow-up to these comments;  Closer involvement of the Foundation in the formulation of Community policy  2. Recalls that the Regulation which established the Foundation effectively envisaged the involvement of this body in the formulation of Community policy; notes that, in the comments accompanying its discharge Decision in respect of the 1979 financial year (1), it called on the Council and the Commission to ensure that, in future, the Foundation should be more closely involved in the formulation of Community policy; strongly urges that such fuller involvement be organized so that the Community may derive maximum benefit from the Foundation;  As regards financial control  3. Notes the views of the Court of Auditors in regard to the appointment of a Deputy Financial Controller at the Foundation; considers that this matter should be fully examined when the text of the revised Financial Regulation is available.  (1) OJ No L 342, 28. 11. 1981, p. 6.


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31986D0087

86/87/EEC, Euratom: Council Decision of 10 March 1986 concerning the conclusion of the Framework Agreement for scientific and technical cooperation between the European Communities and the Republic of Finland

Official Journal L 078 , 24/03/1986 P. 0023

*****COUNCIL  DECISION  of 10 March 1986  concerning the conclusion of the Framework Agreement for scientific and technical cooperation between the European Communities and the Republic of Finland  (86/87/EEC, Euratom)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Treaty establishing the European Atomic Energy Community,  Having regard to the recommendation from the Commission,  Whereas the Framework Agreement for scientific and technical cooperation between the European Communities and the Republic of Finland should be approved,  HAS DECIDED AS FOLLOWS:  Article 1  The Framework Agreement for scientific and technical cooperation between the European Communities and the Republic of Finland is hereby approved on behalf of the European Economic 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 13 of the Agreement.  Done at Brussels, 10 March 1986.  For the Council  The President  H. van den BROEK


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31989D0687

89/687/EEC: Council Decision of 22 December 1989 establishing a Programme of options specific to the remote and insular nature of the French overseas departments (POSEIDOM)

Official Journal L 399 , 30/12/1989 P. 0039 - 0045

COUNCIL DECISIONof 22 December 1989establishing a programme of options specific to the  remote and insular nature of the French overseas departments (Poseidom)(89/687/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular  Articles 227 (2) and 235 thereof, Having regard to the proposal from the Commission (1), Having regard to the opinion of the European Parliament (2), Having regard to the opinion of the Economic and Social Committee (3), Whereas Article 227 (2) of the Treaty stipulates that the institutions of the Community will,  within the framework of the procedures provided for in this Treaty, take care that the economic and  social development of the French overseas departments is made possible; whereas, therefore, it is  appropriate to introduce a multiannual and multisectoral programme, the better to attain this  objective; whereas, in the case in point, the Treaty has not provided the powers required for the  adoption of this Decision and it is therefore appropriate to have recourse to Article 235 of the  Treaty; Whereas the French overseas departments, which also constitute regions within the meaning of the  French law of2 August 1984, suffer from a serious structural lack of development aggravated by a  number of constraints (remoteness, isolation, small size, difficult terrain and climate, and  economic dependence on a small number of products) whose unchanging nature and combined impact have  serious adverse effects on their economic and social development; whereas these constraints  differentiate sharply the social and economic context of the French overseas departments from that  of the other Community regions, particular in the area of unemployment, the level of which is among  the highest in the Community and primarily affects young people; Whereas the Community authorities have repeatedly shown their solidarity with the French overseas  departments, whether through assistance from Community funds or by taking their specific nature  into account in applying Community rules; whereas the European Parliament statedin its  resolution of 11 May 1987 on the regional problems of the French overseas departments that it was  convinced 'that the serious situation which exists in the French overseas departments justifies,  and makes it imperative to pursue, economic and social development in various sectors' and called  on the Community authorities to implement a broad range of highly diverse operations; Whereas the special constraints on the French overseas departments make it necessary to step up  Community support in order to promote their economic and social development; whereas such support  should be forthcoming immediately in order to facilitate the integration of their economies in the  1993 internal market; Whereas the French overseas departments form an integral part of the Community pursuant to Article  227 of the Treaty, as interpreted by decisions of the Court of Justice, which has ruled that the  provisions of the Treaty and secondary legislation apply automatically to the French overseas  departments, it being understood that it is always possible to adopt specific measures to assist  them to the extent that, and for as long as, there remains an objective need for such measures with  a view to the 'economic and social development of these areas'; Whereas, however, while forming an integral part of the Community, the French overseas departments  are located in developing regions which lie in tropical latitudes; whereas any operation concerning  these departments must therefore be based on a clear understanding of this twofold dimension and be  aimed both at the objective of completing the internal market and at that of recognizing the  regional reality; whereas the objective of completing the internal market should be reflected in  the maintenance, modification or abolition of rules in force in the French overseas departments in  line with those which will become the norm in the Community as a whole, while enabling the  departments to catch up with the average Community economic and social level; Whereas Community rules must be adopted to the need to protect the environment and natural  resources to take account of the fragile nature of island territories and of their being  particularly vulnerable to the increasing pressures of tourism; Whereas attainment of these objectives may mean that general Community rules will have to be  adjusted in so far as they do not take sufficiently into account the features peculiar to the  French overseas department; whereas a coordinated approach should therefore be adopted in the  framework of a comprehensive programme of operations; Whereas implementation of the programme would require the adoption of legal acts, either by the  Council or by the Commission as the case may be, some of which could apply solely to the French  overseas departments while others would be of only incidental concern to them in texts of general  scope; Whereas, in order to be effective, such a programme must be carried out over a period of years,  which could extend, inthe case of certain aspects of the programme, beyond the31 December 1992  deadline, given the permanent constraints which are a particular feature of the French overseas  departments; Whereas the economic effects of any special arrangements must remain strictly limited to the  territory of the French overseas departments without affecting directly the functioning of the  common market; Whereas some of the tropical products originating in the French overseas departments are not yet  covered by common measures, which means that the aims set out in Article 39 of the Treaty cannot be  attained in respect of the producers concerned; whereas this will therefore mean that, on the one  hand, the existing common organizations of the market will have to be applied to the French  overseas departments, subject to adjustments being made, and, on the other, that the arrangements  under certain common organizations will have to be adjusted or ad hoc solutions provided for;  whereas it will be necessary, as regards in particular the banana market, to give a ruling on  provisions which take account of the objectives of the Single European Act; whereas measures will  have to be adopted, for the French overseas departments, which take account of the economic and  social importance of this product in certain of the said departments and of the objective of  bringing about a fair standard of living for producers; Whereas the exceptional geographical situation of the French overseas departments in relation to  sources of supply for products used as inputs in certain food sectors, which are essential for  current consumption, entail costs that are a severe handicap for those departments; whereas more of  their requirements in agricultural and food products should be met from local production,  particularly in the case of livestock farming, where inputs account for a substantial proportion of  the cost of the end product; whereas this handicap should accordingly be mitigated by appropriate  measures; Whereas the French overseas departments are suppliers, on the Community market in Europe, of  tropical products that are similar to, and in competition with, those produced in part at lower  cost in neighbouring developing countries which enjoy preferential terms of access to the Community  market, so that the principle of Community preference is difficult to apply in practice to products  obtained from the French overseas departments; whereas, for the French overseas departments, the  neighbouring countries moreover represent a potential outlet for their products as the important  tourist industry in the region is generally supplied with products from other sources at lower  cost; whereas greater regional cooperation could provide the Frenchoverseas departments with a  means of making better use ofthis outlet; whereas this handicap too should be mitigated by means  of appropriate measures; Whereas numerous national rules specific to the French overseas departments have been adopted, many  of them being of long standing, in order to promote their economic and social development; whereas  the drive to complete the internal market requires that a decision be taken before 31 December 1992  on maintaining, modifying or abolishing these rules in accordance with the general principles of  the Treaty, while taking into account the special constraints affecting the regions concerned; Whereas it is important to have available regular means of transport, at the lowest cost, in order  to overcome the obstacles posed by remoteness and insularity of the departments; whereas air  transport is an instrument of regional development and the most appropriate forms of greater  liberalization should be sought in the context of partnership with local authorities; Whereas, in this context, traditional rum is a product of prime economic and social importance in  the French overseas departments; whereas Council Decision 88/245/EEC (1) authorized France,  notwithstanding Article 95 of the Treaty, to maintain special tax arrangements on the French  internal market until 31 December 1992; whereas between now and then it will be necessary to study  the implications of the threefold context of the new Community definition, the abandonment of the  allocation among Member States of the quota granted to the ACP States and the abolition of the  special tax arrangements after 1 January 1993; whereas, as a result, structural measures designed  to safeguard the essential interests of Community rum producers should be taken as soon as  possible; Whereas, in this context also, the French overseas departments have their own tax arrangements,  particularly in the form of dock dues, which encourage self-reliant management by local authorities  in their own development by providing them with own resources and help support local production  activities; whereas completion of the internal market will require that this system be adapted in  order to make it compatible with Community law while fostering its function as an effective  instrument for development in the regions concerned; Whereas in the context of rationalizing the aims of the Structural Funds, the Brussels European  Council of 12 and 13 February 1988 laid down five priority objectives, including promotion of the  development and structural adjustment of the less-developed regions; whereas it explicitly and  definitively included the French overseas departments in the list of regions covered by this  objective and stated that contributions to all the less-developed regions from the Structural Funds  would be doubled in real terms between 1987 and 1992; whereas assistance for the French overseas  departments will be provided from the StructuralFunds, the European Investment Bank and the other  existing financial instruments on the basis of the corresponding Community support framework, in a  coordinated andconcentrated manner that will be complementary to national and local initiatives,  pursuant to Regulation (EEC)N° 2052/88 (1); Whereas a programme which is both cohesive and which combines all the aid mechanisms of the  Community and the national and regional authorities may permit optimum and more effective use of  the resources of the Structural Funds; Whereas such programming must provide a guarantee of the active involvement of local, regional and  national authorities and the complementarity of Community measures, in compliance with the  principles of partnership and a joint contribution; Whereas, moreover, the French overseas departments are surrounded, in their two geographical areas,  by States and territories with which the Community maintains relations of a varied nature, which  take the form of cooperation policies that are relatively uncoordinated; whereas, however, the  development of the different constituents of a given geographical area, each of which has similar  constraints and characteristics, requires the implementation of regional projects common to the  various constituents, irrespective of their status in relation to Community law, as this makes it  possible to achieve economies of scale and strengthens regional cooperation among the partners  concerned; Whereas, furthermore, these neighbouring entities are traditionally faced with similar problems  despite their differing legal status; whereas regional cooperation that is geared to local  realities involves more direct dialogue between the parties concerned; whereas it is therefore  appropriate to foster regional consultation procedures, in close cooperation with the Member States  concerned in the case of regions or territories that are the responsibility of Member States, HAVE DECIDED AS FOLLOWS: Article 1A multiannual action programme for the French overseas departments,  known as Poseidom (Programme of options specific to the remote and insular nature of the French  overseas departments) contained in the Annex, is hereby established. This programme shall deal with  legislative measures and financial commitments. The Council shall adopt, to the extent to which it is concerned, the provisions necessary for the  execution of this programme and invite the Commission to submit to it as soon as possible relevant  proposals. Article 2This Decision shall take effect on 1 January 1990. Article 3This Decision shall be published in the Official Journal of the European Communities. Done at Brussels, 22 December 1989. For the CouncilThe PresidentE. CRESSON(1) OJ N° C 53, 2. 3. 1989, p. 12. (2) Opinion delivered on 14 December 1989 (not yet published in the Official Journal). (3) OJ N° C 159, 26. 6. 1989, p. 56. (1) OJ N° L 106, 27. 4. 1988, p. 33. (1) OJ N° L 185, 15. 7. 1988, p. 9.  ANNEX PROGRAMME OF OPTIONS SPECIFIC TO THE REMOTE AND INSULAR NATURE OF THE FRENCH  OVERSEAS DEPARTMENTS (POSEIDOM) TITLE 1General principles1. Poseidom will be based on the twofold principle that the French overseas departments form an  integral part of the Community and that the regional reality, characterized by the special features  and constraints specific to the regions concerned as distinct from the Community as a whole, must  be recognized. 2.1. Implementation of the Poseidom programme will in principle be carried out from 1 January 1990 to31  December 1992, through the adoption either by the Council or by the Commission, as appropriate, of  the necessary legal acts, in accordance with the provisions and procedures laid down in the  Treaty. 2.2. Given the permanent and specific constraints on the French overseas departments, certain measures  under the programme may continue to apply after 31 December 1992 so as to make possible the  economic and social development of these areas. 3. The Poseidom programme will help attain the general aims of the Treaty by contributing to the  achievement of the following specific objectives: (a)  making possible the realistic integration of the French overseas departments into the  Community by establishing an appropriate framework for the application of common policies in those  areas; (b)  helping the French overseas departments catch up economically and socially, with a view to the  completion of the internal market by 31 December 1992, through coordinated and concentrated action  involving the Structural Funds, the European Investment Bank and other existing financial  instruments; measures adopted by national or regional authorities must be integrated with such  actions. 4. The Poseidom programme will help attain the aims listed in Annex VII to the Final Act of the Third  Lomé Convention and in the identical Declaration attached to the Fourth ACP-EEC Convention, signed  at Lomé on 15 December 1989, as well as in the first part of Title VII of Council Decision  86/283/EEC of 30 June 1986 on the association of the overseas countries and territories with the  European Economic Community (;), as amended by Decision 87/341/EEC ($), and in the corresponding  provisions of the Decision which will succeed it, whose aim is to promote regional cooperation in  the developing areas where the French overseas departments are situated, notably through the  provision of appropriate instruments for participating in joint regional projects or programmes. TITLE IIApplication of common policies in the French overseas departments5. Community measures already taken for the French overseas departments will be maintained, extended  or adapted in accordance with this Decision in order to provide a better response to their specific  characteristics and the need to make their economic and social development possible. 6. Directives or other measures to be adopted in connection with the internal market, social matters,  technological research and development, without prejudice to the Community framework programme on  this topic, and environmental protection will have to take into account the special character of  the French overseas departments and the need to make their economic and social development  possible. 7. The Community and the Member State will develop any actions designed to enable the multiplicity of  Community airlines, particularly local airlines, to serve the French overseas departments in the  interests of their development. (;) OJ N° L 175, 1. 7. 1986, p. 1. ($) OJ N° L 173, 30. 6. 1987, p. 10. 8.1. On the basis of a product-by-product analysis to be carried out by the Commission in the light of  objective criteria, agricultural products not covered by common measures shall qualify for ad hoc  measures which may take the form of assistance for processing or marketing, while not ruling out,  in particular cases, the possibility of assistance for production. The Council or the Commission,  as appropriate, will adopt the first measures necessary to this end within six months of the date  on which this Decision takes effect. 8.2. In view of the economic and social importance of bananas for the French overseas departments and  the objective of a fair standard of living for producers, the Commission will, without waiting for  the adoption of common rules in particular under Structural Fund rules, decide on actions to assist  this sector. With a view to improving the conditions of production and competition, such actions  will take the form inter alia of measures concerning research, harvesting, processing and  treatment, transport, storage, marketing and commercial promotion. The Council will, on a proposal from the Commission, give a ruling on provisions for bananas with a  view to the completion of the single market between now and 31 December 1992. 8.3. In the case of rum, the Commission will examine the economic and social implications of the  threefold context of the new Community definition, the changes agreed under the negotiations for  the Fourth ACP-EEC Convention regarding access to the Community market of rum originating in the  ACP States, and the abolition of the special tax arrangements, taking into account the interests of  Community producers and producers in territories and third countries in respect of which the  Community has given specific undertakings. The Council and the Commission, each to the extent to which it is concerned, will adopt as soon as  possible the structural measures required to safeguard the essential interests of Community rum  producers in order to improve their competitiveness, restructure the chain and assist the marketing  of their production with a view to the gradual abolition of national shares. The Commission will  submit the relevant proposals to the Council by 30 June 1990. It will report by 31 December 1992 on  the situation of Community producers and on the implementation of the above measures. 9.1. Within six months from the date on which this Decision takes effect the Council or the Commission,  as appropriate, will take action intended to mitigate the effects of the exceptional geographical  situation of the French overseas departments in relation to the continental territory of the  Community, taking into account the aims of regional cooperation. Such action shall take the form of measures, on the one hand, to facilitate supplies to the French  overseas departments and, on the other, to assist certain lines of agricultural production in the  French overseas departments. 9.2. Regarding supplies to the French overseas departments, the latter will benefit from the following  measures: (a)  firstly, the measures in question will concern inputs for local livestock farming: to that  end, grain originating in developing countries and intended for livestock production will be  exempted from the levy when imported directly into the French overseas departments. Where there are difficulties recognized by the Commission with supplies of such products  originating in developing countries, this measures may, by way of exception, be extended to grain  originating in other third countries; (b)  secondly, the measures in question may also concern products intended for human consumption;  such products originating in the overseas countries and territories or the ACP States may be  exempted from the levy or, where appropriate, from customs duty when imported directly into the  French overseas departments. Where there are difficulties recognized by the Commission with supplies of such products  originating in the overseas countries and territories or neighbouring ACP States, this measure may  be extended to products originating in other developing countries; (c)  the measures referred to in (a) and (b) will be limited to local market requirements and  involve measures making it possible to ensure that the products in question are not re-dispatched  to the rest of the Community. 9.3. Regarding their production of agricultural products, the French overseas departments will benefit  from the following measures to be adopted on the basis of a product-by-product analysis to be  carried out by the Commission in the light of objective criteria: (a)  provision will be made for Community measures to develop certain lines of production for which  there are outlets on the French overseas departments' own markets, on the markets of neighbouring  areas or on the markets of the rest of the Community; (b)  in the case of other lines of production, provision may be made for measures taking particular  account of the effectiveness of their contribution to the economic and social development of the  French overseas departments. 10.1. National measures which have specific effects favouring the French overseas departments shall be  listed systematically in order that a decision may be taken before 31 December 1992 on whether to  maintain, modify or abolish them in line with the general principles of the Treaty, while taking  into account the special constraints on those areas. 10.2. With regard to aid within the meaning of Article 92 of the Treaty, the Commission: (a)  will, after compiling the list of measures referred to in paragraph 1, examine the aid in the  light of that provision and shall adopt measures within the scope of its powers or, where  appropriate, shall propose to the Council any measures that prove necessary, pursuant to Articles  92, 93 and 94 of the Treaty, taking into account the specific position of the French overseas  departments and the impact of the Community measures provided for in this programme or adopted in  implementation of it; (b)  shall continue, even after 31 December 1992, to examine at regular intervals the aid given  with a view to making any changes required by developments in the situation. 11. The system of charges applied in the French overseas departments under the heading of dock dues  shall be converted in accordance with Decision 89/688/EEC (;). TITLE IIIAction involving the Structural Funds, the European Investment Bank and other financial  instruments12.1. The aims and procedures set out in Regulation (EEC) N° 2052/88 will apply, as from the entry into  force of the Regulation and on the terms laid down therein, to assistance to the French overseas  departments from the Structural Funds, the European Investment Bank and other existing financial  instruments with a view to promoting their development and structural adjustment. 12.2. Structural aid will take account of the additional handicaps of remoteness and insularity borne by  the French overseas departments. 12.3. Pursuant to Article 8 of Regulation (EEC) N° 2052/88, the French authorities and the Commission  will ensure that measures to assist the French overseas departments that are covered by Community  support frameworks are carried out primarily through the implementation of operational programmes,  in accordance with the principles of partnership and additionality. 12.4. Within the scope of its powers and in accordance with the eligibility rules of the Structural Funds  the Commission will speed up the grant of assistance in cases where aid from the Funds is needed to  repair damage caused by natural disasters endemic to the tropical regions concerned, notably  hurricanes, where such repair is not covered by emergency aid. TITLE IVRegional cooperation13.1. In order to make possible better regional cooperation, consultations shall be encouraged between  the different States, the overseas countries and territories and the French overseas departments in  the geographical areas concerned, in conjunction with the authorities of the relevant Member States  in the case of the French overseas departments and the overseas countries and territories. (;) See page 46 of this Official Journal. 13.2. Regional trade cooperation could take the form of regional trade agreements, in accordance with the  provisions of the Treaty. Moreover, common commercial promotion measures by the French overseas departments, the overseas  countries and territories and neighbouring ACP States could be financed, in accordance with the  methods indicated in paragraph 3, in a way that is coordinated and complies with the respective  rules and responsibilities of each Fund. 13.3. Within the framework of its management powers with regard to the Structural Funds, and in  accordance with the eligibility rules of the said Funds, the Commission shall ensure that the  French overseas departments receive assistance from the Structural Funds in the context of regional  projects or programmes common to French overseas departments, overseas countries and territories  and ACP States in the same geographical region, provided and to the extent that: - these joint regional projects or programmes are those defined, as regards their aims, scope and  procedural rules, in Articles 101 to 113 of the Third Lomé Convention, in Articles 54 to 66 of  Decision 86/283/EEC and, once they enter into force, in the corresponding provisions of the Fourth  Lomé Convention and in the Decision that will succeed that Decision, - the procedural rules for financing these projects or programmes are those specific to each of the  Community Funds concerned. The Commission shall ensure coordination of the financing timetable and also of the subsequent  implementation of the projects or programmes. TITLE VFinal provision14. The Commission shall submit to the Council an annual progress report on the implementation of the  Poseidom programme.


title: 2011/584/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the budget of the European Medicines Agency for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/173

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the budget of the European Medicines Agency for the financial year 2009
   (2011/584/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Medicines Agency for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the European Medicines Agency for the financial year 2009, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),
   having regard to Article 276 of the EC Treaty and 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 (EC) No 726/2004 of the European Parliament and of the Council (3) establishing a European Medicines Agency, 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 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0153/2011),

               1.

               Postpones its decision on granting the Executive Director of the European Medicines Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2009;

               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).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 28.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 136, 30.4.2004, p. 1.

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

               27.9.2011

               EN

               Official Journal of the European Union

               L 250/174

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Medicines Agency for the financial year 2009
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Medicines Agency (EMEA) for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the European Medicines Agency for the financial year 2009, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),
   having regard to Article 276 of the EC Treaty and 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 (EC) No 726/2004 of the European Parliament and of the Council (3) establishing a European Medicines Agency, 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 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,
   having regard to the Internal Audit Service’s Annual Internal Audit Report on the European Medicines Agency for 2009,
   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 and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0153/2011),

               A.

               whereas the Court of Auditors, in its report on the annual accounts of the European Medicines Agency for the financial year 2009, qualified its opinion on the legality and regularity of the underlying transactions,

               B.

               whereas on 5 May 2010 Parliament granted the Executive Director of the Agency discharge for implementation of the Agency’s budget for the financial year 2008 (5), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           was concerned by the Court of Auditors’ findings that the budget appropriations carried over and cancelled have amounted to EUR 36 000 000 (19,7 % of the budget) and EUR 9 700 000 (5,3 % of the budget) respectively,

                           —

                           called on the Agency to improve the quality of its procurement procedures in order to put an end to the shortcomings identified by the Court of Auditors (for instance, as regards the application of evaluation methods for the price criteria and as regards the essential need for justifications for the choice of procedures),

               C.

               whereas the budget of the Agency for 2009 was EUR 194 000 000, which is an increase of 6,28 % on the financial year 2008,

               D.

               whereas the Agency’s budget is financed both from the Union budget, which accounted for 18,52 % of total revenue in 2009, and, to a greater extent, from fees paid by pharmaceutical companies, and whereas the Union’s general contribution consequently decreased by 9,2 % between 2008 and 2009,

      General considerations

               1.

               Is seriously concerned with the Agency’s replies to significant issues raised by the Court of Auditors and the Internal Audit Service (IAS), such as:

                           (i)

                           the management of procurement procedures;

                           (ii)

                           the lack of respect to implementing procedures regarding the identification and management of conflicts of interest for its staff and experts;

                           (iii)

                           the criteria used for recruiting staff;

               2.

               Considers, in particular, that the abovementioned aspects could lead to the possibility of:

                           (i)

                           persistent errors in the management of procurement procedures, such as the ones found in 2009 corresponding to a significant amount of the Agency’s total budget, which could compromise the legality and regularity of the transactions underlying the Agency’s accounts;

                           (ii)

                           potential risks to the independence of experts/staff involved in the evaluation of medicinal products;

                           (iii)

                           potential deficiencies in staff/experts’ recruitment which could not only lead to disqualification of competent candidates and/or recruitment of less qualified candidates but also might have negative effects on the quality of the Agency’s scientific assessment work;

      Budgetary and financial management

      Procurement procedures

               3.

               Is concerned at the Court of Auditors’ findings of errors in the procurement procedures corresponding to a significant amount of the Agency’s total budget for the financial year of 2009; stresses that in 2008 the Court of Auditors already identified shortcomings in this matter and, in particular, in the application of evaluation methods for the price criteria and in the justification for the choice of procedures;

               4.

               Acknowledges, in particular, that in a number of procedures for the procurement of large IT framework contracts of an estimated value of EUR 30 000 000 the Agency made several errors in 2009 at the moment of opening the procedure such as:

                           (i)

                           arithmetical errors in the evaluation of the award criteria;

                           (ii)

                           inappropriate documentation of the evaluation by a member of the evaluation committee;

                           (iii)

                           a lack of evidence that the evaluation method of the selection criteria had been applied consistently which was thus open to interpretation;

                           (iv)

                           a lack of checks to mitigate the risk of errors when opening a negotiated procedure which, in turn, did not guarantee that best value for money was achieved as a result of errors in the implementation of the award criteria;

               5.

               Acknowledges, also, that in two other negotiated procurements of EUR 5 300 000 and EUR 4 000 000 with a single supplier, several errors were again made at the moment of opening the procedure such as:

                           (i)

                           no formal invitation to tender being issued;

                           (ii)

                           no detailed technical specifications being prepared in advance;

                           (iii)

                           technical specifications not clearly defining all the products to be purchased before the negotiation started;

                           (iv)

                           no evaluation committee being appointed;

                           (v)

                           no evaluation report being prepared;

               6.

               Takes note therefore, that the Agency failed to comply with various requirements of the relevant procurement regulations;

               7.

               Is not ready to accept that the Agency was not able to put in place a control system to avoid or detect in time the above persistent errors which undermine the legality and regularity of the transaction underlying the Agency’s accounts; accordingly, urges the Agency to improve the quality of its procurement procedures in order to put an end to the shortcomings identified by the Court of Auditors;

               8.

               Calls on the Agency to set up a multiannual procurement plan which shall ensure stronger technical and procedural controls and to report to the discharge authority on this matter by 30 June 2011;

               9.

               Calls on the Agency to ensure that the results of procurement procedures are verified before contracts are awarded; expects that detailed technical specifications shall always be prepared, in view of the Court of Auditors’ findings;

      Carry-over appropriations

               10.

               Is concerned that the Court of Auditors has reported a carry-over of EUR 19 500 000 (38 % of the Agency’s commitments) and that approximately EUR 14 800 000 of this carry-over was for activities as yet not implemented (or, in some cases, goods not received) at the year-end; stresses that this situation indicates delays in the implementation of activities financed from Title II (Buildings, equipment and miscellaneous operating expenditure activities) of the Agency’s budget and that the Agency is not in accordance with the budgetary principle of annuality; has assessed the answer by the Agency on the observations and welcomes the efforts to reduce carry-overs by the Agency; encourages the Agency to continue this process in order to apply fully the principle of annuality;

               11.

               Points out that the Court of Auditors had already reported a high level of carry-overs in previous financial years and is concerned that this situation is at odds with the annuality principle; notes, in particular, that the 2008 budget appropriations carried over and cancelled amounted to EUR 36 000 000 (19,7 % of the 2008 budget) and EUR 9 700 000 (5,3 % of the 2008 budget) respectively;

      Revenue from fees

               12.

               Calls on the Agency to ensure better coordination between its financial and scientific services in order to remedy the unacceptable, long delay for recovery orders; notes, in fact, that the Court of Auditors reported that two recovery orders (EUR 226 200 and EUR 110 200), out of 10 tested, had a very long delay (21 and 5 months respectively), in breach of the Agency’s internal rules;

               13.

               Emphasises that the Agency’s budget is financed both from the Union budget and fees paid by the pharmaceutical industry applying for or maintaining a Union marketing authorisation; notes, however, that the contribution from the Union budget represents only 18,7 % of the overall budget and has decreased over the years, for example, in 2005 the contribution represented 22,7 %; stresses that the overall budget available to the Agency was EUR 194 389 000;

      Foreign exchange contracts

               14.

               Expects the Agency to prudently manage its longstanding policy of entering into a forward foreign exchange contract in order to hedge part of its administrative budget against unfavourable fluctuations in the sterling exchange rate; expects the Agency to prudently manage such transactions to avoid exchange losses, such as those in 2009 of EUR 900 000; points out that this is a recurrent observation made by the Court of Auditors; requests the Agency to communicate its revised treasury policy to Parliament’s competent committee without delay; will monitor the revised treasury policy;

               15.

               Notes from the Agency that the treasury policy has been revised, adopted and formally approved by the Agency’s Audit Advisory Committee; calls on the Agency to provide Parliament with an overview of the implementation of the revised treasury policy before 30 June 2011;

      Performance

               16.

               Considers the assessment of the adequacy and effectiveness of the systems in place to support the provision of scientific advice for human medicines in the Agency as an important tool to measure the Agency’s performance; acknowledges that the IAS performed audits and found critical deficiencies in this respect;

      Management of conflicts of interest

               17.

               Finds it unacceptable that the Agency does not apply the relevant rules effectively, resulting in the fact that there is no guarantee that the evaluation of human medicines is performed by independent experts; points out that 12 ‘very important’ and one ‘critical’ recommendation from several earlier IAS Annual Audit Reports on the Agency, most of them concerning the independence of experts, were still not implemented in 2009, while the oldest recommendation dates back to 2005;

               18.

               Takes note of the employment of the Agency’s former Executive Director by a consultancy that advises, among others, pharmaceutical companies on developing new medication and reducing the period to their market introduction; stresses that this move casts some doubt on the actual independence of the Agency; notes that Article 16 of the Staff Regulations of Officials of the European Union (6) grants wide discretionary power on the Management Board to allow or forbid this type of employment; notes that after consenting to the future employment of the Agency’s former Executive Director, the Management Board eventually decided to set limitations with regards to his new and future professional activities; asks, nevertheless, that the Agency provides the discharge authority, by 30 June 2011, with a report that lists all comparable cases that have occurred since the creation of the Agency and explains thoroughly the Management Board’s decision in each case;

               19.

               Considers it unacceptable that the Agency is not complying effectively with its Code of Conduct by setting out principles and guidance on independence and confidentiality applicable to the Management Board and committees’ members, experts and Agency’s staff; expects the Agency to assess thoroughly, before the allocation of project team leaders to products, whether the interests declared by staff members might influence their impartiality and independence; urges, in addition, the Agency to document and assess its controls and file the relevant allocation decisions which must be made available on its website;

               20.

               Stresses that the Agency’s reputation could be affected in cases where evaluations can be challenged on the grounds of possible conflicts of interest;

               21.

               Urges the Agency to inform the discharge authority of the steps it has taken to ensure the independence of its experts since its inception;

               22.

               Wonders why the Court of Auditors’ reports since 2006 on the Agency’s annual accounts make no mention of any deficiencies with regard to the assessment of experts’ independence;

               23.

               Asks to be informed if and how the experts and staff dealing with any of the benfluorex group of drugs were screened on their independence and how their interests declared were verified;

      Procedures supporting the provision of scientific evaluation for human medicines

               24.

               Considers it unacceptable for the Agency to allow the information in its files on human medicines to be incomplete; urges, in this respect, the Agency to guarantee that key information is easily retrieved and all relevant guidelines on the filing system are in place;

               25.

               Asks the Agency, moreover, to complete and regularly update the European Experts Database as required by Regulation (EC) No 726/2004, and to keep the discharge authority informed; urges also the Agency to allow Siamed and product overview databases for efficient retrieval of information;

      Role of the Agency and national competent authorities

               26.

               Urges the Agency to inform the discharge authority of the terms of its agreement with Member States on the roles and transfer of tasks to national competent authorities when facing subjects such as the independence of committees, experts and the evaluation process, since the agreement came into effect, and of the level of its implementation, including a detailed record of how it has evolved over time; considers the Agency responsible for the implementation of pre-existing procedures on the identification and management of conflicts of interest for its experts until this agreement with Member States is fully implemented;

      Scientific advice

               27.

               Welcomes the efforts of the Agency to provide more scientific advice at the early stages of the development of new medicines as well as the introduction of measures to accelerate the assessment of medicines that are of critical importance to public health and to accelerate the development and implementation of telematics’ programmes;

      Human resources management

               28.

               Calls on the Agency to ensure that sensitive tasks are not assigned to interim staff; acknowledges, in fact, that the Agency hires interim staff (32 in 2009) on the condition that the candidates have passed the tests for contract agents and some of the interim staff perform sensitive tasks or have access to sensitive information; stresses the risks of potential security breaches linked to interim staff’s access to sensitive information or unawareness by interim staff of the procedure to follow;

               29.

               Calls on the Agency to strengthen its recruitment process and ensure its documentation is correctly managed; acknowledges, in fact, that the IAS found deficiencies in this respect; stresses, also, that insufficient documentation in recruitment procedures reduces the possibility for the Agency to respond to allegations of unequal treatment of candidates and/or arbitrary decisions on recruitment of staff; considers, furthermore, that to the extent that competition is limited, resulting recruitment may not represent the optimal choice and human and financial resources may be used inefficiently;

      Internal audit

               30.

               Considers it unacceptable that the Executive Director’s statement of assurance, dated 13 May 2010, does not mention any reservations, and is consequently inconsistent with the undertaking given in the Code of Conduct adopted by the Agency in the light of the statements of assurance from the IAS and the Court of Auditors;

               31.

               Points out that the Executive Director’s report is required to contain a summary of the reports from the IAS to the discharge authority, including:

                           (i)

                           the number and types of internal audits conducted by the IAS;

                           (ii)

                           all the recommendations made (including any that may have been rejected by the Agency); and

                           (iii)

                           all the measures taken on the basis of those recommendations;

                     wonders whether these requirements were fulfilled in previous years, and asks the Agency to forward the IAS reports since 2007 to the discharge authority by 30 June 2011;

               32.

               Notes the Agency’s initiative of providing the discharge authority with the IAS Annual Internal Audit Report on the Agency; considers that this should be the normal practice of transparency and expects that all other agencies will follow this practice;

               33.

               Acknowledges that, out of the 32 recommendations of the IAS, one is ‘critical’ on the implementing procedures involving experts and 12 are ‘very important’ mainly on human resources management, on management of staff’s conflicts of interest and on other procedures supporting the provision of scientific evaluation for human medicines in the Agency; calls, therefore, on the Agency to inform the discharge authority about the precise content of these recommendations without delay; urges the Agency to rapidly implement the IAS recommendations and to provide the discharge authority with a complete overview of measures taken and implemented to properly address these recommendations by 30 June 2011; asks, in addition, the Court of Auditors to monitor and inform the discharge authority of the efficiency of the measures taken;

      Actions to be taken by the Agency by 30 June 2011

               34.

               Urges the Agency’s Executive Director, in cooperation with the IAS, to undertake a thorough verification of the effective use of the existing procedures regarding the identification and management of conflicts of interest for its staff and experts and to communicate the results to the discharge authority by 30 June 2011;

               35.

               Expects the Governing Board swiftly to adopt an action plan to remedy the shortcomings in the procurement procedures; asks, in particular, the Agency’s Executive Director, in cooperation with the IAS and the parent directorate-general (DG), to draft this action plan which shall include specific measures and a timetable for implementation; expects the Agency to communicate these specific measures to the discharge authority by 30 June 2011;

               36.

               Calls on the Agency, therefore, to inform the discharge authority by 30 June 2011 of the measures taken and the improvements made in respect of all these areas of concern;

               37.

               Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2011 (7) on the performance, financial management and control of the agencies.

      (1)  OJ C 338, 14.12.2010, p. 28.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 136, 30.4.2004, p. 1.

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

      (5)  OJ L 252, 25.9.2010, p. 164.

      (6)  OJ L 56, 4.3.1968, p. 1.

      (7)  Texts adopted, P7_TA(2011)0163 (see page 269 of this Official Journal).


Avis juridique important

|

31995D0562

95/562/EC, Euratom: Council and Commission Decision of 4 December 1995 concluding the Additional 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

Official Journal L 317 , 30/12/1995 P. 0044 - 0044

COUNCIL AND COMMISSION DECISION of 4 December 1995 concluding the Additional 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 (95/562/EC, Euratom) THE COUNCIL OF THE EUROPEAN UNION,THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 238 thereof, in conjunction with Article 228 (2), second sentence, and (3), second subparagraph thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second subparagraph of Article 101 thereof,Having regard to the proposal from the Commission,Having regard to the assent of the European Parliament (1),Having regard to the approval given by the Council pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,Whereas, at its meeting in Copenhagen on 21 and 22 June 1993, the European Council called for further Community programmes to be opened up to the associated countries of central and eastern Europe, taking as a starting point programmes which are already open to EFTA countries;Whereas the Commission has negotiated, on behalf of the European Community and the European Atomic Energy Community, an Additional Protocol to the Europe Agreement with the Czech Republic,HAVE DECIDED AS FOLLOWS:Article 1 The Additional 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, signed on 24 August 1995 is hereby approved on behalf of the European Community and on behalf of the European Atomic Energy Community.The text of the Additional Protocol is attached to this Decision.Article 2 The position to be taken by the Community within the Association Council shall be decided by the Council, acting on a proposal from the Commission, in accordance with the relevant provisions of the Treaties establishing the European Community and the European Atomic Energy Community.Article 3 The President of the Council shall undertake the notification provided for in Article 4 of the Additional Protocol on behalf of the European Community (2). The President of the Commission shall undertake the same notification for the European Atomic Energy Community.Done at Brussels, 4 December 1995.For the CouncilThe PresidentJ. SOLANAFor the CommissionThe PresidentJ. SANTER(1) OJ No C 323, 4. 12. 1995.(2) The date of entry into force of the Additional Protocol will be published in the Official Journal of the European Communities by the General Secretariat of the Council.