title: 2012/453/EU: Council Decision of 10 July 2012 on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex XX (Environment) to the EEA Agreement

text:
               2.8.2012

               EN

               Official Journal of the European Union

               L 206/1

         COUNCIL DECISION
   of 10 July 2012
   on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex XX (Environment) to the EEA Agreement
   (2012/453/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1), in conjunction with 218(9) thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Commission Regulation (EC) No 976/2009 of 19 October 2009 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards the Network Services (2) should be incorporated into the Agreement on the European Economic Area (3) (‘the EEA Agreement’).

               (2)

               Commission Regulation (EU) No 268/2010 of 29 March 2010 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards the access to spatial data sets and services of the Member States by Community institutions and bodies under harmonised conditions (4) should be incorporated into the EEA Agreement.

               (3)

               Commission Regulation (EU) No 1088/2010 of 23 November 2010 amending Regulation (EC) No 976/2009 as regards download services and transformation services (5) should be incorporated into the EEA Agreement.

               (4)

               Commission Regulation (EU) No 1089/2010 of 23 November 2010 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards interoperability of spatial data sets and services (6) should be incorporated into the EEA Agreement.

               (5)

               Commission Regulation (EU) No 102/2011 of 4 February 2011 amending Regulation (EU) No 1089/2010 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards interoperability of spatial data sets and services (7) should be incorporated into the EEA Agreement.

               (6)

               Annex XX (Environment) to the EEA Agreement should therefore be amended accordingly.

               (7)

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

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

      Done at Brussels, 10 July 2012.

            For the Council

            The President

         V. SHIARLY

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

      (2)  OJ L 274, 20.10.2009, p. 9.

      (3)  OJ L 1, 3.1.1994, p. 3.

      (4)  OJ L 83, 30.3.2010, p. 8.

      (5)  OJ L 323, 8.12.2010, p. 1.

      (6)  OJ L 323, 8.12.2010, p. 11.

      (7)  OJ L 31, 5.2.2011, p. 13.

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

                  (1)

                  Annex XX to the Agreement was amended by Decision of the EEA Joint Committee No …/… of … (1).

                  (2)

                  Commission Regulation (EC) No 976/2009 of 19 October 2009 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards the Network Services (2) is to be incorporated into the Agreement.

                  (3)

                  Commission Regulation (EU) No 268/2010 of 29 March 2010 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards the access to spatial data sets and services of the Member States by Community institutions and bodies under harmonised conditions (3) is to be incorporated into the Agreement.

                  (4)

                  Commission Regulation (EU) No 1088/2010 of 23 November 2010 amending Regulation (EC) No 976/2009 as regards download services and transformation services (4) is to be incorporated into the Agreement.

                  (5)

                  Commission Regulation (EU) No 1089/2010 of 23 November 2010 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards interoperability of spatial data sets and services (5) is to be incorporated into the Agreement.

                  (6)

                  Commission Regulation (EU) No 102/2011 of 4 February 2011 amending Regulation (EU) No 1089/2010 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards interoperability of spatial data sets and services (6) is to be incorporated into the Agreement,

            HAS ADOPTED THIS DECISION:
      Article 1
      Annex XX to the Agreement shall be amended as follows:

                  (1)

                  the text of adaptations (a) and (b) of point 1j (Directive 2007/2/EC of the European Parliament and of the Council) shall be replaced by the following:

                              ‘(a)

                              With regard to the EFTA States, the time limits set in Articles 6(a), 6(b) and 7(3) shall be understood to include an additional period of three years.

                              (b)

                              With regard to the EFTA States, the dates mentioned in Articles 21(2), 21(3) and 24(1) shall be understood to include an additional period of three years.’;

                  (2)

                  the following adaptation shall be added in point 1jb (Commission Decision 2009/442/EC):
                  ‘The provisions of the Decision shall, for the purposes of this Agreement, be read with the following adaptations:

                              (a)

                              With regard to the EFTA States, the year mentioned in Article 11(2) second subparagraph shall be the same as the year mentioned in Article 18, as adapted for the EFTA States.

                              (b)

                              With regard to the EFTA States, the date mentioned in Article 18 shall be understood to include an additional period of three years.’;

                  (3)

                  the following shall be inserted after point 1jb (Commission Decision 2009/442/EC):

                              ‘1jc.

                                 32009 R 0976: Commission Regulation (EC) No 976/2009 of 19 October 2009 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards the Network Services (OJ L 274, 20.10.2009, p. 9), as amended by:

                                          —

                                             32010 R 1088: Commission Regulation (EU) No 1088/2010 of 23 November 2010 (OJ L 323, 8.12.2010, p. 1).

                                    The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptation:
                              With regard to the EFTA States, the dates mentioned in Article 4 shall be understood to include an additional period of three years.

                              1jd.

                                 32010 R 0268: Commission Regulation (EU) No 268/2010 of 29 March 2010 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards the access to spatial data sets and services of the Member States by Community institutions and bodies under harmonised conditions (OJ L 83, 30.3.2010, p. 8).
                              The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptation:
                              With regard to the EFTA States, the time limits set in Article 8 shall be understood to include an additional period of three years.

                              1je.

                                 32010 R 1089: Commission Regulation (EU) No 1089/2010 of 23 November 2010 implementing Directive 2007/2/EC of the European Parliament and of the Council as regards interoperability of spatial data sets and services (OJ L 323, 8.12.2010, p. 11), as amended by:

                                          —

                                             32011 R 0102: Commission Regulation (EU) No 102/2011 of 4 February 2011 (OJ L 31, 5.2.2011, p. 13).’.

            Article 2
      The texts of Commission Regulations (EC) No 976/2009, (EU) No 268/2010, (EU) No 1088/2010, (EU) No 1089/2010 and (EU) No 102/2011, in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
      Article 3
      This Decision shall enter into force on …, provided that all the notifications under Article 103(1) of the Agreement have been made to the EEA Joint Committee (7).
      Article 4
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at Brussels, …

               For the EEA Joint Committee

               The President

               The Secretaries to the EEA Joint Committee

         (1)  OJ L …

         (2)  OJ L 274, 20.10.2009, p. 9.

         (3)  OJ L 83, 30.3.2010, p. 8.

         (4)  OJ L 323, 8.12.2010, p. 1.

         (5)  OJ L 323, 8.12.2010, p. 11.

         (6)  OJ L 31, 5.2.2011, p. 13.

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


title: Commission Decision (EU) 2017/388 of 6 March 2017 confirming the participation of the United Kingdom of Great Britain and Northern Ireland in Regulation (EU) 2016/794 of the European Parliament and of the Council on the European Union Agency for Law Enforcement Cooperation (Europol)

text:
               7.3.2017

               EN

               Official Journal of the European Union

               L 59/39

         COMMISSION DECISION (EU) 2017/388
   of 6 March 2017
   confirming the participation of the United Kingdom of Great Britain and Northern Ireland in Regulation (EU) 2016/794 of the European Parliament and of the Council on the European Union Agency for Law Enforcement Cooperation (Europol)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Protocol No 21 on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice, and in particular Article 4 thereof,
   Whereas:

               (1)

               By letter to the President of the Council of 16 December 2016, the United Kingdom notified its wish to accept Regulation (EU) 2016/794 of the European Parliament and of the Council (1).

               (2)

               The United Kingdom already participates in Europol as established by Council Decision 2009/371/JHA (2). There are no specific conditions attached to the participation of the United Kingdom in Regulation (EU) 2016/794 and no need for transitional measures.

               (3)

               The participation of the United Kingdom in Regulation (EU) 2016/794 should therefore be confirmed.

               (4)

               In order to allow the United Kingdom to continue participating in Europol as from 1 May 2017 when Regulation (EU) 2016/794 starts to apply, this Decision should enter into force on the day following that of its publication,

         HAS ADOPTED THIS DECISION:
   Article 1
   The participation of the United Kingdom of Great Britain and Northern Ireland in Regulation (EU) 2016/794 is confirmed.
   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 6 March 2017.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  Regulation (EU) 2016/794 of the European Parliament and of the Council of 11 May 2016 on the European Union Agency for Law Enforcement Cooperation (Europol) and replacing and repealing Council Decisions 2009/371/JHA, 2009/934/JHA, 2009/935/JHA, 2009/936/JHA and 2009/968/JHA (OJ L 135, 24.5.2016, p. 53).

      (2)  Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (OJ L 121, 15.5.2009, p. 37).


Avis juridique important

|

31988D0106

88/106/EEC: Council Decision of 18 December 1987 on the signing and conclusion of the International Sugar Agreement, 1987

Official Journal L 058 , 03/03/1988 P. 0001

COUNCIL DECISION of 18 December 1987 on the signing and conclusion of the International Sugar Agreement, 1987 (88/106/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  HAS DECIDED AS FOLLOWS:    Article 1 The International Sugar Agreement, 1987, 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 is hereby authorized to designate the person empowered to sign the agreement referred to in Article 1 for the purposes of binding the Community.  Article 3 This Decision shall be published in the Official Journal of the European Communities.   Done at Brussels, 18 December 1987.  For the Council The President N. WILHJELM POR:L333UMBE00.96 FF: 3UEN;   SETUP: 01;   Hoehe: 375 mm;   32 Zeilen;   1008 Zeichen;  Bediener: FJJ0   Pr.: C;  Kunde: L 333 EN 00 - 40912


title: 2012/596/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Police Office for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/276

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Police Office for the financial year 2010
   (2012/596/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Police Office for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Police Office for the financial year 2010, together with the Office’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 — C7-0051/2012),

               —

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

               —

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

               —

               having regard to Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (3), and in particular Article 43 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 Civil Liberties, Justice and Home Affairs (A7-0111/2012),

               1.

               Grants the Director of the European Police Office discharge in respect of the implementation of the Office’s budget for the financial year 2010;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 179.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 121, 15.5.2009, p. 37.

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

               17.10.2012

               EN

               Official Journal of the European Union

               L 286/277

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

               —

               having regard to the final annual accounts of the European Police Office for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Police Office for the financial year 2010, together with the Office’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 — C7-0051/2012),

               —

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

               —

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

               —

               having regard to Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (3), and in particular Article 43 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 Civil Liberties, Justice and Home Affairs (A7-0111/2012),

               A.

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

               B.

               whereas the overall budget of the Office for the year 2010 was EUR 92 800 000, whereas the contribution of the Union to the budget of the Office for 2010 was EUR 79 724 150 (5),

      Budget and financial management

               1.

               Deplores the high level of appropriations carried forward matched by the low level of accrued expenditure; takes note of the Office’s reply that a significant amount of the carry-over was due to the Office’s move to its new headquarters; welcomes the additional measures taken by the Office and the commitment to monitor the implementation of the budget on a monthly basis in 2012, with a particular focus on carry-forwards.

               2.

               Acknowledges from its Annual Activity Report (AAR) that the Office’s initial budget for 2010 was EUR 80 100 000; notes that the budget was amended by almost EUR 12 700 000 which came from appropriations carried over from 2009 to 2010 integrated into the 2010 budget, grants from the Commission and some additional revenue; takes note of observations from the Office that the reason for amending the initial budget was to facilitate its transition to becoming an agency;

               3.

               Establishes from its AAR that the Office’s overall implementation rates for the end of 2010 were 98,3 % for commitments and 73,6 % for payments;

               4.

               Welcomes that, following the request of the discharge authority, the final accounts for the financial year 2010 have been made publicly available on the Office’s website on 17 February 2012; underlines nevertheless that the final accounts for the financial year 2010 should have been made public immediately after their adoption on 13 September 2011; calls therefore on the Office to do so in the future in order to promote its transparency;

      Carry-over appropriations

               5.

               Calls on the Office to take immediate action to reduce the high amount of carry-overs; notes that the Court of Auditors stated that there were carry-overs of EUR 22 600 000 representing 25 % of the 2010 budget; notes also with disappointment that the carry-forward rate was 49 % in Title II — Administrative expenditure and 59 % in Title III — Operational expenditure;

               6.

               Notes that the breakdown of the carry-forward (EUR 22 600 000) is as follows:

                           —

                           EUR 11 300 000 for expenditure relating to the new Europol headquarters,

                           —

                           EUR 1 800 000 relates to Chapter 26 (Article 58(4) Europol Council Decision — ECD: liabilities concerning the previous legal framework of Europol),

                           —

                           EUR 9 500 000 for other expenditure;

               7.

               Considers that the high level of appropriations carried forward, matched by the low level of accrued expenditure (EUR 2 900 000), is excessive and at odds with the budgetary principle of annuality;

               8.

               Notes, nevertheless, that the significant amount of the carry-over was due to the unique circumstance of the Office’s move to its new headquarters in 2011, given the delay in the delivery of the building in 2010;

      Human Resources

               9.

               Observes from the Office’s AAR that the vacancy rate at the end of the year was 4,5 % instead of the estimated 2,5 %;

               10.

               Calls on the Office to adopt the Implementing Rules to the Staff Regulations (and related internal instruments) and prepare a learning and development framework;

      Performance

               11.

               Welcomes the fact that the Office’s Annual Work Programme (AWP) is aligned with its Strategy 2010-2014 and contains key performance indicators, critical risks and resources assigned to each annual objective;

               12.

               Calls nevertheless on the Office to include in its AWP information on the overview of planned procurement activities to serve as a ‘financing decision’, required by the implementing provisions of the Framework Financial Regulation;

               13.

               Calls also on the Office to finalise the translation of its organisational mission statement into concise descriptions of roles and objectives for the departments and units;

               14.

               Notes in the Office’s AAR that the SIENA 2.0 information platform connecting law enforcement authorities was successfully deployed on 22 October 2010 and that by the end of 2010, 21 Member States were connected to SIENA and 8 Member States national asset recovery offices were also linked to it;

               15.

               Notes, in addition, in the Office’s AAR that as of 31 December 2010, on the basis of the assessment of the AWP 2010, very good progress had been made on 14 (82 %) of the AWP objectives and good progress was made on the remaining three objectives (18 %);

               16.

               Notes also that the Office’s Strategy 2010-2014 and the Strategy Implementation Plan were adopted by the Board of Management in 2010;

               17.

               Recommends that the Office, in the interest of fostering transparency, provides a list of the members of its Management Board which should include their name, declaration of interest and curriculum vitae with their work and educational background; notes with satisfaction that the Office’s procurement activities and list of contractors concluded for 2010 has been published on the Office’s website;

      Internal audit

               18.

               Acknowledges that the Internal Audit Service (IAS) performed an audit on the implementation of internal control standards in order to assess the status of their implementation, notably in respect of the areas of mission and values, human resources, planning and risk management process, operations and controls activities, information and financing reporting, and evaluation and audit;

               19.

               Notes that the IAS issued five ‘very important’ recommendations related to:

                           —

                           the segregation of duties,

                           —

                           ex-post controls,

                           —

                           the exceptions to processes,

                           —

                           the business continuity plans,

                           —

                           the continuity of operations;

                     calls on the Office to implement all the recommendations of the IAS and to inform the discharge authority on the actions taken;

               20.

               Considering the complementarities between the European Police College and European Police Office, as well as the potential synergies, calls on the Commission to prepare a comprehensive impact assessment regarding a potential merger of these two agencies setting out the cost and benefits by March 2013;

               21.

               Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2012 (6) on the performance, financial management and control of the agencies.

      (1)  OJ C 366, 15.12.2011, p. 179.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 121, 15.5.2009, p. 37.

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

      (5)  OJ L 64, 12.3.2010, p. 1046.

      (6)  Texts adopted, P7_TA(2012)0164 (see page 388 of this Official Journal).


Avis juridique important

|

31995D1018(01)

Council Decision of 6 October 1995 appointing the Austrian, Finnish and Swedish members of the Advisory Committee on Medical Training

Official Journal C 272 , 18/10/1995 P. 0001 - 0002

COUNCIL DECISION of 6 October 1995 appointing the Austrian, Finnish and Swedish members of the Advisory Committee on Medical Training (95/C 272/01)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to the 1994 Act of Accession, and in particular Article 165 (1) thereof,Having regard to Council Decision 75/364/EEC of 16 June 1975 setting up an Advisory Committee on Medical Training (1), and in particular Articles 3 and 4 thereof,Having regard to the candidates submitted to the Council by the Austrian, Finnish and Swedish Governments,Whereas, by its Decision of 25 July 1994 (2), the Council appointed the members and alternate members of the Advisory Committee on Medical Training for the period up to 24 July 1997;Whereas it is necessary to appoint the Austrian, Finnish and Swedish members and alternates for the same period,HAS DECIDED AS FOLLOWS:Sole Article The following are hereby appointed members and alternate members of the Advisory Committee on Medical Training for the period ending on 24 July 1997:>TABLE>>TABLE>>TABLE>Done at Luxembourg, 6 October 1995.For the CouncilThe PresidentJ. BORRELL FONTELLES(1) OJ No L 167, 30. 6. 1975, p. 17.(2) OJ No C 221, 9. 8. 1994, p. 1.


Avis juridique important

|

32001D0509

2001/509/EC: Council Decision of 26 June 2001 on the accession of the European Community to Regulation 108 of the United Nations Economic Commission for Europe concerning the approval for the production of retreaded pneumatic tyres for motor vehicles and their trailers

Official Journal L 183 , 06/07/2001 P. 0037 - 0037

Council Decisionof 26 June 2001on the accession of the European Community to Regulation 108 of the United Nations Economic Commission for Europe concerning the approval for the production of retreaded pneumatic tyres for motor vehicles and their trailers(2001/509/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions(1) ("Revised 1958 Agreement"), and in particular Article 3(3) and the second indent of Article 4(2) thereof,Having regard to the proposal by the Commission(2),Having regard to the assent of the European Parliament(3),Whereas:(1) The aim of the uniform provisions of Regulation 108 of the United Nations Economic Commission for Europe concerning the approval for the production of retreaded pneumatic tyres for motor vehicles and their trailers is to abolish the technical barriers to trade in motor vehicles between the Contracting Parties with regard to retreaded pneumatic tyres while ensuring a high level of safety and environmental protection.(2) Regulation 108 has been notified to the Contracting Parties and entered into force in respect of all the Contracting Parties who did not serve notice of their disagreement by the date or dates specified in the Regulation annexed to the Revised Agreement of 1958.(3) In order to enable the economic operators to take appropriate measures to comply in good time with the provisions of Regulation 108 so as not to disrupt the market in retreaded pneumatic tyres, in particular by dates of entry into force that could differ from one Member State to another, the uniform application of this Regulation throughout the Community will be regulated later through a Community Directive. However, Regulation 108 will not be integrated in the system for type-approval of motor vehicles and their trailers,HAS DECIDED AS FOLLOWS:Sole ArticleThe European Community shall accede to Regulation 108 of the United Nations Economic Commission for Europe concerning the approval for the production of retreaded pneumatic tyres for motor vehicles and their trailers.The text of the Regulation is attached to this Decision(4).Done at Luxembourg, 26 June 2001.For the CouncilThe PresidentT. Östros(1) OJ L 346, 17.12.1997, p. 78.(2) OJ C 177, 22.6.2000, p. 47.(3) Assent given on 15 May 2001 (not yet published in the Official Journal).(4) This Regulation shall be published in a future Official Journal.


Important legal notice

|

52007DP0194

European Parliament decision of 22 May 2007 on the conclusion of the Joint Declaration on practical arrangements for the codecision procedure (2005/2125(ACI))

Official Journal 102 E , 24/04/2008 P. 0111 - 0112

		P6_TA(2007)0194Joint Declaration on practical arrangements for the codecision procedureEuropean Parliament decision of 22 May 2007 on the conclusion of the Joint Declaration on practical arrangements for the codecision procedure (2005/2125(ACI))The European Parliament,- having regard to Article 251 of the Treaty establishing the European Community,- having regard to its resolution of 5 May 1999 on the Joint Declaration on the practical arrangements for the new codecision procedure [1],- having regard to the decision of the Conference of Presidents of 8 March 2007,- having regard to the draft revised Joint Declaration on practical arrangements for the codecision procedure (hereinafter referred to as "the revised Declaration"),- having regard to Rule 120(1) of its Rules of Procedure and to point XVIII(4) of Annex VI of its Rules of Procedure,- having regard to the report of the Committee on Constitutional Affairs (A6-0142/2007),A. whereas the continual extension of the scope of application of the codecision procedure increases its importance in the EU law-making process and leads to a change in the nature of interinstitutional relations between Parliament, the Council and the Commission,B. whereas Parliament, the Council and the Commission have attempted to make EU law-making more transparent, coordinated, efficient and democratic,C. whereas, whilst the Joint Declaration on practical arrangements of the codecision procedure of 1999 has proven its worth, some practical developments in its application over time have shown the need for it to be amended,D. whereas the successive enlargements of the European Union have created challenges affecting both the streamlining of procedures and the optimisation of resources,E. whereas the revised Declaration meets those expectations and allows future interinstitutional cooperation to develop in a constructive and flexible way,F. whereas interinstitutional agreements and framework agreements have significant consequences, and whereas it is therefore essential, in order to facilitate access to them, and to ensure transparency, to bring together all existing agreements and to publish them as an annex to Parliament's Rules of Procedure;1. Reconfirms its commitment to the principles of transparency, accountability and efficiency, and the need to focus on the simplification of the EU law-making process while respecting the legal order of the European Union;2. Welcomes the revised Declaration, which improves both the structure and the content of the 1999 Declaration by adding a number of important provisions which bring the document into line with existing best practices and which aims to strengthen cooperation between the three institutions, with a view to improving the efficiency and quality of EU legislation;3. Expresses the wish that Parliament adopt a method of harmonising parliamentary committee practices at trilogues by laying down a number of rules concerning the composition of parliamentary delegations and confidentiality obligations in relation to their proceedings;4. Welcomes, in particular, the following improvements contained in the revised Declaration:(a) the new provisions concerning the attendance at parliamentary committee meetings by representatives of the Council Presidency and concerning requests for information on the Council's position, which, together, constitute a step towards the objective of improving dialogue between the two legislative branches;(b) recognition of the practice of finalising agreements reached during informal negotiations between the institutions through an exchange of letters;(c) confirmation of the principle that, in relation to legal-linguistic revision, Parliament's and the Council's services are to cooperate on an equal footing;(d) the agreement to organise, as far as possible, the signing of important adopted texts at a joint ceremony in the presence of the media, as well as joint press releases and conferences to announce the successful outcome of the work involved;5. Is convinced that the revised Declaration will further increase the transparency and public accountability of legislative work undertaken pursuant to the codecision procedure;6. Approves the revised Declaration annexed to this decision and decides to annex the revised Declaration to its Rules of Procedure; calls for the revised Declaration to be published in the Official Journal of the European Union;7. Instructs its President to forward this decision and its annex to the Council and the Commission.[1] OJ C 279, 1.10.1999, p. 229.--------------------------------------------------ANNEXEUROPEAN PARLIAMENT — COUNCIL — COMMISSION — JOINT DECLARATION ON PRACTICAL ARRANGEMENTS FOR THE CODECISION PROCEDURE (ARTICLE 251 OF THE EC TREATY)GENERAL PRINCIPLES1. The European Parliament, the Council and the Commission, hereinafter referred to collectively as "the institutions", note that current practice involving talks between the Council Presidency, the Commission and the chairs of the relevant committees and/or rapporteurs of the European Parliament and between the cochairs of the Conciliation Committee has proved its worth.2. The institutions confirm that this practice, which has developed at all stages of the codecision procedure, must continue to be encouraged. The institutions undertake to examine their working methods with a view to making even more effective use of the full scope of the codecision procedure as established by the EC Treaty.3. This Joint Declaration clarifies these working methods, and the practical arrangements for pursuing them. It complements the Interinstitutional Agreement on Better Lawmaking [1] and notably its provisions relating to the co-decision procedure. The institutions undertake fully to respect such commitments in line with the principles of transparency, accountability and efficiency. In this respect, the institutions should pay particular attention to making progress on simplification proposals while respecting the acquis communautaire.4. The institutions shall cooperate in good faith throughout the procedure with a view to reconciling their positions as far as possible and thereby clearing the way, where appropriate, for the adoption of the act concerned at an early stage of the procedure.5. With that aim in view, they shall cooperate through appropriate interinstitutional contacts to monitor the progress of the work and analyse the degree of convergence at all stages of the codecision procedure.6. The institutions, in accordance with their internal rules of procedure, undertake to exchange information regularly on the progress of codecision files. They shall ensure that their respective calendars of work are coordinated as far as possible in order to enable proceedings to be conducted in a coherent and convergent fashion. They will therefore seek to establish an indicative timetable for the various stages leading to the final adoption of different legislative proposals, while fully respecting the political nature of the decision making process.7. Cooperation between the institutions in the context of codecision often takes the form of tripartite meetings ("trilogues"). This trilogue system has demonstrated its vitality and flexibility in increasing significantly the possibilities for agreement at first and second reading stages, as well as contributing to the preparation of the work of the Conciliation Committee.8. Such trilogues are usually conducted in an informal framework. They may be held at all stages of the procedure and at different levels of representation, depending on the nature of the expected discussion. Each institution, in accordance with its own rules of procedure, will designate its participants for each meeting, define its mandate for the negotiations and inform the other institutions of arrangements for the meetings in good time.9. As far as possible, any draft compromise texts submitted for discussion at a forthcoming meeting shall be circulated in advance to all participants. In order to enhance transparency, trilogues taking place within the European Parliament and Council shall be announced, where practicable.10. The Council Presidency will endeavour to attend the meetings of the parliamentary committees. It will carefully consider any request it receives to provide information related to the Council position, as appropriate.FIRST READING11. The institutions shall cooperate in good faith with a view to reconciling their positions as far as possible so that, wherever possible, acts can be adopted at first reading.Agreement at the stage of first reading in the European Parliament12. Appropriate contacts shall be established to facilitate the conduct of proceedings at first reading.13. The Commission shall facilitate such contacts and shall exercise its right of initiative in a constructive manner with a view to reconciling the positions of the European Parliament and the Council, with due regard for the balance between the institutions and the role conferred on it by the Treaty.14. Where an agreement is reached through informal negotiations in trilogues, the chair of Coreper shall forward, in a letter to the chair of the relevant parliamentary committee, details of the substance of the agreement, in the form of amendments to the Commission proposal. That letter shall indicate the Council's willingness to accept that outcome, subject to legal-linguistic verification, should it be confirmed by the vote in plenary. A copy of that letter shall be forwarded to the Commission.15. In this context, where conclusion of a dossier at first reading is imminent, information on the intention to conclude an agreement should be made readily available as early as possible.Agreement at the stage of Council common position16. Where no agreement is reached at the European Parliament's first reading, contacts may be continued with a view to concluding an agreement at the common position stage.17. The Commission shall facilitate such contacts and shall exercise its right of initiative in a constructive manner with a view to reconciling the positions of the European Parliament and the Council, with due regard for the balance between the institutions and the role conferred on it by the Treaty.18. Where an agreement is reached at this stage, the chair of the relevant parliamentary committee shall indicate, in a letter to the chair of Coreper, his recommendation to the plenary to accept the Council common position without amendment, subject to confirmation of the common position by the Council and to legal-linguistic verification. A copy of the letter shall be forwarded to the Commission.SECOND READING19. In its statement of reasons, the Council shall explain as clearly as possible the reasons that led it to adopt its common position. During its second reading, the European Parliament shall take the greatest possible account of those reasons and of the Commission's position.20. Before transmitting the common position, the Council shall endeavour to consider in consultation with the European Parliament and the Commission the date for its transmission in order to ensure the maximum efficiency of the legislative procedure at second reading.Agreement at the stage of second reading in the European Parliament21. Appropriate contacts will continue as soon as the Council common position is forwarded to the European Parliament, with a view to achieving a better understanding of the respective positions and thus to bringing the legislative procedure to a conclusion as quickly as possible.22. The Commission shall facilitate such contacts and give its opinion with a view to reconciling the positions of the European Parliament and the Council, with due regard for the balance between the institutions and the role conferred on it by the Treaty.23. Where an agreement is reached through informal negotiations in trilogues, the chair of Coreper shall forward, in a letter to the chair of the relevant parliamentary committee, details of the substance of the agreement, in the form of amendments to the Council common position. That letter shall indicate the Council's willingness to accept that outcome, subject to legal-linguistic verification, should it be confirmed by the vote in plenary. A copy of that letter shall be forwarded to the Commission.CONCILIATION24. If it becomes clear that the Council will not be in a position to accept all the amendments of the European Parliament at second reading and when the Council is ready to present its position, a first trilogue will be organised. Each institution, in accordance with its own rules of procedure, will designate its participants for each meeting and define its mandate for the negotiations. The Commission will indicate to both delegations at the earliest possible stage its intentions with regard to its opinion on the European Parliament's second reading amendments.25. Trilogues shall take place throughout the conciliation procedure with the aim of resolving outstanding issues and preparing the ground for an agreement to be reached in the Conciliation Committee. The results of the trilogues shall be discussed and possibly approved at the meetings of the respective institutions.26. The Conciliation Committee shall be convened by the President of the Council, with the agreement of the President of the European Parliament and with due regard to the provisions of the Treaty.27. The Commission shall take part in the conciliation proceedings and shall take all the necessary initiatives with a view to reconciling the positions of the European Parliament and the Council. Such initiatives may include, draft compromise texts having regard to the positions of the European Parliament and of the Council and with due regard for the role conferred upon the Commission by the Treaty.28. The Conciliation Committee shall be chaired jointly by the President of the European Parliament and the President of the Council. Committee meetings shall be chaired alternately by each co-chair.29. The dates and the agendas for the Conciliation Committee's meetings shall be set jointly by the cochairs with a view to the effective functioning of the Conciliation Committee throughout the conciliation procedure. The Commission shall be consulted on the dates envisaged. The European Parliament and the Council shall set aside, for guidance, appropriate dates for conciliation proceedings and shall notify the Commission thereof.30. The co-chairs may put several dossiers on the agenda of any one meeting of the Conciliation Committee. As well as the principal topic ("B-item"), where agreement has not yet been reached, conciliation procedures on other topics may be opened and/or closed without discussion on these items ("A-item").31. While respecting the Treaty provisions regarding time-limits, the European Parliament and the Council shall, as far as possible, take account of scheduling requirements, in particular those resulting from breaks in the institutions' activities and from the European Parliament's elections. At all events, the break in activities shall be as short as possible.32. The Conciliation Committee shall meet alternately at the premises of the European Parliament and the Council, with a view to an equal sharing of facilities, including interpretation facilities.33. The Conciliation Committee shall have available to it the Commission proposal, the Council common position and the Commission's opinion thereon, the amendments proposed by the European Parliament and the Commission's opinion thereon, and a joint working document by the European Parliament and Council delegations. This working document should enable users to identify the issues at stake easily and to refer to them efficiently. The Commission shall, as a general rule, submit its opinion within three weeks of official receipt of the outcome of the European Parliament's vote and at the latest by the commencement of conciliation proceedings.34. The co-chairs may submit texts for the Conciliation Committee's approval.35. Agreement on a joint text shall be established at a meeting of the Conciliation Committee or, subsequently, by an exchange of letters between the co-chairs. Copies of such letters shall be forwarded to the Commission.36. If the Conciliation Committee reaches agreement on a joint text, the text shall, after legal-linguistic finalisation, be submitted to the co-chairs for formal approval. However, in exceptional cases in order to respect the deadlines, a draft joint text may be submitted to the co-chairs for approval.37. The co-chairs shall forward the approved joint text to the Presidents of the European Parliament and of the Council by means of a jointly signed letter. Where the Conciliation Committee is unable to agree on a joint text, the co-chairs shall notify the Presidents of the European Parliament and of the Council thereof in a jointly signed letter. Such letters shall serve as an official record. Copies of such letters shall be forwarded to the Commission for information. The working documents used during the conciliation procedure will be accessible in the Register of each institution once the procedure has been concluded.38. The Secretariat of the European Parliament and the General- Secretariat of the Council shall act jointly as the Conciliation Committee's secretariat, in association with the Secretariat-General of the Commission.GENERAL PROVISIONS39. Should the European Parliament or the Council deem it essential to extend the time-limits referred to in Article 251 of the Treaty, they shall notify the President of the other institution and the Commission accordingly.40. Where an agreement is reached at first or second reading, or during conciliation, the agreed text shall be finalised by the legal-linguistic services of the European Parliament and of the Council acting in close cooperation and by mutual agreement.41. No changes shall be made to any agreed texts without the explicit agreement, at the appropriate level, of both the European Parliament and the Council.42. Finalisation shall be carried out with due regard to the different procedures of the European Parliament and the Council, in particular with respect to deadlines for conclusion of internal procedures. The institutions undertake not to use the time-limits laid down for the legal-linguistic finalisation of acts to reopen discussions on substantive issues.43. The European Parliament and the Council shall agree on a common presentation of the texts prepared jointly by those institutions.44. As far as possible, the institutions undertake to use mutually acceptable standard clauses to be incorporated in the acts adopted under codecision in particular as regards provisions concerning the exercise of implementing powers (in accordance with the "comitology" decision [2]), entry into force, transposition and the application of acts and respect for the Commission's right of initiative.45. The institutions will endeavour to hold a joint press conference to announce the successful outcome of the legislative process at first or second reading or during conciliation. They will also endeavour to issue joint press releases.46. Following adoption of a legislative act under the codecision procedure by the European Parliament and the Council, the text shall be submitted, for signature, to the President of the European Parliament and the President of the Council and to the Secretaries-General of those institutions.47. The Presidents of the European Parliament and the Council shall receive the text for signature in their respective languages and shall, as far as possible, sign the text together at a joint ceremony to be organised on a monthly basis with a view to signing important acts in the presence of the media.48. The jointly signed text shall be forwarded for publication in the Official Journal of the European Union. Publication shall normally follow within two months of the adoption of the legislative act by the European Parliament and the Council.49. If one of the institutions identifies a clerical or obvious error in a text (or in one of the language versions thereof), it shall immediately notify the other institutions. If the error concerns an act that has not yet been adopted by either the European Parliament or the Council, the legal-linguistic services of the European Parliament and the Council shall prepare the necessary corrigendum in close cooperation. Where this error concerns an act that has already been adopted by one or both of those institutions, whether published or not, the European Parliament and the Council shall adopt, by common agreement, a corrigendum drawn up under their respective procedures.[1] OJ C 321, 31.12.2003, p. 1.[2] Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (OJ L 184, 17.7.1999, p. 23). Decision as amended by Decision 2006/512/EC (OJ L 200, 27.7.2006, p. 11).--------------------------------------------------


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94/391/EC: Council Decision of 27 June 1994 approving the Exchange of Letters between the European Community and the Republic of Bulgaria amending the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community, of the one part, and the Republic of Bulgaria, of the other part, and the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, both as amended by the Additional Protocol signed on 21 December 1993

Official Journal L 178 , 12/07/1994 P. 0069 - 0070 Finnish special edition: Chapter 11 Volume 32 P. 0083  Swedish special edition: Chapter 11 Volume 32 P. 0083

COUNCIL DECISION of 27 June 1994 approving the exchange of letters between the European Community and the Republic of Bulgaria amending the Interim Agreement on trade and trade-related matters between the European Economic Community and the  European Coal and Steel Community, of the one part, and the Republic of Bulgaria, of the other part, and the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of  Bulgaria, of the other part, both as amended by the Additional Protocol signed on 21 December 1993 (94/391/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2) thereof,  Having regard to the Europe Agreement signed by the Parties on 8 March 1993 (1), as amended by the Additional Protocol signed on 21 December 1993 (2),  Having regard to the Interim Agreement signed by the Parties on 10 December 1993 (3), as amended by the Additional Protocol concluded on 21 December 1993,  Having regard to the proposal from the Commission,  Whereas the Interim Agreement should have entered into force on 1 June 1993;  Whereas the Interim Agreement came into force on 31 December 1993;  Whereas the Interim Agreement provides for quantitative concessions;  Whereas it is therefore appropriate to carry-over to the following years certain quotas or ceilings, which were granted for 1993 but could not be used by Bulgaria due to the late entry into force of the Agreement;  Whereas to this effect the Commission has negotiated on behalf of the Community an exchange of letters amending the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community,  of the one part, and the Republic of Bulgaria, of the other part, as amended by the Additional Protocol signed by the Parties on 21 December 1993, and amending the Europe Agreement establishing an association between the European Communities and their  Member States, of the one part, and the Republic of Bulgaria, of the other part, signed on 8 March 1993 as amended by the Additional Protocol concluded between the Parties on 21 December 1993;  Whereas the exchange of letters should be approved,  HAS DECIDED AS FOLLOWS:   Article 1  The exchange of letters amending the Interim Agreement on trade and trade-related matters between the European Economic Community and the European Coal and Steel Community of the one part, and the Republic of Bulgaria, of the other part, and  the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, is hereby approved on behalf of the Community.  The text of the exchange of letters is attached to this Decision.   Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the exchange of letters on behalf of the European Community.  The President of the Council shall give the notification on behalf of the European Community that all necessary procedures have been completed.  Done at Luxembourg, 27 June 1994.  For the Council The President C. SIMITIS  (1) Europe Agreement not yet published in the Official Journal.  (2) OJ No L 25, 29. 1. 1994, p. 27.  (3) OJ No L 323, 23. 12. 1993, p. 2.


title: Decision of the European Parliament of 5 May 2010 on discharge in respect of the implementation of the budget of the European Chemicals Agency for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/146

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on discharge in respect of the implementation of the budget of the European Chemicals Agency for the financial year 2008
   (2010/520/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Chemicals Agency for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Chemicals Agency for the financial year 2008, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   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 1907/2006 of the European Parliament and of the Council (3) establishing a European Chemicals Agency, and in particular Article 97 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (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 (A7-0089/2010),

               1.

               Grants the Executive Director of the European Chemicals Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2008;

               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 Chemicals 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 304, 15.12.2009, p. 33.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 396, 30.12.2006, p. 1.

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

               25.9.2010

               EN

               Official Journal of the European Union

               L 252/147

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Chemicals Agency for the financial year 2008
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Chemicals Agency for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the European Chemicals Agency for the financial year 2008, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   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 1907/2006 of the European Parliament and of the Council (3) establishing a European Chemicals Agency, and in particular Article 97 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Regulation (EC, Euratom) No 1605/2002 (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 (A7-0089/2010),

               A.

               whereas the Court of Auditors states that it has obtained reasonable assurances that the annual accounts for the financial year 2008 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas 2008 was the Agency’s first year in operation,

               1.

               Notes that the Agency was financed in 2008 by a Community subsidy of EUR 62 200 000 in accordance with Article 185 of the general Financial Regulation, and to a minor extent by fees paid by industry for registrations of chemical substances in accordance with the REACH Regulation (Regulation (EC) No 1907/2006 of the European Parliament and the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency);

      Performance

               2.

               Believes that the Agency is performing a role that the Commission is not in a position to take on, that the Agency is fully aligned with the Union’s strategic priorities and that its activities are complementary to those of other agencies;

               3.

               Notes the remarks made in the external evaluation of the EU decentralised agencies commissioned by the Commission in 2009, in which it is stated that the objectives and activities of the multiannual work programme are consistent with the Agency’s mandate and that the outputs are timely, useful and of high quality;

               4.

               Underlines, however, that the Agency would benefit from developing feedback procedures and from developing a stronger customer focus;

               5.

               Expresses its satisfaction with the first successful year of operation of the European Chemicals Agency (ECHA), the Commission (DG Enterprise and Industry) having been responsible for the budgetary management of the Agency in 2007; emphasises, in particular, that the smooth and quite rapid establishment of the Agency is mainly due to the effective support provided by its parent directorate-general, exchanges of experience with other similar agencies and the provision of strong support by the host country;

               6.

               Notes that Regulation (EC) No 1907/2006, under which the Agency was established, stipulates that it is subject to review every 10 years;

      Budgetary and financial management

               7.

               Notes that the Court of Auditors highlights delays in the operational activities caused by difficulties in implementing the IT system and a lack of qualified staff; notes, in particular, that 41 % of the commitment appropriations for operational activities were carried over and 37,5 % were cancelled; stresses that this situation is at odds with the annuality principle and indicates weaknesses in the planning of the Agency’s activities; calls, therefore, on the Agency to take steps to improve the planning and monitoring of its resources;

               8.

               Calls on the Agency also to improve its procedures for monitoring the use of its appropriations; notes, in this connection, that the Court of Auditors found that, in respect of a significant number of transactions, totalling more than EUR 400 000, the expenditure was not covered by a budget commitment and as such was irregular; nonetheless notes the Agency’s reply to the effect that in 2009 it put adequate staff in place and reviewed and consolidated its financial and internal control procedures;

               9.

               Notes that the Agency’s accounts for the financial year 2008 show income from interest in the amount of EUR 643 007,40; concludes from the annual closure of accounts and the amount of interest payments that the Agency maintains enormously high cash reserves over long periods; notes that as of 31 December 2008 the Agency’s cash reserves amounted to EUR 18 747 210,75; calls on the Commission to examine ways of ensuring that the principle of needs-based cash management, as laid down in Article 15(5) of Regulation (EC, Euratom) No 2343/2002, is implemented in full and what changes in approach are needed to ensure that the Agency’s cash reserves are kept as low as possible on a long-term basis;

      Human resources

               10.

               Notes that the total number of posts in the establishment plan has more than doubled during the first year of independent operation of the Agency; welcomes the fact that at the end of the year the Agency had achieved 95 % execution of the establishment plan; recalls in this context the need for careful implementation of the recruitment procedure;

               11.

               Deplores the shortcomings found by the Court of Auditors in the documentation summarising the deliberations of selection boards; notes, furthermore, the Court of Auditors’ finding that in 14 recruitment procedures the independence of the members of the selection board (temporary staff members coming under the authority of the Agency’s Director) was not guaranteed, owing to the fact that the Director himself chaired the board; commends the Agency, nonetheless, for deciding that the Director will no longer take part in the deliberations of selection boards;

               12.

               Is aware that the large-scale rotation in key positions in the Agency entails a business continuity risk; asks the Agency therefore to put in place well-defined handover procedures in order to ensure a smooth transition of functions and a consistent handover of relevant activities, files or procedures;

      Internal audit

               13.

               Acknowledges that 2008 was the first year of intervention by the Internal Audit Service (IAS) in the Agency and that a risk assessment exercise was conducted in July 2008 in order to determine the audit priorities and the IAS audit plan for the next three years;

               14.

               Notes that the IAS made 12 recommendations, four of which are rated as ‘very important’ and concern the Agency’s business continuity and its recruitment procedures; acknowledges that most of those recommendations were already implemented in 2008 and that the remaining actions were concluded by 31 December 2009;

               15.

               Refers, for other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 5 May 2010 (5) on the performance, financial management and control of the agencies.

      (1)  OJ C 304, 15.12.2009, p. 33.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 396, 30.12.2006, p. 1.

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

      (5)  Texts adopted, P7_TA(2010)0139. See page 241 of this Official Journal.