title: Council Decision 2013/354/CFSP of 3 July 2013 on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS)

text:
               4.7.2013

               EN

               Official Journal of the European Union

               L 185/12

         COUNCIL DECISION 2013/354/CFSP
   of 3 July 2013
   on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 14 November 2005, the Council adopted Joint Action 2005/797/CFSP on the European Union Police Mission for the Palestinian Territories (1) (EUPOL COPPS) for a period of three years. The operational phase of EUPOL COPPS began on 1 January 2006.

               (2)

               On 17 December 2010, the Council adopted Decision 2010/784/CFSP (2) on the European Union Police Mission for the Palestinian Territories (EUPOL COPPS), which continued EUPOL COPPS as from 1 January 2011. Decision 2010/784/CFSP expires on 30 June 2013.

               (3)

               On 7 June 2013 the Political and Security Committee (PSC) recommended that the Mission be extended for an additional period of 12 months until 30 June 2014.

               (4)

               The watch-keeping capability should be activated for the Mission.

               (5)

               EUPOL COPPS will be conducted in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty on European Union (TEU),

         HAS ADOPTED THIS DECISION:
   Article 1
   Mission
   1.   The European Union Police Mission for the Palestinian Territories, hereinafter referred to as EUPOL COPPS, established by Joint Action 2005/797/CFSP, shall be continued as from 1 July 2013.
   2.   EUPOL COPPS shall operate in accordance with the mission statement as set out in Article 2.
   Article 2
   Mission statement
   The aim of EUPOL COPPS is to contribute to the establishment of sustainable and effective policing arrangements under Palestinian ownership in accordance with best international standards, in cooperation with the Union's institution building programmes as well as other international efforts in the wider context of the Security Sector including Criminal Justice Reform.
   To this end EUPOL COPPS shall:

               (a)

               assist the Palestinian Civil Police (PCP) in implementation of the Police Development Programme by advising and closely mentoring PCP, and specifically senior officials at District, Headquarters and Ministerial level;

               (b)

               coordinate and facilitate Union and Member State assistance, and where requested, international assistance to PCP;

               (c)

               advise on police-related Criminal Justice elements;

               (d)

               have a project cell for identifying and implementing projects. The Mission shall, as appropriate, coordinate, facilitate and provide advice on projects implemented by Member States and third States under their responsibility, in areas related to the Mission and in support of its objectives.

         In connection with the above-mentioned tasks, EUPOL COPPS shall have the capacity to procure services and supplies, to enter into contracts and administrative arrangements, to employ staff, to hold bank accounts, to acquire and dispose of assets and to discharge its liabilities, and to be a party to legal proceedings.
   Article 3
   Review
   A six-monthly review process, in accordance with the assessment criteria set out in the Concept of Operations (CONOPS) and the Operation Plan (OPLAN) and taking into account developments on the ground, will enable adjustments to be made to the size and scope of EUPOL COPPS as necessary.
   Article 4
   Chain of command and structure
   1.   EUPOL COPPS shall have a unified chain of command, as a crisis management operation.
   2.   EUPOL COPPS shall be structured in accordance with its planning documents.
   Article 5
   Civilian Operation Commander
   1.   The Civilian Planning and Conduct Capability (CPCC) Director shall be the Civilian Operation Commander for EUPOL COPPS.
   2.   The Civilian Operation Commander, under the political control and strategic direction of the PSC and the overall authority of the High Representative of the Union for Foreign Affairs and Security Policy (HR), shall exercise command and control of EUPOL COPPS at the strategic level.
   3.   The Civilian Operation Commander shall ensure, with regard to the conduct of operations, proper and effective implementation of the Council's decisions as well as the PSC's decisions, including by issuing instructions at the strategic level as required to the Head of Mission and providing him with advice and technical support.
   4.   The Civilian Operation Commander shall report to the Council through the HR.
   5.   All seconded staff shall remain under the full command of the national authorities of the seconding State in accordance with national rules, of the Union institution concerned or of the European External Action Service (EEAS). Those authorities shall transfer Operational Control (OPCON) of their personnel, teams and units to the Civilian Operation Commander.
   6.   The Civilian Operation Commander shall have overall responsibility for ensuring that the Union's duty of care is properly discharged.
   7.   The Civilian Operation Commander and the European Union Special Representative (EUSR) for the Middle East peace process shall consult each other as required.
   Article 6
   Head of Mission
   1.   The Head of Mission shall assume responsibility for, and exercise command and control of the Mission at theatre level and shall be directly responsible to the Civilian Operation Commander.
   2.   The Head of Mission shall be the representative of the Mission. The Head of Mission may delegate management tasks in staff and financial matters to staff members of the Mission, under his/her overall responsibility.
   3.   The Head of Mission shall exercise command and control over personnel, teams and units from contributing States as assigned by the Civilian Operation Commander together with administrative and logistic responsibility including over assets, resources and information put at the disposal of the Mission.
   4.   The Head of Mission shall issue instructions to all Mission staff, for the effective conduct of EUPOL COPPS in theatre, assuming its coordination and day-to-day management, following the instructions at the strategic level of the Civilian Operation Commander.
   5.   The Head of Mission shall be responsible for disciplinary control over the staff. For seconded staff, disciplinary powers shall be exercised by the national authorities, by the Union institution concerned or by the EEAS.
   6.   The Head of Mission shall represent EUPOL COPPS in the operations area and shall ensure appropriate visibility of the Mission.
   7.   The Head of Mission shall coordinate, as appropriate, with other Union actors on the ground. The Head of Mission shall, without prejudice to the chain of command, receive local political guidance from the EUSR for the Middle East peace process in consultation with the relevant Heads of Union Delegations.
   Article 7
   EUPOL COPPS Staff
   1.   The numbers and competence of EUPOL COPPS staff shall be consistent with the mission statement set out in Article 2 and the structure set out in Article 4.
   2.   EUPOL COPPS staff shall consist primarily of staff seconded by Member States, Union institutions or the EEAS. Each Member State, Union institution or the EEAS shall bear the costs related to any of the staff seconded by it, including salaries, medical coverage, travel expenses to and from the Mission area, and allowances other than applicable daily allowances, as well as hardship and risk allowances.
   3.   EUPOL COPPS may also recruit international or local staff on a contractual basis, if the functions required are not provided by personnel seconded by Member States, Union institutions or the EEAS.
   4.   The conditions of employment and the rights and obligations of international and local staff shall be laid down in contracts to be concluded between EUPOL COPPS and the staff member concerned.
   5.   Third States may also, as appropriate, second Mission staff. Each seconding third State shall bear the costs related to any of the staff seconded by it, including salaries, medical coverage, allowances, high-risk insurance and travel expenses to and from the Mission area.
   Article 8
   Status of EUPOL COPPS staff
   1.   Where required, the status of EUPOL COPPS staff, including, where appropriate, the privileges, immunities and further guarantees necessary for the completion and smooth functioning of EUPOL COPPS shall be the subject of an agreement concluded pursuant to Article 37 TEU and in accordance with the procedure laid down in Article 218 of the Treaty on the Functioning of the European Union.
   2.   The Member State, Union institution or the EEAS having seconded a staff member shall be responsible for answering any claims, from or concerning the staff member, linked to the secondment. The Member State, Union institution in question or the EEAS shall be responsible for bringing any action against the seconded person.
   Article 9
   Political control and strategic direction
   1.   The PSC shall exercise, under the responsibility of the Council and the HR, political control and strategic direction of the Mission. The Council hereby authorises the PSC to take the relevant decisions for this purpose in accordance with the third paragraph of Article 38 TEU. This authorisation shall include the powers to appoint a Head of Mission, upon proposal of the HR, and to amend the CONOPS and the OPLAN. It shall also include powers to take subsequent decisions regarding the appointment of the Head of Mission. The powers of decision with respect to the objectives and termination of the Mission shall remain vested in the Council.
   2.   The PSC shall report to the Council at regular intervals.
   3.   The PSC shall receive on a regular basis and as required reports by the Civilian Operation Commander and the Head of Mission on issues within their areas of responsibility.
   Article 10
   Participation of third States
   1.   Without prejudice to the decision-making autonomy of the Union and its single institutional framework, third States may be invited to contribute to EUPOL COPPS provided that they bear the cost of the staff seconded by them, including salaries, medical coverage, allowances, high-risk insurance and travel expenses to and from the Mission area, and contribute to the running costs of EUPOL COPPS, as appropriate.
   2.   Third States making contributions to EUPOL COPPS shall have the same rights and obligations in terms of day-to-day management of the Mission as Member States.
   3.   The Council hereby authorises the PSC to take the relevant decisions on acceptance of the proposed contributions and to establish a Committee of Contributors.
   4.   Detailed arrangements regarding the participation of third States shall be the subject of an agreement concluded in accordance with Article 37 TEU and additional technical arrangements as necessary. Where the Union and a third State conclude an agreement establishing a framework for the participation of this third State in the Union crisis management operations, the provisions of such an agreement shall apply in the context of EUPOL COPPS.
   Article 11
   Security
   1.   The Civilian Operation Commander shall, in accordance with Article 5, direct the Head of Mission's planning of security measures, and shall ensure their proper and effective implementation by EUPOL COPPS.
   2.   The Head of Mission shall be responsible for the security of EUPOL COPPS and for ensuring compliance with minimum security requirements applicable to EUPOL COPPS, in line with the policy of the Union on the security of personnel deployed outside the Union in an operational capacity under Title V TEU and its supporting instruments.
   3.   The Head of Mission shall be assisted by a Senior Mission Security Officer (SMSO), who shall report to the Head of Mission and also maintain a close functional relationship with the EEAS.
   4.   EUPOL COPPS staff shall undergo mandatory security training before taking up their duties, in accordance with the OPLAN. They shall also receive regular in-theatre refresher training organised by the SMSO.
   5.   The Head of Mission shall ensure the protection of EU classified information in accordance with Council Decision 2011/292/EU of 31 March 2011 on the security rules for protecting EU classified information (3).
   Article 12
   Financial arrangements
   1.   The financial reference amount intended to cover the expenditure related to EUPOL COPPS for the period from 1 July 2013 until 30 June 2014 shall be EUR 9 570 000.
   2.   All expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   Nationals of participating third States and of neighbouring countries shall be allowed to tender for contracts. Subject to the Commission’s approval, the Head of Mission may conclude technical arrangements with Member States, participating third States, and other international actors regarding the provision of equipment, services and premises to EUPOL COPPS.
   4.   EUPOL COPPS shall be responsible for the implementation of the Mission's budget. For this purpose, EUPOL COPPS shall sign a contract with the Commission.
   5.   EUPOL COPPS shall be responsible for any claims and obligations arising from the implementation of the mandate starting from 1 July 2013, with the exception of any claims relating to serious misconduct by the Head of Mission, for which he/she shall bear responsibility.
   6.   The financial arrangements shall respect the operational requirements of EUPOL COPPS, including compatibility of equipment and interoperability of its teams.
   7.   Expenditure shall be eligible as of the date of entry into force of this Decision.
   Article 13
   Release of information
   1.   The HR shall be authorised to release to the third States associated with this Decision, as appropriate and in accordance with the operational needs of the Mission, EU classified information and documents up to the level ‧RESTREINT UE‧ generated for the purposes of the Mission, in accordance with Decision 2011/292/EU.
   2.   In the event of a specific and immediate operational need, the HR shall also be authorised to release to the local authorities any EU classified information and documents up to the level ‧RESTREINT UE‧ generated for the purposes of the Mission, in accordance with Decision 2011/292/EU. Arrangements between the HR and the competent local authorities shall be drawn up for this purpose
   3.   The HR shall be authorised to release to the third States associated with this Decision and to the local authorities any EU non-classified documents connected with the deliberations of the Council relating to EUPOL COPPS and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council's Rules of Procedure (4).
   4.   The HR may delegate the powers referred to in paragraphs 1, 2 and 3, as well as the ability to conclude the arrangements referred to in paragraph 2 to persons placed under the HR's authority, to the Civilian Operation Commander and/or to the Head of Mission.
   Article 14
   Watch-keeping
   The Watch-Keeping Capability shall be activated for EUPOL COPPS.
   Article 15
   Entry into force
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 July 2013.
   It shall expire on 30 June 2014.

      Done at Brussels, 3 July 2013.

            For the Council

            The President

         L. LINKEVIČIUS

      (1)  OJ L 300, 17.11.2005, p. 65.

      (2)  OJ L 335, 18.12.2010, p. 60.

      (3)  OJ L 141, 27.5.2011, p. 17.

      (4)  Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325, 11.12.2009, p. 35).


title: 2005/554/EC, Euratom: Council Decision of 12 July 2005 on the adjustment of the allowances paid to members and alternates of the European Economic and Social Committee

text:
               20.7.2005

               EN

               Official Journal of the European Union

               L 188/35

      COUNCIL DECISION

   of 12 July 2005
   on the adjustment of the allowances paid to members and alternates of the European Economic and Social Committee
   (2005/554/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular the fourth subparagraph of Article 258 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the fourth subparagraph of Article 166 thereof,
   Having regard to the request from the European Economic and Social Committee of 4 April 2005,
   Whereas:
   The amounts of the daily allowances paid to members and alternates of the European Economic and Social Committee, laid down by Council Decision 81/121/EEC (1), should be adapted,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Article 2 of Decision 81/121/EEC shall be replaced by the following:

      ‘Article 2
      1.   The daily allowance per travel day shall be:

                  —

                  EUR 130 for members and alternates.

            2.   The daily allowance per meeting day shall be:

                  —

                  EUR 208 for members and alternates.

            3.   Where the beneficiary furnishes satisfactory proof that he has incurred expenditure on an overnight stay at the place of work, he shall be paid a supplementary daily allowance of EUR 30.’

   Article 2
   This Decision shall take effect on 12 July 2005.

      Done at Brussels, 12 July 2005.

            For the Council

            The President

         G. BROWN

      (1)  OJ L 67, 12.3.1981, p. 29. Decision as last amended by Decision 2002/985/EC, Euratom (OJ L 343, 18.12.2002, p. 31).


title: 2014/568/EU: Decision of the European Parliament of 3 April 2014 on the closure of the accounts of the European Police College for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/180

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on the closure of the accounts of the European Police College for the financial year 2012
   (2014/568/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Police College for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Police College for the financial year 2012, together with the College’s replies (1),

               —

               having regard to the Council’s recommendation of 18 February 2014 (05849/2014 - C7-0054/2014),

               —

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

               —

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

               —

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

               —

               having regard to Council Decision 2005/681/JHA of 20 September 2005 establishing the European Police College (CEPOL) (4), and in particular Article 16 thereof,

               —

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

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6), and in particular Article 108 thereof,

               —

               having regard to Commission Decision C(2011) 4680 of 30 June 2011 granting consent to a derogation requested by the European Police College from Regulation (EC, Euratom) No 2343/2002,

               —

               having regard to the report of the European Police College of 12 July 2010 on the Reimbursement of Private Expenditure (10/0257/KA),

               —

               having regard to the external audit commissioned by the European Police College (Contract Ref. No CEPOL/2010/001) on the reimbursement of private expenditure,

               —

               having regard to the final report on the five-year external evaluation of the European Police College (Contract Ref. No CEPOL/CT/2010/002),

               —

               having regard to the Annual Activity Report 2009 of the Directorate-General Justice, Freedom and Security,

               —

               having regard to the fourth progress report of the European Police College on the implementation of its Multi-annual Action Plan (MAP) for 2010-2014,

               —

               having regard to the Court of Auditors’ report on the implementation of the European Police College MAP for 2010-2014,

               —

               having regard to the note of the Internal Audit Service (IAS) of 4 July 2011 (Ref. Ares (2011) 722 479) on the third progress report on the implementation of the European Police College MAP for 2010-2014,

               —

               having regard to the report and annexes of the European Police College on the implementation of the European Parliament’s resolution on ‘2009 Discharge: European Police College’,

               —

               having regard to the report and annex of the European Police College on the application of its Procurement Manual for the period covering 1 July 2010 - 1 July 2011,

               —

               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 (A7-0240/2014),

               1.

               Approves the closure of the accounts of the European Police College for the financial year 2012;

               2.

               Instructs its President to forward this Decision to the Director of the European Police College, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 365, 13.12.2013, p. 29.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 256, 1.10.2005, p. 63.

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

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


title: 2011/604/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the budget of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/224

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the budget of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2009
   (2011/604/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States 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 Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (3), and in particular Article 30 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 (A7-0145/2011),

               1.

               Grants the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union 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 Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, 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. 40.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 349, 25.11.2004, p. 1.

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

               27.9.2011

               EN

               Official Journal of the European Union

               L 250/226

         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 Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2009
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States 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 Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (3), and in particular Article 30 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 (A7-0145/2011),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts for the financial year 2009 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas, on 5 May 2010, Parliament granted the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union 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 that the Court of Auditors found several weaknesses already highlighted in its 2006 and 2007 annual reports and in particular concerning:

                                       (i)

                                       the high level of carry-overs and cancellations (with, respectively, 49 %, nearly 69 % and 55 % of the appropriations available in 2008, 2007 and 2006 unspent);

                                       (ii)

                                       the fact that legal commitments were entered into before the corresponding budgetary commitments;

                                       (iii)

                                       the fact that, according to the Court of Auditors, the recruitment procedures depart from the rules, in particular as regards the transparency and non-discriminatory nature of the procedures in question;

                           —

                           called on the Agency to improve its financial management, especially as regards the increase in its budget for the financial years 2007 and 2008,

               C.

               whereas 2008 was the fourth full year of the Agency’s operation,

               D.

               whereas the Agency’s budget for the year 2009 was EUR 88 800 000, which is an increase of nearly 28 %, compared with the previous year,

               1.

               Is pleased to note that the Court of Auditors has been able to obtain reasonable assurances that the annual accounts of the Agency for the financial year 2009 are in all material respects reliable and that the underlying transactions, taken as a whole, are legal and regular;

      Substantial increase of the budget

               2.

               Notes that the Agency’s budget has increased substantially in the last 4 years; notes that, for the financial year 2009, the budget increased more than threefold over the financial year 2006 (EUR 19 200 000);

      Performance

               3.

               Welcomes that, in June 2009, the Management Board of the Agency adopted a multiannual plan for the period 2010-2013 despite the lack of provision for this in its basic regulation; stresses the importance of that multiannual plan in enabling the Agency to plan its activities and risk-assess them more effectively; none the less, calls on the Agency to promptly establish a link between its work programme and its financial forecasts;

               4.

               Calls again on the Agency to set out, in its table to be annexed to the Court of Auditors’ next report, a comparison of the operations that were carried out during the year for which discharge is to be granted and in the previous financial year, so as to enable the discharge authority to assess more effectively its performance from one year to the next;

               5.

               Welcomes the Agency’s initiative of launching, in 2009, the so-called ‘Frontex Performance Management System’ to better inform the Agency’s Governing Board by providing it with data on the impact of the agency operations; notes that this new system is intended to promote reporting which is more ‘outcome-oriented’ and which completes input and output indicators; calls, nevertheless, on the Agency to provide information on the impact of its operations and to inform the discharge authority thereof;

               6.

               Notes that the discharge for the implementation of the Agency’s budget should be further based on its performance throughout the year;

      Cooperation with the Member States

               7.

               Calls on the Agency to improve its financial management with regard to the reimbursement of costs incurred by Member States by identifying, with those Member States, the roots of the problem so as to implement, together, the appropriate solutions;

      Carry-overs and cancellations of appropriations

               8.

               Is concerned that the Court of Auditors has reported carry-overs which were already reported in its 2006, 2007 and 2008 annual reports; regrets, in particular, the high level of carry-overs and cancellations since 2006;

               9.

               Urges, therefore, the Agency to improve the level of use of appropriations by putting in place appropriate instructions and procedures for the analysis of potential carry-forwards to reduce to a minimum the volume of appropriations carried over; considers it, also, to be important for the Agency to improve the programming and the monitoring of activities;

               10.

               Is also concerned that the Agency had to cancel appropriations (EUR 13 900 000 for 2009 and EUR 13 000 000 for 2008);

               11.

               Notes that the Court of Auditors reported 28 budgetary transfers due to the fact that the procedures for drawing up the budget were not sufficiently rigorous; observes, also, that, by the end of 2009, six of 39 budgetary lines of Title II -Administrative expenditure had not been used and 35 % of the corresponding appropriations were cancelled;

               12.

               Points out that a high level of carry-overs and cancellations is indicative of the inability of the Agency to manage such a large increase in its budget; wonders whether it would not be more responsible for the budgetary authorities to take greater care in future when deciding on increases in the Agency’s budget in the light of the time needed to carry out the new activities; calls on the Agency therefore to provide it with fuller details on the feasibility of future commitments;

               13.

               Welcomes, nevertheless, the Agency’s initiative to further develop its system for scheduling and monitoring the contractual deadline laid down in grants; notes also that since 2009 the Agency has implemented a risk assessment and risk management process for its activities;

      Grant Management

               14.

               Observes that the Court of Auditors reported, for the second year running, that the Agency paid out amounts on the basis of unilateral grant decisions signed by the Agency, while the rules in force make no provision for this type of instrument; notes that the amount paid out in 2009 was more than EUR 28 000 000 and in 2008 was EUR 17 000 000; welcomes, nevertheless, the Agency’s initiative, made in response to the Court’s observation, of signing a framework Partnership Agreement with Member States border authorities;

               15.

               Calls on the Agency to improve its grant management by:

                           —

                           carrying out on-the-spot controls on the grant beneficiaries,

                           —

                           promoting standard unit costs per category instead of grants based on reimbursements of eligible costs,

                           —

                           clearly describing, communicating and monitoring the actors’ responsibilities,

                           —

                           providing an operational plan agreed by all actors;

      Accuracy of the operational budget

               16.

               Notes with concern that the Court of Auditors reported the overstatement by 27 % of the costs for pre-financing to border authorities in the 8 cases audited; notes also that, for the activities which ended in 2009, more than 40 recovery orders had to be issued to recover advances made in excess;

      Human resources

               17.

               Welcomes the Agency’s initiative of taking measures to increase the objectivity and transparency of the recruitment processes, in accordance with the Parliament’s recommendations; notes, in fact, that the Agency adopted implementing rules and internal guidelines for the members of the selection committees; congratulates, in particular, the Agency for adopting a Recruitment Policy in November 2010 which includes the following concrete actions: compliance with deadlines when nominating the selection board members, prior preparation of interview questions and the content of written tests, anonymous assessment of written tests; preparation of model answers for interview questions and written tests, preparation of minutes in respect of any recruitment, development of an e-recruitment tool to be implemented in the course of 2011 to facilitate the recruitment and selection process;

      Internal audit

               18.

               Acknowledges that the Internal Audit Service (IAS) carried out, in 2009, an audit on Grant Management with the objective of assessing the following: the annual planning of grants, the legal instrument used, the implementation of grants and the monitoring and reporting;

               19.

               Acknowledges that, out of the 19 recommendations issued by the IAS on the follow-up of early recommendations, 6 have been adequately and effectively implemented, 10 are in progress and 3 are completed but still need to be verified by the IAS; calls, nevertheless, on the Director of the Agency to inform the discharge authority as to the content of the recommendations that are considered to be ‘very important’ by the IAS and on the actions taken in that respect;

               20.

               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 (6) on the performance, financial management and control of the agencies.

      (1)  OJ C 338, 14.12.2010, p. 40.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 349, 25.11.2004, p. 1.

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

      (5)  OJ L 252, 25.9.2010, p. 211.

      (6)  Texts adopted, P7_TA(2011)0163 (See page 269 of this Official Journal).


Avis juridique important

|

31967D0745

67/745/EEC: Commission Decision of 28 November 1967 setting up a Joint Advisory Committee on Social Questions arising in Inland Navigation

Official Journal 297 , 07/12/1967 P. 0013 - 0015 Danish special edition: Series I Chapter 1967 P. 0276  English special edition: Series I Chapter 1967 P. 0299  Greek special edition: Chapter 05 Volume 1 P. 0027

++++COMMISSION DECISION  OF 28 NOVEMBER 1967  SETTING UP A JOINT ADVISORY COMMITTEE ON SOCIAL QUESTION ARISING IN INLAND NAVIGATION   ( 67/745/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  WHEREAS IN ITS MEMORANDUM OF 10 APRIL 1961 , ON THE GUIDELINES FOR THE COMMON TRANSPORT POLICY , THE COMMISSION INDICATED THE COURSE TO BE FOLLOWED IN APPLYING TO TRANSPORT THE GENERAL RULES AND PROVISIONS PROVIDED FOR IN THE TREATY UNDER THE COMMUNITY'S SOCIAL POLICY , WHICH ENTAILS A NUMBER OF MEASURES CONCERNING THE COMMON TRANSPORT POLICY ; WHEREAS IN ITS ACTION PROGRAMME OF 23 MAY 1962 ON THE COMMON TRANSPORT POLICY THE COMMISSION SET OUT IN A MORE CONCRETE FORM ITS VIEWS ON HARMONISATION IN SOCIAL MATTERS AS PART OF THE COMMON TRANSPORT POLICY ;  WHEREAS IN THEIR OPINIONS ON THE PROPOSED COUNCIL DECISION ON THE HARMONISATION OF CERTAIN PROVISIONS AFFECTING COMPETITION IN TRANSPORT BY RAIL , ROAD AND INLAND WATERWAY THE EUROPEAN PARLIAMENT AND THE ECONOMIC AND SOCIAL COMMITTEE EXPRESSED THE WISH TO SEE SET UP A JOINT COMMITTEE REPRESENTING THE TWO SIDES OF INDUSTRY ;  WHEREAS BY ITS DECISION OF 5 JULY 1965 ( 1 ) THE COMMISSION HAS ALREADY SET UP A JOINT ADVISORY COMMITTEE ON SOCIAL QUESTIONS ARISING IN ROAD TRANSPORT AND WHEREAS THE GROUNDS THEN PUT FORWARD NOW JUSTIFY , IN VIEW OF THE PROGRESS ACHIEVED AS REGARDS HARMONISATION IN SOCIAL MATTERS IN INLAND NAVIGATION , THE SETTING UP OF A JOINT ADVISORY COMMITTEE ON SOCIAL QUESTIONS ARISING IN INLAND NAVIGATION ;  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THERE SHALL BE ATTACHED TO THE COMMISSION A COMMITTEE CALLED THE " JOINT ADVISORY COMMITTEE ON SOCIAL QUESTIONS ARISING IN INLAND NAVIGATION " .  ARTICLE 2   ( A ) THE COMMISSION MAY REQUEST THE COMMITTEE FOR AN OPINION ON ANY SOCIAL QUESTION ARISING IN INLAND NAVIGATION .   ( B ) THE COMMISSION MAY , WHEN SEEKING THE OPINION OF THE COMMITTEE , SET A TIME LIMIT WITHIN WHICH SUCH OPINION SHALL BE GIVEN .   ( C ) IN THE EVENT OF UNANIMOUS AGREEMENT BEING REACHED IN THE COMMITTEE ON THE OPINION TO BE GIVEN TO THE COMMISSION , THE COMMITTEE SHALL FORMULATE JOINT CONCLUSIONS AND ATTACH THEM TO THE REPORT OF ITS PROCEEDINGS FORWARDED TO THE COMMISSION .   ( D ) OTHERWISE THE OPINIONS EXPRESSED SHALL BE INCLUDED IN THAT REPORT .  ARTICLE 3  THE COMMITTEE SHALL DISCUSS ONLY MATTERS ON WHICH THE COMMISSION HAS REQUESTED AN OPINION .  ARTICLE 4   ( A ) THE COMMITTEE SHALL CONSIST OF THIRTY FULL MEMBERS AND EIGHTEEN ALTERNATE MEMBERS .   ( B ) SEATS ON THE COMMITTEE SHALL BE APPORTIONED AS FOLLOWS :   - TO CARRIERS , FIFTEEN FULL MEMBERS AND NINE ALTERNATE MEMBERS ;   - TO INLAND NAVIGATION EMPLOYEES , FIFTEEN FULL MEMBERS AND NINE ALTERNATE MEMBERS .   ( C ) ALTERNATE MEMBERS SHALL ATTEND COMMITTEE MEETINGS AND TAKE PART IN THE WORK OF THE COMMITTEE ONLY IN THE EVENT OF FULL MEMBERS BEING UNABLE TO DO SO , EXCEPT WHERE , IN PURSUANCE OF ARTICLE 11 ( B ) , THEY ARE ATTENDING AS EXPERTS .  ARTICLE 5   ( A ) MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY THE COMMISSION ON PROPOSALS FROM THE FOLLOWING ORGANISATIONS SET UP AT COMMUNITY LEVEL TO REPRESENT THE VARIOUS SECTIONS OF THE INDUSTRY :  EMPLOYEES   - COMMITTEE OF ITF UNIONS IN THE EEC ( ITF - ICFTU ) ;   - EUROPEAN TRANSPORT COMMITTEE ( ETC - IFCTU ) ;  CARRIERS   - INTERNATIONAL UNION FOR INLAND NAVIGATION  ( IUIN ) ;   ( B ) THE LIST OF MEMBERS OF THE COMMITTEE SHALL BE PUBLISHED FOR INFORMATION PURPOSES IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  ARTICLE 6   ( A ) THE TERM OF OFFICE FOR MEMBERS AND ALTERNATES SHALL BE THREE YEARS . THEIR APPOINTMENTS MAY BE RENEWED . IT SHALL TERMINATE FOR THE FIRST TIME ON 30 SEPTEMBER 1970 .   ( B ) AFTER EXPIRY OF THE THREE YEARS MEMBERS AND ALTERNATES SHALL REMAIN IN OFFICE UNTIL REPLACED .   ( C ) IN THE EVENT OF THE DEATH OR RESIGNATION OF A MEMBER OR ALTERNATE OR OF HIS CEASING TO BELONG TO THE ORGANISATION WHICH HE REPRESENTS , HE SHALL BE REPLACED FOR THE REMAINDER OF HIS TERM OF OFFICE .  ARTICLE 7   ( A ) THE COMMITEE SHALL , BY A TWO-THIRDS MAJORITY OF MEMBERS PRESENT , ELECT A CHAIRMAN AND VICE-CHAIRMAN FROM AMONG ITS FULL MEMBERS . THE CHAIRMAN AND VICE-CHAIRMAN MAY NOT BOTH COME FROM THE SAME SIDE OF INDUSTRY .   ( B ) SHOULD THE CHAIRMAN OR VICE-CHAIRMAN CEASE TO HOLD OFFICE BEFORE THE PERIOD FOR WHICH HE WAS ELECTED HAS EXPIRED , HE SHALL BE REPLACED FOR THE REMAINDER OF HIS TERM OF OFFICE .   ( C ) THE TERM OF OFFICE FOR CHAIRMAN AND VICE-CHAIRMAN SHALL BE EIGHTEEN MONTHS . IT SHALL TERMINATE FOR THE FIRST TIME ON 31 MARCH 1969 . THE CHAIRMAN AND VICE-CHAIRMAN SHALL BE CHOSEN ALTERNATELY FROM THE TWO SIDES REPRESENTED .   ( D ) NO MEMBER OF THE COMMITTEE MAY HOLD SUCCESSIVELY THE OFFICES OF CHAIRMAN AND VICE-CHAIRMAN DURING A PERIOD EXCEEDING TWO FULL TERMS OF OFFICE AS LAID DOWN UNDER ( C ) .  ARTICLE 8   ( A ) THE CHAIRMAN SHALL BE RESPONSIBLE FOR RELATIONS WITH THE COMMISSION .   ( B ) THE CHAIRMAN AND VICE-CHAIRMAN ACTING JOINTLY MAY DRAW THE ATTENTION OF THE COMMISSION TO THE DESIRABILITY OF CONSULTING THE COMMITTEE ON ANY MATTERS WITHIN THE LATTER'S COMPETENCE ON WHICH ITS OPINION HAS NOT BEEN SOUGHT . THEY SHALL DO SO WHERE THE REQUEST FOR CONSULTATION IS MADE BY ONE-HALF OF THE MEMBERS OF THE COMMITTEE .  ARTICLE 9  THE COMMITTEE MAY SET UP WORKING PARTIES TO PREPARE , ON SPECIFIC QUESTIONS OR IN SPECIFIC FIELDS , DRAFT OPINIONS TO BE SUBMITTED TO THE COMMITTEE FOR CONSIDERATION . THESE WORKING PARTIES SHALL CONSIST OF A LIMITED NUMBER OF FULL OR ALTERNATE MEMBERS .  ARTICLE 10   ( A ) AT THE REQUEST OF ANY OF THE ORGANISATIONS REPRESENTED , THE CHAIRMAN MAY INVITE A REPRESENTATIVE OF THE CENTRAL BODY OF THE ORGANISATION CONCERNED TO BE PRESENT AT MEETINGS .   ( B ) THE CHAIRMAN MAY PROPOSE TO THE COMMISSION THAT IT SHOULD INVITE ANY PERSON WITH SPECIAL QUALIFIACTIONS IN A SUBJECT ON THE AGENDA TO TAKE PART IN AN EXPERT CAPACITY IN MEETINGS OF THE COMMITTEE OR OF A WORKING PARTY OF THE COMMITTEE . THE CHAIRMAN SHALL DO SO WHEN SO REQUESTED BY ANY OF THE ORGANISATIONS MENTIONED IN ARTICLE 5 . EXPERTS SHALL BE PRESENT ONLY AT THE DISCUSSION OF THOSE QUESTIONS ON ACCOUNT OF WHICH THEY WERE INVITED .  ARTICLE 11   ( A ) THE COMMITTEE AND WORKING PARTIES SHALL MEET WHEN CONVENED BY THE COMMISSION .   ( B ) REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED SHALL TAKE PART IN THESE MEETINGS .  ARTICLE 12  SECRETARIAL SERVICES SHALL BE PROVIDED FOR THE COMMITTEE BY THE COMMISSION .  ARTICLE 13  AN OPINION DELIVERED BY THE COMMITTEE SHALL NOT BE VALID UNLESS TWO-THIRDS OF THE MEMBERS ARE PRESENT .  ARTICLE 14  WITHOUT PREJUDICE TO THE PROVISIONS OF ARTICLE 214 OF THE TREATY , WHERE THE COMMISSION INDICATES THAT THE OPINION REQUESTED IS ON A MATTER OF A CONFIDENTIAL NATURE , PERSONS PRESENT AT THE MEETINGS OF THE COMMITTEE AND OF THE WORKING PARTIES SHALL NOT DISCLOSE INFORMATION WHICH HAS COME TO THEIR KNOWLEDGE THROUGH THE WORK OF THE COMMITTEE .  ARTICLE 15  AFTER HEARING THE COMMITTEE , THE COMMISSION MAY AMEND THIS DECISION IN THE LIGHT OF EXPERIENCE .  DONE AT BRUSSELS , 28 NOVEMBER 1967 .  FOR THE COMMISSION  THE PRESIDENT  JEAN REY  ( 1 ) OJ NO 130 , 16 . 7 . 1965 , P . 2814/65 .


title: Political and Security Committee Decision (CFSP) 2015/927 of 9 June 2015 on the appointment of the Head of Mission of the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo) and repealing Decision EUSEC/1/2012 (EUSEC/1/2015)

text:
               17.6.2015

               EN

               Official Journal of the European Union

               L 150/21

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2015/927
   of 9 June 2015
   on the appointment of the Head of Mission of the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo) and repealing Decision EUSEC/1/2012 (EUSEC/1/2015)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38 thereof,
   Having regard to Council Decision 2010/565/CFSP of 21 September 2010 on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo) (1), and in particular Article 8 thereof,
   Whereas:

               (1)

               Pursuant to Article 8 of Decision 2010/565/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with the third paragraph of Article 38 of the Treaty on European Union, to take the relevant decisions for the purpose of exercising the political control and strategic direction of EUSEC RD Congo, including decisions regarding the appointment of a Head of Mission.

               (2)

               On 8 June 2015, the Council adopted Decision (CFSP) 2015/883 (2) extending the European Union mission to provide advice and assistance for security reform in the Democratic Republic of the Congo (‘EUSEC RD Congo’) until 30 June 2016.

               (3)

               On 2 October 2012, the PSC adopted Decision EUSEC 1/2012 (3), appointing Colonel Jean-Louis NURENBERG as Head of Mission of EUSEC RD Congo.

               (4)

               The High Representative of the Union for Foreign Affairs and Security Policy proposed the appointment of Colonel Johan DE LAERE as Head of Mission of EUSEC RD Congo in place of Colonel Jean-Louis NURENBERG from 1 July 2015 for a period of one year,

         HAS ADOPTED THIS DECISION:
   Article 1
   Colonel Johan DE LAERE is hereby appointed Head of Mission of the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo) from 1 July 2015 to 30 June 2016.
   Article 2
   Political and Security Committee Decision EUSEC/1/2012 is repealed with effect from 1 July 2015.
   Article 3
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 July 2015.

      Done at Brussels, 9 June 2015.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 248, 22.9.2010, p. 59.

      (2)  Council Decision (CFSP) 2015/883 of 8 June 2015 amending and extending Decision 2010/565/CFSP on the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo) (OJ L 143, 9.6.2015, p. 14).

      (3)  Political and Security Committee Decision EUSEC/1/2012 of 2 October 2012 on the appointment of the Head of Mission of the European Union mission to provide advice and assistance for security sector reform in the Democratic Republic of the Congo (EUSEC RD Congo) (OJ L 272, 6.10.2012, p. 19).


title: 2003/196/: EFTA Surveillance Authority Decision No 196/03/COL of  5 November 2003  amending for the thirty-eigth time the Procedural and Substantive Rules in the Field of State Aid by introducing a new chapter 9B: Complaints – Form for the submission of complaints concerning alleged unlawful state aid

text:
               10.5.2006

               EN

               Official Journal of the European Union

               L 123/28

      EFTA SURVEILLANCE AUTHORITY DECISION

   No 196/03/COL
   of 5 November 2003
   amending for the thirty-eigth time the Procedural and Substantive Rules in the Field of State Aid by introducing a new chapter 9B: Complaints – Form for the submission of complaints concerning alleged unlawful state aid
   THE EFTA SURVEILLANCE AUTHORITY,
   HAVING REGARD TO the Agreement on the European Economic Area (1), in particular to Articles 61 to 63 and Protocol 26 thereof,
   HAVING REGARD TO the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice (2), in particular to Article 24, Article 5(2)(b) and Article 1 in Part I of Protocol 3 thereof (3),
   WHEREAS under Article 24 of the Surveillance and Court Agreement, the EFTA Surveillance Authority shall give effect to the provisions of the EEA Agreement concerning State aid,
   WHEREAS under Article 5(2)(b) of the Surveillance and Court Agreement the EFTA Surveillance Authority shall issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressly so provides or if the EFTA Surveillance Authority considers it necessary,
   RECALLING the Procedural and Substantive Rules in the Field of State Aid (4) adopted on 19 January 1994 by the EFTA Surveillance Authority (5),
   WHEREAS, on 16 May 2003, the European Commission published a new form for the submission of complaints concerning alleged unlawful State aid (6),
   WHEREAS this form is also of relevance for the European Economic Area,
   WHEREAS a uniform application of the EEA State aid rules is to be ensured throughout the European Economic Area,
   WHEREAS, according to point II under the heading ‘GENERAL’ at the end of Annex XV to the EEA Agreement, the EFTA Surveillance Authority is to adopt, after consultation with the Commission, acts corresponding to those adopted by the European Commission,
   HAVING consulted the European Commission,
   RECALLING that the EFTA Surveillance Authority has consulted the EFTA States in a multilateral meeting on 20 June 2003 on the subject,
   HAS DECIDED AS FOLLOW:

               1.

               The State Aid Guidelines shall be amended by adding a new Chapter 9B ‘Complaints – Form for the submission of complaints concerning alleged unlawful State aid’.

               2.

               A new section III ‘Form for the submission of complaints concerning alleged unlawful State aid’ shall be introduced in Annex I to the State Aid Guidelines.

               3.

               The new Chapter 9B and the new section III of Annex I to the State Aid Guidelines can be found in the Annex to this Decision.

               4.

               The EFTA States shall be informed by means of a letter, including a copy of this Decision and including the Annex.

               5.

               The European Commission shall be informed, in accordance with point (d) of Protocol 27 of the EEA Agreement, by means of a copy of this Decision, including the Annex.

               6.

               The Decision, including the Annex, shall be published in the EEA Section of and in the EEA Supplement to the Official Journal of the European Union.

               7.

               The Decision shall be authentic in the English language.

      Done at Brussels, 5 November 2003.

            For the EFTA Surveillance Authority

         Einar M. BULL

            President

         Hannes HAFSTEIN

            College Member

      (1)  Hereinafter referred to as the EEA Agreement.

      (2)  Hereinafter referred to as the Surveillance and Court Agreement.

      (3)  Protocol 3 to the Surveillance and Court Agreement as amended by the EFTA States on 10 December 2001. The amendments entered into force on 28 August 2003.

      (4)  Hereinafter referred to as the State Aid Guidelines.

      (5)  Initially published in OJ L 231, 3.9.1994, and in the EEA Supplement thereto No 32 on the same date, last amended by College Decision No 264/02COL of 18.12.2002, not yet published.

      (6)  Form for the submission of complaints concerning alleged unlawful State aid (OJ C 116, 16.5.2003, p. 3).

      ANNEX

         ‘9B COMPLAINTS — FORM FOR THE SUBMISSION OF COMPLAINTS CONCERNING ALLEGED UNLAWFUL STATE AID
         Article 1(3) in Part I as well as Article 2(1) in Part II of Protocol 3 to the Surveillance and Court Agreement provide that the EFTA Surveillance Authority shall be informed, in sufficient time to enable it to submit its comments, of any plans to grant or alter aid. The EFTA State concerned shall not put its proposed measures into effect until this procedure has resulted in a final decision.
         Aid that has been put into effect in contravention of the above mentioned provisions constitutes “unlawful aid”.
         In accordance with Article 10(1) in Part II of Protocol 3 to the Surveillance and Court Agreement where the EFTA Surveillance Authority has in its possession information from whatever source regarding alleged unlawful aid, it shall examine that information without delay.
         Furthermore, according to Article 20(2) in Part II of the above mentioned Protocol, any interested party may inform the EFTA Surveillance Authority of any alleged unlawful aid and any alleged misuse of aid (hereinafter referred to as a complaint).
         Any person or company may submit a complaint to the EFTA Surveillance Authority. The procedure is free of charge. When investigating complaints the EFTA Surveillance Authority is obliged to respect the procedural rules set out in Protocol 3 to the Surveillance and Court Agreement, and in particular the rights of defence of the EFTA State concerned.
         Moreover, as an alternative, or as well as submitting a complaint to the EFTA Surveillance Authority, it is usually possible for third parties whose interests have been adversely affected by the grant of an unlawful aid to pursue the matter before the national courts.
         However, the EFTA Surveillance Authority cannot offer advice about the national procedures available in individual cases.
         The complaint form in Annex I, section III of these Guidelines sets out the information the EFTA Surveillance Authority needs in order to be able to follow-up a complaint about alleged unlawful or misused aid. Reasons should be given in case it is not possible to complete all the sections of the form.
         The form is accessible on the Internet server of the EFTA Surveillance Authority at the following addresses: http://www.eftasurv.int
         The website of the EFTA Surveillance Authority also contains much useful information about the State aid rules to be applied in the European Economic Area which may help the complainants or their advisers to complete the form.
         The form can be sent to the following address:

                     EFTA Surveillance Authority

                     Competition and State Aid Directorate

                     74, Rue de Trèves

                     B-1040 Brussels

               SECTION III
         Form for the submission of complaints concerning alleged unlawful State aid
         You can send this form to the following address:

                     EFTA Surveillance Authority

                     Competition and State Aid Directorate

                     74, Rue de Trèves

                     B-1040 Brussels

               I.A.   Information regarding the complainant
         I.1.   Surname and forename of complainant, or corporate name
         I.2.   Address or Registered Office:
         I.3.   Telephone, fax, e-mail address:
         I.4.   Name, address, telephone, fax, e-mail address of a contact person:
         I.5.   If the complainant is an enterprise, a brief description of the complainant and its field(s) and place(s) of activity:
         I.6.   Please summarise briefly how the award of the alleged aid affects the complainant's interests.
         I.B.   Information regarding the representative of the complainant
         I.7.   If the complaint is submitted on behalf of someone else (a person or a firm), please also provide the name, address, fax, e-mail address of the representative and attach written proof that the representative is authorized to act.
         II.   Information regarding the EFTA State
         II.1.   EFTA State:
         II.2.   Level at which the alleged unlawful State aid has been granted:

                     —

                     central government

                     —

                     region (please specify)

                     —

                     other (please specify)

               III.   Information regarding the alleged aid measures complained of
         III.1.   Are you complaining about an alleged aid scheme, or an alleged individual aid?
         III.2.   When was the alleged aid given or the alleged aid scheme implemented? What is the duration of the alleged aid scheme (if known)?
         III.3.   In which economic sector(s) does this alleged aid apply?
         III.4.   What is the amount of the alleged aid? In what form is it given (loans, grants, guarantees, tax incentives or exemptions, etc.)?
         III.5.   Who is the beneficiary? In the case of a scheme, who is eligible for the alleged aid?
         Please give as much information as possible, including a description of the main activities of the firm(s) concerned.
         III.6.   For what purpose was the alleged aid given (if known)?
         IV.   Grounds of complaint
         Please explain in detail the grounds for your complaint, including the reasons why you have complained, what rules of the EEA law you think have been infringed by the granting of the alleged aid in question and how this has affected conditions of competition in the European Economic Area and trade between Contracting Parties.
         If the alleged aid has damaged your own commercial interests, please explain how.
         V.   Information on other procedures
         V.1.   Details of any approaches already made to the EFTA Surveillance Authority (if possible, attach copies of correspondence):
         V.2.   Details of any approaches made to the services of the European Commission (if possible attach copies of correspondence):
         V.3.   Approaches already made to national authorities (e.g. central, regional or local government bodies, ombudsman, etc.; if possible, attach copies of correspondence):
         V.4.   Recourse to national courts or other procedures (e.g. arbitration or conciliation). (Indicate whether there has already been a decision or award and attach a copy if appropriate):
         VI.   Supporting documents
         List any documents or evidence which have been submitted in support of the complaint, and attach copies. Whenever possible, provide a copy of the national law or other measures establishing the legal basis for the payment of the alleged aid.
         VII.   Confidentiality
         You should be aware that in order to protect the rights of defence of the EFTA State concerned, the EFTA Surveillance Authority may have to disclose your identity and any supporting documents, or their contents, to the EFTA State. Please indicate clearly, if you do not wish your identity or certain documents or information to be disclosed and clearly identify the confidential parts of any documents, giving reasons.
         Place, date and signature of complainant’


Avis juridique important

|

31977D0585

77/585/EEC: Council Decision of 25 July 1977 concluding the Convention for the protection of the Mediterranean Sea against pollution and the Protocol for the prevention of the pollution of the Mediterranean Sea by dumping from ships and aircraft

Official Journal L 240 , 19/09/1977 P. 0001 - 0002 Finnish special edition: Chapter 11 Volume 3 P. 0176  Spanish special edition: Chapter 15 Volume 2 P. 0003  Swedish special edition: Chapter 11 Volume 3 P. 0176  Portuguese special edition Chapter 15 Volume 2 P. 0003

COUNCIL DECISION  of 25 July 1977  concluding the Convention for the protection of the Mediterranean Sea against pollution and the Protocol for the prevention of the pollution of the Mediterranean Sea by dumping from ships and aircraft  (77/585/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Whereas Article 24 of the Convention for the protection of the Mediterranean Sea against pollution provides that the Convention and the Protocols relating thereto shall be open for signature by the European Economic Community;  Having regard to the declaration of the Council of the European Communities and of the representatives of the Governments of the Member States meeting in the Council of 22 November 1973 on the programme of action of the European Communities on the environment (2);  Whereas that programme lays stress inter alia on the fact that marine pollution affects the whole Community, both because of the essential role played by the sea in the preservation and development of species and on account of the importance of sea transport for the harmonious economic development of the Community;  Whereas, furthermore, the action programme referred to above and Council Directive 76/464/EEC of 4 May 1976 on pollution caused by certain dangerous substances discharged into the aquatic environment of the Community (3) provide that certain measures are to be implemented by the Community in order to reduce the various types of marine pollution;  Whereas the Convention on the protection of the Mediterranean Sea against pollution provides in particular that suitable measures should be adopted to prevent and reduce pollution caused by dumping from ships and aircraft, pollution resulting from the exploration and exploitation of the continental shelf, the seabed and its subsoil and pollution from land-based sources;  Whereas Article 23 of the Convention provides that no party may become a Contracting Party thereto unless it becomes at the same time a Contracting Party to at least one of the Protocols and that no party may become a Contracting Party to a Protocol unless it is, or becomes at the same time, a Contracting Party to the Convention;  (1)OJ No C 259, 4.11.1976, p. 42. (2)OJ No C 112, 20.12.1973, p. 1. (3)OJ No L 129, 18.5.1976, p. 23.   Whereas it appears necessary for the Community to conclude this Convention and the Protocol on the prevention of the pollution of the Mediterranean Sea by dumping from ships and aircraft in order to attain, in the course of the operation of the common market, one of the objectives of the Community in the field of the protection of the environment and of the quality of life ; whereas, moreover no provision is made in the Treaty for the powers necessary to this end;  Whereas the Convention and the said Protocol were signed on behalf of the Community on 13 September 1976,  HAS DECIDED AS FOLLOWS:    Article 1 The Convention for the protection of the Mediterranean Sea against pollution and the Protocol for the prevention of pollution of the Mediterranean Sea by dumping from ships and aircraft are hereby concluded on behalf of the European Economic Community.  The texts of the Convention and the Protocol are annexed to this Decision.   Article 2 The President of the Council of the European Communities shall on behalf of the European Economic Community deposit the act concluding the Convention provided for in Article 25 thereof (1).     Done at Brussels, 25 July 1977.  For the Council  The President  H. SIMONET  (1)The date of the entry into force of the Convention and the Protocol will be published by the General Secretariat of the Council in the Official Journal of the European Communities.


Avis juridique important

|

31976D0559

76/559/EEC: Commission Decision of 15 June 1976 setting up an Advisory Veterinary Committee

Official Journal L 171 , 30/06/1976 P. 0037 - 0039 Greek special edition: Chapter 03 Volume 15 P. 0190  Spanish special edition: Chapter 03 Volume 10 P. 0178  Portuguese special edition Chapter 03 Volume 10 P. 0178

+++++COMMISSION DECISION OF 15 JUNE 1976 SETTING UP AN ADVISORY VETERINARY COMMITTEE ( 76/559/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  WHEREAS IT IS ESSENTIAL THAT THE COMMISSION SHOULD OBTAIN THE OPINIONS OF TRADE AND PROFESSIONAL INTERESTS AND OF CONSUMERS ON THE PROBLEMS OF HARMONIZING VETERINARY LEGISLATION ;  WHEREAS THE ECONOMIC AND SOCIAL COMMITTEE STATED IN A REPORT ISSUED ON 24 MAY 1972 " THAT IT WOULD BE HIGHLY DESIRABLE THAT AN ADVISORY COMMITTEE , SIMILAR TO THOSE EXISTING IN THE CONTEXT OF THE ORGANIZATION OF AGRICULTURAL MARKETS , BE SET UP , ALONGSIDE THE STANDING COMMITTEE ON FOODSTUFFS AND THE STANDING VETERINARY COMMITTEE , CONSISTING OF REPRESENTATIVES OF THE VARIOUS ECONOMIC AND SOCIAL INTERESTS CONCERNED " ;  WHEREAS ALL THE TRADE AND PROFESSIONAL INTERESTS DIRECTLY AFFECTED BY THE HARMONIZATION OF VETERINARY LEGISLATION , AND ALSO CONSUMERS , SHOULD HAVE AN OPPORTUNITY TO PARTICIPATE IN THE FORMULATION OF OPINIONS REQUESTED BY THE COMMISSION ;  WHEREAS THE PROFESSIONAL AND TRADE ASSOCIATIONS CONCERNED WITH FARMING , INDUSTRY , COMMERCE AND WORKERS' INTERESTS AND ALSO THE CONSUMER ASSOCIATIONS IN THE MEMBER STATES HAVE ESTABLISHED ORGANIZATIONS AT COMMUNITY LEVEL ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  1 . THERE IS HEREBY ESTABLISHED BY THE COMMISSION AN ADVISORY VETERINARY COMMITTEE , HEREINAFTER CALLED " THE COMMITEE " .  2 . THE COMMITTEE SHALL CONSIST OF REPRESENTATIVES OF ORGANIZATIONS CONCERNED WITH AGRICULTURE , INDUSTRY , COMMERCE , WORKERS , CONSUMERS AND THE VETERINARY FEDERATION OF THE EUROPEAN COMMUNITY .  ARTICLE 2  1 . THE COMMITTEE MAY BE CONSULTED BY THE COMMISSION ON ANY PROBLEMS CONCERNING THE HARMONIZATION OF VETERINARY LEGISLATION .  2 . THE CHAIRMAN OF THE COMMITTEE MAY INDICATE TO THE COMMISSION THE DESIRABILITY OF ITS CONSULTING THE COMMITTEE ON ANY MATTER WITHIN THE LATTER'S COMPETENCE ON WHICH ITS OPINION HAS NOT BEEN SOUGHT .  THE CHAIRMAN SHALL SO ACT AT THE REQUEST OF ANY ONE OF THE INTEREST GROUPS REPRESENTED ON THE COMMITTEE .  ARTICLE 3  1 . THE COMMITTEE SHALL CONSIST OF 14 PERMANENT MEMBERS AND A MAXIMUM OF 24 NON-PERMANENT MEMBERS .  2 . SEATS FOR PERMANENT MEMBERS SHALL BE ALLOCATED AS FOLLOWS :  - TWO TO AGRICULTURAL PRODUCERS ,  - TWO TO AGRICULTURAL COOPERATIVES ,  - TWO TO INDUSTRY ,  - TWO TO COMMERCE ,  - TWO TO WORKERS ,  - TWO TO CONSUMERS .  3 . IN ADDITION , TWO OF THE SEATS FOR PERMANENT MEMBERS SHALL BE ALLOCATED TO REPRESENTATIVES OF THE PROFESSIONAL ORGANIZATION OF VETERINARIANS SET UP AT COMMUNITY LEVEL .  4 . THE INTEREST GROUPS LISTED IN ARTICLE 3 ( 2 ) MAY EACH APPOINT A MAXIMUM OF FOUR NON-PERMANENT MEMBERS .  ARTICLE 4  1 . THE PERMANENT MEMBERS OF THE COMMITTEE SHALL BE APPOINTED BY THE COMMISSION UPON PROPOSALS FROM THE FOLLOWING BODIES :  - FOR SEATS ALLOCATED UNDER ARTICLE 3 ( 2 ) :  AGRICULTURAL PRODUCERS :  THE COMMITTEE OF AGRICULTURAL ORGANIZATIONS IN THE EUROPEAN ECONOMIC COMMUNITY ( COPA ) .  AGRICULTURAL COOPERATIVES :  THE GENERAL COMMITTEE ON AGRICULTURAL COOPERATION OF THE EUROPEAN ECONOMIC COMMUNITY ( COGECA ) .  INDUSTRY :  THE UNION OF INDUSTRIES OF THE EUROPEAN COMMUNITY ( UNICE ) .  COMMERCE :  THE COMMITTEE OF COMMERCIAL ORGANIZATIONS IN THE EEC COUNTRIES ( COCCEE ) .  WORKERS :  THE EUROPEAN TRADE UNION CONFEDERATION ( ETUC ) .  CONSUMERS :  THE CONSUMERS' CONSULTATIVE COMMITTEE SET UP BY THE COMMISSION DECISION OF 25 SEPTEMBER 1973 .  - FOR SEATS ALLOCATED UNDER ARTICLE 3 ( 3 ) :  THE FEDERATION OF VETERINARIANS OF THE EUROPEAN ECONOMIC COMMUNITY .  2 . THE SAID BODIES SHALL PUT FORWARD TWO CANDIDATES OF DIFFERENT NATIONALITY IN RESPECT OF EACH SEAT TO BE FILLED .  3 . THE BODIES REFERRED TO IN THE FIRST INDENT OF PARAGRAPH 1 SHALL PROPOSE TO THE COMMISSION BY LETTER ADDRESSED AT LEAST EIGHT DAYS BEFORE EACH MEETING TO THE DEPARTEMENT OF THE COMMISSION RESPONSIBLE FOR THE PROVISION OF SECRETARIAL SERVICES PURSUANT TO ARTICLE 9 ( 3 ) THEIR OTHER REPRESENTATIVES ON THE COMMITTEE .  ARTICLE 5  1 . THE TERM OF OFFICE OF A PERMANENT MEMBER SHALL BE THREE YEARS AND SHALL BE RENEWABLE . MEMBERS SHALL NOT BE REMUNERATED FOR THEIR SERVICES .  AFTER EXPIRY OF THE THREE-YEAR PERIOD , PERMANENT MEMBERS OF THE COMMITTEE SHALL REMAIN IN OFFICE UNTIL THEY ARE REPLACED OR UNTIL THEIR APPOINTMENTS ARE RENEWED .  THE TERM OF OFFICE OF A PERMANENT MEMBER OF THE COMMITTEE SHALL BE TERMINATED BEFORE EXPIRY OF THE THREE-YEAR PERIOD BY RESIGNATION OR DEATH .  THE TERM OF OFFICE OF A PERMANENT MEMBER MAY ALSO BE TERMINATED WHEN THE BODY WHICH PROPOSED HIM REQUESTS THAT HE BE REPLACED . IN SUCH A CASE , HE SHALL BE REPLACED FOR THE REMAINDER OF THE SAID TERM IN ACCORDANCE WITH THE PROCEDURE LAID DOWN IN ARTICLE 4 ( 1 ) AND ( 2 ) .  2 . A LIST OF THE PERMANENT MEMBERS SHALL BE PUBLISHED BY THE COMMISSION FOR INFORMATION PURPOSES IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  ARTICLE 6  1 . THE PERMANENT MEMBERS SHALL ELECT FROM AMONG THEIR NUMBER FOR A TERM OF THREE YEARS A CHAIRMAN OF THE COMMITTEE AND TWO VICE-CHAIRMEN .  2 . ON A FIRST BALLOT THIS ELECTION SHALL REQUIRE A TWO-THIRDS MAJORITY OF THE PERMANENT MEMBERS PRESENT AND ON SUBSEQUENT BALLOTS A SIMPLE MAJORITY OF THE PERMANENT MEMBERS PRESENT .  3 . THE VICE-CHAIRMEN SHALL BE ELECTED FROM THE REPRESENTATIVES OF AN INTEREST GROUP OR THE ORGANIZATION REFERRED TO IN THE LAST INDENT OF ARTICLE 4 ( 1 ) , OTHER THAN THAT TO WHICH THE CHAIRMAN BELONGS .  THE COMMITTEE MAY , UNDER THE SAME PROCEDURE , APPOINT OTHER OFFICERS OF THE COMMITTEE . IN THAT EVENT , IN ADDITION TO THE CHAIRMAN , THE OFFICERS SHALL NOT INCLUDE MORE THAN ONE REPRESENTATIVE FROM EACH OF THE INTEREST GROUPS REPRESENTED ON THE COMMITTEE .  THE OFFICERS SHALL PREPARE AND ORGANIZE THE WORK OF THE COMMITTEE .  ARTICLE 7  THE CHAIRMAN MAY INVITE ANY PERSON WITH SPECIAL QUALIFICATIONS IN ONE OF THE ITEMS ON THE AGENDA TO TAKE PART IN AN EXPERT CAPACITY IN THE PROCEEDINGS OF THE COMMITTEE AND OF ITS WORKING GROUPS .  SUCH EXPERTS SHALL TAKE PART ONLY IN THE DISCUSSION OF THE ITEM FOR WHICH THEY ARE INVITED .  ARTICLE 8  THE COMMITTEE MAY SET UP WORKING GROUPS .  THE FUNCTION OF WORKING GROUPS SHALL BE TO REPORT TO THE COMMITTEE ON SUBJECTS DECIDED BY IT .  ARTICLE 9  1 . THE COMMITTEE SHALL BE CONVENED BY THE COMMISSION AND SHALL MEET AT COMMISSION HEADQUARTERS . THE OFFICERS OF THE COMMITTEE SHALL BE CONVENED BY THE CHAIRMAN IN AGREEMENT WITH THE COMMISSION .  2 . REPRESENTATIVES OF THE COMMISSION DEPARTMENTS CONCERNED SHALL TAKE PART IN MEETINGS OF THE COMMITTEE , OF THE OFFICERS AND OF WORKING GROUPS .  3 . THE COMMISSION SHALL PROVIDE SECRETARIAL SERVICES FOR THE COMMITTEE AND ITS WORKING GROUPS .  ARTICLE 10  THE COMMITTEE SHALL DISCUSS MATTERS ON WHICH THE COMMISSION HAS REQUESTED AN OPINION . NO VOTE SHALL BE TAKEN .  THE COMMISSION MAY , WHEN SEEKING THE OPINION OF THE COMMITTEE , SET A TIME LIMIT WITHIN WHICH SUCH OPINION SHALL BE GIVEN .  THE VIEWS EXPRESSED BY THE VARIOUS INTEREST GROUPS REPRESENTED SHALL BE RECORDED IN A REPORT , WHICH SHALL BE FORWARDED TO THE COMMISSION .  IN THE EVENT OF UNANIMOUS AGREEMENT BEING REACHED IN THE COMMITTEE ON THE OPINION TO BE GIVEN , THE COMMITTEE SHALL FORMULATE JOINT CONCLUSIONS WHICH SHALL BE ANNEXED TO THE REPORT .  THE OUTCOME OF THE COMMITTEE'S DISCUSSIONS SHALL BE COMMUNICATED BY THE COMMISSION TO THE COUNCIL AND TO THE STANDING VETERINARY COMMITTEE , AT THE REQUEST OF THE LATTER .  ARTICLE 11  WITHOUT PREJUDICE TO ARTICLE 214 OF THE TREATY , WHERE THE COMMISSION INFORMS PARTICIPANTS AT COMMITTEE MEETINGS THAT THE OPINION REQUESTED OR THE QUESTION RAISED IS ON A MATTER OF A CONFIDENTIAL NATURE , SUCH PERSONS SHALL BE UNDER AN OBLIGATION NOT TO DISCLOSE INFORMATION WHICH HAS COME TO THEIR KNOWLEDGE THROUGH THE WORK OF THE COMMITTEE OR OF ITS WORKING GROUPS .  ARTICLE 12  THIS DECISION SHALL ENTER INTO FORCE ON 15 JUNE 1976 .  DONE AT BRUSSELS , 15 JUNE 1976 .  FOR THE COMMISSION  P . J . LARDINOIS  MEMBER OF THE COMMISSION


Avis juridique important

|

31995D1221(01)

Council Decision of 8 December 1995 appointing two members and two alternate members of the Advisory Committee on Medical Training

Official Journal C 343 , 21/12/1995 P. 0001 - 0002

COUNCIL DECISION of 8 December 1995 appointing two members and two alternate members of the Advisory Committee on Medical Training (95/C 343/01)THE COUNCIL OF THE EUROPEAN UNION,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,Whereas, by its Decision of 25 July 1994 (2), the Council appointed:- Mr Erling Egelund SCHMIDT, member,- Mr Sten Juhl CHRISTOPHERSEN, alternate member,- Prof. Geoffrey BOURKE, member, and- Dr J. F. McKENNA, alternate memberto the Committee for the period ending 24 July 1997;Whereas the Danish Government has nominated Mr Steen POULSEN to replace Mr Erling Egelund SCHMIDT and Mr Peter MORTENSEN to replace Mr Sten Juhl CHRISTOPHERSEN;Whereas the Irish Government has nominated Dr Patrick FINNEGAN to replace Prof. Geoffrey BOURKE;Whereas the United Kingdom Government has nominated Dr Jeremy METTERS to replace Dr J. F. McKENNA,HAS DECIDED AS FOLLOWS:Article 1 Mr Steen POULSEN is hereby appointed a member of the Advisory Committee on Medical Training on place of Mr Erling Egelund SCHMIDT for the remainder of the latter's term of office, which ends on 24 July 1997.Article 2 Mr Peter MORTENSEN is hereby appointed an alternate member of the Advisory Committee on Medical Training in place of Mr Sten Juhl CHRISTOPHERSEN for the remainder of the latter's term of office, which ends on 24 July 1997.Article 3 Dr Patrick FINNEGAN is hereby appointed a member of the Advisory Committee on Medical Training in place of Prof. Geoffrey BOURKE for the remainder of the latter's term of office, which ends on 24 July 1997.Article 4 Dr Jeremy METTERS is hereby appointed an alternate member of the Advisory Committee on Medical Training in place of Dr J. F. McKENNA for the remainder of the latter's term of office, which ends on 24 July 1997.Done at Brussels, 8 December 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

|

31997D0741

97/741/EC: Council Decision of 24 July 1997 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Russian Federation establishing a double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from the Russian Federation to the European Community

Official Journal L 300 , 04/11/1997 P. 0036 - 0036

COUNCIL DECISION of 24 July 1997 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the Russian Federation establishing a double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from the Russian Federation to the European Community (97/741/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), first sentence thereof,Having regard to the proposal from the Commission,Whereas Council Decision 95/414/EC (1) and Commission Decision 95/415/Euratom, ECSC (2) concluded the Interim Agreement on trade and trade-related matters between the European Community, the European Coal and Steel Community and the European Atomic Energy Community, of the one part, and the Russian Federation, of the other part (3), which entered into force on 1 February 1996; whereas the Agreement on Partnership and Cooperation between the European Communities and their Member States and the Russian Federation, signed in Corfu on 24 June 1994 will, on its entry into force, replace the Interim Agreement;Whereas the Commission has finalized negotiations for an Agreement in the form of an Exchange of Letters between the European Community and the Russian Federation establishing a double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from the Russian Federation to the European Community;HAS DECIDED AS FOLLOWS:Sole Article1. The Agreement in the form of an Exchange of Letters between the European Community and the Russian Federation establishing a double-checking system without quantitative limits in respect of the export of certain steel products covered by the EC and ECSC Treaties from the Russian Federation to the European Community is hereby approved on behalf of the European Community.2. The text of the Agreement is attached to this Decision.Done at Brussels, 24 July 1997.For the CouncilThe PresidentM. FISCHBACH(1) OJ L 247, 13. 10. 1995, p. 1.(2) OJ L 247, 13. 10. 1995, p. 30.(3) OJ L 247, 13. 10. 1995, p. 2.


title: Decision of the Board of Governors of 31 December 2012 on the increase in the capital of the European Investment Bank

text:
               6.4.2013

               EN

               Official Journal of the European Union

               C 100/7

         DECISION OF THE BOARD OF GOVERNORS
   of 31 December 2012
   on the increase in the capital of the European Investment Bank
   2013/C 100/03
   THE BOARD OF GOVERNORS OF THE EUROPEAN INVESTMENT BANK,
   HAVING REGARD to Articles 4(3) and 5(2) of the Statute,
   WHEREAS:

               (1)

               The task of the Bank is set out in Article 309 of the Treaty on the Functioning of the European Union.

               (2)

               The recent economic developments in the EU call for enhanced action to be undertaken by the EIB, in particular with a view to respond to the European Council invitation to contribute to sustainable growth and employment in the EU.

               (3)

               A capital increase with an actual cash payment by existing shareholders is considered as the most effective way to reinforce the EIB’s lending capacity while strengthening the capital position of the EIB, thus responding to the current needs, whilst making sure that its highest credit standing in the financial markets is maintained.

               (4)

               It is crucial that all available EIB financing in the EU makes an optimal contribution to sustainable growth and employment in all Member States, particularly in the less developed regions.

               (5)

               While the EIB will maintain a sectoral approach in line with the Europe 2020 objectives, the Bank will develop, in cooperation with Member States, result-driven investment strategies properly tuned to regional growth priorities to be used from 2013 onwards.

               (6)

               The quality of the Bank’s loan portfolio should be maintained at the highest standard and the Bank should remain an attractive partner in all EU Member States, and should ensure an optimal value added of its operations.

               (7)

               According to the deliberations of the Board of Directors on the Bank's requirements for the capital at its meeting on 24 July 2012, the subscribed capital of the Bank should be increased to EUR 242 392 989 000; the portion to be paid in should increase from 5 % to 8,919255272 % of the subscribed capital, funded by the Member States in proportion to their current share of EIB capital, and the reserve fund should progressively be rebuilt by the Bank to its statutory requirement of 10 % of the subscribed capital,

         BEARING IN MIND that, on 1 July 2013, following the entry into force of the Treaty of Accession of Croatia, Croatia will become a member of the Bank; on this occasion, a further capital increase shall be considered with a view to maintain the alignment between Croatia’s shareholding in the Bank and its relative gross domestic product within the European Union published by Eurostat before accession,
   UNANIMOUSLY DECIDED, on a proposal from the Board of Directors, in accordance with Articles 4(3) and 5(2) of the Statute, that:

               1.

               With effect from 31 December 2012, the capital of the Bank shall be increased as follows:
               The capital subscribed by the Member States shall be raised pro rata by EUR 10 billion, namely from EUR 232 392 989 000 to EUR 242 392 989 000. This aggregate capital contribution shall be distributed across Member States as described below:

                           Germany

                           1 617 003 000

                           France

                           1 617 003 000

                           Italy

                           1 617 003 000

                           United Kingdom

                           1 617 003 000

                           Spain

                           970 202 000

                           Belgium

                           448 222 000

                           Netherlands

                           448 222 000

                           Sweden

                           297 351 000

                           Denmark

                           226 947 500

                           Austria

                           222 499 500

                           Poland

                           206 984 000

                           Finland

                           127 834 500

                           Greece

                           121 579 000

                           Portugal

                           78 351 000

                           Czech Republic

                           76 379 000

                           Hungary

                           72 258 000

                           Ireland

                           56 737 000

                           Romania

                           52 395 000

                           Slovakia

                           25 999 500

                           Slovenia

                           24 138 000

                           Bulgaria

                           17 652 000

                           Lithuania

                           15 146 000

                           Luxembourg

                           11 347 500

                           Cyprus

                           11 127 000

                           Latvia

                           9 243 000

                           Estonia

                           7 138 000

                           Malta

                           4 235 500

                     This capital shall be deemed to be part of the subscribed and paid-in capital, thus increasing the Bank's paid-in capital from EUR 11 619 649 450 to EUR 21 619 649 450.

               2.

               The portion to be paid-in by Member States shall increase from 5 % to 8,919255272 % on average of the subscribed capital, as a result of the present increase.

               3.

               Each Member State shall pay its share in the capital increase as soon as possible after the date of approval by the Board of Governors, but no later than 31 March 2013. However, Member States which have notified the Bank on or before 14 September 2012 will be allowed to pay their respective share of the capital increase in three instalments, 50 % no later than 31 March 2013 and the remaining 50 % in two equal instalments no later than 31 March 2014 and 31 March 2015,

         CONSEQUENTLY:

               4.

               The Bank's Statute shall be amended, as from 31 December 2012, as follows:

                           The first subparagraph of Article 4(1) of the Bank's Statute shall read:

                              ‘The capital of the Bank shall be EUR 242 392 989 000, subscribed by the Member States as follows:

                                          Germany

                                          39 195 022 000

                                          France

                                          39 195 022 000

                                          Italy

                                          39 195 022 000

                                          United Kingdom

                                          39 195 022 000

                                          Spain

                                          23 517 013 500

                                          Belgium

                                          10 864 587 500

                                          Netherlands

                                          10 864 587 500

                                          Sweden

                                          7 207 577 000

                                          Denmark

                                          5 501 052 500

                                          Austria

                                          5 393 232 000

                                          Poland

                                          5 017 144 500

                                          Finland

                                          3 098 617 500

                                          Greece

                                          2 946 995 500

                                          Portugal

                                          1 899 171 000

                                          Czech Republic

                                          1 851 369 500

                                          Hungary

                                          1 751 480 000

                                          Ireland

                                          1 375 262 000

                                          Romania

                                          1 270 021 000

                                          Slovakia

                                          630 206 000

                                          Slovenia

                                          585 089 500

                                          Bulgaria

                                          427 869 500

                                          Lithuania

                                          367 127 000

                                          Luxembourg

                                          275 054 500

                                          Cyprus

                                          269 710 500

                                          Latvia

                                          224 048 000

                                          Estonia

                                          173 020 000

                                          Malta

                                          102 665 000’.

                           The first paragraph of Article 5 of the Bank's Statute shall be amended as set out below:

                              ‘The subscribed capital shall be paid in by Member States to the extent of 8,919255272 % on average of the amounts laid down in Article 4(1).’

               5.

               This decision shall be published in the Official Journal of the European Union.

            For the Board of Governors

            The Chairman

         G. MATOLCSY

            The Secretary

         A. QUEREJETA