title: 2006/808/EC,Euratom: Decision of the European Parliament of 27 April 2006 on the discharge for implementation of the European Union general budget for the financial year 2004, Section III — Commission

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/1

      DECISION OF THE EUROPEAN PARLIAMENT

   of 27 April 2006
   on the discharge for implementation of the European Union general budget for the financial year 2004, Section III — Commission
   (2006/808/EC, Euratom)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2004 (1),

               —

               having regard to the final accounts of the European Communities for the financial year 2004, Volume I — Consolidated reports on implementation of the budget and consolidated financial statements (SEC(2005)1158 — C6-0352/2005 — SEC(2005)1159 — C6-0351/2005) (2),

               —

               having regard to the Commission's report on the follow-up to 2003 Discharge Decisions (COM(2005)0449 and COM(2005)0448) and the Commission staff working paper — Annex to the Report from the Commission to the European Parliament on the follow-up to 2003 Discharge Decisions (SEC(2005)1161),

               —

               having regard to the Commission communication on 2004 Synthesis (COM(2005)0256),

               —

               having regard to the Commissions's Annual Report to the Discharge Authority on Internal Audits carried out in 2004 (COM(2005)0257),

               —

               having regard to Opinion No 2/2004 of the Court of Auditors on the ‘single audit’ model (and a proposal for a Community internal control framework) (3),

               —

               having regard to the communication from the Commission to the Council, the European Parliament and the European Court of Auditors of 15 June 2005 on a roadmap to an integrated internal control framework (COM(2005)0252),

               —

               having regard to the communication from the Commission to the Council, the European Parliament and the European Court of Auditors — Commission Action Plan towards an Integrated Internal Control Framework (COM(2006)0009),

               —

               having regard to the Court of Auditors' annual report for the financial year 2004, accompanied by the replies of the institutions audited (4),

               —

               having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (5),

               —

               having regard to the Council's recommendation of 14 March 2006 (5971/2006 — C6-0092/2006),

               —

               having regard to Articles 274, 275 and 276 of the EC Treaty and Articles 179a and 180b of the Euratom Treaty,

               —

               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 (6), and in particular Articles 145, 146 and 147 thereof,

               —

               having regard to Rule 70 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A6-0108/2006),

               A.

               whereas under Article 274 of the EC Treaty the Commission implements the budget on its own responsibility, having regard to the principles of sound financial management,

               1.

               Grants discharge to the Commission for implementation of the European Union general budget for the financial year 2004;

               2.

               Sets out its comments in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution that forms an integral part of it to the Council, the Commission, the Court of Justice, the Court of Auditors and the European Investment Bank and to the national and regional audit institutions of the Member States and to have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ L 53, 23.2.2004.

      (2)  OJ C 302, 30.11.2005, p. 1.

      (3)  OJ C 107, 30.4.2004, p. 1.

      (4)  OJ C 301, 30.11.2005, p. 1.

      (5)  OJ C 302, 30.11.2005, p. 100.

      (6)  OJ L 248, 16.9.2002, p. 1.


title: 2009/225/EC: Decision of the European Parliament of 22 April 2008 on discharge in respect of the implementation of the budget of the European Railway Agency for the financial year 2006

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/209

         DECISION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   on discharge in respect of the implementation of the budget of the European Railway Agency for the financial year 2006
   (2009/225/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Railway Agency for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Railway Agency for the financial year 2006, together with the Agency's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (4), and in particular Article 39 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A6-0123/2008),

               1.

               Grants the Executive Director of the European Railway Agency discharge in respect of the implementation of the Agency's budget for the financial year 2006;

               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 European Railway 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

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 261, 31.10.2007, p. 54.

      (2)  OJ C 309, 19.12.2007, p. 67.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 164, 30.4.2004, p. 1; corrected by OJ L 220, 21.6.2004, p. 3.

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

               31.3.2009

               EN

               Official Journal of the European Union

               L 88/210

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the European Railway Agency for the financial year 2006
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Railway Agency for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Railway Agency for the financial year 2006, together with the Agency's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 881/2004 of the European Parliament and of the Council of 29 April 2004 establishing a European Railway Agency (4), and in particular Article 39 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A6-0123/2008),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurance that the annual accounts for the financial year 2006 are reliable, and the underlying transactions, subject to one exception, are legal and regular,

               B.

               whereas 2006 was the Agency's first year of financial autonomy;

         General points which relate to horizontal issues affecting the EU agencies and which therefore also have a bearing on the discharge procedure for each individual agency

               1.

               Notes that the budgets of the 24 agencies and other satellite bodies audited by the Court of Auditors totalled EUR 1 080,5 million in 2006 (the biggest being that of the European Agency for Reconstruction at EUR 271 million and the smallest being that of the European Police College (CEPOL) at EUR 5 million);

               2.

               Points out that the range of external EU bodies subject to audit and discharge now includes not only traditional regulatory agencies but also executive agencies set up to implement specific programmes, and will in the near future also extend to joint undertakings set up as public-private partnerships (joint technology initiatives);

               3.

               Observes as regards the Parliament that the number of agencies subject to the discharge procedure has evolved as follows: financial year 2000: 8; 2001: 10; 2002: 11; 2003: 14; 2004: 14; 2005: 16; 2006: 20 regulatory agencies and two executive agencies (not including two agencies which are audited by the Court of Auditors but subject to an internal discharge process);

               4.

               Concludes therefore that the auditing/discharge process has become cumbersome and disproportionate compared to the relative size of the agencies'/satellite bodies' budgets; instructs its competent committee to undertake a wide-ranging review of the discharge process as regards agencies and satellite bodies with a view to devising a simpler and more rational approach, bearing in mind the ever-growing number of bodies each requiring a separate discharge report in future years;

         Fundamental considerations

               5.

               Requests that the Commission provide clear explanations regarding the following elements before the creation of a new agency or reform of an existing agency: agency type, objectives of the agency, internal governance structure, products, services, key procedures, target group, clients and stakeholders of the agency, formal relationship with external actors, budget responsibility, financial planning, and personnel and staffing policy;

               6.

               Requests that each agency be governed by a yearly performance agreement which is formulated by the agency and the responsible DG and which should contain the main objectives for the coming year, a financial framework and clear indicators to measure performance;

               7.

               Requests that the performance of the agencies be regularly (and on an ad-hoc basis) audited by the Court of Auditors or another independent auditor; considers that this should not be limited to traditional elements of financial management and the proper use of public money, but should also cover administrative efficiency and effectiveness and should include a rating of the financial management of each agency;

               8.

               Takes the view that in the case of agencies which are continually overestimating their respective budget needs, technical abatement should be made on the basis of vacant posts; is of the opinion that this will lead in the long run to less assigned revenue for the agencies and therefore also to lower administrative costs;

               9.

               Notes that it is a serious problem that a number of agencies is criticised for not following rules on public procurement, the Financial Regulation, the Staff Regulations, etc.; considers that the principal reason for this is that most regulations and the Financial Regulation are designed for bigger institutions and that most of the small agencies do not have the critical mass to be able to cope with these regulatory requirements; therefore asks the Commission to look for a rapid solution in order to enhance the effectiveness by grouping the administrative functions of various agencies together, in order to achieve this critical mass (taking into consideration the necessary changes in the basic regulations governing the agencies and their budgetary independence), or urgently to draft specific rules for the agencies (in particular implementing rules for the agencies) which allow them to be in full compliance;

               10.

               Insists that the Commission, when drafting the Preliminary Draft Budget, take into consideration the results of budget implementation by the individual agencies in former years, in particular in year n-1, and revise the budget requested by the particular agency accordingly; invites its competent committee to respect this revision and, if not undertaken by the Commission, to revise itself the budget in question to a realistic level matching the absorption and implementation capacity of the agency in question;

               11.

               Recalls its decision on discharge in respect of the financial year 2005, in which it invited the Commission to present every five years a study on the added value of every existing agency; invites all relevant institutions in the case of a negative evaluation of the added value of an agency to take the necessary steps by reformulating the mandate of that agency or by closing it; notes that there has not been one single evaluation undertaken by the Commission in 2007; insists that the Commission should present at least five such evaluations before the decision on discharge in respect of the financial year 2007, starting with the oldest agencies;

               12.

               Is of the opinion that recommendations of the Court of Auditors should be promptly implemented and the level of subsidies paid to the agencies should be aligned with their real cash requirements; considers further that the amendments to the general Financial Regulation should be incorporated into the agencies' framework financial regulation and into their various specific financial regulations;

         Presentation of reporting data

               13.

               Notes that there is no standard approach among the agencies with regard to the presentation of their activities during the financial year in question and of their accounts and reports on budgetary and financial management, nor to the question as to whether a declaration of assurance should be drawn up by the agency's director; observes that not all agencies clearly distinguish between (a) presenting the agency's work to the public; and (b) technical reporting on budgetary and financial management;

               14.

               Notes that while the Commission's standing instructions for the preparation of activity reports do not expressly require the agency to draw up a declaration of assurance, many directors have none the less done so for 2006, in one case including an important reservation;

               15.

               Recalls its resolution of 12 April 2005 (6), inviting the directors of the agencies from now on to accompany their annual activity report, which is presented together with financial and management information, with a declaration of assurance concerning the legality and regularity of operations, similar to the declarations signed by the Directors-General of the Commission;

               16.

               Asks the Commission to amend its standing instructions to the agencies accordingly;

               17.

               Suggests in addition that the Commission should work with the agencies towards producing a harmonised model applicable to all agencies and satellite bodies clearly distinguishing between:

                           —

                           an annual report intended for a general readership on the body's operations, work and achievements,

                           —

                           financial statements and a report on implementation of the budget,

                           —

                           an activity report along the lines of the activity reports of the Directors-General of the Commission,

                           —

                           a declaration of assurance signed by the body's director, together with any reservations or observations which he considers it appropriate to draw to the attention of the discharge authority;

         General findings by the Court of Auditors

               18.

               Notes the Court's finding (Annual Report, paragraph 10.29 (7)) that the disbursement of subsidies paid by the Commission from the Community budget is not based on sufficiently justified estimates of the agencies' cash requirements and that this, combined with the size of carry-overs, leads them to hold sizeable cash balances; notes further the Court's recommendation that the level of subsidies paid to the agencies should be in line with their real cash requirements;

               19.

               Notes that at the end of 2006 14 agencies had still to implement the ABAC accounting system (Annual Report, footnote to paragraph 10.31);

               20.

               Notes the Court's remark (Annual Report, paragraph 1.25) concerning accrued charges for untaken leave which are accounted for by some agencies; points out that the Court of Auditors has qualified its statement of assurance in the case of three agencies (European Centre for the Development of Vocational Training (Cedefop), CEPOL and the European Railway Agency) for the financial year 2006 (2005: Cedefop, European Food Safety Authority, European Agency for Reconstruction);

         Internal audit

               21.

               Recalls that in accordance with Article 185(3) of the Financial Regulation the Internal Auditor of the Commission is also the internal auditor of the regulatory agencies receiving grants charged to the EU budget; points out that the Internal Auditor reports to each agency's management board and director;

               22.

               Draws attention to the reservation entered in the Internal Auditor's Annual Activity Report for 2006 as follows:
               ‘The Internal Auditor of the Commission is not in a position to properly fulfil his obligation assigned by Article 185 of the Financial Regulation as internal auditor of the Community bodies due to a lack of staff resources.’;

               23.

               Notes, however, the Internal Auditor's remark in his activity report for 2006 that as from 2007, with the additional staff resources granted by the Commission to the Internal Audit Service (IAS), all regulatory agencies in operation will be subject to internal audit work on an annual basis;

               24.

               Notes the ever-growing number of regulatory and executive agencies and joint undertakings required to be audited by the IAS under Article 185 of the Financial Regulation; asks the Commission to inform its competent committee as to whether the staff resources at the IAS's disposal will be sufficient to conduct an annual audit of all such bodies in the coming years;

               25.

               Observes that Article 72(5) of Regulation (EC, Euratom) No 2343/2002 requires each agency to send each year to the discharge authority and the Commission a report drawn up by its director summarising the number and type of internal audits conducted by the internal auditor, the recommendations made and the action taken on these recommendations; asks the agencies to indicate whether this is done and, if so, how;

               26.

               Takes note, as regards internal audit capability, especially in relation to the smaller agencies, of a proposal made by the Internal Auditor before Parliament's competent committee on 14 September 2006 that smaller agencies should be authorised to buy in internal audit services from the private sector;

         Evaluation of agencies

               27.

               Recalls the joint statement by the Parliament, the Council and the Commission (8) negotiated at the conciliation before the Ecofin budget Council of 13 July 2007 calling for (i) a list of agencies which the Commission intends to assess; and (ii) a list of the agencies already assessed, together with a summary of the major findings;

         Disciplinary procedures

               28.

               Notes that, because of their size, individual agencies have difficulty in setting up ad-hoc disciplinary boards composed of staff at the appropriate career grade and that the Commission's IDOC (Investigation and Disciplinary Office) is not competent for agencies; calls on the agencies to consider an inter-agency disciplinary board;

         Draft Interinstitutional Agreement

               29.

               Recalls the draft Interinstitutional Agreement on the operating framework for the European regulatory agencies presented by the Commission (COM(2005) 59), which was intended to create a horizontal framework for the creation, structure, operation, evaluation and control of the European regulatory agencies; notes that the draft represents a useful initiative in the effort to rationalise the creation and running of agencies; notes the statement in the Commission's 2006 synthesis report (paragraph 3.1, COM(2007) 274) that although progress in negotiations stalled after publication of the draft, discussions on substance were relaunched in the Council at the end of 2006; regrets that it has not been possible to make further progress towards adoption;

               30.

               Welcomes therefore the Commission's commitment to bring forward a communication on the future of the regulatory agencies during the course of 2008;

         Self-financed agencies

               31.

               Recalls that for the two self-financing agencies, discharge is given to the director by the administrative board; notes that both have significant accumulated surpluses from fee income carried over from previous years' figures, as follows:

                           —

                           Office for Harmonization of the Internal Market cash and cash equivalents: EUR 281 million (9),

                           —

                           Community Plant Variety Office cash and cash equivalents: EUR 18 million (10);

         Specific points

               32.

               Welcomes the fact that the Court of Auditors found the Agency's accounts for 2006 to be in all material respects reliable;

               33.

               Regrets however the fact that the use of expired contracts and irregular extensions to existing contracts means that it cannot be stated that all underlying transactions are legal and regular;

               34.

               Notes that the Agency had EUR 14,4 million in commitment appropriations and EUR 14,4 million in payment appropriations from the general budget of the European Union for the financial year 2006;

               35.

               Notes the Court's finding that in its first year of financial autonomy the Agency implemented 72 % of its commitment appropriations, but that the levels of carry-over for administrative expenditure (Title II) and operating expenditure (Title III) were 37,5 % and 85 % respectively;

               36.

               Expresses concern that the internal control system showed weaknesses in that sub-delegations were not granted according to the rules; there were inconsistencies between delegation decisions and access rights to the budgetary management system SI2; notes the Court's finding that the Agency did not adopt implementing rules for its financial regulation;

               37.

               Acknowledges, however, the Agency's reply that during 2006 the programmed activities were not fully implemented as the Agency was still in its start-up phase, and that in 2007 the Agency would undertake an in-depth analysis of the programming of its activities, the resources required and the budget to be allocated, together with a plan for calls for tenders;

               38.

               Notes from the Agency's financial statements that the administrative board has given a positive opinion on the Agency's 2006 accounts;

               39.

               Notes from the Agency's annual report for 2006 that the executive director in his capacity as authorising officer has given an unqualified declaration of assurance;

               40.

               Notes from the Agency's annual report that, following an audit mission by the IAS, the Agency adopted an action plan aiming at the implementation of the 24 internal control standards by early 2008;

               41.

               Takes note of the Agency's difficulties in recruiting technical staff at the appropriate level of expertise having regard to salary levels, the Agency's location and the limited duration of contracts which it is able to offer; recognises that, in general, low recruitment was the main factor in the reduced implementation of the Agency's budget;

               42.

               Acknowledges the information provided by the Agency to the effect that it has now recruited a procurement officer and an internal auditor to improve the procurement function.

      (1)  OJ C 261, 31.10.2007, p. 54.

      (2)  OJ C 309, 19.12.2007, p. 67.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 164, 30.4.2004, p. 1; corrected by OJ L 220, 21.6.2004, p. 3.

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

      (6)  All resolutions regarding the agencies were published in OJ L 196, 27.7.2005.

      (7)  OJ C 273, 15.11.2007, p. 1.

      (8)  Council document DS 605/1/07 Rev1.

      (9)  Source: report on the annual accounts of the Office for Harmonization in the Internal Market for the financial year 2006, together with the Office's replies (OJ C 309, 19.12.2007, p. 141).

      (10)  Source: report on the annual accounts of the Community Plant Variety Office for the financial year 2006, together with the Office's replies (OJ C 309, 19.12.2007, p. 135).


title: Council Decision 2005/805/CFSP of 21 November 2005 implementing Joint Action 2005/556/CFSP appointing a Special Representative of the European Union for Sudan

text:
               22.11.2005

               EN

               Official Journal of the European Union

               L 303/59

      COUNCIL DECISION 2005/805/CFSP
   of 21 November 2005
   implementing Joint Action 2005/556/CFSP appointing a Special Representative of the European Union for Sudan
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Joint Action 2005/556/CFSP of 18 July 2005 appointing a Special Representative of the European Union for Sudan (1), and in particular Article 5(1) thereof, in conjunction with Articles 14, 18(5) and 23(2) of the Treaty on European Union,
   Whereas:

               (1)

               On 18 July 2005 the Council adopted Joint Action 2005/556/CFSP appointing a Special Representative of the European Union (EUSR) for Sudan.

               (2)

               On 21 November 2005 the Council adopted Decision 2005/806/CFSP implementing Joint Action 2005/557/CFSP on the European Union civilian-military supporting action to the African Union mission in the Darfur region of Sudan (2), whereby a new financial reference amount intended to cover expenditure related to the implementation of section II of Joint Action 2005/557/CFSP (3) was set for a further 6-month period.

               (3)

               As a consequence, the Council should decide on the financial reference amount for the continuation of Joint Action 2005/556/CFSP for a further 6-month period.

               (4)

               The EUSR will implement his mandate in the context of a situation which may deteriorate and could harm the objectives of the CFSP as set out in Article 11 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   The financial reference amount intended to cover the expenditure related to the continuation of Joint Action 2005/556/CFSP from 18 January until 17 July 2006 shall be EUR 600 000.
   Article 2
   This Decision shall take effect on the day of its adoption.
   The expenditure shall be eligible from 18 January 2006.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 21 November 2005.

            For the Council

            The President

         J. STRAW

      (1)  OJ L 188, 20.7.2005, p. 43.

      (2)  See page 60 in this Official Journal.

      (3)  OJ L 188, 20.7.2005, p. 46.


21.11.2002       EN                        Official Journal of the European Communities                            C 284 E/167
                                                                                Wednesday 6 February 2002
                                                       TEXTS ADOPTED
           P5_TA(2002)0036
           Numerical strength of committees
                          European Parliament decision on the numerical strength of committees
           The European Parliament,
               having regard to Rule 150(1) of its Rules of Procedure,
               having regard to its decision of 16 January 2002 on the numerical strength of committees (1),
           1.    Decides to amend the number of members of committees as follows:
           VIII. Committee on Employment and Social Affairs: 51 members
           XIII. Committee on Culture, Youth, Education, the Media and Sport: 37 members
           XIV. Committee on Development and Cooperation: 33 members
           (1) ‘Texts Adopted’, P5_TA(2002)0001.
           P5_TA(2002)0037
           Numerical strength of interparliamentary delegations
                European Parliament decision on the numerical strength of interparliamentary delegations
           The European Parliament,
               having regard to Rule 168 of its Rules of Procedure,
               having regard to its decision of 21 July 1999 on the number and numerical strength of interparlia-
                mentary delegations and delegations to joint parliamentary committees (1),
           1.    Decides to amend the number of members of interparliamentary delegations as follows:
           (a) Delegation for relations with Israel: 18 members
           (b) Delegation for relations with the Palestinian Legislative Council: 18 members
           (c) Delegation for relations with the countries of South America and Mercosur: 24 members
           (d) Delegation for relations with Japan: 20 members
           (1) OJ C 301, 18.10.1999, p. 19.


title: Commission Decision of 14 February 2012 setting up the Commission expert group on policy needs for data on crime and repealing Decision 2006/581/EC

text:
               15.2.2012

               EN

               Official Journal of the European Union

               C 42/2

         COMMISSION DECISION
   of 14 February 2012
   setting up the Commission expert group on policy needs for data on crime and repealing Decision 2006/581/EC
   2012/C 42/02
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               According to Article 67(3) of the Treaty on the Functioning of the European Union, the Union shall endeavour to ensure a high level of security through measures to prevent and combat crime, racism and xenophobia, and through measures for coordination and cooperation between police and judicial authorities and other competent authorities.

               (2)

               In August 2006, the Commission adopted a Communication to the European Parliament, the Council and the European Economic and Social Committee entitled ‘Developing a comprehensive and coherent EU strategy to measure crime and criminal justice: An EU Action Plan 2006-2010’ (1).

               (3)

               At the same time a group of experts on the policy needs for data on crime and criminal justice was established by Commission Decision 2006/581/EC of 7 August 2006 (2), to assist the Commission in the implementation of that Action Plan. The mandate of this group has not been renewed.

               (4)

               The Stockholm Programme ‘An open and secure Europe serving and protecting citizens’ adopted by the European Council (3) invites the Commission to continue developing statistical tools to measure crime and criminal activities and to further develop the actions outlined and partly implemented in the EU Action Plan 2006-2010.

               (5)

               The exchange of information and the collection of statistics in particular areas like trafficking in human beings, money laundering, cybercrime and corruption are in line with the proposed actions included in the Communication from the Commission to the European Parliament and the Council ‘The EU Internal Security Strategy in Action: Five steps towards a more secure Europe’ (4).

               (6)

               In order to pursue the valuable work which has been carried out by the group of experts on policy needs for data on crime and criminal justice since 2006 and taking into account the increased interest for reliable crime statistics at Union level, that group needs to be replaced.

               (7)

               The production of Community statistics is governed by the rules set out in Regulation (EC) No 223/2009 of the European Parliament and of the Council of 11 March 2009 on European statistics and repealing Regulation (EC, Euratom) No 1101/2008 of the European Parliament and of the Council on the transmission of data subject to statistical confidentiality to the Statistical Office of the European Communities, Council Regulation (EC) No 322/97 on Community statistics, and Council Decision 89/382/EEC, Euratom establishing a Committee on the Statistical Programmes of the European Communities (5). The actions on the establishment of Community statistics are carried out according to the Decision No 1578/2007/EC of the European Parliament and of the Council of 11 December 2007 on the Community Statistical Programme 2008 to 2012 (6) and its annual programmes and respecting the principles set out in the European Code of Practice adopted by the Statistical Programme Committee on 24 February 2005.

               (8)

               It is therefore necessary to set up a Commission expert group in the field of crime statistics and to define its tasks and its structure.

               (9)

               The group should help to define the policy needs and advise on the definition and the effective use of indicators and data in general, in the area of crime.

               (10)

               The group should be composed of members competent to identify the policy needs and advise on the effective use of indicators and data in the area of crime.

               (11)

               Rules on disclosure of information by members of the group should be laid down/provided for, without prejudice to the Commission's rules on security as set out in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom of 29 November 2001 amending its internal Rules of Procedure (7).

               (12)

               Personal data relating to members of the group should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (8).

               (13)

               The term of office of the members of the group should be five years covering the implementation period of the Action Plan 2011-2015 on measuring crime and criminal justice in the European Union (9).

               (14)

               Decision 2006/581/EC should be repealed.

               (15)

               It is appropriate to fix a period for the application of this Decision. The Commission will in due time consider the advisability of an extension,

         HAS ADOPTED THIS DECISION:
   Article 1
   Subject matter
   The Commission expert group on policy needs for data on crime, hereafter referred to as ‘the group’, is hereby set up.
   Article 2
   Task
   The group's tasks shall be to:

               (a)

               assist the Commission in establishing cooperation between Member States and other related organisations and bodies in implementing the EU Action Plan 2011-2015 on measuring crime and criminal justice;

               (b)

               assist the Commission in identifying the policy needs for indicators and data on crime at EU level;

               (c)

               assist the Commission in developing common indicators;

               (d)

               advise the Commission on relevant research and development needs or results to be taken into account in the work to implement the EU Action Plan 2011-2015;

               (e)

               advise the Commission on collaboration with representatives from the private and academic sectors or other relevant sectors in order to include relevant knowledge and experience in the work to implement the EU Action Plan 2011-2015;

               (f)

               bring about an exchange of experience and good practice in the field of crime statistics and in particular in the development of common indicators and the collection of comparable data.

         Article 3
   Consultation
   The Commission may consult the group on any matter relating to measuring crime.
   Article 4
   Membership — appointment
   1.   The group shall be composed of a maximum of 55 members. The members shall be:

               (a)

               the national public authorities in the field of home affairs, or another relevant public authority, of the Member States, the candidate countries and the European Free Trade Association countries;

               (b)

               the following EU bodies, networks and agencies: the European Crime Prevention Network (EUCPN), the European Monitoring Centre on Drugs and Drug Addiction (EMCDDA), Eurojust, the European Police Office (Europol), the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) and the Fundamental Rights Agency (FRA);

               (c)

               the following international organisations and non-governmental organisations with relevant experience and expertise analysing or developing crime data for policy purposes: the Council of Europe, United Nations Office on Drugs and Crime Prevention (UNODC), the European Sourcebook Group, Organisation for Security and Cooperation in Europe (OSCE), World Organisation for Economic Co-operation and Development (OECD);

               (d)

               minimum six individuals appointed in a personal capacity with expertise deriving preferably from academic research for public or private universities or research centers in Member States.

         2.   Members referred to in points (a), (b) and (c) of paragraph 1 shall nominate a permanent and an alternate expert as their representatives. Alternates shall automatically replace experts who are absent.
   3.   Individuals appointed in a personal capacity shall be appointed by the Director General of Home Affaires DG from amongst those who have responded to the call for applications (see Annex to the present Decision).
   4.   On the basis of the call for applications, applicants who were deemed suitable for group membership, but not appointed, shall be placed on a reserve list, with their consent. The Commission shall use this list to appoint replacements for members, if needed.
   5.   All members shall be appointed for five years. They shall remain in office until replaced or until the end of their term of office. Their term of office may be renewed.
   6.   Members who are no longer capable of contributing effectively to the group's deliberations, who resign or who do not comply with the conditions set out in this Article, or Article 339 of the Treaty, may be replaced for the remainder of their term of office.
   7.   Individuals appointed in a personal capacity shall act independently and in the public interest.
   8.   The names of individuals appointed in a personal capacity shall be published in the Register of Commission expert groups and other similar entities (‘the Register’) (10) The names of members referred to in points (b) and (c) of paragraph 1 shall be published in the Register. The names of public authorities referred to in point (a) of paragraph 1 will be published in the Register.
   9.   Personal data shall be collected, processed and published in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (11).
   Article 5
   Operation
   1.   The group shall be chaired by a representative of the Commission.
   2.   The Commission shall coordinate the expert group's activities with those of Eurostat’s working group on crime and criminal justice statistics. The Commission shall have the responsibility for the coherence of the work of both groups and shall endeavour to organise, where possible, joint meetings.
   3.   In agreement with the Commission services, the group may set up sub-groups of up to a maximum of 15 members to examine specific questions on the basis of terms of reference defined by the group. Such sub-groups shall be disbanded as soon as their mandate is fulfilled.
   4.   The Commission's representative may invite experts from outside the group with specific competence in a subject on the agenda to participate in the work of the group or sub-group on an ad hoc basis. In addition, the Commission's representative may give observer status to individuals, organisations as defined in Rule 8(3) of the horizontal rules on expert groups (12) and candidate countries.
   5.   Members of expert groups, as well as invited experts and observers, shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission's rules on security regarding the protection of EU classified information, laid down in the Annex to Commission Decision 2001/844/EC, ECSC, Euratom. Should they fail to respect those obligations, the Commission may take all appropriate measures.
   6.   The meetings of expert groups and sub-groups shall be held on Commission premises. The Commission shall provide secretarial services. Other Commission officials with an interest in the proceedings may attend meetings of the group and its sub-groups.
   7.   The group shall adopt its rules of procedure on the basis of the standard rules of procedure for expert groups.
   8.   The Commission shall publish relevant information on the activities carried out by the group either by including it in the Register or via a link from the Register to the Internet site of Home Affairs DG.
   Article 6
   Meeting expenses
   1.   Participants in the activities of the group shall not be remunerated for the services they render.
   2.   Travel and subsistence expenses incurred by participants in the activities of the group shall be reimbursed by the Commission in accordance with the provisions in force within the Commission.
   3.   Those expenses shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.
   Article 7
   Repeal
   Decision 2006/581/EC is repealed.
   Article 8
   Entry into force and applicability
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union and shall apply for five years.

      Done at Brussels, 14 February 2012.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  COM(2006) 437 final.

      (2)  OJ L 234, 29.8.2006, p. 29.

      (3)  OJ C 115, 4.5.2010, p. 21.

      (4)  COM(2010) 673 final.

      (5)  OJ L 87, 31.3.2009, p. 164.

      (6)  OJ L 344, 28.12.2007, p. 15.

      (7)  OJ L 317, 3.12.2001, p. 1.

      (8)  OJ L 8, 12.1.2001, p. 1.

      (9)  Communication from the Commission to the European Parliament and the Council, currently in process.

      (10)  Members who do not wish to have their names disclosed may apply for derogation from this rule. The request not to disclose the name of a member of the expert group shall be considered justified whenever publication could endanger his or her security or integrity or unduly prejudice his or her privacy.

      (11)  See footnote 8.

      (12)  C(2010) 7649 final.

      ANNEX

         Call for applications for the selection of experts appointed in personal capacity for the Group of Experts on Policy Need for Data on Crime

      By Decision C(2012) 721 of 14 February 2012 (1) the Commission has set up the Group of Experts on Policy Needs for Data on Crime. The Commission will chair the group and may consult the group on any matter relating to measuring crime.
      The tasks of the group of experts are:

                  (a)

                  to assist the Commission in establishing cooperation between Member States and other related organisations and bodies in implementing the Action Plan 2011-2015 on Measuring Crime and Criminal Justice in the European Union (2);

                  (b)

                  to assist the Commission in identifying the policy needs for indicators and data on crime at EU level;

                  (c)

                  to assist the Commission in developing common indicators;

                  (d)

                  to advise the Commission on relevant research and development needs or results to be taken into account in the work to implement the above mentioned EU plan;

                  (e)

                  to advise the Commission on collaboration with representatives from the private and academic sectors or other relevant sectors in order to include relevant knowledge and experience in the work to implement the above mentioned EU plan;

                  (f)

                  to bring about an exchange of experience and good practice in the field of Crime Statistics and in particular in the development of common indicators and the collection of comparable data.

            The Expert group will be composed by the national public authorities in the field of Home Affairs of the EU Member States, the Candidate and the EFTA counties; relevant EU bodies, networks and Agencies; relevant International and non-governmental Organisations; individual experts appointed in personal capacity deriving preferably from academic research.
      For the last category the Commission is calling for applications with a view to selecting members of the group of experts.
      The group of experts shall consist of maximum 55 members of which minimum six will be appointed in personal capacity, in accordance with Article 4 of the above Decision.
      Prospective experts are expected to currently hold or have held a position in a public or private University or research centre in one of the EU Member States. The Commission will take the following criteria into account when assessing applications:

                  (a)

                  Proven competence, high level of professional achievement and experience (at least eight years), including at European and/or international level, in criminology, criminal justice and/or related areas. Experience in specific crime areas such as: financial crime, trafficking in human beings, corruption, cybercrime, and victimisation will be an advantage.

                  (b)

                  Previous participation in relevant EU/International groups or committees will be an advantage.

                  (c)

                  Demonstrated ability to work in English.

                  (d)

                  The need to strike a balance within the group of experts in terms of representativeness of applicants, gender and geographical origin (3).

                  (e)

                  The need to strike the balance of expertise on different crime areas including financial crime, trafficking in human beings, corruption, cybercrime, victimisation and on different aspects such as definitions, indicators, statistics, analysis and interpretation.

                  (f)

                  The need to favour continuity of the work of the Experts Group established by the Commission Decision of August 2006.

                  (g)

                  Members of the group must be nationals of a Member State of the European Union or, if appropriate, of a candidate or potential candidate country or a European Free Trade Association country.

            The above will be assessed on the basis of the filled in CV and application form.
      Applications may only be submitted by filling in the model application form (Appendix) and model CV (4). Applicants are asked to clearly state in their application the area in which they possess particular expertise.
      The duly signed applications must be sent in 20 working days from the date of publication of the call for applications in the Official Journal of the European Union at the latest either by email or letter to the following address:

                  European Commission

                  Directorate-General Home Affairs

                  Unit A2 Secretariat

                  LX 46 3/131

                  1049 Bruxelles/Brussel

                  BELGIQUE/BELGIË

                  HOME-STATS-GROUP@ec.europa.eu

            Where applications are sent by email, the date of email will be the date of sending. Where applications are sent by post, the postmark will be considered the date of sending.
      The Commission shall select members in a personal capacity for a five year period. They shall give the Commission an independent opinion free from outside influence and shall respect the conditions of confidentiality mentioned in Article 5 of the Commission Decision establishing the group of experts. They shall commit to act independently and in the public interest.
      The Commission will reimburse travel and subsistence expenses in connection with the activities of the group of experts in accordance with the provisions in force at the Commission, Members within the limits of the available budgetary appropriations. Members will receive no remuneration for their duties.
      The names of experts appointed in personal capacity will be published in the Register of Commission Expert Groups and other Similar Entities (5) and on the Internet site of DG Home Affairs.
      Personal data will be collected, processed and published in accordance with the provisions of Regulation (EC) No 45/2001 (6).
      For any further information please contact Ms. Athina KARVOUNARAKI, telephone +32 22999070, e-mail athina.karvounaraki@ec.europa.eu
      Information on the results of the call for applications will be published at least on the Internet site of DG Home Affairs and, if appropriate, in the Official Journal of the European Union.

         (1)  OJ C 42, 15.2.2012, p. 2.

         (2)  Communication from the Commission to the European Parliament and the Council, currently in process.

         (3)  Commission Decision 2000/407/EC of 19 June 2000 relating to gender balance within the committees and expert groups established by it (OJ L 154, 27.6.2000, p. 34).

         (4)  All curricula vitae should be submitted in the European format: http://europass.cedefop.europa.eu/en/documents/curriculum-vitae/templates-instructions

         (5)  Members who do not wish to have their names disclosed may apply for derogation from this rule. The request not to disclose the name of a member of an expert group shall be considered justified whenever publication could endanger his or her security or integrity or unduly prejudice his or her privacy.

         (6)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1.)

         Appendix


Avis juridique important

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32000D0402

Council Decision of 22 June 2000 repealing Decision 94/942/CFSP on the joint action concerning the control of exports of dual-use goods

Official Journal L 159 , 30/06/2000 P. 0218 - 0218

Council Decisionof 22 June 2000repealing Decision 94/942/CFSP on the joint action concerning the control of exports of dual-use goods(2000/402/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article 13 thereof,Whereas:(1) On 19 December 1994 the Council adopted Decision 94/942/CFSP(1) on a joint action concerning the control of exports of dual-use goods, as part of a combined system of dual-use export controls, which included Council Regulation (EC) No 3381/94 of 19 December 1994 setting up a Community regime for the control of exports of dual-use goods(2).(2) On the basis of a review pursuant to Article 19(5) of Regulation (EC) No 3381/94 and taking into account the case-law of the Court of Justice of the European Communities(3), it has been determined that such system should be based solely on a European Community act.(3) On 22 June 2000 the Council adopted Regulation (EC) No 1334/2000 setting up a Community regime for the control of exports of dual-use items and technology(4).(4) It is therefore appropriate to repeal decision 94/942/CFSP,HAS DECIDED AS FOLLOWS:Article 1Decision 94/942/CFSP is hereby repealed. However, for export authorisation applications made before the date of entry into force of Regulation (EC) No 1334/2000 the relevant provisions of Decision 94/942/CFSP shall continue to apply.Article 2This Decision shall be published in the Official Journal.Article 3This Decision shall enter into force on the day of its adoption.Done at Luxemburg, 22 June 2000.For the CouncilThe PresidentJ. Sócrates(1) OJ L 367, 31.12.1994, p. 8. Decision as last amended by Decision 2000/243/CFSP (OJ L 82, 1.4.2000, p. 1).(2) OJ L 367, 31.12.1994, p. 1. Regulation as amended by Regulation (EC) No 837/95 (OJ L 90, 21.4.1995, p. 1).(3) Judgments C-70/94 ([1995] ECR I-3189) and C-83/94 ([1995] ECR I-3231) of 17 October 1995, and C-124/95 ([1997] ECR I-81) of 14 January 1997.(4) See page 1 of this Official Journal.


title: Decision (EU) 2017/343 of the European Parliament and of the Council of 14 December 2016 on the mobilisation of the European Union Solidarity Fund to provide for the payment of advances in the general budget of the Union for 2017

text:
               28.2.2017

               EN

               Official Journal of the European Union

               L 50/55

         DECISION (EU) 2017/343 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 14 December 2016
   on the mobilisation of the European Union Solidarity Fund to provide for the payment of advances in the general budget of the Union for 2017
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 2012/2002 of 11 November 2002 establishing the European Union Solidarity Fund (1), and in particular Article 4a(4) thereof,
   Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 11 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Union Solidarity Fund (the ‘Fund’) aims to enable the Union to respond in a rapid, efficient and flexible manner to emergency situations in order to show solidarity with the population of regions struck by natural disasters.

               (2)

               The Fund is not to exceed a maximum amount of EUR 500 000 000 (2011 prices), as laid down in Article 10 of Council Regulation (EU, Euratom) No 1311/2013 (3).

               (3)

               Article 4a(4) of Regulation (EC) No 2012/2002 provides that, where necessary in order to ensure the timely availability of budgetary resources, the Fund may be mobilised in an amount of up to EUR 50 000 000 for the payment of advances, entering the corresponding appropriations into the general budget of the Union.

               (4)

               To ensure the timely availability of sufficient budgetary resources in the general budget of the Union for 2017, the Fund should be mobilised in the amount of EUR 50 000 000 for the payment of advances.

               (5)

               In order to minimise the time taken to mobilise the Fund, this Decision should apply from 1 January 2017,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the Union for the financial year 2017, the European Union Solidarity Fund shall be mobilised to provide the amount of EUR 50 000 000 in commitment and payment appropriations for the payment of advances.
   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2017.

      Done at Strasbourg, 14 December 2016.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         I. KORČOK

      (1)  OJ L 311, 14.11.2002, p. 3.

      (2)  OJ C 373, 20.12.2013, p. 1.

      (3)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).