title: Council and Commission Decision (EU, Euratom) 2015/60 of 15 December 2014 on the position to be taken on behalf of the European Union and the European Atomic Energy Community within the Association Council established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the adoption of decisions of the Association Council on the Rules of Procedure of the Association Council and those of the Association Committee and of Sub-Committees, the establishment of two Sub-Committees, and the delegation of certain powers by the Association Council to the Association Committee in Trade configuration

text:
               16.1.2015

               EN

               Official Journal of the European Union

               L 10/30

         COUNCIL AND COMMISSION DECISION (EU, Euratom) 2015/60
   of 15 December 2014
   on the position to be taken on behalf of the European Union and the European Atomic Energy Community within the Association Council established by the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the adoption of decisions of the Association Council on the Rules of Procedure of the Association Council and those of the Association Committee and of Sub-Committees, the establishment of two Sub-Committees, and the delegation of certain powers by the Association Council to the Association Committee in Trade configuration
   THE COUNCIL OF THE EUROPEAN UNION,
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217 in conjunction with Article 218(9) thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 101 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article 486 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (1) (‘the Agreement’), provides for provisional application of the Agreement in part.

               (2)

               Article 4 of Council Decision 2014/295/EU (2) and Article 4 of Council Decision 2014/668/EU (3) specify which parts of the Agreement are or are to be applied provisionally.

               (3)

               Pursuant to Article 462(2) of the Agreement, the Association Council is to establish its own rules of procedure.

               (4)

               Pursuant to Article 462(3) of the Agreement, the Association Council is to be chaired in turn by a representative of the Union and a representative of Ukraine.

               (5)

               Pursuant to Article 464(1) of the Agreement, the Association Council is to be assisted in the performance of its duties by an Association Committee and, pursuant to Article 465(1) of the Agreement, the Association Council is to determine in its rules of procedure the duties and functioning of the Association Committee.

               (6)

               Pursuant to Article 466(2) of the Agreement, the Association Council may decide to set up any special committee or body in specific areas necessary for the implementation of the Agreement to assist the Association Council in carrying out its duties. Pursuant to Article 466(3) of the Agreement, the Association Committee may also create sub-committees.

               (7)

               Pursuant to Article 461(1) of the Agreement, the Association Council is responsible for supervising and monitoring the application and implementation of the Agreement. In accordance with Article 465(2) of the Agreement, the Association Council may delegate to the Association Committee any of its powers, including the power to take binding decisions. The Association Council should delegate the power to update or amend the Annexes to the Agreement which relate to Chapters 1 (Annexes I-C and I-D to the Agreement), 2 (Annex II to the Agreement) and 3, 5, 6 and 8 of Title IV (Trade and Trade-related Matters) of the Agreement, pursuant to Articles 463(3) and 465(2) of the Agreement, to the Association Committee in Trade configuration, as set out in Article 465(4) of the Agreement, to the extent that there are no specific provisions in those Chapters relating to the updating or the amendment of those Annexes.

               (8)

               In order to ensure the effective implementation of the Agreement, the Rules of Procedure of the Association Council and those of the Association Committee and of Sub-Committees should be adopted as soon as possible and it should be possible to adopt them by written procedure.

               (9)

               The position of the Union within the Association Council should therefore be based on the attached draft Decisions,

         HAVE ADOPTED THIS DECISION:
   Article 1
   1.   The position to be taken on behalf of the European Union and the European Atomic Energy Community within the Association Council established by Article 464 of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, shall be based on the draft decisions of the Association Council attached to this Decision as regards:

               —

               the adoption of the Rules of Procedure of the Association Council and those of the Association Committee and of Sub-Committees,

               —

               the establishment of two Sub-Committees, and

               —

               the delegation of certain powers by the Association Council to the Association Committee in Trade configuration, as set out in Article 465(2) of the Agreement.

         2.   Minor technical changes to the draft decisions of the Association Council may be agreed by the representatives of the Union in the Association Council without further decision of the Council of the European Union.
   Article 2
   The Association Council shall be chaired on the Union side by the High Representative of the Union for Foreign Affairs and Security Policy, in accordance with his or her responsibilities pursuant to the Treaties and his or her capacity as President of the Foreign Affairs Council.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 15 December 2014.

            For the Council

            The President

         F. MOGHERINI

            For the Commission

            The President

         J.-C. JUNCKER

      (1)  OJ L 161, 29.5.2014, p. 3.

      (2)  Council Decision 2014/295/EU of 17 March 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards the Preamble, Article 1, and Titles I, II and VII thereof (OJ L 161, 29.5.2014, p. 1).

      (3)  Council Decision 2014/668/EU of 23 June 2014 on the signing, on behalf of the European Union, and provisional application of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part, as regards Title III (with the exception of the provisions relating to the treatment of third-country nationals legally employed as workers in the territory of the other Party) and Titles IV, V, VI and VII thereof, as well as the related Annexes and Protocols (OJ L 278, 20.9.2014, p. 1).

      DRAFT
      DECISION No 1/2014 OF THE EU-UKRAINE ASSOCIATION COUNCIL
      of …
      adopting its Rules of Procedure and those of the Association Committee and of Sub-Committees
      THE EU-UKRAINE ASSOCIATION COUNCIL,
      Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (1) (‘the Agreement’), and in particular Article 462 thereof,
      Whereas:

                  (1)

                  In accordance with Article 486 of the Agreement, parts of the Agreement have been applied provisionally as of 1 November 2014.

                  (2)

                  Pursuant to Article 462(2) of the Agreement, the Association Council is to establish its own rules of procedure.

                  (3)

                  Pursuant to Article 464(1) of the Agreement, the Association Council is to be assisted in the performance of its duties by an Association Committee whereas pursuant to Article 465(1) of the Agreement the Association Council is to determine in its rules of procedure the duties and functioning of the Association Committee,

            HAS ADOPTED THIS DECISION:
      Article 1
      The Rules of Procedure of the Association Council and those of the Association Committee and of Sub-Committees, as set out in Annexes I and II respectively, are hereby adopted.
      Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at …, ….

               For the Association Council

               The Chair

         (1)  OJ L 161, 29.5.2014, p. 3.

         ANNEX I

            RULES OF PROCEDURE OF THE ASSOCIATION COUNCIL

         Article 1
         General provisions
         1.   The Association Council established in accordance with Article 461(1) of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (‘the Agreement’), shall perform its duties as provided for in Articles 461 and 463 of the Agreement.
         2.   As provided for in Article 5(1) of the Agreement, the Parties shall hold regular political dialogue meetings at Summit level. In accordance with Article 5(2) of the Agreement, at ministerial level, political dialogue shall take place, by mutual agreement, within the Association Council referred to in Article 460 of the Agreement and within the framework of regular meetings between representatives of the Parties at Foreign Minister level.
         3.   As provided for in Article 462(1) of the Agreement, the Association Council shall be composed of members of the Council of the European Union and members of the European Commission, of the one part, and of members of the Government of Ukraine, of the other part. The composition of the Association Council shall take into consideration the specific issues to be addressed at any given meeting. The Association Council shall meet at ministerial level.
         4.   As provided for in Article 463(1) of the Agreement, and for the purpose of attaining the objectives thereof, the Association Council shall have the power to take decisions that are binding upon the Parties. The Association Council shall take appropriate measures for the implementation of its decisions, including, if necessary, by empowering specific bodies established under this Agreement to act on its behalf. The Association Council may also make recommendations. It shall adopt its decisions and recommendations by agreement between the Parties after the completion of the respective internal procedures for their adoption. The Association Council may delegate its powers to the Association Committee.
         5.   The Parties in these Rules of Procedure are those defined in Article 482 of the Agreement.
         Article 2
         Chairmanship
         The Parties shall hold the chairmanship of the Association Council, alternately, for a period of 12 months. The first period shall begin on the date of the first Association Council meeting and end on 31 December of the same year.
         Article 3
         Meetings
         1.   The Association Council shall meet at least once a year, and when circumstances require, by mutual agreement of the Parties. Unless otherwise agreed by the Parties, the Association Council shall be held at the usual venue for meetings of the Council of the European Union.
         2.   Each session of the Association Council shall be held at a date agreed by the Parties.
         3.   The meetings of the Association Council shall be convened jointly by the Secretaries of the Association Council, in agreement with the Chair of the Association Council no later than 30 calendar days before the date of the meeting.
         Article 4
         Representation
         1.   The members of the Association Council may be represented if unable to attend. If a member wishes to be so represented, he or she shall inform in writing the Chair of the Association Council of the name of his or her representative before the meeting at which the member is to be so represented.
         2.   The representative of a member of the Association Council shall exercise all the rights of that member.
         Article 5
         Delegations
         1.   The members of the Association Council may be accompanied by officials. Before each meeting, the Chair of the Association Council shall be informed, through the Secretariat of the Association Council, of the intended composition of the delegation of each Party.
         2.   The Association Council may, by agreement between the Parties, invite representatives of other bodies of the Parties or independent experts in a subject area to attend its meetings as observers or in order to provide information on particular subjects. The Parties shall agree on the terms and conditions under which these observers may attend the meetings.
         Article 6
         Secretariat
         An official of the General Secretariat of the Council of the European Union and an official of Ukraine shall act jointly as Secretaries of the Association Council.
         Article 7
         Correspondence
         1.   Correspondence addressed to the Association Council shall be directed to the Secretary of either the Union or of Ukraine, who in turn will inform the other Secretary.
         2.   The Secretaries of the Association Council shall ensure that correspondence is forwarded to the Chair of the Association Council and, where appropriate, circulated to the members of the Association Council.
         3.   Correspondence so circulated shall be sent, as appropriate, to the General Secretariat of the European Commission, the European External Action Service, the Permanent Representations of the Member States to the European Union and the General Secretariat of the Council of the European Union, as well as the Mission of Ukraine to the European Union.
         4.   Communications from the Chair shall be sent to the addressees by the Secretaries on behalf of the Chair. Such communications shall be circulated, where appropriate, to the members of the Association Council as provided for in paragraph 3.
         Article 8
         Confidentiality
         Unless otherwise decided by the Parties, the meetings of the Association Council shall not be public. When a Party submits information designated as confidential to the Association Council, the other Party shall treat that information as such.
         Article 9
         Agendas for meetings
         1.   The Chair of the Association Council shall draw up a provisional agenda for each meeting. It shall be dispatched by the Secretaries of the Association Council to the addressees referred to in Article 7 no later than 15 calendar days before the meeting.
         2.   The provisional agenda shall include the items in respect of which the Chair has received a request for inclusion in the agenda no later than 21 calendar days before the beginning of the meeting. Such items shall not be written into the provisional agenda unless the relevant supporting documents have been sent to the Secretaries before the date of dispatch of the agenda.
         3.   The agenda shall be adopted by the Association Council at the beginning of each meeting. Any item other than those appearing on the provisional agenda may be placed on the agenda if the Parties so agree.
         4.   The Chair may reduce, in consultation with the Parties, the time-limits specified in paragraph 1 in order to take account of the requirements of a particular case.
         Article 10
         Minutes
         1.   Draft minutes of each meeting shall be drawn up jointly by the Secretaries of the Association Council.
         2.   The minutes shall, as a general rule, indicate in respect of each item on the agenda:

                     (a)

                     the documentation submitted to the Association Council;

                     (b)

                     any statements which a member of the Association Council requested to be entered in the minutes; and

                     (c)

                     issues agreed upon by the Parties, such as decisions adopted, statements agreed upon and any conclusions.

               3.   The draft minutes shall be submitted to the Association Council for approval. The Association Council shall approve those draft minutes at its next meeting. Alternatively, those draft minutes can be approved in writing.
         Article 11
         Decisions and recommendations
         1.   The Association Council shall take decisions and make recommendations by mutual agreement between the Parties and on completion of the respective internal procedures.
         2.   The Association Council may also take decisions or make recommendations by written procedure if the Parties so agree. For this purpose, the text of the proposal shall be circulated in writing by the Chair of the Association Council to its members pursuant to Article 7, with a time-limit of no less than 21 calendar days within which members shall make known any reservations or amendments they wish to make. The Chair may reduce the aforementioned time-limit in order to take account of the requirements of a particular case, in consultation with the Parties.
         3.   The acts of the Association Council, within the meaning of Article 463(1) of the Agreement, shall be entitled ‘Decision’ or ‘Recommendation’ respectively, followed by a serial number, the date of their adoption and a description of their subject-matter. Those decisions and recommendations of the Association Council shall be signed by the Chair and authenticated by the Secretaries of the Association Council. Those decisions and recommendations shall be circulated to each of the addressees referred to in Article 7 of these Rules of Procedure. Each Party may decide on the publication of the decisions and recommendations of the Association Council in its respective official publication.
         4.   Each decision of the Association Council shall enter into force on the date of its adoption unless the decision provides otherwise.
         Article 12
         Languages
         1.   The official languages of the Association Council shall be the official languages of the Parties.
         2.   Unless otherwise decided, the Association Council shall base its deliberations on documentation prepared in those languages.
         Article 13
         Expenses
         1.   Each Party shall meet any expenses which it incurs as a result of participating in the meetings of the Association Council, both with regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure.
         2.   Expenditure in connection with interpretation at meetings, translation and reproduction of documents shall be borne by the Union. In the event that Ukraine requires interpretation or translation into and from languages other than those provided for in Article 12, expenses related thereto shall be borne by Ukraine.
         3.   Other expenditure relating to the material organisation of meetings shall be borne by the Party which hosts the meetings.
         Article 14
         Association Committee
         1.   In accordance with Article 464(1) of the Agreement, the Association Council shall be assisted in carrying out its duties by the Association Committee. The Association Committee shall be composed of representatives of the Parties, in principle at senior civil servant level.
         2.   The Association Committee shall prepare the meetings and the deliberations of the Association Council, implement the decisions of the Association Council where appropriate and ensure continuity of the association relationship and the proper functioning of the Agreement in general. The Association Committee shall consider any matter referred to it by the Association Council as well as any other matter which may arise in the course of the implementation of the Agreement. The Association Committee shall submit proposals or any draft decisions or recommendations to the Association Council for its approval. In accordance with Article 465(2) of the Agreement, the Association Council may delegate the power to take decisions to the Association Committee.
         3.   The Association Committee shall take the decisions and make the recommendations for which it has been authorised under the Agreement.
         4.   In cases where the Agreement refers to an obligation to consult or a possibility of consultation or where the Parties decide by mutual agreement to consult each other, such consultation may take place within the Association Committee, except as otherwise provided for in the Agreement. The consultation may continue in the Association Council if the Parties so agree.
         Article 15
         Amendment of Rules of Procedure
         These Rules of Procedure may be amended in accordance with Article 11.

         ANNEX II

            RULES OF PROCEDURE OF THE ASSOCIATION COMMITTEE AND OF SUB-COMMITTEES

         Article 1
         General provisions
         1.   The Association Committee established in accordance with Article 464(1) of the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other (‘the Agreement’), shall assist the Association Council in the performance of its duties and perform the tasks provided for in the Agreement and assigned to it by the Association Council. Pursuant to Article 465(1) of the Agreement, the Association Council shall determine in its Rules of Procedure the duties and functioning of the Association Committee.
         2.   The Association Committee shall prepare the meetings and the deliberations of the Association Council, implement the decisions of the Association Council where appropriate and ensure continuity of the association relationship and the proper functioning of the Agreement in general. The Association Committee shall consider any matter referred to it by the Association Council as well as any other matter which may arise in the course of the day-to-day implementation of the Agreement. The Association Committee shall submit proposals or any draft decisions or recommendations for adoption to the Association Council.
         3.   As provided for in Article 464(2) of the Agreement, the Association Committee shall be composed of representatives of the Parties, in principle at senior civil servant level, who are responsible for specific issues to be addressed at any given meeting.
         4.   Pursuant to Article 465(4) of the Agreement, when the Association Committee in Trade configuration, as set out in Article 465(4) of the Agreement (‘the Association Committee in Trade configuration’), performs the tasks conferred upon it under Title IV of the Agreement, it shall be composed of senior officials of the European Commission and of Ukraine who are responsible for trade and trade-related matters. A representative of the European Commission or of Ukraine who is responsible for trade and trade-related matters shall act as Chair of the Association Committee in accordance with Article 2 of these Rules of Procedure. The meetings will also be attended by a representative of the European External Action Service.
         5.   As provided for in Article 465(3) of the Agreement, the Association Committee shall have the power to adopt decisions in the cases provided for in the Agreement and in areas in which the Association Council has delegated powers to it. Those decisions shall be binding upon the Parties, which shall take appropriate measures to implement them. The Association Committee shall adopt its decisions by agreement between the Parties after the completion of the respective internal procedures for their adoption.
         6.   The Parties in these Rules of Procedure shall be defined as provided for in Article 482 of the Agreement.
         Article 2
         Chairmanship
         The Parties shall hold the chairmanship of the Association Committee, alternately, for a period of 12 months. The first period shall begin on the date of the first Association Council meeting and end on 31 December of the same year.
         Article 3
         Meetings
         1.   Save as otherwise agreed by the Parties, the Association Committee shall meet regularly, at least once a year. Special sessions of the Association Committee may be held at the request of either Party, if the Parties so agree.
         2.   Each meeting of the Association Committee shall be convened by its Chair at a place and on a date agreed by the Parties. The notice of convening the meeting shall be issued by the Secretariat of the Association Committee no later than 28 calendar days prior to the start of the meeting, unless the Parties agree otherwise.
         3.   The Association Committee in Trade configuration shall meet at least once a year and when circumstances require. Each meeting shall be convened by the Chair of the Association Committee in Trade configuration at a location, on a date and by the means agreed by the Parties. The notice convening the meeting shall be issued by the Secretariat of the Association Committee in Trade configuration no later than 15 calendar days prior to the start of the meeting, unless the Parties agree otherwise.
         4.   Whenever possible, the regular meeting of the Association Committee shall be convened in due time in advance of the regular meeting of the Association Council.
         5.   By way of exception and if the Parties so agree, the meetings of the Association Committee may be held by any agreed technological means such as video-conference.
         Article 4
         Delegations
         Before each meeting, the Parties shall be informed, through the Secretariat of the Association Committee, of the intended composition of the delegations attending the meeting on either side.
         Article 5
         Secretariat
         1.   An official of the Union and an official of Ukraine shall act jointly as Secretaries of the Association Committee and shall execute secretarial tasks in a joint manner unless these Rules of Procedure provide otherwise, in a spirit of mutual trust and cooperation.
         2.   An official of the European Commission and an official of Ukraine who are responsible for trade and trade-related matters shall act jointly as Secretaries of the Association Committee in Trade configuration.
         Article 6
         Correspondence
         1.   Correspondence addressed to the Association Committee shall be directed to the Secretary of the Association Committee of either Party, who in turn will inform the other Secretary.
         2.   The Secretariat of the Association Committee shall ensure that correspondence addressed to the Association Committee is forwarded to the Chair of the Association Committee and circulated, where appropriate, as documents referred to in Article 7.
         3.   Correspondence from the Chair shall be sent to the Parties by the Secretariat on behalf of the Chair. Such correspondence shall be circulated, where appropriate, as provided for in Article 7.
         Article 7
         Documents
         1.   Documents shall be circulated through the Secretaries of the Association Committee.
         2.   A Party shall transmit its documents to its Secretary. The Secretary shall transmit those documents to the Secretary of the other Party.
         3.   The Secretary of the Union shall circulate the documents to the relevant representatives of the Union and shall copy systematically the Secretary of Ukraine in such correspondence.
         4.   The Secretary of Ukraine shall circulate the documents to the relevant representatives of Ukraine and shall copy systematically the Secretary of the Union in such correspondence.
         Article 8
         Confidentiality
         Unless otherwise decided by the Parties, the meetings of the Association Committee shall not be public. When a Party submits information designated as confidential to the Association Committee, the other Party shall treat that information as such.
         Article 9
         Agendas for Meetings
         1.   A provisional agenda for each meeting of the Association Committee as well as draft operational conclusions as provided for in Article 10, shall be drawn up by the Secretariat of the Association Committee on the basis of proposals made by the Parties. The provisional agenda shall include items in respect of which the Secretariat of the Association Committee has received a request for inclusion in the agenda by a Party, supported by relevant documents, no later than 21 calendar days before the date of the meeting.
         2.   The provisional agenda, together with the relevant documents, shall be circulated as provided for in Article 7 no later than 15 calendar days before the date of the beginning of the meeting.
         3.   The agenda shall be adopted by the Association Committee at the beginning of each meeting. Items other than those appearing on the provisional agenda may be placed on the agenda if the Parties so agree.
         4.   The Chair of the meeting of the Association Committee may, upon agreement of the other Party, invite representatives of other bodies of the Parties or independent experts in a subject area on an ad hoc basis to attend its meetings in order to provide information on specific subjects. The Parties shall ensure that those observers or experts respect any confidentiality requirements.
         5.   The Chair of the meeting of the Association Committee may reduce, in consultation with the Parties, the time-limits provided for in paragraphs 1 and 2 in order to take account of special circumstances.
         Article 10
         Minutes and operational conclusions
         1.   Draft minutes of each meeting of the Association Committee shall be drawn up jointly by the Secretaries of the Association Committee.
         2.   The minutes shall, as a general rule, indicate in respect of each item on the agenda:

                     (a)

                     a list of participants at the meeting, a list of officials accompanying them and a list of any observers or experts who attended the meeting;

                     (b)

                     the documentation submitted to the Association Committee;

                     (c)

                     statements which the Association Committee requested to be entered in the minutes; and

                     (d)

                     operational conclusions from the meeting, as provided in paragraph 4.

               3.   The draft minutes shall be submitted to the Association Committee for approval. The Association Committee shall approve those draft minutes at its next meeting. Alternatively, those draft minutes can be approved in writing. The draft minutes of the Association Committee in Trade configuration shall be approved within 28 calendar days of each meeting. A copy shall be sent to each of the addressees referred to in Article 7.
         4.   Draft operational conclusions of each meeting shall be drawn up by the Secretary of the Association Committee of the Party holding the chairmanship of the Association Committee, and circulated to the Parties together with the agenda, normally no later than 15 calendar days before the date of the beginning of the meeting. That draft shall be updated as the meeting proceeds so that at the end of the meeting, unless agreed otherwise by the Parties, the Association Committee adopts the operational conclusions, reflecting the follow-up actions agreed by the Parties. Once agreed, the operational conclusions shall be attached to the minutes and their implementation shall be reviewed during any subsequent meeting of the Association Committee. To that end the Association Committee shall adopt a template, allowing for each action point to be tracked against a specific deadline.
         Article 11
         Decisions and recommendations
         1.   In specific cases where the Agreement confers the power to take decisions or where such power has been delegated to it by the Association Council, the Association Committee shall take decisions. The Association Committee shall also make recommendations. Decisions and recommendations shall be made by mutual agreement between the Parties and on completion of the respective internal procedures. Each decision or recommendation shall be signed by the Chair of the Association Committee and authenticated by the Secretaries of the Association Committee.
         2.   The Association Committee may take decisions or make recommendations by written procedure if the Parties so agree. The written procedure shall consist of an exchange of notes between the Secretaries, acting in agreement with the Parties. For that purpose, the text of the proposal shall be circulated pursuant to Article 7, with a time-limit of no less than 21 calendar days within which any reservations or amendments shall be made known. The Chair may reduce the time-limits specified in this paragraph in order to take account of special circumstances, in consultation with the Parties. Once the text is agreed, the decision or recommendation shall be signed by the Chair and authenticated by the Secretaries.
         3.   The acts of the Association Committee shall be entitled ‘Decision’ or ‘Recommendation’ respectively. Each decision shall enter into force on the date of its adoption unless the decision provides otherwise.
         4.   The decisions and recommendations shall be circulated to the Parties.
         5.   Each Party may decide on the publication of the decisions and recommendations of the Association Committee in its respective official publication.
         Article 12
         Reports
         The Association Committee shall report to the Association Council on its activities and those of its sub-committees, working groups and other bodies at each regular meeting of the Association Council.
         Article 13
         Languages
         1.   The official languages of the Association Committee shall be the official languages of the Parties.
         2.   The working languages of the Association Committee shall be English and Ukrainian. Unless otherwise decided, the Association Committee shall base its deliberations on documentation prepared in those languages.
         Article 14
         Expenses
         1.   Each Party shall meet any expenses it incurs as a result of participating in the meetings of the Association Committee, both with regard to staff, travel and subsistence expenditure and with regard to postal and telecommunications expenditure.
         2.   Expenditure in connection with the organisation of meetings and reproduction of documents shall be borne by the Party hosting the meeting.
         3.   Expenditure in connection with interpreting at meetings and translation of documents into or from English and Ukrainian as referred to in Article 13(1) shall be borne by the Party hosting the meeting.
         Interpreting and translation into or from other languages shall be borne directly by the requesting Party.
         4.   In cases where translation of documents into the official languages of the Union is necessary, the expenditure shall be borne by the Union.
         Article 15
         Amendment of Rules of Procedure
         These Rules of Procedure may be amended by a decision of the Association Council in accordance with Article 465(1) of the Agreement.
         Article 16
         Sub-Committees, special committees or bodies
         1.   In accordance with Article 466(1) and (3) of the Agreement, the Association Committee may decide to establish any sub-committee in specific areas necessary for the implementation of the Agreement other than those provided for in the Agreement, to assist the Association Committee in the performance of its duties. The Association Committee may decide to abolish any such sub-committee and define or amend its rules of procedure. Unless otherwise decided, any such sub-committee shall work under the authority of the Association Committee, to which it shall report after each meeting.
         2.   Unless otherwise provided for by the Agreement or agreed in the Association Council, these Rules of Procedure shall be applied mutatis mutandis to any sub-committee as referred to in paragraph 1.
         3.   The meetings of sub-committees may be held flexibly as the need arises, in person, either in Brussels or in Ukraine or for example by videoconference. The sub-committees shall act as a platform to monitor progress on approximation in specific areas, to discuss certain issues and challenges arising from that process and to formulate recommendations and operational conclusions.
         4.   The Secretariat of the Association Committee shall receive a copy of all relevant correspondence, documents and communications pertaining to any sub-committee, special committee or body.
         5.   Unless otherwise provided for in the Agreement or agreed by the Parties within the Association Council, any sub-committee, special committee or body shall only have the power to make recommendations to the Association Committee.
         Article 17
         These Rules of Procedure shall apply mutatis mutandis to the Association Committee in Trade configuration unless otherwise provided.

      DRAFT
      DECISION No 2/2014 OF THE EU-UKRAINE ASSOCIATION COUNCIL
      of …
      on the establishment of two Sub-Committees
      THE EU-UKRAINE ASSOCIATION COUNCIL,
      Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (1) (‘the Agreement’), and in particular Article 466 thereof,
      Whereas:

                  (1)

                  In accordance with Article 486 of the Agreement, parts of the Agreement have been applied provisionally as of 1 November 2014.

                  (2)

                  Pursuant to Article 466(2) of the Agreement the Association Council may decide to set up any special committee or body in specific areas necessary for the implementation of the Agreement to assist the Association Council in carrying out its duties.

                  (3)

                  In order to allow for expert level discussions on the key areas falling within the scope of the provisional application of the Agreement, two sub-committees should be established.

                  (4)

                  Upon agreement of the Parties, it should be possible to modify the list of sub-committees and the scope of the individual sub-committees,

            HAS ADOPTED THIS DECISION:
      Article 1
      The Sub-Committees listed in the Annex are hereby established.
      Article 2
      The Rules of Procedure of the Sub-Committees listed in the Annex are governed by Article 16 of the Rules of Procedure of the Association Committee and of Sub-Committees as adopted by Decision No 1/2014 of the EU-Ukraine Association Council.
      Article 3
      Upon agreement of the Parties the list of Sub-Committees set out in the Annex and the scope of individual Sub-Committees listed in the Annex can be modified.
      Article 4
      This Decision shall enter into force on the date of its adoption.

         Done at,

               For the Association Council

               The Chair

         (1)  OJ L 161, 29.5.2014, p. 3.

         ANNEX

            LIST OF SUB-COMMITTEES

                     (1)

                     Sub-Committee on Freedom, Security and Justice

                     (2)

                     Sub-Committee on Economic and Other Sector Cooperation.

      DRAFT
      DECISION No 3/2014 OF THE EU-UKRAINE ASSOCIATION COUNCIL
      of …
      on the delegation of certain powers by the Association Council to the Association Committee in Trade configuration
      THE EU-UKRAINE ASSOCIATION COUNCIL,
      Having regard to the Association Agreement between the European Union and the European Atomic Energy Community and their Member States, of the one part, and Ukraine, of the other part (1) (‘the Agreement’), and in particular Article 463(3) and Article 465(2) thereof,
      Whereas:

                  (1)

                  In accordance with Article 486 of the Agreement, parts of the Agreement have been applied provisionally as of 1 November 2014.

                  (2)

                  Pursuant to Article 461(1) of the Agreement, the Association Council is responsible for supervising and monitoring the application and implementation of the Agreement.

                  (3)

                  Pursuant to Article 465(2) of the Agreement, the Association Council may delegate to the Association Committee any of its powers, including the power to take binding decisions.

                  (4)

                  Pursuant to Article 465(4) of the Agreement, the Association Committee is to meet in a specific configuration to address all issues related to Title IV (Trade and Trade-related Matters) of the Agreement.

                  (5)

                  In order to ensure smooth and timely implementation of the part of the Agreement related to the Deep and Comprehensive Free Trade Area, the Association Council should delegate the power to update or amend the Annexes to the Agreement which relate to Chapters 1, 2, 3, 5, 6 and 8 of Title IV (Trade and Trade-related Matters) of the Agreement to the Association Committee in Trade configuration, as set out in Article 465(4) of the Agreement, to the extent that there are no specific provisions in those Chapters relating to the updating or the amendment of those Annexes,

            HAS ADOPTED THIS DECISION:
      Article 1
      The Association Council hereby delegates the power to update or amend the Annexes to the Agreement which relate to Chapters 1 (Annexes I-C and I-D to the Agreement), 2 (Annex II to the Agreement) and 3, 5, 6 and 8 of Title IV (Trade and Trade-related Matters) of the Agreement to the Association Committee in Trade configuration, as set out in Article 465(4) of the Agreement, to the extent that there are no specific provisions in those Chapters relating to the updating or the amendment of those Annexes.
      Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at …,

               For the Association Council

               The Chair

         (1)  OJ L 161, 29.5.2014, p. 3.


Avis juridique important

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31995D0420

95/420/EC: Commission Decision of 19 July 1995 amending Decision 82/43/EEC relating to the setting up of an Advisory Committee on Equal Opportunities for Women and Men

Official Journal L 249 , 17/10/1995 P. 0043 - 0046

COMMISSION DECISION of 19 July 1995 amending Decision 82/43/EEC relating to the setting up of an  Advisory Committee on Equal Opportunities for Women and Men (95/420/EC)THE  COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Community, Whereas the constant improvement of living and working conditions and the harmonious development of  economies constitute objectives of the European Economic Community; Whereas the Heads of State and Government, meeting within the European Council on 10 and 11  December 1994, emphasized that equality of opportunity for women and men, together with the fight  against unemployment, is a paramount task of the European Union and its Member States; Whereas equality between women and men is essential to human dignity and democracy, and constitutes  a fundamental principle of Community law, of the constitutions and laws of the Member States, and  of international and European conventions; Whereas the application in practice of the principle of equal treatment for women and men must be  encouraged by improved cooperation and exchanges of views and experience between those bodies which  have special responsibility in the Member States for promoting equality of opportunity, the social  partners and the Commission; Whereas the full implementation in practice of the six Directives, two recommendations and nine  resolutions adopted by the Council in the field of equal opportunities  (1) can be speeded up  considerably with the assistance of national bodies having a network of specialized information at  their disposal; Whereas the preparation, implementation and monitoring of the Community's activities to promote  equal opportunities require close cooperation with specialized bodies in the Member States and with  the social partners, thereby necessitating an institutional framework for the purpose of regular  consultation with those parties; Whereas the Advisory Committee on Equal Opportunities for Women and Men, established by Commission  Decision 82/43/EEC of 9 December 1981  (1), has made a significant contribution to the Community's  activities in this field, particularly in terms of following up successive Community action  programmes both through its opinions and through its cooperation, on a partnership basis, with the  Commission; Whereas the composition and terms of reference of the Committee have to be adapted to take account  of current and future developments with a view to promoting equal opportunities, as outlined in the  Commission communication of 19 July 1995 proposing a new medium-term action programme in this  connection; whereas it is therefore necessary to amend Decision 82/43/EEC, HAS DECIDED AS FOLLOWS: Article 1 Decision 82/43/EEC is hereby amended as follows: 1.  Articles 2 and 3 are replaced by the following text: 'Article 2 1.  The Committee shall assist the Commission in formulating and implementing the Community's  activities aimed at promoting equal opportunities for women and men, and shall foster ongoing  exchanges of relevant experience, policies and practices between the Member States and the various  parties involved. 2.  To achieve the aims referred to in paragraph 1 above, the Committee shall: (a)  assist the Commission in the development of instruments for monitoring, evaluating and  disseminating the results of measures taken at Union level to promote equal opportunities; (b)  contribute to the implementation of Community action programmes in the field, mainly by  analysing the results and suggesting improvements to the measures taken; (c)  contribute, through its opinion, to the preparation of the Commission's annual report on  progress made towards achieving equality of opportunity for women and men; (d)  encourage exchanges of information on measures taken at all levels to promote equal  opportunities and, where appropriate, put forward proposals for possible follow-up action; (e)  deliver opinions or submit reports to the Commission, either at the latter's request or on its  own initiative, on any matter of relevance to the promotion of equal opportunities in the  Community. 3.  Procedures for the circulation of the Committee's opinions and reports shall be determined in  agreement with the Commission. They may be published as an annex to the Commission's annual report  on equal opportunities for women and men. Article 3 1.  The Committee shall comprise 40 members, i.e.: (a)  one representative per Member State from ministries or government departments responsible for  promoting equal opportunities; the representative shall be designated by the Government of each  Member State; (b)  one representative per Member State from national committees or bodies set up by official  decision, having specific responsibility for equal opportunities between women and men through  representation of the sectors concerned. Where there are several committees or bodies dealing with  these matters in a Member State, the Commission shall determine which body, by its objectives,  structure, representativeness and degree of independence, is best qualified to be represented on  the Committee. Any country without such committees shall be represented by members of bodies deemed  by the Commission to perform analogous duties; the representative shall be appointed by the  Commission, acting on a proposal from the relevant national committee or body; (c)  -  five members representing employers' organizations at Community level; -  five members representing workers' organizations at Community level. The representatives shall be appointed by the Commission, acting on a proposal from the social  partners at Community level. 2.  Two representatives of the European Women's Lobby shall attend meetings of the Committee as  observers. 3.  Representatives of international and professional organizations and other associations making  duly substantiated requests to the Commission may be given observer status.` 2.  Article 6 is replaced by the following text: 'Article 6 The Committee shall elect a chairperson, with a one-year term of office, from among its members.  Election shall be by a majority of two-thirds of the members present; a minimum of half the total  votes in favour shall, nevertheless, be required. Two vice-chairpersons shall be elected by the same majority and under the same conditions. They  shall be required to stand in for the chairperson in the absence of the latter. The chairperson and  vice-chairpersons must belong to different Member States. They shall constitute the Bureau of the  Committee, which shall meet before each meeting of the Committee. The Commission shall organize the work of the Committee in close cooperation with the chairperson.  The draft agenda for meetings of the Committee shall be set by the Commission in agreement with the  chairperson. The Secretariat of the Committee shall be provided by the Commission's Equal  Opportunities Unit. The minutes of the Committee's meetings shall be drawn up by the Commission and  submitted to the Committee for approval.` 3.  A third paragraph is added to Article 8 as follows: '3.  One or more members of the Committee may participate as observers in the activities of other  advisory committees of the Commission, and shall inform the Committee accordingly.` 4.  Articles 10 and 11 are replaced by the following text: 'Article 10 The Committee shall be convened by the Commission and shall meet on its premises. It shall meet at  least twice a year. Article 11 The Committee's deliberations deal with the requests for opinion presented by the Commission or  with the opinions which the Committee delivers on its own initiative. They are not followed by a  vote. The Commission, when requesting the Committee's opinion, may set a deadline within which the  opinion should be delivered. The views expressed by the different categories represented in the Committee are recorded in the  minutes, which are transmitted to the Commission. Where the opinion requested has been agreed unanimously by the Committee, it will draft common  conclusions which are annexed to the minutes.` Article 2 This Decision shall take effect on 1 January 1996. Done at Brussels, 19 July 1995. For the Commission Pádraig FLYNN Member of the Commission


title: Decision (EU, Euratom) 2017/1708 of the European Parliament of 27 April 2017 on discharge in respect of the implementation of the budget of the Euratom Supply Agency for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/300

         DECISION (EU, Euratom) 2017/1708 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on discharge in respect of the implementation of the budget of the Euratom Supply Agency for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Euratom Supply Agency for the financial year 2015,

               —

               having regard to the Court of Auditors' report on the annual accounts of the Euratom Supply Agency for the financial year 2015, together with the Agency's reply (1),

               —

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

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2015 (05873/2017 — C8-0069/2017),

               —

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

               —

               having regard to Article 106a of the Treaty establishing the European Atomic Energy Community,

               —

               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 1(2) thereof,

               —

               having regard to Council Decision 2008/114/EC, Euratom of 12 February 2008 establishing Statutes for the Euratom Supply Agency (4), and in particular Article 8 of the Annex thereto,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A8-0126/2017),

               1.

               Grants the Director-General of the Euratom Supply Agency discharge in respect of the implementation of the Agency's budget for the financial year 2015;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Director-General of the Euratom Supply 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

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 449, 1.12.2016, p. 184.

      (2)  See footnote 1.

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

      (4)  OJ L 41, 15.2.2008, p. 15.


title: Decision (EU) 2016/252 of the European Parliament and of the Council of 25 November 2015 on the mobilisation of the European Union Solidarity Fund for the payment of advances

text:
               24.2.2016

               EN

               Official Journal of the European Union

               L 47/5

         DECISION (EU) 2016/252 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 25 November 2015
   on the mobilisation of the European Union Solidarity Fund for the payment of advances
   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 and to show solidarity with the population of regions struck by disasters.

               (2)

               The Fund is not to exceed a maximum amount of EUR 500 million (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 foresees that the Fund may be mobilised in an amount up to a maximum of EUR 50 000 000 for the payment of advances, and the corresponding appropriations entered into the general budget of the Union,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2016, the European Union Solidarity Fund shall be mobilised to provide the sum 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.

      Done at Strasbourg, 25 November 2015.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         N. SCHMIT

      (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).


title: 2012/513/CFSP: Political and Security Committee Decision EUMM GEORGIA/1/2012 of 14 September 2012 extending the mandate of the Head of Mission of the European Union Monitoring Mission in Georgia (EUMM Georgia)

text:
               25.9.2012

               EN

               Official Journal of the European Union

               L 257/15

         POLITICAL AND SECURITY COMMITTEE DECISION EUMM GEORGIA/1/2012
   of 14 September 2012
   extending the mandate of the Head of Mission of the European Union Monitoring Mission in Georgia (EUMM Georgia)
   (2012/513/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision 2010/452/CFSP of 12 August 2010 on the European Union Monitoring Mission in Georgia, EUMM Georgia (1), as last amended by Council Decision 2011/536/CFSP (2), and in particular Article 10(1) thereof,
   Whereas:

               (1)

               Pursuant to Article 10(1) of Council Decision 2010/452/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of EUMM Georgia, including the decision to appoint a Head of Mission.

               (2)

               On 1 July 2011, upon a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR), the PSC adopted Decision EUMM/1/2011 (3) appointing Mr Andrzej TYSZKIEWICZ as Head of Mission of EUMM Georgia until 14 September 2011. His mandate was extended until 14 September 2012 by PSC Decision 2011/539/CFSP (4).

               (3)

               On 13 September 2012, the Council adopted Decision 2012/503/CFSP (5) extending the duration of EUMM Georgia until 14 September 2013.

               (4)

               On 12 September 2012, the HR proposed the extension of the mandate of Mr Andrzej TYSZKIEWICZ as Head of Mission of EUMM Georgia until 14 September 2013,

         HAS ADOPTED THIS DECISION:
   Article 1
   The mandate of Mr Andrzej TYSZKIEWICZ as Head of Mission of the European Union Monitoring Mission in Georgia (EUMM Georgia) is hereby extended until 14 September 2013.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 14 September 2012.

            For the Political and Security Committee

            The Chairperson

         O. SKOOG

      (1)  OJ L 213, 13.8.2010, p. 43.

      (2)  OJ L 236, 13.9.2011, p. 7.

      (3)  OJ L 175, 2.7.2011, p. 27.

      (4)  OJ L 238, 15.9.2011, p. 32.

      (5)  OJ L 249, 14.9.2012, p. 13.


title: Decision (EU) 2017/1732 of the European Parliament of 27 April 2017 on discharge in respect of the implementation of the budget of the Clean Sky 2 Joint Undertaking for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/341

         DECISION (EU) 2017/1732 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on discharge in respect of the implementation of the budget of the Clean Sky 2 Joint Undertaking for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Clean Sky 2 Joint Undertaking for the financial year 2015,

               —

               having regard to the Court of Auditors' report on the annual accounts of the Clean Sky 2 Joint Undertaking for the financial year 2015, together with the Joint Undertaking's reply (1),

               —

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

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the Joint Undertaking in respect of the implementation of the budget for the financial year 2015 (05875/2017 — C8-0087/2017),

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 209 thereof,

               —

               having regard to Council Regulation (EU) No 558/2014 of 6 May 2014 establishing the Clean Sky 2 Joint Undertaking (4), and in particular Article 12 thereof,

               —

               having regard to Commission Delegated Regulation (EU) No 110/2014 of 30 September 2013 on the model financial regulation for public-private partnership bodies referred to in Article 209 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (5),

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A8-0094/2017),

               1.

               Grants the Executive Director of the Clean Sky 2 Joint Undertaking discharge in respect of the implementation of the Joint Undertaking's budget for the financial year 2015;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution forming an integral part of it to the Executive Director of the Clean Sky 2 Joint Undertaking, 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

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 473, 16.12.2016, p. 15.

      (2)  OJ C 473, 16.12.2016, p. 17.

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

      (4)  OJ L 169, 7.6.2014, p. 77.

      (5)  OJ L 38, 7.2.2014, p. 2.


Avis juridique important

|

32003B0415

2003/415/EC: European Parliament Decision of 8 April 2003 concerning discharge in respect of the implementation of the general budget of the European Union for the 2001 financial year — Section VIII — Ombudsman

Official Journal L 148 , 16/06/2003 P. 0059 - 0059 Official Journal 064 E , 12/03/2004 P. 0230 - 0230

European Parliament Decisionof 8 April 2003concerning discharge in respect of the implementation of the general budget of the European Union for the 2001 financial year - Section VIII - Ombudsman(2003/415/EC)THE EUROPEAN PARLIAMENT,having regard to the Revenue and Expenditure Account and Balance Sheet in respect of the financial year 2001 (SEC(2002)405 - C5-0248/2002),having regard to the annual report of the European Court of Auditors for the financial year 2001, together with the institutions' replies (C5-0538/2002)(1),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 European Court of Auditors pursuant to Article 248 of the EC Treaty (C5-0538/2002),having regard to the Council's recommendation of 7 March 2003 (C5-0087/2003),having regard to Articles 272(10) and 275 of the EC Treaty,having regard to Article 22(2) and (3) of the Financial Regulation of 21 December 1977(2) and Article 50 of the Financial Regulation of 25 June 2002(3),having regard to Rule 93a and Annex V of its Rules of Procedure,having regard to the report of the Committee on Budgetary Control (A5-0101/2003/rev1),1. Grants discharge to the Ombudsman in respect of the implementation of the budget for the 2001 financial year;2. Records its comments in the accompanying resolution;3. Instructs its President to forward this decision and the accompanying resolution to the Council, the Commission, the Court of Justice, the Court of Auditors and the Ombudsman, and to have them published in the Official Journal of the European Union (L series).The Secretary-GeneralJulian PriestleyThe PresidentPat Cox(1) OJ C 295, 28.11.2002, p. 1.(2) OJ L 356, 31.12.1977, p. 1.(3) OJ L 248, 16.9.2002, p. 1.


title: 2013/721/EU: Decision of the European Parliament of 9 October 2013 on discharge in respect of the implementation of the European Union general budget for the financial year 2011, Section II — European Council and Council

text:
               7.12.2013

               EN

               Official Journal of the European Union

               L 328/95

         DECISION OF THE EUROPEAN PARLIAMENT
   of 9 October 2013
   on discharge in respect of the implementation of the European Union general budget for the financial year 2011, Section II — European Council and Council
   (2013/721/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2011 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2011 (COM(2012) 436 — C7-0226/2012) (2),

               —

               having regard to the Annual Report of the Court of Auditors on the implementation of the budget for the financial year 2011, together with the institutions’ replies (3),

               —

               having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2011 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to its decision of 17 April 2013 (5) postponing its decision on granting discharge for the financial year 2011, and the accompanying resolution,

               —

               having regard to Article 314(10) and Articles 317, 318 and 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 (6), and in particular Articles 50, 86, 145, 146 and 147 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 (7), and in particular Articles 164, 165 and 166 thereof,

               —

               having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 17 May 2006 on budgetary discipline and sound financial management (8),

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the second report of the Committee on Budgetary Control (A7-0310/2013),

               1.

               Refuses to grant the Secretary-General of the Council discharge in respect of the implementation of the European Council’s and the Council’s budget for the financial year 2011;

               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 European Council, the Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Ombudsman and the European Data Protection Supervisor, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 68, 15.3.2011, p. 1.

      (2)  OJ C 348, 14.11.2012, p. 1.

      (3)  OJ C 344, 12.11.2012, p. 1.

      (4)  OJ C 348, 14.11.2012, p. 130.

      (5)  OJ L 308, 16.11.2013, p. 20.

      (6)  OJ L 248, 16.9.2002, p. 1.

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

      (8)  OJ C 139, 14.6.2006, p. 1.

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 9 October 2013
      with observations forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2011, Section II — European Council and Council
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the European Union general budget for the financial year 2011 (1),

                  —

                  having regard to the consolidated annual accounts of the European Union for the financial year 2011 (COM(2012) 436 — C7-0226/2012) (2),

                  —

                  having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2011, together with the institutions’ replies (3),

                  —

                  having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2011 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to its decision of 17 April 2013 (5) postponing its decision on granting discharge for the financial year 2011, and the accompanying resolution,

                  —

                  having regard to Article 314(10) and Articles 317, 318 and 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 (6), and in particular Articles 50, 86, 145, 146 and 147 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 (7), and in particular Articles 164, 165 and 166 thereof,

                  —

                  having regard to the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 17 May 2006 on budgetary discipline and sound financial management (8),

                  —

                  having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

                  —

                  having regard to the second report of the Committee on Budgetary Control (A7-0310/2013),

                  A.

                  Whereas in a democratic society, taxpayers and public opinion have the right to be kept informed of the use of public funds (9);

                  B.

                  Whereas citizens have the right to know how their taxes are being spent and how the power entrusted to political bodies is handled;

                  C.

                  Whereas the Council, as a Union institution, should be subject to democratic accountability towards the citizens of the Union as far as it is a beneficiary of the general budget of the European Union;

                  D.

                  Whereas Parliament is the sole directly elected body among the Union institutions and has responsibility to grant discharge in respect of the implementation of the general budget of the European Union;

                  1.

                  Emphasises Parliament’s role specified in the Treaty on the Functioning of the European Union (TFEU) in respect of the budget discharge;

                  2.

                  Points out that under Article 335 TFEU, ‘the Union shall be represented by each of the institutions, by virtue of their administrative autonomy, in matters relating to their respective operation’ and that accordingly, taking into account Article 55 of the Financial Regulation, the institutions are individually responsible for the implementation of their budgets;

                  3.

                  Notes that under Rule 77 of its Rules of Procedure, ‘the provisions governing the procedure for granting discharge to the Commission in respect of the implementation of the budget shall likewise apply to the procedure for granting discharge to […] the persons responsible for the implementation of the budgets of the other institutions and bodies of the European Union such as the Council (as regards its activity as executive), the Court of Justice of the European Union, the Court of Auditors, the European Economic and Social Committees and the Committee of the Regions’;

         Opinion of the Court of Auditors on the European Council and Council in its statement of assurance for the financial year 2011

                  4.

                  Emphasises the fact that in the annual report concerning the financial year 2011, the Court of Auditors included observations on the European Council and the Council concerning procurement procedures relating to cleaning services and the purchase of service clothing and shoes, in which certain weaknesses in the application of selection and award criteria were identified;

                  5.

                  Notes the Council’s explanations concerning the procurement shortcomings and its assurance of full respect of the spirit and the principles of the Financial Regulation;

                  6.

                  Shares the Court of Auditors’ recommendations that authorising officers should improve the design, coordination and performance of procurement procedures through appropriate checks and better guidance; recommends the stricter application of the procurement rules, with which all the Union institutions are bound to comply;

                  7.

                  Notes that the Council did not provide any further reply to the Court of Auditors’ recommendation relating to the appropriate checks and better guidance of procurement procedures;

         Pending issues

                  8.

                  Regrets the difficulties encountered in discharge procedures for the financial years 2007, 2008, 2009 and 2010, which were due to a lack of cooperation from the Council; points out that Parliament refused to grant discharge to the Secretary-General of the Council in respect of the implementation of the Council’s budget for the financial years 2009 and 2010 for the reasons set out in its resolutions of 10 May 2011 (10), 25 October 2011 (11), 10 May 2012 (12) and 23 October 2012 (13);

                  9.

                  Expects that future annual activity reports which are received by Parliament from the Council will include a comprehensive overview of all human resources broken down by category, grade, sex, nationality and vocational training, as well as the internal budget decisions of the Council;

                  10.

                  Stresses that the budget of the European Council and the Council should be separated in order to contribute to the transparency of their financial management and to ensure better accountability of both institutions;

                  11.

                  Reiterates that the Council must provide a thorough written explanation detailing the total amount of appropriations used in the purchase of the Résidence Palace building, the budget items from which those appropriations were drawn, the instalments that have been paid thus far, the instalments that are yet to be paid and the purpose that the building will serve;

                  12.

                  Regrets that the Council continues to refuse to answer Parliament’s questions;

                  13.

                  Reiterates that it is still waiting for a reply from the Council to the questions and the request for documents set out in its resolution of 10 May 2012; calls on the Secretary-General of the Council to provide Parliament’s Committee on Budgetary Control with comprehensive written answers to these questions;

                  14.

                  Insist that the expenditure of the Council must be scrutinised in the same way as that of other institutions; is of the opinion that the fundamental elements of such scrutiny are laid down in its resolution of 23 October 2012;

                  15.

                  Welcomes, however, the fact that the Presidency in office of the Council accepted Parliament’s invitation to the debate held in plenary on 16 April 2013 on the 2011 discharge reports; endorses the fact that the Presidency was open to developing a beneficial cooperation between Parliament and the Council;

                  16.

                  Notes the Irish Presidency’s proposal to establish an interinstitutional working group to negotiate possible solutions to the Council’s discharge; looks to the Lithuanian Presidency of the Council for a specific proposal;

         The right of Parliament to grant discharge

                  17.

                  Emphasises Parliament’s prerogatives to grant discharge pursuant to Articles 317, 318 and 319 TFEU, in line with current interpretation and practice, namely to grant discharge to each heading of the budget individually in order to maintain transparency and democratic accountability towards Union taxpayers;

                  18.

                  Recalls that the Commission, in its reply of 25 November 2011 to the letter from the Chair of the Committee on Budgetary Control, wrote that it is desirable for Parliament to continue to give, postpone or refuse discharge to the other institutions, including the Council, as has been the case up until now;

                  19.

                  Is of the opinion that in any event, an assessment must be carried out of the Council’s management as a Union institution during the financial year under examination, thereby upholding Parliament’s prerogatives, in particular the assurance of democratic accountability towards the citizens of the Union;

                  20.

                  Believes therefore that some progress could be achieved if Parliament and the Council could set up together a list of documents to be exchanged in order to fulfil their respective roles in the discharge process;

                  21.

                  Considers that a satisfactory cooperation between both institutions materialised in an open and formal dialogue procedure can be a positive sign to be sent to the citizens of the Union in these difficult times.

         (1)  OJ L 68, 15.3.2011, p. 1.

         (2)  OJ C 348, 14.11.2012, p. 1.

         (3)  OJ C 344, 12.11.2012, p. 1.

         (4)  OJ C 348, 14.11.2012, p. 130.

         (5)  OJ L 308, 16.11.2013, p. 20.

         (6)  OJ L 248, 16.9.2002, p. 1.

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

         (8)  OJ C 139, 14.6.2006, p. 1.

         (9)  Judgment of the Court of Justice of 20 May 2003 in Joined Cases C-465/00, C-138/01 and C-139/01 Österreichischer Rundfunk and others ([2003] ECR I-4989, paragraph 85).

         (10)  OJ L 250, 27.9.2011, p. 25.

         (11)  OJ L 313, 26.11.2011, p. 13.

         (12)  OJ L 286, 17.10.2012, p. 23.

         (13)  OJ L 350, 20.12.2012, p. 71.


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31982D0072

82/72/EEC: Council Decision of 3 December 1981 concerning the conclusion of the Convention on the conservation of European wildlife and natural habitats

Official Journal L 038 , 10/02/1982 P. 0001 - 0002 Finnish special edition: Chapter 11 Volume 10 P. 0087  Spanish special edition: Chapter 15 Volume 3 P. 0084  Swedish special edition: Chapter 11 Volume 10 P. 0087  Portuguese special edition Chapter 15 Volume 3 P. 0084

COUNCIL DECISION of 3 December 1981 concerning the conclusion of the Convention on the conservation of European wildlife and natural habitatsTHE 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), (1) OJ No C 175, 14.7.1980, p. 17. Having regard to the opinion of the Economic and Social Committee (2), (2) OJ No C 53, 3.3.1980, p. 50. Whereas a programme of action of the European Communities on the environment was adopted by the declaration of 22 November 1973 (3), and supplemented by the resolution of 17 May 1977 (4) ; whereas the aim of an environment policy in the Community, as defined in these acts, is to improve the setting and quality of life and the surroundings and living conditions of the peoples of the Community ; whereas to this end it is, in particular, necessary to ensure the sound management of resources and of the natural environment and avoid any exploitation of them which causes significant damage to the ecological balance ; whereas, further, common solutions to environment problems with States outside the Community should be sought, particularly in international organizations; (3) OJ No C 112, 20.12.1973, p. 1. (4) OJ No C 139, 13.6.1977, p. 1. Whereas, as part of the Community programme of action on the environment, the Council adopted Directive 79/409/EEC on the conservation of wild birds (5), which covers the protection, management and control of these species and lays down rules for their exploitation; (5) OJ No L 103, 25.4.1979, p. 1.  Whereas the Community has participated in negotiations within the Council of Europe for a Convention on the conservation of European wildlife and natural habitats ; whereas that Convention was signed on 19 September 1979; Whereas participation by the Community in the implementation of the said Convention is necessary in order to attain one of the objectives of the Community ; whereas the powers necessary for this end are not provided for by the Treaty, other than Article 235 thereof; Whereas the Community will take part in such implementation by exercising the powers resulting from existing common rules and those acquired by it by virtue of future acts adopted by the Council as well as by making use of the results of Community action (research - exchange of information) undertaken in the areas concerned; Whereas it is necessary for the Community to approve the said Convention;Whereas the conditions of life for wild flora and fauna in Greenland are fundamentally different from those of wild flora and fauna in the other regions of the Community because of the general circumstances and in particular the climate, the low density of population and the exceptional size and geographical situation of the island ; whereas, because of this fact, the Council has already had to exclude Greenland from the scope of the Directive on the conservation of wild birds ; whereas therefore Greenland should also be excluded from the scope of the Convention, HAS DECIDED AS FOLLOWS:Article 1The Convention on the conservation of European wildlife and natural habitats is hereby approved on behalf of the European Economic Community. The text of the Convention is annexed to this Decision. Article 2The President of the Council shall deposit the instrument of approval as provided for in Article 19 of the Convention (1) for the territories in which the Treaty establishing the European Economic Community is applied under the conditions laid down in that Treaty, with the exception of Greenland.(1) The date of entry into force of the Convention will be published in the Official Journal of the European Communities by the General Secretariat of the Council.Done at Brussels, 3 December 1981. For the Council The President T. KING


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31994D0479

94/479/EC: Council Decision of 29 March 1994 on the conclusion of an Agreement in the form of Exchanges of Letters between the European Community and the European Bank for Reconstruction and Development on the contribution of the Community to the Nuclear Safety Account

Official Journal L 200 , 03/08/1994 P. 0033 - 0034 Finnish special edition: Chapter 11 Volume 32 P. 0114  Swedish special edition: Chapter 11 Volume 32 P. 0114

COUNCIL DECISION of 29 March 1994 on the conclusion of an Agreement in the form of Exchanges of Letters between the European Community and the European Bank for Reconstruction and Development on the contribution of the Community to the Nuclear  Safety Account (94/479/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European 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 the precarious situation in the field of nuclear safety in several countries of central and eastern Europe and of the former Soviet Union requires international efforts in order to enhance the level of nuclear safety in these countries as part  of a coordinated strategy; whereas the Community, through its technical assistance programmes Phare and Tacis, devotes considerable means to this end; whereas the Commission has also submitted a proposal for a Decision amending Decision 77/270/Euratom,  to authorize the Commission to contract Euratom borrowings in order to contribute to the financing required for improving the degree of efficiency and safety of nuclear power stations in certain non-Member countries;  Whereas as a complement to the efforts already undertaken a multilateral fund, called the Nuclear Safety Account, has been established with the European Bank for Reconstruction and Development which aims at the financing of short term measures to  enhance the level of nuclear safety in the countries in question; whereas the European Council in its meeting in Lisbon as well as the Council in its conclusions of 7 December 1992 have expressed the wish that the Community contribute to this fund;  Whereas the Commission must make sure that the operations carried out under the Nuclear Safety Account of the European Bank for Reconstruction and Development are coordinated with the European Union's nuclear safety strategy for the countries of central  and eastern Europe and of the former Soviet Union;  Whereas, in order to determine the most suitable aid strategies, nuclear safety has to be viewed as part of the problem of the overall energy options of the countries of central and eastern Europe and of the former Soviet Union; noting in this context  the conclusions of the report drawn up jointly in June 1993 by the World Bank, the International Energy Agency and the European Bank for Reconstruction and Development;  Whereas recipient countries must respect the principal international safety agreements, subscribe to the Vienna and Paris international conventions on the civil liability of operators and, to this end, establish appropriate rules governing insurance;  Whereas recipient countries must have independent safety authorities, be planning to replace their most unsafe nuclear power stations, draw up energy-saving measures, intend to phase in genuine energy pricing and have an overall energy programme in  preparation;  Whereas therefore any material assistance, considered a necessity in the short term, for the most dangerous power stations - mainly those with RBMK and VVER-230 reactors - where they are essential to electricity generation in the recipient country, must  always be conditional on the existence or the preparation of a plan for the early shut-down of those power stations;  Whereas the Commission, as part of the budgetary procedure, will draw up an annual report for the European Parliament and the Council on the operations carried out under the European Bank for Reconstruction and Development's Nuclear Safety Account and  their compatibility with the European Union's nuclear safety strategy;  Whereas the Council has authorized the Commission to negotiate an Agreement providing for a contribution of the Community to the Nuclear Safety Account; whereas that Agreement should be approved;  Whereas the Agreement in question will contribute to the achievement of the Community's objectives; whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 235,  HAS DECIDED AS FOLLOWS:   Article 1  The Agreement in the form of Exchanges of Letters between the European Community and the European Bank for Reconstruction and Development on the contribution of the Community to the Nuclear Safety Account is hereby approved on behalf of the  Community.  The texts of the Exchanges of Letters are attached to this Decision.   Article 2  The Community shall be represented in the Assembly of contributors and, if need be, in the Operating Committee of the Nuclear Safety Account, by the Commission which shall appoint its representatives.   Article 3  This Decision shall be published in the Official Journal of the European Communities.  Done at Brussels, 29 March 1994.  For the Council The President G. MORAITIS  (1) Opinion delivered on 11 March 1994 (OJ No C 91, 28. 3. 1994).


title: Council Decision (EU) 2015/2453 of 8 December 2015 on the conclusion, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Community and the Principality of Liechtenstein providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments

text:
               24.12.2015

               EN

               Official Journal of the European Union

               L 339/1

         COUNCIL DECISION (EU) 2015/2453
   of 8 December 2015
   on the conclusion, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Community and the Principality of Liechtenstein providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 115 in conjunction with Article 218(6)(b) and the second subparagraph of Article 218(8),
   Having regard to the proposal from the European Commission,
   Having regard to the opinion of the European Parliament (1),
   After consultation of the European Data Protection Supervisor,
   Whereas:

               (1)

               In accordance with Decision (EU) 2015/1994 (2), the Amending Protocol to the Agreement between the European Community and the Principality of Liechtenstein providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments (the ‘Amending Protocol’) was signed on 28 October 2015, subject to its conclusion at a later date.

               (2)

               The text of the Amending Protocol, which is the result of negotiations, duly reflects the negotiating directive therefor issued by the Council, as it aligns the Agreement between the European Community and the Principality of Liechtenstein providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments (3) (the ‘Agreement’) with the latest developments at international level concerning the automatic exchange of information, namely, with the global standard for automatic exchange of financial account information in tax matters developed by the Organisation for Economic Cooperation and Development (OECD). The Union, its Member States and the Principality of Liechtenstein have actively participated in the work of the Global Forum of the OECD for supporting the development and implementation of that standard. The text of the Agreement, as amended by the Amending Protocol, is the legal basis for implementing the global standard in relations between the European Union and the Principality of Liechtenstein.

               (3)

               The Amending Protocol should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Amending Protocol to the Agreement between the European Community and the Principality of Liechtenstein providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments is hereby approved on behalf of the European Union.
   The text of the Amending Protocol is attached to this Decision.
   Article 2
   1.   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 2(1) of the Amending Protocol (4).
   2.   The Commission shall notify the Principality of Liechtenstein and the Member States of the notifications given in accordance with Article 1(l)d of the Agreement as resulting from the Amending Protocol.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 8 December 2015.

            For the Council

            The President

         P. GRAMEGNA

      (1)  Opinion of 2 December 2015 (not yet published in the Official Journal).

      (2)  Council Decision (EU) 2015/1994 of 26 October 2015 on the signing, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Community and the Principality of Liechtenstein providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments (OJ L 290, 6.11.2015, p. 16).

      (3)  OJ L 379, 24.12.2004, p. 84.

      (4)  The date of entry into force of the Amending Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.