title: Council Decision 2005/593/CFSP of 18 July 2005 concerning the conclusion of the Agreement between the European Union and the Republic of Chile on the participation of the Republic of Chile in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA)

text:
               3.8.2005

               EN

               Official Journal of the European Union

               L 202/39

         COUNCIL DECISION 2005/593/CFSP
   of 18 July 2005
   concerning the conclusion of the Agreement between the European Union and the Republic of Chile on the participation of the Republic of Chile in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               On 12 July 2004, the Council adopted Joint Action 2004/570/CFSP on the European Union military operation in Bosnia and Herzegovina (1).

               (2)

               Article 11(3) of that Joint Action provides that detailed arrangements regarding the participation of third States are to be the subject of an agreement, in accordance with Article 24 of the Treaty on European Union.

               (3)

               Following authorisation by the Council on 13 September 2004, the Presidency, assisted by the Secretary-General/High Representative, negotiated an Agreement between the European Union and the Republic of Chile on the participation of the Republic of Chile in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA).

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the Republic of Chile on the participation of the Republic of Chile in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA) is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the European Union.
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 18 July 2005.

            For the Council

            The President

         J. STRAW

      (1)  OJ L 252, 28.7.2004, p. 10.
   AGREEMENT
   between the European Union and the Republic of Chile on the participation of the Republic of Chile in the European Union military crisis management operation in Bosnia and Herzegovina (Operation ALTHEA)
   THE EUROPEAN UNION (EU),
   of the one part, and
   THE REPUBLIC OF CHILE,
   of the other part,
   hereinafter referred to as the ‘Parties’,
   TAKING INTO ACCOUNT:

               —

               the adoption of United Nations Security Council Resolution 1575 (2004) of 22 November 2004 concerning the establishment of EUFOR,

               —

               the adoption by the Council of the European Union of Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina (1),

               —

               the invitation to the Republic of Chile to participate in the EU-led operation,

               —

               the successful completion of the Force Generation process and the recommendation by the EU Operation Commander and the EU Military Committee to agree on the participation of the Republic of Chile’s forces in the EU-led operation,

               —

               Political and Security Committee Decision BiH/1/2004 of 21 September 2004 (2) on the acceptance of the Republic of Chile’s contribution to the EU military operation in Bosnia and Herzegovina,

               —

               Political and Security Committee Decision BiH/3/2004 of 29 September 2004 on the setting-up of the Committee of Contributors for the European Union military operation in Bosnia and Herzegovina (3),

         HAVE AGREED AS FOLLOWS:
   Article 1
   Participation in the operation
   1.   The Republic of Chile shall associate itself with Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina and with any Joint Action or Decision by which the Council of the European Union decides to prolong the EU military crisis management operation, in accordance with the provisions of this Agreement and any required implementing arrangements.
   2.   The contribution of the Republic of Chile to the EU military crisis management operation is without prejudice to the decision-making autonomy of the European Union.
   3.   The Republic of Chile shall ensure that its forces and personnel participating in the EU military crisis management operation undertake their mission in conformity with:

               —

               Joint Action 2004/570/CFSP and possible subsequent amendments,

               —

               the Operation Plan,

               —

               implementing measures.

         4.   Forces and personnel seconded to the operation by the Republic of Chile shall carry out their duties and conduct themselves solely with the interest of the EU military crisis management operation in mind, without prejudice to Article 4(1).
   5.   The Republic of Chile shall inform the EU Operation Commander in due time of any change to its participation in the operation.
   Article 2
   Status of forces
   1.   The status of the forces and personnel contributed to the EU military crisis management operation by the Republic of Chile shall be governed in accordance with the provisions contained in paragraph 12 of United Nations Security Council Resolution 1575 (2004) of 22 November 2004.
   2.   The status of the forces and personnel contributed to headquarters or command elements located outside Bosnia and Herzegovina, shall be governed by arrangements between the headquarters and command elements concerned and the Republic of Chile.
   3.   Without prejudice to the provisions on the status of forces referred to in paragraph 1, the Republic of Chile shall exercise jurisdiction over its forces and personnel participating in the EU military crisis management operation.
   4.   The Republic of Chile shall be responsible for answering any claims linked to the participation in the EU military crisis management operation, from or concerning any of its forces and personnel. The Republic of Chile shall be responsible for bringing any action, in particular legal or disciplinary, against any of its forces and personnel, in accordance with its laws and regulations.
   5.   The Republic of Chile undertakes to make a declaration as regards the waiver of claims against any State participating in the EU military crisis management operation, and to do so when signing this Agreement.
   6.   The European Union undertakes to ensure that Member States make a declaration as regards the waiver of claims, for the participation of the Republic of Chile in the EU military crisis management operation, and to do so when signing this Agreement.
   Article 3
   Classified information
   1.   The Republic of Chile shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council’s security regulations, contained in the Council Decision 2001/264/EC of 19 March 2001 (4), and in accordance with further guidance issued by competent authorities, including the EU Operation Commander.
   2.   Where the EU and the Republic of Chile have concluded an agreement on security procedures for the exchange of classified information, the provisions of such an agreement shall apply in the context of the EU military crisis management operation.
   Article 4
   Chain of command
   1.   All forces and personnel participating in the EU military crisis management operation shall remain under the full command of their national authorities.
   2.   National authorities shall transfer the Operational and Tactical command and/or control of their forces and personnel to the EU Operation Commander. The EU Operation Commander is entitled to delegate his authority.
   3.   The Republic of Chile shall have the same rights and obligations in terms of the day-to-day management of the operation as participating European Union Member States.
   4.   The EU Operation Commander may, following consultations with the Republic of Chile, at any time request the withdrawal of the Republic of Chile’s contribution.
   5.   A Senior Military Representative (SMR) shall be appointed by the Republic of Chile to represent its national contingent in the EU military crisis management operation. The SMR shall consult with the EU Force Commander on all matters affecting the operation and shall be responsible for day-to-day contingent discipline.
   Article 5
   Financial aspects
   1.   The Republic of Chile shall assume all the costs associated with its participation in the operation unless the costs are subject to common funding as provided for in the legal instruments referred to in Article 1(1) of this Agreement, as well as in Council Decision 2004/197/CFSP of 23 February 2004 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (5).
   2.   In case of death, injury, loss or damage to natural or legal persons from the State(s) in which the operation is conducted, the Republic of Chile shall, when its liability has been established, pay compensation under the conditions foreseen in the provisions on status of forces, as referred to in Article 2(1) of this Agreement.
   Article 6
   Arrangements to implement the Agreement
   Any necessary technical and administrative arrangements in pursuance of the implementation of this Agreement shall be concluded between the Secretary-General of the Council of the European Union/High Representative for the Common Foreign and Security Policy, and the appropriate authorities of the Republic of Chile.
   Article 7
   Non-compliance
   Should one of the Parties fail to comply with its obligations laid down in the previous Articles, the other Party shall have the right to terminate this Agreement by serving a notice of one month.
   Article 8
   Dispute settlement
   Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
   Article 9
   Entry into force
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.
   2.   This Agreement shall remain in force for the duration of the Republic of Chile’s contribution to the operation.

      Done at Brussels, on 25 July 2005 in the English language in four copies.

            For the European Union

            For the Republic of Chile

      (1)  OJ L 252, 28.7.2004, p. 10.

      (2)  OJ L 324, 27.10.2004, p. 20.

      (3)  OJ L 325, 28.10.2004, p. 64. Decision as amended by Decision BiH/5/2004 (OJ L 357, 2.12.2004, p. 39).

      (4)  OJ L 101, 11.4.2001, p. 1. Decision as amended by Decision 2004/194/EC (OJ L 63, 28.2.2004, p. 48).

      (5)  OJ L 63, 28.2.2004, p. 68.
   DECLARATIONS
   referred to in Article 2(5) and (6)
   Declaration by the EU Member States:
   ‘The EU Member States applying EU Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina will endeavour, insofar as their internal legal systems so permit, to waive as far as possible claims against the Republic of Chile for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis management operation if such injury, death, damage or loss:

               —

               was caused by personnel from the Republic of Chile in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or

               —

               arose from the use of any assets owned by the Republic of Chile, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel from the Republic of Chile using those assets.’.

         Declaration by the Republic of Chile:
   ‘The Republic of Chile applying EU Joint Action 2004/570/CFSP of 12 July 2004 on the European Union military operation in Bosnia and Herzegovina will endeavour, insofar as its internal legal system so permits, to waive as far as possible claims against any other State participating in the EU crisis management operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if such injury, death, damage or loss:

               —

               was caused by personnel in the execution of their duties in connection with the EU crisis management operation, except in case of gross negligence or wilful misconduct, or

               —

               arose from the use of any assets owned by States participating in the EU crisis management operation, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EU crisis management operation personnel using those assets.’.


Avis juridique important

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31980D1094

Commission Decision of 25 November 1980 terminating the anti-dumping proceeding concerning imports of edible and pharmaceutical gelatine originating in Sweden

Official Journal L 320 , 27/11/1980 P. 0041

****( 1 ) OJ NO L 339 , 31 . 12 . 1979 , P . 1 .  ( 2 ) OJ NO C 219 , 27 . 8 . 1980 , P . 2 .    COMMISSION DECISION   OF 25 NOVEMBER 1980   TERMINATING THE ANTI-DUMPING PROCEEDING CONCERNING IMPORTS OF EDIBLE AND PHARMACEUTICAL GELATINE ORIGINATING IN SWEDEN  ( 80/1094/EEC )   THE COMMISSION OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 3017/79 OF 20 DECEMBER 1979 ON PROTECTION AGAINST DUMPED OR SUBSIDIZED IMPORTS FROM COUNTRIES NOT MEMBERS OF THE EUROPEAN ECONOMIC COMMUNITY ( 1 ),   AFTER HEARING THE OPINIONS EXPRESSED BY THE ADVISORY COMMITTEE SET UP UNDER THAT REGULATION ,   WHEREAS THE COMMISSION , AFTER RECEIVING A COMPLAINT CONTAINING EVIDENCE OF DUMPING IN RESPECT OF EDIBLE AND PHARMACEUTICAL GELATINE ORIGINATING IN SWEDEN AND OF MATERIAL INJURY RESULTING THEREFROM , ANNOUNCED THE INITIATION OF A PROCEEDING CONCERNING IMPORTS OF THIS PRODUCT INTO THE COMMUNITY ( 2 ), OFFICIALLY ADVISED THE EXPORTERS AND IMPORTERS KNOWN TO BE CONCERNED AND THE COMPLAINANT AND COMMENCED AN INVESTIGATION OF THE MATTER ;   WHEREAS THE COMMISSION HAS GIVEN THE PARTIES CONCERNED THE OPPORTUNITY TO MAKE KNOWN THEIR VIEWS IN WRITING AND TO APPLY TO BE HEARD ORALLY ; WHEREAS THE COMPLAINANT , THE EXPORTER , IMPORTERS AND CERTAIN END-USERS OF THE PRODUCT IN QUESTION HAVE AVAILED THEMSELVES OF THIS OPPORTUNITY ; WHEREAS THE COMMISSION HAS FURTHERMORE GIVEN THE PARTIES DIRECTLY CONCERNED AN OPPORTUNITY TO MEET SO THAT OPPOSING VIEWS MIGHT BE PRESENTED AND ANY REBUTTAL ARGUMENTS PUT FORWARD ; WHEREAS NEITHER THE COMPLAINANT NOR THE EXPORTER HAS TAKEN THIS OPPORTUNITY ; WHEREAS THE COMPLAINANT , THE IMPORTERS AND THE EXPORTER KNOWN TO BE CONCERNED AS WELL AS THE REPRESENTATIVES OF THE EXPORTING COUNTRY HAVE HAD THE OPPORTUNITY TO INSPECT NON-CONFIDENTIAL INFORMATION MADE AVAILABLE TO THE COMMISSION WHICH IS RELEVANT TO THE DEFENCE OF THEIR INTERESTS ; WHEREAS THE COMPLAINANT WAS ALSO GIVEN THE OPPORTUNITY TO COMMENT ON A DETAILED NON-CONFIDENTIAL MEMORANDUM SUBMITTED BY THE EXPORTER AND HAS AVAILED ITSELF OF THIS OPPORTUNITY ;   WHEREAS IN THE COURSE OF THE PROCEEDING , THE COMMISSION SOUGHT AND VERIFIED ALL INFORMATION IT DEEMED TO BE NECESSARY AND CARRIED OUT INSPECTIONS AT THE PREMISES OF THE SWEDISH PRODUCER ;   WHEREAS , IN EXAMINING THE EXISTENCE OF DUMPING BY THE SWEDISH PRODUCER , THE COMMISSION HAD TO CONSIDER THAT THE COMPLAINT ALLEGED THAT SALES ON THE SWEDISH MARKET WERE MADE AT A LOSS ; WHEREAS THESE ALLEGATIONS WERE BASED ON DETAILED COST CALCULATIONS , DERIVED FROM PRODUCTION COSTS IN THE COMMUNITY EXTRAPOLATED FOR SWEDEN AS COMPARED TO ACTUAL SWEDISH RESALE PRICES ; WHEREAS , THEREFORE , THE COMMISSION EXAMINED ALL PRODUCTION COSTS , INCLUDING DEPRECIATION , FINANCE COSTS AND ALLOCATION OF OTHER OVERHEADS OF THE SWEDISH PRODUCER FOR THE PERIOD 1 AUGUST 1979 TO 31 JULY 1980 AND DETERMINED THAT SALES ON THE SWEDISH MARKET DURING THAT PERIOD WERE NOT MADE AT A LOSS ; WHEREAS , FURTHERMORE , IN COMPARING THE SWEDISH PRODUCER ' S EXPORTS TO THE COMMUNITY , AND THE UNITED KINGDOM IN PARTICULAR , WITH THE TOTAL SALES ON THE SWEDISH DOMESTIC MARKET THE COMMISSION FOUND THAT SALES MADE ON THE HOME MARKET WERE IN QUANTITIES SUFFICIENT TO PERMIT A PROPER COMPARISON ; WHEREAS THE COMMISSION THEREFORE DETERMINED THAT SALES ON THE DOMESTIC MARKET IN SWEDEN SHOULD BE USED FOR THE PURPOSE OF ESTABLISHING THE NORMAL VALUE ;   WHEREAS ALL PRICE COMPARISONS WERE MADE ON A GELATINE GRADE-BY-GRADE BASIS AND , WHERE DEEMED NECESSARY , ON A TRANSACTION-BY-TRANSACTION BASIS ; WHEREAS THESE COMPARISONS WERE MADE AT THE EX-FACTORY LEVEL FOR SALES DURING THE PERIOD 1 JANUARY 1979 TO 31 JULY 1980 ; WHEREAS NO ADJUSTMENTS OF THE SELLING PRICES WERE CLAIMED OR DEEMED NECESSARY ;   WHEREAS IT EMERGED FROM THIS EXAMINATION THAT ON AVERAGE THE EXPORT PRICES TO THE UNITED KINGDOM EXCEEDED THE CORRESPONDING DOMESTIC PRICES ON THE SWEDISH MARKET BY 16.7 % FOR THE PERIOD 1 JANUARY 1979 TO 31 DECEMBER 1979 AND BY 9.3 % FOR THE PERIOD 1 JANUARY 1980 TO 31 JULY 1980 , OR BY AN AVERAGE OF 12.9 % ;   WHEREAS , CONSEQUENTLY , NO DUMPING EXISTED IN THE CASE OF EXPORTS OF THE PRODUCTS IN QUESTION TO THE UNITED KINGDOM ;   WHEREAS , IN THESE CIRCUMSTANCES , IT IS APPROPRIATE TO TERMINATE THE PROCEEDING CONCERNING IMPORTS OF EDIBLE AND PHARMACEUTICAL GELATINE ORIGINATING IN SWEDEN ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   THE ANTI-DUMPING PROCEEDING IN RESPECT OF IMPORTS OF EDIBLE AND PHARMACEUTICAL GELATINE , FALLING UNDER COMMON CUSTOMS TARIFF SUBHEADING EX 35.03 B I AND CORRESPONDING TO NIMEXE CODE EX 35.03-91 , AND ORIGINATING IN SWEDEN IS HEREBY TERMINATED .   DONE AT BRUSSELS , 25 NOVEMBER 1980 .   FOR THE COMMISSION   WILHELM HAFERKAMP   VICE-PRESIDENT


Avis juridique important

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11972B/DEC/CEE/EUR

DOCUMENTS CONCERNING THE ACCESSION TO THE EUROPEAN COMMUNITIES OF THE KINGDOM OF DENMARK, IRELAND, THE KINGDOM OF NORWAY AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND, DECISION OF THE COUNCIL OF THE EUROPEAN COMMUNITIES OF 22 JANUARY 1972 ON THE ACCESSION OF THE KINGDOM OF DENMARK, IRELAND, THE KINGDOM OF NORWAY AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND TO THE EUROPEAN ECONOMIC COMMUNITY AND TO THE EUROPEAN ATOMIC ENERGY COMMUNITY

Official Journal L 073 , 27/03/1972 P. 0004

++++DECISION OF THE COUNCIL OF THE EUROPEAN COMMUNITIES  OF 22 JANUARY 1972  ON THE ACCESSION OF THE KINGDOM OF DENMARK , IRELAND , THE KINGDOM OF NORWAY AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND TO THE EUROPEAN ECONOMIC COMMUNITY AND TO THE EUROPEAN ATOMIC ENERGY COMMUNITY  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO ARTICLE 237 OF THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY AND ARTICLE 205 OF THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY ,  WHEREAS THE KINGDOM OF DENMARK , IRELAND , THE KINGDOM OF NORWAY AND THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND HAVE APPLIED TO ACCEDE TO THE EUROPEAN ECONOMIC COMMUNITY AND TO THE EUROPEAN ATOMIC ENERGY COMMUNITY ,  HAVING OBTAINED THE OPINION OF THE COMMISSION ,  HAS DECIDED  TO ACCEPT THESE APPLICATIONS FOR ACCESSION ; THE CONDITIONS OF ADMISSION AND THE ADJUSTMENTS TO THE TREATIES NECESSITATED THEREBY ARE TO BE THE SUBJECT OF AN AGREEMENT BETWEEN THE MEMBER STATES AND THE PPLICANT STATES .  DONE AT BRUSSELS , 22 JANUARY 1972  FOR THE COUNCIL  THE PRESIDENT  G . THORN


title: 2010/248/: Council Decision of 26 April 2010 adjusting the allowances provided for in Decision 2003/479/EC and Decision 2007/829/EC concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council

text:
               1.5.2010

               EN

               Official Journal of the European Union

               L 110/31

         COUNCIL DECISION
   of 26 April 2010
   adjusting the allowances provided for in Decision 2003/479/EC and Decision 2007/829/EC concerning the rules applicable to national experts and military staff on secondment to the General Secretariat of the Council
   (2010/248/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 41(1) thereof,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 240(2) thereof,
   Whereas:

               (1)

               Article 15(7) of Council Decision 2003/479/EC (1) and Article 15(6) of Council Decision 2007/829/EC (2) provide that the daily and monthly allowances are to be adjusted each year without retroactive effect on the basis of the adaptation of the basic salaries of European Union officials in Brussels and Luxembourg.

               (2)

               On 23 December 2009, the Council adopted Regulation (EU, Euratom) No 1296/2009 adjusting with effect from 1 July 2009 the remuneration and pensions of officials and other servants of the European Union and the correction coefficients applied thereto (3), which applies an adjustment of 1,85 %,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   In Article 15(1) of Decision 2003/479/EC and Article 15(1) of Decision 2007/829/EC, the amounts EUR 30,75 and EUR 122,97 shall be replaced by EUR 31,32 and EUR 125,25 respectively.
   2.   In Article 15(2) of Decision 2003/479/EC and in Article 15(2) of Decision 2007/829/EC the table shall be replaced by the following:

                  ‘Distance between place of origin and place of secondment
                  (in km)

                  Amount in EUR

                  0-150

                  0,00

                  > 150

                  80,50

                  > 300

                  143,12

                  > 500

                  232,59

                  > 800

                  375,71

                  > 1 300

                  590,40

                  > 2 000

                  706,72’

   3.   In Article 15(4) of Decision 2003/479/EC the amount EUR 30,75 shall be replaced by EUR 31,32.
   Article 2
   This Decision shall enter into force on the first day of the month following its adoption.

      Done at Luxembourg, 26 April 2010.

            For the Council

            The President

         M. Á. MORATINOS

      (1)  OJ L 160, 28.6.2003, p. 72.

      (2)  OJ L 327, 13.12.2007, p. 10.

      (3)  OJ L 348, 29.12.2009, p. 10.


title: 2006/451/EC: Council Decision of  27 June 2006  appointing the Chairman of the Military Committee of the European Union

text:
               1.7.2006

               EN

               Official Journal of the European Union

               L 179/55

      COUNCIL DECISION

   of 27 June 2006
   appointing the Chairman of the Military Committee of the European Union
   (2006/451/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28(1) thereof,
   Having regard to the Treaty establishing the European Community, and in particular Article 207 thereof,
   Recalling Council Decision 2001/79/CFSP of 22 January 2001 setting up the Military Committee of the European Union (1),
   Whereas:

               (1)

               Pursuant to Article 3 of Decision 2001/79/CFSP, the Chairman of the Military Committee is to be appointed by the Council on the recommendation of the Committee meeting at the level of the Chiefs of Defence.

               (2)

               At its meeting on 11 May 2006, the Committee meeting at the level of the Chiefs of Defence recommended that General Henri BENTÉGEAT be appointed Chairman of the Military Committee of the European Union,

         HEREBY DECIDED AS FOLLOWS:
   Article 1
   General Henri BENTÉGEAT is appointed Chairman of the Military Committee of the European Union for a period of three years as from 6 November 2006.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 27 June 2006.

            For the Council

            The President

         J. PRÖLL

      (1)  OJ L 27, 30.1.2001, p. 4.


title: Council Decision of 18 September 2006 appointing a member of the Advisory Committee of the Euratom Supply Agency

text:
               6.10.2006

               EN

               Official Journal of the European Union

               C 241/3

      COUNCIL DECISION

   of 18 September 2006
   appointing a member of the Advisory Committee of the Euratom Supply Agency
   (2006/C 241/03)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second and third paragraphs of Article 54 thereof,
   Having regard to Article X of the Statutes of the Euratom Supply Agency (1), as last amended by Decision 95/1/EC, Euratom, ECSC of 1 January 1995 (2),
   Having regard to the Council Decision of 12 July 2005 appointing the members of the Advisory Committee of the Euratom Supply Agency (3),
   Having regard to the opinion of the Commission,
   Whereas:

               (1)

               A member's seat on the above Committee has fallen vacant following the resignation of Mr Mike TRAVIS, of which the Council was informed on 18 January 2006.

               (2)

               That vacancy should therefore be filled.

               (3)

               The United Kingdom Government submitted a nomination on 18 January 2006,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   Mr Martin OLIVA is hereby appointed a member of the Advisory Committee of the Euratom Supply Agency for the remainder of the Committee's term of office, which ends on 28 March 2007.

      Done at Brussels, 18 September 2006

            For the Council

            The President

         J. KORKEAOJA

      (1)  OJ 27, 6.12.1958, p. 534/58.

      (2)  OJ L 1, 1.1.1995, p. 1.

      (3)  OJ C 178, 20.7.2005, p. 1.


Avis juridique important

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31992D0409

92/409/EEC: Council Decision of 23 July 1992 on the amount of transfers to be paid to OCT for the 1990 application year under the system for stabilizing export earnings in accordance with Decision 91/482/EEC

Official Journal L 223 , 08/08/1992 P. 0025 - 0025 Finnish special edition: Chapter 11 Volume 19 P. 0267  Swedish special edition: Chapter 11 Volume 19 P. 0267

COUNCIL DECISION  of 23 July 1992  on the amount of transfers to be paid to OCT for the 1990 application year under the system for stabilizing export earnings in accordance with Decision 91/482/EEC  (92/409/EEC)THE COUNCIL OF THE  EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Decision 91/482/EEC of 25 July 1991 on the association of the overseas countries and territories with the European Economic Community (1), and in particular Article 121 (4) thereof,  Having regard to the proposal from the Commission,  Whereas, pursuant to Articles 118, 120 and 121 of the said Decision, ECU 1 500 000 has been made available to cover all commitments to the overseas countries and territories (OCT) arising from the system for stabilizing export earnings for the year of  application 1990;  Whereas under the system transfer rights for the 1990 year of application have been established for two OCT, for which the transfer bases calculated in accordance with Article 124 of the said Decision, and reduced in accordance with Article 121 (2) of  the same Decision, total ECU 2 180 501;  Whereas the said amount exceeds the ECU 1 500 000 available for the 1990 year of application;  Whereas the total transfer bases will therefore have to be reduced by 31,21 %,  HAS DECIDED AS FOLLOWS:  Article 1  The transfer rights to compensate for losses of export earnings in the 1990 year of application, which amount to ECU 2 180 501, are hereby reduced by 31,21 %, giving rise to a final payment of ECU 1 500 000, which is broken down as follows:  (in ECU)       OCT  Product  Transfer amount      French Polynesia  Copra oil  880 876  Falkland Islands  Wool  619 124      Article 2  This Decision shall take effect on the day of its adoption. Done at Brussels, 23 July 1992. For the Council  The President  John COPE   (1) OJ No L 263, 19. 9. 1991, p. 1.


title: 2009/871/EC: Commission Decision of 30 November 2009 conferring on the Republic of Croatia management of aid relating to the Component V — Agriculture and rural development of the instrument for pre-accession assistance (IPA) for pre-accession measures 101 and 103 in the pre-accession period

text:
               2.12.2009

               EN

               Official Journal of the European Union

               L 315/15

      COMMISSION DECISION

   of 30 November 2009
   conferring on the Republic of Croatia management of aid relating to the Component V — Agriculture and rural development of the instrument for pre-accession assistance (IPA) for pre-accession measures 101 and 103 in the pre-accession period
   (2009/871/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) (1),
   Having regard to Commission Regulation (EC) No 718/2007 of 12 June 2007 implementing Council Regulation (EC) No 1085/2006 establishing an instrument for pre-accession assistance (IPA) (2) and in particular Articles 18 and 186 thereof,
   Having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3) (hereinafter referred to as the Financial Regulation), and in particular Article 53c and 56(2) thereof,
   Having regard to Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (hereinafter referred to as the Implementing Rules) (4) and in particular Article 35 thereof,
   Whereas:

               (1)

               Regulation (EC) No 1085/2006 lays down the objectives and main principles for pre-accession assistance to candidate and potential candidate countries for the period from 2007 to 2013 and confers the responsibility for its implementation to the Commission.

               (2)

               Articles 11, 12, 13, 14, 18 and 186 of Regulation (EC) No 718/2007 give the Commission the possibility to confer management powers to the beneficiary country and define the requirements for such conferral relating to the Component V — Agriculture and rural development of the instrument for pre-accession assistance.

               (3)

               Under Article 7 of Regulation (EC) No 718/2007 the Commission and the beneficiary country shall conclude a framework agreement, in order to set out and agree on the rules for cooperation concerning EC financial assistance to the beneficiary country. Where necessary, the framework agreement may be complemented by a sectoral agreement, or sectoral agreements, covering component specific provisions.

               (4)

               For conferring management powers to the beneficiary country the conditions laid down in Article 53c and 56(2) of the Financial Regulation and in Article 35 of the Implementing Rules must be fulfilled.

               (5)

               The Framework Agreement on the rules for cooperation concerning EC financial assistance to the Republic of Croatia in the framework of the implementation of the assistance under the instrument for pre-accession assistance (IPA) between the Government of the Republic of Croatia and the Commission of the European Communities was concluded on 17 December 2007.

               (6)

               The Programme for Agriculture and Rural Development of the Republic of Croatia under the IPA (hereinafter referred to as the IPARD Programme), approved by Commission Decision C(2008) 690 of 25 February 2008, in accordance with Article 7(3) of Regulation (EC) No 1085/2006, and Article 184 of Regulation (EC) No 718/2007, included a plan for the annual Community contributions as well as the financing agreement.

               (7)

               The Sectoral Agreement concluded on 12 January 2009 between the Commission of the European Community, acting for and on behalf of the European Community and the Government of the Republic of Croatia, acting on behalf of the Republic of Croatia, complements the provisions of the Framework Agreement, laying down the specific provisions applicable for the implementation and the execution of the IPARD Programme for Agriculture and Rural Development of the Republic of Croatia under the instrument for pre-accession assistance (IPA).

               (8)

               The IPARD Programme was last amended on 10 September 2009 by Commission Decision C(2009) 6770.

               (9)

               Pursuant to Article 21 of Commission Regulation (EC) No 718/2007 the beneficiary country has to designate bodies and authorities responsible for implementation of the IPARD Programme: the Competent Accrediting Officer, the National Authorising Officer, the National Fund, the Managing Authority, the IPARD Agency and the Audit Authority.

               (10)

               The Government of Croatia has appointed the National Fund Sector, an organisational unit of the State Treasury within the Ministry of Finance, acting as the National Fund, which will execute the functions and responsibilities as defined in Annex I of the Sectoral Agreement.

               (11)

               The Government of Croatia has appointed the Directorate for Market and Structural Support in Agriculture, an organisational unit of the Ministry of Agriculture, Fisheries and Rural Development, to act as the IPARD Agency, which will execute the functions and responsibilities as defined in Annex I of the Sectoral Agreement.

               (12)

               The Government of Croatia has appointed the Directorate for Rural Development, Sapard/IPARD Programme Managing Authority, within the Ministry of Agriculture, Fisheries and Rural Development, to act as the Managing Authority, which will execute the functions and responsibilities as defined in Annex I of the Sectoral Agreement.

               (13)

               The Competent Accrediting Officer notified the European Commission on 12 November 2008 of the accreditation of the National Authorising Officer and the National Fund in accordance with Article 12(3) of Regulation (EC) No 718/2007.

               (14)

               The National Authorising Officer notified the European Commission on 12 November 2008 of the accreditation of the operating structure in charge of the management and implementation of IPA Component V — Rural development, in accordance with Article 13(3) of Regulation (EC) No 718/2007.

               (15)

               The Directorate for Market and Structural Support in Agriculture, acting as the IPARD Agency, and the Directorate for Rural Development, Sapard/IPARD Programme Managing Authority, acting as the Managing Authority, will be responsible for implementing the three measures accredited by the National Authorising Officer out of seven from the IPARD Programme: 101 ‘Investments in agriculture holdings to restructure and to upgrade to community standards’, 103 ‘Investments in the processing and marketing of agricultural and fishery products to restructure these activities and to upgrade them to Community standards’ and 301 ‘Improvement and development of rural infrastructure’ as defined in the Programme.

               (16)

               On 16 March 2009 the Croatian Authorities submitted to the Commission the list of eligible expenditure in conformity with Article 32(3) of the Sectoral Agreement. The Commission approved this list on 8 April 2009.

               (17)

               In order to take into account the requirements of Article 19(1) of the Framework Agreement the expenditure pursuant to this Decision shall be eligible for Community co-finance only if not paid earlier than the date of conferral decision, with the exception of general costs referred to in Article 172(3c) of Regulation (EC) No 718/2007. Expenditure shall be eligible if it is in accordance with the principles of sound financial management and, in particular, of economy and cost-effectiveness.

               (18)

               Regulation (EC) No 718/2007 provides that the ex-ante approval requirement referred to in Article 18(2) of Regulation (EC) No 718/2007 may be waived on the basis of a case-by-case analysis of effective functioning of the management and control system concerned and provides for detailed rules for the carrying out of the said analysis.

               (19)

               Pursuant to Articles 14 and 18 of Regulation (EC) No 718/2007, the accreditations referred to in Articles 11, 12 and 13 of Regulation (EC) No 718/2007 have been reviewed; and the procedures and structures of the bodies and authorities concerned, as set out in the application submitted by the National Authorising Officer, have been examined, including by on-the-spot verifications.

               (20)

               None the less, the verifications carried out by the Commission for measure 101 ‘Investments in agriculture holdings to restructure and to upgrade to community standards’ and measure 103 ‘Investments in the processing and marketing of agricultural and fishery products to restructure these activities and to upgrade them to Community standards’ are based on a system that is operational, but not yet operating, with regard to all relevant elements.

               (21)

               Although the Audit Authority is not itself part of this Decision, its level of readiness to operate as a functionally independent audit body by the time of submission to the Commission of the accreditation package for the conferral of management has been evaluated by on-the-spot verifications.

               (22)

               Croatia’s compliance with the requirements of Article 56(2) of the Financial Regulation and Articles 11, 12 and 13 of Regulation (EC) No 718/2007 has been assessed by on-the-spot verifications.

               (23)

               The assessment has shown that Croatia complies with the requirements for measures 101 and 103. However, the Directorate for Market and Structural Support in Agriculture, acting as the IPARD Agency, has not yet implemented properly the accreditation criteria for the functions it is due to perform in the framework of the implementation of measure 301 of the Programme for Croatia.

               (24)

               It is therefore appropriate to waive the ex-ante approval requirements referred to in Article 18(1) of Regulation (EC) No 718/2007 and Article 165 of the Financial Regulation and to confer on the National Authorising Officer, on the National Fund, on the IPARD Agency and on the Managing Authority, the management powers relating to the measures 101 and 103 of the Programme for Croatia on a decentralised basis,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The management of assistance provided for under IPA — Component V as regards agriculture and rural development of the instrument for pre-accession assistance (IPA) is conferred on the concerned bodies under the conditions laid down in this Decision.
   2.   The requirement for ex-ante approval by the Commission of managing, paying and implementing functions for measure 101 ‘Investments in agriculture holdings to restructure and to upgrade to community standards’ and measure 103 ‘Investments in the processing and marketing of agricultural and fishery products to restructure these activities and to upgrade them to Community standards’ by the Republic of Croatia for in Article 18 of Regulation (EC) No 718/2007, is hereby waived.
   Article 2
   This Decision shall apply on the basis of the following structures, bodies and authorities designated by the Republic of Croatia for the management of measures 101 and 103 of the Programme provided for under IPA — Component V:

               (a)

               the National Authorising Officer;

               (b)

               the National Fund;

               (c)

               the Operating Structure for IPA — Component V:

                           —

                           the Managing Authority,

                           —

                           the IPARD Agency.

         Article 3
   1.   The management powers are conferred on the structures, bodies and authorities as specified in Article 2 of this Decision.
   2.   The national authorities shall carry out further verifications with regard to the structures, bodies and authorities set out in Article 2 of this Decision, in order to ensure that the management and control system operates satisfactorily. Verifications shall be carried out before the submission of the first Declaration of Expenditure requesting the reimbursement related to measures stated in Article 1(2) above.
   Article 4
   1.   Expenditure paid earlier than the date of this Decision shall in no case be eligible with the exception of general costs referred to in Article 172(3c) of Regulation (EC) No 718/2007.
   2.   Expenditure shall be eligible if it is in accordance with the principles of sound financial management and, in particular, of economy and cost-effectiveness.
   Article 5
   Without prejudice to any decisions granting aid under the IPARD Programme to individual beneficiaries, the rules for eligibility of expenditure proposed by Croatia by letter No ‘Class: NP 018-04/09-01/106, Ref. number: 525-12-3-0472/09-2’ of 16 March 2009 and registered in the Commission on 26 March 2009 under No 8151 shall apply.
   Article 6
   1.   The Commission shall monitor compliance with the requirements for the conferral of management powers as laid down in Article 17 of Regulation (EC) No 718/2007.
   2.   At any time during the implementation of this Decision, should the Commission consider that the obligations of the Republic of Croatia under this Decision are no longer met, the Commission may decide to withdraw or suspend the conferral of management powers.

      Done at Brussels, 30 November 2009.

            For the Commission

         Mariann FISCHER BOEL

            Member of the Commission

      (1)  OJ L 210, 31.7.2006, p. 82.

      (2)  OJ L 170, 29.6.2007, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 357, 31.12.2002, p. 1.


title: 2008/168/EC: Commission Decision of 20 February 2008 setting up the organisational structure for the European Network for Rural Development

text:
               29.2.2008

               EN

               Official Journal of the European Union

               L 56/31

      COMMISSION DECISION

   of 20 February 2008
   setting up the organisational structure for the European Network for Rural Development
   (2008/168/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 1698/2005 of 20 September 2005 on support for rural development by the European Agricultural Fund for Rural Development (EAFRD) (1), and in particular Article 91 thereof,
   Whereas:

               (1)

               A European Network for Rural Development for the networking of national networks, organisations and administrations active in the field of rural development at Community level was put in place in accordance with Article 67 of Regulation (EC) No 1698/2005. It is necessary to adopt implementing rules in order to lay down the organisational structure for the Network.

               (2)

               In order to prepare and implement the activities provided for in Article 67(a) to (f) of Regulation (EC) No 1698/2005, a Coordination committee should be established within the European Network for Rural Development. Therefore the organisational structure, tasks and procedural rules of the Coordination committee should be defined.

               (3)

               In order to support the national networks and transnational cooperation initiatives as referred to in Article 67(f) of Regulation (EC) No 1698/2005, a separate Leader subcommittee should be set up under the Coordination committee. The composition and the tasks of this subcommittee should be defined.

               (4)

               In order to set up and run expert networks with a view to facilitating an exchange of expertise and supporting implementation and evaluation of the rural development policy as provided for in Article 67(e) of Regulation (EC) No 1698/2005, an Expert committee on Evaluation of Rural Development Programmes should be established. The composition and the tasks of this committee should be defined.

               (5)

               The measures provided for in this Decision are in accordance with the opinion of the Rural Development Committee,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Coordination committee
   1.   The Coordination committee of the European Network for Rural Development (hereinafter the Coordination committee) is hereby established.
   2.   The Coordination committee shall, in particular:

               (a)

               assist the Commission in the preparation and implementation of activities provided for in Article 67 (a) to (f) of Regulation (EC) No 1698/2005;

               (b)

               ensure coordination between the European Network for Rural Development, the national rural networks referred to in Article 68 of Regulation (EC) No 1698/2005, and organisations active in rural development at Community level;

               (c)

               advise the Commission on the annual work programme of the European Network for Rural Development and contribute to the choice and coordination of thematic work carried out by the European Network for Rural Development;

               (d)

               propose, as appropriate, to the Commission the creation of thematic working groups.

         Evaluation networking activities covered by Article 5 shall be excluded from the tasks mentioned in the first subparagraph.
   Article 2
   Appointment and operation of Coordination committee
   1.   The Coordination committee shall be composed of 69 members among which:

               (a)

               27 representatives shall be from national competent authorities (one representative from each Member State);

               (b)

               27 representatives shall be from national rural networks (one representative from each Member State);

               (c)

               12 representatives shall be from organisations active in the field of rural development at Community level;

               (d)

               two representatives shall be from the Leader subcommittee provided for in Article 4;

               (e)

               one representative shall be from a European organisation representing local action groups referred to in Article 62 of Regulation (EC) No 1698/2005.

         2.   The organisations referred to in paragraph 1(c) shall be selected by the Commission from the members of the Advisory group on rural development established by Commission Decision 2004/391/EC (2), after having consulted that group.
   The Commission shall select for each of the following objectives a maximum of four organisations whose main purpose and activity correspond to those objectives:

               (a)

               improving the competitiveness of agriculture and forestry;

               (b)

               improving the environment and the countryside;

               (c)

               improving quality of life in rural areas and diversification of the rural economy.

         The organisations selected shall designate one of its members as representatives in the Coordination committee.
   3.   The Coordination committee shall be chaired by a representative of the Commission. The chair shall convene the Coordination committee at least once a year.
   Article 3
   Thematic working group
   1.   A thematic working group established in accordance with Article 1(2)(d) shall have a defined mandate and shall be chaired by a representative of the Commission.
   2.   A thematic working group shall not have more than 15 members. The Commission shall designate the members of the thematic working group taking into account proposals made by the Coordination committee.
   3.   The thematic working groups shall regularly report to the Coordination committee on the subjects covered by their mandate. The thematic working groups shall submit the results of their activities in the form of a final report at a meeting of the Coordination Committee at the latest two years after their creation.
   Article 4
   Leader subcommittee
   1.   The Leader subcommittee to the Coordination committee is hereby established.
   2.   The Leader subcommittee shall, in particular:

               (a)

               contribute to the work of the Coordination committee;

               (b)

               advise the Commission on the annual work programme of the European Network for Rural Development concerning the Leader axis and contribute to the choice and coordination of thematic work in this field;

               (c)

               support the Commission in monitoring the implementation of transnational cooperation projects as provided for in Article 67(f) of Regulation (EC) No 1698/2005;

               (d)

               regularly report to the Coordination committee on its activities.

         3.   The Leader subcommittee shall be composed of 67 members among which:

               (a)

               27 representatives shall be from national competent authorities (one representative from each Member State);

               (b)

               27 representatives shall be from national rural networks (one representative from each Member State);

               (c)

               one representative shall be from a European organisation representing local action groups referred to in Article 62 of Regulation (EC) No 1698/2005;

               (d)

               12 representatives shall be from organisations active in the field of rural development at Community level.

         4.   The Leader subcommittee shall be chaired by a representative of the Commission. The chair shall convene the Leader subcommittee at least once a year.
   The Leader subcommittee shall designate two of its members as representatives in the Coordination committee.
   Article 5
   Evaluation expert committee
   1.   The Expert committee on evaluation of Rural Development Programmes (hereinafter the Evaluation expert committee) is hereby established.
   2.   The Evaluation expert committee shall follow the work of the Evaluation Expert Network referred to in Article 67 (e) of Regulation (EC) No 1698/2005 related to the exchange of expertise and establishment of best practice on evaluation of the rural development policy and in particular:

               (a)

               advise the Commission on the annual work programme of the Evaluation Expert Network;

               (b)

               contribute to the choice and coordination of evaluation thematic work;

               (c)

               monitor the implementation of ongoing evaluation.

         The Evaluation expert committee shall regularly inform the Coordination committee on its activities.
   3.   The Evaluation expert committee shall consist of two representatives from each national competent authority and shall be chaired by a representative of the Commission.
   Article 6
   Common rules
   1.   Representatives of the Commission and the European Community agencies with an interest in the proceedings may attend the committee and thematic working groups meetings. The chair may invite experts or observers from outside the committee with specific competence on a subject on the agenda to take part in the work of the committee or the thematic working group.
   2.   The committees and thematic working groups normally meet on Commission premises in accordance with the procedures and schedule established by it.
   3.   The committees shall adopt their rules of procedure on the basis of the standard rules of procedure adopted by the Commission.
   4.   The Commission may publish on the Internet, in the original language of the document concerned, any résumé, conclusion, or partial conclusion or working document of the committees.
   5.   The Commission shall reimburse travel and subsistence expenses for members incurred in the context of meetings of the committees and thematic working groups in accordance with the provisions in force at the Commission. The members shall not be paid for their duties.
   Article 7
   Date of taking effect
   The decision shall take effect on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 20 February 2008.

            For the Commission

         Mariann FISCHER BOEL

            Member of the Commission

      (1)  OJ L 277, 21.10.2005, p. 1. Regulation as last amended by Regulation (EC) No 2012/2006 (OJ L 384, 29.12.2006, p. 8).

      (2)  OJ L 120, 24.4.2004, p. 50.


title: 2011/556/EU, Euratom: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the budget of the Research Executive Agency for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/85

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the budget of the Research Executive Agency for the financial year 2009
   (2011/556/EU, Euratom)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2009 (1),

               —

               having regard to the annual accounts of the European Union for the financial year 2009 (SEC(2010) 963 — C7-0211/2010) (2),

               —

               having regard to the final annual accounts of the Research Executive Agency for the financial year 2009,

               —

               having regard to the Commission’s report on the follow-up to the discharge for the 2008 financial year (COM(2010) 650), and to the Commission staff working documents accompanying that report ((SEC(2010) 1437 and SEC(2010) 1438),

               —

               having regard to the Commission communication of 2 June 2010 entitled ‘Synthesis of the Commission’s management achievements in 2009’ (COM(2010) 281),

               —

               having regard to the Commission’s annual report to the discharge authority on internal audits carried out in 2009 (COM(2010) 447), and to the Commission staff working document accompanying that report (SEC(2010) 994),

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Research Executive Agency for the financial year 2009, together with the Agency’s replies (3),

               —

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

               —

               having regard to the Council’s recommendation of 15 February 2011 on discharge to be given to the executive agencies in respect of the implementation of the budget for the financial year 2009 (05893/2011 — C7-0054/2011),

               —

               having regard to Articles 274, 275 and 276 of the EC Treaty, Article 17(1) of the Treaty on the European Union, Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union and Articles 179a and 180b of the Euratom Treaty,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5) as amended by Council Regulations (EC, Euratom) No 1995/2006 (6) and (EC) No 1525/2007 (7), and in particular Articles 55, 145, 146 and 147 thereof,

               —

               having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (8), and in particular Article 14(3) thereof,

               —

               having regard to Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (9), and in particular the first and second paragraphs of Article 66 thereof,

               —

               having regard to Commission Decision 2008/46/EC of 14 December 2007 setting up the Research Executive Agency for the management of certain areas of the specific Community programmes People, Capacities and Cooperation in the field of research in application of Council Regulation (EC) No 58/2003 (10),

               —

               having regard to Rule 76 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A7-0134/2011),

               A.

               whereas under Article 17(1) of the Treaty on European Union the Commission shall execute the budget and manage programmes and shall do so, under Article 317 of the Treaty on the Functioning of the European Union in cooperation with the Member States on its own responsibility, having regard to the principle of sound financial management,

               1.

               Grants the Director of the Research Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2009;

               2.

               Sets out its observations in the resolution that forms an integral part of the Decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2009, Section III — Commission and executive agencies;

               3.

               Instructs its President to forward this Decision, together with the Decision on discharge in respect of the implementation of the European Union general budget for the financial year 2009, Section III — Commission and the resolution that forms an integral part of those Decisions, to the Director of the Research Executive Agency, the Council, the Commission, the Court of Justice of the European Union and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 69, 13.3.2009.

      (2)  OJ C 308, 12.11.2010, p. 1.

      (3)  OJ C 338, 14.12.2010, p. 90.

      (4)  OJ C 308, 12.11.2010, p. 129.

      (5)  OJ L 248, 16.9.2002, p. 1.

      (6)  OJ L 390, 30.12.2006, p. 1.

      (7)  OJ L 343, 27.12.2007, p. 9.

      (8)  OJ L 11, 16.1.2003, p. 1.

      (9)  OJ L 297, 22.9.2004, p. 6.

      (10)  OJ L 11, 15.1.2008, p. 9.