title: 2005/405/EC: Commission Decision of 4 May 2005 approving on behalf of the European Community amendments to the annexes to the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products (notified under document number C(2005) 1369)   (Text with EEA relevance)

text:
               31.5.2005

               EN

               Official Journal of the European Union

               L 137/31

         COMMISSION DECISION
   of 4 May 2005
   approving on behalf of the European Community amendments to the annexes to the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products
   (notified under document number C(2005) 1369)
   (Text with EEA relevance)
   (2005/405/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 98/258/EC of 16 March 1998 on the conclusion of the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products (1), and in particular the third paragraph of Article 4 thereof,
   Whereas:

               (1)

               The Community standard testing method for Enterobacteriaceae and Total Viable Count in meat has been recognised as equivalent to the US testing method for Escherichia coli.

               (2)

               The Community and the US have conducted negotiations on an additional set of audit guidelines including guidelines on animal health investigations. These negotiations led to a text for those guidelines which is agreed by both Parties.

               (3)

               The Joint Management Committee for the Agreement (the Committee) issued recommendations concerning the determination of equivalence between the two testing methods and concerning the adoption of additional audit guidelines. As a result of these recommendations it is appropriate to amend Annexes V and VI and footnote (1) to the Agreement.

               (4)

               Those amendments should be approved on behalf of the Community.

               (5)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DECISION:
   Article 1
   Pursuant to the recommendations made by the Joint Management Committee established under Article 14 of the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products, the amendments to point 6 of Annex V, to Annex VI, and to footnote (1) to the said Agreement are hereby approved on behalf of the European Community.
   The text of the Agreement in the form of an Exchange of Letters, including the amendments to point 6 of Annex V, to footnote (1) and to Annex VI to the Agreement, is attached to this Decision.
   Article 2
   The Director-General for Health and Consumer Protection is hereby empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.
   Article 3
   This Decision shall apply from the first day of the month following the month in which the United States of America notifies the Commission in writing that its internal procedures for the approval of the amendments referred to in Article 1 have been completed.

      Done at Brussels, 4 May 2005.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 118, 21.4.1998, p. 1. Decision last amended by Commission Decision 2003/833/EC (OJ L 316, 29.11.2003, p. 20).
   AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS
   Concerning amendments to the annexes to the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products
   Brussels, 7 October 2004
   Your Excellency,
   With reference to the Agreement between the European Community and the United States of America on sanitary measures to protect public and animal health in trade in live animals and animal products, I have the honour to propose to you to amend the Annexes of the Agreement as follows:
   As recommended by the Joint Management Committee established under Article 14(1) of the Agreement, replace the texts of point 6 of Annex V and of footnote (1) to the Agreement with the text in Appendix A to the present letter, and replace the text of Annex VI to the Agreement, with the text in Appendix B to the present letter.
   I would be obliged if you would confirm the agreement of the United States of America to such amendments to point 6 of Annex V, to footnote (1), and to Annex VI to the Agreement.
   Please accept, Sir, the assurance of my highest consideration.

       (1)

         For the European Community

      Jaana HUSU-KALLIO

   Brussels, 6 April 2005
   Dear Madam,
   I refer to your letter of 7 October 2004 containing details of the proposed Appendix A to replace Annex V, point 6 and footnote (1) and Appendix B to replace Annex VI of the Agreement of July 20 1999 between the United States of America and the European Community on the sanitary measures to protect public and animal health in trade in live animals and animal products.
   In this regard, I have the honor to confirm the acceptability to the United States of America of the proposed amendments as recommended by the Joint Management Committee established under Article 14(1) of the Agreement, a copy of which is attached hereto. It is my understanding that these amendments shall take effect on the date on which the EC notifies the US that it has completed the necessary procedures for implementing these amendments.
   Please accept the assurances of my high consideration.

       (2)

         For the Ambassador

      Norval E. FRANCIS

      (1)

               Enclosure: Appendix A to replace Annex V, point 6 and footnote (1) to the Agreement and Appendix B to replace Annex VI to the Agreement

      (2)

               Enclosure: Appendix A to replace Annex V, point 6 and footnote (1) to the Agreement and Appendix B to replace Annex VI to the Agreement

         APPENDIX A

         ‘ANNEX V

                                 —

                                 Commodity

                                 —

                                 Species

                                 —

                                 Animal/public health

                     EC exports to the United States

                     United States exports to the EC

                     Trade conditions

                     Equivalence

                     Special conditions

                     Action

                     Trade conditions

                     Equivalence

                     Special conditions

                     Action

                     EC standards

                     US standards

                     US standards

                     EC standards

               6.   Fresh meat

                     Animal health

                                 —

                                 Ruminants

                     64/432
                     72/461
                     72/462

                     9 CFR 94

                     Yes 2

                     Additional certification for bovines from BSE affected countries

                     US to review rules on BSE with respect to high/low incidence regions

                     9 CFR 53
                     (in the case of an outbreak of exotic disease)

                     72/462
                     82/426

                     Yes 2

                      Three month residence
                     Holding freedom from brucellosis for ovines and caprines

                                 —

                                 Equidae

                     64/432
                     72/461
                     72/462

                     9 CFR 94

                     Yes 1

                     9 CFR 53

                     72/462
                     82/426

                     Yes 2

                     Three month residence

                                 —

                                 Porcine animals

                     64/432
                     72/461
                     72/462

                     9 CFR 94

                     Yes 1

                     9 CFR 53

                     72/462
                     82/426

                     Yes 2

                      Three month residence
                     Holding freedom from brucellosis

                     Public health

                     Ruminants (8)
                     Equidae
                     Porcine
                     Ovine
                     Caprine
                     Ruminants (8)
                     Equidae
                     Porcine
                     Ovine
                     Caprine

                        (cont’d)

                     64/433
                     96/22
                     96/23

                     9 CFR
                     301-381, 416, 417

                     Yes 3

                      Establishments listed in accordance with footnote (7), and fulfilling the relevant provisions of footnote (1)
                     Testing for Enterobacteriaceae and total viable count carried out as per Decision 2001/471/EC of 8 June 2001, except that:

                                 —

                                 random sampling must be carried out throughout the slaughter period

                                 —

                                 the four sample collection sites for cattle, swine, sheep, goats and horses cannot be changed from those specified in Decision 2001/471/EC of 8 June 2001

                     Equivalency (Yes 2) shall be granted after the US has completed verification of veterinary delivery systems
                     This process shall be completed within 12 months of the date of entry into force of this Agreement

                     9 CFR
                     301-381, 416, 417

                     72/462
                     93/158
                     96/22
                     96/23

                     Yes 3

                     Establishments listed in accordance with footnote (7), and fulfilling the relevant provisions of footnotes (2), (3), (4) and (5)

                     The EC shall evaluate the US residue programme, and additional information to be submitted by the US, to determine whether it meets the EC level of protection. This evaluation shall be completed within six months of the entry into force of this Agreement
                      The EC shall evaluate the US water standards to determine whether they meet the EC level of protection. This evaluation shall be completed within six months of the entry into force of this Agreement.
                     The EC to evaluate a US request, when submitted, on the need for continued trichinae testing of horsemeat.
                     Regarding footnote 5(e), the results of the inspections after incision of pig hearts shall be jointly evaluated after 12 months, with a view to determining if modifications should be made to the provisions of footnote 5(e).
                     Equivalency (Yes 2) shall be granted after the EC has completed verification of the application of the specified conditions. This process shall be completed within 12 months of the entry into force of this Agreement ’

   FOOTNOTE 1

                  ‘(1)

                   The pathogen reduction: hazard analysis and critical control point (HACCP) systems; final rule was published at 61 Federal Register 38806—38989 and amends various provisions of CFR parts 304, 310, 320, 327, 381, 416 and 417.
                  Provisions on SSOPs applicable.
                  The USA and the EC shall discuss, well in advance of their date of implementation, the staged elements in the above rule to determine whether any further special conditions are needed.’

   APPENDIX B

         ‘ANNEX VI
         GUIDELINES FOR CONDUCTING AN AUDIT
         Where standards, guidelines, or recommendations pertaining to the conduct of audits are adopted by one of the relevant international standard-setting organisations, the Parties will review the contents of this Annex, and make any appropriate modifications.
         General Provisions
         1.   Definitions
         The following definitions shall apply to terms used in this Annex:

                     1.1.

                     audit — assessment of performance;

                     1.2.

                     auditee — the exporting Party whose enforcement and control programme is the subject of the audit;

                     1.3.

                     auditor — the importing Party that conducts the audit;

                     1.4.

                     establishment — processing plant for animals or animal products;

                     1.5.

                     facility — site other than processing plants where animals or animal products might be handled, excluding retail premises;

                     1.6.

                     animal health investigation — a site visit undertaken to gather or verify information related to the status or conditions of a particular region with regard to one or more of the animal diseases identified in Annex III.

               2.   General principles
         2.1.   The auditor and the auditee should cooperate in carrying out audits in accordance with the provisions set out in this Annex. The audit team should include representatives of both the auditor and the auditee, and the auditee should designate personnel responsible for facilitating the audit. Specialised professional skills may be necessary to carry out audits of specialised systems and programmes.
         Information is collected through interviews, review of documents and records, and site visits. Changes to controls since the adoption of the Agreement or since the previous audit are included. Information may be verified through inquiries and checks on other sources; these may include physical observation, measurements, samples and records. Information obtained during the course of the audit should be documented.
         2.2.   Audits should be designed to check the effectiveness of the auditee's enforcement and control programme rather than to reject individual animals, consignments of food or establishments. The auditee's enforcement and control programme covered by the Agreement should be adequately assessed.
         2.2.1.   The basis for the assessment of all audits conducted in accordance with the Agreement is provided by the standards of either the exporting party, or a combination of the standards of the exporting party and importing party, and any special conditions as appropriate for the particular audit. Such standards and appropriate special conditions are outlined in Annex V, and provided for in Article 6.
         2.2.2.   It is recognised that on-site audits undertaken in the process of determining initial equivalence will normally be conducted using only the standards of the exporting country, whereas subsequent on-site audits undertaken for the purpose of verifying delivery of a previously established condition of equivalence will be conducted using the standards of the exporting party, those relevant standards of the importing party that have not been determined to be equivalent and for which compliance is required, and any agreed special conditions outlined in Annex V.
         2.3.   The auditee must operate a documented programme to demonstrate to the auditor that standards are being met on a consistent basis.
         2.4.   The frequency of audits should be based on the performance of the exporting Party in carrying out its enforcement and control programme. A low level of performance should result in an increased frequency of audit, for example to ensure that unsatisfactory performance has been corrected.
         2.4.1.   Information to be used in establishing the frequency of audits may include, inter alia:

                     —

                     epidemiological analysis,

                     —

                     the results of previous audits,

                     —

                     results from veterinary checks at the border (including results from collection and analysis of samples from import consignments),

                     —

                     period since last audit,

                     —

                     volume of trade,

                     —

                     public health surveillance results,

                     —

                     animal disease list freedom,

                     —

                     and environmental and geographical factors.

               2.5.   Audits, and the decisions based on them, should be made in a transparent and consistent manner.
         The auditor should:

                     2.5.1.

                     Ensure that audit conclusions are based on objective evidence or data and observations, which can be verified as accurate and reliable;

                     2.5.2.

                     Remain free of any conflicting interest or improper influence;

                     2.5.3.

                     Ensure that the audit procedure is conducted with the objectives of

                                 —

                                 verifying that previously recognised conditions of equivalence are being delivered by the exporting party, and

                                 —

                                 identifying to the auditee areas where improvements can be introduced to enhance the performance of the auditee's documented control programme so that it can deliver initially, or continue to deliver, a condition of equivalence necessary to meet the importing party's appropriate level of protection;

                     2.5.4.

                     Ensure that all documents and records received during the audit are retained and safeguarded as agreed by both parties and according to each party's applicable laws and regulations;

                     2.5.5.

                     Ensure that commercial confidentiality is respected according to each party’s applicable laws and regulations.

               The auditee should:

                     2.5.6.

                     Provide information within the scope of the audit, which is requested by the auditor, in a timely manner during the audit or within 20 working days thereafter to ensure that the audit objectives can be met;

                     2.5.7.

                     Cooperate with and assist the auditor in the performance of his/her duties so that the audit objectives are achieved. This includes:

                                 —

                                 informing personnel involved in the audit about its objectives;

                                 —

                                 appointing suitably qualified members of staff to accompany the audit team,

                                 —

                                 providing the necessary facilities needed for the audit team in order to ensure an effective and efficient audit process,

                                 —

                                 providing access to the sites and to documents necessary to carry out the audit, as requested by the auditor.

               2.6.   Animal health investigations
         Animal health investigations are conducted in order to gather appropriate epidemiological and other information concerning the disease status of a particular region (whether a Member State/State, part of a Member State/State or parts of more than one Member State/State). An animal health investigation may be carried out by one party (referred to here as the importing party) to support the initial determination made by the other party (referred to here as the exporting party) of the disease status of a region (i.e. first-time recognition of freedom from a specified disease), or following a disease outbreak.
         OPERATIONAL GUIDELINES
         Preparing for audits
         3.   Advance preparation
         3.1.   Programming of audits
         In order to ensure that audits can be adequately prepared and carried out in the most efficient manner, the Parties should:

                     —

                     establish a tentative audit programme covering, where practicable, a 12-month period, taking due account of, inter alia, the analysis described under 2.4 of Annex VI to the Agreement, and the actions set out in Annex V of the Agreement; this indicative programme should be reviewed on a six-monthly basis in order to establish a rolling audit programme,

                     —

                     confirm, at the earliest stage possible, preferably 60 days prior, the intention to carry out the audits foreseen in the indicative programme,

                     —

                     notify, at the earliest stage possible, the auditee of any anticipated changes to the indicative programme,

                     —

                     exchange information on programmes of audits foreseen to be carried out outside the scope of the Agreement as might be necessary and appropriate to facilitate the provisions of paragraph 6.3.

               3.2.   Audit initiation
         The following will normally provide a basis for the initiation of audits:

                     —

                     audits identified in the indicative programme,

                     —

                     audits upon invitation by the auditee,

                     —

                     audits at the justified request of either contracting party to the Agreement, such as audits undertaken in the event of serious concerns by either Party regarding emerging or newly identified risks to public or animal health.

               In all cases, the auditor should provide the auditee with sufficient notice of the intended audit, in order to enable it to make the arrangements necessary for a satisfactory completion of the audit. The advance time of this notice should reflect the urgency related to public and animal health associated with its performance.
         Communication by the auditor to the auditee
         3.3.   Pre-audit activities
         3.3.1.   Preparation of the audit plan
         In consultation with the auditee, the auditor should prepare an audit plan. The audit plan should be submitted by the auditor to the auditee sufficiently in advance of the audit to allow time for information to be supplied by the auditee, preferably 60 days prior to the intended commencement date of the audit. The audit should be designed to be flexible in order to permit changes in emphasis based on information gathered prior to, or during the audit.
         The plan should include:

                     —

                     the subject, depth and scope of the audit,

                     —

                     the objectives of the audit,

                     —

                     identification of the relevant standards set out in Annex V against which the audit will be carried out. Specifically, these are the standards of the exporting party when the audit is conducted as the initial on-site evaluation of performance of the auditee's control programme as part of the determination as to whether a condition of equivalence exists, or a combination of the exporting party's standards and the importing party's standards, as amended by the appropriate special conditions set out in Annex V, when a subsequent audit is conducted to verify a previously determined condition of equivalence,

                     —

                     the date and place of the audit, and the types of any establishments or facilities to be visited so that appropriate audit team members may be chosen,

                     —

                     a timetable up to and including the presentation of the final report,

                     —

                     the language or languages in which the audit will be conducted and the report written,

                     —

                     the identity of the members of the audit team, including the leader,

                     —

                     a schedule of meetings with officials and visits to establishments or facilities, including unannounced visits, as appropriate,

                     —

                     provisions for respect of commercial confidentiality and avoidance of conflicts of interest.

               3.3.2.   Agreement with the auditee of the plan and dates
         If the auditee objects to any provisions detailed in the audit plan, such objections are to be made known immediately to the auditor, usually within 10 working days after receipt of the audit plan. Objections should be resolved between the auditor and the auditee. Proposed amendment(s) to the audit plan, as a consequence of information obtained either prior to or during the audit, should be communicated by the proposing party to the other party as soon as practicable.
         3.3.3.   Obtaining the necessary documentation from the auditee
         Prior to the audit, the auditor may request documentation from the auditee that is relevant to its preparation and execution. Such documentation may include, for example:

                     —

                     legislation and relevant technical standards and specifications,

                     —

                     management structure of the auditee,

                     —

                     regulatory functions and powers of the auditee, and results of any enforcement actions,

                     —

                     approval procedures operated by auditee,

                     —

                     details concerning control programmes, including copies of working documents, manuals and similar operational guides.

               The auditor may request clarification from the auditee concerning any documentation that has been submitted.
         Conducting the audit
         4.   Opening meeting
         The auditee and auditor should have an opening meeting at a site agreed to in advance by both sides. Where necessary and appropriate to clarify issues pertaining to the audit, the opening meeting may be held in Washington, D.C. for audits conducted by European Commission teams, or in either Brussels, Belgium or Grange, Ireland for audits conducted by US teams. In other cases, opening meetings may be held at appropriate sites, such as EU Member State capitals or US cities, as may be practical and convenient for the particular audit. Wherever the opening meeting takes place, it should be chaired by an appropriate representative of the auditee's competent authority(ies). The purpose of an opening meeting is to:

                     —

                     introduce the audit team to the auditee,

                     —

                     confirm the subject, depth, scope, audit standards and objectives of the audit,

                     —

                     outline the working methods and procedures to be used during the audit,

                     —

                     confirm the official communication links between the audit team and the auditee during the course of the audit, including establishing which representatives of the official services will accompany the audit team at each visit,

                     —

                     confirm the government and non-government sites to be visited,

                     —

                     confirm the appropriate number and roles of audit team members to participate in or observe site visits to production establishments or facilities,

                     —

                     confirm the time, date and location of the closing meeting and any interim meetings with the auditee,

                     —

                     confirm travel and accommodation arrangements,

                     —

                     confirm that the resources and facilities needed by the audit team will be made available,

                     —

                     confirm the reporting methods to be used,

                     —

                     request any additional documentation identified during the pre-audit stage as necessary for the conduct of the audit,

                     —

                     answer any questions the auditee has concerning the audit process.

               5.   Document review
         5.1.   The document review may include, for example, the following:

                     —

                     records concerning compliance programmes,

                     —

                     inspection and internal audit reports,

                     —

                     documentation concerning corrective actions and sanctions,

                     —

                     records of compliance actions taken,

                     —

                     sampling plans and their results,

                     —

                     documents associated with verification,

                     —

                     regulatory procedures followed by the auditee.

               5.2.   In the case of an audit that is subsequent to a determination of equivalence, the document review may also consist of a review of relevant changes to the inspection and certification systems since the determination of equivalence or since the previous audit.
         5.3.   The auditee will cooperate fully with the auditor in the document review process and help to ensure that the auditor has access to requested documents and records.
         6.   On-site verification
         6.1.   The decision by the auditor as to the nature and extent of on-site verifications should take into account factors such as the area concerned, the history of conformity with requirements by the sector or exporting country as determined by prior audits and/or veterinary checks at the border (including results of sampling and analysis of import consignments), the volume of product produced and imported or exported, changes to the infrastructure and the nature and operation of the national inspection and certification systems.
         6.2.   On-site verification may involve visits to production and manufacturing establishments, facilities, food handling or storage areas and control laboratories to check the accuracy of the information contained in the documentary material referred to in 5.1.
         6.3.   When checks of establishments or facilities are carried out, the auditee will carry out the check of the establishment or facility, following the auditee’s usual procedures, and the auditor will generally participate as an observer, though the auditor is free to check other aspects of performance, if deemed necessary. Due to time constraints, the auditor may elect not to observe a full, comprehensive inspection by the auditee, but may, instead, verify particular inspection practices through off-site interviews with the auditee’s inspection staff.
         6.4.   The auditee will cooperate fully with the auditor in the on-site verification process and facilitate the auditor's entry into the establishments and facilities that are the subject of the on-site verification.
         6.5.   Where on-the-spot checks reveal a serious potential or actual risk to human or animal health, the auditor should immediately inform the auditee of such an assessment, who should take appropriate action to correct an identified and confirmed risk.
         7.   Follow-up audit
         A follow-up audit may be conducted to verify the correction of deficiencies identified in a prior audit.
         8.   Working documents
         Working documents may include checklists of elements to evaluate, such as the following:

                     —

                     legislation,

                     —

                     structure and operations of inspection and certification services,

                     —

                     establishment and facility structure, layout, operations and working procedures,

                     —

                     health statistics, sampling plans and results,

                     —

                     compliance action and procedures,

                     —

                     reporting and complaint procedures,

                     —

                     training programmes.

               8.1.   Support documents
         Documents supporting audit findings, conclusions and recommendations should be standardised as much as possible in order to make the performance of the audit and the presentation of its findings uniform, transparent and reliable. The support documents may include any aides memoire or other background information of elements to evaluate.
         9.   Closing meeting
         As with the opening meeting, the closing meeting may be held at a site that is mutually convenient to both the auditee and the auditor. The closing meeting should also be chaired by an appropriate representative of the auditee's competent authority(ies).
         The purpose of the closing meeting is to:

                     —

                     re-confirm the subject, depth, scope, audit standards and objectives of the audit,

                     —

                     remind the auditee that the audit is based on a sampling of the system controls and does not purport to reflect all of the system deficiencies,

                     —

                     provide the auditee with the auditor’s preliminary findings and/or a general overview of the auditor’s findings,

                     —

                     present details of the substantive deficiencies identified along with the objective evidence for such deficiencies,

                     —

                     offer any additional explanation necessary to ensure that the auditee understands the nature of the substantive deficiencies,

                     —

                     confirm that full details of the audit will be provided in the form of an audit report and that the auditee will have an opportunity to comment on the report,

                     —

                     allow the auditee to comment on the audit findings or to raise any points of clarification.

               Post-audit activities
         10.   Audit report
         The audit report should provide a balanced picture of the audit findings, and include conclusions and recommendations that accurately reflect these findings. It should normally cover the following:

                     —

                     the subject, depth, scope, audit standards and objectives of the audit,

                     —

                     details of the audit plan,

                     —

                     identification of the reference documents against which the audit was conducted,

                     —

                     auditor evaluation of findings against the standards subject of the audit,

                     —

                     area(s) of disagreement between the auditor and auditee,

                     —

                     the auditor's recommendations as to which substantive deficiencies should be corrected,

                     —

                     the response to the presentation of the findings including any undertakings given to address identified deficiencies.

               10.1.   Commercial confidentiality must be respected in the preparation and subsequent distribution of the audit report. Prior to the audit, each party will inform the other of its laws and procedures for protecting confidential commercial information and other information that may be deemed sensitive by one or both parties. Each party will respect fully its own requirements for protecting confidential information. Where significant differences exist between the parties in the nature of information that must be protected, the parties will identify these differences prior to the audit and agree on the appropriate procedures to be followed.
         10.2.   Draft reports are to be sent to the auditee within the time limits specified in the Agreement. The auditee may comment within 60 days, and should describe any specific corrective actions that will be or have been taken in order to deliver equivalence initially, or to continue to deliver equivalence, including target dates for completion.
         10.3.   Amendments to the text of the final report in response to comments from the competent authority should be limited to the correction of factual inaccuracies. However, other comments made by the auditee may be indicated separately in the report if they serve to clarify the report’s contents. The auditee’s comments should, in any case, be attached to the final report.
         11.   Corrective action follow up
         Verification of corrective action necessary to deliver equivalence will vary according to the nature of the original deficiency. Verification of corrective action by the auditee may include the following:

                     —

                     review of assurances provided by the auditee,

                     —

                     review of documentation provided by the auditee,

                     —

                     follow up audits,

                     —

                     review of stated corrective action in a subsequent audit.

               The follow up audit process is similar to the normal audit, but it would focus on confirming that the action taken by the auditee satisfactorily addresses and resolves the identified deficiencies. A follow up report concerning the corrective action should be prepared and distributed in a manner similar to the original audit report.
         Animal health investigations
         12.   Animal health investigations
         12.1.   General principles
         All parties involved in an animal health investigation should cooperate in carrying out the investigation in an open and transparent manner, with a view to completing all necessary procedures as quickly as possible.
         12.2.   Procedures
         12.2.1.   Programming of animal health investigation and animal health investigation initiation
         In most cases, this investigation will be undertaken at the request of the exporting party. The results of an animal health investigation should provide essential information regarding disease risk associated with exports of specified commodities from that region. The importing party shall acknowledge such a request in a timely manner, and shall identify a contact person to work closely with representatives of the exporting party. Necessary site visits will be scheduled expeditiously with the input of all parties.
         In the event of an outbreak of one of the diseases identified in Annex III and in case that safeguard or regionalisation measures have been adopted, the importing party may require that an animal health investigation take place before trade in affected products can be resumed. In order to minimise the disruption of trade and facilitate the recognition of disease freedom or identification or appropriate risk mitigation measures, the appropriate representatives of both the importing and exporting parties will work to schedule the investigation as quickly as possible. While the timing of the visit will depend on progress in bringing the outbreak under control, the two parties should enter into discussions at the earliest practical stage.
         12.2.2.   Pre-visit activities
         The importing party will identify the regions to be visited as part of the site visit, as well as the types of entities to be included, in direct communication with the exporting party. The two parties should work in close consultation to prepare an investigation plan that covers the following points:

                     —

                     the proposed dates of the site visit,

                     —

                     the area(s) to be visited and the types of information that will need to be gathered,

                     —

                     the names of the investigation team members, including the leader of the investigation team,

                     —

                     a schedule of meetings with officials and visits to farms or other locations,

                     —

                     specific documentation that will be requested as part of the investigation, such as applicable disease eradication and control legislation, surveillance and monitoring data, reports on trace-backs and traceforwards, vaccination records if carried out, epidemiological data related to the outbreak in question or recent outbreaks, laboratory reports etc.,

                     —

                     the names of the appropriate contact persons of the exporting party (this would include representatives from the appropriate services of all Member States/States involved), as well as the responsible regulatory authorities of both parties.

               The investigation plan should be completed prior to the departure of the investigation team and transmitted to all parties involved in the animal health investigation.
         12.2.3.   Conducting the investigation
         12.2.3.1.   Opening meeting
         An opening meeting should be held between representatives of all parties. At this meeting, the investigating party will review the investigation plan and confirm that the necessary arrangements have been made for conducting the investigation.
         The location of the opening meeting will be determined as part of the investigation plan, and may, if appropriate, be hosted by representatives of the appropriate regulatory authorities.
         The purpose of this opening meeting is to:

                     —

                     introduce the investigation team to the representatives of the exporting party,

                     —

                     outline the principal areas of investigation and procedures to be followed,

                     —

                     confirm the official communication links between the investigation team and the representatives of the exporting party,

                     —

                     confirm the schedule and sites to be visited,

                     —

                     confirm the date, time and location of the closing meeting,

                     —

                     confirm travel and accommodation arrangements,

                     —

                     confirm that resources and documentation needed by the investigation team will be made available,

                     —

                     answer any questions regarding the investigation on the part of the exporting party representatives.

               12.2.3.2.   Documenting the investigation
         The officials conducting the investigation will keep a written record of their findings, together with documentation supplied by the host party representatives. The record will include the locations visited, including farms, and the names and titles of officials interviewed as part of the investigation.
         12.2.3.3.   Closing meeting
         A closing meeting shall be held between representatives of both parties. The location of the meeting will be determined as part of the investigation plan, and may, if appropriate, be hosted by officials of the appropriate regulatory authorities.
         The purpose of the meeting is to:

                     —

                     review the principal areas of investigation and the procedures followed,

                     —

                     provide an opportunity for the exporting party representatives to clarify any issues related to the investigation or the documentation provided,

                     —

                     identify any additional information required to complete the evaluation,

                     —

                     answer any questions regarding the evaluation and the subsequent actions,

                     —

                     establish an indicative time table for providing the animal health investigation assessment and/or the report to the exporting party.

               12.2.4.   Evaluation
         The evaluation should be science based, transparent, and consistent with relevant international standards and with similar evaluations conducted by the importing party.
         Depending on the procedures of the importing party, the assessment and/or the report may be made public. Comments on the assessment and/or the report by the exporting party will be governed by existing regulatory requirements of the importing party.’


Avis juridique important

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31972D0111

Commission Decision of 21 February 1972 amending the Commission decisions of 28 July 1970 conferring authority to fix standard average values for citrus fruits /* unofficial English translation */

Official Journal L 051 , 29/02/1972 P. 0030 Danish special edition: Series II Volume II P. 0034  English special edition: Series II Volume II P. 0033

++++ ( 1 ) OJ N 147 , 11 . 7 . 1967 , P . 147/1 .   ( 2 ) OJ N L 145 , 3 . 7 . 1970 , P . 28 .   ( 3 ) OJ N L 189 , 25 . 8 . 1970 , P . 13 .   ( 4 ) OJ N L 171 , 4 . 8 . 1970 , P . 10 .   ( 5 ) OJ N L 264 , 5 . 12 . 1970 , P . 25 .  COMMISSION DECISION  OF 21 FEBRUARY 1972  AMENDING THE COMMISSION DECISION OF 28 JULY 1970 CONFERRING AUTHORITY TO FIX STANDARD AVERAGE VALUES FOR CITRUS FRUITS   ( 72/111/EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES ;  HAVING REGARD TO THE PROVISIONAL RULES OF PROCEDURE OF THE COMMISSION OF 6 JULY 1967 ( 1 ) , AS AMENDED BY THE DECISION OF 2 JULY 1970 ( 2 ) ;  WHEREAS BY ITS DECISION OF 28 JULY 1970 ( 3 ) THE COMMISSION INTRODUCED MACHINERY FOR CONFERRING AUTHORITY TO ADOPT REGULATIONS FIXING THE STANDARD AVERAGE VALUES PROVIDED FOR IN COMMISSION REGULATION ( EEC ) N 1570/70 ESTABLISHING A SYSTEM OF STANDARD AVERAGE VALUES FOR CITRUS FRUITS ;  WHEREAS COMMISSION REGULATION ( EEC ) NO 1570/70 ( 4 ) OF 3 AUGUST 1970 ESTABLISHING A SYSTEM OF STANDARD AVERAGE VALUES FOR CITRUS FRUITS WAS AMENDED BY COMMISSION REGULATION ( EEC ) N 2465/70 ( 5 ) OF 4 DECEMBER 1970 , WHICH IN PARTICULAR PROVIDES THAT IN THE CASE OF MAJOR  FLUCTUATIONS IN PRICES THE STANDARD AVERAGE VALUES MAY BE DETERMINED ON THE BASIS OF THE PRICES PREVAILING AT THE TIME WHEN THOSE VALUES ARE DETERMINED ; WHEREAS IT IS APPROPRIATE TO SPECIFY THAT THE AUTHORITY REFERRED TO ABOVE IS ALSO TO APPLY WHERE THE STANDARD AVERAGE VALUES ARE CALCULATED ON THE BASIS OF SUCH PRICES ; WHEREAS THE REASONS WHICH LED THE COMMISSION TO ADOPT THE ABOVE ENABLING DECISION ARE EQUALLY APPLICABLE TO SUCH CASES ;  WHEREAS THAT ENABLING DECISION MAY READILY BE APPLIED IN SUCH CASES , SINCE FIRM CRITERIA HAVE BEEN LAID DOWN FOR ASCERTAINING WHAT CONSTITUTE MAJOR FLUCTUATIONS IN PRICES ;  WHEREAS , IN PURSUANCE OF THE COMMISSION DECISION OF 24 FEBRUARY 1971 , THE FORMER DIRECTORATE D OF THE DIRECTORATE-GENERAL FOR INDUSTRIAL AFFAIRS HAS BECOME AN AUTONOMOUS ADMINISTRATIVE UNIT CALLED " CUSTOMS UNION ADMINISTRATION " , SUPERVISED BY THE SAME COMMISSION MEMBER WHO IS RESPONSIBLE FOR INDUSTRIAL , TECHNOLOGICAL AND SCIENTIFIC AFFAIRS ; WHEREAS IT IS THEREFORE APPROPRIATE TO ADAPT THE ABOVE ENABLING DECISION TO THE STRUCTURE OF THAT NEW UNIT ,  HAS ADOPTED THIS DECISION :  ARTICLE 1  THE COMMISSION DECISION OF 28 JULY 1970 CONFERRING AUTHORITY TO FIX STANDARD AVERAGE VALUES FOR CITRUS FRUITS SHALL BE AMENDED AS FOLLOWS :  THE FOLLOWING ARTICLES SHALL BE SUBSTITUTED FOR ARTICLES 1 AND 2 OF THAT DECISION :   " ARTICLE 1  1 . THE COMMISSION HEREBY AUTHORIZES THE COMMISSION MEMBER RESPONSIBLE FOR THE " CUSTOMS UNION ADMINISTRATION " DEPARTMENT TO FIX ON BEHALF OF THE COMMISSION , WHICH SHALL BE RESPONSIBLE THEREFOR , THE STANDARD AVERAGE VALUES PROVIDED FOR IN ARTICLE 2 OF REGULATION ( EEC ) N 1570/70 OF 28 JULY 1970 ESTABLISHING A SYSTEM OF STANDARD AVERAGE VALUES FOR CITRUS FRUITS .  2 . THE AUTHORITY PROVIDED FOR IN PARAGRAPH 1 SHALL BE EXERCISED , WHEN THE COMMISSION MEMBER RESPONSIBLE FOR THE " CUSTOMS UNION ADMINISTRATION " DEPARTMENT IS UNABLE TO DO SO :   ( A ) BY ONE OF THE OTHER MEMBERS OF THE COMMISSION OR , IF THEY ARE UNABLE TO DO SO ,   ( B ) BY THE DIRECTOR OF THE " CUSTOMS UNION ADMINISTRATION " DEPARTMENT .  ARTICLE 2  THE COMMISSION SHALL EXAMINE REPORTS SUBMITTED TO IT AT REGULAR INTERVALS BY THE MEMBER RESPONSIBLE FOR THE " CUSTOMS UNION ADMINISTRATION " DEPARTMENT ON THE USE OF THE AUTHORITY PROVIDED FOR IN ARTICLE 1 AND ON ANY DIFFICULTIES ENCOUNTERED .  THE COMMISSION SHALL WHERE NECESSARY GIVE FURTHER DIRECTIONS TO THE PERSONS AUTHORISED . "  ARTICLE 2  THIS DECISION SHALL ENTER INTO FORCE ON 1 MARCH 1972 . IT SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  DONE AT BRUSSELS , 21 FEBRUARY 1972 .  FOR THE COMMISSION  THE PRESIDENT  FRANCO M . MALFATTI


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31997D0417(01)

Commission Decision of 10 April 1997 appointing the members of the Advisory Committee on the Opening-up of Public Procurement

Official Journal C 119 , 17/04/1997 P. 0003 - 0003

COMMISSION DECISION of 10 April 1997 appointing the members of the Advisory Committee on the Opening-up of Public Procurement (97/C 119/03)(Text with EEA relevance)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to Commission Decision 87/305/EEC of 26 May 1987 setting up an advisory committee on the opening-up of public procurement (1),Having regard to Commission Decision 87/560/EEC (2), which increased the maximum number of members of the Committee from 24 to 25,HAS DECIDED AS FOLLOWS:Sole Article The persons whose names are listed below are appointed as members of the Advisory Committee from 1 April 1997 and for a period of two years.Peter AGARFrans H. J. J. ANDRIESSENSue ARROWSMITHJesús BANEGAS NUÑEZHenning CHRISTOPHERSENPierre DEVOLVÉKjell Olof FELDTAngelo FERROJytte FREDENSBORGEmilio GABAGLIOPaul HIPPERTLaureano LÓPEZ-RODÓVictor MARTINSPhilippe MATHEÏAlan McCARTHYSheila McKECHNIEPaolo MENGOZZIBernhard MOLITORHans-Werner MUELLERFrançois PASTEAUPaavo RANTANENJean-Claude ROUDEFranz SCHOSERWassilios SKOURISWalter WOLFSBERGER(1) OJ No L 152, 12. 6. 1987, p. 32.(2) OJ No L 338, 28. 11. 1987, p. 37.


title: Decision of the European Parliament of 7 July 1977 on the discharge to be granted to the Commission in respect of the implementation of the budget of the European Communities for the 1975 financial year and on the report of the Audit Board

text:
7. 9 . 77                            Official Journal of the European Communities                                No L 229/ 1
                                                             II
                                        (Acts whose publication is not obligatory)
                                   EUROPEAN PARLIAMENT
                                  DECISION OF THE EUROPEAN PARLIAMENT
                                                      of 7 July 1977
               on the discharge to be granted to the Commission in respect of the implementation of
                the budget of the European Communities for the 1975 financial year and on the report
                                                    of the Audit Board
THE EUROPEAN PARLIAMENT,                                         3.     Grants a discharge in respect of the following
                                                                 amounts shown in the accounts for the 1975 financial
— having regard to the revenue and expenditure                   year :
    accounts      and  the   statements   of  assets   and
    liabilities of the Communities for the accountancy           ( a) Revenue (entitlement): 6 213 709 210-10 u.a.,
    procedures in respect of the 1975 budget and the
    accounts of the Euratom Supply Agency (Doc.
    523/76),
                                                                 ( b ) Expenditure     (payments    effected   during    the
                                                                       financial year): 6 411 227 569-24 u.a.,
— having regard to the report of the Audit Board on
    the accounts for the financial year 1975 and the                   broken down as follows :
    answers of the institutions to the report (Doc.
    523/76),                                                           — payments from appropriations for the 1975
                                                                           financial year : 5 004 669 618-40 u.a .,
— having regard to the Council Decision of 25 April
    1977 on the granting of a discharge to the                         — payments from appropriations brought
     Commission (Doc. 97/77),                                              forward from previous financial years :
                                                                           1 406 557 950-84 u.a.;
— having regard to the report of the Committee on
     Budgets (Doc. 165 /77),
                                                                 4. Reserves judgment on the management of the
1 . Notes that expenditure to be met from revenue                European Centre for the Development of Vocational
for the financial year totalled 6 213 608 628-64 u.a.;           Training ;
2. Notes that appropriations utilized during the
year totalled 6 242 846 173-01 u.a., broken down as              5.      Draws attention to its resolution embodying the
follows :                                                        comments accompanying the decision granting a
Payments : 5 004 669 618-40 u.a.,                                discharge and requests the Institutions to report on
                                                                 the measures taken following those comments in
Carried forward         to  the    1976   financial  year :      accordance      with    Article   92   of   the    Financial
1238 176 554-61 u.a .;                                           Regulation.
               Done at Luxembourg, 7 July 1977.
                 The Secretary-General                                                   The President
                      H. R. NORD                                                      Emilio COLOMBO
 ---pagebreak--- No L 229/2                          Official Journal of the European Communities                                 7. 9 . 77
                                                     RESOLUTION
              embodying the comments accompanying the decisions granting a discharge in respect of
              the implementation of the budget of the European Communities for the 1975 financial
                                                         year i1)
THE EUROPEAN PARLIAMENT,                                          7.     Calls on the Court of Auditors to examine
                                                                  jointly with Parliament the problems involved in the
1.     Calls on all the institutions to take appropriate          extension and improvement of external Community
action on the comments made by the Audit Board in                control ;
its report and requests them to give an account of the
relevant measures taken pursuant to Article 92, third
                                                                  8.     Takes    the   view  that   relations  between
paragraph of the Financial Regulation ;
                                                                  Community and national external control bodies
                                                                  should be based on the provisions of the Treaty of 22
2.     Is of the opinion that the institutions should,            July 1975 and that the development of these relations
pursuant to the second paragraph of Article 90 of the             could lead to integrated external Community control ;
Financial Regulation, forward their replies to the
comments contained in its report to the Court of
Auditors and proposes that the latter should publish
these replies under the relevant chapters of the                  Implementation of the 1975 budget
report ;
                                                                  9 . Notes that most Community policies stagnated
Parliamentary control of the implementation of the                in the 1975 financial year but welcomes the swift start
budget                                                            made by the Regional Fund ;
3 . Believes that the political responsibility of the             10. Believes that the experience of recent financial
Commission finds its clearest expression in the                   years has provided sufficient proof of the fact that
implementation of the budget and that Parliament's                the supplementary budgets policy was not only harm
budgetary control constitutes the appropriate means               ful but avoidable ;
for the exercise of this responsibility ;
                                                                  11 . Suggests once more that supplementary
Transition from the Audit Board to the Court of                   budgets should be avoided by making the fullest
Auditors
                                                                  possible use of techniques which enhance the
                                                                  budget's role as a forecasting instrument, in order to
4. Draws attention to the fact that, according to                 ensure sound budgetary policy while safeguarding
the provisions of the Treaty of 22 July 1975 , one of             complete financial autonomy ;
 the tasks of the Court of Auditors is to assist
Parliament in exercising its power of control over the
 implementation of the budget and to submit to it not             12. Reaffirms that the Commission's responsibility
only the annual report but also, on request, ad hoc               as regards the implementation of the budget requires
 reports on specific questions ;                                  it to use all the means at its disposal to achieve the
                                                                  political objectives underlying the budget estimate,
5.     Consequently intends — in order to facilitate               and expects the Commission to adopt a clear position
 permanent control and close cooperation with the                 on this matter;
 Court of Auditors — to organize its structure
 accordingly;
                                                                   13 . Formally disapproves of the 'open transfer'
                                                                  procedure, which entails a fundamental modification
 6.    Draws attention once more to the need for
                                                                  of the budget as adopted by the budgetary authority
 continuity in external control, which must not be                and      enables    the   Commission     to  reallocate
 interrupted by the setting up of the Court of                    appropriations without the approval or knowledge of
 Auditors ;                                                       Parliament ;
 (x) The second paragraph of Article 92 of the Financial           14.    Proposes closer cooperation with the other
     Regulation of 25 April 1973 : 'The institutions shall
     take all appropriate steps to take action on the              institutions as regards staff policy and the
     comments appearing in the decisions giving discharge'.        administration of buildings and equipment;
 ---pagebreak--- 7. 9 . 77                           Official Journal of the European Communities                            No L 229/3
15.     Disapproves of the setting up of decentralized        24. Stresses the urgency of adopting the
institutions in instances where such an administrative        long-overdue revision of the law relating to civil
structure is not fully justified by the functions to be       servants ;
performed by these institutions and rejects the system
of 'operating subsidies' which, without creating              25 . Insists that the currency situation in Europe
autonomy vis-a-vis the Commission, precludes any              must not be allowed to lead to unjustified advantages
control by the budgetary authority;                           and disadvantages for European officials;
Management of the funds                                       26 .    Considers     it  essential   for institutions to
                                                              introduce a medium-term policy on buildings in
16. Calls on the Commission to put forward                    order to reduce expenditure on buildings and
concrete proposals for the revision of the current            equipment;
structure of the budget, which is based on a
classification by fund, since this structure constitutes      27.     Calls on the Commission to forward to it
an obstacle to the coordination of the Community's            systematically in future the special report of the
various roles and to budgetary transparency, and              Court of Auditors on the Euratom Supply Agency;
proposes that its structure should give a clearer picture
of the various areas of Community policy;                     28. Is not able at present to grant a discharge to
                                                              the Management Board of the European Centre for
17.      Believes that the Council's interference in the      the Development of Vocational Training and asks the
implementation of the budget must be stopped,                 latter to meet the justified demands made by the
irrespective of whether such interference occurs              Audit Board ;
directly or through committees;
                                                              Research and investment
Revenue
                                                              29. Requests the Commission to keep the research
18 . Asks the Control sub-Committee to report on              and investment part of the budget under constant
the adequacy of the present means of auditing and              review so as to (i) simplify presentation and layout
 controlling Community revenue;                                and (ii) facilitate effective audit and control;
 19.     Also   asks  the   Control   sub-Committee      to
                                                              30. Urges the Commission to use the tendering
examine the different systems applying Community               system (*) on the widest possible scale when
legislation in the sphere of resources with a view to          purchasing or procuring equipment and supplies;
determining        whether     they     are    sufficiently
standardized to ensure that there is no risk of trade
 being diverted from one place to another or of                31 . Stresses the importance of effecting a rapid
Community revenue being lost because of lack of                cut-back of unproductive lines of research and asks
 uniformity in administration ;                                the Commission to keep this factor constantly in
                                                               mind ;
 20.     Calls    on    the   Commission       to    apply
 macroeconomic ratios in its calculation of estimated          32. Calls on the Council to give effect, in the
 own resources and in its checking of receipts                 revision of the Financial Regulation, to the changes in
 patterns ;                                                    the Articles dealing with the research and investment
                                                               appropriations which were endorsed by the European
21 . Urges the Audit Board to continue to pay                  Parliament in its resolution of 14 December 1976 (2);
 particular attention to the aspect of verification of
 certificates of origin, invoices and statements of            33 . Asks the Commission to simplify and
 account ;                                                     standardize the rules on financing of research
                                                               performed under contract;
22.      Calls on the Commission to establish a system
 for combating irregularities and for the recovery of          34.    Believes that the Commission should seek to
 funds outstanding similar to that laid down , in              ensure that, as sought by Parliament, an optimum
 Regulation (EEC) No 283/72 ;                                  balance is maintained between operational research
                                                               costs, and staff expenditure;
 Operating expenditure
23 .     Considers it essential to push ahead with the
 reorganization of the administrative departments in           f1) 'Appel d'offre'.
 order to achieve optimal use of staff;                        (2) OJ No C 6, 10. 1 . 1977, p. 18 .
 ---pagebreak--- No L 229/4                           Official Journal of the European Communities                              7. 9 . 77
Social Fund                                                     Regional Fund
35. Takes note of the Commission's efforts during               38 . Requests the Commission to reconsider its
 1976 to ensure the more rapid use of Social Fund               procedures so that they ensure that the different
 appropriations but takes the view that a number of             instruments of Community policy are coordinated to
difficulties still existed in 1975 which prevented the          enable every possible benefit to be drawn from a
 implementation of a genuine common social policy,              global regional policy and budgetary resources to be
for which in any case insufficient resources were               utilized in the best possible way;
 available to solve the serious social problems in the
 Community.
                                                                39 .     Calls on the Commission to ensure that the
36.      Notes that insufficient cooperation between            functioning of the Regional Fund in no way
the Member States was one of the main reasons for               diminishes the role of the Commission in regard to
 the delay in using the resources of the Social Fund;           implementation of the general budget of the
                                                                European Communities ;
 37. Is of the opinion that the deficiencies observed
in respect of 1975 must be eliminated when the Fund
 is reformed, especially in view of the fact that,              40 . Anxious to safeguard Community resources,
despite the efforts of the Commission, they continued           calls on the Commission to arrange for national
to hamper budgetary management in 1976. These                   funds released by the granting of Regional Fund
 deficiencies may be summarized as follows :                    appropriations to be treated as supplementary
                                                                resources for regional development so that the
 ( a) delays in decisions on the financing of projects          principle of additionality is respected ;
       and on applications for reimbursements of
      expenditure incurred ;
                                                                41 .     Considers that the submission of global
 (b ) the inadequacy of the remedy of granting                  applications for Regional Fund aid could result in
      part-payments higher (up to 85 % ) than those             adequate control of Community expenditure and
       provided for in respect of aid from the old Social       reduce budgetary transparency, and therefore calls on
      Fund ;                                                    the Commission to give priority whenever possible to
                                                                applications other than those of a global nature;
(c) the systematic cancellation of substantial
       appropriations as a result of the slowness of the
      payments procedure;                                       42.       Aware of the importance if appropriate
                                                                publicity for aid granted by the Regional Fund,
(d) the dilatoriness of Member States in submitting             requests that projects receiving aid from the Fund in
      applications ;                                            future be given publicity as soon after they are
                                                                approved as possible so that the provisions of Article
(e) the infrequency of the meetings of the Social               14 (2) of the basic Regulation can be complied with
      Fund Committee, which must give its opinion on            in full ;
      the financing of projects ;
(f) the fact that the forms used for the submission of         43 .      Calls on the Commission once again to
      applications and the instructions they contain as         establish direct contacts with local and regional
      to the implementation of projects are much too            authorities in regions receiving Regional Fund aid in
      complicated ;                                             order to ensure close liaison with them ;
( g) the excessive complexity of the implementation
      and audit machinery arising from the application         44. Deplores the fact that the impact of the fund
      of the principle of payment on the basis of actual        could be weakened as a result of excessive dispersal
      costs ;                                                   of aid for projects of minor importance, and requests
                                                               that in future there should be greater concentration
(h) the adverse effect of the settlement of earlier            of expenditure on specific regions and projects in
      operations on the promotion of new projects ;            order to increase the impact of Community solidarity
                                                               in this area ;
( i) finally and most seriously, the disregard for
      regularity and sound management of Community
      finances and the requirements of a rigorous              45 . Proposes, in order to avoid giving the
      auditing procedure reflected in the delays in            impression that grants of Regional Fund aid are
      financing and implementing projects.                     approved by the Member States themselves rather
 ---pagebreak--- 7. 9 . 77                           Official Journal of the European Communities                            No L 229 /5
than by the Community, that recipients be fully                States to intensify the campaign against these
informed of the source of the aid they receive ;               breaches of Community legislation ;
46. Requests the Commission to analyze the
results carefully each year in order to draw the              54. In particular, urges Member States to reinforce
maximum benefit from past experience;                         mutual aid measures in the struggle against
                                                              irregularities, use data processing on a much wider
                                                              scale, harmonize auditing techniques, and give
47.     Notes that the Commission has introduced a             maximum training and assistance to national officials
series of procedures for controlling the use of fund           engaged in this work ;
resources in order to ensure that the most efficient
use is made of Community aid, and requests the
Commission to pursue and, if necessary, intensify             55 .     Concerned lest the very high level of national
those procedures ;                                             aid to agriculture might, in part, run counter to
                                                               overall Community policy in regard to agriculture
                                                               and weaken the impact of Community budgetary
48 .    Intends to keep a particularly close check on          outlay, calls on the Commission to watch the trend
the management of the Regional Fund in the                     and direction of national aid very carefully,
framework of the report on the discharge in coming             reporting, if necessary, to Parliament on the situation;
 years in order to eliminate any irregularities ;
                                                               56 .    Also concerned about the effect of technical
EAGGF, Guarantee Section                                       obstacles to trade which might detract from the
                                                               effectiveness of the common agricultural policy, asks
                                                               the Commission to check continually on such
49 .    Urges the Council to refrain, in future, from          potential obstacles and report, if necessary, to
using so wide a range of techniques — carry overs,             Parliament on them ;
transfers, supplementary and amending budgets — to
assemble appropriations that should properly have
been provided in the initial budget;
                                                               57. Insists that accounts for past years must be
                                                               closed within reasonable time limits and that, in
50.      Asks the Council not to have recourse again to        future, the provisions of Article 5 (2) (b) of
the so-called 'open transfer' mechanism which results          Regulation (EEC) No 729/70 be complied with in a
in appropriations that have been brought forward               regular manner;
being diverted, in a later year, to finance expenditures
which are radically different from those for which
they were initially authorized by Parliament;                  58 . Believing that codification of Community
                                                               legislation relating to the EAGGF would facilitate the
51 .    Fears that the growing cost of the                     work of all concerned with its management, calls on
                                                               the Commission to make available a loose-leaf binder,
agri-monetary measures might hamper the evolution
of the common agricultural policy, and calls on the            to be kept up-to-date by a regular system of
 Council to press ahead, as a matter of the greatest           amendments , of this legislation ;
urgency, with the broad economic and monetary
measures needed to bring about a situation in which
monetary compensatory amounts will constitute a                59. Asks that the tendering system be used as
 much-diminished share of the budget ;                         much as possible to ensure that market forces operate
                                                               as fully as possible in the agricultural sector;
52. Believes that a strengthening of the position of
Parliament in relation to the budgetary decisions in           60.     Calls on the Audit Board to report, in
the sphere of the common agricultural policy renders           particular, on the subject of storage with special
essential the amendments to Articles 107 and 113 of
                                                               reference to movements           between     regions  of
the Financial Regulation which were proposed on 14             commodities for storage ;
December 1976 and asks the Council to give effect to
these proposals in the amended version of the
Financial Regulation ;
                                                               61 .    Also asks the Audit Board to devote special
                                                               attention to cooperation between Member States
 53 .    Noting the rise in the number of frauds and           themselves and between Member States and the
 irregularities that have been disclosed, urges the            Commission in the matter of efforts to repress frauds
 Commission, the Audit Board, Council and Member               and irregularities.
 ---pagebreak--- No L 229/6                         Official Journal of the European Communities                                 7. 9 . 77
EAGGF, Guidance Section                                       that meet a real need can be maintained if its
                                                              functioning is improved ;
62 . Deplores the Council's inability to introduce a
genuine Community agricultural structures policy ;            68 .   Feels that those measures financed by the
feels in particular that neither existing appropriations      Guidance Section that have a greater effect on the
nor current Regulations make it possible to envisage          economic situation than on agricultural structures
the restoration of balance between Community and              should be considered as coming within the scope of
national projects in this field ;                             the Guarantee Section ;
63 . Requests the Commission, therefore, to draw              Food aid
up proposals for :
— the introduction of a simpler and more efficient            69 .   Considers that the erratic budgetary
    financing system that will provide more of an             management of food aid is clear evidence of the lack
    incentive to Member States and recipients,                of an overall Community policy in this area;
— determining the appropriations to be allocated to
    such projects in keeping with requirements and as         70.    Strongly supports the Commission's present
    part of the budgetary procedure ;                         efforts to remedy this state of affairs ; will oppose any
                                                              Community food aid measures consisting of the
64. Requests the Commission and the Council to                financing of individual projects ;
state the objectives of the Regulations in order to
ensure that appropriations are used for those                 71 . Requests the Court of Auditors to report to it
objectives and to make possible greater coordination          on the effectiveness of Community control in this
of those objectives, so that the EAGGF Guidance               area and on the effectiveness of procedures for the
Section does not become a demagogic system of                 allocation of funds ;
mutual social aid ;
                                                              Development Fund
65.     Reiterates its disapproval of movements of
appropriations that result in appropriations allocated        72. Emphasizes its intention to exercise to the full
for the improvement of agricultural structures not            the control responsibilities in respect of the EDF
being used for their intended purpose ;                       assigned to it by the implementing texts of the
                                                              Convention of Lome, pointing out that these
66. Is of the opinion that a considerable increase            responsibilities imply the budgetization of the EDF at
in the financing of joint schemes forming an integral         an early date ;
part of a coherent agricultural structures policy
should not necessarily result in the abolition of the         73 .    Instructs its Control Subcommittee to consider
system for financing individual projects ;                    jointly with the parties concerned the conditions
                                                              necessary for ensuring effective control of the effects
67.     Calls on the Commission to consider to what           of Community financing on the development of the
extent the system for financing individual projects           recipient countries .
 ---pagebreak--- 7 . 9 . 77                      Official Journal of the European Communities                          No L 229 /7
                                                 RESOLUTION
           embodying the opinion of the European Parliament on the granting of a discharge to the
           Commission of the European Communities in respect of the activities of the first, second
                               and third European Development Funds in 1975
           THE EUROPEAN PARLIAMENT,
           — having regard to the report of the Audit Board on the accounts for the financial
               year 1975 and the institutions' replies to that report (Doc. 523/76),
           — having regard to the report of the Committee on Budgets and the opinion of the
               Committee on Development and Cooperation (Doc. 165/77),
           1 . Requests the Council to give a discharge to the Commission in respect of the
           financial management of the first, second and third EDF's during the financial year 1975 ;
           2. Notes the inadequacy of Community control, which fails to allow a precise
           assessment of the effects of Community financing on the development of the recipient
           countries, or to provide detailed information on the extent and implications of the
           shortcomings revealed;
           3.    Requests the Commission to suspend all decisions on financing from the secortd
           EDF and to transfer the unused balances to the third EDF ;
           4. Calls upon the Commission to prepare the incorporation of the European Agency
           for Cooperation into the central administrative and budgetary structures of the Com
           munity.


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31995D0043

95/43/EC: Council Decision of 23 January 1995 appointing an alternate member of the Committee of the Regions

Official Journal L 050 , 07/03/1995 P. 0034 - 0034

COUNCIL DECISION of 23 January 1995 appointing an alternate member of the Committee of the Regions (95/43/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,  Having regard to the Council Decision of 26 January 1994 appointing the members and alternate members of the Committee of the Regions for the period 26 January 1994 to 25 January 1998 (1),  Whereas a seat for an alternate member of the Committee has become vacant following the resignation of Mr Gerhard Boekel, which was brought to the Council's attention on 24 October 1994;  Having regard to the proposal from the German Government,  HAS DECIDED AS FOLLOWS:   Sole Article  Mr Dietrich Kassmann is hereby appointed an alternate member of the Committee of the Regions in place of Mr Gerhard Boekel for the remainder of his term of office, which expires on 25 January 1998.  Done at Brussels, 23 January 1995.  For the Council The President A. JUPPÉ  (1) OJ No L 31, 4. 2. 1994, p. 29.


title: Council Decision of 17 February 1975 on the Community financing of certain expenditure in respect of food aid in the form of cereals supplied under the 1973/74 programme

text:
 No L 48 /28                           Official Journal of the European Communities                           22 . 2 . 75
                                                   COUNCIL DECISION
                                                    of 17 February 1975
               on the Community financing of certain expenditure in respect of food aid in the
                             form of cereals supplied under the 1973/74 programme
                                                        (75/ 128/ EEC)
THE COUNCIL OF THE EUROPEAN                                        HAS DECIDED AS FOLLOWS :
COMMUNITIES,
                                                                                Sole Article
 Having regard to the Treaty establishing the European
 Economic Community ;
                                                                   In the case of Community food aid for the Rwandese
 Having regard to Council Regulation (EEC) No                      Republic under the 1973/74 programme, Community
 1 703/72 (!) of 3 August 1972 amending Regulation                 financing shall cover the cost of delivery of the
(EEC) No 2052/69 on Community financing of expen                  product to the places of destination .
diture occasioned by the implementation of the 1967
 Food Aid Convention and laying down rules for the
Community financing of expenditure arising from the
implementation of the 1971 Food Aid Convention,
and in particular Articles 8(1 ) and 10(1 ) thereof ;              Done at Brussels, 17 February 1975 .
Having regard to the proposal from the Commission ;
Whereas it appears necessary for the Community to
                                                                                For the Council
assume responsibility for the costs of shipment to the
places of destination of 4 500 metric tons of aid in the                                       The President
form    of    cereals   allocated     under    the  1973/74
programme to the Rwandese Republic,                                                              R. RYAN
(') OJ No L 180, 8 . 8 . 1972, p. 1 .


title: Commission Decision (EU) 2017/1583 of 1 September 2017 specifying, pursuant to Directive 2006/7/EC of the European Parliament and of the Council, EN ISO 17994:2014 as the standard on the equivalence of microbiological methods (notified under document C(2017) 5843)

text:
               19.9.2017

               EN

               Official Journal of the European Union

               L 239/34

         COMMISSION DECISION (EU) 2017/1583
   of 1 September 2017
   specifying, pursuant to Directive 2006/7/EC of the European Parliament and of the Council, EN ISO 17994:2014 as the standard on the equivalence of microbiological methods

         (notified under document C(2017) 5843)

   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC (1), and in particular Article 15(2)(a) thereof,
   Whereas:

               (1)

               Commission Decision 2009/64/EC (2) specifies the international standard ISO 17994:2004(E) ‘Water quality — Criteria for establishing equivalence between microbiological methods’ as the standard on the equivalence of microbiological methods for the purposes of Directive 2006/7/EC.

               (2)

               Standard ISO 17994:2004(E) is outdated and has been technically updated (e.g. terminology update, clearer specifications, and addition of a new Annex on technical calculations).

               (3)

               Standard ISO 17994:2004(E) has therefore been replaced by a more recent version, ISO 17994:2014 ‘Water quality — Requirements for the comparison of the relative recovery of microorganisms by two quantitative methods’. This international standard has been transposed by the European Committee for Standardisation in a European standard EN ISO 17994:2014. It is therefore appropriate to specify standard EN ISO 17994:2014 as the standard on the equivalence of microbiological methods for the purposes of Directive 2006/7/EC.

               (4)

               Decision 2009/64/EC should therefore be repealed.

               (5)

               The measures provided for in this Decision are in accordance with the opinion of the Committee established by Article 16(1) of Directive 2006/7/EC,

         HAS ADOPTED THIS DECISION:
   Article 1
   For the purposes of Article 3(9) of Directive 2006/7/EC, standard EN ISO 17994:2014 ‘Water quality — Requirements for the comparison of the relative recovery of microorganisms by two quantitative methods’ shall be specified as the standard on the equivalence of microbiological methods.
   Article 2
   Decision 2009/64/EC is repealed.
   Article 3
   This Decision is addressed to the Member States.

      Done at Brussels, 1 September 2017.

            For the Commission

         Karmenu VELLA

            Member of the Commission

      (1)  OJ L 64, 4.3.2006, p. 37.

      (2)  Commission Decision 2009/64/EC of 21 January 2009 specifying, pursuant to Directive 2006/7/EC of the European Parliament and of the Council, ISO 17994:2004(E) as the standard on the equivalence of microbiological methods (OJ L 23, 27.1.2009, p. 32).


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31994D0353

94/353/EC: Decision of the European Parliament of 21 April 1994 giving discharge to the Commission in respect of the financial management of the seventh European Development Fund for the financial year 1992

Official Journal L 156 , 23/06/1994 P. 0044 - 0045

DECISION OF THE EUROPEAN PARLIAMENT of 21 April 1994 giving discharge to the Commission in respect of the financial management of the seventh European Development Fund for the financial year 1992 (94/353/EC)THE EUROPEAN PARLIAMENT,  - having regard to the EC Treaty,  - having regard to the fourth ACP-EEC Convention (1),  - having regard to the balance sheets and revenue and expenditure accounts of the fifth, sixth and seventh European Development Funds for the 1992 financial year (COM(93)0234),  - having regard to the report of the Court of Auditors concerning the financial year 1992 and the replies of the institutions (2),  - having regard to the recommendation of the Council of 25 March 1994 (C3-0152/94),  - having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (A3-0257/94),  1. Grants discharge to the Commission in respect of the financial management of the seventh European Development Fund for the financial year 1992 on the basis of the following amounts:  - Annual revenue Contributions paid ECU 0,00 Sundry receipts ECU 0,00 - Annual expenditure ECU 888 830 691,23;  2. Records its observations in the resolution which forms part of this decision;  3. Instructs its President to forward this decision and the resolution containing its observations to the Commission, the Council, the Court of Auditors and the European Investment Bank and to have them published in the Official Journal of the European  Communities (L series).  Done at Strasbourg, 21 April 1994.  The Secretary-General Enrico VINCI The President Dr Egon KLEPSCH   (1) OJ No L 229, 17. 8. 1991, p. 1.  (2) OJ No C 309, 16. 11. 1993.     RESOLUTION containing the observations which form part of the decisions granting discharge to the Commission in respect of the financial management of the fifth, sixth and seventh European Development Funds for the 1992 financial year  THE  EUROPEAN PARLIAMENT,  - having regard to Articles 137 and 206 of the EC Treaty,  - having regard to Articles 67, 70 and 73 of the Financial Regulations applicable respectively to the fifth, sixth and seventh EDFs, under which the Commission is required to take all appropriate steps to act on the observations appearing in the  discharge decisions,  - having regard to the motion for a resolution by Mr Mitolo and others on aid to Somalia (B3-1281/92),  - having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (A3-0257/94),  1. Takes note of:  (a) the assurance given by the Commission concerning the Community character of the operation involving sending Belgian UN troops to Somalia;  (b) the Commission's undertaking to use EDF appropriations solely to finance Community operations, ie those covered by Community legislation and, in particular, the Lomé Conventions;  (c) the plan submitted by the Commission for the inclusion of the EDF in the budget;  (d) the Commission's undertaking to refer to the European Parliament, for information, any decision of a political nature concerning changes in allocations;  2. Calls on the Commission to act on the recent discharge decisions and observations of the Court of Auditors;  3. Instructs its President to forward this resolution containing its observations to the Commission, the Council, the Court of Auditors and the European Investment Bank and to have it published in the Official Journal of the European Communities (L  series).


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31987D0289

87/289/Euratom: Council Decision of 2 June 1987 approving amendments to the Statutes of the Joint European Torus (JET), Joint Undertaking

Official Journal L 145 , 05/06/1987 P. 0087 - 0088

*****COUNCIL  DECISION  OF 2 JUNE 1987  APPROVING AMENDMENTS TO THE STATUTES OF THE JOINT EUROPEAN TORUS ( JET ), JOINT UNDERTAKING  ( 87/289/EURATOM )  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ATOMIC ENERGY COMMUNITY, AND IN PARTICULAR ARTICLE 50 THEREOF,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION,  WHEREAS, FOR THE PURPOSES OF IMPLEMENTING THE JET PROJECT, THE COUNCIL, BY DECISION 78/471/EURATOM ( 1 ), ESTABLISHED THE JOINT EUROPEAN TORUS ( JET ), JOINT UNDERTAKING, AND ADOPTED THE STATUTES THEREOF, LATER AMENDED BY DECISIONS 79/270/EURATOM ( 2 ) AND 83/310/EURATOM ( 3 );  WHEREAS, FOLLOWING THE ACCESSION TO THE EUROPEAN COMMUNITIES OF THE KINGDOM OF SPAIN AND THE PORTUGUESE REPUBLIC, THE "CENTRO DE INVESTIGACIONES ENERGETICAS MEDIOAMBIENTALES Y TECHNOLOGICAS', SPAIN, AND THE "JUNTA NACIONAL DE INVESTIGACAO CIENTIFICA E TECHNOLOGICA', PORTUGAL, REQUESTED ACCESSION TO THE JET JOINT UNDERTAKING;  WHEREAS THE JET COUNCIL HAS APPROVED THEIR ACCESSION TO THE JET JOINT UNDERTAKING AND THE AMENDMENTS TO THE JET STATUTES REQUIRED BY THAT ACCESSION AND BY SOME OTHER CHANGES THAT HAVE OCCURRED SINCE THE LAST AMENDMENT TO THE STATUTES,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE AMENDMENTS TO THE STATUTES OF THE "JOINT EUROPEAN TORUS ( JET ), JOINT UNDERTAKING', ANNEXED TO THIS DECISION, ARE HEREBY APPROVED .  ARTICLE 2  THIS DECISION SHALL ENTER INTO FORCE ON THE DAY FOLLOWING THAT OF ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  DONE AT LUXEMBOURG, 2 JUNE 1987 .  FOR THE COUNCIL  THE PRESIDENT  PH . MAYSTADT  ( 1 ) OJ NO L 151, 7 . 6 . 1978, P . 10 .  ( 2 ) OJ NO L 213, 21 . 8 . 1979, P . 9 .  ( 3 ) OJ NO L 164, 23 . 6 . 1983, P . 35 .  ANNEX  THE STATUTES OF THE "JOINT EUROPEAN TORUS ( JET ), JOINT UNDERTAKING' SHALL BE AMENDED AS FOLLOWS :  1 . ARTICLE 1.3 SHALL BE REPLACED BY THE FOLLOWING :  "1.3 . THE JOINT UNDERTAKING SHALL HAVE THE FOLLOWING MEMBERS :  _ THE EUROPEAN ATOMIC ENERGY COMMUNITY ( HEREINAFTER REFERRED TO AS "EURATOM "),  _ THE BELGIAN STATE ( HEREINAFTER REFERRED TO AS "BELGIUM ") ACTING FOR ITS OWN PART (" LABORATOIRE DE PHYSIQUE DES PLASMAS DE L'ECOLE ROYALE MILITAIRE ") AND ON BEHALF OF THE "UNIVERSITE LIBRE DE BRUXELLES" (" SERVICE DE CHIMIE-PHYSIQUE II DE L'ULB ") AND OF THE "CENTRE D'ETUDE DE L'ENERGIE NUCLEAIRE" ( CEN)/"STUDIECENTRUM VOOR KERNENERGIE" ( SCK ),  _ THE "CENTRO DE INVESTIGACIONES ENERGETICAS MEDIOAMBIENTALES Y TECNOLOGICAS", SPAIN, ( HEREINAFTER REFERRED TO AS "CIEMAT "),  _ THE "COMMISSARIAT A L'ENERGIE ATOMIQUE", FRANCE ( HEREINAFTER REFERRED TO AS "CEA "),  _ THE "COMITATO NAZIONALE PER LA RICERCA E PER LO SVILUPPO DELL'ENERGIA NUCLEARE E DELLE ENERGIE ALTERNATIVE", ITALY ( HEREINAFTER REFERRED TO AS "ENEA" WHICH, UNTIL 5 APRIL 1982, WAS NAMED "COMITATO NAZIONALE PER L'ENERGIA NUCLEARE", CNEN, AND WHICH, SINCE 1 JANUARY 1986, HAS REPRESENTED ALL ITALIAN ACTIVITIES FALLING WITHIN THE EURATOM FUSION PROGRAMME INCLUDING THAT OF THE "CONSIGLIO NAZIONALE DELLE RICERCHE", CNR ),  _ THE HELLENIC REPUBLIC ( HEREINAFTER REFERRED TO AS "GREECE "),  _ THE "FORSKNINGSCENTER RISOE", DENMARK ( HEREINAFTER REFERRED TO AS "RISOE "),  _ THE GRAND DUCHY OF LUXEMBOURG ( HEREINAFTER REFERRED TO AS "LUXEMBOURG "),  _ IRELAND,  _ THE "JUNTA NACIONAL DE INVESTIGACAO CIENTIFICA E TECNOLOGICA" PORTUGAL ( HEREINAFTER REFERRED TO AS "JNICT "),  _ THE "KERNFORSCHUNGSANLAGE JUELICH GMBH", FEDERAL REPUBLIC OF GERMANY ( HEREINAFTER REFERRED TO AS "KFA "),  _ THE "MAX-PLANCK-GESELLSCHAFT ZUR FORDERUNG DER WISSENSCHAFTEN E . V . _ INSTITUT FUER PLASMAPHYSIK", FEDERAL REPUBLIC OF GERMANY ( HEREINAFTER REFERRED TO AS "IPP "),  _ THE SWEDISH ENERGY RESEARCH COMMISSION ( HEREINAFTER REFERRED TO AS "SERC "), WHICH SUCCEEDED THE NATIONAL SWEDISH BOARD FOR ENERGY SOURCE DEVELOPMENT ON 1 JULY 1982,  _ THE SWISS CONFEDERATION ( HEREINAFTER REFERRED TO AS "SWITZERLAND "),  _ THE "STICHTING VOOR FUNDAMENTEEL ONDERZOEK DER MATEIRE", THE NETHERLANDS ( HEREINAFTER REFERRED TO AS "FOM "),  _ THE UNITED KINGDOM ATOMIC ENERGY AUTHORITY ( HEREINAFTER REFERRED TO AS "THE AUTHORITY" OR AS "THE HOST ORGANIZATION ").  2 . ARTICLE 4.1 . SHALL BE REPLACED BY THE FOLLOWING :  "4.1 . COMPOSITION, RIGHT OF VOTE  4.1.1 . THE MEMBERS OF THE JOINT UNDERTAKING SHALL BE REPRESENTED IN THE JET COUNCIL AS FOLLOWS, THE VOTE OF EACH PAIR OF REPRESENTATIVES BEING WEIGHTED AS INDICATED :  1.2.3REPRESENTING  NUMBER OF REPRESENTATIVES  WEIGHTING OF VOTE  EURATOM  2  5  BELGIUM  2  2  CIEMAT  2  3  CEA  2  5  ENEA  2  5  GREECE  2  1  RISOE  2  2  LUXEMBOURG  2  1  IRELAND  2  1  JNICT  2  2  IPP * KFA JOINTLY  2  5  SERC  2  2  SWITZERLAND  2  2  FOM  2  2  AUTHORITY  2  5  4.1.2 . FOR THEIR ADOPTION, ACTS OF THE JET COUNCIL SHALL REQUIRE AT LEAST 29 VOTES IN FAVOUR .'