title: 2012/594/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of Eurojust for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/267

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of Eurojust for the financial year 2010
   (2012/594/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of Eurojust for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of Eurojust for the financial year 2010, together with Eurojust’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

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

               —

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

               —

               having regard to Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (3), and in particular Article 36 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0128/2012),

               1.

               Grants the Administrative Director of Eurojust discharge in respect of the implementation of Eurojust’s budget for the financial year 2010;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Administrative Director of Eurojust, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 140.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 63, 6.3.2002, p. 1.

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

      EUROPEAN PARLIAMENT RECOMMENDATIONS OVER PAST YEARS

               Eurojust

               2006

               2007

               2008

               2009

               Performance

               n.a.

               The lack of indicators, the deficits in measurement of user satisfaction and the lack of coordination between the budget and the work programme make it difficult to evaluate Eurojust’s performance

               Calls on the Agency to inform the discharge authority on the Key Performance Indicators and their links to the Agency’s objectives, budget and work programmes of the Agency

               Carry-over appropriations

               The annuality and the specification principles are not strictly observed: the management of the budget showed a high number of transfers of appropriations between budget lines and in many cases the supporting documentation was insufficiently detailed

               The annuality principle was not strictly observed: high levels of carry-overs and weaknesses in the programming and monitoring (budget: EUR 18 900 000; appropriations: EUR 18 000 000; carry-over: EUR 5 200 000)

                           —

                           The annuality principle was not strictly observed: the level of appropriations carried over from the previous year and then cancelled (EUR 1 000 000, or 25 % of appropriations carried over) was high

                           —

                           Calls on the Commission to keep Eurojust’s cash holdings as low as possible; Eurojust has a permanently high level of cash holdings (December 2008: EUR 4 612 878,47)

                           —

                           The Court of Auditors does not comment on the level of carry-overs and cancellations of appropriations in 2009

                           —

                           Calls on the Agency to inform the discharge authority of the steps taken to avoid carrying forward appropriations, such has been a constant issue during the previous discharge procedures

               Procurement procedures

               Deficiencies in the procurement procedures

               Deficiencies in the procurement procedures, as in the two previous years (i.e. the Agency extended existing contracts in a manner contrary to the rules)

               Deficiencies in procurement procedures, as in the three previous years: in most procurement cases no prior estimation of the market value was made before the procedure was launched; weaknesses in the monitoring of contracts and the programming of procurements; calls on the Agency to inform the discharge authority on the plan to overcome this situation

               Congratulates the Agency for establishing measures to estimate the market value of relevant products/services before commencing a procurement procedure; considers this initiative an important practice to be followed by other agencies; welcomes, in addition, the Agency’s annual procurement plan for 2009, which greatly helped the Agency’s units and services in the management of their tenders; considers that these initiatives improve the authorising officer’s guidance and control

               Human resources

               n.a.

                           —

                           Weaknesses in the recruitment procedures

                           —

                           Reduction of the vacancy rate from 34 % at the end of 2007 to 25 % at the end of 2008

                           —

                           Shortcomings in the recruitment planning

                           —

                           Shortcomings in the planning and implementation of recruitment procedures: 26 % of the posts are still vacant

                           —

                           Eurojust has not respected the principle of specification

                           —

                           Calls on the Agency to inform the discharge authority about its new recruitment procedure

                           —

                           The Court of Auditors notes shortcomings in the planning and implementation of the recruitment procedures (24 % of posts remain vacant)

                           —

                           Calls on the Agency to set up a comprehensive recruitment action plan to significantly reduce the vacancy rate and to inform the discharge authority about this

                           —

                           Calls on the Agency to reduce the number of temporary staff to the number recommended by the IAS

                           —

                           Expresses concern that the Court of Auditors has reported that three out of six middle management posts at the Agency were filled on a temporary basis by ‘acting’ staff members

               Internal audit

               n.a.

               n.a.

               Calls on the Agency to implement 26 out 26 recommendations made by the Internal Audit Service; calls on the Agency to put in place without delay the following recommendations on human resources management: preparing short term to fill the current vacancies; redefining the set-up of the Human Resources Unit; reducing the number of temporary staff; strengthening the recruitment procedure; adopting the implementing rules for career development; ensuring the independence of the members of the Selection Board; and making sure that the public procurement procedures are correctly implemented

               Calls on the Agency to inform the discharge authority of the reasons for the delay in resolving the recommendations made by the IAS on 31 December 2008 and to take immediate action on improving the recruitment procedure, reducing the number of interim staff, restructuring the HR unit, developing a HR management plan, reinforcing the monitoring of the HR activities and reviewing the content of the register of exceptions

          ---documentbreak---

               17.10.2012

               EN

               Official Journal of the European Union

               L 286/268

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of Eurojust for the financial year 2010
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of Eurojust for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of Eurojust for the financial year 2010, together with Eurojust’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

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

               —

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

               —

               having regard to Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (3), and in particular Article 36 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0128/2012),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts of Eurojust for the financial year 2010 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas on 10 May 2011 Parliament granted the Administrative Director of Eurojust discharge for implementation of the Agency’s budget for the financial year 2009 (5), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           called on the Agency to inform the discharge authority of the steps taken to avoid carrying forward appropriations,

                           —

                           expressed concern at the fact that the Court of Auditors had again noted shortcomings in the planning and implementation of recruitment procedures; noted in particular that the level of vacant posts (24 %) was still too high, although less than in 2008 (26 %) and in 2007 (33 %),

                           —

                           called on the Agency to take immediate action on improving the recruitment procedure, reducing the number of interim staff, restructuring the Human Resources (HR) Unit, developing an HR management plan, reinforcing the monitoring of HR activities and reviewing the content of the register of exceptions,

               C.

               whereas the budget of the Agency for the financial year 2010 was EUR 32 300 000, which is an increase of 14,5 % on the financial year 2009,

               D.

               whereas the Union’s contribution to the budget of the Agency for 2010 was EUR 30 163 220 compared to EUR 24 799 400 in 2009 (6), which represents an increase by 21,62 %,

      Budget and financial management

               1.

               Notes from its Annual Activity Report (AAR) that the Agency executed 97,8 % of its commitment appropriations from the operating budget in 2010; notes in particular that compared to 2009 the executed budget increased by:

                           —

                           18,6 % under Title 1 (Staff expenditure),

                           —

                           6 % under Title 2 (Administration),

                           —

                           34 % under Title 3 (Operational expenditure);

               2.

               Acknowledges that the Agency was granted EUR 2 159 000 from the Commission for participation in criminal justice programmes (Joint Investigation Teams) and received 95 % of this amount in 2010;

      Transfers and carry-over of appropriations

               3.

               Establishes from the AAR that six budgetary transfers were made in 2010;

               4.

               Ascertains from the AAR that automatic carry-overs of the commitment appropriations (excluding grants) increased from 16 % in 2009 to 20 % in 2010 with a total of EUR 6 100 000 in 2010;

               5.

               Calls on the Agency to inform the discharge authority of the steps taken to avoid carrying forward appropriations; is concerned, in particular, by the excessive carry-overs under Title III, which amounted to 38 % of the Title III total budget, and stresses that this deficiency has been underlined by the Court of Auditors for several years;

               6.

               Regrets the high level of operational expenditure carried forward to 2011; takes note of the Agency’s reply that this was mainly due to the Organisational Structural Review project, a new computer infrastructure and the costs related to data processing; welcomes the measures to be taken in 2012 by the Agency, especially the establishment of specific procurement plans for each unit; calls on the Agency to implement those measures without further delay; welcomes the assurance that necessary authorisations and commitments for procurement will be granted as early as possible in the year and calls on the Agency to adhere to this assurance;

      Procurement procedures

               7.

               Acknowledges from the AAR that nine open procedures, seven negotiated procedures, three inter-institutional procedures and one joint procedure with an international organisation were completed in 2010 and resulted in 29 new contracts;

               8.

               Acknowledges the observations from the Court of Auditors that in one case the evaluation committee failed to apply the weightings published in the tender specifications; therefore calls on the Agency to prevent further similar mistakes and to ensure that the quality standards of procedure used in the tender are respected;

      Register of exceptions

               9.

               Establishes from the AAR that in 2010, six new exception decisions were entered in the Register of Exceptions, of which four concerned budget, finance and procurement matters and two concerned HR matters;

               10.

               Notes in particular that, on budget, finance and procurement matters, the four exceptions were respectively related to:

                           —

                           delegation of the right to make transfers as per Article 23(1) of the Eurojust Financial Regulation,

                           —

                           Article 75 of the Eurojust Financial Regulation and the award of a grant by Eurojust — European Judicial Network and that the exception expired on 31 December 2010,

                           —

                           the extension of a contract that should have been terminated and that the situation ended on 27 December 2010 with the signature of a new contract following the completion of a tender procedure,

                           —

                           the increase of the earmarked amount of a 2008 award decision (in 2008),

                     calls on the Agency to inform the discharge authority on the status of the two exceptions, which were still ongoing at the end of 2010;

               11.

               Notes, with regard to HR matters, that the two exceptions related to:

                           —

                           the extension of the appointment of a staff member, whereby that staff member continued temporarily to occupy the post of Head of Unit,

                           —

                           the temporary transfer of a staff member in the interest of the service pursuant to Article 7 of the Staff Regulations,

                     acknowledges the Agency’s statement that the two situations came to an end on 15 October 2010;

      Human resources (HR)

               12.

               Expresses concern about the fact that the Court of Auditors has once again observed shortcomings in the implementation of recruitment procedures; notes in particular that the level of vacant posts (13 %) is still high, although lower than in 2009 (24 %), in 2008 (26 %) and in 2007 (33 %); accordingly, calls on the Agency to set up a comprehensive recruitment action plan to significantly reduce the vacancy rate and to inform the discharge authority about this;

               13.

               Acknowledges the Court of Auditors’ observation that, despite the fact that recruitment cannot be made from expired reserve lists, an official was recruited in 2010 using a reserve list which had expired in January 2009 and the extension of which was not accepted; calls on the Agency to ensure that all decisions concerning recruitment are adequately documented to avoid such a situation in the future;

               14.

               Deplores that fact and calls on the Agency to monitor closely the validity of all reserve lists for recruitment in order to prevent such mistakes in the future; welcomes the Agency’s reply that appointments from a reserve list will only take place after verification of the appropriateness of individual appointments;

               15.

               Calls on the Agency to desist from such practices and to respect recruitment rules;

               16.

               Deplores the fact that the evaluation committee failed to apply the weightings published in the tender specifications; welcomes the information given by the Agency that measures have been taken which include submission to the Administrative Director of full documentation concerning the substantial and commercial evaluation for each procurement before any contracts are awarded; welcomes the Agency’s commitment to fair, transparent and accurate procurement, so as to contribute towards the financial credibility of the organisation, and calls on the Agency to take measures to fully ensure that it fulfils that commitment;

      Performance

      Organisational structure review

               17.

               Notes from the AAR that the Organisational Structure Review, which started in 2009, continued in 2010, and that a proposal for the Multiannual Staff Policy Plan 2012-2014 and the Establishment Plans for the year 2011 and 2012 were drafted; also takes note that a detailed plan for the implementation phase was submitted by a consultancy by the end of 2010 and ultimately discussed and endorsed by the College of the Agency;

      Financial reporting and analysis

               18.

               Acknowledges the statement in the Agency’s AAR that its Budget, Finance and Procurement Unit introduced an enhanced method of financial reporting and analysis at Unit level; understands that the Heads of Unit now receive complete information on their spending and commitments by budget line and that the information is issued monthly and quarterly, providing comparisons to the budget for the year and the previous year, by month and cumulatively;

               19.

               Is of the opinion that a thorough implementation of this method should lead to better budgetary and financial management; calls on the Agency to inform the discharge authority of the concrete results following the implementation of this method;

      Responsibilities of the Administrative Director

               20.

               Recalls that the Administrative Director of the Agency is accountable to the discharge authority for the implementation of the revenue and expenditure of the budget and is responsible for putting in place the organisational structure, the internal management and control systems and procedures relevant for drawing up final accounts that are free from material misstatement, and for ensuring that the transactions underlying those accounts are legal and regular;

               21.

               Acknowledges, however, the Court of Auditors’ observation that the Administrative Director is not de facto responsible for the majority of the daily management decisions, which are taken by the College of the Agency on the basis of the relevant provisions of its founding Decision 2002/187/JHA; calls on the Agency to address and review this anomaly as soon as possible; points out that, if ambiguities persist, the envisaged new Regulation on the Agency should address this structural deficiency;

               22.

               Notes from the Agency’s statement that its College has no means to redefine the respective roles and responsibilities of the Administrative Director and the College so as to solve the accountability overlap, but that measures have been implemented to ensure that the Administrative Director can act in accordance with his responsibilities;

      Annual Work Programme (AWP)

               23.

               Underlines the importance of linking the Agency’s indicators to its objectives, budget and AWP in order to allow stakeholders to evaluate the Agency’s performance; urges the Agency, therefore, to inform the discharge authority of the key indicators established by the Agency and their links to its objectives, budget and AWP;

               24.

               Considers that the Agency’s internal process supporting the establishment of its AWP has a significant impact on the reliability of information that the Agency provides to its stakeholders and to the discharge authority; urges the Agency, therefore, to ensure consistency in its planning, adequate procedures and guidelines, and to furnish sufficient documentation supporting the AWP in order to provide information on all activities carried out and on the resources planned per activity;

               25.

               Is concerned that the assignment of responsibility for the preparation and adoption of the AWP is not stated in its founding Decision 2002/187/JHA; considers that this may lead to confusion and lack of ownership for the preparation and adoption of the AWP; therefore calls on the Agency to rapidly address this deficiency and to inform the discharge authority of the action taken;

               26.

               Urges the Agency to take action to ensure that the legal basis for executing its budget is not put in question and that its AWP is complete and contains all the information required (i.e. information on all activities carried out by the Agency and the resources planned per activities);

               27.

               Calls also on the Agency to establish a multiannual IT strategy plan for both operational and support activities;

      Internal audit

               28.

               Acknowledges that 12 ‘very important’ recommendations from the Internal Audit Service (IAS) are still open, including two that have been reported as implemented by the Agency, and calls on the IAS to clarify the actual stage of their implementation;

               29.

               Notes that, for eight ‘very important’ recommendations, the implementation is delayed beyond the date defined by the Agency in its original action plan; notes that the delay is greater than 12 months in the case of six of these, relating to:

                           —

                           the review of the content of the Register of Exceptions and its corrective actions,

                           —

                           the development of a HR management plan,

                           —

                           reinforcement of the monitoring of HR activities,

                           —

                           the reduction of the number of interim staff,

                           —

                           the redefinition of the set-up of the HR Unit,

                           —

                           the implementation of an integrated HR IT tool;

               30.

               Urges the Agency to properly address the recommendations issued by the IAS and to inform the discharge authority of the measures taken in this respect;

               31.

               Draws attention to its recommendations from previous discharge reports, as set out in the Annex to this resolution;

               32.

               Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2012 (7) on the performance, financial management and control of the agencies.

      (1)  OJ C 366, 15.12.2011, p. 140.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 63, 6.3.2002, p. 1.

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

      (5)  OJ L 250, 27.9.2011, p. 215.

      (6)  OJ L 64, 12.3.2010, p. 1052.

      (7)  Texts adopted, P7_TA(2012)0164 (see page 388 of this Official Journal).


title: 2010/126/CFSP: Council Decision 2010/126/CFSP of 1 March 2010 amending Common Position 2009/138/CFSP concerning restrictive measures against Somalia

text:
               2.3.2010

               EN

               Official Journal of the European Union

               L 51/18

         COUNCIL DECISION 2010/126/CFSP
   of 1 March 2010
   amending Common Position 2009/138/CFSP concerning restrictive measures against Somalia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 10 December 2002, the Council adopted Common Position 2002/960/CFSP concerning restrictive measures against Somalia (1) following United Nations Security Council Resolutions (UNSCR) 733 (1992), 1356 (2001) and 1425 (2002) relating to an arms embargo against Somalia.

               (2)

               On 16 February 2009, the Council adopted Common Position 2009/138/CFSP (2) implementing UNSCR 1844 (2008) which introduced restrictive measures against those who seek to prevent or block a peaceful political process, or those who threaten the Transitional Federal Institutions (TFIs) of Somalia or the African Union Mission in Somalia (AMISOM) by force, or take action that undermines stability in Somalia or the region.

               (3)

               On 23 December 2009, the United Nations Security Council adopted UNSCR 1907 (2009) calling upon all States to inspect, in accordance with their national authorities and legislation and consistent with international law, all cargoes to and from Somalia, in their territory, including seaports and airports, if the State concerned has information that provides reasonable grounds to believe that the cargo contains items whose supply, sale, transfer or export is prohibited under the general and complete arms embargo to Somalia established pursuant to paragraph 5 of UNSCR 733 (1992) and elaborated and amended by subsequent resolutions.

               (4)

               Common Position 2009/138/CFSP should be amended accordingly.

               (5)

               Further action by the Union is needed in order to implement certain measures,

         HAS ADOPTED THIS DECISION:
   Article 1
   Common Position 2009/138/CFSP is hereby amended as follows:
   The following Article is inserted:

      ‘Article 3a
      1.   Member States shall inspect, in accordance with their national authorities and legislation and consistent with international law, all cargo to and from Somalia in their territory, including at their airports and seaports, if they have information that provides reasonable grounds to believe that the cargo contains items whose supply, sale, transfer or export is prohibited under Article 3.
      2.   Aircrafts and vessels transporting cargo to and from Somalia shall be subject to the requirement of additional pre-arrival or pre-departure information for all goods brought into or out of a Member State.
      3.   Member States shall, upon discovery, seize and dispose of (either by destroying or rendering inoperable) items whose supply, sale, transfer or export is prohibited under Article 3.’

   Article 2
   This Decision shall enter into force on the date of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 1 March 2010.

            For the Council

            The President

         D. LÓPEZ GARRIDO

      (1)  OJ L 334, 11.12.2002, p. 1.

      (2)  OJ L 46, 17.2.2009, p. 73.


Avis juridique important

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32002D0611

2002/611/EC: Commission Decision of 12 July 2002 accepting an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of sulphanilic acid originating in India

Official Journal L 196 , 25/07/2002 P. 0036 - 0037

Commission Decisionof 12 July 2002accepting an undertaking offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of sulphanilic acid originating in India(2002/611/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 2238/2000(2), and in particular Article 8 thereof,Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 against subsidised imports from countries not members of the European Community(3), and in particular Article 13 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE(1) By Regulation (EC) No 573/2002(4) the Commission imposed a provisional countervailing duty on imports of sulphanilic acid originating in India. On the same day by Regulation (EC) No 575/2002(5), the Commission also imposed a provisional anti-dumping duty on imports of the same product originating in India and in the People's Republic of China.(2) Following the adoption of the provisional countervailing measures, the Commission continued its investigation of subsidisation, injury and Community interest. The definitive findings and conclusions of this investigation are set out in Council Regulation (EC) No 1338/2002 of 22 July 2002 imposing a definitive countervailing duty and collecting definitively the provisional countervailing duty imposed on imports of sulphanilic acid originating in India(6).(3) Similarly, following the adoption of the provisional anti-dumping measures, the Commission continued its investigation of dumping, injury and Community interest. The definitive findings and conclusions of this investigation are set out in Council Regulation (EC) No 1339/2002 of 22 July 2002 imposing a definitive anti-dumping duty and collecting definitively the provisional anti-dumping duty imposed on imports of sulphanilic acid originating in India and the People's Republic of China(7).(4) The investigations confirmed both the provisional findings of injurious subsidisation relating to imports originating in India and the provisional findings of injurious dumping relating to imports originating in India and the People's Republic of China.B. UNDERTAKINGS(5) Subsequent to the adoption of provisional anti-dumping and countervailing measures, the sole cooperating exporting producer in India ("the Company"), offered a price undertaking in accordance with Article 8(1) of Regulation (EC) No 384/96 ("basic anti-dumping Regulation") and Article 13(1) of Regulation (EC) No 2026/97 ("basic anti-subsidy Regulation"). By doing so, it has agreed to sell the product concerned at or above price levels, which would have the effect of eliminating the injurious effects of subsidisation and dumping.(6) The Company will also provide the Commission with regular and detailed information concerning its exports to the Community, meaning that the undertaking can be monitored effectively by the Commission. Furthermore, the sales structure of the Company is such that the Commission considers that the risk of circumventing the agreed undertaking is limited.(7) In view of the above, the offer of an undertaking is considered acceptable and the company concerned has been informed of the essential facts, considerations and obligations upon which acceptance is based.(8) In order to ensure the effective monitoring and respect of the undertaking, when the request for release for free circulation pursuant to the undertaking is presented to the relevant customs authority, exemption from duties shall be conditional upon the presentation of a commercial invoice containing the information listed in the Annex to Regulations (EC) No 1338/2002 and (EC) No 1339/2002 which is necessary for customs authorities. Where no such invoice is presented, or when it does not correspond to the product concerned presented to customs, the appropriate rate of countervailing duty and anti-dumping duty shall instead be payable in order to ensure the effective application of the undertaking.(9) It should be noted that in the event of a breach or withdrawal of the undertaking or a suspected breach, a countervailing duty and an anti-dumping duty may be imposed pursuant to Article 13(9) and (10) of the basic anti-subsidy Regulation and Article 8(9) and (10) of the basic anti-dumping Regulation respectively,HAS DECIDED AS FOLLOWS:Article 1The undertaking offered by the producer mentioned below, in the framework of the anti-subsidy proceeding concerning imports of sulphanilic acid originating in India and in the framework of the anti-dumping proceeding concerning imports of the same product originating in India and the People's Republic of China, is hereby accepted.>TABLE>Article 2This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Communities.Done at Brussels, 12 July 2002.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 257, 11.10.2000, p. 2.(3) OJ L 288, 21.10.1997, p. 1.(4) OJ L 87, 4.4.2002, p. 5.(5) OJ L 87, 4.4.2002, p. 28.(6) See page 1 of this Official Journal.(7) See page 11 of this Official Journal.


title: 2014/784/EU: Council Decision of 7 November 2014 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Budget Lines 02.03.01 and 12.02.01)

text:
               13.11.2014

               EN

               Official Journal of the European Union

               L 328/41

         COUNCIL DECISION
   of 7 November 2014
   on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Budget Lines 02.03.01 and 12.02.01)

      (2014/784/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 in conjunction with Article 218(9) thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.

               (2)

               Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol 31 to the EEA Agreement.

               (3)

               Protocol 31 to the EEA Agreement contains provisions and arrangements concerning cooperation in specific fields outside the four freedoms.

               (4)

               It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in actions funded from the general budget of the Union concerning ‘Operation and development of the internal market, particularly in the fields of notification, certification and sectoral approximation’ and ‘Implementation and development of the internal market’.

               (5)

               It is appropriate that, pursuant to Article 1(8) of Protocol 32 to the EEA Agreement, the cooperation among the Parties should continue beyond 31 December 2013, irrespective of when the EEA Joint Committee Decision annexed to this Decision is adopted or whether the fulfilment of constitutional requirements for this EEA Joint Committee decision, if any, is notified after 10 July 2014.

               (6)

               Entities established in the EFTA States should be entitled to participate in activities which start before the entry into force of the EEA Joint Committee Decision annexed to this Decision. The costs incurred for such activities, the implementation of which starts after 1 January 2014, may be considered eligible under the same conditions as those applicable to costs incurred by entities established in the Union Member States provided that the EEA Joint Committee Decision enters into force before the end of the action concerned.

               (7)

               Protocol 31 to the EEA Agreement should therefore be amended, in order to allow for this extended cooperation to continue beyond 31 December 2013.

               (8)

               The position of the Union within the EEA Joint Committee should be based on the attached draft decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted, on behalf of the European Union, within the EEA Joint Committee on the proposed amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms, shall be based on the draft decision of the EEA Joint Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 7 November 2014.

            For the Council

            The President

         P. C. PADOAN

      (1)  OJ L 305, 30.11.1994, p. 6.

      (2)  OJ L 1, 3.1.1994, p. 3.

      DRAFT
      DECISION OF THE EEA JOINT COMMITTEE No …/2014
      of
      amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Articles 86 and 98 thereof,
      Whereas:

                  (1)

                  It is appropriate to continue the cooperation of the Contracting Parties to the EEA Agreement in Union actions funded from the general budget of the European Union regarding the implementation, operation and development of the Internal Market.

                  (2)

                  It is appropriate that this cooperation should continue beyond 31 December 2013, irrespective of when this Decision is adopted or whether the fulfilment of constitutional requirements for this Decision, if any, is notified after 10 July 2014.

                  (3)

                  Entities established in the EFTA States should be entitled to participate in activities which start before the entry into force of this Decision. The costs incurred for such activities, the implementation of which starts after 1 January 2014, may be considered eligible under the same conditions as those applicable to costs incurred by entities established in the EU Member States provided that this Decision enters into force before the end of the action concerned.

                  (4)

                  Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to continue beyond 31 December 2013,

            HAS ADOPTED THIS DECISION:
      Article 1
      Article 7 of Protocol 31 to the EEA Agreement shall be amended as follows:

                  1.

                  The following paragraph is inserted after paragraph 8:
                  ‘9.   The EFTA States shall, as from 1 January 2014, participate in the Union actions related to the following budget lines, entered into the general budget of the European Union for the financial year 2014:

                              —

                                 Budget line 02.03.01: “Operation and development of the internal market, particularly in the fields of notification, certification and sectoral approximation”,

                              —

                                 Budget line 12.02.01: “Implementation and development of the internal market”.

                        The costs incurred for activities the implementation of which starts after 1 January 2014, may be considered eligible as from the beginning of the action under the grant agreement or the grant decision concerned provided that Decision of the EEA Joint Committee No …/2014 of … enters into force before the end of the action.’

                  2.

                  The words ‘paragraphs 5, 6, 7 and 8’ in paragraphs 3 and 4 are replaced by the words ‘paragraphs 5 to 9’.

            Article 2
      This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (1).
      It shall apply from 1 January 2014.
      Article 3
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at Brussels,

               For the EEA Joint Committee

               The President

               The Secretaries

               to the EEA Joint Committee

         (1)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]


Avis juridique important

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32002D0931

2002/931/EC: Council Decision of 22 October 2002 on the conclusion of an Additional Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, laying down the trade arrangements for certain fish and fishery products

Official Journal L 324 , 29/11/2002 P. 0059 - 0060

Council Decisionof 22 October 2002on the conclusion of an Additional Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, laying down the trade arrangements for certain fish and fishery products(2002/931/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) It is desirable to complete, by means of an Additional Protocol, the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part(1), so as to provide for preferential conditions for the importation into the Community of certain fish and fishery products originating in the Czech Republic, and into the Czech Republic of certain fish and fishery products originating in the Community.(2) To that end a new Protocol laying down the trade arrangements for certain fish and fishery products should be added to the said Europe Agreement.(3) The Protocol should be approved,HAS DECIDED AS FOLLOWS:Article 1The Additional Protocol to the Europe Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Czech Republic, of the other part, laying down the trade arrangements for certain fish and fishery products is hereby approved on behalf of the Community.The text of the Protocol is attached to this Decision.Article 21. From the date of entry into force of the Protocol, the tariff quota for live trout (order number 09.5261) and the tariff quota for live carp (order number 09.5263) as mentioned in Regulation (EC) No 965/97(2) shall cease to apply for products originating in the Czech Republic.2. From the date of entry into force of the Protocol, a tariff quota with order number 09.5263 for three annual quota periods for live carp falling under CN subheading 0301 93 00 shall be opened at a duty rate of 0 %. For the first quota period starting from the date of entry into force of this Protocol to 31 December 2002 the quota volume shall be 2840 tonnes, for the second quota period from 1 January to 31 December 2003 the quota volume shall be 4500 tonnes and for the third quota period from 1 January to 31 December 2004 the quota volume shall be 5000 tonnes. This quota shall be administered by the Commission in accordance with Articles 308a, 308b and 308c of Regulation (EEC) No 2454/93(3).Article 3The President of the Council is hereby authorised to designate the person empowered to sign the Protocol in order to bind the Community.Done at Luxembourg, 22 October 2002.For the CouncilThe PresidentP. S. Møller(1) OJ L 360, 31.12.1994, p. 2.(2) OJ L 141, 31.5.1997, p. 1.(3) OJ L 253, 11.10.1993, p. 1; Regulation as last amended by Regulation (EC) No 993/2001 (OJ L 141, 28.5.2001, p. 1).


title: Political and Security Committee Decision EUPM/1/2008 of 24 October 2008 concerning the appointment of the Head of Mission/Police Commissioner of the European Union Police Mission (EUPM) in Bosnia and Herzegovina

text:
               7.11.2008

               EN

               Official Journal of the European Union

               L 298/30

      POLITICAL AND SECURITY COMMITTEE DECISION EUPM/1/2008
   of 24 October 2008
   concerning the appointment of the Head of Mission/Police Commissioner of the European Union Police Mission (EUPM) in Bosnia and Herzegovina
   (2008/835/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union and in particular the third paragraph of Article 25 thereof,
   Having regard to Joint Action 2007/749/CFSP of 19 November 2007 on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH) (1), and in particular Article 10(1) thereof,
   Whereas:

               (1)

               Under Article 10(1) of Joint Action 2007/749/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 25 of the Treaty, to take the relevant decisions, including the decision to appoint a Head of Mission/Police Commissioner.

               (2)

               The Secretary-General/High Representative has proposed to the PSC that Mr Stefan FELLER should be appointed as Head of Mission of the EUPM,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Stefan FELLER is hereby appointed Head of Mission/Police Commissioner of the European Union Police Mission (EUPM) in Bosnia and Herzegovina with effect from 1 November 2008.
   Article 2
   This Decision shall take effect on the day of its adoption.
   It shall apply until 31 December 2009.

      Done at Brussels, 24 October 2008.

            For the Political and Security Committee

            The Chairman

         C. ROGER

      (1)  OJ L 303, 21.11.2007, p. 40.


Avis juridique important

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32002D1000

2002/1000/EC: Council Decision of 16 December 2002 on the signing, on behalf of the Community, and the provisional application of the Agreement between the European Community and the Kingdom of Cambodia, on trade in textile products, initialled in Phnom Penh on 18 October 2002

Official Journal L 349 , 24/12/2002 P. 0066 - 0066

Council Decisionof 16 December 2002on the signing, on behalf of the Community, and the provisional application of the Agreement between the European Community and the Kingdom of Cambodia, on trade in textile products, initialled in Phnom Penh on 18 October 2002(2002/1000/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Commission has negotiated on behalf of the European Community an Agreement on trade in textile products with the Kingdom of Cambodia.(2) The Agreement was initialled on 18 October 2002.(3) It is appropriate to apply the Agreement on a provisional basis as from 1 January 2003 pending the completion of the relevant procedures for its formal conclusion, subject to reciprocity.(4) Subject to its possible conclusion at a later date, the Agreement should be signed on behalf of the Community,HAS DECIDED AS FOLLOWS:Article 1The signing of the Agreement between the European Community and the Kingdom of Cambodia on trade in textile products is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Agreement.The text of the Agreement is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement on behalf of the Community subject to its conclusion.Article 3Subject to reciprocity, the Agreement shall be applied on a provisional basis as from 1 January 2003 pending the completion of the procedures for its conclusion.Done at Brussels, 16 December 2002.For the CouncilThe PresidentM. Fischer Boel


title: 2005/622/EC: Commission Decision of 5 August 2005 accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of grain oriented flat-rolled products of silicon-electrical steel originating in the United States of America and Russia

text:
               27.8.2005

               EN

               Official Journal of the European Union

               L 223/42

      COMMISSION DECISION

   of 5 August 2005
   accepting undertakings offered in connection with the anti-dumping proceeding concerning imports of grain oriented flat-rolled products of silicon-electrical steel originating in the United States of America and Russia
   (2005/622/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Articles 8 and 9 thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

               (1)

               On 28 May 2004, the Commission announced by a notice (notice of initiation), published in the Official Journal of the European Union
                   (2), the initiation of an anti-dumping proceeding concerning imports into the Community of grain oriented flat-rolled products of silicon-electrical steel originating in the United States of America (USA) and Russia, and the initiation of an interim review of the anti-dumping duty on imports of certain grain oriented electrical sheets with a width of more than 500 mm originating in Russia.

               (2)

               Given the need to further examine certain aspects of the investigation and also because of the interrelation with the abovementioned interim review, it was decided to continue the investigation without the imposition of provisional measures.

               (3)

               The Commission therefore subsequently continued the investigation of dumping, injury and Community interest, and the definitive findings and conclusions of this investigation are set out in Council Regulation (EC) No 1371/2005 (3) imposing definitive anti-dumping duties on imports of grain oriented flat-rolled products of silicon-electrical steel originating in the United States of America and Russia (the definitive Regulation).

               (4)

               The investigation confirmed the provisional findings of injurious dumping relating to imports of the product concerned originating in Russia and the USA.

         B.   UNDERTAKING

               (5)

               Subsequent to the disclosure of the definitive findings, one cooperating exporting producer in Russia (Novolipetsk Iron & Steel Corporation) and one in the USA (AK Steel Corporation) offered a price undertaking in accordance with Article 8(1) of the basic Regulation. In this undertaking, the exporting producers in question has offered to sell the product concerned at or above price levels that eliminate the injurious effect of dumping.

               (6)

               The companies will also provide the Commission with regular and detailed information concerning its exports to the Community, meaning that the undertaking can be monitored effectively by the Commission. Furthermore, the sales structure of the companies is such that the Commission considers that the risk of circumvention of the undertaking is limited.

               (7)

               In view of this, it is considered that the undertaking is acceptable.

               (8)

               In order to enable the Commission to monitor effectively the company's compliance with the undertaking, when the request for release for free circulation pursuant to the undertaking is presented to the relevant customs authority, exemption from the duty will be conditional on presentation of a commercial invoice containing at least the items of information listed in the Annex to Regulation (EC) No 1371/2005. This level of information is also necessary to enable customs authorities to ascertain with sufficient precision that the shipment corresponds to the commercial documents. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate amount of anti-dumping duty will instead be payable.

               (9)

               In the event of a breach or withdrawal of the undertaking, or a suspected breach, an anti-dumping duty may be imposed pursuant to Article 8(9) and (10) of the basic Regulation,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The undertaking offered by the producers mentioned in the accompanying table, in connection with the present anti-dumping proceeding concerning imports of grain oriented flat-rolled products of silicon-electrical steel originating in the United States of America and Russia is hereby accepted.

               Country

               Company

               TARIC additional code

               Russia

               Produced and sold by Novolipetsk Iron & Steel Corporation (NLMK), 2, Metallurgov Square, Lipetsk,
               or,
               Produced by Novolipetsk Iron & Steel Corporation (NLMK), 2, Metallurgov Square, Lipetsk, and sold by Stinol AG, Lugano, Switzerland, to the first independent customer in the Community acting as an importer

               A674

               USA

               Produced by AK Steel Corporation, 703, Curtis Street, Middletown, Ohio,
               or,
               Produced by AK Steel Corporation, 703, Curtis Street, Middletown, Ohio, and sold by AK Steel BV, Oosterhout, The Netherlands, to the first independent customer in the Community acting as an importer.

               A673

         Article 2
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 5 August 2005.

            For the Commission

         Peter MANDELSON

            Member of the Commission

      (1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 461/2004 (OJ L 77, 13.3.2004, p. 12).

      (2)  OJ C 144, 28.5.2004, p. 2.

      (3)  See page 1 of this Official Journal.


title: 2014/788/EU: Council Decision of 7 November 2014 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Copernicus programme)

text:
               13.11.2014

               EN

               Official Journal of the European Union

               L 328/56

         COUNCIL DECISION
   of 7 November 2014
   on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms (Copernicus programme)

      (2014/788/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 189(2) in conjunction with Article 218(9) thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.

               (2)

               Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol 31 to the EEA Agreement.

               (3)

               Protocol 31 to the EEA Agreement contains provisions and arrangements concerning cooperation in specific fields outside the four freedoms.

               (4)

               It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to include Regulation (EU) No 377/2014 (3).

               (5)

               It is appropriate that the participation of EFTA States in the activities resulting from Regulation (EU) No 377/2014 commence from 1 January 2014 even if the EEA Joint Committee Decision attached to this Decision is adopted, or if the fulfilment of constitutional requirements for this EEA Joint Committee Decision, if any, is notified after 10 July 2014.

               (6)

               Entities established in the EFTA States should be entitled to participate in activities which start before the entry into force of the EEA Joint Committee Decision attached to this Decision. The costs incurred for such activities, the implementation of which starts after 1 January 2014, may be considered eligible under the same conditions as those applicable to costs incurred by entities established in the Union Member States provided that the EEA Joint Committee Decision enters into force before the end of the action concerned.

               (7)

               Protocol 31 to the EEA Agreement should therefore be amended accordingly.

               (8)

               The position of the Union within the EEA Joint Committee should therefore be based on the attached draft Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted, on behalf of the European Union, within the EEA Joint Committee on the proposed amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms, shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 7 November 2014.

            For the Council

            The President

         P. C. PADOAN

      (1)  OJ L 305, 30.11.1994, p. 6.

      (2)  OJ L 1, 3.1.1994, p. 3.

      (3)  Regulation (EU) No 377/2014 of the European Parliament and of the Council of 3 April 2014 establishing the Copernicus Programme and repealing Regulation (EU) No 911/2010 (OJ L 122, 24.4.2014, p. 44).

      DRAFT
      DECISION OF THE EEA JOINT COMMITTEE No …/2014
      of
      amending Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Articles 86 and 98 thereof,
      Whereas:

                  (1)

                  It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to include Regulation (EU) No 377/2014 of the European Parliament and of the Council of 3 April 2014 establishing the Copernicus Programme and repealing Regulation (EU) No 911/2010 (1).

                  (2)

                  It is appropriate that the participation of EFTA States in the activities resulting from Regulation (EU) No 377/2014 commence from 1 January 2014 even if this Decision is adopted, or if the fulfilment of constitutional requirements for this Decision, if any, is notified after 10 July 2014.

                  (3)

                  Entities established in the EFTA States should be entitled to participate in activities which start before the entry into force of this Decision. The costs incurred for such activities, the implementation of which starts after 1 January 2014, may be considered eligible under the same conditions as those applicable to costs incurred by entities established in the EU Member States provided that this Decision enters into force before the end of the action concerned.

                  (4)

                  Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2014,

            HAS ADOPTED THIS DECISION:
      Article 1
      The following paragraph is inserted after paragraph 8c of Article 1 of Protocol 31 to the EEA Agreement:

                     ‘8d.

                                 (a)

                                 The EFTA States shall, as from 1 January 2014, participate in the activities which may result from the following Union act:

                                             —

                                                32014 R 0377: Regulation (EU) No 377/2014 of the European Parliament and of the Council of 3 April 2014 establishing the Copernicus Programme and repealing Regulation (EU) No 911/2010 (OJ L 122, 24.4.2014, p. 44).

                                 (b)

                                 The EFTA States shall contribute financially to the activities referred to under (a) in accordance with Article 82(1)(a) of, and Protocol 32 to, the Agreement.

                                 (c)

                                 The costs incurred for activities the implementation of which starts after 1 January 2014, may be considered eligible as from the beginning of the action under the grant agreement or the grant decision concerned provided that Decision of the EEA Joint Committee No …/2014 of … enters into force before the end of the action.

                                 (d)

                                 The EFTA States shall participate fully, without the right to vote, in all the Union committees which assist the European Commission in the management, development and implementation of the activities referred to under (a).

                                 (e)

                                 This paragraph shall not apply to Norway and Liechtenstein.’

      Article 2
      This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (2).
      It shall apply from 1 January 2014.
      Article 3
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at Brussels,

               For the EEA Joint Committee

               The President

               The Secretaries

               to the EEA Joint Committee

         (1)  OJ L 122, 24.4.2014, p. 44.

         (2)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]


title: Council Decision 2013/668/CFSP of 18 November 2013 in support of World Health Organisation activities in the area of biosafety and biosecurity in the framework of the European Union Strategy against the proliferation of Weapons of Mass Destruction

text:
               20.11.2013

               EN

               Official Journal of the European Union

               L 310/13

         COUNCIL DECISION 2013/668/CFSP
   of 18 November 2013
   in support of World Health Organisation activities in the area of biosafety and biosecurity in the framework of the European Union Strategy against the proliferation of Weapons of Mass Destruction
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 26(2) and 31(1) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 12 December 2003, the European Council adopted the EU Strategy against Proliferation of Weapons of Mass Destruction (‘the EU Strategy’), Chapter III of which contains a list of measures to combat such proliferation.

               (2)

               The Union is actively implementing the EU Strategy and is giving effect to the measures listed in Chapter III thereof, in particular those related to reinforcement, implementation and universalisation of the Convention on the prohibition of the development, production and stockpiling of bacteriological (biological) and toxin weapons and on their destruction (BTWC).

               (3)

               At the Sixth (2006) and Seventh (2011) Review Conferences of the BTWC the Union promoted full compliance with the provisions of the BTWC by all States Parties and the strengthening, where necessary, of national implementation measures, including penal legislation, and the control over pathogenic micro-organisms and toxins in the framework of the BTWC.

               (4)

               On 14 April 2008, the Council adopted Joint Action 2008/307/CFSP (1). That Joint Action was successfully implemented by the World Health Organisation (‘WHO’) until 31 December 2011.

               (5)

               On 11 December 2008, the Council adopted the ‘New lines of Action’ to strengthen the EU Strategy. Chapter IV of the EU Strategy sets out the Union’s support for a coordinated and complementary approach to biosafety and biosecurity problems guaranteeing optimal management, in particular of biological risks and threats.

               (6)

               On 18 July 2011, the Council adopted Decision 2011/429/CFSP (2) setting out the Union’s support for the development of national regulatory frameworks, in particular on biosafety and biosecurity.

               (7)

               The Seventh Review Conference reaffirmed the commitment of States Parties to take the necessary national measures under Articles I, III and IV of the BTWC in order to ensure the safety and security of microbial or other biological agents or toxins in laboratories and other facilities, and during their transportation, as well as to prevent unauthorised access to such agents and toxins and their unauthorised removal. The Conference also urged States Parties with relevant experience in legal and administrative measures for the implementation of the provisions of the BTWC to provide assistance on the request of other States Parties. The Conference encouraged such assistance on a regional basis.

               (8)

               The Seventh Review Conference also noted, in the context of Article VII of the BTWC, that the States Parties’ national preparedness contributes to international capabilities for responding to, investigating and mitigating outbreaks of disease, including those due to the alleged use of biological or toxin weapons.

               (9)

               The Seventh Review Conference encouraged the States Parties, in the context of Article X of the BTWC, to continue strengthening existing international organisations and networks, in particular those of the WHO, the Food and Agriculture Organisation (FAO), the World Organisation for Animal Health (OIE) and the International Plant Protection Convention (IPPC).

               (10)

               On 15 June 2007, the International Health Regulation (‘the IHR’) entered into force. It regulates the movement and control of outbreaks of infectious diseases, and the response thereto, regardless of their origin, and requires the WHO Member States to build-up core capabilities in laboratory and surveillance in the field of public health against infectious diseases to allow for the implementation of the IHR. The WHO Secretariat is committed to supporting WHO Member States to implement their IHR national plans through the WHO headquarters and regional offices. The WHO biorisk reduction management programme provides guidance on how laboratories should operate through normative guidelines, workshops and training on biosafety practices, laboratory biosecurity and codes of conduct for responsible life science research. It also has a role in establishing UN guidelines on the transportation of infectious substances. Under the IHR, public health laboratories have a role in being prepared to address biological, chemical, radiological and nuclear threats. The definitions for biosafety and laboratory biosecurity are encompassed in the WHO Laboratory Biosafety Manual, 3rd edition (2004) and the Biorisk Management, Laboratory Biosecurity Guidance (2006).

               (11)

               The WHO is the only implementing agency with the expertise, deep knowledge, personnel, structure and resources to implement the projects and activities foreseen in this Council Decision.

               (12)

               The Commission is entrusted with the supervision of the proper implementation of the Union’s financial contribution,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   For the purpose of giving immediate and practical application to the relevant elements of the EU Strategy, the Union shall contribute to the implementation of decisions made by the States Parties at the Seventh Review Conference of BTWC with the following objectives:

               —

               ensuring the safety and security of microbial or other biological agents or toxins in laboratories and other facilities, including during transportation, as appropriate, in order to prevent unauthorised access to such agents and toxins and their unauthorised removal,

               —

               promoting biorisk reduction practices and awareness, including biosafety, biosecurity, bioethics and preparedness against intentional misuse of biological agents and toxins, through international cooperation in this area.

         2.   The projects corresponding to measures of the EU Strategy, are those that aim at the:

               —

               promotion of laboratory biorisk management through national and regional outreach,

               —

               development of national laboratory biorisk management strategies to counter biological risks (a demonstration model for countries).

         A detailed description of those projects is set out in the Annex.
   Article 2
   1.   The High Representative of the Union for Foreign Affairs and Security Policy (‘the HR’) shall be responsible for the implementation of this Decision.
   2.   The technical implementation of the activities referred to in Article 1 shall be entrusted to the WHO. It shall perform its task under the responsibility of the HR. For this purpose, the HR shall enter into the necessary arrangements with the WHO.
   Article 3
   1.   The financial reference amount for the implementation of the projects referred to in Article 1(2) shall be EUR 1 727 000.
   2.   The expenditure financed by the amount set out in paragraph 1 shall be managed in accordance with the procedures and rules applicable to the general budget of the Union.
   3.   The Commission shall supervise the proper management of the expenditure referred to in paragraph 1. For that purpose, it shall conclude a financing agreement with the WHO. The financing agreement shall stipulate that the WHO is to ensure the visibility of the Union’s contribution, commensurate to its size.
   4.   The Commission shall endeavour to conclude the financing agreement referred to in paragraph 3 as soon as possible after the entry into force of this Decision. It shall inform the Council of any difficulties in that process and of the date of conclusion of the financing agreement.
   Article 4
   The HR shall report to the Council on the implementation of this Decision on the basis of regular reports prepared by the WHO. Those reports shall form the basis for the evaluation carried out by the Council. The Commission shall provide information on the financial aspects of the projects referred to in Article 1(2).
   Article 5
   1.   This Decision shall enter into force on the date of its adoption.
   2.   This Decision shall expire 24 months after the date of the conclusion of the financing agreement referred to in Article 3(3). However, it shall expire 6 months after its adoption if the financing agreement has not been concluded by that time.

      Done at Brussels, 18 November 2013.

            For the Council

            The President

         C. ASHTON

      (1)  Council Joint Action 2008/307/CFSP of 14 April 2008 in support of World Health Organisation activities in the area of laboratory bio-safety and bio-security in the framework of the European Union Strategy against the proliferation of Weapons of Mass Destruction (OJ L 106, 16.4.2008, p. 17).

      (2)  Council Decision 2011/429/CFSP of 18 July 2011 relating to the position of the European Union for the Seventh Review Conference of the States Parties to the Convention on the prohibition of the development, production and stockpiling of bacteriological (biological) and toxin weapons and on their destruction (BTWC) (OJ L 188, 19.7.2011, p. 42).

      ANNEX
      1.   General Framework

      The overall objective of this Decision is to support, through the projects described below, the States Parties’ implementation of the United Nations Security Council Resolution (UNSCR) 1540 and other related Resolutions, the Convention on the prohibition of the development, production and stockpiling of bacteriological (biological) and toxin weapons and on their destruction (BTWC) as well as the International Health Regulations (IHR), and specifically those aspects that relate to the safety and security of biological agents and toxins in laboratories and other facilities, including the period of transit from one place to another, in order to prevent natural, accidental, or deliberate release of biological materials and to better control infections. It is also intended to contribute to raising awareness of biorisk management approaches and encouraging their implementation, ensuring evidence-based and risk-based controls, and promoting exchange of best laboratory practices as well as to help the countries meet the core capacity requirements of laboratory services for priority health threats as defined in IHR.
      2.   Project-based specific objectives

      The last several years have seen a growing association of the term ‘biosafety’ with the term ‘biocontainment’, with a global upsurge of high containment laboratories. Focus on the construction of sophisticatedly engineered facilities has often resulted in undervaluing the many other critical elements of a comprehensive biorisk management programme, including security, personnel and competency, good microbiological technique, accident and incident investigation, and equipment maintenance. In addition, focus on selected facilities at national level may also have resulted in neglecting many other more conventional laboratories that could also benefit from the implementation of a thorough biorisk management system and provision of essential equipment and supplies that underpin safe and secure operation.
      There is a need for awareness and better understanding of the risks encountered in laboratory settings, the need for strategies to address them as well as for legislative and regulatory provisions and for appropriate guidance. The improvement of facilities, the provision of indispensable supplies and the education of staff at all levels are encouraged in order to achieve appropriate and thorough management of laboratory biorisk.
      Building upon efforts initiated by the Joint Action 2008/307/CFSP in support of WHO activities in the area of biosafety and biosecurity, this Decision seeks to address some of the abovementioned shortcomings.
      Focusing on selected individual countries or sub-region(s), the two following projects are proposed:
      2.1.   Project 1: Promotion of laboratory biorisk management through national and regional outreach and replication

      2.1.1.   Purposes of the Project 1

                  (a)

                  To encourage selected individual countries or sub-region(s) to implement laboratory biorisk management (BRM) strategies, addressing biosafety and laboratory biosecurity.

                  (b)

                  To provide opportunities for the countries in a region to meet and share best practices and lessons learnt. Making the most of this occasion, a needs-based training, possibly including hands-on sessions, will be provided to the national representatives.

                  (c)

                  To help the countries disseminate the best practices and have them implemented in their own settings.

            2.1.2.   Expected results of Project 1

                  (a)

                  Awareness raised on the benefits of the implementation of BRM strategies in laboratories at national and sub-national levels through regional training workshops.

                  (b)

                  Capacity and capability of stakeholders strengthened to assess biorisk, to define and adopt mitigation strategies in order to reduce them to acceptable levels, to ensure their continuous improvement and to handle infectious agents responsibly, safely, securely and accountably.

                  (c)

                  A pool of trainers developed to sustain national training programmes and disseminate training opportunities.

            2.1.3.   Description of Project 1

      (a)   Provision of regional training opportunities
      With the intention of reaching a whole range of stakeholders across the region and in order to meet their various training needs, diverse regional workshops will be proposed, not more than twice, with a participation of up to fifty participants per event. Making the most of the opportunities for the relevant experts and policy-makers in the region to get together, the workshops are also expected to provide a regional forum for each Member State to share the achievement, challenges and good practices with the neighbouring countries.
      (b)   Multiplication of training sessions at national and/or sub-national levels
      Furthermore, a local pool of trainers will be developed through the abovementioned workshops, allowing to multiply training sessions at national and/or sub-national level, and thus address a variety of national stakeholders. Support will be provided in particular to those regional countries, which are not benefitting from Project 2, up to seven times in total, possibly with participation of external experts to support awareness raising among relevant stakeholders and strengthen local technical capacity to implement regionally agreed good practices at central, intermediate and peripheral levels. Wherever possible, the involvement of regional and/or national Biosafety Associations will be considered.
      These activities will be carried out in a maximum of seven countries identified as suitable either individually or in combination.
      2.2.   Project 2: Development of national laboratory strategies to counter biological risks and to enhance the core capacities (a demonstration model for countries)

      2.2.1.   Purposes of Project 2

                  (a)

                  To engage and connect relevant policy makers (including public health, foreign affairs, animal health, environment, education and research justice and commerce) and laboratory personnel of all levels in establishing, implementing and improving biorisk management policies and practices as well as encouraging the development of a transparent and accountable culture of biosafety and biosecurity.

                  (b)

                  To assist identified countries to have their key public health laboratories better fitted with equipment and supplies that are indispensable for achieving safe, secure and quality assured diagnostic capabilities. To strengthen the development of specific core capacities under the IHR, with particular focus on laboratories and points of entry.

                  (c)

                  To raise Nation-wide awareness of internationally agreed normative documents of relevance, namely the European Committee for Standardization (CEN) Workshop Agreement, ISO 15793:2011 Laboratory biorisk management, ISO 15189:2007 Medical laboratories — Particular requirements for quality and competence, ISO 15190:2003 Medical laboratories — Requirements for safety, ISO/IEC 17025:2005 General requirements for the competence of testing and calibration laboratories, ISO 9001:2008 Quality management systems — Requirements, as well as ISO 14001:2004 Environmental management systems — Requirements with guidance for use, involving national health policy makers as well as laboratory managers and staff who are encouraged to commit to a transparent and accountable culture of biosafety, biosecurity and laboratory quality systems.

                  (d)

                  To strengthen cross-sectoral collaboration and networking trying to engage a variety of national stakeholders and authorities, including the Ministries of Health, Education, Science and Research, Agriculture, Transport, Interior and Foreign Affairs, and customs authorities.

                  (e)

                  To provide and help develop tools and appropriate guidance to promote the management of laboratory biorisk systems.

            2.2.2.   Expected results of Project 2

                  (a)

                  A variety of training opportunities developed and provided as per the identified priority and needs of each national stakeholder.

                  (b)

                  Biorisk management capacity and capability strengthened to minimise biological risks.

                  (c)

                  Raising of awareness of national stakeholders and authorities concerned and their engagement in proactive dialogue on the issues related to the safety and security of hazardous biological agents and toxins in laboratories and other facilities. Among national stakeholders, improved understanding and trust to enable a cross-sectoral and cohesive approach to biorisk management.

                  (d)

                  Standardisation promoted and relevant tools and guidelines developed, allowing to put appropriate mitigation measures in place and continuously improve their performance.

                  (e)

                  Support provided to strengthen specific core capacities in compliance with IHR.

                  (f)

                  National policies and strategies reviewed, discussed and developed.

                  (g)

                  Structural refinement and organisational reform considered and undertaken in an attempt to translate the adopted strategy into action in a sustainable manner.

                  (h)

                  Physical containment of biological hazards enhanced with the provision of necessary equipment and upgrading of the identified key facility.

                  (i)

                  Good practices shared with national peers at various tiers and laboratory networking through the organisation of meetings and outreach activities.

                  (j)

                  Necessary tools developed to assist with effective implementation of the project.

            2.2.3.   Description of Project 2

      For the purposes described under point 2.2.1, the project will be implemented over a period of two years, based on a long-term commitment by the beneficiary countries, the Union and WHO. The project will be implemented in the following two phases:
      (a)   Preparatory phase
      Joint Action 2008/307/CFSP allowed the WHO to assess the biorisk management needs of certain countries, including Indonesia, and to identify a national commitment towards the establishment of a clear political and technical engagement to embark on a joint project aiming at strengthening the management of laboratory biorisk at national level. Further discussions with the Union and the government(s) concerned will allow to identify up to two countries possibly coupled with a small group of neighbouring countries that could benefit from Project 2, taking into consideration Regional technical needs and fast-growing biological diagnostic and research capacities of individual countries and in particular national commitment in harmony with other endeavours of the Union and the WHO. Consideration will be given to the possibility of offering an appropriate training opportunity overseas for the identified nationals so as to nurture core biosafety officer of the countries concerned according to the internationally agreed competence aiming at leading the programme in a better sustainable manner.
      As a result of this preparatory process, a memorandum of understanding will be signed by the Union, the WHO and the selected countries.
      (b)   Implementation phase
      In this phase, the selected countries will formulate a national master plan and a strategic action plan describing activities to be implemented in order to achieve the long-term goal of safe, secure and reliable laboratory practices. Those plans will include the completion of a coordination plan to inform all stakeholders of the status of national preparedness against biological incidents and the initiation of the harmonisation of public health responsibilities in the national preparedness plan for biological threats and/or incidents as well as public health emergencies of international concern (PHEIC) as defined in the IHR. The planning should be underpinned by genuine national leadership and ownership of the initiative.
      Activities will then be implemented and equipment and supplies procured as planned and agreed by all relevant parties. Necessary technical and financial assistance will be provided through this Decision to connect national stakeholders among themselves and with international organisations and other interested parties, so as to sustain their activities and help them become responsible and active global partners in regional professional societies and international networks.
      WHO along with the selected countries will prepare progress reports, updating and evaluating the implementation of the national biorisk management enhancement plan as well as national laboratory performance from the biosafety, biosecurity and IHR perspective, and will forward those reports to the Union accordingly.
      At the end of the implementation phase, a sub- or Regional workshop will be held for dissemination of the achievement and experience with neighbouring countries.
      3.   Duration

      The total estimated duration of the implementation of this Decision is 24 months.
      4.   Beneficiaries

      The beneficiaries of Project 1 are countries and sub-regions identified in consultation with the Union, in need for improved biorisk management awareness, strategies and practices, possibly including the BTWC signatory States Parties.
      The beneficiaries of Project 2 are countries intending to thoroughly strengthen their national capacities and capabilities through this Decision, selected in consultation with the Union and the relevant national authorities for their commitment to improve the management of laboratory biorisk.
      5.   Implementing entity

      The projects will be managed and implemented by the WHO in regular consultation with the Union, and with the support, as necessary and appropriate, of external subject-matter experts.
      6.   Implementing agency: rational for the choice

      The WHO is the international organisation that provides frameworks, expertise and tools to inform, guide, and support its Member States in protecting the health of people in and around laboratory environments through appropriate biorisk management, standards, rules and procedures. This project fits under the overarching IHR legally-binding agreement that significantly contributes to global public health security. The WHO supports its States Parties by providing a framework for the coordination of the management of events that may constitute a public health emergency of international concern, and will improve the capacity of all countries to detect, assess, notify and respond to public health threats. The WHO has already been in talks with the potential beneficiary countries to seek their agreement. The activities proposed are identified after iterative dialogue with them through WHO’s formal channels based on the actual needs and priority in alignment with each national strategy. The Union seeks to continue a fruitful cooperation with the WHO.
      7.   Co-financing

      The WHO is not a donor or aid agency but a technical agency and thus a co-financing process with external entities would be extremely complex to deal with particularly in the area of health security where stakeholders have various priorities and regional targets. The WHO will deliver technical expertise and project management but is not in a position to provide funds to joint activities in this context. However, the other concomitant projects conducted by the WHO in the laboratory area will be seen as synergistic, inter-linked and complementing each other.
      Although there is no co-financing of the project in the form of funds, the WHO will cover partially or entirely the salaries of staff involved in project implementation, which is considered the contribution-in-kind. Salaries of the Project Officer, Administrative Assistant and of the National Consultant in Bangladesh will be partially covered by the WHO. The salaries of the Financial Officer, Coordinator, Regional advisor and of the Medical officers in Indonesia, Myanmar and Nepal will be covered entirely by the WHO.
      8.   Visibility

      The WHO shall take all appropriate measures to publicise the fact that both projects have been entirely funded by the Union. Such measures will be carried out in accordance with the Communication and Visibility Manual for European Union External Actions laid down and published by the Commission, and any other guidelines agreed between the Commission and the WHO.
      Particular attention will be paid to branding and publicity highlighting the role of the Union as sole financial supporter of both projects.


title: 2012/273/EU: Council Decision of 14 May 2012 on the signing, on behalf of the Union, of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part

text:
               24.5.2012

               EN

               Official Journal of the European Union

               L 134/4

         COUNCIL DECISION
   of 14 May 2012
   on the signing, on behalf of the Union, of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part
   (2012/273/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(3) and Articles 207 and 209, in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 27 July 2009, the Council authorised the Commission to negotiate a Framework Agreement on Partnership and Cooperation with Mongolia (‘the Agreement’).

               (2)

               The provisions of the Agreement that fall within the scope of Part Three, Title V of the Treaty on the Functioning of the European Union bind the United Kingdom and Ireland as separate Contracting Parties, and not as part of the European Union, unless the European Union together with the United Kingdom and/or Ireland have jointly notified Mongolia that the United Kingdom or Ireland is bound as part of the European Union in accordance with the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of freedom, security and justice annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union. If the United Kingdom and/or Ireland cease(s) to be bound as part of the European Union in accordance with Article 4a of the Protocol (No 21), the European Union together with the United Kingdom and/or Ireland are to immediately inform Mongolia of any change in their position in which case they are to remain bound by the provisions of the Agreement in their own right. The same applies to Denmark in accordance with the Protocol (No 22) on the position of Denmark annexed to those Treaties.

               (3)

               Where the United Kingdom and/or Ireland has/have not provided the notification required under Article 3 of the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of Freedom, Security and Justice, they do not take part in the adoption by the Council of this Decision to the extent that it covers provisions pursuant to Part Three, Title V of the Treaty on the Functioning of the European Union. The same applies to Denmark in accordance with the Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union.

               (4)

               The Agreement should be signed subject to its conclusion at a later date,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Framework Agreement on Partnership and Cooperation between the European Union and its Member States, of the one part, and Mongolia, of the other part, is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement (1).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   This Decision shall enter into force on the day following its adoption.

      Done at Brussels, 14 May 2012.

            For the Council

            The President

         C. ASHTON

      (1)  The text of the Agreement will be published together with the decision on its conclusion.


Avis juridique important

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32000D0269

2000/269/EC, Euratom: Council Decision of 30 March 2000 appointing a German member of the Economic and Social Committee

Official Journal L 085 , 06/04/2000 P. 0025 - 0025

Council Decisionof 30 March 2000appointing a German member of the Economic and Social Committee(2000/269/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 258 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 166 thereof,Having regard to the Council Decision of 15 September 1998 appointing the members of the Economic and Social Committee for the period from 21 September 1998 to 20 September 2002(1),Whereas a member's seat on that Committee has fallen vacant following the resignation of Mr Klaus Schmitz, of which the Council was informed on 21 December 1999;Having regard to the nominations submitted by the German Government,Having obtained the opinion of the Commission of the European Communities,HAS DECIDED AS FOLLOWS:Sole ArticleMr Heinz Putzhammer is hereby appointed a member of the Economic and Social Committee in place of Mr Klaus Schmitz for the remainder of his term of office, which runs until 20 September 2002.Done at Brussels, 30 March 2000.For the CouncilThe PresidentJ. Sócrates(1) OJ L 257, 19.9.1998, p. 37.