title: Commission Decision (EU) 2016/835 of 25 May 2016 on the renewal of the mandate of the European Group on Ethics in Science and New Technologies

text:
                  27.5.2016

                  EN

                  Official Journal of the European Union

                  L 140/21

            COMMISSION DECISION (EU) 2016/835
      of 25 May 2016
      on the renewal of the mandate of the European Group on Ethics in Science and New Technologies
      THE EUROPEAN COMMISSION,
      Having regard to the Treaty on European Union and the Treaty on the Functioning of the European Union,
      Whereas:

                  (1)

                  Article 2 of the Treaty on European Union enshrines the values on which the Union is founded and Article 6 accords the Charter of Fundamental Rights the same legal value as the Treaties and establishes that fundamental rights shall constitute general principles of Union law.

                  (2)

                  On 20 November 1991, the European Commission decided to incorporate ethics into the decision-making process for Community research and technological development policies by setting up the Group of Advisers on the Ethical Implications of Biotechnology (‘GAEIB’).

                  (3)

                  The Commission decided on 16 December 1997 to replace the GAEIB by the European Group on Ethics in Science and New Technologies (‘EGE’) extending the Group's mandate to cover all areas of the application of science and technology. The EGE's mandate was subsequently renewed, most recently by the Commission Decision 2010/1/EU (1). It is now appropriate to renew the mandate for a period of 5 years and subsequently to appoint the new members.

                  (4)

                  The EGE is tasked with providing ethical guidance to the European Commission either at the request of the Commission or on its own initiative and upon agreement with the Commission. The Commission may draw the EGE's attention to issues considered by the European Parliament and the Council to be of major ethical importance.

                  (5)

                  Rules on disclosure of information by members of the group should be laid down.

                  (6)

                  Personal data should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (2).

                  (7)

                  Decision 2010/1/EU should be repealed,

            HAS ADOPTED THIS DECISION:
      Article 1
      Mandate
      The mandate of the European Group on Ethics in Science and New Technologies, hereafter referred to as ‘EGE’, is renewed for a period of 5 years.
      Article 2
      Task
      The task of the EGE shall be to advise the Commission on ethical questions relating to sciences and new technologies and the wider societal implications of advances in these fields, either at the request of the Commission or on request by its chair with the agreement of the Commission services. The Group therefore shall:

                  (a)

                  identify, define and examine ethical questions raised by developments in science and technologies;

                  (b)

                  provide guidance in the form of analyses and recommendations that shall be oriented towards the promotion of ethical EU policymaking, with due regard to the Charter of Fundamental Rights of the European Union.

            Article 3
      Consultation
      The Commission may consult the group on any matter in the remit referred to in Article 2. In that context, the Commission may draw the Group's attention to issues considered by the Parliament and the Council to be of major ethical importance.
      Article 4
      Membership — Appointment
      1.   The EGE shall have up to 15 members. Members shall have competence in the remit referred to in Article 2.
      2.   Members shall serve in a personal capacity. They shall advise the Commission in the public interest and independently from any outside influence. Members shall inform the Commission in due time of any conflict of interest which might undermine their independence.
      3.   Members shall be appointed by the President of the Commission on the basis of a proposal from the Commissioner in charge of Research, Science and Innovation, following the submission of their candidacy to a call for expression of interest for membership of the EGE and a selection process overseen by an Identification Committee, based on the criteria set out in paragraphs 4 and 6 of this Article.
      4.   When proposing the composition of the EGE, the Identification Committee shall aim at ensuring, as far as possible, a high level of expertise and pluralism, a geographical balance, as well as a balanced representation of relevant know-how and areas of interest, taking into account the specific tasks of the EGE, the type of expertise required and the response to the call for expression of interest. The EGE shall be independent, pluralist and multidisciplinary.
      5.   Each member of the EGE shall be appointed for a term of 2

       years. At the end of a term, his or her appointment may be renewed. Membership of the EGE shall be limited to a maximum of three terms.
      6.   The following factors and criteria will be taken into account for the selection of candidates for membership of the Group:

                  (a)

                  The composition of the group shall ensure that independent advice of the highest quality can be provided, combining wisdom and foresight. The credibility of the group shall be built on the balance of qualities amongst the women and men who make it up, and they shall collectively reflect the breadth of perspectives across Europe. Gender balance shall be strictly taken into account, and due consideration accorded to age balance and geographical distribution.

                  (b)

                  The Members of the group shall be internationally recognised experts, with a track record of excellence and experience at the European and global level.

                  (c)

                  The Members shall reflect the broad cross-disciplinary scope of the group's mandate, embracing philosophy and ethics; natural and social sciences; and the law. However, they shall not perceive themselves as representatives of a particular discipline, worldview, or line of research; they shall have a broad vision which collectively reflects an understanding of important ongoing and emerging developments, including inter-, trans-, and multi-disciplinary perspectives, and the need for ethical advice at the European level.

                  (d)

                  Beyond their proven reputation, the membership shall collectively bring experience in providing ethical advice to policymakers, acquired across a broad range of Member States, and at European and international levels.

                  (e)

                  The group shall include members with experience in bodies such as advisory councils and committees, government advisors, national ethics councils, universities and research institutes. It may be valuable to the group to include members who have gained experience in more than one country and members from outside the European Union.

            7.   The selection of the EGE members will be made on the basis of an open call for expression of interest, specifying the modalities for submitting a complete application. The Commission shall publish the call on the Europa website. A link from the Register of Commission expert groups and other similar entities (‘the register of expert groups’) to the Europa website will also be ensured.
      8.   Nominations may be submitted, provided the nominee follows the modalities for submitting a complete application.
      9.   The list of EGE members shall be published by the Commission in the Register of expert groups.
      10.   Suitable candidates who are not appointed pursuant to paragraph 2 of this Article, shall be placed on a reserve list. The President of the Commission may appoint members from the reserve list.
      11.   Where a member is no longer capable of contributing effectively to the work of the EGE, or resigns or does not comply with the conditions set out in Article 339 of the Treaty on the Functioning of the European Union, the President of the Commission may appoint a replacement member from the reserve list, for the remaining duration of the original member's term of office.
      Article 5
      Operation
      1.   The Directorate-General for Research and Innovation, acting in close cooperation with the EGE's chairperson, shall be responsible for coordinating and organising the work of the EGE and for providing its Secretariat.
      2.   The EGE shall elect a chairperson and a deputy-chairperson from among its members for the duration of their term by a simple majority.
      3.   Members of the EGE, as well as invited experts, shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission's rules on security regarding the protection of EU classified information, laid down in Commission Decisions (EU, Euratom) 2015/443 (3) and (EU, Euratom) 2015/444 (4). Should they fail to respect these obligations, the Commission may take all appropriate measures.
      4.   The EGE Work Programme, including such ethical analyses suggested on the own initiative of the EGE, shall be agreed by the Commission. Each request for an ethical analysis shall include the parameters of the requested analysis. The Commission shall, when seeking the advice of the EGE, set a time limit within which such advice shall be given.
      5.   EGE Opinions shall include a set of recommendations. They shall be based on an overview of the state of the art of the sciences and technologies concerned and a thorough analysis of the ethical issues at stake. Relevant services of the Commission shall be informed of the recommendations produced by the EGE.
      6.   The EGE shall operate in a collegial way, seeking consensus among its members. The EGE shall adopt its Rules of Procedure on the basis of the standard Rules of Procedure for expert groups with the agreement of the Commission's representative. The working procedures shall seek to ensure that all members take an active role in the activities of the group.
      7.   The meetings of the EGE shall normally be held on Commission premises according to the modalities and the calendar fixed by the Commission. The EGE should meet at least six times during a 12-month period involving around 12 working days a year. Further meetings may be organised when necessary, in agreement with the Commission's representative.
      For the purpose of the preparation of EGE analyses and within the limits of the available resources, the Commission's representative may:

                  —

                  Invite experts and representatives of relevant NGOs or representative organisations when appropriate for an exchange of views on an ad hoc basis. The Commission may also enlist external experts to participate in the work of the EGE on an ad hoc and temporary basis should it be deemed necessary to cover the wide spectrum of ethical questions related to advances in science and new technologies.

                  —

                  Initiate studies in order to collect all necessary scientific and technical information.

                  —

                  Allow for working groups to be set up to consider specific issues.

                  —

                  Establish close links with representatives of the various ethics bodies in the Member States and in third countries.

            Moreover, the Commission shall organise a public round table in order to promote dialogue and improve transparency for each Opinion that the EGE produces. The EGE shall establish close links with Commission departments concerned by issues the Group is working on.
      8.   The Group shall endeavour to reach consensus. However, where an Opinion is not adopted unanimously, it shall include any dissenting point of view (as a ‘minority opinion’) together with the name(s) of the dissenting Member(s). The Opinion shall be transmitted to the President of the Commission or to a representative designated by the President. Each Opinion shall be forthwith published and transmitted to the European Parliament and to the Council of the European Union after its adoption.
      9.   If operational circumstances require that advice on a particular subject be given more quickly than the adoption of an Opinion would allow, short Statements or other forms of analyses can be produced, to be followed if necessary by a fuller analysis in the form of an Opinion, while ensuring that transparency is respected as for any other Opinion. Statements will be published and made available on the EGE website. As part of its Work Programme, in agreement with the Commission's representative, the EGE may update an Opinion if it deems it necessary.
      10.   The EGE's discussions shall be confidential. In agreement with the Commission's representative, the EGE may, by a simple majority of its members, decide to open its deliberations to the public.
      11.   All relevant documents related to the activities of the EGE (such as agendas, minutes, Opinions and participants' submissions) shall be made available either in the Register of expert groups or via a link from the Register to a dedicated website. Exceptions to publication are possible where disclosure of a document is deemed to undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (5).
      12.   A report on the activities of the EGE shall be produced under the responsibility of the chairperson before the end of its mandate. The report shall be published and transmitted according to the modalities set out in paragraph 11.
      Article 6
      Meeting expenses
      1.   Participants in the activities of the EGE shall not be remunerated for the services they render.
      2.   Travel and subsistence expenses for the meetings of the EGE shall be reimbursed by the Commission in accordance with the provisions in force.
      3.   Those expenses shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.
      Article 7
      Final provisions
      The present decision will be published in the Official Journal of the European Union and shall enter into force on the day following that of its publication in the Official Journal of the European Union. Decision 2010/1/EU is hereby repealed.

         Done at Brussels, 25 May 2016.

               For the Commission

               The President

            Jean-Claude JUNCKER

         (1)  Commission Decision 2010/1/EU of 23 December 2009 on the renewal of the mandate of the European Group on Ethics in Science and New Technologies (OJ L 1, 5.1.2010, p. 8).

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

         (3)  Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41).

         (4)  Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

         (5)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).


Avis juridique important

|

31980D0251

80/251/EEC: Council Decision of 18 February 1980 amending Decision 76/198/EEC on import arrangements for rum, arrack and tafia, falling within subheading 22.09 C I of the Common Customs Tariff and originating in the overseas countries and territories associated with the European Economic Community

Official Journal L 055 , 28/02/1980 P. 0028 - 0028

++++COUNCIL DECISION  OF 18 FEBRUARY 1980  AMENDING DECISION 76/198/EEC ON IMPORT ARRANGEMENTS FOR RUM , ARRACK AND TAFIA , FALLING WITHIN SUBHEADING 22.09 C I OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN THE OVERSEAS COUNTRIES AND TERRITORIES ASSOCIATED WITH THE EUROPEAN ECONOMIC COMMUNITY   ( 80/251/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 136 THEREOF ,  HAVING REGARD TO THE RECOMMENDATION FROM THE COMMISSION ,  WHEREAS IT IS NECESSARY TO MAINTAIN IN FORCE AFTER 1 MARCH 1980 THE PROVISIONS APPLICABLE WITHIN THE FRAMEWORK OF COUNCIL DECISION 76/198/EEC OF 9 FEBRUARY 1976 ON IMPORT ARRANGEMENTS FOR RUM , ARRACK AND TAFIA , FALLING WITHIN SUBHEADING 22.09 C I OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN THE OVERSEAS COUNTRIES AND TERRITORIES ASSOCIATED WITH THE EUROPEAN ECONOMIC COMMUNITY ( 1 ) :  WHEREAS , HOWEVER , THESE PROVISIONS SHOULD BE AMENDED TO TAKE ACCOUNT OF THE AMENDMENTS , EFFECTIVE FROM 1 MARCH 1980 , TO THE ARRANGEMENTS FOR IMPORTS INTO THE COMMUNITY OF THESE SAME PRODUCTS ORIGINATING IN THE ACP STATES ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  DECISION 76/198/EEC SHALL BE AMENDED AS FOLLOWS :  1 . IN ARTICLE 1 ( 1 ) , THE WORDS " AND AT ALL EVENTS NO LATER THAN 1 MARCH 1980 , " SHALL BE DELETED .  2 . IN ARTICLE 3 ( 2 ) , THE GROWTH RATE FIGURE " 13 % " SHALL BE REPLACED BY " 18 % " .  3 . ARTICLE 8 SHALL BE REPLACED BY THE FOLLOWING :   " ARTICLE 8  THIS DECISION SHALL APPLY UNTIL 31 DECEMBER 1980 . "  ARTICLE 2  THIS DECISION SHALL ENTER INTO FORCE ON 1 MARCH 1980 .  ARTICLE 3  THIS DECISION SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  DONE AT BRUSSELS , 18 FEBRUARY 1980 .  FOR THE COUNCIL  THE PRESIDENT  G . MARCORA  ( 1 ) OJ NO L 37 , 12 . 2 . 1976 , P . 24 .


title: 2010/310/: Council Decision of 3 June 2010 appointing one Polish member of the Committee of the Regions

text:
               8.6.2010

               EN

               Official Journal of the European Union

               L 140/25

         COUNCIL DECISION
   of 3 June 2010
   appointing one Polish member of the Committee of the Regions
   (2010/310/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Polish Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU and 2010/29/EU appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015 (1).

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Jan KOZŁOWSKI, member of the Committee of the Regions,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2015:
   Mr Mieczysław STRUK, Marszałek Województwa Pomorskiego.
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Luxembourg, 3 June 2010.

            For the Council

            The President

         A. PÉREZ RUBALCABA

      (1)  OJ L 348, 29.12.2009, p. 22 and OJ L 12, 19.1.2010, p. 11.


title: 2013/591/EU: Decision of the European Parliament of 17 April 2013 on the closure of the accounts of the European Network and Information Security Agency for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/276

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on the closure of the accounts of the European Network and Information Security Agency for the financial year 2011
   (2013/591/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Network and Information Security Agency for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Network and Information Security Agency for the financial year 2011, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

               —

               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 Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European Network and Information Security Agency (4), and in particular Article 17 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 (5), 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 (A7-0100/2013),

               1.

               Approves the closure of the accounts of the European Network and Information Security Agency for the financial year 2011;

               2.

               Instructs its President to forward this Decision to the Executive Director of the European Network and Information Security Agency, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 135.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 77, 13.3.2004, p. 1.

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


title: 2013/552/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the Eighth, Ninth and Tenth European Development Funds for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/146

      DECISION OF THE EUROPEAN PARLIAMENT

   of 17 April 2013
   on discharge in respect of the implementation of the budget of the Eighth, Ninth and Tenth European Development Funds for the financial year 2011
   (2013/552/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the Commission’s report on the follow-up to the discharge for the 2010 financial year (COM(2012) 585) and to the Commission staff working documents accompanying that report (SWD(2012) 330 and SWD(2012) 340),

               —

               having regard to the financial statements and revenue and expenditure accounts for the Eighth, Ninth and Tenth European Development Funds for the financial year 2011 (COM(2012) 435 – C7-0223/2012),

               —

               having regard to the Commission’s Annual Report of 26 April 2012 on the financial management of the Eight, Ninth and Tenth European Development Funds in 2011,

               —

               having regard to the financial information on the European Development Funds (COM(2012) 386),

               —

               having regard to the Court of Auditors’ Annual Report on the activities funded by the Eighth, Ninth and Tenth European Development Funds concerning the financial year 2011, together with the Commission’s replies (1) and to the Court of Auditors’ special reports,

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the Financial year 2011 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendations of 4 February 2013 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Funds for the financial year 2011 (05190/2012 - C7-0083/2013, 05191/2012 - C7-0084/2013, 05192/2012 - C7-0085/2013),

               —

               having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (3) and revised in Luxembourg on 25 June 2005 (4),

               —

               having regard to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (‘Overseas Association Decision’) (5), amended by Council Decision 2007/249/EC (6),

               —

               having regard to Article 33 of the Internal Agreement of 20 December 1995 between the representatives of the governments of the Member States, meeting within the Council, on the financing and administration of the Community aid under the Second Financial Protocol to the fourth ACP-EC Convention (7),

               —

               having regard to Article 32 of the Internal Agreement of 18 September 2000 between Representatives of the Governments of the Member States, meeting within the Council, on the financing and administration of Community aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000, and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (8),

               —

               having regard to Commission’s Communications of 21 April 2010 on ‘Tax and Development — Cooperating with Developing Countries on Promoting Good Governance in Tax Matters’ and of 13 October 2011 on ‘The Future Approach to EU Budget Support to Third Countries’;

               —

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

               —

               having regard to Article 74 of the Financial Regulation of 16 June 1998 applicable to development finance cooperation under the fourth ACP-EC Convention (9),

               —

               having regard to Article 119 of the Financial Regulation of 27 March 2003 applicable to the 9th European Development Fund (10),

               —

               having regard to Article 142 of Council Regulation (EC) No 215/2008 of 18 February 2008 on the Financial Regulation applicable to the 10th European Development Fund (11),

               —

               having regard to Rules 76 and 77, third indent 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 Development (A7-0062/2013),

               1.

               Grants the Commission discharge in respect of the implementation of the budget of the Eighth, Ninth and Tenth European Development Funds for the financial year 2011;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and accompanying resolution to the Council, the Commission, the Court of Justice of the European Union, the Court of Auditors and the European Investment Bank, 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 344, 12.11.2012, p. 243.

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

      (3)  OJ L 317, 15.12.2000, p. 3.

      (4)  OJ L 287, 28.10.2005, p. 4.

      (5)  OJ L 314, 30.11.2001, p. 1 and OJ L 324, 7.12.2001, p. 1.

      (6)  OJ L 109, 26.4.2007, p. 33.

      (7)  OJ L 156, 29.5.1998, p. 108.

      (8)  OJ L 317, 15.12.2000, p. 355.

      (9)  OJ L 191, 7.7.1998, p. 53.

      (10)  OJ L 83, 1.4.2003, p. 1.

      (11)  OJ L 78, 19.3.2008, p. 1.

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      of 17 April 2013
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget for the Eighth, Ninth and Tenth European Development Funds for the financial year 2011
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the Commission’s report on the follow-up to the discharge for the 2010 financial year (COM(2012) 585) and to the Commission staff working documents accompanying that report (SWD(2012) 330 and SWD(2012) 340),

                  —

                  having regard to the financial statements and revenue and expenditure accounts for the Eighth, Ninth and Tenth European Development Funds for the financial year 2011 (COM(2012) 435 – C7-0223/2012),

                  —

                  having regard to the Commission’s Annual Report of 26 April 2012 on the financial management of the Eight, Ninth and Tenth European Development Funds (EDFs) in 2011,

                  —

                  having regard to the financial information on the European Development Funds (COM(2012) 386),

                  —

                  having regard to the Court of Auditors’ Annual Report on the activities funded by the Eighth, Ninth and Tenth European Development Funds concerning the financial year 2011, together with the Commission’s replies (1) and to the Court of Auditors’ special reports,

                  —

                  having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the Financial year 2011 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council’s recommendations of 4 February 2013 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Funds for the financial year 2011 (05190/2012 - C7-0083/2013, 05191/2012 - C7-0084/2013, 05192/2012 - C7-0085/2013),

                  —

                  having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (3) and revised in Luxembourg on 25 June 2005 (4),

                  —

                  having regard to Council Decision 2001/822/EC of 27 November 2001 on the association of the overseas countries and territories with the European Community (‘Overseas Association Decision’) (5), amended by Council Decision 2007/249/EC (6),

                  —

                  having regard to Article 33 of the Internal Agreement of 20 December 1995, between the representatives of the governments of the Member States, meeting within the Council, on the financing and administration of the Community aid under the Second Financial Protocol to the fourth ACP-EC Convention (7),

                  —

                  having regard to Article 32 of the Internal Agreement of 18 September 2000, between Representatives of the Governments of the Member States, meeting within the Council, on the financing and administration of Community aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000, and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (8),

                  —

                  having regard to its Resolution of 28 September 2006 on more and better cooperation: the 2006 aid effectiveness package (9),

                  —

                  having regard to Commission’s Communications of 21 April 2010 on ‘Tax and Development — Cooperating with Developing Countries on Promoting Good Governance in Tax Matters’ and of 13 October 2011 on ‘The Future Approach to EU Budget Support to Third Countries’,

                  —

                  having regard to its Resolution of 22 May 2008 on the follow-up to the Paris Declaration of 2005 on Aid Effectiveness (10),

                  —

                  having regard to the OECD Development Assistance Committee (DAC) report on aid effectiveness, a progress report on the implementation of the June 2009 Paris Declaration,

                  —

                  having regard to the ‘Tunis Consensus: Targeting Effective Development’ of 4 and 5 November 2010, an African agenda for development effectiveness,

                  —

                  having regard to the outcome document on the OECD high level meeting on Aid Effectiveness in Busan December 2011,

                  —

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

                  —

                  having regard to Article 74 of the Financial Regulation of 16 June 1998 applicable to development finance cooperation under the fourth ACP-EC Convention (11),

                  —

                  having regard to Article 119 of the Financial Regulation of 27 March 2003 applicable to the 9th European Development Fund (12),

                  —

                  having regard to Article 142 of Council Regulation (EC) No 215/2008 of 18 February 2008 on the Financial Regulation applicable to the 10th European Development Fund (13),

                  —

                  having regard to Rules 76 and 77, third indent 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 Development (A7-0062/2013),

                  A.

                  whereas the main goal of the Cotonou agreement as the framework of the Union’s relations with African, Caribbean and Pacific (ACP) countries and overseas countries and territories (OCTs) is to reduce and eventually eradicate poverty, consistent with the objectives of sustainable development and the gradual integration of the ACP countries and OCTs into the world economy and whereas the European Development Fund (EDF) is the Union’s most important financial instrument for development cooperation with the ACP countries,

                  B.

                  whereas the Commission, as the implementing body, is accountable for the discharge of the EDF,

                  C.

                  whereas transparency and accountability are prerequisites for democratic control, as well as an effective development aid,

                  D.

                  whereas the development aid landscape is constantly evolving; whereas development aid is part of a larger context, where trade, remittances and other sources of income today are more important than the Official Development Assistance (ODA) payments for most developing countries,

                  E.

                  whereas illicit financial flows from developing countries seriously undermine their opportunity for growth and the alleviation of poverty,

                  F.

                  whereas development aid is, in many cases, delivered in a context of weak state institutions, high occurrence of corruption and insufficient level of control systems in the recipient state and where the Union’s audit of its development cooperation is of particular importance,

                  G.

                  whereas budget support, while being a useful tool for development, carries a considerable fiduciary risk and should be given only if it provides sufficient transparency and accountability,

                  H.

                  whereas transparency and accountability in taxation have been re-emphasised in the abovementioned Commission’s Communication on ‘Tax and Development — Cooperating with Developing Countries on Promoting Good Governance in Tax Matters’; whereas budget support carries a considerable fiduciary risk, it should be given only if it provides sufficient transparency, accountability and effectiveness,

                  I.

                  whereas fostering transparency and fighting corruption and fraud are key for the success of Union budget support operations as highlighted in the above-mentioned Commission’s Communication on ‘The Future Approach to EU Budget Support to Third Countries’,

                  J.

                  whereas sustainability is crucial for the effectiveness of development aid,

                  K.

                  whereas global commitments, individual commitments and payments reached EUR 3,279 billion, EUR 2,786 billion and EUR 2,941 billion respectively for the financial year 2011 (14),

                  L.

                  whereas Parliament has made repeated calls for the inclusion of the EDF in the general budget,

         Statement of Assurance

         Reliability of the accounts

                  1.

                  Welcomes the Court of Auditors’ opinion that the final annual accounts of the Eighth, Ninth and Tenth EDFs present fairly, in all material respects, the financial position of the EDFs as of 31 December 2011;

                  2.

                  Recalls the Court of Auditors’ opinion that there is still a high frequency of encoding errors, which remain a source of concern as they affect the accuracy of data used for the preparation of the annual accounts, in particular with respect to the annual cut-off exercise at year-end; is concerned that this situation has not yet been remedied by the Commission, despite the Court of Auditors’ repeated criticism and Parliament’s calls for improvements;

         Regularity of transactions

                  3.

                  Notes with satisfaction that according to the Court of Auditors, the revenue and commitments are free from material error;

                  4.

                  Is concerned by the Court of Auditors’ opinion on the legality and regularity of payments underlying the accounts according to which the payments were materially affected by error; is concerned that material error in EDF payments was found for the second year in row and to a significantly higher degree than in 2010 (with an estimated error rate of 5,1 % in 2011, i.e. a significant increase over 2010, when it was 3,4 %);

                  5.

                  Regrets that the most likely error rate continues to be high; regrets, in particular, that both the most likely error rate and the frequency of errors has increased in 2011; recognises that there may be statistical fluctuations from year to year and considers it crucial that the trend does not continue; calls on the Commission to complete the comparative analysis of the errors detected by the Court of Auditors in 2010 and 2011 and to report its findings to Parliament;

                  6.

                  Notes that the above-mentioned error rate only reflects quantifiable errors, whereas errors that may have occurred in connection with the EUR 737 million spent on budget support are not included;

                  7.

                  Notes with concern that of the 29 transactions affected by quantifiable error, 11 were final payments already subject to the Commission’s checks;

                  8.

                  Is concerned that many of those errors had been detected neither by external audits nor by the Commission’s own checks, which points to weaknesses in the Commission’s Directorate-General for Development and Cooperation – EuropeAid’s (EuropeAid) supervisory and control systems; urges the Commission to examine the causes of those errors and to undertake remedial actions to eliminate them;

                  9.

                  Welcomes the annual report from the Court of Auditors; specifically welcomes the fact that it clearly identifies problem areas, such as the increase in the error rate and budget support; notes that the Court of Auditors does not unreservedly share the Commission’s optimism that the management of the budget is steadily improving;

                  10.

                  Calls on the Commission to use a ‘traffic light’ system in its annual EDF report in order to show what has improved or deteriorated from one year to the next;

         Effectiveness of systems

                  11.

                  Is deeply worried by the Court of Auditors’ finding that the supervisory and control systems are only partially effective;

                  12.

                  Welcomes the Court of Auditors’ positive assessment of EuropeAid’s control strategy to prevent or detect and correct errors and of the implementation of the Commission’s internal control standards;

                  13.

                  Notes that delays in contracting important infrastructure programmes and withheld budget support payments caused individual commitments and payments to be respectively 13 % and 16 % below target in 2011; reiterates its particular concern about the low commitment rate of the 10th EDF regional envelope (31 %), only two years before the end of the programming period; encourages the Commission to strive for smooth financial implementation of this envelope and to draw lessons from the present delays for the next programming period;

                  14.

                  Is concerned that human resources policy has continued to be a persistent concern due to the high staff turnover and the reorganisation that took place in mid-2011 and that EuropeAid staff members were being used for tasks other than aid management, over and above the flexibility limits agreed with the European External Action Service (EEAS); expects that that situation will have been improved in 2012 and calls for Parliament to be informed about the situation;

                  15.

                  Notes with regret that the Court of Auditors assessed ex ante checks by authorising officers at EuropeAid’s headquarters and in the delegations as only partially effective; calls on the Commission to continue its efforts to improve its current systems and to report to Parliament on the results by the end of November 2013;

                  16.

                  Notes that the Court of Auditors found most National Authorising Officers (NAOs) in EDF beneficiary countries to perform below the required standards of financial management; urges the Commission to intensify its technical assistance and training efforts to improve the monitoring and supervision capacities of NAOs;

                  17.

                  Welcomes the introduction of the Financial Management Toolkit to improve contractors’ and beneficiaries’ knowledge of the Union’s financial management and eligibility rules; urges the Commission to improve further the management of contract awarding procedures by clarifying the selection criteria and better documenting the evaluation process, and to enhance the quality of grant contract supervision, with a view to reducing the high number of errors found in project payments;

                  18.

                  Calls on the Commission to establish a blacklist of external service providers that do not meet the required standards, including a set of binding criteria, and to inform the discharge authority about its conclusions before the beginning of the next discharge procedure;

                  19.

                  Notes with satisfaction that monitoring and supervision are effective in EuropeAid’s headquarters; welcomes the new version of the six-monthly External Assistance Management Report; regrets, however, that the reliability of the key performance indicators related to financial checks on which it is based is affected by inaccurate data in the Common Relex Information System (CRIS);

                  20.

                  Is concerned about the existing deficiencies in CRIS with regard to information on the results and follow-up of all ex-ante checks in that CRIS-Audit does not provide information on the amounts eventually considered ineligible by EuropeAid, CRIS does not provide complete information on the amounts found ineligible and corrected by the Commission’s own ex-ante checks and the accuracy of CRIS data remains problematic; welcomes the Commission’s engagement to improve CRIS data quality in 2012;

                  21.

                  Is seriously concerned about the Court of Auditors’ finding that monitoring and supervision was only partially effective for delegations; notes that staffing constraints and inadequate human resources, which may have a negative impact on financial checks, have been reported in the last four of the Court of Auditor’s annual reports on the EDFs; is highly concerned about this recurring problem;

                  22.

                  Takes note of the low number of reported cases of whistleblowing, despite the high error rate; calls on the Commission to reconsider its whistleblowing policy, including the implementation of that policy in the delegations; requests that the Commission report to Parliament on its present policies and actions for receiving and protecting both internal and external whistle blowers and any changes thereof;

                  23.

                  Is satisfied with the Court of Auditors’ assessment of the external audit function with regard to EuropeAid’s headquarters as effective; is concerned that the same conclusion cannot be drawn in respect of the delegations in that there are deficiencies in risk-based audits and delays in the audit clearance process, which could lead to ineligible expenditure becoming irrecoverable; calls on the Commission and the EEAS to solve that problem without delay;

                  24.

                  Is worried that the Court of Auditors assessed internal audit as partially effective; recognises that it is the Commission’s reorganisation in 2011 that had a major impact on the activity of Internal Audit Capability; expects that the situation will have improved in 2012;

                  25.

                  Regrets the lack of compatibility between the Court of Auditors’ estimation of the most likely error rate based on the annual approach of the Court of Auditors and current methodology and the Commission’s practice to refer to the net residual error rate covering more than one year; welcomes the Commission’s initiative to launch a study on EuropeAid’s residual error rate and expects it to be finalised within the set timeframe i.e. in the first quarter of 2013; calls on the Commission to present the results of this study to Parliament as soon as they become available;

                  26.

                  Is satisfied that in the Court of Auditors’ opinion, EuropeAid has made significant progress in implementing many of the Court of Auditors’ recommendations; urges the Commission to fully implement the Court of Auditors’ recommendations contained in the Annual Report 2011;

                  27.

                  Takes note of the Commission’s assurance that there are no bank accounts held or managed by the Commission outside the budget in the sense that funds are used for payments of actions which are not authorised by the Budget Authority;

         Illicit capital outflows

                  28.

                  Recognises that one of the biggest challenges developing countries are facing is the massive outflows of illicit capital; recognises that off-shore centres and tax havens facilitate an annual illicit capital flight of USD 1 trillion; observes that these illicit monetary outflows are roughly 10 times the amount of aid money going into developing countries for poverty alleviation and economic development;

                  29.

                  Refers specifically to its Resolution of 8 March 2011 on Tax and Development – Cooperating with Developing Countries on Promoting Good Governance in Tax Matters (15);

                  30.

                  Stresses that in the cross-border flow of illicit money, proceeds from commercial tax evasion, mainly through trade mispricing, represent the biggest component;

                  31.

                  Notes that tax systems can be evaded trough tax havens, secrecy jurisdictions, disguised corporations, anonymous trust accounts, fake foundations, trade mispricing, and money laundering techniques; emphasises that tax evasion and tax fraud urgently need to be tackled at all levels (national, Union and international); calls on the Commission to identify areas for improvement in both Union legislation and administrative cooperation between Member States; asks the Commission to study possibilities to involve the recipient countries in the fight against tax avoidance through an incentives based programme, and to report back to the discharge authority with its findings before the end of the year 2013;

                  32.

                  Welcomes the Commission’s Action Plan to strengthen the fight against tax fraud and tax evasion; believes that a common definition and blacklist of tax havens as well as enhanced corporate transparency, including the introduction of ‘beneficial ownership’ in company registrations, are important steps to curb the illicit capital flows;

                  33.

                  Agrees with the Commission that ‘[t]he increasing integration of international markets and the economic globalisation also affects the effectiveness of national tax systems’ (16) and that ‘[a]ddressing this problem requires joint efforts by both developing and developed countries to implement the principles of good governance in the tax area, thereby also enhancing growth prospects and poverty reduction in developing countries while strengthening tax systems at global level’ (17);

                  34.

                  Stresses that parts of illicit financial flows are done through the mispricing of trade transactions which consists of overpricing imports and underpricing exports on customs documents; emphasises the important role played by the customs authorities in detecting fraudulent transactions as they are the ones who are present at points of entry and exit of goods; points out that the illicit practices are possible in the absence of efficient national customs supervision;

                  35.

                  Notes that the customs authorities in many developing countries are not functioning effectively, principally due to absence of efficient risk management systems; calls on the Commission to pay particular attention to this aspect of development and to concentrate its resources on remedying this situation, especially by including sustainable reforms of customs systems in the public financial management criteria for granting budget support;

                  36.

                  Emphasises the fact that inefficient customs control is not exclusive to developing countries; deplores that control of customs in Member States is not functioning properly (18), thus allowing for fraudulent behaviour; urges the Commission to take all necessary steps in order to remedy the situation by strengthening its cooperation with international networks such as the Economic Crime Agency Network and national customs authorities in order to gather evidence from manufacturers, shipping lines, logistics companies and port authorities all over the world;

         Coordination of development assistance, development priorities, and getting results from Union aid

                  37.

                  Notes that Union aid remains fragmented between Union instruments with regard to levels of action in the Union as well as Member States’ bilateral programmes and the European Investment Bank’s (EIB) interventions; this situation contributes to weaknesses in aid programming in crisis and fragile situations; calls on the Commission to coordinate the different aid instruments across the Union;

                  38.

                  Regrets that only four countries — Sweden, Luxembourg, Denmark and the Netherlands — exceeded Union targets for international development assistance in 2012, despite the fact that all have committed themselves to contribute 0,70 % of their Gross Domestic Product (GDP) in development aid;

                  39.

                  Reiterates that good governance, democracy, respect for human rights and poverty reduction must be integrated goals of the implementing organisations in countries where EDF support is distributed; calls on the Commission to more often use the political dialogue under Article 8 of the Cotonou Agreement when there are violations of human rights, and if necessary suspend aid;

                  40.

                  Points out that the Union needs a wide range of tools for development cooperation adapted to different contexts; emphasises especially the need for effective tools and working methods when dealing with failed states or with deeply undemocratic states;

                  41.

                  Stresses that the specific development policy objectives must be safeguarded under the EEAS; emphasises that other considerations such as trade policy and foreign and security policy considerations should not cut across the Union’s development priorities;

                  42.

                  Notes that the overall impact of the Union’s development policy is determined by the Union’s policies on agriculture, fisheries, energy and trade; stresses the need to ensure policy coherence for development in accordance with Article 208 of the Treaty on the Functioning of the European Union and that that policy should embody and comply with the ‘do no harm’ principle;

                  43.

                  Stresses that more emphasis should be given to the sustainability of aid; is concerned about the persisting weaknesses in terms of efficiency (with 40,3 % of reviewed interventions facing problems), effectiveness (43 %) and sustainability (46 %) of ongoing projects and programmes in Sub Saharan Africa (19) revealed by on-site assessments by independent experts; notes that similar performance concerns affected implementation in the Caribbean, where the overall percentage of projects performing well or very well had decreased from 74,6 % in 2009, to 72,9 % in 2010 and 61,5 % in 2011 (20), as well as the Pacific region, where a significant share of the programs faced implementation difficulties (21);

                  44.

                  Is deeply concerned about the findings of the Court of Auditors contained in Special Reports Nos 1/2012 and 13/2012 of the Court of Auditors on the Effectiveness of European Union Development Aid for Food security in Sub-Saharan Africa and on the European Union Development Assistance for Drinking Water Supply and Basic Sanitation in Sub Saharan Countries respectively, which have demonstrated that the prospects for sustainability are good for half of the interventions but there are fewer guarantees of continued results for the other half; welcomes the Court of Auditors’ recommendations contained in those reports and urges the Commission to take them on board in order to maximise the benefits from Union development expenditure;

                  45.

                  Is of the opinion that education plays a key role in development as it gives prospects for the sustainability of aid efforts and without it, even the best thought through technical policies will fail; recognises the challenges in this area, especially the difficulties in meeting global targets in terms of gender parity for school enrolment;

                  46.

                  Believes that the Commission should be able to demonstrate to the taxpayers what has been achieved with Union development assistance in this field; calls on the Commission to formulate clear objectives which then make it possible to do actual performance audits;

                  47.

                  Welcomes the fact that the Commission’s services are working on a common framework for measuring and communicating the results of development policy, including for inclusive and sustainable growth, as part of the implementation of the ‘Agenda for Change’; calls on the Commission to communicate the outcome of those efforts to Parliament by the end of November 2013;

                  48.

                  Emphasises the value of performance audits conducted in the area of development aid by the Court of Auditors; encourages the Court of Auditors to concentrate more of its resources on audit work which addresses the risks to efficiency, effectiveness and economy;

                  49.

                  Stresses that long term social and economic development requires sustainable sources of income other than aid; considers that sound and well-functioning trade relations in line with WTO principles is a key issue in this regard for developing countries and therefore urges the Council, the Commission and the ACP countries to find solutions to the issues concerning the Economic Partnership Agreements and free trade between the Union and the ACP region;

         Budget support

                  50.

                  Takes note that in 2011 EUR 207 million was committed for budget support which represents 6,3 % of the overall amount of total commitments;

                  51.

                  Recalls that the Court of Auditors found in its Annual Report on the EDFs concerning the financial year 2011 that 23 % of budget support payments were affected by non-quantifiable errors; notes an improvement with regard to the previous reports’ findings; is of the opinion, however, that the result for 2011 is still not satisfactory;

                  52.

                  Is deeply worried by the Court of Auditors’ conclusion that non-quantifiable errors resulted from the lack of a structured demonstration of compliance with the eligibility criteria because public financial management achievements were not compared with the objectives set for the period under review; calls on the Commission to ensure a rigorous control of recipient countries both before and after the decision to grant budget support, in particular in countries receiving significant financial assistance from Union development funds in which corruption is very much on the increase; calls therefore for more effective Commission control mechanisms in order to ensure that European taxpayers’ money is not misappropriated for funding terrorism or corruption;

                  53.

                  Acknowledges the potential advantages of budget support; draws attention, however, to the risks that this aid modality entails in that it is more vulnerable to fraud and corruption than other forms of aid, due to its fungibility; recalls that control by the Court of Auditors over the funds paid as budget support ends the moment Union aid is paid to the partner country’s treasury;

                  54.

                  Stresses that those risks are especially alarming in the context of the massive outflows of illicit capital from developing countries referred to in paragraph 25; urges the Commission to take into account the existing reporting on the illicit capital outflows before taking a decision on granting budget support;

                  55.

                  Welcomes the Commission’s statement that the fight against fraud and corruption should receive greater prominence in budget support, particularly when assessing the Public Financial Management eligibility criterion in terms of budget support; urges the Commission to therefore take into account existing reporting on corruption and fraud levels before taking a decision on granting budget support; insists that an independent national audit body must be a condition for granting budget support;

                  56.

                  Takes note that programmes related to good governance are financed in order to support developing countries in their fight against fraud, corruption and financial mismanagement; keeping in mind that a corruption-free judicial system is a condition sine qua non to ensure good governance and rule of law, calls on the Commission to put a strong emphasis on the judiciary reform programmes; acknowledges moreover that the Commission completed in 2011 a thematic evaluation on justice and security system reform; calls on the Commission to make publicly available the results of the evaluation;

                  57.

                  Recognises that the relatively low disbursement rate for EDF budget support payments in 2011 is a direct consequence of a more thorough assessment of partner governments’ compliance with eligibility criteria and/or performance indicators, which led the Commission to withhold disbursements totalling EUR 200 million in 16 ACP countries where insufficient progress was demonstrated against pre-defined objectives; welcomes the new approach to Union’s budget support (22) introduced in October 2011, which contributes to strengthening domestic accountability mechanisms in ACP countries; calls on the Commission to present the first results in terms of the effectiveness of this new approach to Parliament when the new guidelines have been fully applied;

                  58.

                  Repeats its call on the Commission and Member States to create a public register in which budget support agreements, procedures and development indicators are transparently listed (23);

                  59.

                  Repeats its call on the Commission to provide regular reports on the accomplishment of the goals set for Union budget support and on specific problems encountered in particular recipient countries; calls on the Commission to ensure that budget support is reduced or cancelled when clear goals are not achieved;

         Union aid to Haiti

                  60.

                  Urges the Commission to make public the performance indicators for budget support to the Republic of Haiti, and the respective assessments of the Government of Haiti’s performance in order to qualify for budget support, focussing on the following criteria: a) stable macroeconomic framework; b) national or sector policies and reforms focused on sustainable growth and poverty reduction; c) public financial management, including the fight against corruption; d) transparency and oversight of the budget, also to the public;

                  61.

                  Asks the Commission to apply from 2013 onwards, in a transparent way, the new criteria for budget support as described in the Commission’s policy ‘The future approach to EU budget support to third countries’ to the budget support for the Government of Haiti;

                  62.

                  Deplores the lack of sustainability of some projects and stresses that projects should principally aim at creating employment and sustainable growth which would allow the Haitian State to increase its own revenues in order to depend less on foreign assistance;

                  63.

                  Calls on the Commission to provide an assessment of the sustainability of the Union funded projects in Haiti based on a five-year perspective and to report to the discharge authorities on an annual basis;

                  64.

                  Urges the Commission to continue its efforts towards strengthening the Haitian government and administration; requests the Commission to report on the situation and on the actions taken;

                  65.

                  Regrets the insufficient coordination between the Union delegation and the Commission’s European Community Humanitarian Office’s representation; supports a reinforced coordination between all Union actors in the country; urges therefore the Commission to ensure better coherence and complementarity between humanitarian aid and development aid both at a policy level and in practice;

                  66.

                  Urges the Commission to ensure that the postponed, first ever overall impact evaluation of the Union’s aid programme for Haiti takes place in 2013;

                  67.

                  Insists that, in light of the fact that currently it is impossible for both Parliament and the citizens of the Union to access information about the results achieved by Union funded programmes and projects in Haiti, the Commission substantially improves its policy on public accessibility of programme and projects monitoring before the end of 2013;

         Cooperation with international organisations

                  68.

                  Is deeply concerned by the Court of Auditors’ finding that the majority of errors for payments were found in grants and contribution agreements with international organisations where 58 % of audited transactions were affected by error; finds, therefore, that the safeguards for the implementation of control and the follow-up of Union funds under joint management are not satisfactory and calls on all parties involved to remedy this situation;

                  69.

                  Regrets that it has taken this long for the World Bank Group’s (WBG) undertaking to share their internal audit reports with the Commission Services; regrets that so far, there are no sustainable solutions and procedures for the provision of necessary financial information from the WBG to the Union institutions in each and every case; calls on the WBG and the Commission to promptly arrive at a satisfactory outcome of the discussions in that area; calls on the Commission to report to Parliament on the progress of those discussions;

                  70.

                  Agrees with the Commission that in the event that no sustainable solution is found for the provision of the necessary financial information from the WBG to the relevant Union institution it will have consequences for the future cooperation with the WBG; calls on the Commission to stop its grants and contribution agreements with the WBG if no solution is found;

         The investment facility

                  71.

                  Recalls that the funds allocated to the investment facility from the Ninth and Tenth EDF amounted to EUR 3 185,5 million for ACP countries and OCTs;

                  72.

                  Reiterates its regret that the investment facility is not covered by the Court of Auditors’ Statement of Assurance or Parliament’s discharge procedure, even though the operations are conducted by EIB on behalf of and at the risk of the Union, using EDF resources;

                  73.

                  Welcomes the good cooperation of the EIB management with Parliament in the context of the annual discharge procedure to the EDF in the form of exchange of views during committee meetings;

                  74.

                  Welcomes the introduction as of 1 January 2012, of the new Results Measurement Framework (REM) for all its operations outside the Union which will provide for an ex-ante assessment of the expected contribution to Union and country development objectives (pillar 1), the expected quality and results of operations, including economic, social, environmental and institutional outcomes of the project (pillar 2), and the expected additionality of the EIB relative to market alternatives (pillar 3), as well as for monitoring of indicators until such time as the project is fully implemented and operational and the first development outcomes are measurable; expects the EIB to provide for the first assessment of the functioning of the REM in the context of the discharge procedure for the year 2012;

                  75.

                  Reiterates its call on the EIB to link its financing of projects more directly to poverty reduction and the achievement of the MDGs, human rights, democracy, good governance, corporate social responsibility, decent work and environmental principles;

                  76.

                  Welcomes the stated aim of the EIB with regards to ensuring a restrictive lending policy towards the financing of new coal and lignite-fuelled power stations; urges the EIB to implement this policy;

                  77.

                  Welcomes the steps taken by the EIB in response to Parliament’s calls for more transparency in the form of the publication of each new loan on the EIB website in advance of approval by the Board, listing each financial intermediary that benefits from an EIB on the EIB website (including contact information), and requesting EIB small and medium-sized enterprises (SME) loan intermediaries to implement a dedicated product page on their web site for the SME community;

                  78.

                  Reiterates that the tripartite agreement between the Commission, the EIB and the Court of Auditors defines the role of the Court of Auditors in controlling the EDFs managed by the EIB; repeats its call on the Court of Auditors to produce a Special Report on the effectiveness and efficiency of the EDFs managed by the EIB from the perspective of poverty reduction;

                  79.

                  Notes furthermore that the present EIB Board of Directors consists of eight women and 20 men; encourages the Member States to consider nominating candidates of both gender in order to achieve a more gender balanced representation on the EIB Board of Directors;

         Budgetisation of the EDF

                  80.

                  Emphasises the need for aid predictability and democratic scrutiny that only can be achieved when the EDF is part of the general budget of the Union; emphasises the fact that budgetisation would reduce transaction costs and would simplify reporting and accounting requirements by having only one set of administrative rules and decision-making structures instead of two; stresses that budgetisation of the EDF does not imply that total development cooperation spending may be reduced;

                  81.

                  Welcomes the Commission’s commitment (24) to propose EDF budgetisation for 2020, when the Cotonou Agreement expires; expects the Commission to honour this commitment and to take appropriate measures to facilitate incorporating the EDF into the Union’s budget starting with the post-2020 MFF; is of the opinion that, in light of the current budgetary and economic crisis, the risk of EDF budgetisation leading to a decrease in the overall funding level for cooperation with ACP partners is too high at present; insists therefore that, were budgetisation to be considered for the MFF 2014–2020, it must imply transferring the entire EDF financial envelope as proposed by the Commission (EUR 30,3 billion in 2011 prices) (25) to heading 4 on Global Europe and should under no circumstances be used as a pretext for reducing overall spending ceilings for Union’s external action in general, and development assistance in particular;

                  82.

                  Welcomes the Commission’s commitment to align the Parliament’s scrutiny rights over the EDF to those it has over the Union’s general budget, in particular the Development Cooperation Instrument; urges the Commission to bring forward without delay concrete proposals to this effect and to initiate a dialogue to establish the precise modalities for Parliament’s future scrutiny over strategic decision-making regarding the EDF.

         (1)  OJ C 344, 12.11.2012, p. 243.

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

         (3)  OJ L 317, 15.12.2000, p. 3.

         (4)  OJ L 287, 28.10.2005, p. 4.

         (5)  OJ L 314, 30.11.2001, p. 1 and OJ L 324, 7.12.2001, p. 1.

         (6)  OJ L 109, 26.4.2007, p. 33.

         (7)  OJ L 156, 29.5.1998, p. 108.

         (8)  OJ L 317, 15.12.2000, p. 355.

         (9)  OJ C 306 E, 15.12.2006, p. 373.

         (10)  OJ C 279 E, 19.11.2009, p. 100.

         (11)  OJ L 191, 7.7.1998, p. 53.

         (12)  OJ L 83, 1.4.2003, p. 1.

         (13)  OJ L 78, 19.3.2008, p. 1.

         (14)  The above-mentioned Annual Report on the financial management of the Eighth, Ninth and Tenth European Development Funds (EDFs) in 2011.

         (15)  OJ C 199 E, 7.7.2012, p. 37.

         (16)  Commission’s communication of 21 April 2010 entitled ‘Tax and Development – Cooperating with Developing Countries on Promoting Good Governance in Tax Matters’.

         (17)  Ibidem.

         (18)  Special Reports by the European Court of Auditors Nos 1/2010 and 13/2011.

         (19)  Commission Staff Working Document ‘Annual Report 2012 on the European Union’s Development and external assistance policies and their implementation in 2011’, p. 67.

         (20)  Idem, p. 90.

         (21)  Idem, p. 113.

         (22)  Commission communication of 13 October 2011 entitled ‘The future approach to EU budget support to third countries’.

         (23)  As requested in paragraph 52 of Parliament’s Resolution of 5 July 2011 on the future of EU budget support to developing countries (Texts adopted, P7_TA(2011)0317), and paragraph 42 of the discharge report for 2010.

         (24)  Commission communication of 29 June 2011 entitled ‘A budget for Europe 2020’.

         (25)  Ibidem.


Important legal notice

|

E1999C0429(01)

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) of Protocol 3 to the Surveillance and Court Agreement - EFTA Surveillance Authority decision not to raise objections

Official Journal C 117 , 29/04/1999 P. 0005 - 0005

Authorisation of State aid pursuant to Article 61 of the EEA Agreement and Article 1(3) of Protocol 3 to the Surveillance and Court AgreementEFTA Surveillance Authority decision not to raise objections(1999/C 117/05)Date of adoption: 16.12.1998EFTA State: IcelandAid No: 98-001Title: New business venture fundObjective: To promote development and growth in the Icelandic economy through participation in innovation-oriented investment projects and support for development and marketing projectsLegal basis: Act No 61/1997 on the new business venture fund ("Lög um Nýsköpunarsjóð atvinnulífsins") and implementing regulationsBudget: - Foundation fund (revolving fund) ISK 4 000 million (approximately ECU 48,8 million)- Initiative fund (revolving equity fund) ISK 1 000 million (approximately ECU 12,2 million)- Product development and marketing department ISK 700 million (projected) (approximately ECU 8,5 million)Form and intensity of aid: - Equity investments and exceptionally loans and guarantees by foundation fund (not aid)- Equity investments through initiative fund (not aid)- Grants by foundation fund and product development and marketing department, as a main rule within the limits of de minimis aid. When aid is above de minimis limits it is to comply with the rules on aid for SMEs or R& D, as appropriateDuration: Indefinite, except for product development and marketing department, which shall be operated only until the end of the year 2000, whereupon its net assets shall be transferred to the foundation fund. Initiative fund shall be dissolved within 10 years and its net assets transferred to the State TreasuryCondition: Grants to sectors not covered by the de minimis rule (shipbuilding, ECSC steel industry and transport sector) are subject to prior notification on a case-by-case basis, as well as any aid falling within the scope of the guidelines on rescuing and restructuring firms in difficulty; annual report on the activities of the new business venture fund


               11.4.2015

               EN

               Official Journal of the European Union

               C 117/3

         Adoption of Commission Decision on the notification by the Czech Republic of a transitional national plan referred to in Article 32 of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions
   (2015/C 117/03)
   On 10 April 2015, the Commission adopted Decision C(2015) 2298 on the notification by the Czech Republic of a transitional national plan referred to in Article 32 of Directive 2010/75/EU of the European Parliament and of the Council on industrial emissions (1).
   This document is available on the following internet site: https://circabc.europa.eu/w/browse/36205e98-8e7a-47d7-808d-931bc5baf6ee

      (1)  OJ L 334, 17.12.2010, p. 17.


title: 2005/526/EC: Council Decision of 2 June 2005 concerning the conclusion of a Framework Agreement between the European Community and the Republic of Croatia on the general principles for the participation of the Republic of Croatia in Community programmes

text:
               22.7.2005

               EN

               Official Journal of the European Union

               L 192/82

      COUNCIL DECISION

   of 2 June 2005
   concerning the conclusion of a Framework Agreement between the European Community and the Republic of Croatia on the general principles for the participation of the Republic of Croatia in Community programmes
   (2005/526/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Articles 13, 71, 80, 95, 127, 137, 149, 150, 151, 152, 153, 157, 166, 175, 280 and 308 in conjunction with the second sentence of the first subparagraph of Article 300(2), the second subparagraph of Article 300(3), and Article 300(4) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the assent of the European Parliament (1),
   Whereas:

               (1)(2)(3)(4)(5)(6)(7)(8)(9)(10)

               The Thessaloniki European Council of June 2003 approved the ‘Thessaloniki Agenda for the Western Balkans: moving towards European integration’, which provided for Community programmes to be opened up to the Stabilisation and Association Process (SAP) countries along the lines established for the participation of candidate countries.In its communication on ‘Preparing for the participation of the Western Balkan countries in Community programmes and agencies’, the Commission advocated concluding with Albania, Bosnia and Herzegovina, Croatia, the Former Yugoslav Republic of Macedonia and Serbia and Montenegro framework agreements laying down the general principles governing each country’s participation in Community programmes.In accordance with the negotiating directives adopted by the Council on 29 April 2004, the Commission, on behalf of the Community, has negotiated a Framework Agreement with Croatia on the general principles for its participation in Community programmes.This Agreement was signed, on behalf of the Community, on 22 November 2004 in Brussels, subject to conclusion at a later date.With regard to some of the programmes covered by the Agreement, the Treaty does not provide for powers other than those under Article 308.The specific terms and conditions regarding the participation of Croatia in the Community programmes, including the financial contribution payable, should be determined by the Commission on behalf of the Community. For that purpose the Commission should be assisted by a special committee appointed by the Council.Croatia may request financial assistance for participating in Community programmes under Council Regulation (EEC) No 3906/89 of 18 December 1989 on economic aid to certain countries of Central and Eastern Europe (2) or under any similar Regulation providing for Community external assistance for Croatia that may be adopted in future.The Framework Agreement will be added as a protocol to the Stabilisation and Association Agreement (SAA) between the European Communities and their Member States, of the one part, and Croatia, of the other part, which entered into force on 1 February 2005, and will be an integral part thereof.The application of the Agreement should be reviewed periodically.The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Framework Agreement between the European Community and the Republic of Croatia on the general principles for the participation of the Republic of Croatia in Community programmes is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision (3).
   Article 2
   1.   The Commission is authorised to determine, on behalf of the Community, the specific terms and conditions applicable to the participation of the Republic of Croatia in any given programme, including the financial contribution payable. The Commission shall be assisted in this task by a special committee appointed by the Council.
   2.   Where the Republic of Croatia requests external assistance, the procedures provided for in Regulation (EC) No 3906/89, and in similar Regulations providing for Community external assistance to the Republic of Croatia that may be adopted in the future, shall apply.
   Article 3
   No later than three years after the date of entry into force of the Agreement, and every three years thereafter, the Commission shall review the implementation of the Agreement and report thereon to the Council. The report shall be accompanied where necessary by appropriate proposals.
   Article 4
   The President of the Council shall, on behalf of the Community, give the notifications provided for in Article 10 of the Agreement.

      Done at Luxembourg, 2 June 2005.

            For the Council

            The President

         L. FRIEDEN

      (1)  Assent delivered on 10 May 2005 (not yet published in the Official Journal).

      (2)  OJ L 375, 23.12.1989, p. 11. Regulation as last amended by Regulation (EC) No 2257/2004 (OJ L 389, 30.12.2004, p. 1).

      (3)  See page 8 of this Official Journal.


title: 2006/830/EC: Decision of the European Parliament of 27 April 2006 on the discharge for the implementation of the budget of the European Environment Agency for the financial year 2004

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/90

      DECISION OF THE EUROPEAN PARLIAMENT

   of 27 April 2006
   on the discharge for the implementation of the budget of the European Environment Agency for the financial year 2004
   (2006/830/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Environment Agency for the financial year 2004 (1),

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Environment Agency for the financial year 2004, together with the Agency's replies (2),

               —

               having regard to the Council's recommendation of 14 March 2006 (5972/2006 — C6-0093/2006),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Environment Information and Observation network (4), and in particular Article 13 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 (5) and in particular Article 94 thereof,

               —

               having regard to Rule 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0098/2006),

               1.

               Grants discharge to the Executive Director of the European Environment Agency for the implementation of the Agency's budget for the financial year 2004;

               2.

               Sets out its comments in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution that forms an integral part of it to the Executive Director of the European Environment Agency, the Council, the Commission and the Court of Auditors and to have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 269, 28.10.2005, p. 13.

      (2)  OJ C 332, 28.12.2005, p. 37.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 120, 11.5.1990, p. 1. Regulation as last amended by Regulation (EC) No 1641/2003 (OJ L 245, 29.9.2003, p. 1).

      (5)  OJ L 357, 31.12.2002, p. 72. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).


title: Decision (EU) 2016/1495 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the budget of the European Centre for the Development of Vocational Training for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/187

         DECISION (EU) 2016/1495 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on discharge in respect of the implementation of the budget of the European Centre for the Development of Vocational Training for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Centre for the Development of Vocational Training for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Centre for the Development of Vocational Training for the financial year 2014, together with the Centre’s reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Centre in respect of the implementation of the budget for the financial year 2014 (05584/2016 — C8-0062/2016),

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EEC) No 337/75 of the Council of 10 February 1975 establishing a European Centre for the Development of Vocational Training (4), and in particular Article 12a 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 (5),

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6), and in particular Article 108 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Employment and Social Affairs (A8-0082/2016),

               1.

               Grants the Director of the European Centre for the Development of Vocational Training discharge in respect of the implementation of the Centre’s budget for the financial year 2014;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Director of the European Centre for the Development of Vocational Training, 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 409, 9.12.2015, p. 39.

      (2)  See footnote 1.

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

      (4)  OJ L 39, 13.2.1975, p. 1.

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

      (6)  OJ L 328, 7.12.2013, p. 42.


title: 2012/400/EU: Council Decision of 10 July 2012 on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms

text:
               18.7.2012

               EN

               Official Journal of the European Union

               L 188/4

         COUNCIL DECISION
   of 10 July 2012
   on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Protocol 31 to the EEA Agreement, on cooperation in specific fields outside the four freedoms
   (2012/400/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 46 and 48, 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)

               Protocol 31 to the Agreement on the European Economic Area (2) (the ‘EEA Agreement’) contains specific provisions and arrangements concerning cooperation in specific fields outside the four freedoms.

               (2)

               It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to activities outside the four freedoms, including cooperation concerning free movement of workers, coordination of social security systems and measures for migrants, including migrants from third countries.

               (3)

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

               (4)

               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 taken by the European Union in the EEA Joint Committee on the proposed amendment to Protocol 31 to the EEA Agreement 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 day of its adoption.

      Done at Brussels, 10 July 2012.

            For the Council

            The President

         V. SHIARLY

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

      (2)  OJ L 1, 3.1.1994, p. 3.

      DRAFT
      DECISION No …/2012 OF THE EEA JOINT COMMITTEE
      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, as amended by the Protocol adjusting the Agreement on the European Economic Area, (the ‘EEA Agreement’), and in particular Articles 86 and 98 thereof,
      Whereas:

                  (1)

                  Protocol 31 to the EEA Agreement was amended by Decision of the EEA Joint Committee No …/… of … (1).

                  (2)

                  It is appropriate to extend the cooperation of the Contracting Parties to the EEA Agreement to include cooperation concerning free movement of workers, coordination of social security systems and measures for migrants, including migrants from third countries.

                  (3)

                  Protocol 31 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from 1 January 2012,

            HAS ADOPTED THIS DECISION:
      Article 1
      Article 5 of Protocol 31 to the EEA Agreement shall be amended as follows:

                  (1)

                  the following paragraph shall be inserted after paragraph 11:
                  ‘12.   The EFTA States shall, as from 1 January 2012, participate in the actions funded from the following budget lines, entered in the general budget of the European Union for the financial year 2012:

                              —

                                 Budget line 04 01 04 08: “Free movement of workers, coordination of social security systems and measures for migrants, including migrants from third countries – Expenditure on administrative management”,

                              —

                                 Budget line 04 03 05: “Free movement of workers, coordination of social security systems and measures for migrants, including migrants from third countries”.’;

                  (2)

                  the words ‘and in the programme referred to in the twelfth indent as from 1 January 2009’ in paragraph 5 shall be replaced by ‘, in the programme referred to in the twelfth indent as from 1 January 2009 and in the actions funded from the budget lines for the financial year 2012 referred to in paragraph 12 as from 1 January 2012’;

                  (3)

                  the words ‘paragraph 8’ in paragraphs 6 and 7 shall be replaced by the words ‘paragraphs 8 and 12’.

            Article 2
      This Decision shall enter into force on the day following the last notification to the EEA Joint Committee under Article 103(1) of the EEA Agreement (2).
      It shall apply from 1 January 2012.
      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 …, …

               For the EEA Joint Committee

               The President

               The Secretaries to the EEA Joint Committee

         (1)  OJ L …

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