title: Decision of the Council (General Affairs) of 1 December 2009 establishing the list of Council configurations in addition to those referred to in the second and third subparagraphs of Article 16(6) of the Treaty on European Union

text:
               2.12.2009

               EN

               Official Journal of the European Union

               L 315/46

      DECISION OF THE COUNCIL (GENERAL AFFAIRS)
   of 1 December 2009
   establishing the list of Council configurations in addition to those referred to in the second and third subparagraphs of Article 16(6) of the Treaty on European Union
   (2009/878/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Protocol on transitional provisions, and in particular Article 4 thereof,
   Whereas:

               (1)

               Article 4 of the Protocol on transitional provisions provides that until the entry into force of the European Council Decision referred to in the first subparagraph of Article 16(6) of the Treaty on European Union regarding the list of Council configurations, the list of Council configurations, in addition to the General Affairs and the Foreign Affairs ones, should be established by the General Affairs Council, acting by a simple majority.

               (2)

               The list of Council configurations was established by the Council (General Affairs) on 22 July 2002, as part of Annex I to the Council's Rules of Procedure and following the list agreed upon at the European Council meeting in Seville on 21 and 22 June 2002.

               (3)

               In order to comply with the provisions of the Treaties, it is appropriate to adapt this list, which is to be inserted in the Council's Rules of Procedure,

         HAS ADOPTED THIS DECISION:
   Article 1
   The list of Council configurations referred to in Article 4 of the Protocol on transitional provisions is set out in Annex.
   Article 2
   This Decision shall enter into force on the day of its adoption.
   It shall be published in the Official Journal of the European Union.

      Done at Brussels, 1 December 2009.

            For the Council

            The President

         C. BILDT

      ANNEX

         LIST OF COUNCIL CONFIGURATIONS

                  1.

                  General affairs (1);

                  2.

                  Foreign affairs (2);

                  3.

                  Economic and financial affairs (3);

                  4.

                  Justice and home affairs (4);

                  5.

                  Employment, social policy, health and consumer affairs;

                  6.

                  Competitiveness (internal market, industry and research) (5);

                  7.

                  Transport, telecommunications and energy;

                  8.

                  Agriculture and fisheries;

                  9.

                  Environment;

                  10.

                  Education, youth and culture (6).

         (1)  This configuration is established by Article 16(6), second subparagraph, of the Treaty on European Union.

         (2)  This configuration is established by Article 16(6), third subparagraph, of the Treaty on European Union.

         (3)  Including budget.

         (4)  Including civil protection.

         (5)  Including tourism.

         (6)  Including audiovisual affairs.


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32003D0291

Decision No 291/2003/EC of the European Parliament and of the Council of 6 February 2003 establishing the European Year of Education through Sport 2004

Official Journal L 043 , 18/02/2003 P. 0001 - 0005

Decision No 291/2003/EC of the European Parliament and of the Councilof 6 February 2003establishing the European Year of Education through Sport 2004THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 149 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Economic and Social Committee(2),Having regard to the opinion of the Committee of the Regions(3),Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),Whereas:(1) Promoting good quality education is one of the objectives of the European Community.(2) The educational values of sport were acknowledged by the Nice European Council of 7, 8 and 9 December 2000, thus confirming previous declarations, particularly Declaration 29 attached to the Amsterdam Treaty in which sport is defined as something which forges the identity of people.(3) The Nice European Council called upon the Community institutions to take due account of the educational values of sport in its action under various provisions of the Treaty, stressing in particular that it is important for Member States, with the support of the Community, to encourage voluntary activity.(4) The Resolution of the Council and of the Ministers for Youth meeting within the Council of 17 December 1999 on the non-formal education dimension of sporting activities in the European Community youth programmes(5) considers that sporting activities can have a pedagogical value which contributes to strengthening civil society and calls upon the Commission to devise, in cooperation with the Member States, a coherent approach in order to exploit the educational potential of sport.(5) In its Resolution on the Commission report on safeguarding current sports structures and maintaining the social function of sport(6), the European Parliament underlined the educational and social value of sport, as well as its role in combating racism and xenophobia.(6) In its Resolution of 13 June 1997 on the role of the European Union in the field of sport(7), the European Parliament called for the organisation of a European Year of Sport.(7) The Committee of the Regions noted in its opinion on the Commission's consultation paper "The European model of sport" how important sport is in shaping the individual.(8) In its report on sport made to the European Council in Helsinki, the Commission examined the merits of using sport in education and youth-related matters given the values conveyed by sport.(9) Regular exercise improves psychological and physical health and can make a positive contribution to the learning process.(10) The education of young sportsmen and sportswomen should not suffer as a result of their participation in competitive sport.(11) Education through sport should promote personal identity and development for girls and boys.(12) Educational and training institutions at all levels should make fuller use of the opportunities offered by sport for transnational mobility and cultural exchanges.(13) The Olympic and other sporting events in 2004 will heighten media coverage and public awareness of sport. This is an ideal opportunity to underline the educational value of sport.(14) Action in Member States is the main way in which public awareness of the educational value of sport can be raised. However, the Community can support and reinforce such action through the establishment of a European Year of Education through Sport.(15) A European Year of Education through Sport will complement and reinforce existing Community action to promote education and training, as well as the social inclusion of disadvantaged persons.(16) The European Year of Education through Sport should be opened up for participation by the EFTA/EEA countries in accordance with the conditions established under the European Economic Area Agreement (EEA), and by the associated central and eastern European countries in line with the conditions laid down pursuant to their respective Europe Agreements. For Cyprus, this participation should be funded by additional appropriations in accordance with arrangements to be agreed upon, and for Malta and Turkey by additional appropriations in accordance with the EC Treaty.(17) This Decision lays down for the entire duration of the programme a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 6 May 1999 on budgetary discipline and improvement of the budgetary procedure(8).(18) Since the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of their scale, especially for the need for multilateral partnerships, transnational exchange of information and Community-wide dissemination of good practices, be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.(19) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(9),HAVE DECIDED AS FOLLOWS:Article 1The European Year of Education through SportThe year 2004 shall be designated "European Year of Education through Sport".Article 2AimsThe aims of the European Year of Education through Sport shall be as follows:(a) to make educational institutions and sports organisations aware of the need for cooperation in order to develop education through sport and its European dimension, given the very great interest that young people take in all kinds of sport;(b) to take advantage of the values conveyed through sport to develop knowledge and skills whereby young people in particular can develop their physical prowess and readiness for personal effort and also social abilities such as teamwork, solidarity, tolerance and fair play in a multicultural framework;(c) to promote awareness of the positive contribution that voluntary activities make to non-formal education, especially of young people;(d) to promote the educational value of pupil mobility and exchanges particularly in a multicultural environment through the organisation of sporting and cultural contacts as part of school activity;(e) to encourage the exchange of good practice concerning the role sport can play in education systems to promote the social inclusion of disadvantaged groups;(f) to create a better balance between intellectual and physical activity in school life by encouraging sport in school activities;(g) to consider the problems relating to the education of young sportsmen and sportswomen taking part in competitive sports.Article 3Content of the measures1. The measures taken to attain the objectives set out in Article 2 shall include the organisation of the following activities in 2004 or the granting of support for such activities:(a) meetings, European educational competitions and events highlighting achievements and experiences on the theme of the European Year of Education through Sport;(b) voluntary actions at European level during Olympic and other sporting events in 2004;(c) information and promotional campaigns, including cooperation with the media to disseminate the educational values of sport;(d) events promoting the educational value of sport and providing examples of good practice;(e) financial support for transnational, national, regional or local initiatives to promote the objectives of the European Year of Education through Sport.2. A detailed description of the measures referred to in paragraph 1 is set out in the Annex hereto.Article 4Implementation and cooperation with the Member States1. The Commission shall be responsible for ensuring that Community measures adopted pursuant to this Decision are implemented in accordance with the procedure provided for in Article 5(2) and in full compliance with the principle of subsidiarity.2. Each Member State shall designate one or more appropriate bodies to be responsible for participation in the European Year of Education through Sport and for coordination and implementation at the appropriate level of the measures provided for in this Decision, inter alia, by assisting with the selection procedure referred to in Article 7.Article 5Committee1. The Commission shall be assisted by a Committee.2. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.3. The Committee shall adopt its rules of procedure.Article 6Financial arrangements1. Measures which are Community-wide in nature, as described in part A of the Annex, may be subsidised from the general budget of the European Union up to a maximum of 80 % of the total cost.2. Measures of Community interest which are local, regional, national or transnational in nature, as described in part B of the Annex, may be co-financed from the general budget of the European Union up to a maximum of 50 % of the total cost.Article 7Application and selection procedure1. Applications for co-financing of measures from the Community budget under Article 6(2) shall be submitted to the Commission by the body or bodies referred to in Article 4(2). Applications shall include information making it possible to assess the outcomes using objective criteria. The Commission shall take the utmost account of the evaluation provided by the bodies concerned.2. Decisions on co-financing of measures under Article 6 shall be taken by the Commission in accordance with the procedure provided for in Article 5(2). The Commission shall ensure a balanced distribution among Member States and among the different fields of activity involved.3. The Commission, in particular through its national or regional contact points, shall, in conjunction with the bodies referred to in Article 4(2), ensure that the calls for proposals are published in good time and distributed as widely as possible.Article 8Consistency and complementarity1. The Commission, in cooperation with the Member States, shall ensure that the measures provided for in this Decision are consistent with other Community actions and initiatives.2. The Commission shall ensure that the European Year of Education through Sport complements as far as possible other existing Community, national and regional initiatives and resources, where these can contribute to fulfilling the objectives of the European Year of Education through Sport.Article 9Participation by certain third countriesThe European Year of Education through Sport shall be open to participation by:(a) the EFTA/EEA countries in accordance with the conditions established under the EEA Agreement;(b) the associated central and eastern European countries in accordance with the conditions established pursuant to their respective Europe Agreements;(c) Cyprus, whose participation shall be funded by additional appropriations in accordance with procedures to be agreed with that country;(d) Malta and Turkey, whose participation shall be funded by additional appropriations in accordance with the provisions of the Treaty.Article 10Budget1. The financial framework for the implementation of this Decision is hereby set at EUR 11,5 million.2. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.3. At the Commission's initiative, funding may also be provided for the period 2004 for expenditure on technical and administrative assistance for the mutual benefit of the Commission and the beneficiaries of the measure and falling outside the realm of ongoing public service tasks, relating to the identification, preparation, management, follow-up, audit and monitoring of the measures.Article 11International cooperationThe Commission may cooperate with the Council of Europe and other appropriate international organisations for the purposes of the European Year of Education through Sport, in accordance with the procedure provided for in Article 5(2).Article 12Monitoring and evaluationThe Commission shall submit, by 31 December 2005 at the latest, a report to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions on the implementation, results and overall assessment of the measures provided for in this Decision.Article 13Entry into forceThis Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.Done at Brussels, 6 February 2003.For the European ParliamentThe PresidentP. CoxFor the CouncilThe PresidentP. Efthymiou(1) OJ C 25 E, 29.1.2002, p. 531.(2) OJ C 149, 21.6.2002, p. 17.(3) OJ C 278, 14.11.2002, p. 21.(4) Opinion of the European Parliament of 14 May 2002 (not yet published in the Official Journal), Council Common Position of 14 October 2002 (OJ C 275 E, 12.11.2002, p. 70) and Decision of the European Parliament of 19 December 2002.(5) OJ C 8, 12.1.2000, p. 5.(6) OJ C 135, 7.5.2001, p. 274.(7) OJ C 200, 30.6.1997, p. 252.(8) OJ C 172, 18.6.1999, p. 1.(9) OJ L 184, 17.7.1999, p. 23.ANNEXMEASURES REFERRED TO IN ARTICLE 3A. Action at Community level1. Meetings and events:(a) organisation of meetings;(b) organisation of events to raise awareness on education through sport, including conferences to open and close the European Year of Education through Sport;(c) voluntary actions during Olympic and other sporting events in 2004.2. Information and promotional campaigns involving:(a) the development of a logo and slogans for the European Year of Education through Sport, for use in connection with any activity linked to it;(b) an information campaign;(c) the production of tools and aids accessible to people throughout the Community;(d) appropriate initiatives by educational institutions and sports organisations aimed at disseminating information on the European Year of Education through Sport;(e) the organisation of European educational competitions highlighting achievements and experiences on the themes of the European Year of Education through Sport.3. Other actions:(a) setting-up of an on-line database, using available resources, as a means of disseminating good practice across Member States for the use of sport as a tool for education and, in particular, for promoting the social integration of disadvantaged groups;(b) surveys and studies that assess the impact of the European Year of Education through Sport.4. Funding may take the form of:(a) direct purchase of goods and services, in particular in the field of communication, surveys and studies as referred to in point 3(b) above, via open and/or restricted calls for tenders;(b) subsidies allocated to cover the expenses of special events to highlight and raise awareness of the European Year of Education through Sport; such funding shall not exceed 80 % of the total cost.B. Action at national levelDepending on the nature and content proposed, local, regional, national or transnational actions may qualify for aid from the Community covering up to a maximum of 50 % of the total cost. These actions may, for instance, include:1. events connected with the objectives of the European Year of Education through Sport, including an event to launch the year;2. information campaigns and measures to disseminate examples of good practice, other than those mentioned in part A above;3. the organisation of awards or competitions that highlight the importance of education through sport;4. surveys and studies other than those mentioned in part A above.C. Action for which no Community financial aid is availableThe Community will offer its moral support, including written authorisation to use the logo and other materials associated with the European Year of Education through Sport, for initiatives undertaken by public or private organisations, where those organisations can satisfy the Commission that the initiatives involved are or will be in progress during the year 2004 and are likely to contribute significantly to achieving one or more of the objectives of the European Year of Education through Sport.


title: 2009/58/EC: Decision of the European Central Bank of 15 December 2008 laying down the measures necessary for the paying-up of the European Central Bank’s capital by the non-participating national central banks (ECB/2008/28)

text:
               24.1.2009

               EN

               Official Journal of the European Union

               L 21/81

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 15 December 2008
   laying down the measures necessary for the paying-up of the European Central Bank’s capital by the non-participating national central banks
   (ECB/2008/28)
   (2009/58/EC)
   THE GENERAL COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank (hereinafter the ‘ESCB Statute’), and in particular Article 48 thereof,
   Whereas:

               (1)

               Decision ECB/2006/26 of 18 December 2006 laying down the measures necessary for the paying-up of the European Central Bank’s capital by the non-participating national central banks (1), determined the percentage of the subscription to the European Central Bank’s (ECB’s) capital which the national central banks (NCBs) of the Member States that would not have adopted the euro on 1 January 2007 were under an obligation to pay up on 1 January 2007 as a contribution to the ECB’s operational costs.

               (2)

               Decision ECB/2008/23 of 12 December 2008 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital (2) provides for the adjustment of the key for subscription to the ECB’s capital (hereinafter the ‘capital key’) in accordance with Article 29.3 of the ESCB Statute and establishes with effect from 1 January 2009 the new weightings assigned to each NCB in the adjusted capital key (hereinafter the ‘capital key weightings’).

               (3)

               The ECB’s subscribed capital is EUR 5 760 652 402,58.

               (4)

               The adjusted capital key requires the adoption of a new ECB decision repealing Decision ECB/2006/26 with effect from 1 January 2009 and determining the percentage of the ECB’s subscribed capital which the NCBs of the Member States that will not have adopted the euro by 1 January 2009 (hereinafter the ‘non-participating NCBs’) are under an obligation to pay up with effect from 1 January 2009,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Extent and form of paid-up capital
   Each non-participating NCB shall pay up 7 % of its subscription to the ECB’s capital with effect from 1 January 2009. Taking into account the capital key weightings described in Article 2 of Decision ECB/2008/23, each non-participating NCB shall pay up with effect from 1 January 2009 the amount shown next to its name in the following table:

               Non-participating NCB

               EUR

               Българска народна банка (Bulgarian National Bank)

               3 502 591,87

               Česká národní banka

               5 835 771,31

               Danmarks Nationalbank

               5 982 149,49

               Eesti Pank

               721 809,75

               Latvijas Banka

               1 144 007,96

               Lietuvos bankas

               1 716 213,56

               Magyar Nemzeti Bank

               5 587 371,98

               Narodowy Bank Polski

               19 740 488,44

               Banca Națională a României

               9 937 989,49

               Sveriges Riksbank

               9 106 093,68

               Bank of England

               58 539 980,14

         Article 2
   Adjustment of the paid-up capital
   1.   Given that each non-participating NCB has already paid up 7 % of its share in the ECB’s subscribed capital as applicable until 31 December 2008 under Decision ECB/2006/26, each of them shall either transfer an additional amount to the ECB, or receive an amount back from the ECB, as appropriate, in order to arrive at the amounts shown in the table in Article 1.
   2.   All transfers pursuant to this Article shall be made in accordance with Decision ECB/2008/25 of 12 December 2008 laying down the terms and conditions for transfers of the European Central Bank’s capital shares between the national central banks and for the adjustment of the paid-up capital (3).
   Article 3
   Final provisions
   1.   This Decision shall enter into force on 1 January 2009.
   2.   Decision ECB/2006/26 is hereby repealed with effect from 1 January 2009.
   3.   References to Decision ECB/2006/26 shall be construed as references to this Decision.

      Done at Frankfurt am Main, 15 December 2008.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 24, 31.1.2007, p. 15.

      (2)  See page 66 of this Official Journal.

      (3)  See page 71 of this Official Journal.


Avis juridique important

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31996D0616

96/252/EC: Decision No 616/96/EC of the European Parliament and of the Council of 25 March 1996 adapting Decision No 1110/94/EC concerning the fourth framework programme of the European Community activities in the field of research and technological development and demonstration (1994 to 1998) following the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union

Official Journal L 086 , 04/04/1996 P. 0069 - 0071

DECISION No 616/96/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 25 March 1996 adapting Decision No 1110/94/EC concerning the fourth framework programme of the European Community activities in the field of research and technological development and demonstration (1994 to 1998) following the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European UnionTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 130i (1) and (2) thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the Economic and Social Committee (2),Acting in accordance with the procedure laid down in Article 189b of the Treaty (3),Whereas, by Decision No 1110/94/EC (4), the European Parliament and the Council adopted a fourth framework programme for 1994 to 1998; whereas Article 1 (3) of that Decision states that the maximum overall amount for Community financial participation in the fourth framework programme shall be ECU 11 046 million and that, of this, ECU 5 472 million is for the period 1994 to 1996 and ECU 5 574 million is for the period 1997 to 1998;Whereas Article 130i (2) of the Treaty states that the framework programme shall be adapted or supplemented as the situation changes; whereas the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union makes financial adjustment necessary because of the resulting increase in both Community resources devoted to, and expenditure on, research and development;Whereas, under the agreement on the European Economic Area, the said three States were already participating in Community research activities, technological development and demonstration activities in return for a financial contribution to the general budget of the European Communities, where their contributions were classed as 'additional appropriations` for expenditure in respect of research and development activities;Whereas this Decision is limited to the adjustment of the financial amounts made necessary by the accession of Austria, Finland and Sweden and does not modify the technical and scientific objectives, priorities, activities in the various areas, selection criteria and other provisions specified in the framework programme;Whereas, as a result, the maximum overall amount of the framework programme should be increased and the additional funds allocated in a linear fashion between the four activities; whereas the principle of linearity should also apply in the implementation, in accordance with Article 130i (3) of the Treaty, of all the activities of the framework programme;Whereas Decision No 1110/94/EC and Council Decision 94/268/Euratom of 26 April 1994 concerning a framework programme of Community activities in the field of research and training for the European Atomic Energy Community (1994 to 1998) (5) were adopted simultaneously and for the same period; whereas the same should apply to the Decisions adapting the two framework programmes,HAVE DECIDED AS FOLLOWS:Sole Article Decision No 1110/94/EC shall be amended as follows:1. in Article 1 (3):'11 046` shall be replaced by '11 764`,'5 472` shall be replaced by '5 449`,'5 574` shall be replaced by '6 315`, and'11 641` shall be replaced by '12 359`;2. Annex I shall be replaced by the text appearing in the Annex to this Decision.Done at Brussels, 25 March 1996For the European ParliamentThe PresidentK. HÄNSCHFor the CouncilThe PresidentG. SALVINI(1) OJ No C 142, 8. 6. 1995, p. 16.(2) OJ No C 256, 2. 10. 1995, p. 12.(3) Opinion of the European Parliament of 12 July 1995 (OJ No C 249, 25. 9. 1995, p. 45), common position of the Council of 30 November 1995 (OJ No C 353, 30. 12. 1995, p. 46) and Decision of the European Parliament of 1 February 1996 (OJ No C 47, 19. 2. 1996). Council Decision of 4 March 1996.(4) OJ No L 126, 18. 5. 1994, p. 1.(5) OJ No L 115, 6. 5. 1994, p. 31.ANNEX 'ANNEX IFOURTH FRAMEWORK PROGRAMME (1994 to 1998)AMOUNTS AND BREAKDOWN>TABLE>Indicative breakdown of the themes and subjects in the first activity>TABLE>


title: Decision of the European Parliament of 5 May 2010 on discharge in respect of the implementation of the budget of the Translation Centre for the Bodies of the European Union for the financial year 2008

text:
               25.9.2010

               EN

               Official Journal of the European Union

               L 252/119

         DECISION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   on discharge in respect of the implementation of the budget of the Translation Centre for the Bodies of the European Union for the financial year 2008
   (2010/508/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the Translation Centre for the Bodies of the European Union for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the Translation Centre for the Bodies of the European Union for the financial year 2008, together with the Centre’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 2965/94 of 28 November 1994 setting up a Translation Centre for bodies of the European Union (3), and in particular Article 14 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 Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0071/2010),

               1.

               Grants the Director of the Translation Centre for the Bodies of the European Union discharge in respect of the implementation of the Centre’s budget for the financial year 2008;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director of the Translation Centre for the Bodies of the European Union, 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

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 304, 15.12.2009, p. 107.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 314, 7.12.1994, p. 1.

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

               25.9.2010

               EN

               Official Journal of the European Union

               L 252/120

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 5 May 2010
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the Translation Centre for the Bodies of the European Union for the financial year 2008
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the Translation Centre for the Bodies of the European Union for the financial year 2008,
   having regard to the Court of Auditors’ report on the annual accounts of the Translation Centre for the Bodies of the European Union for the financial year 2008, together with the Centre’s replies (1),
   having regard to the Council’s recommendation of 16 February 2010 (5827/2010 — C7-0061/2010),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 2965/94 of 28 November 1994 setting up a Translation Centre for bodies of the European Union (3), and in particular Article 14 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 Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0071/2010),

               A.

               whereas the Court of Auditors states that it has obtained reasonable assurances that the annual accounts for the financial year 2008 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas on 23 April 2009 Parliament granted the Director of the Translation Centre for the Bodies of the European Union discharge in respect of the implementation of the Centre’s budget for the financial year 2007 (5), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           noted the Court of Auditors’ observation in its 2006 report that the accumulated budget surplus for 2006 was EUR 16 900 000 and that, in 2007, the Centre would refund EUR 9 300 000 to its clients; agreed with the Court of Auditors that such an accumulation of surpluses suggested that the method used by the Centre to price its translations was not precise enough,

                           —

                           called on the Commission and the Centre to strive to resolve quickly the dispute over pension contributions for staff;

      Performance

               1.

               Congratulates the Centre on having developed an efficient IT tool, FlosysWeb, which is used by clients to send translations, with the clients choosing between different format options and receiving the translations back via the same system;

      Budget surplus contrary to the Regulation establishing the Centre

               2.

               Notes that for several years the Centre has had an accumulated budget surplus contrary to Regulation (EC) No 2965/94, and that in 2008 the surplus amounted to EUR 26 700 000 (whereas it had been EUR 16 900 000 in 2006, EUR 10 500 000 in 2005 and EUR 3 500 000 in 2004); notes that this surplus is mainly linked to the lack of precision in the forecasts for translation requests received from its clients; calls on the Centre to take more effective measures to remedy this constant rise in its surplus;

               3.

               Notes that, in 2009, the Centre refunded EUR 11 450 000 to its clients; stresses that similarly, in 2007, the Centre had already refunded EUR 9 300 000 to its clients;

               4.

               Notes that the Centre reported EUR 1 580 984,34 in income from interest in 2008; concludes from the financial statements and from the level of the interest payments that the Centre permanently maintains an extremely high level of cash holdings; notes that on 31 December 2008 the Centre’s cash holdings amounted to EUR 48 405 006,88; asks the Commission to examine what scope there is for helping to ensure that the cash holdings are managed entirely on a needs-orientated basis, in accordance with Article 15(5) of Regulation (EC, Euratom) No 2343/2002, and what changes of approach are necessary in order to keep the Centre’s cash holdings permanently as low as possible; calls on the Centre to offer its clients cost-covering services in future;

      Pension contributions for staff

               5.

               Considers it very regrettable that, although this issue has been highlighted in discharge resolutions over many years, a solution concerning the conflict between the Centre and the Commission as to the employer’s share of pension contributions for staff has still not been found;

               6.

               Notes with concern that this ongoing conflict with the Commission is costing the Centre several millions; notes in particular that in 2008 the Centre established a reserve of EUR 15 300 000 to tackle the consequences of this conflict; calls, therefore, on the Centre to inform the discharge authority of the progress of the negotiations and of staff costs (in relation to time and expenditure) incurred as a result of this conflict;

      Internal audit

               7.

               Notes that the Centre set up an internal audit function in 2006 and that that position has been occupied since February 2008;

               8.

               Acknowledges that most of the recommendations of the Internal Audit Services (IAS) have now been implemented; considers that it is highly important for the Centre to implement fully a policy on sensitive posts and staff mobility;

      Human resources

               9.

               Observes that only 81 % of the posts provided for were occupied by officials and temporary staff in December 2008; notes that the Centre has justified this inadequate figure by pointing to a lack of office space, which made it impossible to recruit in accordance with the establishment plan; considers nonetheless that the Centre should plan its recruitment procedures more realistically and effectively in order to respect the time limits and meet all the needs arising from an increase in the Centre’s staff;

               10.

               Encourages the Centre to establish comprehensive training maps based on requisite staff skills and capabilities in order to maintain a high level of competence of its staff; furthermore, supports the Centre in the steps taken by it to effectively monitor the quality of its training courses;

               11.

               Refers for other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 5 May 2010 (6) on the performance, financial management and control of the agencies.

      (1)  OJ C 304, 15.12.2009, p. 107.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 314, 7.12.1994, p. 1.

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

      (5)  OJ L 255, 26.9.2009, p. 145.

      (6)  Texts adopted, P7_TA(2010)0139. See page 241 of this Official Journal.


title: 2008/513/EC: Decision of the European Parliament of 24 April 2007 on the discharge for the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2005

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 187/99

         DECISION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   on the discharge for the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2005
   (2008/513/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2005, together with the Centre's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   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 302/93 of 8 February 1993 on the establishment of a European Monitoring Centre for Drugs and Drug Addiction (4), and in particular Article 11a 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 (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 Civil Liberties, Justice and Home Affairs (A6-0100/2007),

               1.

               Grants the director of the European Monitoring Centre for Drugs and Drug Addiction discharge for the implementation of the Centre's budget for the financial year 2005;

               2.

               Sets out its observations in the Resolution below;

               3.

               Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the director of the European Monitoring Centre for Drugs and Drug Addiction, 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

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 266, 31.10.2006, p. 43.

      (2)  OJ C 312, 19.12.2006, p. 86.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 36, 12.2.1993, p. 1, Regulation as last amended by Regulation (EC) No 1651/2003 (OJ L 245, 29.9.2003, p. 30).

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

               15.7.2008

               EN

               Official Journal of the European Union

               L 187/100

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   24 April 2007
   with observations forming an integral part of the Decision on the discharge for the implementation of the budget of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2005
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2005, together with the Centre's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   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 302/93 of 8 February 1993 on the establishment of a European Monitoring Centre for Drugs and Drug Addiction (4), and in particular Article 11a 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 (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 Civil Liberties, Justice and Home Affairs (A6-0100/2007),

               A.

               whereas the Court of Auditors stated that it obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2005 were reliable, and that, the underlying transactions, taken as a whole, were legal and regular,

               B.

               whereas on 27 April 2006 Parliament gave discharge to the director in respect of the implementation of the Centre's budget for the for the 2004 financial year (6) and in the resolution accompanying the discharge decision Parliament, inter alia,

                           —

                           regretted the very high level of transfers made; urged the Centre to respect more closely the budget originally set by the Budgetary Authority.

         General points concerning the majority of EU Agencies requiring individual discharge

               1.

               Considers that the ever-growing number of Community Agencies and the activities of certain of them do not seem to form part of an overall policy framework, and that the remits of some Agencies do not always reflect the real needs of the Union or the expectations of its citizens, and notes that in general terms the Agencies do not always have a good image or a good press;

               2.

               Invites the Commission therefore to define an overall policy framework for the setting up of new Community Agencies and to present a cost-benefit study before the setting up of any new Agency, while being careful to avoid any overlap of activities between Agencies or with the remits of other European organisations;

               3.

               Calls on the Court of Auditors to give its opinion on the cost-benefit study before Parliament takes its decision;

               4.

               Invites the Commission to present every five years a study on the added value of every existing Agency; invites all relevant institutions in the case of a negative evaluation of the added value of an Agency to take the necessary steps by reformulating the mandate of that Agency or by closing it;

               5.

               Considers it regrettable, given the growing number of regulatory Agencies, that the negotiations on the draft interinstitutional agreement on the operating framework for the European regulatory Agencies have not yet been concluded, and calls on the relevant departments of the Commission, in consultation with the Court of Auditors, to do their utmost to ensure that the agreement is brought to a rapid conclusion;

               6.

               Notes that the Commission's budgetary responsibility calls for closer linking of the Agencies to the Commission; calls on the Commission and the Council to take all necessary steps to give the Commission a blocking minority in the supervisory bodies of the regulatory Agencies by 31 December 2007 and to provide for such a minority from the outset when new Agencies are set up;

               7.

               Invites the Court of Auditors to create an additional chapter in its Annual Report, devoted to all Agencies to be discharged under the Commission's accounts in order to have a much clearer picture of the use of EU funds by Agencies;

               8.

               Recalls the principle according to which all Community Agencies, whether subsidised or not, are subject to discharge by the Parliament, even where a discharge authority exists by virtue of their constitutive texts;

               9.

               Calls on the Court of Auditors to perform performance audits for all Agencies and to report back to the relevant committees of Parliament, including the Committee on Budgetary Control;

               10.

               Notes that the number of Agencies is constantly increasing and that, in accordance with the Commission's political responsibility for the operation of the Agencies, which goes far beyond mere logistical support, there is an even higher need for the Directorates-General of the Commission charged with the setting up and monitoring of Agencies to develop a common approach to the Agencies; considers that a structure similar to the one created by the Agencies for coordination among the DGs concerned would be a pragmatic way forward towards a common approach by the Commission on all matters relating to the Agencies;

               11.

               Invites the Commission to improve administrative and technical support to the Agencies, taking into account the growing complexity of the Community's administrative rules and technical problems;

               12.

               Notes the lack of a disciplinary body in any of the Community Agencies, and calls on the Commission to take the necessary steps to ensure that such a mechanism is rapidly put in place;

               13.

               Welcomes the considerable improvements in the coordination among the Agencies, which allows them to tackle recurring problems and makes cooperation with the Commission and Parliament more efficient;

               14.

               Takes the view that the establishment by a number of Agencies of a shared support service aimed at making their computerised financial management systems consistent with those of the Commission is a measure that should be taken further and extended;

               15.

               Calls upon the Agencies to improve their cooperation and benchmarking with actors in the field; urges the Commission to adopt any measures it considers necessary to help the Agencies enhance their image and raise the profile of their activities;

               16.

               Calls upon the Commission to come up with a proposal to harmonise the format of the annual reporting by the Agencies and to develop performance indicators which would allow a comparison of their efficiency;

               17.

               Invites the Agencies to present at the beginning of every year performance indicators against which they could be measured;

               18.

               Invites all Agencies to increasingly use SMART objectives which should lead to more realistic planning and implementation of goals;

               19.

               Agrees with the Court of Auditors that the Commission also bears responsibility for the (financial) management of the Agencies; therefore, urges the Commission to monitor and where necessary direct and help the management of the different Agencies, especially in relation to the proper application of tender procedures, transparency of recruitment procedures, sound financial management (underspending and overbudgeting) and most importantly the proper application of the rules concerning the internal control framework;

               20.

               Considers that the Agencies' work programmes should express their contributions in operational and measurable terms and that due consideration should be given to the Commission's Internal Control Standards;

         Specific points

               21.

               Notes that the utilisation rate of commitment appropriations is greater than 90 %, whereas the corresponding rate for payment appropriations is only 85 %; notes also that expenditure on administration shows a high carry-over rate of almost 40 %; invites the Centre to manage its procurement policy better, in order to avoid carrying over appropriations, which makes management more cumbersome;

               22.

               Welcomes that, for the purposes of management, the Centre has prepared an activity-based budget; invites the Centre to take further this initiative with a view to improved performance monitoring and evaluation of its effectiveness by introducing analytical accounts so that the cost of the Centre's various activities can be ascertained;

               23.

               Invites the Centre to include the fixed asset inventory systems into the general accounts as without a reliable labelling system, the traceability of the assets entered in the inventory cannot be assured;

               24.

               Notes deficiencies in staff recruitment procedures; invites the Centre to apply recruitment procedures correctly;

               25.

               Notes that at the end of 2004, a member of staff was sent on a long-term (two-year) mission to Brussels; invites the centre to explain fully this procedure; asks the Centre and the Commission to investigate the case and to take measures to avoid recurrence of such a case in the future;

               26.

               Notes that a number of anomalies were revealed in the course of checks on procurement and contracting procedures; invites the Centre to fully apply procurement and contracting procedures in order to avoid similar situations as occurred in 2005.

      (1)  OJ C 266, 31.10.2006, p. 43.

      (2)  OJ C 312, 19.12.2006, p. 86.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 36, 12.2.1993, p. 1, Regulation as last amended by Regulation (EC) No 1651/2003 (OJ L 245, 29.9.2003, p. 30).

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

      (6)  OJ L 340, 6.12.2006, p. 85.


Avis juridique important

|

31989D0543

89/543/EEC: Commission Decision of 6 October 1989 accepting undertakings and terminating the investigation under Article 13 (10) of Regulation (EEC) No 2423/88 concerning certain serial-impact dot-matrix printers assembled in the Community

Official Journal L 291 , 10/10/1989 P. 0057 - 0059

*****COMMISSION  DECISION  of 6 October 1989  accepting undertakings and terminating the investigation under Article 13 (10) of Regulation (EEC) No 2423/88 concerning certain serial-impact dot-matrix printers assembled in the Community  (89/543/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 13 (10) thereof,  After consultations within the Advisory Committee as provided for under the abovementioned Regulation,  Whereas:  A. Procedure  (1) In November 1988, the Commission received a complaint lodged by the Committee of European Printer Manufacturers (Euro Print) on behalf of the procedures of serial-impact dot-matrix printers (SIDM printers) whose collective output represents a major proportion of Community production of the product in question.  The complaint contained sufficient evidence of the fact that, following the opening of the investigation concerning SIDM printers originating in Japan (2), which led to the adoption of Council Regulation (EEC) No 3651/88 (3) imposing a definitive anti-dumping duty on imports of these products, a number of companies were assembling SIDM printers in the Community under the conditions referred to in Article 13 (10) of Regulation (EEC) No 2423/88.  Accordingly, after consultation, the Commission announced by a notice published in the Official Journal of the European Communities (4), the initiation of the investigation under the said Article 13 (10) concerning SIDM printers assembled in the Community by companies related to or associated with the following Japanese manufacturers whose exports were subject to a definitive anti-dumping duty:  - Brother Industries Ltd,  - Citizen Watch Co. Ltd,  - Fujitsu Ltd,  - Juki Corporation,  - Matsushita Electric Co.,  - NEC Corporation,  - OKI Electric Industry Co. Ltd,  - Seiko Epson Corporation,  - Seikosha Co. Ltd,  - Star Micronics Co. Ltd,  - Tokyo Electric Company.  (2) The Commission so advised the companies concerned, the representatives of Japan and the complainants, and gave the parties directly concerned the opportunity to make known their views in writing and to request a hearing.  (3) All the companies concerned and the complainants made their views known in writing and requested and were granted hearings by the Commission.  (4) Following the opening of the investigation, it was established that no SIDM printers were assembled or produced in the Community by or on behalf of Juki Corporation.  (5) No submissions were made by purchases of SIDM printers assembled in the Community. The Commission sought and verified all information it deemed necessary for the purpose of the assessment of the character of the alleged assembly operations and carried out investigations at the premises of the following companies:  - Brother Industries Ltd (United Kingdom),  - Citizen Manufacturers Ltd (United Kingdom),  - Epson Telford Ltd (United Kingdom),  - Epson Engineering SA (France),  - Fujitsu España SA (Spain),  - Matsushita Electronic Industrial Co. Ltd (United Kingdom),  - NEC Technologies Ltd (United Kingdom),  - OKI Electronic Industry Ltd (United Kingdom),  - Seikosha (Europe) GmbH (Germany),  - Star Micronics Manufacturing Ltd (United Kingdom),  - TEC Elektronik GmbH (Germany).  (6) Furthermore, the Commission carried out an investigation at the premises of some suppliers of components to some of the companies involved.  (7) The period of investigation was from 1 July to 31 December 1988.  B. Relationship or association with exporter  (8) All companies referred to in the fifth recital were found to be related to or associated with the Japanese manufacturers whose exports of SIDM printers were subject to the definitive anti-dumping duty imposed by Regulation (EEC) No 3651/88. In fact these companies were found to be wholly or partially owned subsidiaries of the Japanese manufacturers mentioned above.  C. Production  (9) The Commission established that the assembly or production operations carried out by all the companies listed in the fifth recital had started or substantially increased after the opening of the anti-dumping investigation.  (10) One of the companies declared that a part of the SIDM printers produced during the reference period had been manufactured by components imported from Japan after the initiation of the original anti-dumping investigation but before the introduction of the anti-dumping duty. It claimed that these printers should not be taken into account in the overall amount of the printers manufactured during the reference period.  (11) The Commission does not accept this view, since Article 13 (10) refers specifically to products assembled or produced in the Community and to the parts and materials used therein. Consequently, the overall amount of the SIDM printers actually produced or assembled during the reference period was taken into account.  D. Parts  (12) The parts were identified according to the provisions of Article 13 (10) of Regulation (EEC) No 2423/88. It was requested by some companies that the printed circuit board (PCB) be considered as a composite item and consequently its value broken down into the values of its individual constituent parts. Other companies submitted that the PCB should be considered as a single part and accordingly its value be determined as a whole. The Commission, after detailed examination, deemed it appropriate, in line with previous practice, to consider the PCB, given the nature of its structure, as a single part.  (13) As in previous cases, the value of the parts in question was generally determined on the basis of the companies' purchase prices of these parts when delivered to the factories in the Community. The relevant value is that of the parts and materials as they are used in the assembly operations, i.e. on an into factory basis. In one case, it was established that the value supplied to the Commission for some parts imported from Japan corresponded to the parent company's purchase prices in the Japanese market, adjusted to include the costs of transport and the customs duties paid. This method of calculating the value of the Japanese parts cannot be accepted since it does not reflect a reasonable profit and selling expenses for the selling company and therefore appears to be influenced by the relationship between the seller (parent company) and the buyer (subsidiary company). Consequently an adjustment was made to take account of such elements.  (14) The origin of the parts was taken into account according to the provisions of Council Regulation (EEC) No 802/68 (1), as last amended by Regulation (EEC) No 1769/89 (2).  (15) It was also requested by several companies that the costs of production of certain items incurred by them in the Community be included in the value of Community parts. Where such items constituted parts or materials within the meaning of Article 13 (10) (a) of Regulation (EEC) No 2423/88 and where such parts had acquired an origin other than Japanese in conformity with Regulation (EEC) No 802/68, the inclusion of such costs in the value of non-Japanese parts was considered appropriate.  (16) For the following companies:  - Brother,  - Citizen,  - Fujitsu,  - Matsushita,  - OKI,  - Seikosha,  - TEC,  the weighted average value of Japanese parts or materials for all models produced by them was found to be respectively such as not to exceed the value of all other parts or materials used by at least 50 %.  Accondingly the anti-dumping duty cannot be extended to the SIDM printers assembled in the Community by those companies.  (17) For the other companies investigated the weighted average value of Japanese parts for all models produced was found as follows:  - Epson France: 67 %,  - Epson UK: 73 %,  - NEC: 68 %,  - Star: 98 %.  E. Other circumstances  (18) Consideration was given to other relevant circumstances with regard to the assembly operations referred to above, in accordance with Article 13 (10) (a) of Regulation (EEC) No 2423/88.  (19) As regards these aspects, the amount of research and development technology applied within the Community was, however, generally minimal and related merely to assembly.  F. Conclusions  (20) In view of the foregoing, it is concluded that the anti-dumping duty should be extended to certain SIDM printers assembled in the Community and the Commission has proposed, and the Council adopted, a Regulation appropriately extending the anti-dumping duty.  G. Undertakings  (21) The companies against which protective measures are considered necessary have been informed of the essential facts and considerations on the basis of which the present measures have been proposed. Certain of these companies offered undertakings referring, in particular to the adjustment by the end of the reference period, of a certain proportion of parts not originating in Japan. In the light of the undertakings offered by Epson France and Epson UK and of the results of the verification the Commission is satisfied that the changes in the sourcing of parts and materials of these companies' assembly or production operation in the Community are sufficient for the undertakings to be accepted,  HAS DECIDED AS FOLLOWS:  Article 1  The proceeding under Article 13 (10) of Regulation (EEC) No 2423/88 concerning serial-impact dot-matrix printers incorporating a print system by needles, falling within CN code ex 8471 92 90 is hereby terminated without the imposition of protective measures, with regard to Brother Industries Ltd, Citizen Manufacturers Ltd, Fujitsu Espana SA, Matsushita Electronic Industrial Co. Ltd, OKI Electronic Industry Ltd, Seikosha (Europe) GmbH and TEC Elektronik GmbH.  Article 2  1. The undertakings offered by Epson Engineering SA and Epson Telford Ltd concerning the product described in Article 1 and put on the Community market after having been assembled in the Community by them are hereby accepted.  2. The investigation under Article 13 (10) of Regulation (EEC) No 2423/88 concerning the product indicated in paragraph 1 is hereby terminated with regard to Epson Engineering SA and Epson Telford Ltd.  Done at Brussels, 6 October 1989.  For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No C 111, 25. 4. 1987, p. 2.  (3) OJ No L 317, 24. 11. 1988, p. 33.  (4) OJ No C 327, 20. 12. 1988, p. 8.  (1) OJ No L 148, 28. 6. 1968, p. 1.  (2) OJ No L 174, 22. 6. 1989, p. 11.


               12.2.2016

               EN

               Official Journal of the European Union

               C 55/135

         P7_TA(2013)0207
   Oral amendments and other oral modifications (interpretation of Rule 156(6) of the Rules of Procedure)
   European Parliament decision of 21 May 2013 concerning oral amendments and other oral modifications (interpretation of Rule 156(6) of the Rules of Procedure)
   (2016/C 055/26)

      The European Parliament,

               —

               having regard to the letter of 24 April 2013 from the Chair of the Committee on Constitutional Affairs,

               —

               having regard to Rule 211 of its Rules of Procedure,

               1.

               Decides to append the following interpretation to Rule 156(6):
               ‘On a proposal from the President, an oral amendment, or any other oral modification, shall be treated in the same way as an amendment not distributed in all the official languages. If the President considers it admissible under Rule 157(3), and save in the case of objection under Rule 156(6), it shall be put to the vote in accordance with the order of voting established.
               In committee, the number of votes needed to object to such an amendment or such a modification is established on the basis of Rule 196 proportionally to that applicable in plenary, rounded up where necessary to the nearest complete number.’

               2.

               Instructs its President to forward this decision to the Council and the Commission, for information.


title: 2004/613/EC: Commission Decision of 6 August 2004 concerning the creation of an advisory group on the food chain and animal and plant health

text:
               25.8.2004

               EN

               Official Journal of the European Union

               L 275/17

      COMMISSION DECISION

   of 6 August 2004
   concerning the creation of an advisory group on the food chain and animal and plant health
   (2004/613/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Whereas:

               (1)

               In its White Paper on European governance adopted on 25 July 2001 (1), the Commission committed itself to opening up the policy-making process in the European Union to involve more people and organisations in developing and implementing policies.

               (2)

               On 11 December 2002 the Commission adopted a communication on the ‘General principles and minimum standards for consultation of interested parties by the Commission’ (2), to ensure a consistent approach to consultation on the part of all the Commission's departments and to make the consultation process more transparent.

               (3)

               It is necessary for the Commission to consult and inform consumers and socio-professional circles concerned with issues relating to labelling and presentation of food and feed, food and feed safety, human nutrition in relation to food legislation, animal health and animal welfare, as well as plant health.

               (4)

               Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (3) provides for open and transparent public consultation, directly or through representative bodies, during the preparation, evaluation and revision of food law, except where the urgency of the matter does not allow it.

               (5)

               The White Paper on food safety adopted by the Commission on 12 January 2000 (4) provides for the creation of an advisory group on food safety by reorganising the existing advisory committees (Action 81).

               (6)

               The Advisory Committee on Foodstuffs was established by Commission Decision 80/1073/EEC (5).

               (7)

               Other advisory committees dealing with matters covered by the common agricultural policy were established by Commission Decision 98/235/EEC (6).

               (8)

               Past experience has shown the need to regroup and reorganise the different advisory committees on matters concerning the food chain and animal and plant health and to improve their operation.

               (9)

               It is essential to establish ongoing systems for the consultation of citizens at European level during the preparation, evaluation and revision of Community food law.

               (10)

               In view of the need for an integrated approach to the food chain and animal and plant health in order to protect consumers, it is important to include all issues of food legislation in the consultation systems, including aspects relating to the labelling and presentation of food and feed, safety of food and feed, human nutrition in relation to food legislation, animal health, including measures relating to animal welfare, and the various aspects of plant health, such as plant protection, plant protection products and their residues, and conditions for the marketing of seed and propagation material, including biodiversity, and including matters pertaining to industrial property.

               (11)

               In view of the broad field of consultation in question and the subsequently large number of interested parties, an effective ongoing consultation system will involve the consultation of citizens through bodies representing interests related to the food chain and animal and plant health at European level, although the direct consultation of citizens must still be possible.

               (12)

               The socioeconomic players involved, including consumer associations in Member States, have set up organisations at European Union level to represent interests related to the food chain and animal and plant health at European level.

               (13)

               The quality of consultation systems depends on a direct dialogue between the Commission and representative European bodies taking place at structured meetings in the context of an advisory group, especially with regard to the Commission's programme of work on food issues.

               (14)

               For practical reasons connected with the organisation of meetings, the composition of the advisory group should not be too broad; however, adequate representation of the interests of the food chain and animal and plant health should be ensured. As the group will be consulted in particular on the Commission's programme of work, it will in practice be essential for it to embrace the representative bodies that are the most capable of protecting, at European level, general interests connected with the food chain and animal and plant health.

               (15)

               To ensure that the group works efficiently and transparently, its operating procedures should include the possibility of organising working group meetings which would be open to other interested parties or bodies, where necessary.

               (16)

               In the interests of clarity, Decision 80/1073/EEC should be repealed,

         HAS DECIDED AS FOLLOWS:
   Article 1
   An advisory group on the food chain and animal and plant health, hereinafter called ‘the group’, shall be set up and attached to the Commission.
   Article 2
   Tasks
   1.   The Commission shall consult the group on its programme of work in the following fields:

               —

               food and feed safety,

               —

               food and feed labelling and presentation,

               —

               human nutrition, in relation to food legislation,

               —

               animal health and welfare,

               —

               matters relating to crop protection, plant protection products and residues thereof, and conditions for the marketing of seed and propagation material, including biodiversity, and including matters pertaining to industrial property.

         2.   In addition, the Commission will be able to consult the group on any measures which the Commission has to take or propose in these fields.
   Article 3
   Composition of the group
   1.   The group shall be composed of no more than 45 representatives of representative European bodies. These bodies must have as their objective the protection of interests in the fields referred to in Article 2(1) and must meet the following criteria: general nature of the interests protected, representation covering all or most Member States and permanent existence at Community level with direct access to members’ expertise to permit swift and coordinated reactions.
   2.   Within one month of the date of adoption of this Decision, the Commission shall invite bodies wishing to participate in the group to express their interest within one month, and to explain their interest and the way in which they meet the above criteria.
   3.   The Commission shall select the bodies which most effectively meet the above criteria and shall draw up a list of bodies to be published in the Official Journal of the European Union.
   4.   Each body selected shall ensure coordination of consultation and information activities within its own organisation so as to present views of the interests it represents which are as representative as possible.
   Article 4
   Working methods
   1.   The group shall in principle meet twice a year at the premises of the Commission and whenever the Commission considers a meeting necessary.
   2.   Working groups may be created to examine specific questions on the basis of terms of reference set by the group or whenever necessary.
   3.   The Commission may invite experts or observers, including representative bodies from non-member States, where appropriate or necessary, to participate in the work of the group or working groups.
   4.   The group and any working group shall meet according to the arrangements and the timetable set by the Commission, and shall be chaired by the Commission.
   5.   The group shall adopt its own Rules of Procedure on the basis of a proposal from the Commission. The Commission's departments shall provide secretarial services for the meetings and work of the group and any working groups.
   6.   The Commission shall ensure publicity for the work of the group.
   Article 5
   Confidentiality
   Members of the group, ad hoc experts and any other persons invited to the group's meetings as observers shall be obliged not to disclose information which has come to their knowledge through the work of the group or its working groups and which has been classified by the Commission as confidential. In such cases, the Commission may decide that only the members of the group may receive such information and attend meetings.
   Article 6
   Final provision
   Commission Decision 80/1073/EEC setting up an Advisory Committee on Foodstuffs is repealed.
   Article 7
   Entry into force
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 6 August 2004.

            For the Commission

         David BYRNE

            Member of the Commission

      (1)  COM(2001) 428 final.

      (2)  COM(2002) 704 final.

      (3)  OJ L 31, 1.2.2002, p. 1. Regulation as amended by Regulation (EC) No 1642/2003 (OJ L 245, 29.9.2003, p. 4).

      (4)  COM(1999) 719 final.

      (5)  OJ L 318, 26.11.1980, p. 28.

      (6)  OJ L 88, 24.3.1998, p. 59.