title: 2005/476/EC: Council Decision of 21 June 2005 on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the United States of America relating to the method of calculation of applied duties for husked rice and amending Decisions 2004/617/EC, 2004/618/EC and 2004/619/EC

text:
               1.7.2005

               EN

               Official Journal of the European Union

               L 170/67

         COUNCIL DECISION
   of 21 June 2005
   on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and the United States of America relating to the method of calculation of applied duties for husked rice and amending Decisions 2004/617/EC, 2004/618/EC and 2004/619/EC
   (2005/476/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 26 June 2003, the Council authorised the Commission to open negotiations under Article XXVIII of the GATT 1994 with a view to modifying certain concessions for rice. Accordingly, the European Community notified the WTO on 2 July 2003 of its intention to modify certain concessions in EC Schedule CXL.

               (2)

               Negotiations have been conducted by the Commission in consultation with the Committee established by Article 133 of the Treaty and within the framework of the negotiating directives issued by the Council.

               (3)

               The Commission has negotiated with the United States of America, having a principal supplying interest in products of HS code 1006 20 (husked rice) and substantial supplier interest in products of HS code 1006 30 (milled rice), Thailand, having a principal supplying interest in products of HS code 1006 30 (milled rice) and substantial supplier interest in products of HS code 1006 20 (husked rice) and India and Pakistan, each having a substantial supplier interest in products of HS code 1006 20 (husked rice).

               (4)

               The Agreements with India and with Pakistan have been approved on behalf of the Community by Council Decisions 2004/617/EC (1) and 2004/618/EC (2) respectively. A new tariff rate for husked rice (CN code 1006 20) and milled rice (CN code 1006 30) was fixed by Council Decision 2004/619/EC (3).

               (5)

               The Commission has successfully negotiated an Agreement in the form of an Exchange of Letters between the European Community and the United States of America which should therefore be approved.

               (6)

               In order to ensure that the Agreement may be fully applied as from 1 March 2005 and pending the amendment of Council Regulation (EC) No 1785/2003 of 29 September 2003 on the common organisation of the market in rice (4), the Commission should be authorised to adopt temporary derogations from that Regulation, and to adopt implementing measures.

               (7)

               For the same reason the corresponding derogations contained in Decisions 2004/617/EC, 2004/618/EC and 2004/619/EC should also be extended until 30 June 2006.

               (8)

               For the sake of legal certainty, it is also appropriate to clarify in Decisions 2004/617/EC and 2004/618/EC that the authorisation given to the Commission to adopt temporary derogations from Regulation (EC) No 1785/2003 for implementing the Agreements concerned also includes the authorisation to adopt detailed implementing measures.

               (9)

               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 (5),

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters between the European Community and the United States of America relating to the method of calculation of applied duties for husked rice is hereby approved on behalf of the Community.
   The text of the Agreement is attached to this Decision.
   Article 2
   1.   To the extent necessary to permit the full application of this Agreement as from 1 March 2005, the Commission may derogate from Regulation (EC) No 1785/2003, in accordance with the procedure referred to in Article 6(2) of this Decision, until that Regulation is amended but at the latest until 30 June 2006.
   2.   The Commission shall adopt the detailed rules for implementing the Agreement in accordance with the procedure laid down in Article 6(2) of this Decision.
   Article 3
   Article 2 of Decision 2004/617/EC shall be replaced by the following:

      ‘Article 2
      1.   To the extent necessary to permit the full application of this Agreement by 1 September 2004, the Commission may derogate from Regulation (EC) No 1785/2003, in accordance with the procedure referred to in Article 3(2) of this Decision, until that Regulation is amended but at the latest until 30 June 2006.
      2.   The Commission shall adopt the detailed rules for implementing the Agreement in accordance with the procedure referred to in Article 3(2) of this Decision.’

   Article 4
   Article 2 of Decision 2004/618/EC shall be replaced by the following:

      ‘Article 2
      1.   To the extent necessary to permit the full application of this Agreement by 1 September 2004, the Commission may derogate from Regulation (EC) No 1785/2003, in accordance with the procedure referred to in Article 3(2) of this Decision, until that Regulation is amended but at the latest until 30 June 2006.
      2.   The Commission shall adopt the detailed rules for implementing the Agreement in accordance with the procedure referred to in Article 3(2) of this Decision.’

   Article 5
   In Article 2 of Decision 2004/619/EC, the date ‘30 June 2005’ shall be replaced by the date ‘30 June 2006’.
   Article 6
   1.   The Commission shall be assisted by the Management Committee for Cereals instituted by Article 25 of Regulation (EC) No 1784/2003 (6).
   2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
   The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.
   3.   The Committee shall adopt its Rules of Procedure.
   Article 7
   The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the Community (7).

      Done at Luxemburg, 21 June 2005.

            For the Council

            The President

         F. BODEN

      (1)  OJ L 279, 28.8.2004, p. 17.

      (2)  OJ L 279, 28.8.2004, p. 23.

      (3)  OJ L 279, 28.8.2004, p. 29.

      (4)  OJ L 270, 21.10.2003, p. 96.

      (5)  OJ L 184, 17.7.1999, p. 23.

      (6)  OJ L 270, 21.10.2003, p. 78.

      (7)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
   AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS
   between the European Community and the United States of America relating to the method of calculation of applied duties for husked rice
   Sir,
   Following negotiations between the European Community (EC) and the United States of America, the EC agrees to the conclusions as outlined below.
   Applied rate of duty for certain husked rice (CN code 1006 20)
   1.   The EC shall apply a rate of duty for certain husked rice in accordance with paragraphs 2 to 7.
   2.   Annual reference import level

               (a)

               First marketing year: in the first marketing year within the scope of this agreement (1 September 2004 to 31 August 2005), the annual reference import level shall be calculated as the average volume of total husked rice imports entering the EC-25 from all origins in the marketing years 1 September 1999-31 August 2000, 1 September 2000-31 August 2001, and 1 September 2001-31 August 2002, less imports of Basmati husked rice into the EC-25, plus 10 % (i.e. 431 678 MT).

               (b)

               Increase in subsequent marketing years: for each marketing year 2005/06, 2006/07 and 2007/08, the annual reference import level shall be increased by 6 000 MT/year from the level of the previous marketing year. No later than 90 days before the end of the marketing year 1 September 2007, to 31 August 2008, both parties shall enter into consultations on the annual increase for subsequent marketing years, taking into account the developments in the EC’s rice market notably as regards the evolution of consumption, and shall agree on the annual increase no later than 31 August 2008.

         3.   Six-month reference import level: in each marketing year, a six-month reference import level shall be calculated as 50 percent of the annual reference import level calculated in paragraph 2 above, which in the first marketing year would be 215 839 MT.
   4.   Mid-year adjustment to applied tariff rate: within 10 days after the end of the first six months of each marketing year, the EC shall review and, if necessary, adjust the applied tariff rate as follows:

               (a)

               if actual husked rice imports for the just-completed six-month period are more than 15 percent below the six-month reference import level for that period, as calculated under paragraph 3 above (i.e., for the first marketing year less than 183 463 MT), the EC shall apply a tariff rate of EUR 30/MT;

               (b)

               if actual husked rice imports for the just-completed six-month period are more than 15 percent above the six-month reference import level for that period, as calculated under paragraph 3 above (i.e., for the first marketing year more than 248 215 MT), the EC shall apply a tariff rate of EUR 65/MT;

               (c)

               if actual husked rice imports for the just-completed six-month period are within 15 percent (inclusive) of the six-month reference import level for that period, as calculated under paragraph 3 above (i.e., for the first marketing year between 183 463 and 248 215 MT), the applied rate shall be EUR 42,5/MT.

         For purposes of (a) through (c) above, actual husked rice imports are all imports entering the EC-25 from all origins under the CN codes 1006 20 less imports of Basmati husked rice into the EC-25.
   5.   End-of-year adjustment to applied tariff rate: within 10 days after the end of the marketing year, the EC shall review and, if necessary, adjust the applied tariff rate as follows:

               (a)

               if actual husked rice imports for the just-completed marketing year are more than 15 percent below the annual reference import level for that twelve-month period, as calculated under paragraph 2 above (i.e., for the first marketing year less than 366 926 MT), the EC shall apply a tariff rate of EUR 30/MT;

               (b)

               if actual husked rice imports for the just-completed marketing year are more than 15 percent above the annual reference import level for that twelve-month period, as calculated under paragraph 2 above (i.e., for the first marketing year more than 496 430 MT), the EC shall apply a tariff rate of EUR 65/MT;

               (c)

               if actual husked rice imports for the just-completed marketing year are within 15 percent (inclusive) of the annual reference import level for that twelve-month period, as calculated under paragraph 2 above (i.e., for the first marketing year between 366 926 and 496 430 MT), the EC shall apply a tariff rate of EUR 42,5/MT.

         For purposes of (a) through (c) above, actual husked rice imports are all imports entering the EC-25 from all origins under the CN codes 1006 20 less imports of Basmati husked rice into the EC-25.
   6.   Data: The calculation of the annual and six-month actual import levels under paragraphs 4 and 5 above shall be determined using EC rice imports license data. The EC shall publish these data on the Internet on a weekly basis.
   7.   Transparency: The EC shall promptly provide public notice of any adjustment in the applied tariff rate.
   8.   Consultation: At the request of either party, the parties shall, within 30 days of the receipt of such a request, enter into consultations on matters covered by this agreement.
   9.   If the parties are unable to resolve the issues subject to consultation within 30 days after receipt of the request, the United States may submit written notification to the EC that it intends to exercise any rights under Article XXVIII:3(a) of the GATT 1994 as provided in paragraph 10 below and the EC may submit written notification to the United States that it intends to withdraw from the present agreement as provided in paragraph 11 below.
   10.   Extension of deadline for exercise of any rights under Article XXVIII of the GATT 1994:

               (a)

               The parties agree that the deadline for withdrawal of substantially equivalent concessions pursuant to Article XXVIII:3(a) shall be considered to be extended. Accordingly, the United States may exercise any right to withdraw substantially equivalent concessions under Article XXVIII:3(a) at any time after the expiration of 30 days written notice to the EC of the U.S. intent to exercise such rights, and the EC shall not assert that the United States is precluded from taking action pursuant to Article XXVIII:3(a) on the ground that the action was untimely.

               (b)

               Notwithstanding (a) above, the United States shall not exercise any right to withdraw substantially equivalent concessions unless it has requested consultations and provided notification pursuant to paragraph 9 above. Should the EC withdraw from the agreement, the US shall be entitled to exercise any applicable rights under Article XXVIII:3(a) with immediate effect.

         11.   The EC shall not withdraw from the present agreement unless it has requested consultations and provided notification pursuant to paragraph 9 above. The EC may withdraw from the agreement at any time after the expiration of 30 days from the notification referred to in paragraph 9. Should the United States withdraw concessions pursuant to paragraph 10 above, the EC shall be entitled to withdraw from the present agreement with immediate effect.
   12.   Subject to the provisions of paragraph 10, this agreement is without prejudice to any right of the EC to challenge any withdrawal of concessions by the United States if it considers the withdrawal to be incompatible with Article XXVIII of the GATT 1994 or other relevant provisions of the WTO Agreement.
   13.   The EC shall consult and cooperate with the United States to obtain the approval by the WTO General Council of the extension of the deadline for withdrawal of substantially equivalent concessions pursuant to Article XXVIII:3(a).
   14.   This agreement shall be approved by the parties in accordance with their own procedures. The EC considers that this agreement shall not serve as a precedent for future Article XXVIII negotiations.
   15.   The provisions of this agreement shall be applicable as from 1 March 2005. To this purpose, the EC shall put in place the necessary internal procedures in order to ensure the implementation of paragraph 4 for husked rice imports entering in the period 1 March 2005 to 31 August 2005.
   I would be grateful if you could confirm the agreement of your Government to the above.
   Please accept, Sir, the assurance of my highest consideration.

         On behalf of the European Community

   Sir,
   I have the honour to acknowledge receipt of your letter of today’s date, worded as follows:

      ‘Following negotiations between the European Community (EC) and the United States of America, the EC agrees to the conclusions as outlined below.
      Applied rate of duty for certain husked rice (CN code 1006 20)
      1.   The EC shall apply a rate of duty for certain husked rice in accordance with paragraphs 2 to 7.
      2.   Annual reference import level

                  (a)

                  First marketing year: in the first marketing year within the scope of this agreement (1 September 2004 to 31 August 2005), the annual reference import level shall be calculated as the average volume of total husked rice imports entering the EC-25 from all origins in the marketing years 1 September 1999-31 August 2000, 1 September 2000-31 August 2001, and 1 September 2001-31 August 2002, less imports of Basmati husked rice into the EC-25, plus 10 % (i.e. 431 678 MT).

                  (b)

                  Increase in subsequent marketing years: for each marketing year 2005/06, 2006/07 and 2007/08, the annual reference import level shall be increased by 6 000 MT/year from the level of the previous marketing year. No later than 90 days before the end of the marketing year 1 September 2007, to 31 August 2008, both parties shall enter into consultations on the annual increase for subsequent marketing years, taking into account the developments in the EC’s rice market notably as regards the evolution of consumption, and shall agree on the annual increase no later than 31 August 2008.

            3.   Six-month reference import level: in each marketing year, a six-month reference import level shall be calculated as 50 percent of the annual reference import level calculated in paragraph 2 above, which in the first marketing year would be 215 839 MT.
      4.   Mid-year adjustment to applied tariff rate: within 10 days after the end of the first six months of each marketing year, the EC shall review and, if necessary, adjust the applied tariff rate as follows:

                  (a)

                  if actual husked rice imports for the just-completed six-month period are more than 15 percent below the six-month reference import level for that period, as calculated under paragraph 3 above (i.e., for the first marketing year less than 183 463 MT), the EC shall apply a tariff rate of EUR 30/MT;

                  (b)

                  if actual husked rice imports for the just-completed six-month period are more than 15 percent above the six-month reference import level for that period, as calculated under paragraph 3 above (i.e., for the first marketing year more than 248 215 MT), the EC shall apply a tariff rate of EUR 65/MT;

                  (c)

                  if actual husked rice imports for the just-completed six-month period are within 15 percent (inclusive) of the six-month reference import level for that period, as calculated under paragraph 3 above (i.e., for the first marketing year between 183 463 and 248 215 MT), the applied rate shall be EUR 42,5/MT.

            For purposes of (a) through (c) above, actual husked rice imports are all imports entering the EC-25 from all origins under the CN codes 1006 20 less imports of Basmati husked rice into the EC-25.
      5.   End-of-year adjustment to applied tariff rate: within 10 days after the end of the marketing year, the EC shall review and, if necessary, adjust the applied tariff rate as follows:

                  (a)

                  if actual husked rice imports for the just-completed marketing year are more than 15 percent below the annual reference import level for that twelve-month period, as calculated under paragraph 2 above (i.e., for the first marketing year less than 366 926 MT), the EC shall apply a tariff rate of EUR 30/MT;

                  (b)

                  if actual husked rice imports for the just-completed marketing year are more than 15 percent above the annual reference import level for that twelve-month period, as calculated under paragraph 2 above (i.e., for the first marketing year more than 496 430 MT), the EC shall apply a tariff rate of EUR 65/MT;

                  (c)

                  if actual husked rice imports for the just-completed marketing year are within 15 percent (inclusive) of the annual reference import level for that twelve-month period, as calculated under paragraph 2 above (i.e., for the first marketing year between 366 926 and 496 430 MT), the EC shall apply a tariff rate of EUR 42,5/MT.

            For purposes of (a) through (c) above, actual husked rice imports are all imports entering the EC-25 from all origins under the CN codes 1006 20 less imports of Basmati husked rice into the EC-25.
      6.   Data: The calculation of the annual and six-month actual import levels under paragraphs 4 and 5 above shall be determined using EC rice imports license data. The EC shall publish these data on the Internet on a weekly basis.
      7.   Transparency: The EC shall promptly provide public notice of any adjustment in the applied tariff rate.
      8.   Consultation: At the request of either party, the parties shall, within 30 days of the receipt of such a request, enter into consultations on matters covered by this agreement.
      9.   If the parties are unable to resolve the issues subject to consultation within 30 days after receipt of the request, the United States may submit written notification to the EC that it intends to exercise any rights under Article XXVIII:3(a) of the GATT 1994 as provided in paragraph 10 below and the EC may submit written notification to the United States that it intends to withdraw from the present agreement as provided in paragraph 11 below.
      10.   Extension of deadline for exercise of any rights under Article XXVIII of the GATT 1994:

                  (a)

                  The parties agree that the deadline for withdrawal of substantially equivalent concessions pursuant to Article XXVIII:3(a) shall be considered to be extended. Accordingly, the United States may exercise any right to withdraw substantially equivalent concessions under Article XXVIII:3(a) at any time after the expiration of 30 days written notice to the EC of the U.S. intent to exercise such rights, and the EC shall not assert that the United States is precluded from taking action pursuant to Article XXVIII:3(a) on the ground that the action was untimely.

                  (b)

                  Notwithstanding (a) above, the United States shall not exercise any right to withdraw substantially equivalent concessions unless it has requested consultations and provided notification pursuant to paragraph 9 above. Should the EC withdraw from the agreement, the US shall be entitled to exercise any applicable rights under Article XXVIII:3(a) with immediate effect.

            11.   The EC shall not withdraw from the present agreement unless it has requested consultations and provided notification pursuant to paragraph 9 above. The EC may withdraw from the agreement at any time after the expiration of 30 days from the notification referred to in paragraph 9. Should the United States withdraw concessions pursuant to paragraph 10 above, the EC shall be entitled to withdraw from the present agreement with immediate effect.
      12.   Subject to the provisions of paragraph 10, this agreement is without prejudice to any right of the EC to challenge any withdrawal of concessions by the United States if it considers the withdrawal to be incompatible with Article XXVIII of the GATT 1994 or other relevant provisions of the WTO Agreement.
      13.   The EC shall consult and cooperate with the United States to obtain the approval by the WTO General Council of the extension of the deadline for withdrawal of substantially equivalent concessions pursuant to Article XXVIII:3(a).
      14.   This agreement shall be approved by the parties in accordance with their own procedures. The EC considers that this agreement shall not serve as a precedent for future Article XXVIII negotiations.
      15.   The provisions of this agreement shall be applicable as from 1 March 2005. To this purpose, the EC shall put in place the necessary internal procedures in order to ensure the implementation of paragraph 4 for husked rice imports entering in the period 1 March 2005 to 31 August 2005’.

   The United States of America has the honour of confirming its agreement with the content of this letter.
   Please accept, Sir, the assurance of my highest consideration.

         On behalf of the United States of America


title: Council Decision (CFSP) 2016/1137 of 12 July 2016 on the launch of the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA)

text:
               13.7.2016

               EN

               Official Journal of the European Union

               L 188/25

         COUNCIL DECISION (CFSP) 2016/1137
   of 12 July 2016
   on the launch of the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 28, Article 42(4) and Article 43(2) thereof,
   Having regard to Council Decision (CFSP) 2016/610 of 19 April 2016 on a European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) (1), and in particular Article 4 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 19 April 2016, the Council adopted Decision (CFSP) 2016/610.

               (2)

               Following the recommendation of the EU Mission Commander, EUTM RCA should be launched on 16 July 2016.

               (3)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark is not participating in the adoption of this Decision, is neither bound by it nor subject to its application, and does not participate in the financing of this mission,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Mission Plan and the Rules of Engagement concerning the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) are approved.
   Article 2
   EUTM RCA shall be launched on 16 July 2016.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 12 July 2016.

            For the Council

            The President

         P. KAŽIMÍR

      (1)  OJ L 104, 20.4.2016, p. 21.


title: 2009/246/EC: Council Decision of 16 February 2009 on the conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

text:
               19.3.2009

               EN

               Official Journal of the European Union

               L 73/19

      COUNCIL DECISION

   of 16 February 2009
   on the conclusion of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
   (2009/246/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 310 in conjunction with the second sentence of the first subparagraph of Article 300(2) and the second subparagraph of Article 300(3) thereof,
   Having regard to the 2005 Act of Accession, in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the assent of the European Parliament (1),
   Whereas:

               (1)

               The Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (hereinafter the Protocol), was signed on behalf of the European Community and its Member States at Luxembourg on 13 October 2008, subject to its conclusion at a subsequent date in accordance with Council Decision 2008/881/EC (2).

               (2)

               The Protocol should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Kingdom of Morocco, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union is hereby approved on behalf of the European Community and its Member States.
   The text of the Protocol is attached to this Decision (3).
   Article 2
   The President of the Council shall, on behalf of the Community and its Member States, deposit the acts provided for in Article 8 of the Protocol.

      Done at Brussels, 16 February 2009.

            For the Council

            The President

         O. LIŠKA

      (1)  Assent of 16 December 2008 (not yet published in the Official Journal).

      (2)  OJ L 324, 3.12.2008, p. 1.

      (3)  See OJ L 324, 3.12.2008, p. 3.


Avis juridique important

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31991D0240

91/240/EEC: Commission Decision of 29 April 1991 accepting undertakings offered by certain exporters in connection with the review of anti-dumping measures concerning imports of ferro-silicon originating in Brazil and terminating the investigation as regards those exporters

Official Journal L 111 , 03/05/1991 P. 0047 - 0051

COMMISSION DECISION  of 29 April 1991  accepting undertakings offered by certain exporters in connection with the review of anti-dumping measures concerning imports of ferro-silicon originating in Brazil and terminating the investigation as  regards those exporters  (91/240/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 10 thereof,  After consultation within the Advisory Committee as provided for in the above Regulation,  Whereas:  A. PROCEDURE  (1) Council Regulation (EEC) No 3650/87 (2) imposed a definitive anti-dumping duty on imports of ferro-silicon originating in Brazil. This duty does not apply to the product manufactured and exported by Companhia Brasileira Carbureto de Cálcio SA and  Electrometalur (currently trading as Rima SA) which were not dumping, nor to Italmagnesio SA, which, when the duty was imposed, offered a price undertaking which was considered acceptable by the Commission.  (2) Commission Regulation (EEC) No 2409/87 (3) and Council Regulation (EEC) No 341/90 (4) imposed measures on imports originating in the Soviet Union, Norway, Sweden, Iceland, Venezuela and Yugoslavia.  (3) In their request for a review lodged in November 1989, the Brazilian producers and/or exporters claimed that they were no longer dumping this product and that the Community industry was therefore no longer suffering material injury connected with  the dumping of Brazilian products. The measures adopted in 1987 should therefore be repealed or amended.  (4) Having decided, after consultation, that there was sufficient evidence to justify a review, the Commission began an investigation in accordance with Article 14 of Regulation (EEC) No 2423/88. As the Commission has, moreover, reason to believe that  the circumstances cited by some Brazilian exporters are equally applicable to other Brazilian producer/exporters, the review was extended to all Brazilian producer/exporters (5).  (5) The Commission officially notified the exporters, Community producers and importers known to be concerned and gave the parties concerned the opportunity to make known their views in writing and to request a hearing.  (6) The Community producers, the exporters and some importers made their views known in writing.  (7) Some exporters and several importers and consumers of ferro-silicon requested and were granted hearings.  (8) The Commission sought and verified all the information it deemed necessary for the purposes of determining dumping, injury and the threat of injury and carried out inspections at the premises of:  - Community producers  Pechiney Electrométallurgie SA, France,  SKW Trostberg AG, Germany,  Carburos Metálicos, Spain,  Industria Elettrica Indel, Italy,  Utilizzazioni Elettro Industrial (UEI), Italy.  - Community importers  Considar Europe SA, Belgium,  Sogem Rohstoffhandel GmbH, Germany.  - Brazilian producer/exporters  Companhia Brasileira Carbureto de Cálcio (CBCC),  Companhia Italmagnesio SA,  Companhia Ferroligas da Baía - Ferbasa,  Companhia Cimento Portland Maringa,  Companhia Paulista de Ferroligas,  Companhia Ferroligas Minas Gerais - Minas Ligas,  Companhia Ferroligas Piracicaba Lda,  Companhia Rima Electrometalurgia SA.  (9) The Commission received and used information from the importer Marc Rich, Zug, Switzerland.  (10) All producer/exporters were informed of the principal facts and considerations which would serve as the basis for the recommendation to impose definitive measures. They were also given time to submit their comments following the communication of  this information. Their comments were examined and, where appropriate, taken into account in the Commission's conclusions.  (11) The dumping investigation covered the period from 1 September 1989 to 30 April 1990.  B. PRODUCT  1. Description of the product  (12) The product concerned is ferro-silicon containing between 10 % and 96 % of silicon by weight and falling within CN codes 7202 21 10, 7202 21 90 and ex 7202 29 00.  2. Like product  (13) The Commission established that the ferro-silicon produced in the Community and that exported from Brazil were like products in all essential physical and technical properties.  C. DUMPING  1. Normal value  (14) In general, normal value was calculated firm by firm and month by month and based on the prices charged on the domestic market by seven Brazilian producers, five of which exported to the Community during the reference period and provided sufficient  evidence.  (15) Normal value was also calculated for two Brazilian produers which had not exported to the Community in the reference period. These exporters cooperated fully with the investigation and expressed a desire to export to the Community in the near  future.  (16) During the reference period, one Brazilian producer made negligible and unrepresentative domestic sales, averaging a loss. It was therefore necessary to find another method of calculating normal value. Normal value was constructed on the basis of  average monthly fixed and variable raw material and manufacturing costs - weighted according to the volume of export production - together with the selling costs, administrative expenditure and general overheads. Allowance was also made for a reasonable  profit margin of 6 %.  (17) To offset the inflationary effect of domestic prices in Brazil, normal values were expressed on a monthly basis in US dollars and according to the monthly average exchange rate.  2. Export prices  (18) Export prices - expressed in US dollars - were based on the prices actually paid or payable for products sold for export to the Community. Where exports were made to subsidiary companies in the Community or where there was a compensatory  arrangement between the exporter and the importer, export prices were determined on the basis of the price at which the imported product was first sold to an independent purchaser, with due allowance for all costs borne between import and resale of the  products concerned and for a reasonable profit margin of 3 %, calculated on the basis of the profit margin of independent importers of the product. All these sales were made before payment of the anti-dumping duty.  3. Comparison  (19) In comparing normal value with the export prices on a transaction-by-transaction basis, the Commission took account when appropriate and where sufficient evidence was provided, of differences affecting the comparability of prices; such adjustments  were concerned mainly with payment and delivery terms, transport and insurance costs and different forms of presentation and packaging.  (20) Costs resulting from non-recoverable waste, incurred at each loading and unloading in the export process, were also deducted from the export prices. Where producers had failed to quantify such costs, a percentage deemed reasonable in the light of  all the data verified during the investigation with other producers which did provide such evidence was deducted from the selling price to obtain the net ex-works price of exports.  (21) Given Brazil's high and relentless inflation, normal values and export prices were compared in US dollars.  (22) All comparisons were made at the ex-works stage.  4. Margin  (23) Comparison of normal value with the export prices for the period from September 1989 to April 1990 shows that five Brazilian producers' exports to the Community were being dumped, with the following average margins based on the  free-at-Community-frontier price:  - Italmagnesio SA: 66,56 %  - Companhia Cimento Portland  Maringa: 39,31 %  - Companhia Ferroligas da Baía: 41,18 %  - Companhia Ferroligas Minas Gerais: 26,03 %  - Rima Electrometalurgia SA: 12,18 %  - Companhia Brasileira Carbureto de  Cálcio SA: 0 %  D. INJURY  (24) The Commission's task was to determine whether, in spite of the anti-dumping measures imposed on certain exporters, there was injury or threat of injury.  I. Current situation  1. Volume and price of imports  (25) Brazilian exports to the Community have increased, rising from 7 000 tonnes in 1986 to 17 000 tonnes in 1987, the year the anti-dumping measures entered into force, and reaching some 22 000 tonnes in 1990. Brazil's market share grew from about 1 %  in 1986 to over 4 % in 1990. This relatively small market share must be considered in the light of that of other countries, such as Norway, Sweden, Iceland, Venezuela, the Soviet Union and Yugoslavia, which between them hold about 65 % and, having been  guilty of dumping, are subject to measures.  (26) The Commission also established that while during the reference period the resale prices of the imports originating in Brazil were improved by the anti-dumping measures in force, many cases were found in which they remained lower than those charged  by Community producers.  2. Impact on the Community industry  The Commission took note of the following information:  (a) Community capacity and production  (27) Between 1986 and 1990 Community production capacity fell from 285 000 to 252 000 tonnes; in reducing its capacity, the Community industry has sought to specialize to some extent in an attempt to limit its losses in the face of downward pressure  exerted - despite the anti-dumping measures in force - by exporters of non-member countries and Brazil in particular, on prices for standard and other products in the Community.  (28) Community production has fallen by about 41 %: standing at 227 000 tonnes in 1986, it fell to 133 000 tonnes in 1990 and part of this output was exported or stockpiled.  (b) Market share and consumption  (29) Between 1986 and 1990 the Community industry's market share shrank from 39 to 20 %, while annual Community consumption stabilized at about 500 000 tonnes in the same period: consumption obviously benefited imports from non-member countries,  including Brazil.   (c) Prices  (30) In almost all cases, the resale prices for dumped imports during the reference period would not have covered the costs of Community producers and allowed them a reasonable profit; in an attempt to preserve their sales and their share of the  Community market, Community producers were forced during the reference period to sell their products at ever-lower prices until they could not even cover costs.  (d) Profits  (31) The financial performance of the Community industry was negative from 1986 to 1987. Only in 1988 did a number of firms make a small profit. There was a brief recoverey in the first half of 1989 owing to a substantial increase in the selling prices  of the product in question. This relative improvement was modest, despite the upturn in the iron and steel industry, which is the main customer for the product concerned, and despite restructuring, which allowed better, though still not satisfactory,  capacity utilization. During the reference period, the Community industry once more registered appreciable losses. The current anti-dumping measures did, however, curb firm's losses at a time when prices were falling.  3. Cause and effect and other factors  (32) The combination of the increase in imports originating in Brazil, the increase in their market share, the pressure exerted by the prices of those imports and the worsening situation in the Community industry despite the restructuring undertaken by  the Community producers shows that the position of the Community industry remains precarious in spite of the current anti-dumping measures.  In such a situation, low-priced imports from Brazil further debilitate the industry and constitute an additional injury.  (33) The Commission examined whether other factors could be behind the injury caused to the Community industry, such as imports of products originating in other non-member countries. It established that, while other non-member countries held a  substantial share of the market, measures had been imposed on dumped imports from these countries, namely Norway, Sweden, Iceland, Venezuela, Yugoslavia and the Soviet Union. It would seem that all these countries have contributed to the difficulties of  the Community industry. These countries would be the object of discrimination, if measures were not taken against Brazil, which has also played a part in aggravating the situation in the Community.  (34) The Commission therefore concluded, on the basis of the evidence above, that the imports of products originating in Brazil concerned by this proceeding were, by themselves, a cause of material injury to the Community industry.  II. Threat of injury  (35) There has been a significant increase in dumped imports originating in Brazil. If sustained, this rate of increase would have grave consequences for the Community industry. Brazil's production capacity of 280 000 tonnes, moreover, accounts for  about 16 % of the total for market economy countries, which is also a significant proportion of world capacity. In 1989 its output reached about 230 000 tonnes, while domestic consumption peaked at about 120 000 tonnes. This disparity leaves about 100  000 tonnes available for export.  (36) As regards the possibility of Brazil adopting a more active export policy should the anti-dumping measures expire, it should be borne in mind that the Community is a very attractive market by virtue of its price levels, its terms of payment and the  quality of its currencies.  (37) The investigation has also shown that low-priced Brazilian imports constantly undercut the Community industry.  III. Conclusions  (38) In these circumstances, the Commission concludes that the present anti-dumping measures should be maintained in an amended form and new measures be imposed on some exporters.  E. COMMUNITY INTEREST  (38) It is in the Community's interest to restore fair competition, without disturbance by unfair practices. Continued dumping would threaten the survival of the Community industry.  In view of ferro-silicon's importance in steelmaking, it could not be in the Community's interest to depend wholly on non-Community suppliers, particularly since some are located at a great distance from the Community.  (40) The representatives of Community manufacturing industries and of individual firms have argued that it would be against the Community's interest to keep the protective measures in force, since they would weaken competitiveness against imports of  finished products originating in non-member countries.  (41) As is the case for any raw material, it is probable that price rises influence the costs of the manufacturing industries. However, no firm provided the Commission with clear evidence of a specific effect of ferro-silicon price increases on its  production costs; nor was evidence supplied of the possible impact of an increase in manufacturer's prices on their total sales. The Commission considers that the impact would be slight, particularly in view of the low percentage of ferro-silicon used  in the production of a tonne of steel and the relatively small proportion of the overall cost of a tonne of steel represented by this product.  (42) Having carefully compared the above arguments and the particularly serious problems faced by the Community ferro-silicon industry, which can be attributed to a significant extent to the imports in question, the Commission has concluded that it is  in the Community's interest to maintain anti-dumping measures.  F. UNDERTAKINGS  (43) The following Brazilian firms, which exported to the Community during the reference period,  - Companhia de Cimento Portland Maringa, Sao Paulo,  - Companhia de Ferroligas da Baía - Ferbasa, Pojuca,  - Companhia Ferroligas Minas Gerais - Minas Ligas, Contagem,  - Companhia Italmagnesio SA, Sao Paulo,  have offered satisfactory price undertakings to bring the import prices of ferro-silicon originating in Brazil up to a level considered sufficient to remove the injury to the Community industry.  (44) The following Brazilian firms, which although not exporting to the Community during the reference period had expressed their desire to do so in the future and also offered to cooperate actively with the Commission,  - Companhia Ferroligas Piracicaba Lda, Sao Paolo,  - Companhia Paulista de Ferroligas, Sao Paolo,  have committed themselves to price undertakings which are satisfactory in terms of normal value and considered sufficient to eliminate the injury to the Community industry.  (45) In view of the above, and bearing in mind that the circumstances of this case justify the application of such measures, the undertakings offered by the producer/exporters mentioned above are considered acceptable and the investigation concerning  the Brazilian producer/exporters listed in recitals 43 and 44 can accordingly be terminated.  G. DEFINITIVE DUTIES  (46) On the basis of the Commission's conclusions, the Council, by Regulation (EEC) No 1115/91 (6), has imposed definitive anti-dumping duties on imports of ferro-silicon originating in Brazil,  HAS DECIDED AS FOLLOWS:  Article 1  The undertakings offered by the following Brazilian firms,  - Companhia de Cimento Portland Maringa, Sao Paulo,  - Companhia de Ferroligas da Baía - Ferbasa, Pojuca,  - Companhia Ferroligas Minas Gerais - Minas Ligas, Contagem,  - Companhia Italmagnesio SA, Sao Paolo,  - Companhia Ferroligas Piracicaba Lda, Sao Paulo,  - Companhia Paulista de Ferroligas, Sao Paulo,  in connection with the anti-dumping proceeding concerning imports of ferro-silicon containing between 10 and 96 % of silicon by weight originating in Brazil and falling within CN codes 7202 21 10, 7202 21 90 and ex 7202 29 00, are hereby accepted.  Article 2  The investigation in connection with the anti-dumping proceeding concerning the firms referred to in Article 1 is hereby terminated. Done at Brussels, 29 April 1991. For the Commission  Frans ANDRIESSEN  Vice-President  (1) OJ No L 209, 2. 8. 1988, p. 1. (2) OJ No L 343, 5. 12. 1987, p. 1. (3) OJ No L 219, 8. 8. 1987, p. 24. (4) OJ No L 38, 10. 2. 1990, p. 1. (5) OJ No C 109, 3. 5. 1990, p. 5. (6)  See page 1 of this Official Journal.


title: Decision (EU, Euratom) 2016/1469 of the European Parliament of 28 April 2016 on the closure of the accounts of the general budget of the European Union for the financial year 2014, Section III — Commission

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/132

         DECISION (EU, EURATOM) 2016/1469 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on the closure of the accounts of the general budget of the European Union for the financial year 2014, Section III — Commission
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2014 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2014 (COM(2015) 377 – C8-0199/2015) (2),

               —

               having regard to the Commission’s report on the follow-up to the discharge for the 2013 financial year (COM(2015) 505), and to the accompanying Commission staff working documents (SWD(2015) 194, SWD(2015) 195),

               —

               having regard to the Commission communication of 3 June 2015 entitled 'Synthesis of the Commission's management achievements in 2014 (COM(2015) 279), and to the accompanying Annexes,

               —

               having regard to the Commission’s annual evaluation report on the Union’s finances based on the results achieved (COM(2015) 313) and to the accompanying Commission staff working documents (SWD(2015) 124, SWD(2015) 125),

               —

               having regard to the Commission’s annual report to the discharge authority on internal audits carried out in 2014 (COM(2015) 441), and to the accompanying Commission staff working document (SWD(2015) 170),

               —

               having regard to the Court of Auditors’ annual report on the implementation of the budget for the financial year 2014, together with the institutions’ replies (3), and to the Court of Auditors’ special reports,

               —

               having regard to the statement of assurance (4) 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 Commission in respect of the implementation of the budget for the financial year 2014 (05583/2016 – C8-0042/2016),

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the executive agencies in respect of the implementation of the budget for the financial year 2014 (05585/2016 – C8-0040/2016),

               —

               having regard to Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Article 106a of the Treaty establishing the European Atomic Energy Community,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5),

               —

               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 (6) and in particular Articles 62, 164, 165 and 166 thereof,

               —

               having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (7), and in particular Article 14(2) and (3) thereof,

               —

               having regard to Rule 93 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A8-0140/2016),

               1.

               Approves the closure of the accounts of the general budget of the European Union for the financial year 2014;

               2.

               Sets out its observations in the resolution forming an integral part of the decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section III – Commission and executive agencies, and in its resolution of 28 April 2016 on the Court of Auditors' special reports in the context of the Commission discharge for the financial year 2014 (8);

               3.

               Instructs its President to forward this decision to the Council, the Commission and the Court of Auditors, and to the national parliaments and the national and regional audit institutions of the Member States, 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 L 51, 20.2.2014.

      (2)  OJ C 377, 13.11.2015, p. 1.

      (3)  OJ C 373, 10.11.2015, p. 1.

      (4)  OJ C 377, 13.11.2015, p. 146.

      (5)  OJ L 248, 16.9.2002, p. 1.

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

      (7)  OJ L 11, 16.1.2003, p. 1.

      (8)  Texts adopted of that date, P8_TA(2016)0148 (see page 91 of this Official Journal).


title: 2004/716/EC: Decision of the European Parliament of 21 April 2004 concerning discharge to the Director of the European Monitoring Centre for Drugs and Drug Addiction in respect of the implementation of its budget for the financial year 2002

text:
               21.4.2004

               EN

               Official Journal of the European Union

               L 330/59

         DECISION OF THE EUROPEAN PARLIAMENT
   of 21 April 2004
   concerning discharge to the Director of the European Monitoring Centre for Drugs and Drug Addiction in respect of the implementation of its budget for the financial year 2002
   (2004/716/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors' report on the financial statements of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2002, together with the Centre's replies (1) (C5-0634/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0139/2004),
   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 (2), and in particular Article 185 thereof, and to Council Regulation (EC) No 1651/2003 of 18 June 2003 amending Regulation (EEC) No 302/93 on the establishment of a European Monitoring Centre for Drugs and Drug Addiction (3), 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 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,
   having regard to Rule 93a 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 Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0212/2004),

               1.

               Gives discharge to the Director of the European Monitoring Centre for Drugs and Drug Addiction in respect of the implementation of its budget for the financial year 2002;

               2.

               Records its comments in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Director of the European Monitoring Centre for Drugs and Drug Addiction, 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 Secretary-General

         Julian PRIESTLEY

            The President

         Pat COX

      (1)  OJ C 319, 30.12.2003, p. 62.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 30.

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

               21.4.2004

               EN

               Official Journal of the European Union

               L 330/60

         RESOLUTION
   of the European Parliament containing the comments accompanying the Decision on the discharge to the Director of the European Monitoring Centre for Drugs and Drug Addiction in respect of the implementation of its budget for the financial year 2002
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors' report on the financial statements of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2002, together with the Centre's replies (1) (C5-0634/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0139/2004),
   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 (2), and in particular Article 185 thereof, and to Council Regulation (EC) No 1651/2003 of 18 June 2003 amending Regulation (EEC) No 302/93 on the establishment of a European Monitoring Centre for Drugs and Drug Addiction (3), 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 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,
   having regard to Rule 93a 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 Citizens' Freedoms and Rights, Justice and Home Affairs (A5-0212/2004),

               A.

               Whereas the European Court of Auditors (ECA) stated in its abovementioned report that it had obtained reasonable assurance that the accounts for the financial year ended 31 December 2002 are reliable and that the underlying transactions, taken as a whole, are legal and regular.

               B.

               Whereas on 6 November 2003 Parliament gave discharge (5) to the Director of the European Monitoring Centre for Drugs and Drug Addiction in respect of the implementation of its budget for the 2001 financial year and at the same time Parliament in its resolution, inter alia:

                           —

                           welcomed the measures introduced by the Centre aimed at ensuring better monitoring, implementing, reporting on and assessment of its activities, and encouraged it to follow closely its operational activities with a view, in particular, to reducing carry-overs,

                           —

                           invited the Centre to intensify interinstitutional cooperation in the areas of purchasing goods and services and tendering procedures on the basis of best practice,

                           —

                           took the view that the Centre should seek an appropriate solution to its premises problem in line with the budgetary authority recommendations and stated that it would follow up this issue in the context of the next discharge procedure,

               1.

               Notes the following figures for the accounts of the European Monitoring Centre for Drugs and Drug Addiction for the financial years 2002 and 2001:
               Revenue and expenditure account for the financial years 2002 and 2001 (6)

                           (1000 euro)

                           2002

                           2001

                              Revenue

                           Subsidies received from the Commission

                           9 000

                           8 750

                           Subsidies received from Norway

                           413

                           399

                           Other subsidies

                           735

                           1 153

                           Other revenue

                           133

                           99

                              Total revenue (a)

                              10 280

                              10 401

                              Expenditure

                              Staff — Title I of the budget

                           Payments

                           4 951

                           4 174

                           Appropriations carried over

                           80

                           490

                              Administration — Title II of the Budget

                           Payments

                           632

                           620

                           Appropriations carried over

                           509

                           624

                              Operating activities — Title III of the budget

                           Payments

                           2 525

                           2 146

                           Appropriations carried over

                           1 001

                           2 026

                              Total expenditure (b)

                              9 698

                              10 079

                              Outturn for the financial year (a - b)

                              582

                              322

                           Balance carried over from the previous financial year (7)

                           639

                           2 076

                           Appropriations carried over and cancelled

                           392

                           301

                           Unused sums for re-use from the previous financial year

                           9

                           18

                           Amount refunded to the Commission

                           0

                           -2 076

                           Exchange-rate difference

                           3

                           - 2

                              Balance for the financial year
                               (8)

                              1 625

                              639

         Implementation of the budget

               2.

               Notes the Centre's reply to the questionnaire concerning the trend in carry-overs; welcomes the downward trend that emerges, which suggests that measures taken with a view to better planning, implementing and monitoring of the Centre's activities resulted in a reduction of carry-overs; encourages the Centre to continue its efforts in this regard;

               3.

               Expects the Centre to indicate whether the framework of the new Financial Regulation might offer further opportunities for reducing carry-overs;

               4.

               Acknowledges the Centre's undertaking that operations such as the one criticised by the ECA, where appropriations were unduly transferred with a view to having the amount carried over, will not happen again;

         Legality and regularity of the underlying transactions

               5.

               Notes the Centre's position that it will henceforth fully observe the principle of the separation of duties as between authorising officer and accounting officer;

         Personnel management

               6.

               Expresses deep concern over the ECA's findings in its report on the way in which selection procedures were carried out by the Centre and on the serious anomalies detected in the process of an internal competition; notes the Centre's reply that the shortcomings identified were of a procedural nature and did not undermine the validity of the procedure or its outcome; expects the Centre to fully inform Parliament of any complaints lodged with the Court of Justice in this connection and on their outcome;

               7.

               Takes the view that transparency, compliance with specified procedures and equal treatment in the recruitment process reflect on the credibility of Community institutions and bodies; expects the Centre therefore to make every effort to prevent such phenomena occurring in future recruitment procedures;

               8.

               Notes the Centre's position that in future it will call upon the services of EPSO to organise competitions;

         Horizontal points on the Agencies and the Commission

      Implementing the new Financial Regulation - Internal audit and control

               9.

               Reiterates the position taken in its resolutions (9) accompanying the discharge given to the agencies for 2001 as regards the implementation of the new Financial Regulation; invites the Commission and the agencies to continue their cooperation, in particular in the areas of accounting, internal audit, management and control procedures, so as to ensure that a coherent harmonised framework for the functioning of the agencies is established;

               10.

               Recalls that it expressed concern in the discharge resolution for 2001 concerning the lack of controls on the agencies carried out by the internal audit service of the Commission (IAS); expresses grave concern that such controls do not seem to have been carried out this year; asks the Commission and the IAS to explain the reasons for this and to provide data about the number of staff available to the Internal Auditor to carry out controls in the agencies; expects the Commission to indicate how it can guarantee that sufficient and correct controls are carried out in the satellite bodies, in particular the IAS;

               11.

               Stresses that it is essential that the agencies be required to submit to the investigative powers of OLAF under the same conditions as the institutions (10); invites the ECA to provide information, in time for adoption of the discharge resolution, on whether the Community bodies which acceded to the Interinstitutional Agreement of 25 May 1999 (11) on internal investigations by OLAF did so in the same terms as those laid down in the annex to this Agreement;

         Financial Management

               12.

               Notes that in some of the agencies' replies to the questionnaire concerning the way in which the recurrent problem of substantial carry-overs might be addressed, mention is made of the possibilities offered by the new Financial Regulation, which provides for the use of ‘differentiated appropriations’; invites the Agencies to better explain their analysis and to indicate in particular which of their activities of a multiannual nature might be financed by such appropriations;

               13.

               Invites the Commission to present its position on such a solution and, should it consider that this solution is not feasible, to outline alternatives allowing for a substantial reduction in carry-overs;

         Review of the agencies

               14.

               Stresses that, prior to any decision to set up an agency, the Commission must make a rigorous analysis of the need for and added value of the functions that the agency will perform, with an eye to the principles of subsidiarity, budgetary rigour and procedural simplification;

               15.

               Calls on the Commission to make a general study of activities currently carried out by various Community bodies that might overlap or serve the same goals, and to propose appropriate solutions, including the possible mergers of agencies;

               16.

               Is concerned by the fact that there is an imbalance between administrative and operational expenditure in many agencies, with administrative expenditure exceeding expenditure for operational purposes; calls therefore on the Commission and the agencies to set targets and a timetable to reduce the level of administrative expenditure as a proportion of total expenditure; notes that many agencies see opportunities in this regard, as listed in the questionnaire;

               17.

               With reference to the replies to the questionnaire on interinstitutional cooperation, encourages the agencies to improve cooperation between themselves in order to meet their needs in specific areas (for example, software development) and reduce costs, rather than adopt solutions which were initially designed for the purposes of the Commission but which often prove to be too cumbersome and complicated for the agencies' specific needs;

               18.

               Encourages the Agencies to organise and develop a close working relationship with the competent parliamentary committees; invites its standing committees with competence in the areas of activity of each of the agencies to coordinate their action with the Committees of Budgets and Budgetary Control, with a view to ensuring efficient monitoring of the activity of the agencies;

         New sources of financing

               19.

               Welcomes the responses and ideas that emerged from the questionnaire concerning the possibilities of other sources of financing; notes that many current sources and proposals concern the letting of buildings and facilities and the sale of publications and information; realises that for reasons of independence, among other things, not all agencies are to accept additional financial sources; stresses the economies of scale and financial benefits of the participation of non-EU countries in the activities of certain agencies; calls on the Commission and the agencies to come forward with constructive proposals with regard to further development of new sources of additional financing, which would increase the level of self-financing;

               20.

               Welcomes the financial contributions of some Member States and regions to the agencies located on their area; considers it important for Council and the Commission to demand such contributions, especially when new agencies are set up;

         Harmonised operating framework

               21.

               Recalls its position (12) that the multitude of different forms in the existing agencies' structures was thought to be ‘neither transparent nor comprehensible, and, even bearing in mind the differences in tasks, not justified’; invites the Commission to conduct a review of all the existing agencies with a view to proposing, where appropriate, amendments to their basic instruments (13) so as to adapt them to the models that the future regulatory framework should encompass; instructs its competent committees to follow up this comprehensive review exercise, which should be conducted as soon as possible, and to take into consideration the horizontal issues mentioned in this discharge resolution;

               22.

               Invites the Commission to present appropriate proposals, aimed at creating such a harmonised framework for the agencies, prior to or at least in parallel with the presentation of the legislative proposals for the new agencies; insists that an interinstitutional agreement spelling out common guidelines is a pre-condition for creating the harmonised framework;

         Staff policy

               23.

               Notes that, as a result of the new Financial Regulation, the organigrams of the agencies are established by the budgetary authority; stresses the importance of this change for the agency discharge procedure in the years to come as regards checking application of the Staff Regulation in matters of recruitment, promotion policy, vacancy rates and recruitment policy;

               24.

               Notes that, in response to a questionnaire tabled in the course of the budgetary procedure for 2004, it was established that, on average, it took considerably fewer years to obtain promotion at several agencies than is the policy in the Commission, that vacancy rates were considerably higher compared to other institutions and that several of the requested new posts were not proposed at the lowest grade; considers that staff policy should form an important part of a review of the existing agencies;

               25.

               Considers that the staff policy of the agencies should comply with the Financial Regulation, the Staff Regulations and the best practice generally followed by the Institutions; considers that the Commission has been requested to give, before the 2005 budgetary procedure, guidelines concerning staff policy, notably the rate of vacant posts, the rate of promotions, the level of recruitment and the standard career profile;

               26.

               Recalls the principle that the agencies should as far as possible employ staff on temporary contracts, in order to maintain flexibility and efficiency;

               27.

               Is concerned about the serious anomalies detected in connection with the selection procedures of the European Monitoring Centre for Drugs and Drug Addiction, including: imprecise notice, incomplete selection committee minutes, criteria for assessing candidates not defined in advance (14); is very concerned that this might not be an isolated case but that Agencies in general might have difficulty in managing these rather complex procedures in a fair and transparent manner;

               28.

               Is of the opinion that selection procedures organised by agencies should meet the same standards as those organised by the European Personnel Selection Office (EPSO) and that they should not be perceived as a backdoor for easy entry into the European civil service;

               29.

               Invites the Commission to make proposals in order to ensure that the agencies benefit from appropriate support from the EPSO when organising selection procedures and that there is a mechanism in place to validate the outcome of such procedures externally before recruitment takes place.

      (1)  OJ C 319, 30.12.2003, p. 62.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 30.

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

      (5)  OJ L 333, 20.12.2003, p. 59.

      (6)  In its accounts the Monitoring Centre included under revenue and expenditure the use of earmarked revenue not used in 2001.

      (7)  The balance for the financial year 2001 is to be refunded to the Commission and is equivalent to the total of the outturn for the financial year plus depreciation (82 000 + 557 000 euro).

      (8)  Calculated in accordance with the principles laid down in Article 15 of Council Regulation (EC, Euratom) No 1150/2000 of 22 May 2000 (OJ L 130, 31.5.2000, p. 8).

      (9)  OJ L 148, 16.6.2003, p. 83 and OJ L 333, 20.12.2003, p. 53 (point 18).

      (10)  Texts adopted, 13 January 2004, P5_TA(2004) 0015.

      (11)  OJ L 136, 31.5.1999, p. 15.

      (12)  P5_TA(2004) 0015 (paragraphs 13 and 14).

      (13)  P5_TA(2004) 0015 (paragraph 24).

      (14)  See paragraph 13 of the Court of Auditors' specific report for 2002 (p. 64).


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31996D0568

96/568/EC, Euratom: Council Decision of 24 September 1996 appointing a member of the Economic and Social Committee

Official Journal L 249 , 01/10/1996 P. 0045 - 0045

COUNCIL DECISION of 24 September 1996 appointing a member of the Economic and Social Committee (96/568/Euratom, EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 193 to 195 inclusive thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Articles 165 to 167 inclusive thereof,Having regard to the Convention on Certain Institutions Common to the European Communities, and in particular Article 5 thereof,Having regard to the Council Decision of 24 September 1994 appointing the members of the Economic and Social Committee for the period ending on 20 September 1998 (1),Whereas a seat has become vacant on the Economic and Social Committee following the resignation of Mr Jacques Tixier, communicated to the Council on 24 May 1996;Having regard to the nominations submitted by the French Government on 9 July 1996,Having obtained the opinion of the Commission of the European Communities,HAS DECIDED AS FOLLOWS:Sole Article Mr Daniel Retureau is hereby appointed a member of the Economic and Social Committee in place of Mr Jacques Tixier for the remainder of the latter's term of office, which expires on 20 September 1998.Done at Brussels, 24 September 1996.For the CouncilThe PresidentE. FITZGERALD(1) OJ No L 257, 5. 10. 1994, p. 20.


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31986D0572

86/572/EEC: Council Decision of 15 September 1986 on the conclusion of the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Sweden consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community

Official Journal L 337 , 29/11/1986 P. 0059 - 0059

COUNCIL DECISION of 15 September 1986 on the conclusion of the Additional Protocol to the  Agreement between the European Economic Community and the Kingdom of Sweden consequent on the  accession of the Kingdom of Spain and the Portuguese Republic to the Community (86/572/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Economic Community, and in particular Article  113 thereof, Having regard to the recommendation from the Commission, Whereas it is necessary to approve the Additional Protocol to the Agreement between the European  Economic Community and the Kingdom of Sweden(1) signed in Brussels on 22 July 1972, to take account  of the accession of the Kingdom of Spain and the Portuguese Republic to the Community, HAS DECIDED AS FOLLOWS: Article 1 The Additional Protocol to the Agreement between the European Economic Community and  the Kingdom of Sweden consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community is hereby approved on behalf of the Community. The text of the Protocol is attached to this Decision. Article 2 The President of the Council shall give the notification provided for in Article 18 of  the Protocol(2). Article 3 This Decision shall take effect on the day following its publication in the Official  Journal of the European Communities. Done at Brussels, 15 September 1986. For the CouncilThe PresidentG. HOWE (1)OJ N° L 300, 31. 12. 1972, p. 97.  (2)The date of entry into force of the Protocol will be published in the Official Journal of the  European Communities by the General Secretariat of the Council.


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31989D0333

89/333/EEC: Council Decision of 13 March 1989 on the conclusion of the Second Additional Protocol to the Agreement between the European Economic Community and the Swiss Confederation consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community

Official Journal L 136 , 19/05/1989 P. 0021 - 0021 Finnish special edition: Chapter 11 Volume 15 P. 0091  Swedish special edition: Chapter 11 Volume 15 P. 0091

COUNCIL DECISION of 13 March 1989 on the conclusion of the Second Additional Protocol to the Agreement between the European Economic Community and the Swiss Confederation consequent on the accession of the Kingdom of Spain and the Portuguese  Republic to the Community(89/333/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community and in particular Article 113 thereof,  Having regard to the recommendation from the Commission,  Whereas, under Regulation (EEC) No 839/88(1), the collection of customs duties applicable by the Community of Ten to certain products imported from Spain and Portugal was totally supended once they fell to the level of 2 % or less;  Whereas it is necessary to conclude a Second Additional Protocol to the Agreement between the European Economic Community and the Swiss Confederation(2), signed in Brussels on 22 July 1972, in order to provide for the total suspension of duties on  products covered by the Agreement imported into Switzerland from Spain, when such duties fall to 2 % or less,   HAS DECIDED AS FOLLOWS:  Article 1  The Second Additional Protocol to the Agreement between the European Economic Community and the Swiss Con- federation consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community is hereby approved on behalf of the Community.  The text of the Protocol is attached to this Decision.  Article 2  The President of the Council shall give the notification provided for in Article 3 of the Protocol(3).  Article 3  This Decision shall enter into force on the day following its publication in the Official Journal of the European Communities.   Done at Brussels, 13 March 1989.  For the CouncilThe PresidentC. SOLCHAGA CATALAN  (1)OJ No L 87, 31. 3. 1988, p. 1.  (2)OJ No L 300, 31. 12. 1972, p. 189.  (3)The date of entry into force of the Protocol will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


title: Decision (EU) 2016/1857 of the European Parliament and of the Council of 11 October 2016 on the mobilisation of the European Globalisation Adjustment Fund (following an application from Finland — EGF/2016/001 FI/Microsoft)

text:
               20.10.2016

               EN

               Official Journal of the European Union

               L 284/23

         DECISION (EU) 2016/1857 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 11 October 2016
   on the mobilisation of the European Globalisation Adjustment Fund (following an application from Finland — EGF/2016/001 FI/Microsoft)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1), and in particular Article 15(4) thereof,
   Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) aims to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market.

               (2)

               The EGF is not to exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Council Regulation (EU, Euratom) No 1311/2013 (3).

               (3)

               On 11 March 2016 Finland submitted an application to mobilise the EGF, in respect of redundancies in Microsoft (Microsoft Mobile Oy) and 8 suppliers and downstream producers. It was supplemented by additional information provided in accordance with Article 8(3) of Regulation (EU) No 1309/2013. That application complies with the requirements for determining a financial contribution from the EGF as laid down in Article 13 of Regulation (EU) No 1309/2013.

               (4)

               The EGF should, therefore, be mobilised in order to provide a financial contribution of EUR 5 364 000 in respect of the application submitted by Finland.

               (5)

               In order to minimise the time taken to mobilise the EGF, this decision should apply from the date of its adoption,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the Union for the financial year 2016, the European Globalisation Adjustment Fund shall be mobilised to provide the amount of EUR 5 364 000 in commitment and payment appropriations.
   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 11 October 2016.

      Done at Brussels, 11 October 2016.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         I. KORČOK

      (1)  OJ L 347, 20.12.2013, p. 855.

      (2)  OJ C 373, 20.12.2013, p. 1.

      (3)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).


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31983D0328

83/328/EEC: Council Decision of 26 May 1983 on the signature and notification of provisional application of the International Agreement on Jute and Jute Products (1982)

Official Journal L 185 , 08/07/1983 P. 0001 Spanish special edition: Chapter 11 Volume 18 P. 0232  Portuguese special edition Chapter 11 Volume 18 P. 0232

+++++COUNCIL DECISION OF 26 MAY 1983 ON THE SIGNATURE AND NOTIFICATION OF PROVISIONAL APPLICATION OF THE INTERNATIONAL AGREEMENT ON JUTE AND JUTE PRODUCTS ( 1982 ) ( 83/328/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 113 AND 116 THEREOF ,  HAVING REGARD TO THE RECOMMENDATION FROM THE COMMISSION ,  WHEREAS THE INTERNATIONAL AGREEMENT ON JUTE AND JUTE PRODUCTS ( 1982 ) IS OPEN FOR SIGNATURE UNTIL 30 JUNE 1983 ; WHEREAS THE AIMS OF THE SAID AGREEMENT ARE AS FOLLOWS :  - TO IMPROVE STRUCTURAL CONDITIONS IN THE JUTE MARKET ,  - TO ENHANCE THE COMPETITIVENESS OF JUTE AND JUTE PRODUCTS ,  - TO MAINTAIN AND ENLARGE EXISTING MARKETS AS WELL AS TO DEVELOP NEW MARKETS FOR JUTE AND JUTE PRODUCTS ,  - TO DEVELOP PRODUCTION OF JUTE AND JUTE PRODUCTS WITH A VIEW , IN PARTICULAR , TO IMPROVING THEIR QUALITY FOR THE BENEFIT OF IMPORTING AND EXPORTING MEMBERS ,  - TO DEVELOP PRODUCTION , EXPORTS AND IMPORTS OF JUTE AND JUTE PRODUCTS AS REGARDS QUANTITY SO AS TO MEET THE REQUIREMENTS OF WORLD DEMAND AND SUPPLY ;  WHEREAS THE MEANS ENVISAGED TO ATTAIN THESE AIMS ARE AS FOLLOWS :  - THE IMPLEMENTATION OF PROJECTS OF RESEARCH AND DEVELOPMENT , MARKET PROMOTION AND COST REDUCTION ,  - THE COLLATION AND DISSEMINATION OF INFORMATION RELATING TO JUTE AND JUTE PRODUCTS ,  - CONSIDERATION OF IMPORTANT ISSUES CONCERNING JUTE AND JUTE PRODUCTS , SUCH AS THE QUESTIONS OF STABILIZATION OF PRICES AND SUPPLIES AND OF COMPETITION WITH SYNTHETICS AND SUBSTITUTES ;  WHEREAS THE AIMS PURSUED BY THE AGREEMENT FALL WITHIN , IN PART , THE FRAMEWORK OF COMMON TRADE POLICY AND , IN PART , WITHIN THAT OF TECHNICAL COOPERATION OR DEVELOPMENT COOPERATION ; WHEREAS APPLICATION OF THE AGREEMENT THUS PRESUPPOSES BOTH COMMUNITY ACTION AND JOINT ACTION BY THE MEMBER STATES ;  WHEREAS THE COMMUNITY AND THE MEMBER STATES SHOULD THEREFORE SIGN THE AGREEMENT AND GIVE NOTIFICATION TO THE SECRETARY-GENERAL OF THE UNITED NATIONS ORGANIZATION THAT THEY INTEND TO APPLY IT PROVISIONALLY , SUBJECT TO ITS SUBSEQUENT APPROVAL ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  BY 30 JUNE 1983 THE COMMUNITY AND THE MEMBER STATES WILL SIGN THE INTERNATIONAL AGREEMENT ON JUTE AND JUTE PRODUCTS ( 1982 ) IN ACCORDANCE WITH ARTICLE 37 THEREOF , AND WILL GIVE NOTIFICATION TO THE SECRETARY-GENERAL OF THE UNITED NATIONS ORGANIZATION , IN ACCORDANCE WITH ARTICLE 39 OF THE AGREEMENT , THAT THEY WILL APPLY THE AGREEMENT PROVISIONALLY , AS IMPORTING MEMBERS , WHEN IT ENTERS INTO FORCE IN ACCORDANCE WITH ARTICLE 40 .  ARTICLE 2  THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO DESIGNATE THE PERSON EMPOWERED TO SIGN THE AGREEMENT ON BEHALF OF THE COMMUNITY AND TO DEPOSIT THE NOTIFICATION OF PROVISIONAL APPLICATION OF THE AGREEMENT .  THE TEXTS OF THE NOTIFICATION OF APPLICATION AND OF THE AGREEMENT ARE ATTACHED TO THIS DECISION .  DONE AT BRUSSELS , 26 MAY 1983 .  FOR THE COUNCIL  THE PRESIDENT  OTTO GRAF LAMBSDORFF


title: 2014/620/EU: Decision of the European Parliament of 3 April 2014 on the closure of the accounts of the European GNSS Agency for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/310

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on the closure of the accounts of the European GNSS Agency for the financial year 2012
   (2014/620/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European GNSS Agency for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European GNSS Agency for the financial year 2012, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 18 February 2014 (05849/2014 – C7-0054/2014),

               —

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

               —

               having regard to the 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 (EU) No 912/2010 of the European Parliament and of the Council of 22 September 2010 setting up the European GNSS Agency (4), 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 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 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A7-0223/2014),

               1.

               Approves the closure of the accounts of the European GNSS Agency for the financial year 2012;

               2.

               Instructs its President to forward this Decision to the Executive Director of the European GNSS 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 365, 13.12.2013, p. 261.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 276, 20.10.2010, p. 11.

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

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