title: Decision (EU) 2016/1570 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the budget of the European Police Office (Europol) for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/361

         DECISION (EU) 2016/1570 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on discharge in respect of the implementation of the budget of the European Police Office (Europol) for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Police Office for the financial year 2014,

               —

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

               —

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

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Office in respect of the implementation of the budget for the financial year 2014 (05584/2016 – C8-0084/2016),

               —

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

               —

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

               —

               having regard to Council Decision 2009/371/JHA of 6 April 2009 establishing the European Police Office (Europol) (4), and in particular Article 43 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5),

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A8-0122/2016),

               1.

               Grants the Director of the European Police Office discharge in respect of the implementation of the Office’s budget for the financial year 2014;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Director of the European Police Office, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 409, 9.12.2015, p. 324.

      (2)  See footnote 1.

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

      (4)  OJ L 121, 15.5.2009, p. 37.

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

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


title: 2009/229/EC: Decision of the European Parliament of 22 April 2008 on discharge in respect of the implementation of the budget of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2006

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/226

         DECISION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   on discharge in respect of the implementation of the budget of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2006
   (2009/229/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2006, together with Agency's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (4), and in particular Article 30 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0126/2008),

               1.

               Grants the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union discharge in respect of the implementation of the Agency's budget for the financial year 2006;

               2.

               Sets out its observations in the Resolution below;

               3.

               Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 261, 31.10.2007, p. 7.

      (2)  OJ C 309, 19.12.2007, p. 29.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 349, 25.11.2004, p. 1.

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

               31.3.2009

               EN

               Official Journal of the European Union

               L 88/227

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2006
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2006, together with Agency's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (4), and in particular Article 30 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0126/2008),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurance that the annual accounts for the financial year 2006 are reliable, and the underlying transactions are legal and regular,

               B.

               whereas 2006 was the Agency's first year of financial autonomy;

         General points which relate to horizontal issues affecting the EU agencies and which therefore also have a bearing on the discharge procedure for each individual agency

               1.

               Notes that the budgets of the 24 agencies and other satellite bodies audited by the Court of Auditors totalled EUR 1 080,5 million in 2006 (the biggest being that of the European Agency for Reconstruction at EUR 271 million and the smallest being that of the European Police College (CEPOL) at EUR 5 million);

               2.

               Points out that the range of external EU bodies subject to audit and discharge now includes not only traditional regulatory agencies but also executive agencies set up to implement specific programmes, and will in the near future also extend to joint undertakings set up as public-private partnerships (joint technology initiatives);

               3.

               Observes as regards the Parliament that the number of agencies subject to the discharge procedure has evolved as follows: financial year 2000: 8; 2001: 10; 2002: 11; 2003: 14; 2004: 14; 2005: 16; 2006: 20 regulatory agencies and two executive agencies (not including two agencies which are audited by the Court of Auditors but subject to an internal discharge process);

               4.

               Concludes therefore that the auditing/discharge process has become cumbersome and disproportionate compared to the relative size of the agencies'/satellite bodies' budgets; instructs its competent committee to undertake a wide-ranging review of the discharge process as regards agencies and satellite bodies with a view to devising a simpler and more rational approach, bearing in mind the ever-growing number of bodies each requiring a separate discharge report in future years;

         Fundamental considerations

               5.

               Requests that the Commission provide clear explanations regarding the following elements before the creation of a new agency or reform of an existing agency: agency type, objectives of the agency, internal governance structure, products, services, key procedures, target group, clients and stakeholders of the agency, formal relationship with external actors, budget responsibility, financial planning, and personnel and staffing policy;

               6.

               Requests that each agency be governed by a yearly performance agreement which is formulated by the agency and the responsible DG and which should contain the main objectives for the coming year, a financial framework and clear indicators to measure performance;

               7.

               Requests that the performance of the agencies be regularly (and on an ad-hoc basis) audited by the Court of Auditors or another independent auditor; considers that this should not be limited to traditional elements of financial management and the proper use of public money, but should also cover administrative efficiency and effectiveness and should include a rating of the financial management of each agency;

               8.

               Takes the view that in the case of agencies which are continually overestimating their respective budget needs, technical abatement should be made on the basis of vacant posts; is of the opinion that this will lead in the long run to less assigned revenue for the agencies and therefore also to lower administrative costs;

               9.

               Notes that it is a serious problem that a number of agencies is criticised for not following rules on public procurement, the Financial Regulation, the Staff Regulations, etc.; considers that the principal reason for this is that most regulations and the Financial Regulation are designed for bigger institutions and that most of the small agencies do not have the critical mass to be able to cope with these regulatory requirements; therefore asks the Commission to look for a rapid solution in order to enhance the effectiveness by grouping the administrative functions of various agencies together, in order to achieve this critical mass (taking into consideration the necessary changes in the basic regulations governing the agencies and their budgetary independence), or urgently to draft specific rules for the agencies (in particular implementing rules for the agencies) which allow them to be in full compliance;

               10.

               Insists that the Commission, when drafting the Preliminary Draft Budget, take into consideration the results of budget implementation by the individual agencies in former years, in particular in year n-1, and revise the budget requested by the particular agency accordingly; invites its competent committee to respect this revision and, if not undertaken by the Commission, to revise itself the budget in question to a realistic level matching the absorption and implementation capacity of the agency in question;

               11.

               Recalls its decision on discharge in respect of the financial year 2005, in which it invited the Commission to present every five years a study on the added value of every existing agency; invites all relevant institutions in the case of a negative evaluation of the added value of an agency to take the necessary steps by reformulating the mandate of that agency or by closing it; notes that there has not been one single evaluation undertaken by the Commission in 2007; insists that the Commission should present at least five such evaluations before the decision on discharge in respect of the financial year 2007, starting with the oldest agencies;

               12.

               Is of the opinion that recommendations of the Court of Auditors should be promptly implemented and the level of subsidies paid to the agencies should be aligned with their real cash requirements; considers further that the amendments to the general Financial Regulation should be incorporated into the agencies' framework financial regulation and into their various specific financial regulations;

         Presentation of reporting data

               13.

               Notes that there is no standard approach among the agencies with regard to the presentation of their activities during the financial year in question and of their accounts and reports on budgetary and financial management, nor to the question as to whether a declaration of assurance should be drawn up by the agency's director; observes that not all agencies clearly distinguish between (a) presenting the agency's work to the public; and (b) technical reporting on budgetary and financial management;

               14.

               Notes that while the Commission's standing instructions for the preparation of activity reports do not expressly require the agency to draw up a declaration of assurance, many directors have none the less done so for 2006, in one case including an important reservation;

               15.

               Recalls its resolution of 12 April 2005 (6), inviting the directors of the agencies from now on to accompany their annual activity report, which is presented together with financial and management information, with a declaration of assurance concerning the legality and regularity of operations, similar to the declarations signed by the Directors-General of the Commission;

               16.

               Asks the Commission to amend its standing instructions to the agencies accordingly;

               17.

               Suggests in addition that the Commission should work with the agencies towards producing a harmonised model applicable to all agencies and satellite bodies clearly distinguishing between:

                           —

                           an annual report intended for a general readership on the body's operations, work and achievements,

                           —

                           financial statements and a report on implementation of the budget,

                           —

                           an activity report along the lines of the activity reports of the Directors-General of the Commission,

                           —

                           a declaration of assurance signed by the body's director, together with any reservations or observations which he considers it appropriate to draw to the attention of the discharge authority;

         General findings by the Court of Auditors

               18.

               Notes the Court's finding (Annual Report, paragraph 10.29 (7)) that the disbursement of subsidies paid by the Commission from the Community budget is not based on sufficiently justified estimates of the agencies' cash requirements and that this, combined with the size of carry-overs, leads them to hold sizeable cash balances; notes further the Court's recommendation that the level of subsidies paid to the agencies should be in line with their real cash requirements;

               19.

               Notes that at the end of 2006 14 agencies had still to implement the ABAC accounting system (Annual Report, footnote to paragraph 10.31);

               20.

               Notes the Court's remark (Annual Report, paragraph 1.25) concerning accrued charges for untaken leave which are accounted for by some agencies; points out that the Court of Auditors has qualified its statement of assurance in the case of three agencies (European Centre for the Development of Vocational Training (Cedefop), CEPOL and the European Railway Agency) for the financial year 2006 (2005: Cedefop, European Food Safety Authority, European Agency for Reconstruction);

         Internal audit

               21.

               Recalls that in accordance with Article 185(3) of the Financial Regulation the Internal Auditor of the Commission is also the internal auditor of the regulatory agencies receiving grants charged to the EU budget; points out that the Internal Auditor reports to each agency's management board and director;

               22.

               Draws attention to the reservation entered in the Internal Auditor's Annual Activity Report for 2006 as follows:
               ‘The Internal Auditor of the Commission is not in a position to properly fulfil his obligation assigned by Article 185 of the Financial Regulation as internal auditor of the Community bodies due to a lack of staff resources.’;

               23.

               Notes, however, the Internal Auditor's remark in his activity report for 2006 that as from 2007, with the additional staff resources granted by the Commission to the Internal Audit Service (IAS), all regulatory agencies in operation will be subject to internal audit work on an annual basis;

               24.

               Notes the ever-growing number of regulatory and executive agencies and joint undertakings required to be audited by the IAS under Article 185 Financial Regulation; asks the Commission to inform its competent committee as to whether the staff resources at the IAS's disposal will be sufficient to conduct an annual audit of all such bodies in the coming years;

               25.

               Observes that Article 72(5) of Regulation (EC, Euratom) No 2343/2002 requires each agency to send each year to the discharge authority and the Commission a report drawn up by its director summarising the number and type of internal audits conducted by the internal auditor, the recommendations made and the action taken on these recommendations; asks the agencies to indicate whether this is done and, if so, how;

               26.

               Takes note, as regards internal audit capability, especially in relation to the smaller agencies, of a proposal made by the Internal Auditor before Parliament's competent committee on 14 September 2006 that smaller agencies should be authorised to buy in internal audit services from the private sector;

         Evaluation of agencies

               27.

               Recalls the joint statement by the Parliament, the Council and the Commission (8) negotiated at the conciliation before the Ecofin budget Council of 13 July 2007 calling for (i) a list of agencies which the Commission intends to assess; and (ii) a list of the agencies already assessed, together with a summary of the major findings;

         Disciplinary procedures

               28.

               Notes that, because of their size, individual agencies have difficulty in setting up ad-hoc disciplinary boards composed of staff at the appropriate career grade and that the Commission's IDOC (Investigation and Disciplinary Office) is not competent for agencies; calls on the agencies to consider an inter-agency disciplinary board;

         Draft Interinstitutional Agreement

               29.

               Recalls the draft Interinstitutional Agreement on the operating framework for the European regulatory agencies presented by the Commission (COM(2005) 59), which was intended to create a horizontal framework for the creation, structure, operation, evaluation and control of the European regulatory agencies; notes that the draft represents a useful initiative in the effort to rationalise the creation and running of agencies; notes the statement in the Commission's 2006 synthesis report (paragraph 3.1, COM(2007) 274) that although progress in negotiations stalled after publication of the draft, discussions on substance were relaunched in the Council at the end of 2006; regrets that it has not been possible to make further progress towards adoption;

               30.

               Welcomes therefore the Commission's commitment to bring forward a communication on the future of the regulatory agencies during the course of 2008;

         Self-financed agencies

               31.

               Recalls that for the two self-financing agencies, discharge is given to the director by the administrative board; notes that both have significant accumulated surpluses from fee income carried over from previous years figures, as follows:

                           —

                           Office for Harmonization of the Internal Market cash and cash equivalents: EUR 281 million (9),

                           —

                           Community Plant Variety Office cash and cash equivalents: EUR 18 million (10);

         Specific points

               32.

               Notes the Court of Auditors' observation in its 2006 report that for the financial year 2006 the rate of commitment was 85 %; the rate of carry-over was more than 70 % overall and nearly 85 % for operating expenditure; transfers of appropriations between chapters or titles during the year exceeded the total ceiling of 10 % provided for in the Financial Regulation; therefore, the budgetary principle of specification was not strictly observed;

               33.

               Notes further that legal commitments were entered into before budgetary commitments, contrary to the Agency's Financial Regulation, and that the criteria and procedures used for recruiting staff were not in line with the general provisions of the Staff Regulations;

               34.

               Acknowledges the Agency's reply that the rate of carry-over to 2007 was due to difficulties inherent in the start-up period of the Agency and to the fact that sizeable resources were made available only very late in 2006; the Agency was not able to fully implement normal procedures for most of the recruitment procedures launched during 2006 because of a lack of resources in the start-up period and difficulties in attracting potential staff;

               35.

               Regrets the fact that the Agency had to use recruitment procedures which were not fully in line with the general provisions for implementing the Staff Regulations in order to attract staff and make the Agency operational as rapidly as possible;

               36.

               Calls on the Agency and the Commission to improve the planning of the budgetary and personnel needs of the Agency in the future;

               37.

               Notes from the Agency's accounts (balance sheet) that at 31 December 2006 the Agency held EUR 14,3 million in cash (for a Community subsidy of EUR 15,2 million and an annual budget of EUR 19,2 million);

               38.

               Recalls that, while in the first year of its existence the budget of the Agency was EUR 6,2 million, the budget in 2006 was twice amended by the budgetary authority, increasing it from EUR 12,3 million to EUR 19,2 million; notes the statement in the annual report that the late availability of the additional funds granted to the Agency in October 2006 led to spending problems beyond the limits of the absorption capacity of the Agency;

               39.

               Notes further from the accounts that at 31 December 2006 only nine of 18 AD posts had been filled;

               40.

               Takes note of the statement in the Agency's annual report for 2006 that the Agency was granted full financial autonomy only from 1 October 2006, and that before that date all expenditure relating to administrative matters was authorised by the Commission's DG JLS in Brussels;

               41.

               Calls on the Agency to improve its financial management, especially as regards the increase in its budget for the financial years 2007 and 2008.

      (1)  OJ C 261, 31.10.2007, p. 7.

      (2)  OJ C 309, 19.12.2007, p. 29.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 349, 25.11.2004, p. 1.

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

      (6)  All resolutions regarding the agencies were published in OJ L 196, 27.7.2005.

      (7)  OJ C 273, 15.11.2007, p. 1.

      (8)  Council document DS 605/1/07 Rev1.

      (9)  Source: report on the annual accounts of the Office for Harmonization in the Internal Market for the financial year 2006, together with the Office's replies (OJ C 309, 19.12.2007, p. 141).

      (10)  Source: report on the annual accounts of the Community Plant Variety Office for the financial year 2006, together with the Office's replies (OJ C 309, 19.12.2007, p. 135).


title: Council Decision 2007/449/CFSP of 28 June 2007 implementing Common Position 2004/694/CFSP on further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)

text:
               29.6.2007

               EN

               Official Journal of the European Union

               L 169/75

      COUNCIL DECISION 2007/449/CFSP
   of 28 June 2007
   implementing Common Position 2004/694/CFSP on further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Common Position 2004/694/CFSP (1), and in particular Article 2 thereof, in conjunction with the second indent of Article 23(2) of the Treaty on European Union,
   Whereas:

               (1)

               Under the terms of Common Position 2004/694/CFSP, the Council adopted measures in order to freeze all funds and economic resources belonging to the natural persons listed in the Annex thereto, who had been indicted by the ICTY.

               (2)

               Following the transfer of Mr Zdravko TOLIMIR and Mr Vlastimir DJORDJEVIC to the custody of the ICTY on 1 June 2007, their names should be removed from the list.

               (3)

               Furthermore, reasons should be provided in relation to the individuals who remain listed.

               (4)

               It is accordingly necessary to adapt the list set out in the Annex to Common Position 2004/694/CFSP accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Annex to Common Position 2004/694/CFSP shall be replaced by the Annex to this Decision.
   Article 2
   This Decision shall take effect on the date of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 28 June 2007.

            For the Council

            The President

         S. GABRIEL

      (1)  OJ L 315, 14.10.2004, p. 52. Common Position as amended by Decision 2006/484/CFSP (OJ L 189, 12.7.2006, p. 25) and extended by Common Position 2006/671/CFSP (OJ L 275, 6.10.2006, p. 66).

      ANNEX
      List of persons referred to in Article 1

                  Individual

                  Reason

                  1.

                  Name: HADZIC Goran (male)
                  Date of birth: 7.9.1958
                  Place of birth: Vinkovci, Croatia
                  National of Serbia

                  indicted by ICTY and still at large

                     Indictment: 4.6.2004

                     Case No: IT-04-75

                  2.

                  Name: KARADZIC Radovan (male)
                  Date of birth: 19.6.1945
                  Place of birth: Petnjica, Savnik municipality, Montenegro
                  National of Bosnia and Herzegovina

                  indicted by ICTY and still at large

                     Initial indictment: 25.7.1995; second indictment: 16.11.1995; amended indictment: 31.5.2000

                     Case No: IT-95-5/18

                  3.

                  Name: MLADIC Ratko (male)
                  Date of birth: 12.3.1948
                  Place of birth: Bozanovici, Kalinovik municipality, Bosnia and Herzegovina
                  National of Bosnia and Herzegovina

                  indicted by ICTY and still at large

                     Initial indictment: 25.7.1995; second indictment: 16.11.1995; amended indictment: 8.11.2002

                     Case No: IT-95-5/18

                  4.

                  Name: ZUPLJANIN Stojan (male)
                  Date of birth: 22.9.1951
                  Place of birth: Kotor Varos, Bosnia and Herzegovina
                  National of Bosnia and Herzegovina

                  indicted by ICTY and still at large

                     Initial indictment: 17.12.1999; second amended indictment: 6.10.2004

                     Case No: IT-99-36-I


title: Council Decision (EU) 2017/1764 of 25 September 2017 appointing an alternate member, proposed by the Republic of Austria, of the Committee of the Regions

text:
               28.9.2017

               EN

               Official Journal of the European Union

               L 250/58

         COUNCIL DECISION (EU) 2017/1764
   of 25 September 2017
   appointing an alternate member, proposed by the Republic of Austria, of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Austrian Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               An alternate member's seat has become vacant following the appointment of Mr Hannes WENINGER as a member of the Committee of the Regions,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as an alternate member of the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Mr Markus LINHART, Bürgermeister und Gemeinderat von Bregenz.

         Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 25 September 2017.

            For the Council

            The President

         M. MAASIKAS

      (1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

      (2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

      (3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).


Important legal notice

|

E2002C1003(01)

Authorisation of State aid pursuant to Articles 61 and 63 of the EEA Agreement and Article 1(3) of Protocol 3 to the Surveillance and Court Agreement — EFTA Surveillance Authority decision not to raise objections

Official Journal C 238 , 03/10/2002 P. 0017 - 0017

Authorisation of State aid pursuant to Articles 61 and 63 of the EEA Agreement and Article 1(3) of Protocol 3 to the Surveillance and Court AgreementEFTA Surveillance Authority decision not to raise objections(2002/C 238/08)Date of adoption: 31 May 2002EFTA State: NorwayAid No: 020.500.041Title: On the notifications of a proposal for amended depreciation rules of the Petroleum Tax Act for production equipment and pipelines for gas linked to new large-scale liquefied natural gas (LNG) facilities located in Finnmark County or the municipalities of Kåfjord, Skjervøy, Nordreisa or Kvænangen in Troms County and the application of these rules to the Snøhvit projectObjective: The objective of the aid is regional developmentLegal basis: Ot.prp. no 84 (2001-2002)Aid intensity: Depending on the discount rate and provisions concerning interest deductability. Applying the authority's reference rate of interest of 6,32 % as discount factor, the aid intensity will be 5,8 % or less. A discount rate of 10 % gives a maximum aid intensity of 8 %. Applicable regional aid ceiling for the area is 25 % (Article 61(3)(c) EEA)Duration: The rules on accelerated depreciation, which are designed as a regional aid scheme, are based on the current regional aid map of Norway, which will expire by the end of 2006


title: 2009/122/EC: Council Decision of 10 February 2009 appointing a United Kingdom member of the Committee of the Regions

text:
               13.2.2009

               EN

               Official Journal of the European Union

               L 42/16

      COUNCIL DECISION

   of 10 February 2009
   appointing a United Kingdom member of the Committee of the Regions
   (2009/122/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal of the Government of the United Kingdom,
   Whereas:

               (1)

               On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the expiry of the mandate of Mr W.J. WILLIAMS,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following is hereby appointed to the Committee of the Regions as a member for the remainder of the current term of office, which runs until 25 January 2010:

               —

               Mr Robert BRIGHT, Councillor, Newport City.

         Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 10 February 2009.

            For the Council

            The President

         M. KALOUSEK

      (1)  OJ L 56, 25.2.2006, p. 75.


title: Decision (EU) 2017/1729 of the European Parliament of 27 April 2017 on discharge in respect of the implementation of the budget of the Bio-based Industries Joint Undertaking for the financial year 2015

text:
               29.9.2017

               EN

               Official Journal of the European Union

               L 252/336

         DECISION (EU) 2017/1729 OF THE EUROPEAN PARLIAMENT
   of 27 April 2017
   on discharge in respect of the implementation of the budget of the Bio-based Industries Joint Undertaking for the financial year 2015
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Bio-based Industries Joint Undertaking for the financial year 2015,

               —

               having regard to the Court of Auditors' report on the annual accounts of the Bio-based Industries Joint Undertaking for the financial year 2015, together with the Joint Undertaking's reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2015, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 21 February 2017 on discharge to be given to the Joint Undertaking in respect of the implementation of the budget for the financial year 2015 (05875/2017 — C8-0088/2017),

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 209 thereof,

               —

               having regard to Council Regulation (EU) No 560/2014 of 6 May 2014 establishing the Bio-based Industries Joint Undertaking (4), and in particular Article 12 thereof,

               —

               having regard to Commission Delegated Regulation (EU) No 110/2014 of 30 September 2013 on the model financial regulation for public-private partnership bodies referred to in Article 209 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (5),

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A8-0103/2017),

               1.

               Grants the Executive Director of the Bio-based Industries Joint Undertaking discharge in respect of the implementation of the Joint Undertaking's budget for the financial year 2015;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution forming an integral part of it to the Executive Director of the Bio-based Industries Joint Undertaking, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Antonio TAJANI

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 473, 16.12.2016, p. 7.

      (2)  OJ C 473, 16.12.2016, p. 8.

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

      (4)  OJ L 169, 7.6.2014, p. 130.

      (5)  OJ L 38, 7.2.2014, p. 2.


Avis juridique important

|

32004D0306

2004/306/EC: Council Decision of 2 April 2004 implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2003/902/EC

Official Journal L 099 , 03/04/2004 P. 0028 - 0029

Council Decisionof 2 April 2004implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2003/902/EC(2004/306/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Regulation (EC) No 2580/2001 of 27 December 2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism(1), and in particular Article 2(3) thereof,Whereas:(1) On 22 December, the Council adopted Decision 2003/902/EC implementing Article 2(3) of Regulation (EC) No 2580/2001 on specific restrictive measures directed against certain persons and entities with a view to combating terrorism and repealing Decision 2003/646/EC(2).(2) It is desirable to adopt an updated list of persons, groups and entities to which Regulation (EC) No 2580/2001 applies,HAS DECIDED AS FOLLOWS:Article 1The list provided for in Article 2(3) of Regulation (EC) No 2580/2001 shall be the following:1. PERSONS1. ABOU, Rabah Naami (a.k.a. Naami Hamza; a.k.a. Mihoubi Faycal; a.k.a. Fellah Ahmed; a.k.a. Dafri Rèmi Lahdi) born 1.2.1966 in Algiers (Algeria) (Member of al-Takfir and al-Hijra)2. ABOUD, Maisi (a.k.a. The Swiss Abderrahmane) born 17.10.1964 in Algiers (Algeria) (Member of al-Takfir and al-Hijra)3. AL-MUGHASSIL, Ahmad Ibrahim (a.k.a. ABU OMRAN; a.k.a. AL-MUGHASSIL, Ahmed Ibrahim) born 26.6.1967 in Qatif-Bab al Shamal, Saudi Arabia; citizen Saudi Arabia4. AL-NASSER, Abdelkarim Hussein Mohamed, born in Al Ihsa, Saudi Arabia; citizen Saudi Arabia5. AL YACOUB, Ibrahim Salih Mohammed, born 16.10.1966 in Tarut, Saudi Arabia; citizen Saudi Arabia6. ARIOUA, Azzedine, born 20.11.1960 in Constantine (Algeria) (Member of al-Takfir and al-Hijra)7. ARIOUA, Kamel (a.k.a. Lamine Kamel) born 18.8.1969 in Constantine (Algeria) (Member of al-Takfir and al-Hijra)8. ASLI, Mohamed (a.k.a. Dahmane Mohamed) born 13.5.1975 in Ain Taya (Algeria) (Member of al-Takfir and al-Hijra)9. ASLI, Rabah born 13.5.1975 in Ain Taya (Algeria) (Member of al-Takfir and al-Hijra)10. ATWA, Ali (a.k.a. BOUSLIM, Ammar Mansour; a.k.a. SALIM, Hassan Rostom), Lebanon, born 1960 in Lebanon; citizen Lebanon11. DARIB, Noureddine (a.k.a. Carreto; a.k.a. Zitoun Mourad) born 1.2.1972 in Algeria (Member of al-Takfir and al-Hijra)12. DJABALI, Abderrahmane (a.k.a. Touil) born 1.6.1970 in Algeria (Member of al-Takfir and al-Hijra)13. EL-HOORIE, Ali Saed Bin Ali (a.k.a. AL-HOURI, Ali Saed Bin Ali; a.k.a. EL-HOURI, Ali Saed Bin Ali) born 10.7.1965 alt. 11.7.1965 in El Dibabiya, Saudi Arabia; citizen Saudi Arabia14. FAHAS, Sofiane Yacine born 10.9.1971 in Algiers (Algeria) (Member of al-Takfir and al-Hijra)15. IZZ-AL-DIN, Hasan (a.k.a. GARBAYA, AHMED; a.k.a. SA-ID; a.k.a. SALWWAN, Samir), Lebanon, born 1963 in Lebanon, citizen Lebanon16. LASSASSI, Saber (a.k.a. Mimiche) born 30.11.1970 in Constantine (Algeria) (Member of al-Takfir and al-Hijra)17. MOHAMMED, Khalid Shaikh (a.k.a. ALI, Salem; a.k.a. BIN KHALID, Fahd Bin Adballah; a.k.a. HENIN, Ashraf Refaat Nabith; a.k.a. WADOOD, Khalid Adbul) born 14.4.1965 alt. 1.3.1964 in Pakistan, passport No 48855518. MOKTARI, Fateh (a.k.a. Ferdi Omar) born 26.12.1974 in Hussein Dey (Algeria) (Member of al-Takfir and al-Hijra)19. MUGHNIYAH, Imad Fa'iz (a.k.a. MUGHNIYAH, Imad Fayiz), Senior Intelligence Officer of HIZBALLAH, born 7.12.1962 in Tayr Dibba, Lebanon, passport No 432298 (Lebanon)20. NOUARA, Farid born 25.11.1973 in Algiers (Algeria) (Member of al-Takfir and al-Hijra)21. RESSOUS, Hoari (a.k.a. Hallasa Farid) born 11.9.1968 in Algiers (Algeria) (Member of al-Takfir and al-Hijra)22. SEDKAOUI, Noureddine (a.k.a. Nounou) born 23.6.1963 in Algiers (Algeria) (Member of al-Takfir and al-Hijra)23. SELMANI, Abdelghani (a.k.a. Gano) born 14.6.1974 in Algiers (Algeria) (Member of al-Takfir and al-Hijra)24. SENOUCI, Sofiane born 15.4.1971 in Hussein Dey (Algeria) (Member of al-Takfir and al-Hijra)25. SISON, Jose Maria (a.k.a. Armando Liwanag, a.k.a. Joma, in charge of NPA) born 8.2.1939 in Cabugao, Philippines26. TINGUALI, Mohammed (a.k.a. Mouh di Kouba) born 21.4.1964 in Blida (Algeria) (Member of al-Takfir and al-Hijra)2. GROUPS AND ENTITIES1. Abu Nidal Organisation (ANO), (a.k.a. Fatah Revolutionary Council, Arab Revolutionary Brigades, Black September, and Revolutionary Organisation of Socialist Muslims)2. Al-Aqsa Martyrs Brigade3. Al-Takfir and Al-Hijra4. Aum Shinrikyo (a.k.a. AUM, a.k.a. Aum Supreme Truth, a.k.a. Aleph)5. Babbar Khalsa6. Gama'a al-Islamiyya (Islamic Group), (a.k.a. Al-Gama'a al-Islamiyya, IG)7. Great Islamic Eastern Warriors Front (IBDA-C)8. Hamas (including Hamas-Izz al-Din al-Qassem)9. Holy Land Foundation for Relief and Development10. International Sikh Youth Federation (ISYF)11. Kahane Chai (Kach)12. Kurdistan Workers' Party (PKK) (a.k.a. KADEK, a.k.a. KONGRA-GEL)13. Lashkar e Tayyaba (LET)/Pashan-e-Ahle Hadis14. Mujahedin-e Khalq Organisation (MEK or MKO) (minus the "National Council of Resistance of Iran" (NCRI)) (a.k.a. The National Liberation Army of Iran (NLA, the militant wing of the MEK), the People's Mujahidin of Iran (PMOI), Muslim Iranian Student's Society)15. National Liberation Army (Ejército de Liberación Nacional)16. New Peoples Army (NPA), Philippines, linked to Sison Jose Maria C. (a.k.a. Armando Liwanag, a.k.a. Joma, in charge of NPA)17. Palestine Liberation Front (PLF)18. Palestinian Islamic Jihad (PIJ)19. Popular Front for the Liberation of Palestine (PFLP)20. Popular Front for the Liberation of Palestine-General Command, (a.k.a. PFLP-General Command, a.k.a. PFLP-GC)21. Revolutionary Armed Forces of Colombia (FARC)22. Revolutionary People's Liberation Army/Front/Party (DHKP/C), (a.k.a. Devrimci Sol (Revolutionary Left), Dev Sol)23. Shining Path (SL) (Sendero Luminoso)24. Stichting Al Aqsa (a.k.a. Stichting Al Aqsa Nederland, a.k.a. Al Aqsa Nederland)25. United Self-Defense Forces/Group of Colombia (AUC) (Autodefensas Unidas de Colombia)Article 2Decision 2003/902/EC is hereby repealed.Article 3This Decision shall be published in the Official Journal of the European Union.It shall take effect on the day of its publication.Done at Brussels, 2 April 2004.For the CouncilThe PresidentB. Cowen(1) OJ L 344, 28.12.2001, p. 70. Regulation as last amended by Commission Regulation (EC) No 745/2003 (OJ L 106, 29.4.2003, p. 22).(2) OJ L 340, 24.12.2003, p. 63.


title: 2009/304/EC: Commission Decision of 30 March 2009 appointing 12 members of the European Statistical Advisory Committee (Text with EEA relevance)

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 84/44

      COMMISSION DECISION

   of 30 March 2009
   appointing 12 members of the European Statistical Advisory Committee
   (Text with EEA relevance)
   (2009/304/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Decision No 234/2008/EC of the European Parliament and of the Council of 11 March 2008 establishing the European Statistical Advisory Committee and repealing Council Decision 91/116/EEC (1), and in particular Article 4(1)(a) thereof,
   After consultation of the Council,
   After consultation of the European Parliament,
   Whereas:

               (1)

               The European Statistical Advisory Committee comprises 24 members.

               (2)

               According to Article 4(1) of Decision No 234/2008/EC, 12 members shall be appointed by the Commission, after consulting the European Parliament and the Council.

               (3)

               Member States have provided the Commission with a list of candidates with a well-established qualification in the field of statistics.

               (4)

               In the appointment of those 12 members, the Commission shall endeavour to ensure that they represent, in equal measure, users, respondents, and other stakeholders in Community statistics (including the scientific community, the social partners and civil society),

         HAS DECIDED AS FOLLOWS:
   Article 1
   The persons named in the Annex are hereby appointed as members of the European Statistical Advisory Committee for a term of five years.
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 30 March 2009.

            For the Commission

         Joaquín ALMUNIA

            Member of the Commission

      (1)  OJ L 73, 15.3.2008, p. 13.

      ANNEX
      Karl Andrea FEMRELL
      Ladislav KABÁT
      Lea KAUPPI
      Irena E. KOTOWSKA
      Denise Anne LIEVESLEY
      Hristina MITREVA
      Luca PAOLAZZI
      Robert ROCHEFORT
      Julio RODRĺGUEZ LÓPEZ
      Ineke STOOP
      Hartmut TOFAUTE
      Brendan WALSH


title: Decision (EU) 2016/1503 of the European Parliament of 28 April 2016 on the closure of the accounts of the European Aviation Safety Agency for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/207

         DECISION (EU) 2016/1503 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on the closure of the accounts of the European Aviation Safety Agency for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Aviation Safety Agency for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Aviation Safety Agency for the financial year 2014, together with the Agency’s reply (1),

               —

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

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Agency in respect of the implementation of the budget for the financial year 2014 (05584/2016 – C8-0073/2016),

               —

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

               —

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

               —

               having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency, and repealing Council Directive 91/670/EEC, Regulation (EC) No 1592/2002 and Directive 2004/36/EC (4), and in particular Article 60 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5),

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A8-0095/2016),

               1.

               Notes that the final annual accounts of the European Aviation Safety Agency are as annexed to the Court of Auditors’ report;

               2.

               Approves the closure of the accounts of the European Aviation Safety Agency for the financial year 2014;

               3.

               Instructs its President to forward this decision to the Executive Director of the European Aviation Safety 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 409, 9.12.2015, p. 81.

      (2)  See footnote 1.

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

      (4)  OJ L 79, 19.3.2008, p. 1.

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

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


title: 75/2/EEC: Council Decision of 2 October 1974 on the conclusion of an Agreement between the European Economic Community and the Republic of Afghanistan on the supply of butteroil as food aid

text:
3 . 1 . 75                        Official Journal of the European Communities                          No L 1 /33
                                                  COUNCIL DECISION
                                                    of 2 October 1974
           on the conclusion of an Agreement between the European Economic Commu
             nity and the Republic of Afghanistan on the supply of butteroil as food aid
                                                        (75/2/ EEC)
           THE COUNCIL OF THE EUROPEAN COMMUNITIES,
           Having regard to the Treaty establishing the European Economic Community, and in
           particular Articles 113 , 114 and 228 thereof ;
           Having regard to the recommendation from the Commission ;
           Whereas by Regulation (EEC) No 530 /74 (') the Council decided to make 600 metric tons
           of butteroil available to the Republic of Afghanistan ,
           HAS DECIDED AS FOLLOWS :
                                                          Article 1          ,
           The Agreement between the European Economic Community and the Republic of
           Afghanistan on the supply of butteroil as food aid , the text of which is annexed hereto, is
           hereby concluded on behalf of the Community.
                                                          Article 2
           The President of the Council is hereby authorized to designate the persons empowered to
           sign the Agreement, and to confer on them the powers necessary to bind the Community.
            Done at Luxembourg, 2 October 1974.
                                                                         For the Council
                                                                          The President
                                                                          Ch . BONNET
            (') OJ No L 65 , 7 . 3 . 1974, p. 1 .


Avis juridique important

|

32002D0368

2002/368/EC: Council Decision of 13 May 2002 appointing a German member and alternate member of the Committee of the Regions

Official Journal L 133 , 18/05/2002 P. 0022 - 0022

Council Decisionof 13 May 2002appointing a German member and alternate member of the Committee of the Regions(2002/368/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,Having regard to the Council Decision of 22 January 2002(1) appointing the members and alternate members of the Committee of the Regions,Whereas a seat as a full member and a seat as an alternate member of the Committee of the Regions have become vacant following the resignation of Mr André SCHMITZ, notified to the Council on 29 April 2002, and the resignation of Ms Maria KRAUTZBERGER, notified to the Council on 29 April 2002;Having regard to the proposal from the German Government,HAS DECIDED AS FOLLOWS:Sole ArticleMs Monika HELBIG is hereby appointed a full member of the Committee of the Regions in place of Mr André SCHMITZ and Ms Gesine LÖTZSCH is hereby appointed an alternate member of the Committee of the Regions in place of Ms Maria KRAUTZBERGER for the remainder of their terms of office, which run until 25 January 2006.Done at Brussels, 13 May 2002.For the CouncilThe PresidentJ. Piqué I Camps(1) OJ L 24, 26.1.2002, p. 38.


Important legal notice

|

52005DP0268(02)

European Parliament decision on the request for defence of the immunity and privileges of Umberto Bossi (2004/2101(IMM))

Official Journal 157 E , 06/07/2006 P. 0070 - 0070

		1.European Parliament decision on the request for defence of the immunity and privileges of Umberto Bossi (2004/2101(IMM))The European Parliament,- having regard to the request by a barrister acting for Mr Umberto Bossi, for defence of his immunity in connection with criminal proceedings pending before the Brescia District Court, of 7 May 2004, announced in plenary sitting on 22 July 2004,- having regard to Articles 9 and 10 of the Protocol of 8 April 1965 on the Privileges and Immunities of the European Communities, and Article 6(2) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage,- having regard to the judgments of 12 May 1964 and 10 July 1986 [1] of the Court of Justice of the European Communities,- having regard to Rules 6(3) and 7 of its Rules of Procedure,- having regard to the report of the Committee on Legal Affairs (A6-0210/2005),A. whereas Umberto Bossi was a Member of the European Parliament in the fourth legislative term (start of mandate on 19 July 1994, mandate verified on 15 November 1994, mandate expired on 19 July 1999) and in the fifth legislative term (start of mandate on 20 July 1999, mandate verified on 15 December 1999, mandate expired on 10 June 2001 for incompatibility),B. whereas Members of the European Parliament may not be subject to any form of inquiry, detention or legal proceedings in respect of opinions expressed or votes cast by them in the performance of their duties [2],1. Decides to defend the immunity and privileges of Umberto Bossi;2. Proposes, pursuant to Article 9 of the above-mentioned Protocol and having regard to the proceedings of the relevant Member State, to declare that the proceedings in question should not be continued; therefore calls on the Court to draw the appropriate conclusions;3. Instructs its President immediately to forward this decision and the report of the committee responsible to the Brescia District Court.[1] Case 101/63: Wagner v. Fohrmann and Krier [1964] ECR 195 and Case 149/85: Wybot v. Faure and others [1986] ECR 2391.[2] Article 9 of the Protocol on the Privileges and Immunities of the European Communities.--------------------------------------------------


title: 2010/483/EU: Decision of the European Central Bank of 27 July 2010 amending Decision ECB/2007/5 laying down the Rules on Procurement (ECB/2010/8)

text:
               9.9.2010

               EN

               Official Journal of the European Union

               L 238/14

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 27 July 2010
   amending Decision ECB/2007/5 laying down the Rules on Procurement
   (ECB/2010/8)
   (2010/483/EU)
   THE EXECUTIVE BOARD OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 11.6 thereof,
   Having regard to Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (1), and in particular Article 19 thereof,
   Whereas:

               (1)

               The thresholds for public tender procedures laid down in Directive 2004/18/EC of the European Parliament and of the Council of 31 March 2004 on the coordination of procedures for the award of public works contracts, public supply contracts and public service contracts (2) have been changed by Commission Regulation (EC) No 1177/2009 of 30 November 2009 amending Directives 2004/17/EC, 2004/18/EC and 2009/81/EC of the European Parliament and of the Council in respect of their application thresholds for the procedures for the award of contracts (3). The European Central Bank (ECB), although not subject to Directive 2004/18/EC, intends to apply the same thresholds for its public tender procedures.

               (2)

               Research and development contracts in the field of banknote security require special security measures and can therefore not be put out to tender. It should be clarified that such contracts fall under the exception laid down in Article 6(1)(c) of Decision ECB/2007/5 (4).

               (3)

               Following a recent judgment of the Court of Justice of the European Union (5), it is necessary to clarify that the exemptions for cooperation agreements between the ECB and national central banks (NCBs) and cooperation agreements between the ECB and other Union institutions and bodies, international organisations or government agencies not only cover cooperation in the fulfilment of public tasks, but also auxiliary services for the fulfilment of public tasks.

               (4)

               Following recent judgments of the Court of Justice of the European Union (6), the time limit for raising objections to the ECB’s requirements needs to be refined further.

               (5)

               For reasons of transparency, and without prejudice to Decision ECB/2004/3 of 4 March 2004 on public access to European Central Bank documents (7), unsuccessful candidates and tenderers should be entitled to receive copies of all internal documents relating to the evaluation of their application or tender and, under certain conditions, copies of documents relating to the evaluation of the successful tender.

               (6)

               It is necessary to clarify that in exceptional, duly justified cases, extensions of a contract may exceed the initial term of a contract.

               (7)

               Decision ECB/2007/5 should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Amendments
   Decision ECB/2007/5 is amended as follows:

               1.

               in Article 1 the following definition is added:

                           ‘(q)

                           “research and development contracts in the field of banknote security” means contracts related to theoretical work or practical experimentation, analysis and research carried out under controlled conditions either:

                                       —

                                       for acquiring new knowledge and inventing new or improving existing materials, manufacturing processes or devices for the origination, production, transport, issuance, authentication and destruction of euro banknotes (including the origination materials of the latter),

                                       —

                                       for initiating the manufacture of new or improving existing materials, products or devices for the origination, production, transport, issuance, authentication and destruction of euro banknotes (including the origination materials of the latter).

                                 Research and development contracts in the field of banknote security do not include contracts for the pilot printing of euro banknotes.’;

               2.

               Article 2 is amended as follows:

                           (a)

                           paragraph 3(a) is replaced by the following:

                                       ‘(a)

                                       cooperation agreements between the ECB and NCBs which serve the fulfilment of Eurosystem/ESCB public tasks;’;

                           (b)

                           paragraph 3(c) is replaced by the following:

                                       ‘(c)

                                       cooperation agreements between the ECB and other Union institutions and bodies, international organisations or government agencies, which serve the fulfilment of public tasks;’;

               3.

               Article 4(3) is replaced by the following:
               ‘3.   The following threshold amounts shall apply:

                           (a)

                           EUR 193 000 for supply and service contracts;

                           (b)

                           EUR 4 845 000 for works contracts.’;

               4.

               Article 6 is amended as follows:

                           (a)

                           paragraph 1(c) is replaced by the following:

                                       ‘(c)

                                       when the ECB has classified the contract as secret or when the performance of the contract must be accompanied by special security measures, in accordance with the ECB’s rules on security or when the protection of the ECB’s essential interests so requires. Research and development contracts in the field of banknote security require special security measures and are therefore exempt from the requirements laid down in this Decision.’;

                           (b)

                           the following paragraph 2(g) is added:

                                       ‘(g)

                                       health and social services.’;

               5.

               Article 7(2) is replaced by the following:
               ‘2.   If a contract is concluded for a fixed term, its term may be extended beyond that initial term under the following conditions:

                           (a)

                           the contract notice or, in the case of a procedure under Chapter III, the request for a proposal, provided for the possibility of extensions;

                           (b)

                           the possible extensions are duly justified;

                           (c)

                           the possible extensions were taken into consideration when determining the applicable procedure in accordance with Article 4.

                     The totality of all extensions shall as a rule not exceed the term of the initial contract, except in duly justified cases.’;

               6.

               Article 21(2) is replaced by the following:
               ‘2.   If candidates or tenderers consider that the ECB’s requirements laid down in the contract notice, the invitation to tender or supporting documents are incomplete, inconsistent or illegal or that the ECB or another candidate/tenderer has infringed the applicable procurement rules, they shall notify their objections to the ECB within 15 days. If the irregularities affect the invitation to tender or other documents sent by the ECB, the time limit shall start to run from the date of receipt of the documentation. In other cases, the time limit shall start to run from the moment the candidates or tenderers become aware of the irregularity or could reasonably have become aware of it. The ECB may then either correct or supplement the requirements or remedy the irregularity as requested, or reject the request indicating the reasons therefor. Objections which are not communicated to the ECB within 15 days may not be raised at a later stage.’;

               7.

               Article 28(3) is replaced by the following:
               ‘3.   Candidates and tenderers may, within 15 days of receipt of the notification, request the ECB to provide the reasons for rejecting their application or their tender and to provide copies of all documents relating to the evaluation of their application or tender. Unsuccessful tenderers whose tender was admissible may also ask for the name of the successful tenderer as well as the key characteristics and relative advantage of its tender. They may also request copies of all documents relating to the evaluation of the successful tender, subject to paragraph 4.’;

               8.

               Article 30(2) is replaced by the following:
               ‘2.   Tenderers may, within 15 days of receipt of the notification, request the ECB to provide the reasons for rejecting their tender and to provide copies of all documents relating to the evaluation of their tender.’

         Article 2
   Entry into force
   1.   This Decision shall enter into force on 1 October 2010.
   2.   Tender procedures started before the entry into force of this Decision shall be completed in accordance with the provisions of Decision ECB/2007/5 in force at the date when the tender procedure started. For the purpose of this provision a tender procedure is deemed to start on the date on which the contract notice was sent to the Official Journal of the European Union or, in cases where no such notice is required, on the date when the ECB invited one or several suppliers to submit a tender.

      Done at Frankfurt am Main, 27 July 2010.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 80, 18.3.2004, p. 33.

      (2)  OJ L 134, 30.4.2004, p. 114.

      (3)  OJ L 314, 1.12.2009, p. 64.

      (4)  OJ L 184, 14.7.2007, p. 34.

      (5)  Case C-480/06 Commission v Germany [2009] ECR I-4747.

      (6)  Case C-406/08 Uniplex (UK) v NHS Business Services Authority [2010] ECR I-0000 and C-456/08 Commission v Ireland [2010] ECR I-0000.

      (7)  OJ L 80, 18.3.2004, p. 42.