title: 2012/598/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Union Agency for Fundamental Rights for the financial year 2010#Resolution of the European Parliament of 10 May 2012 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Union Agency for Fundamental Rights for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/281

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Union Agency for Fundamental Rights for the financial year 2010
   (2012/598/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Union Agency for Fundamental Rights for the financial year 2010,

               —

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

               —

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

               —

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

               —

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

               —

               having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (3), and in particular Article 21 thereof,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0122/2012),

               1.

               Grants the Director of the European Union Agency for Fundamental Rights discharge in respect of the implementation of the Agency’s budget for the financial year 2010;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 9.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 53, 22.2.2007, p. 1.

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

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

                  —

                  having regard to the final annual accounts of the European Union Agency for Fundamental Rights for the financial year 2010,

                  —

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

                  —

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

                  —

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

                  —

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

                  —

                  having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (3), and in particular Article 21 thereof,

                  —

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

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0122/2012),

                  A.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts of the European Union Agency for Fundamental Rights (‘the Agency’) for the financial year 2010 are reliable and that the underlying transactions are legal and regular,

                  B.

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

                              —

                              urged the Agency to improve its budgetary and recruitment planning in order to address the lack of consistency between its budgetary and staff forecasting,

                              —

                              called on the Agency to make progress in ensuring a realistic evaluation of tenders,

                              —

                              called on the Agency to remedy the four outstanding recommendations of the Internal Audit Service (IAS),

                  C.

                  whereas the overall budget of the Agency for the financial year 2010 was EUR 20 200 000, which is an increase of 17,44 % compared to 2009,

                  D.

                  whereas the initial contribution of the Union to the budget of the Agency for 2010 was EUR 19 100 000 compared to EUR 17 000 000 in 2009 (6), which represents an increase of 12,35 %,

         Budgetary and financial management

                  1.

                  Recalls that the initial Union contribution to the Agency for 2010 amounted to EUR 19 100 000; notes, however, that EUR 900 000, coming from the recovery of surplus, was added to this amount which, as a result, makes a total Union contribution of EUR 20 000 000;

                  2.

                  Acknowledges from the Agency’s Report on Budgetary and Financial Management (RBFM) that two amending budgets took place during the financial year 2010 and amounted to EUR 212 010; notes in particular that the purpose of the two amending budgets was twofold:

                              —

                              to take into consideration Croatia’s participation in the work of the Agency;

                              —

                              to acknowledge that the Agency received one third of the monthly rent for the period January to June 2010 from the Austrian authorities;

                  3.

                  Notes from the RBFM that EUR 13 830 000 was allocated to administrative expenses and EUR 6 170 000 was allocated to the operational expenditure; notes that these figures represent an increase of 13 % for administrative expenditure and an increase of 26 % for operational expenditure compared to the 2009 final budget;

                  4.

                  Ascertains from the Agency that the implementation rate of the Union contribution followed the previous year’s trend and remained at 100 %, and that the budget execution rate in terms of payments reached 61,65 % in 2010 compared to 60,64 % in 2009; notes with concern that under Title III (Operational expenditure) the budget execution rate in terms of payments reached only 28,08 %; therefore calls on the Agency to make further efforts and to take appropriate actions to ensure a greater level of budget execution in terms of payment, in particular under Title III;

                  5.

                  Welcomes the Agency’s ICT software development for project management (i.e. MATRIX), which constitutes an effective computer-aided tool for setting up project plans and documenting them in a uniform manner and for implementing and managing projects, and which, based on the IAS audit on planning and monitoring of March 2011, was stated to constitute best practice and a source of strength; also welcomes the Agency’s initiative to link MATRIX with ABAC, the budgetary system, in order to provide information on the level of commitment and payment appropriations execution;

         Carry-over appropriations and transfers

                  6.

                  Urges the Agency to improve its budgetary implementation planning in order to reduce its high level of carry-overs (EUR 6 900 000); notes in particular from the Court of Auditors that the Agency committed 48 %, i.e. EUR 4 600 000, of its annual Title III (Operational expenditure) in December 2010; is of the opinion that such concentration of spending in the final weeks of the year has a significant impact on the level of carry-overs and indicates a clear need to improve the Agency’s budgetary implementation planning; notes from the Agency that it has recently adopted a budget module which should enable it to plan annually its level of carry-overs;

                  7.

                  Acknowledges, nevertheless, the Agency’s statement that it has taken appropriate measures (e.g. planning two years in advance) to improve spreading budget implementation throughout the year, thereby avoiding concentration during the last month;

                  8.

                  Ascertains from the Agency that the implementation rate of appropriations carried forward automatically from 2009 to 2010 reached 94 % in 2010, leaving EUR 414 633 unused;

                  9.

                  Notes from the RBFM that the Management Board approved two budgetary transfers totalling EUR 2 791 055; takes note that these transfers were linked to the allocation of the surplus generated under Title 1 (Staff expenditure) due to delays in recruitment;

                  10.

                  Establishes from the RBFM that the Director of the Agency authorised 14 budgetary transfers totalling EUR 228 111; notes from the Agency that these transfers mainly relate to corrective actions required for the efficient implementation of its Annual Work Programme as well as for administrative expenditure;

                  11.

                  Notes with concern the Court of Auditors’ comment on the commitment of 48 % of the operational expenditure in the last month of 2010 and on the high level of carry-overs as a consequence; supports the efforts of the Agency to avoid this situation in the future, namely by planning its activities two years in advance and setting objectives during the course of the year in respect of budget implementation; calls on the Agency to ensure that its budget planning allows for ad hoc requests by Parliament; notes that almost all amounts carried over to 2011 were used, leading to a final 2010 outturn of 98,55 %;

                  12.

                  Invites the Agency to take the necessary steps to determine and resolve the main obstacles related to budget expenditure, project funding, recruitment, and legal and administrative constraints, in order to ensure the efficient management of its budget;

         Human resources

                  13.

                  Notes from its RBFM that the Agency faced difficulties in attracting candidates to respond to the call for expressions of interest for the posts of Seconded National Experts; notes with disappointment that two successful candidates withdrew their expressions of interest in secondment to the Agency;

                  14.

                  Notes that discharge in respect of the implementation of the budget of the Agency should continue to be based on its performance throughout the year;

                  15.

                  Notes with concern the delay in completing recruitment procedures, meaning that only 59 out of 72 posts could be filled during 2010; calls on the Agency to take all necessary steps to prevent a recurrence of this situation; notes with concern the allegations of harassment of staff and the lawsuit that has been filed; requires the Agency to address those allegations adequately; calls on the Agency to clarify the treatment of whistleblowers and to provide a written report to Parliament on the application of the rules in place to protect whistleblowers;

                  16.

                  Notes with concern that, during the 2009 discharge procedure, the Court of Auditors already commented that the Agency could improve its budgetary and recruitment planning, notably in respect of the high vacancy rate (21 %) and the high volume of appropriations carried forward; reiterates that the Agency should take all necessary steps to improve the situation;

         Performance

                  17.

                  Acknowledges from its Annual Activity Report that the Agency adopted a code of good administrative behaviour which, together with the Staff Regulations, aims to ensure ethical conduct, avoid conflicts of interest, prevent fraud and encourage reporting of irregularities; notes, moreover, that specific measures for awareness-raising and avoiding conflicts of interest (declarations) are taken during recruitment procedures and procurement selection panels;

                  18.

                  Notes with satisfaction that, in order to further strengthen this internal control, the Agency aims to improve the application of the whistleblowing rules and the protection of whistleblowers, and that this improvement is planned to take place during 2012; calls on the Agency to inform the discharge authority of the measures adopted and implemented in this respect;

         Internal audit

                  19.

                  Acknowledges that the IAS followed up the implementation of its recommendations made in 2010; notes in particular that all those recommendations were closed;

                  20.

                  Notes from the Agency that the IAS performed an audit on planning and monitoring in March 2011 and formulated 11 recommendations, one of which was rated as ‘very important’, seven as ‘important’ and three as ‘desirable’; takes note of the Agency’s statement that the IAS considered 10 of the 11 recommendations to be implemented and that the remaining ‘important’ recommendation was considered to be still in progress;

                  21.

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

                  22.

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

         (1)  OJ C 366, 15.12.2011, p. 9.

         (2)  OJ L 248, 16.9.2002, p. 1.

         (3)  OJ L 53, 22.2.2007, p. 1.

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

         (5)  OJ L 250, 27.9.2011, p. 220.

         (6)  OJ L 64, 12.3.2010, p. 1037.

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

      ANNEX

         EUROPEAN PARLIAMENT RECOMMENDATIONS OVER THE PAST YEARS

                  Agency for Fundamental Rights

                  2006

                  2007

                  2008

                  2009

                  Performance

                  n.a.

                              —

                              The Agency should strive for synergies with other institutions active in the field of human rights

                              —

                              SMART objectives and RACER indicators should be introduced in the assessments of the achievements

                  n.a.

                  Budgetary and Financial Management: procurement procedures

                              —

                              The Agency did not respect the rules for budget presentation

                              —

                              Issues in the budgetary management

                              —

                              The principle of sound financial management has been threatened by the published evaluation method; it has decreased the relative importance of the price criterion (awaiting for a new evaluation method)

                              —

                              Almost all appropriations were committed (EUR 13 900 000 out of EUR 14 200 000)

                              —

                              The principle of sound financial management has been threatened by the published evaluation method; it has decreased the relative importance of the price criterion

                              —

                              Urges the Agency to improve its budgetary and recruitment planning in order to redress the lack of consistency between its budgetary and staff forecasting

                              —

                              Calls on the Agency to make progress in ensuring a realistic evaluation of tenders

                  Human resources

                  n.a.

                  n.a.

                  n.a.

                  n.a.

                  Internal audit

                  n.a.

                  n.a.

                              —

                              The Agency fulfilled all the recommendations made by the Internal Audit Service

                              —

                              Out of nine recommendations of the IAS, four have yet to be implemented by the Agency


title: 2013/626/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the SESAR Joint Undertaking for the financial year 2011#Resolution of the European Parliament of 17 April 2013 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget for the SESAR Joint Undertaking for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/369

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on discharge in respect of the implementation of the budget of the SESAR Joint Undertaking for the financial year 2011
   (2013/626/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the SESAR Joint Undertaking for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the SESAR Joint Undertaking for the financial year 2011, together with the replies of the Joint Undertaking (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05755/2013 – C7-0040/2013),

               —

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

               —

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

               —

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

               —

               having regard to Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) (4), and in particular Article 4b thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0101/2013),

               1.

               Grants the Executive Director of the SESAR Joint Undertaking discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2011;

               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 SESAR 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

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 6, 10.1.2013, p. 46.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 64, 2.3.2007, p. 1.

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

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 17 April 2013
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget for the SESAR Joint Undertaking for the financial year 2011
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the SESAR Joint Undertaking for the financial year 2011,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the SESAR Joint Undertaking for the financial year 2011, together with the replies of the Joint Undertaking (1),

                  —

                  having regard to the Council’s recommendation of 12 February 2013 (05755/2013 – C7-0040/2013),

                  —

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

                  —

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

                  —

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

                  —

                  having regard to Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) (4), and in particular Article 4b thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

                  —

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

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0101/2013),

                  A.

                  whereas the SESAR Joint Undertaking (‘the Joint Undertaking’) was set up in February 2007 to run the Single European Sky Air Traffic Management Research (SESAR) programme that aims to modernise air traffic management in Europe,

                  B.

                  whereas the Joint Undertaking started to work autonomously in August 2007,

                  C.

                  whereas the Joint Undertaking will own all the tangible and intangible assets which it creates or which are transferred to it for the development phase of the SESAR project in accordance with specific agreements with its members,

                  D.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts of the Joint Undertaking for the financial year 2011 are reliable and that the underlying transactions are legal and regular,

                  E.

                  whereas in April 2010 the Court of Auditors delivered Opinion No 2/2010 on the SESAR Financial Rules,

                  F.

                  whereas the budget for the 2008-2013 development phase of the SESAR project is EUR 2 100 000 000,

         Budget and Financial Management

                  1.

                  Takes note that the Joint Undertaking’s final budget for the financial year 2011 included commitment appropriations of EUR 148 000 000 and payment appropriations of EUR 91 700 000; further acknowledges that the utilisation rates for commitment and payment appropriations were 99,4 % and 82,4 % respectively;

                  2.

                  Notes that at year end 2011, the Joint Undertaking had a positive budget outturn of EUR 15 600 000, with revenue of EUR 91 200 000 against payments of EUR 75 600 000; notes that the situation resulted from:

                              —

                              the contributions from Joint Undertaking’ members: EUR 34 000 000,

                              —

                              the outturn of the previous year and other sources of revenue: EUR 57 200 000,

                              —

                              payments of the Joint Undertaking: EUR 75 600 000,

                              —

                              positive budget outturn: EUR 15 600 000;

                  3.

                  Points out that year end deposits in bank accounts totalling EUR 15 300 000 still represent a breach of the budgetary principle of equilibrium; acknowledges that the progress has been positive with deposits in bank accounts representing EUR 57 200 000 at the end of 2010 and EUR 86 800 000 at the end of 2009; calls on the Joint Undertaking to continue to implement concrete measures to attain budget equilibrium;

                  4.

                  Calls on the Joint Undertaking to continue its efforts to ensure sound financial management and continued respect for budgetary principles; notes also that the Joint Undertaking filled 34 out of 39 posts authorised in its establishment plan on 31 December 2011;

         Internal control systems

                  5.

                  Welcomes the fact that in 2011, a review of the Joint Undertaking’s business processes carried out by an independent external auditor found the internal control systems to be operating effectively; notes that in April 2012, the Accounting Officer formally validated the underlying business processes in line with the Financial Rules of the Joint Undertaking, albeit not before repeated remarks by the Court of Auditors;

         Internal auditing function

                  6.

                  Welcomes the fact that in November 2011, the Administrative Board of the Joint Undertaking adopted a Coordinated Internal Audit Service Strategic Audit Plan for the Joint Undertaking for the period 2012-2014 following the clarification of the operational roles of the Commission’s Internal Audit Service and of the Joint Undertaking’s internal auditing function; expects to be informed about the results of the implementation of that Strategic Audit Plan and draws the attention to the fact that the Joint Undertaking was set up in February 2007;

         Late payment of membership contributions

                  7.

                  Deplores the fact that the deadline for the payment of cash contributions to the Joint Undertaking from its members was not respected; notes that at the end of August 2011, there remained 17 outstanding recovery orders, totalling EUR 3 700 000 and that one member had paid no annual contribution at all by the end of 2011; notes the Joint Undertaking’s reply that the late contribution still pending at year end was cashed in February 2012; urges the Joint Undertaking to nevertheless ensure the respect of contractual deadlines for the payment of cash contributions by its members that represent 10 % of their global contributions to the project;

         SESAR programme objectives

                  8.

                  Acknowledges that the Joint Undertaking was responsible at the end of 2011 for a total of 310 research and development and management projects, of which 282 are in execution phase; emphasises that the ‘development phase’ managed by the Joint Undertaking should see its end in 2016; calls on the Joint Undertaking to use all the financial resources made available to it to complete the development of the technology necessary for the deployment of the SESAR programme on time;

                  9.

                  Acknowledges the Joint Undertaking’s key contribution to developing a modernised air traffic management system for Europe; calls on Member States to honour their commitment to achieve the goal of a Single European Sky, the completion of which is intrinsically linked to that of the SESAR programme;

                  10.

                  Calls on the Joint Undertaking to continue to inform the discharge authority about the stage of implementation of the projects under the SESAR programme and to present the results achieved;

                  11.

                  Notes that the Joint Undertaking is designed as a public-private partnership and that public and private interests are intertwined; recalls that the founding members are the Union, represented by the Commission, and Eurocontrol, represented by its Agency, together with 15 public and private enterprises from the air navigation industry; recommends the absolute need, under this circumstances, to ensure that potential conflicts of interest should not be dismissed but addressed properly;

         Other issues

                  12.

                  Reiterates its invitation for the Court of Auditors to provide, within a reasonable deadline, a special report to Parliament on common issues which occur due to the nature of the joint undertakings, and which should be addressed by the joint undertakings together with their partners in order to ensure their added value and efficient execution of Union research, technological development and demonstration programmes; notes, furthermore, that that report should include an assessment of the effectiveness of the joint undertakings’ establishment and structure.

         (1)  OJ C 6, 10.1.2013, p. 46.

         (2)  OJ L 248, 16.9.2002, p. 1.

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

         (4)  OJ L 64, 2.3.2007, p. 1.

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


title: 2013/547/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the European Union general budget for the financial year 2011, Section VI — European Economic and Social Committee#Resolution of the European Parliament of 17 April 2013 with observations forming an integral part of the Decision on discharge for implementation of the European Union general budget for the financial year 2011, Section VI — European Economic and Social Committee

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/126

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on discharge in respect of the implementation of the European Union general budget for the financial year 2011, Section VI — European Economic and Social Committee
   (2013/547/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2011 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2011 (COM(2012) 436 – C7-0229/2012) (2),

               —

               having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2011, together with the institutions’ replies (3),

               —

               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 2011 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 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 (6), and in particular Articles 164, 165 and 166 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 (A7-0076/2013),

               1.

               Grants the Secretary-General of the European Economic and Social Committee discharge in respect of the implementation of the European Economic and Social Committee budget for the financial year 2011;

               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 Council, the Commission, the Court of Justice of the European Union, the Court of Auditors, the European Ombudsman and the European Data Protection Supervisor, 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 L 68, 15.3.2011.

      (2)  OJ C 348, 14.11.2012, p. 1.

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

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

      (5)  OJ L 248, 16.9.2002, p. 1.

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

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 17 April 2013
      with observations forming an integral part of the Decision on discharge for implementation of the European Union general budget for the financial year 2011, Section VI — European Economic and Social Committee
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the European Union general budget for the financial year 2011 (1),

                  —

                  having regard to the consolidated annual accounts of the European Union for the financial year 2011 (COM(2012) 436 – C7-0229/2012) (2),

                  —

                  having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2011, together with the institutions’ replies (3),

                  —

                  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 2011 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Article 314(10) and Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Articles 50, 86, 145, 146 and 147 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 (6), and in particular Articles 164, 165 and 166 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 (A7-0076/2013),

                  1.

                  Welcomes the fact that, on the basis of its audit work, the Court of Auditors concluded that the payments as a whole for the year ended on 31 December 2011 for administrative and other expenditure of the institutions and bodies were free from material error;

                  2.

                  Points out that in the 2011 annual report, the Court of Auditors included observations on the conclusion of contracts with temporary and contract staff, identifying some inconsistencies in the guidelines applicable to the grading and recruitment of staff; calls on the European Economic and Social Committee (EESC) to ensure that those inconsistencies do not recur;

                  3.

                  Takes note of the replies given to the Court of Auditors’ observations and the information given on the update of the guidelines applicable to the grading and recruitment of staff;

                  4.

                  Notes that in 2011, the EESC had commitment appropriations of EUR 128 600 000 (EUR 123 173 749 in 2010) available, with a utilisation rate of 95,4 %, lower than the rate of 98 % of 2010; notes that this is mainly due to the Council’s decision not to adopt the Commission’s proposal for salary adjustments for 2011; stresses that the EESC budget is purely administrative, with a large amount spent on expenditure concerning persons working within the institution and the remaining amount relating to buildings, furniture, equipment and miscellaneous running costs;

                  5.

                  Supports the EESC’s efforts to limit the budget for 2013, keeping it at the level of 2012 and thereby ensuring a flat rate increase;

                  6.

                  Takes note of the follow up observations to the Parliament 2010 Discharge Resolution attached to the EESC annual activity report; asks to be informed about the measures taken by the EESC to carry out a detailed spending review and about the results of that exercise;

                  7.

                  In its resolutions of May 2011 and May 2012 granting discharge in respect of the implementation of the EESC budget, Parliament called on the European Ombudsman to inform it of cases of maladministration which had arisen within the EESC; expresses its concern at the Decision of the European Ombudsman of 6 November 2012 — complaint No 2744/2009(MF)JF — relating to a ‘very serious case of maladministration’ and stating its intention to forward that decision to the President of the Parliament for consideration as to whether it should be submitted to the competent parliamentary committee; takes note that the EESC has pledged, and has taken measures, to prevent similar situations from happening in future;

                  8.

                  Congratulates the EESC for the reform of the financial reimbursement rules relating to its members, including reimbursement of transport tickets on the basis of real cost only, and expects the Council to approve it without delay; recalls that the system should be fully operational by the beginning of the next EESC term;

                  9.

                  Notes with satisfaction that the decision to publicise the declarations of financial interests of the EESC members was implemented in 2012;

                  10.

                  Welcomes the strengthening of cooperation between EESC members and Parliament’s Committee on Budgetary Control, in particular in relation to the discharge exercise;

                  11.

                  Notes with satisfaction that the EESC–Committee of the Regions Cooperation agreement is estimated to make savings/synergies of around EUR 40 million; considers that it would be interesting to have a more recent evaluation of the benefits of this agreement since the data above is from 2005 and did not take into account the situation in the EU27;

                  12.

                  Congratulates both the EESC and the Committee of the Regions for receiving EMAS and ISO-14001 certification;

                  13.

                  Draws attention to the obligation to publish energy consumption and renewable energy share data; asks to be informed about the energy used from renewable sources in the annual activity reports;

                  14.

                  Is pleased with the achievements in the area of translation following the renewed EESC–Committee of the Regions Cooperation agreement; notes, however, that in 2011, there was a higher demand for translation from external translators compared to previous years; encourages the EESC to make further efforts to better plan the translation picks;

                  15.

                  Supports the conclusions of the mid-term evaluation of the administrative cooperation agreement between the EESC and the Committee of the Regions; considers that some improvements should be made to rationalise human resources in the Joint Services and in translation;

                  16.

                  Proposes that measures be adopted to enhance cooperation in the management of joint services;

                  17.

                  Urges the EESC to provide details in its annual report of specific budget savings resulting from the implementation of a joint agreement on administrative activities;

                  18.

                  Wishes to be informed of the budgetary impact of using the space set aside for EESC videoconferences with the Committee of the Regions once those videoconferences commence;

                  19.

                  Takes note of the steps taken by the EESC to develop a self-assessment of its work with the assistance of the European Institute for Public Administration;

                  20.

                  Considers positive the decrease of the unused rate of interpretation services requested from 12,3 % in 2010 to 8,9 % in 2011; welcomes the fact that the EESC has provided this very useful information; notes, however, that the rate of unused services continues to be high and invites the EESC to make further efforts to diminish this figure; asks the EESC to monitor changes made and to provide detailed information on how this problem is being addressed;

                  21.

                  Recommends the introduction of a joint procurement system for translation services which would enable such services to be shared between institutions and help to ensure that they are fully utilised;

                  22.

                  Calls on the EESC to include detailed information on communication costs and on the conclusions drawn from them;

                  23.

                  Takes note of the very high execution rate of the communication budget which was EUR 1 712 535 in 2011; welcomes its decrease to EUR 1 597 200; for the period of 2012 and 2013 congratulates the EESC for all the initiatives and events that have been created to promote its work and to build bridges between the civil society and Union institutions; is of the opinion that the EESC, like all the other institutions, can communicate effectively with less means;

                  24.

                  Regrets that during 2011, there was an inappropriate linkage of the institutional website of the EESC and the personal blog of its Secretary-General, which only ceased after an incident in which comments on the latter were highlighted; reiterates, the importance of separating institutional information and the personal opinions of officials;

                  25.

                  Wishes to see information included in the annual report on the manner in which EESC employees may use the pre-school facilities; takes note of the unexpected end of the agreement with the Council for EESC staff to use its child care facilities and invites the EESC to look at possible solutions;

                  26.

                  Wishes to see more detailed information included in the EESC’s annual report on the provision of space for meetings organised by external civil-society organisations working in conjunction with the EESC; welcomes more information on the benefits and costs for those organisations and the way in which they are selected; welcomes the precise criteria laid down in choosing the organisation and the event that has to be related to the Union, not having commercial purpose or pursuing a political objective and has to highlight the EESC’s role;

                  27.

                  Endorses the Internal Audit recommendations settled on Appendix B of the EESC annual activity report;

                  28.

                  Acknowledges the projects developed to modernise document management and the information technology (IT) infrastructure; believes that the document management reform is developing well and will contribute to an improvement in the EESC’s performance; hopes that the IT reform will achieve the same results; asks these projects to be followed up in the 2012 annual activity report.

         (1)  OJ L 68, 15.3.2011.

         (2)  OJ C 348, 14.11.2012, p. 1.

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

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

         (5)  OJ L 248, 16.9.2002, p. 1.

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


Avis juridique important

|

31984D0129

84/129/EEC: Commission Decision of 6 March 1984 terminating the anti-dumping proceeding concerning imports of caustic-burned natural magnesite originating in the People' s Republic of China

Official Journal L 066 , 08/03/1984 P. 0032 - 0035

*****COMMISSION  DECISION  of 6 March 1984  terminating the anti-dumping proceeding concerning imports of caustic-burned natural magnesite originating in the People's Republic of China  (84/129/EEC)  THE COMMISSION OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3017/79 of 20 December 1979 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), as amended by Regulation (EEC) No 1580/82 (2), and in particular Article 10 thereof,  Whereas:  A. Procedure  (1) In June 1982 the Commission received a complaint lodged by the Grecian Magnesite Mining Industrial Shipping and Commercial Co. SA on its own behalf and on behalf of all producers of caustic-burned magnesite in the Community, whose collective output constitutes all Community production of the product in question. The complaint contained evidence of dumping and of material injury resulting therefrom, which was considered sufficient to justify the initiation of a proceeding. The Commission accordingly announced, by a notice published in the Official Journal of the European Communities (3), the initiation of an anti-dumping proceeding concerning imports into the Community of natural magnesite, caustic-burned, falling within NIMEXE code ex 25.19-59, originating in the People's Republic of China, and commenced an investigation.  (2) The Commission, by Regulation (EEC) No 3541/82 (4), imposed a provisional anti-dumping duty on imports of natural magnesite, caustic-burned, with an MgO content varying between 70 and 91 %, originating in the People's Republic of China. The Commission notified the exporters known to be concerned of its intention to prolong the provisional duty for a further period of two months. These exporters, who represented a significant percentage of the trade concerned, did not object. The duty was consequently extended for a maximum period of two months by Regulation (EEC) No 992/83 (5).  (3) Following the imposition of the provisional anti-dumping duty the exporters' representatives, certain importers and the Community producers concerned requested, and were granted, an opportunity to be heard by the Commission. Exporters, importers, the Community producers and consumers of the product concerned made written submissions making known their views on the duty.  (4) The exporters and main importers were informed of the essential facts and grounds on the basis of which the Commission intended to recommend definitive action.  (5) In June 1983 the Commission submitted a proposal to the Council for the imposition of a definitive anti-dumping duty on the imports of the product concerned. The Council did not, however, adopt such proposal.  (6) Thereafter, the Commission continued the investigation which covered the comparability of the products involved, the choice of a market-economy non-member country, the normal value and the injury.  (7) The original investigation period (the last six months of 1981 and the first six months of 1982) was extended to include the last six months of 1982 and the first six months of 1983.  B. Like products  (8) The parties involved in this proceeding expressed strongly conflicting opinions concerning the comparability of the products originating in the exporting country, the market-economy non-member country and the Community. The experts appointed by the Commission after the imposition of the provisional anti-dumping duty to make a study on this matter did not reach sufficiently convincing joint conclusions. The parties concerned were invited for the second  time to suggest names of experts who could make a new study, but were not able to reach agreement concerning the nomination of a person as an objective expert. The Commission itself, therefore, continued the investigation, in particular by contacting all the users who had been made known either by the Community producers or by the importers or any other party.  (9) From the information now available to the Commission, the following conclusions may be drawn with regard to the comparability of the products concerned:  (a) the different microstructure of the raw material (cryptocristalline or macrocristalline) from which the products under investigation are derived has almost no relevance to the vast majority of applications of these products;  (b) the use of rotary kilns for the burning of the raw material does not generally determine the characteristics of the product under investigation. Furthermore, all producers concerned (in the exporting country, in the market-economy non-member country and in the EEC) have both shaft and rotary kilns;  (c) the products concerned all fall within the same Common Customs Tariff subheading;  (d) all the products under investigation have the same main chemical component, MgO, the content varying between 70 and 91 %, and additional chemical components: Fe2O3, SiO2, CaO and Al2O3. The content of these impurities varies by country of origin, the area of extraction and even according to the kiln in which they were burned;  (e) with regard to the applications:  (aa) agricultural uses, constituting by far the most important single application:  - only the MgO component is relevant,  - the exporters and most of the importers have recognized the interchangeability of the products irrespective of the country of origin;  (bb) other uses:  - although some users give preference to a product originating in a particular country, it has not been proven that the products are not generally interchangeable; furthermore, in some cases the users may mix the products from different origins,  - with regard to some uses the products do not seem to be generally interchangeable, mainly because of the different SiO2 content. However, the exporters do not guarantee that the level of impurities will be below a certain limit.  Furthermore, the quantity of the Chinese product, with regard to which the SiO2 content may eventually determine the use, does not represent more than 10 % of the market of caustic-burned natural magnesite in the EEC,  - the Chinese exporters recognized interchangeability with regard to all but one application,  - in their commercial leaftlets the exporters advertise a wide range of uses which are comparable to those of the Community producers.  (10) On the basis of the data under paragraph 9, it is concluded that the products concerned originating in China and Greece are not identical within the meaning of Article 2 (12) of Council Regulation (EEC) No 3017/79, but have characteristics closely resembling one another.  C. Normal value  (11) During the proceeding it was repeatedly argued by the exporters and most of the importers that the manufacturers of caustic-burned natural magnesite in China benefit from an exceptional natural competitive advantage over any other producer whose prices could be used by the Commission for establishing normal value. Such advantage was claimed to be due to the exceptionally high purity of the raw material resulting in a much cheaper production process than in other countries.  (12) With regard to the exceptional natural competitive advantages claimed by the Chinese exporters, adjustments of the normal value cannot be made since it is uncertain how these advantages, if they really existed and were not counterbalanced by competitive disadvantages, would be reflected in the normal value if the same conditions existed in the market-economy non-member country, as prices are not only a function of costs, but also of demand. Furthermore, if normal value were to be based on constructed value in a market-economy country, any adjustment of costs established in a market-economy non-member country to take account of alleged natural advantages would involve relying on costs and resource allocations in a non-market-economy country, which Article 2 (5) of Regulation (EEC) No 3017/79 was specifically designed to exclude.  (13) In order to determine the normal value in an appropriate and not unreasonable manner, the parties concerned were invited to make proposals regarding the choice of a market-economy non-member country where the raw material and production process might permit the best comparison. Finally Austria was selected by the Commission for the following reasons:  - despite the disagreement amongst exporters and importers, Austria had been suggested by one of the main importers,  - the Community producers, who had proposed Spain in their complaint, did not object to this choice,  - in Austria the extraction of the raw material is relatively simple and there is almost no waste related to the raw material extracted for the manufacturing of the product concerned,  - the Austrian producer manufactures different qualities of the product concerned for a wider range of applications, whereas in Spain the vast majority was sold on the agricultural market only. The wider range of Austrian sales was in exports, and their export prices to the Community were therefore considered as constituting an appropriate and reasonable choice for normal value.  D. Export prices  (14) Export prices were determined on the basis of the prices paid or payable for the products sold for export to the Community.  E. Comparison  (15) On the basis of these facts the dumping margin, being equal to the amount by which the normal value as established exceeds the price for export to the Community, amounts to 48 %.  F. Injury  (16) With regard to the injury caused by the dumped imports, the evidence available to the Commission shows that imports into the Community from China of caustic-burned magnesite increased from 41 380 tonnes in 1979 to 59 951 tonnes in 1982, with a consequent increase in market share from 12 to 16 % in the same period; the resale prices of these imports were lower than those required to cover the costs of Community producers.  The consequent impact on this Community industry has been characterized by a 33 % decrease in production between 1979 and 1982, a significant reduction in utilization of production capacity, a decrease in sales by 33 % between 1979 and 1982, loss of market share, and decreasing weighted average prices since 1981 resulting in losses for the product concerned.  (17) The information available for 1983 shows that the EEC producers were able to increase their production resulting in a higher utilization of production capacity. Their sales within the EEC increased but weighted average selling prices were still not increasing. They were also able to maintain their 1982 market share. Official statistics show a considerable decrease in imports of magnesite from China falling within NIMEXE code 25.19-59 for the first half of 1983.  Community producers thus benefited from the provisional duty in force during the first half of 1983.  (18) The Commission has considered whether injury has been caused by other factors such as the volume and prices of undumped imports or the stagnation of demand. However, the substantial increase in dumped imports and the prices at which they are offered for sale in the Community led the Commission to determine that the effects of the dumped imports of caustic-burned magnesite originating in China, taken in isolation, have to be considered as constituting material injury to the Community industry concerned.  G. Community interest  (19) In view of the particularly serious losses which the Community producers are incurring in the production and sale of the product concerned and in order to avoid the Community becoming totally dependent upon external supplies of the products concerned if the Community manufacturers had to cease production of these products, the Commission has come to the conclusion that it is in the Community's interest that action be taken. H. Termination of the procedure  (20) The exporters concerned were informed of the main findings of the investigation and commented fully on them. A memorandum was subsequently offered on behalf of all Chinese exporters of caustic-burned natural magnesite in which, among other things, they undertook not to export the product concerned to the Community below certain prices. These prices are set at such a level that injury suffered by the Community producers will be eliminated.  (21) In these circumstances, the memorandum is considered acceptable and the proceeding may, therefore, be terminated without the imposition of an anti-dumping duty.  (22) However, during consultations within the Advisory Committee concerning the acceptability of this memorandum, some delegations objected to this course of action.  The Commission has consequently submitted a proposal to the Council to terminate the proceeding on the basis of the acceptance of the memorandum.  (23) Since the Council did not decide otherwise within one month, the memorandum is considered accepted in accordance with Article 10 (1) of Council Regulation (EEC) No 3017/79 and the proceeding stands terminated in accordance with Article 9 (1) of the same Regulation,  HAS DECIDED AS FOLLOWS:  Article 1  The Commission hereby accepts the memorandum submitted on behalf of all exporters of caustic-burned natural magnesite in China in connection with exports originating in the People's Republic of China of caustic-burned natural magnesite falling within subheading 25.19 ex B of the Common Customs Tariff, corresponding to NIMEXE code ex 25.19-59.  Article 2  The anti-dumping proceeding concerning imports of caustic-burned natural magnesite originating in the People's Republic of China is hereby terminated.  Done at Brussels, 6 March 1984.  For the Commission  Étienne DAVIGNON  Vice-President  (1) OJ No L 339, 31. 12. 1979, p. 1.  (2) OJ No L 178, 22. 6. 1982, p. 9.  (3) OJ No C 162, 29. 6. 1982, p. 2 and OJ No C 192, 27. 7. 1982, p. 7.  (4) OJ No L 371, 30. 12. 1982, p. 21.  (5) OJ No L 110, 27. 4. 1983, p. 28.


Important legal notice

|

52007BP0121(01)

1. European Parliament decision of 24 April 2007 on the discharge for the implementation of the budget of Eurojust for the financial year 2005 (C6-0395/2006 - 2006/2162(DEC))

Official Journal 074 E , 20/03/2008 P. 0233 - 0233

		1.European Parliament decision of 24 April 2007 on the discharge for the implementation of the budget of Eurojust for the financial year 2005 (C6-0395/2006 — 2006/2162(DEC))The European Parliament,- having regard to the final annual accounts of Eurojust for the financial year 2005 [1],- having regard to the Court of Auditors' report on the final annual accounts of Eurojust for the financial year 2005, together with Eurojust's replies [2],- having regard to the Council's recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),- having regard to the EC Treaty, and in particular Article 276 thereof, and the EU Treaty, and in particular Article 41 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 Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime [4], and in particular Article 36 thereof,- having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 [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 (A6-0120/2007),1. Grants the administrative director of Eurojust discharge for the implementation of Eurojust's budget for the financial year 2005;2. Sets out its observations in the resolution below;3. Instructs its President to forward this decision and the resolution that forms an integral part of it to the administrative director of Eurojust, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).[1] OJ C 266, 31.10.2006, p. 34.[2] OJ C 312, 19.12.2006, p. 67.[3] OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).[4] OJ L 63, 6.3.2002, p. 1. Decision as amended by Decision 2003/659/JHA (OJ L 245, 29.9.2003, p. 44).[5] OJ L 357, 31.12.2002, p. 72.--------------------------------------------------


Avis juridique important

|

31987D0203

87/203/EEC: Commission Decision of 10 March 1987 fixing the overall quantities of food aid and establishing a list of products to be supplied as aid for 1987

Official Journal L 080 , 24/03/1987 P. 0032 - 0033

*****COMMISSION  DECISION  of 10 March 1987  fixing the overall quantities of food aid and establishing a list of products to be supplied as aid for 1987  (87/203/EEC)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 3972/86 of 22 December 1986 on food aid policy and food aid management (1), and in particular Article 5 thereof,  Whereas, in order to implement Regulation (EEC) No 3972/86, it is necessary to determine the total quantities of each product to be supplied under the food aid operations for 1987 and to establish the products involved;  Whereas the measures provided for in this Decision are in accordance with the opinion of the Food Aid Committee,  HAS DECIDED AS FOLLOWS:  Sole Article  1. The total quantities of each product to be supplied as food aid for 1987 to certain developing countries and certain organizations shall be as set out in Annex I hereto.  2. The products which may be considered for food aid operations shall be as set out in Annex II hereto.  Done at Brussels, 10 March 1987.  For the Commission  Lorenzo NATALI  Vice-President  (1) OJ No L 370, 30. 12. 1986, p. 1.  ANNEX I  Quantities of food aid to be made available for 1987  - For cereals:  (a) an initial instalment of 927 700 tonnes;  (b) a second instalment of up to 232 300 tonnes,  - For milk powder: a maximum of 94 100 tonnes,  - For butteroil: a maximum of 27 300 tonnes,  - For sugar: a maximum of 11 000 tonnes,  - For vegetable oil (seed oil and olive oil): a maximum of 34 000 tonnes,  - For other products: quantities corresponding to not more than 279 600 tonnes of cereal equivalent,  - Food aid in the form of the abovementioned products intended to cover exceptional food shortages, corresponding to not more than 160 600 tonnes of cereal equivalent.  ANNEX II  1.2 //  //  // CCT heading No  // Description  //  //  // 02.01 A II b)   // Meat of bovine animals, frozen  //    //   // ex 02.06 C I a)   // Meat of bovine animals, salted, in brine, dried or smoked   //    //   // 03.02  // Fish, dried, salted or in brine; smoked fish, whether or not cooked before or during the smoking process   //    //  // 04.02 A II and B I   // Milk and cream, in powder or granules   //    //   // ex 04.03   // Butteroil (as defined in Annex III to Regulation (EEC) No 1354/83 (1))   //    //  // 07.05   // Dried leguminous vegetables, shelled, whether or not skinned or split   //    //   // 08.04 B   // Dried grapes  //    //   // ex Chapter 10 (ex 10.01 to 10.07)   // Cereals  //    //   // 11.01   // Cereal flours   //    //   // ex 11.02   // Cereal groats and cereal meal; other worked cereal grains (for example, rolled, flaked, polished, pearled or kibbled but not further prepared), except rice falling within heading No 10.06   //    //   // 11.04 A   // Flour of the dried leguminous vegetables falling within heading No 07.05  //    //   // 15.07 A   // Olive oil   //    //   // 15.07 D II   // Fixed vegetable oils, fluid or solid, crude, refined or purified (other than olive oil, China-wood and oitica oils, myrtle wax and Japan wax, castor oil and other oils for technical or industrial uses other than the manufacture of foodstuffs for human consumption)   //    //   // ex 16.02 B III b)   // Prepared or preserved meat   //    //   // ex 16.04 D, E and F   // Sardines, tuna, mackerel and anchovies  // 16.04 G   // Other   //    //   // 17.01 A and B   // Beet sugar and cane sugar, in solid form   //    //   // 19.02  // Food preparations of flour, meal, etc.   //    //   // ex 19.03   // Macaroni, spaghetti and similar products   //    //  // 19.08 B   // Biscuits   //    //   // 20.02 C  // Vegetables prepared or preserved otherwise than by vinegar or acetic acid. Tomatoes   //    //   // 21.07 G   // Food preparations not specified   //    //  (1) OJ No L 142, 1. 6. 1983, p. 1.


Avis juridique important

|

31994D0773

94/773/EC: Council Decision of 28 November 1994 providing further macro-financial assistance for Albania

Official Journal L 308 , 02/12/1994 P. 0017 - 0018 Finnish special edition: Chapter 11 Volume 33 P. 0084  Swedish special edition: Chapter 11 Volume 33 P. 0084

COUNCIL DECISION of 28 November 1994 providing further macro-financial assistance for Albania (94/773/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1), submitted following consultation with the Monetary Committee,  Having regard to the opinion of the European Parliament (2),  Whereas Albania is undertaking fundamental political and economic reforms and has decided to adopt a market economy model;  Whereas the said reforms are under implementation with the financial support from the Community; whereas the reform process needs to be strengthened and broadened;  Whereas trade, commercial and economic links between Community and Albania are developing within the framework of the Cooperation Agreement, one of the essential elements of which is the respect for democratic principles and human rights as defined in  the Helsinki Final Act and the Charter of Paris for a New Europe;  Whereas financial assistance from the Community will be instrumental in supporting the adjustment and reform efforts of Albania, will strengthen mutual confidence and will bring Albania closer to the Community;  Whereas, by Decision 92/482/EEC (3), the Council granted Albania financial assistance of a maximum amount of ECU 70 million, with a view to ensuring a sustainable balance of payments situation in that country;  Whereas, however, despite the Government of Albania's courageous implementation of adjustment measures and structural reforms, the stabilization phase of the Albanian economy is still under way; whereas further official support is required in order to  support the balance of payments and consolidate the reserve position of that country;  Whereas Albania is a low-income country eligible for highly concessional loans from the World Bank and the International Monetary Fund (IMF);  Whereas the Albanian authorities have requested financial assistance from the IMF, the Group of 24 industrial countries (G-24) and the Community;  Whereas on 14 July 1993 the IMF Executive Board approved the first annual arrangements under a three-year enhanced structural adjustment facility (ESAF); whereas the G-24 agreed to consider complementary financial assistance particularly through grants  or loans on concessional terms;  Whereas, over and above the financing which could be provided by the IMF, the World Bank and official bilateral creditors, a financing gap of some US $ 72 million remains to be covered in order to strengthen Albania's reserve position and avoid an  additional degree of import compression which would jeopardize the achievement of the policy objectives underlying the Government's reform effort;  Whereas the Commission, as coordinator of assistance from the G-24, has invited them to provide highly concessional financial assistance to Albania in order to support that country's adjustment and reform efforts;  Whereas, taking into account the economic and financial situation of Albania, this financial assistance intended to support that country's balance of payments should take the form of grants;  Whereas the Community grant should be managed by the Commission;  Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of Article 235,  HAS DECIDED AS FOLLOWS:   Article 1  1. The Community shall grant to Albania macro-financial assistance of a maximum amount of ECU 35 million in the form of a grant, with a view to ensuring a sustainable balance of payments situation and strengthening the reserve position of  that country.  2. This grant will be managed by the Commission in close consultation with the Monetary Committee and in a manner consistent with any agreement reached between the IMF and Albania.   Article 2  1. The Commission is empowered to negotiate with the Albanian authorities, after consultation with the Monetary Committee, the economic policy conditions attached to the grant. These conditions shall be consistent with any agreement as  referred to in Article 1 (2) and with the agreements entered into by the G-24.  2. The Commission shall verify at regular intervals, in collaboration with the Monetary Committee and in close coordination with the G-24 and the IMF, that economic policy in Albania is in accordance with the objectives of this grant and that the  conditions of the latter are being fulfilled.   Article 3  1. The grant shall be made available to Albania in two instalments. Subject to Article 2 (1), a first instalment of ECU 15 million shall be released on the basis of a successful completion of the mid-term review of the First Annual  Arrangement under the ESAF between Albania and the IMF. The second instalment shall be paid no earlier than the fourth quarter of 1994, subject to Article 2 (2) and subject to satisfactory progress being recorded in Albania's application of the ESAF.  2. The funds shall be paid to the National Bank of Albania.   Article 4  At least once a year the Commission shall address to the European Parliament and to the Council a report, which will include an evaluation, on the implementation of this Decision.  Done at Brussels, 28 November 1994.  For the Council The President K. KINKEL  (1) OJ No C 112, 22. 4. 1994, p. 10.  (2) OJ No C 205, 25. 7. 1994, p. 533.  (3) OJ No L 287, 2. 10. 1992, p. 25.


title: Political and Security Committee Decision (CFSP) 2015/1823 of 6 October 2015 on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and repealing Decisions (CFSP) 2015/607 and (CFSP) 2015/1750 (ATALANTA/6/2015)

text:
               10.10.2015

               EN

               Official Journal of the European Union

               L 265/10

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2015/1823
   of 6 October 2015
   on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and repealing Decisions (CFSP) 2015/607 and (CFSP) 2015/1750 (ATALANTA/6/2015)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38 thereof,
   Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1), and in particular Article 6 thereof,
   Whereas:

               (1)

               Pursuant to Article 6(1) of Joint Action 2008/851/CFSP, the Council authorised the Political and Security Committee (PSC) to take the relevant decisions on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (‘EU Force Commander’).

               (2)

               On 15 April 2015, the PSC adopted Decision (CFSP) 2015/607 (2) appointing Captain (Navy) Alfonso GÓMEZ FERNÁNDEZ DE CÓRDOBA as EU Force Commander.

               (3)

               The EU Operation Commander has recommended the appointment of Rear Admiral Stefano BARBIERI as the new EU Force Commander to succeed Captain (Navy) Alfonso GÓMEZ FERNÁNDEZ DE CÓRDOBA.

               (4)

               The EU Military Committee supports that recommendation.

               (5)

               On 29 September 2015, the PSC adopted Decision (CFSP) 2015/1750 (3) appointing Rear Admiral Stefano BARBIERI as EU Force Commander as from 6 October 2015.

               (6)

               The date of the appointment should be modified.

               (7)

               Decisions (CFSP) 2015/607 and (CFSP) 2015/1750 should therefore be repealed.

               (8)

               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 the implementation of decisions and actions of the Union which have defence implications,

         HAS ADOPTED THIS DECISION:
   Article 1
   Rear Admiral Stefano BARBIERI is hereby appointed EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) as from 8 October 2015.
   Article 2
   Decisions (CFSP) 2015/607 and (CFSP) 2015/1750 are hereby repealed.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 6 October 2015.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 301, 12.11.2008, p. 33.

      (2)  Political and Security Committee Decision (CFSP) 2015/607 of 15 April 2015 on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and repealing Decision (CFSP) 2015/102 (Atalanta/3/2015) (OJ L 100, 17.4.2015, p. 79).

      (3)  Political and Security Committee Decision (CFSP) 2015/1750 of 29 September 2015 on the appointment of the EU Force Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta) and repealing Decision (CFSP) 2015/607 (ATALANTA/5/2015) (OJ L 256, 1.10.2015, p. 13).


Avis juridique important

|

31981D0604

81/604/EEC: Decision of the European Parliament of 18 June 1981 granting a discharge to the Commission of the European Community in respect of the utilization of the appropriations of the fourth European Development Fund in the 1979 financial year

Official Journal L 224 , 10/08/1981 P. 0004 - 0011

+++++DECISION OF THE EUROPEAN PARLIAMENT OF 18 JUNE 1981 GRANTING A DISCHARGE TO THE COMMISSION OF THE EUROPEAN COMMUNITY IN RESPECT OF THE UTILIZATION OF THE APPROPRIATIONS OF THE FOURTH EUROPEAN DEVELOPMENT FUND IN THE 1979 FINANCIAL YEAR ( 81/604/EEC )  THE EUROPEAN PARLIAMENT ,  - HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 206B THEREOF ,  - HAVING REGARD TO THE ACP-EEC CONVENTION OF LOME ,  - HAVING REGARD TO THE INTERNAL AGREEMENT ON THE FINANCING AND ADMINISTRATION OF COMMUNITY AID ,  - HAVING REGARD TO THE REVENUE AND EXPENDITURE ACCOUNT , THE BALANCE SHEET AND THE REPORT ON THE ACTIVITIES OF THE FOURTH EUROPEAN DEVELOPMENT FUND ,  - HAVING REGARD TO THE REPORT OF THE COURT OF AUDITORS ON THE ACCOUNTS FOR THE 1979 FINANCIAL YEAR AND THE ANSWERS OF THE INSTITUTIONS TO THE REPORT ( DOC 1-662/80 ) ,  - HAVING REGARD TO THE REPORT OF THE COMMITTEE ON BUDGETARY CONTROL AND THE OPINION OF THE COMMITTEE ON DEVELOPMENT AND COOPERATION ( DOC 1-136/81 ) ,  - HAVING REGARD TO THE COUNCIL RECOMMENDATION ( DOC . 1-160/81 ) ,  1 . GRANTS A DISCHARGE TO THE COMMISSION IN RESPECT OF THE FOLLOWING AMOUNTS SHOWN IN THE REVENUE AND EXPENDITURE ACCOUNTS FOR THE 1979 FINANCIAL YEAR :  - REVENUE : AMOUNTING TO 465 007 520.85 EUROPEAN UNITS OF ACCOUNT ,  - EXPENDITURE ( PAYMENTS ) : AMOUNTING TO 420 277 760.36 EUROPEAN UNITS OF ACCOUNT .  2 . INSTRUCTS ITS PRESIDENT TO COMMUNICATE THIS DECISION TO THE COMMISSION , TO FORWARD IT TO THE OTHER INSTITUTIONS AND TO ARRANGE FOR ITS PUBLICATION IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  DONE AT STRASBOURG , 18 JUNE 1981 .  THE SECRETARY-GENERAL  H.-J . OPITZ  THE PRESIDENT  SIMONE VEIL


title: 2014/559/EU: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the budget for the eighth, ninth and tenth European Development Funds for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/145

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the budget for the eighth, ninth and tenth European Development Funds for the financial year 2012
   (2014/559/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the Commission’s report on the follow-up to the discharge for the 2011 financial year (COM(2013) 668) and to the Commission staff working documents accompanying that report (SWD(2013) 348 and SWD(2013) 349),

               —

               having regard to the financial statements and revenue and expenditure accounts for the eighth, ninth and 10th European Development Funds for the financial year 2012 (COM(2013) 541 – C7-0283/2013),

               —

               having regard to the Commission’s Annual Report of 29 April 2013 on the financial management of the eighth, ninth and 10th European Development Funds in 2012,

               —

               having regard to the financial information on the European Development Funds (COM(2013) 346),

               —

               having regard to the annual report of the Court of Auditors on the activities funded by the eighth, ninth and 10th European Development Funds concerning the financial year 2012, together with the Commission’s replies (1) and to the Court of Auditors’ special reports,

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the Financial year 2012 pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendations of 18 February 2014 concerning the discharge to be given to the Commission in respect of the implementation of the operations of the European Development Funds for the financial year 2012 (05748/2014 – C7-0050/2014, 05750/2014 – C7-0051/2014, 05753/2014 – C7-0052/2014),

               —

               having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States, of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (3), as revised in Ouagadougou, Burkina Faso, on 22 June 2010 (4),

               —

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

               —

               having regard to Article 33 of the Internal Agreement of 20 December 1995, between the representatives of the governments of the Member States, meeting within the Council, on the financing and administration of the Community aid under the Second Financial Protocol to the fourth ACP-EC Convention (6),

               —

               having regard to Article 32 of the Internal Agreement of 18 September 2000, between Representatives of the Governments of the Member States, meeting within the Council, on the financing and administration of Community aid under the Financial Protocol to the Partnership Agreement between the African, Caribbean and Pacific States and the European Community and its Member States signed in Cotonou (Benin) on 23 June 2000, and the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (7),

               —

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

               —

               having regard to Article 74 of the Financial Regulation of 16 June 1998 applicable to development finance cooperation under the fourth ACP-EC Convention (8),

               —

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

               —

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

               —

               having regard to the Commission’s proposal for a Council regulation on the Financial regulation applicable to the 11th European Development Fund (COM(2013) 660),

               —

               having regard to the Commission’s Communications of 13 October 2011 entitled ‘Increasing the impact of EU development cooperation – an Agenda for Change’ and ‘The Future Approach to EU Budget Support to Third Countries’,

               —

               having regard to Rules 76 and 77, third indent of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development (A7-0176/2014),

               1.

               Grants the Commission discharge in respect of the implementation of the budget of the eighth, ninth and 10th European Development Funds for the financial year 2012;

               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 Council, the Commission, the Court of Justice of the European Union, the Court of Auditors and the European Investment Bank, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 331, 14.11.2013, p. 261.

      (2)  OJ C 334, 15.11.2013, p. 122.

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

      (4)  OJ L 287, 4.11.2010, p. 3.

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

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

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

      (8)  OJ L 191, 7.7.1998, p. 53.

      (9)  OJ L 83, 1.4.2003, p. 1.

      (10)  OJ L 78, 19.3.2008, p. 1.


title: 74/328/EEC: Council Decision of 27 June 1974 on action by the European Social Fund for handicapped persons

text:
No L 185/ 22                              Official Journal of the European Communities                                   9 . 7 . 74
                                                      COUNCIL DECISION
                                                          of 27 June 1974
                           on action by the European Social Fund for handicapped persons
                                                            (74/328 / EEC)
THE COUNCIL OF THE EUROPEAN                                            Whereas assistance from the Fund should not discrimi
COMMUNITIES,                                                           nate as to the origin or the nature of the handicap ;
Having regard to the Treaty establishing the European                  Whereas self-employed activities, in certain cases, are
Economic Community ;                                                   more suited to the capabilities of handicapped
Having regard to the Council Decision of 1 February                    persons ;
1971 (') on the reform of the European Social Fund,
and in particular Article 4 thereof ;                                  Whereas the reform of the European Social Fund
                                                                       decided on by the Council enables a contribution to
Having regard to the proposal from the Commission ;                    be made to the costs resulting from plans under deve
                                                                       lopment or to be developed in the Member States
Having regard to the Opinion of the European Parlia                   with the aim of stimulating the employment and
ment (2) ;                                                             geographical and professional mobility of handi
                                                                       capped persons,
Having regard to the Opinion of the Economic and
Social Committee ;
Whereas the means of action and operation of the
Fund are defined by Council Regulation (EEC) No                        HAS DECIDED AS FOLLOWS :
2396/71 (3 ) of 8 November 1971 , implementing the
Council Decision of 1 February 1971 , on the reform                                              Article 1
of the European Social Fund ;
                                                                       1 . Specific operations to facilitate the employment
Whereas, in its resolution of 21 January 1974 (4)                      and geographical and professional mobility of handi
concerning a social action programme, the Council                      capped persons shall be eligible to receive assistance
considered that to achieve the proposed actions                        from the Fund under Article 4 of the Council Deci
successfully in the social field, the necessary resources              sion of 1 February 1971 , provided that they form part
should be provided , in particular by strengthening the                of an operation involving :
role of the European Social Fund ;
                                                                       — the integration , within an overall continuous
Whereas the above resolution provides for the imple                       process, of all stages of medical rehabilitation , voca
mentation of a programme for the vocational and                            tional training or rehabilitation and procedures
social integration of handicapped persons ;                                prior to employment ;
Whereas, on 27 June 1974, the Council adopted a                        — the development of facilities and application of
resolution (5 ) establishing the initial Community                         methods for medical rehabilitation and vocational
action programme for the vocational rehabilitation of                      training or rehabilitation suited to the require
handicapped persons ;                                                      ments of handicapped persons by placing them in
Whereas the employment situation regarding handi                          the best conditions to bring about vocational and
capped persons calls for specific joint action to                          social integration or reintegration which is
improve the balance between supply of, and demand                          adequate in relation to the position of able-bodied
                                                                           workers .
for, manpower within the Community ;
Whereas assistance from the Fund should facilitate                     2.    The following measures may be given considera
short-term demonstration projects aimed at improving                   tion in this context :
the quality of vocational rehabilitation facilities and
the organization of training and advanced training                     — short-term demonstration projects aimed at
courses for the personnel required to ensure the voca                     improving the quality of vocational rehabilitation
tional and social integration of handicapped persons ;                     facilities to the extent that they conform with
                                                                           Chapter II, point 2 of the initial Community
(')  OJ No  L  28 , 4. 2 . 1971 , p. 15 .                                  action programme for the vocational rehabilitation
(2)  OJ No  C  23 , 8 . 3 . 1974, p. 15.                                   of handicapped persons ;
(3)  OJ No  L  249 , 10 . 11 . 1971 , p . 54.
(4)  OJ No  C  13 , 12 . 2 . 1974, p. 1 .                              — the organization of training and advanced training
(5 ) OJ No  C  80, 9 . 7 . 1974, p. 30 .                                   courses for :
 ---pagebreak--- 9 . 7 . 74                            Official Journal of the European Communities                           No L 185/ 23
     — persons employed in the medical rehabilita               November '  1 971 on aid which may qualify for assis
         tion , vocational guidance, training, vocational        tance from  the European Social Fund, as amended by
         training or rehabilitation and re-employment            Regulation   (EEC) No 1761 /74 (2), may receive assis
         of handicapped persons,                                 tance from   the European Social Fund .
     — those responsible for the training of instruc
         tors .
                                                                                A rt icle 4
                          Article 2                             This Decision shall enter into force on the fifth day
                                                                 following that of its publication in the Official
 1 . Irrespective of the origin or nature of their              Journal of the European Communities.
handicap, the Fund may intervene in favour of
persons considered capable, after medical rehabilita            It shall apply to operations of which the draft has
tion and vocational training or rehabilitation , of              received the approval of the Commission , before the
working in paid employment.                                     expiry of a period of three years after the entry into
                                                                 force of this Decision .
2. Operations concerning handicapped persons
who are to pursue self-employed activities shall also
be eligible to receive assistance from the Fund under
the conditions laid down in Article 1 and in para               Done at Luxembourg, 27 June 1 974.
graph 1 of this Article .
                                                                                For the Council
                          Article 3
                                                                                The President
Those aids which feature on the list established by
Council Regulation ( EEC) No 2397/71 (') of 8                                                    K. GSCHEIDLE
(') OJ No L 249, 10 . 11 . 1971 , p. 58 .                       (-) See page 1 of this Official Journal .