Avis juridique important

|

31978D0870

78/870/EEC: Council Decision of 16 October 1978 empowering the Commission to contract loans for the purpose of promoting investment within the Community

Official Journal L 298 , 25/10/1978 P. 0009 - 0010 Finnish special edition: Chapter 10 Volume 1 P. 0016  Greek special edition: Chapter 10 Volume 1 P. 0164  Swedish special edition: Chapter 10 Volume 1 P. 0016

COUNCIL DECISION  of 16 October 1978  empowering the Commission to contract loans for the purpose of promoting investment within the Community  (78/870/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas economic activity, employment and investment in the Community are unevenly distributed and are all too low;  Whereas, in order to stimulate an economic upturn and support common policies, a new financial mechanism designed to make an additional contribution to investment promotion in the Community should be added to existing Community mechanisms alongside existing Community financial institutions and bodies whose scope should be widened;  Whereas Community action to this end would have a real follow-through effect and financial impact far beyond its apparent size;  Whereas such Community action should aim to realize investment projects which contribute to greater convergence and integration of the economic policies of the Member States and are in line with priority Community objectives;  Whereas plentiful finance can be found on the capital markets which could be tapped to finance investment within the Community;  Whereas the Community has a creditworthiness in its own right which must be used to best advantage to reinforce European support for the said investments and to support policies decided on at Community level;  Whereas borrowings equivalent to 1 000 million EUA in principal seem appropriate in the present circumstances for helping to achieve the desired result;  Whereas this new financial mechanism should be introduced on an experimental basis;  Whereas the European Investment Bank has stated that it is willing to contribute to the implementation of this Decision,  HAS DECIDED AS FOLLOWS:    Article 1 The Commission shall be empowered to contract loans on behalf of the European Economic Community which shall not exceed the equivalent of 1 000 million EUA in principal.  The proceeds of these loans shall be lent to finance investment projects which contribute to greater convergence and integration of the economic policies of the Member States. These projects must help attain the priority Community objectives in the energy, industry  (1)OJ No C 108, 8.5.1978, p. 32. (2)Opinion delivered on 26 and 27 April 1978 (not yet published in the Official Journal).   and infrastructure sectors, taking account inter alia of the regional impact of the projects and the need to combat unemployment.  This mechanism may be used on its own or in conjunction with other Community financing instruments.   Article 2 Loans shall be activated tranche by tranche.  The Council, acting unanimously on a proposal from the Commission, and after consulting the European Parliament, shall authorize each tranche and lay down the guidelines for the eligibility of projects.  The Commission shall decide whether or not projects are eligible in accordance with the guidelines laid down by the Council.  The Commission will borrow on the capital markets within the limits of the tranches authorized. A single borrowing may be used to finance loans for different objectives.   Article 3 Borrowing and lending transactions shall be expressed in the same currency. Lending terms for reimbursement of the principal and the rate and payment of interest shall be fixed in such a way as to cover the costs and expenses of both the borrowing and lending side of each transaction.   Article 4 The terms of loans to be contracted shall be negotiated by the Commission in the best interests of the Community having regard to the conditions on capital markets and in accordance with the constraints imposed by the duration and other financial aspects of the loans to be granted. Funds borrowed shall be deposited with the European Investment Bank to be invested on a temporary basis if necessary.   Article 5 A mandate shall be given to the Bank to grant loans in pursuance of this Decision. The Bank shall carry out transactions under this mandate on behalf of, for and at the risk of the Community. Loan requests shall be forwarded to the Bank either directly or through the Commission or a Member State. After a Commission decision on the eligibility of each project pursuant to Article 2 the Bank shall, in accordance with the procedures laid down in its Statute and its usual criteria, examine these requests, decide whether and on what terms to grant the loans, and administer them.  The mandate given to the Bank shall be embodied in a cooperation agreement between the Commission and the Bank.   Article 6 The Commission shall annually inform the Council and the European Parliament of receipts and expenses resulting from borrowing and lending transactions. Each year it shall submit a review of its borrowing and lending policy together with the budget estimates.  In the light of this information, the Council may carry out an assessment of the general operation of the mechanism set up by this Decision.  As soon as the amount of loans taken up reaches the equivalent of 800 million EUA, or two years after the adoption of this Decision, whichever is the earlier, the Commission will submit a report to the Council and the European Parliament on the experience gained during the operation of this Decision.  The financial control and audit of the Commission's accounts shall be carried out in accordance with the Financial Regulation applicable to the general budget of the European Communities.   Article 7 For the purposes of this Decision the European unit of account (EUA) shall be that defined by the Financial Regulation applicable to the general budget of the European Communities.     Done at Luxembourg, 16 October 1978.  For the Council  The President  H. MATTHÖFER


title: 2012/759/EU: Council Decision of 29 November 2012 establishing the position to be taken on behalf of the European Union within the General Council of the World Trade Organization on the accession of the Republic of Tajikistan to the WTO

text:
               8.12.2012

               EN

               Official Journal of the European Union

               L 336/81

         COUNCIL DECISION
   of 29 November 2012
   establishing the position to be taken on behalf of the European Union within the General Council of the World Trade Organization on the accession of the Republic of Tajikistan to the WTO
   (2012/759/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 91, 100(2) and 207(4), in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 29 May 2001 the Government of the Republic of Tajikistan applied for accession to the Marrakesh Agreement establishing the World Trade Organization (WTO), pursuant to Article XII of that Agreement.

               (2)

               A Working Party on the accession of the Republic of Tajikistan was established on 18 July 2001 in order to reach agreement on terms of accession acceptable to the Republic of Tajikistan and all WTO Members.

               (3)

               The Commission, on behalf of the Union, has negotiated a comprehensive series of market opening commitments on the part of the Republic of Tajikistan which satisfy the Union’s requests.

               (4)

               These commitments are now embodied in the Protocol of Accession of the Republic of Tajikistan to the WTO.

               (5)

               Accession to the WTO is expected to make a positive and lasting contribution to the process of economic reform and sustainable development in the Republic of Tajikistan.

               (6)

               The Protocol of Accession should therefore be approved.

               (7)

               Article XII of the Agreement establishing the WTO provides that the terms of accession are to be agreed between the acceding Member and the WTO, and that the Ministerial Conference of the WTO approves the terms of accession on the WTO side. Article IV.2 of the Agreement establishing the WTO provides that in the intervals between meetings of the Ministerial Conference, its functions shall be conducted by the General Council.

               (8)

               Accordingly, it is necessary to establish the position to be taken on behalf of the Union within the General Council of the WTO on the accession of Tajikistan to the WTO,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken on behalf of the European Union within the General Council of the World Trade Organization on the accession of the Republic of Tajikistan to the WTO is to approve the accession.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 29 November 2012.

            For the Council

            The President

         N. SYLIKIOTIS


title: Council Decision (EU) 2016/1352 of 4 August 2016 concerning the rules applicable to national experts seconded to the European Defence Agency, and repealing Decision 2004/677/EC

text:
               12.8.2016

               EN

               Official Journal of the European Union

               L 219/82

         COUNCIL DECISION (EU) 2016/1352
   of 4 August 2016
   concerning the rules applicable to national experts seconded to the European Defence Agency, and repealing Decision 2004/677/EC
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 42 and 45 thereof,
   Having regard to Council Decision (CFSP) 2015/1835 of 12 October 2015 defining the statute, seat and operational rules of the European Defence Agency (1), and in particular Article 11 thereof,
   Whereas:

               (1)

               The secondment of experts should enable the European Defence Agency (hereinafter referred to as ‘the Agency’) to benefit from the high level of knowledge and professional experience of those experts, in particular in areas where such expertise is not readily available within the Agency.

               (2)

               The exchange of professional experience and knowledge in the field of defence, as set out in Decision (CFSP) 2015/1835, and related support functions should be supported through the temporary assignment of seconded national experts (hereinafter referred to as ‘SNEs’) from Member States' public sectors.

               (3)

               The rights and obligations of SNEs should ensure that they carry out their duties solely in the interests of the Agency.

               (4)

               The term ‘secondment’ should be construed in the context of this Decision.

               (5)

               Since the rules established by this Decision should replace those laid down in Council Decision 2004/677/EC (2), that Decision should be repealed,

         HAS ADOPTED THIS DECISION:

      CHAPTER I

         General provisions

   Article 1
   Scope
   The rules established by this Decision apply to SNEs who fulfil the conditions set out in Article 2 seconded to the Agency and who are experts seconded by participating Member States' public administrations, at national or regional level, in particular Ministries of Defence and/or their agencies, bodies, national defence colleges, research institutes, including those in accordance with Article 11(4)(b) of Decision (CFSP) 2015/1835.
   In accordance with Article 11(4)(a) of Decision (CFSP) 2015/1835, experts:

               —

               from a third country with which the Agency has concluded an administrative arrangement, or

               —

               from organisations/entities with an Administrative Arrangement with the Agency, provided that the SNE is a national from a Member State or a third country with whom the agency has concluded an administrative arrangement,

         shall be seconded or posted, pursuant to Article 26(1) of that Decision, to the Agency with the agreement of the Steering Board, in accordance with the conditions to be laid down in those arrangements.
   Article 2
   Conditions for secondment
   To qualify for secondment to the Agency, experts shall:

               1.

               have worked for their employer on a permanent or contract basis for at least 12 months before their secondment;

               2.

               remain in the service of their employer throughout the period of secondment and continue to be paid by that employer;

               3.

               have at least three years' full-time experience in defence, administrative, scientific, technical, operational, advisory or supervisory functions relevant to the performance of the duties assigned to them. Before the secondment, the employer shall supply the Agency with a statement of the expert's employment covering the previous 12 months;

               4.

               be nationals of a participating Member State or falling within the provisions of the second paragraph of Article 1;

               5.

               have a thorough knowledge of one official language of one of the participating Member States and a satisfactory knowledge of another of these languages for the performance of their duties.

         Article 3
   Selection procedure
   1.   SNEs shall be selected according to an open and transparent procedure decided in accordance with Article 42.
   2.   Without prejudice to Article 2(4), SNEs shall be seconded to secure for the Agency the services of persons of the highest standards of ability, efficiency, integrity and merit. They shall be seconded on as wide a geographical basis as possible from among nationals of the participating Member States. The participating Member States and the Agency shall cooperate to ensure, as far as possible, a balance between men and women and observe the principle of equal opportunities.
   3.   A call for the expression of interest shall be sent to the Permanent Representations of the participating Member States, Missions of the third countries, the organisation or entity, as appropriate, and published on the Agency website. The call shall indicate the descriptions of the posts, the selection criteria and the deadline for the submission of applications. Candidates for an SNE post must be sponsored by their national authorities, organisation or entity. Confirmation is required in the form of a letter of sponsorship addressed to the Agency, as far as possible by the closing date for the receipt of applications and in any case not later than the recruitment date.
   4.   In the case of cost-free SNEs and national experts in professional training (hereinafter referred to as ‘NEPTs’), the Agency may decide that an SNE shall be selected without following the selection procedures set out in paragraphs 1 and 2.
   5.   The secondment of experts shall be subject to the specific requirements and budgetary capacity of the Agency.
   6.   The Agency shall create an individual file for the SNE. That file shall contain relevant administrative information.
   Article 4
   Administrative procedure for secondment
   Secondments shall be implemented by an Exchange of Letters between the Chief Executive of the Agency and the Permanent Representation or Mission of the Member State concerned, the organisation or entity, as appropriate. The place of secondment and the function group to which the SNE is to belong, in an administrators' function group (hereinafter ‘AD’) or an assistants' function group (hereinafter ‘AST’), shall be indicated in the Exchange of Letters. The Exchange of Letters shall also mention the Directorate/Unit to which the SNE is seconded and a detailed description of the tasks the SNE is to carry out. A copy of the rules applicable to SNEs on secondment to the Agency shall be attached to the Exchange of Letters.
   Article 5
   Period of secondment
   1.   The period of secondment shall be a minimum of two months and a maximum of three years. It may be renewed successively up to a total period not exceeding four years.
   However, in exceptional cases, at the request of the relevant Director and after prior agreement of the employer, the Chief Executive of the Agency may authorise one or more extensions of the secondment beyond the four-year maximum referred to in the first subparagraph, up to an additional two years.
   2.   The period of secondment shall be fixed at the outset in the Exchange of Letters provided for in Article 4. The same procedure shall apply in the case of any renewal, extension of the period of secondment or change of post.
   3.   An SNE who has previously been seconded to the Agency may be seconded again, after consultation with the national administration of origin, provided that the SNE continues to meet the conditions for secondment referred to in Article 2 and within the overall ceiling defined in Article 11(5) of Decision (CFSP) 2015/1835.
   Article 6
   Obligations of the employer
   Throughout the period of secondment, the SNE's employer shall continue to:

               (a)

               pay the SNE's salary;

               (b)

               be responsible for all the SNE's social rights, in particular those concerning social security, insurance and pension; and

               (c)

               subject to point (d) of Article 10(2), maintain the SNE's administrative status as either a permanent official or a contract staff member and inform the Chief Executive of the Agency of any change in the SNE's administrative status either as a permanent official or as a contract staff member.

         Article 7
   Duties
   1.   SNEs shall assist staff members of the Agency and carry out the tasks and duties assigned to them by the Chief Executive of the Agency.
   2.   Taking into consideration the composition of the staff of the Agency and, in particular, their role in contributing to the results of the Agency, the Chief Executive may entrust an SNE with management duties if so required in the interests of the service.
   In any case, an SNE shall not be able to legally commit the Agency.
   3.   An SNE may take part in missions and meetings. Nevertheless, the Chief Executive may decide to limit the SNE's participation to missions and meetings only to:

               (a)

               accompany an Agency staff member; or

               (b)

               if alone, to attend as an observer or solely for information purposes.

         4.   The Agency shall retain sole responsibility for approving the results of tasks performed by the SNE.
   5.   The Agency, the SNE's employer and the SNE shall make every effort to avoid any actual or potential conflict of interest in relation to the SNE's duties during secondment. To that end, the Agency shall, in good time, inform the SNE and the employer of the intended duties and shall ask each of them to confirm in writing that they know of no reason why the SNE should not be assigned to those duties.
   The SNE shall be asked in particular to declare any potential conflict between the SNE's family circumstances (in particular the professional activities of close or extended family members, or any important financial interests of their own or of family members) and the proposed duties while on secondment.
   The employer and the SNE shall undertake to notify the Agency of any change of circumstances during the secondment which could give rise to any conflict of interest.
   6.   Where the Agency considers that the nature of the tasks entrusted to the SNE requires particular security precautions, security clearance shall be obtained before the SNE is seconded.
   Article 8
   Rights and obligations of SNEs
   1.   During the period of secondment an SNE shall act with integrity. In particular:

               (a)

               the SNE shall perform the duties assigned and otherwise behave solely with the interests of the Agency in mind.
               In particular, the SNE shall, in the exercise of their duties, not accept any instructions from, nor undertake any activities for, their employer, any government, any other person, private company or public body;

               (b)

               the SNE shall abstain from any action, and in particular any public expression of opinion, which may reflect on their position at the Agency;

               (c)

               the SNE shall inform their superior where the SNE, in the performance of their duties, is called upon to give a decision on the handling or outcome of a matter in which the SNE has a personal interest that could impair their independence;

               (d)

               the SNE shall not, whether alone or together with others, publish or cause to be published any text dealing with the work of the Union without obtaining permission in accordance with the conditions and rules in force at the Agency. Permission shall be refused only where the intended publication is liable to prejudice the interests of the Agency or of the Union;

               (e)

               all rights in any work done by an SNE in the performance of their duties shall be the property of the Agency;

               (f)

               the SNE shall reside at the place of secondment or at no greater distance from that place than is compatible with the proper performance of the duties assigned;

               (g)

               the SNE shall assist and tender advice to the superior to whom they are assigned and shall be responsible to their superior for the performance of the duties entrusted to them.

         2.   Both during and after the period of secondment, the SNE shall exercise the greatest discretion with regard to all facts and information of which the SNE becomes aware in the course of, or in connection with, the performance of their duties. The SNE shall not in any form whatsoever disclose to any unauthorised person any document or information not already lawfully made public, nor shall the SNE use it for personal gain.
   3.   At the end of the secondment, the SNE shall continue to be bound by the obligations to act with integrity and discretion in the exercise of new duties and in accepting certain posts or advantages.
   To that end, in the three years following the period of secondment the SNE shall immediately inform the Agency of any duties or tasks which are likely to give rise to a conflict of interest in relation to the tasks carried out by the SNE during the period of secondment.
   4.   The SNE shall be subject to the security rules in force at the Agency, including data protection rules and the Agency network protection rules. The SNE shall also be subject to the rules governing the protection of the Agency's financial interests.
   5.   Failure to comply with the provisions of paragraphs 1, 2 and 4 of this Article during the period of secondment shall entitle the Agency to terminate the secondment of an SNE in accordance with point (c) of Article 10(2).
   6.   The SNE shall immediately notify the SNE's superior in writing if in the course of the secondment the SNE becomes aware of facts which give rise to a presumption of the existence of:

               (a)

               possible illegal activity, including fraud or corruption, detrimental to the interests of the Agency; or

               (b)

               conduct relating to the discharge of professional duties which may constitute a serious failure to comply with the obligations of staff members of the Agency or of SNEs.

         This paragraph shall also apply in the event of serious failure to comply with a similar obligation on the part of a staff member or any other person in the service of, or carrying out work for, an institution of the Union.
   7.   Where the superior receives notification as referred to in paragraph 6 of this Article, the superior shall take the measures provided for in Article 27 of Council Decision (EU) 2016/1351 (3) (hereinafter referred to as ‘the Staff Regulations of the Agency’). Articles 27, 28 and 29 of the Staff Regulations of the Agency shall apply to the superior under the terms of Article 4 of this Decision. Those provisions shall also apply mutatis mutandis to the SNE concerned, to ensure that the SNE's rights are respected.
   Article 9
   Suspension of secondment
   1.   At the written request of the SNE or the employer, and with the latter's agreement, the Agency may authorise suspensions of secondment and specify the terms applicable. During a suspension:

               (a)

               the allowances referred to in Article 19 shall not be payable;

               (b)

               the expenses referred to in Article 20 shall be payable only if the suspension is at the Agency's request.

         2.   The Agency shall inform the employer and the Permanent Representation or Mission of the State concerned.
   Article 10
   Termination of periods of secondment
   1.   Subject to paragraph 2, secondment may be terminated at the request of the Agency or of the SNE's employer, provided three months' notice is given. It may also be terminated at the SNE's request provided the same period of notice is given and subject to the employer's and the Agency's agreement.
   2.   In certain exceptional circumstances the secondment may be terminated without notice:

               (a)

               by the SNE's employer, if the employer's essential interests so require;

               (b)

               by mutual agreement between the Agency and the employer, at the request of the SNE to both parties, if the SNE's essential personal or professional interests so require;

               (c)

               by the Agency in the event of major non-compliance with the obligations set out in this Decision by the SNE. The Agency shall confer with the Permanent Representation or Mission of the State concerned and take into account any comments received in view of its decision;

               (d)

               by the Agency in the event of the termination of, or change in, the SNE's administrative status as either a permanent official or a contract staff member of the employer. The SNE shall first be given an opportunity to submit observations.

         3.   In the event of termination under point (c) of paragraph 2, the Agency shall immediately consult the employer and the Permanent Representation or Mission of the State concerned.

      CHAPTER II

         Working conditions

   Article 11
   Social security
   1.   Before the period of secondment begins, the employer shall certify to the Agency that, throughout the period of secondment, the SNE will remain subject to the social security legislation applicable to the national public administration or the organisation or entity, which employs the SNE. To that end, the relevant public administration shall supply the Agency with the attestation referred to in Article 19(2) of Regulation (EC) No 987/2009 of the European Parliament and of the Council (4) (hereinafter referred to as the ‘Portable document A1’). The organisation or entity shall supply the SNE with a certificate equivalent to the Portable document A1 and it shall prove that the social security legislation applicable provides for the defrayal of healthcare cost incurred abroad.
   2.   From the commencement of their secondment, the SNE shall be covered by the Agency against the risk of accident. The Agency shall provide the SNE with a copy of the terms of this cover on the day on which the SNE reports to the Chief Executive of the Agency to complete the administrative formalities related to the secondment.
   3.   When, in the context of a mission in which the SNE is participating under the terms of Articles 7(2) and 29 additional or specific insurance is required, the relevant costs shall be borne by the Agency, or by the national administration of origin in case of cost-free SNEs and NEPTs, after having consulted the concerned Member State with regard to the mission.
   Article 12
   Working hours
   1.   The SNE shall be subject to the rules in force at the Agency as regards working hours, depending on the requirements of the post to which the SNE is assigned within the Agency.
   2.   The SNE shall serve on a full-time basis throughout the period of secondment. Following a duly justified request from a Director and subject to compatibility with the interests of the Agency, the Agency may authorise an SNE to work part-time, after obtaining the agreement of the employer.
   3.   Where part-time work is authorised, the SNE shall work at least half of the normal working time.
   Article 13
   Absence for reasons of sickness or accident
   1.   In the event of absence due to sickness or accident, an SNE shall notify the superior as soon as possible, stating the SNE's present address. The SNE shall produce a medical certificate if absent for more than three consecutive days and may be required to undergo a medical examination arranged by the Agency.
   2.   Where absence due to sickness or accident of not more than three days exceeds a total of 12 days over a period of 12 months, an SNE shall be required to produce a medical certificate for any further absence due to sickness or accident.
   3.   Where an absence due to sickness or accident exceeds one month or the period of service performed by the SNE, whichever is the longer, the allowances referred to in Article 19(1) and (2) shall be automatically suspended. This paragraph shall not apply in the event of illness linked to pregnancy. Absence due to sickness or accident may not extend beyond the duration of the secondment of the person concerned.
   4.   However, if the SNE is the victim of a work-related injury which occurs during the period of secondment the SNE shall continue to receive, in full, the allowances provided for in Article 19(1) and (2) throughout the period during which that SNE is unfit for work up to the end of the period of secondment.
   Article 14
   Annual leave, special leave and holidays
   1.   Without prejudice to specific provisions set out in this Decision, the SNE shall be subject to the rules in force at the Agency as regards annual leave, special leave and holidays.
   2.   Leave is subject to prior authorisation by the unit to which the SNE is assigned.
   3.   Upon a duly substantiated application by the employer, up to two days of additional special leave in a 12-month period may be granted by the Agency. Requests are examined on a case-by-case basis.
   4.   Days of annual leave not taken by the end of the period of secondment shall be forfeited.
   5.   An SNE whose period of secondment is less than six months may be granted special leave, on the basis of a reasoned application and subject to a decision by the Chief Executive of the Agency. That special leave may not exceed three days for the whole period of secondment. Before granting such leave, the Director concerned shall hold a prior consultation with the Human Resources Unit (hereinafter referred to as the ‘HR Unit’) of the Agency.
   Article 15
   Special leave for training
   Notwithstanding Article 14(3), SNEs whose period of secondment is six months or more may be granted additional special leave by the Agency for the purpose of training by the employer, subject to a duly reasoned application by the employer with a view to the SNE's reintegration.
   Article 16
   Maternity and paternity leave
   1.   An SNE shall be subject to the rules in force at the Agency as regards maternity and paternity leave.
   2.   Where the national legislation of the employer grants longer maternity leave, at the SNE's request and after prior agreement of the employer, the secondment shall be suspended for the period exceeding that granted by the Agency. In that case, a period equivalent to the suspension shall be added at the end of the secondment, if the interests of the Agency so warrant.
   3.   Notwithstanding paragraph 1, the SNE may apply for a suspension of the secondment to cover the whole of the period allowed for maternity, after prior agreement of the employer. In that case, a period equivalent to the suspension shall be added at the end of the secondment, if the interests of the Agency so warrant.
   4.   Paragraphs 2 and 3 shall also apply in cases of adoption.
   5.   An SNE who is breastfeeding may on request, on the basis of a medical certificate attesting the fact, be granted special leave for a maximum of four weeks running from the end of her maternity leave, during which period she shall receive the allowances laid down in Article 19.
   Article 17
   Management and control
   The management and control of working time and absences shall be the task of the HR Unit and the Directorate or unit to which the SNE is assigned, in accordance with the rules and procedures in force in the Agency.

      CHAPTER III

         Allowances and expenses

   Article 18
   Calculation of allowances and travel expenses
   1.   For the purposes of this Decision, the places of recruitment, secondment and return of an SNE shall be determined by the Agency in terms of the geographical position of those places based on their latitude and longitude, as calculated by the HR Unit.
   2.   For the purposes of this Decision:

               (a)

               the place of recruitment shall be the place where the SNE performed their duties for their employer prior to secondment;

               (b)

               the place of secondment shall be Brussels;

               (c)

               the place of return shall be the place where the SNE will perform their main activity after the secondment is terminated.

         The place of recruitment shall be determined in the Exchange of Letters referred to in Article 4.
   3.   For the purposes of this Article, circumstances arising from work done by SNEs for a state other than that of the place of secondment shall not be taken into account.
   Article 19
   Allowances
   1.   The SNE shall be entitled to a daily subsistence allowance throughout the period of secondment according to the same criteria as the expatriation allowance for Temporary Agents referred to in Article 4 of Annex IV to the Staff Regulations of the Agency. If those criteria are met, the daily subsistence allowance shall be EUR 128,67. Otherwise, it shall be EUR 32,18. They shall be equivalent to the allowance paid to a national expert seconded to the General Secretariat of the Council of the European Union.
   2.   The SNE shall be entitled, throughout the period of secondment, to an additional monthly allowance paid as shown in the table below:

               Geographical distance between place of recruitment and place of secondment (in km)

               Amount in EUR

               0-150

               0,00

               > 150

               82,70

               > 300

               147,03

               > 500

               238,95

               > 800

               385,98

               > 1 300

               606,55

               > 2 000

               726,04

         3.   The allowances referred to in paragraphs 1 and 2 of are intended to cover also incurred costs of removal of SNEs and any annual travel expenses incurred during secondment. They shall be payable for periods of mission, annual leave, maternity, paternity or adoption leave, special leave and holidays granted by the Agency, without prejudice to Articles 14, 15 and 16. Where part-time work is authorised, the SNE shall be entitled to reduced allowances on a pro rata basis.
   4.   When the SNE starts the period of secondment, the SNE shall receive an advance amount equivalent to 75 days of the subsistence allowance, whereupon entitlement to any further such allowances shall cease during the corresponding period. If the secondment to the Agency is ended before the expiry of the period taken into account to calculate the advance, the SNE shall be obliged to return the amount corresponding to the remaining part of that period.
   5.   At the time of the Exchange of Letters provided for in Article 4, the employer shall inform the Agency of any payment received by the SNE similar to those mentioned in paragraphs 1 and 2 of this Article. Any such amounts shall be deducted from the corresponding allowances paid by the Agency to the SNE.
   6.   The update to remuneration and allowances adopted by application of Article 60 of the Staff Regulations of the Agency shall apply automatically to the monthly and subsistence allowances in the month following their adoption without retroactive effect. Following adaptation, the new amounts will be published in series C of the Official Journal of the European Union.
   Article 20
   Travel expenses
   1.   The SNE shall be entitled to a flat-rate reimbursement for themselves of travel expenses at the beginning of the secondment.
   2.   The flat-rate reimbursement shall be based on an allowance per kilometre of geographical distance between the place of recruitment and the place of secondment. The kilometric allowance shall be determined in accordance with Article 7 of Annex IV to the Staff Regulations of the Agency.
   3.   The SNE shall be entitled to reimbursement for themselves of travel expenses to the place of return at the end of the secondment. The reimbursement may not be for a sum higher than that to which the SNE would have been entitled if the SNE had returned to their place of recruitment.
   4.   The travel expenses for SNEs' family members are not reimbursed.
   Article 21
   Missions and mission expenses
   1.   The SNE may be sent on mission.
   2.   Mission expenses shall be reimbursed in accordance with the provisions in force at the Agency.
   Article 22
   Training
   The SNE shall be entitled to attend training courses organised by the Agency, if the interests of the Agency so warrant. The reasonable interests of the SNE, having regard in particular to their professional career after the secondment, shall be considered when a decision on permission to attend courses is taken.
   Article 23
   Administrative provisions
   1.   The SNE shall report to the relevant HR Unit on the first day of secondment to complete the requisite administrative formalities. The SNE shall take up their duties on either the first or the 16th of the month.
   2.   Payments shall be made by the Agency in euro.

      CHAPTER IV

         Experts on cost-free secondment

   Article 24
   Experts on cost-free secondment
   1.   An SNE may be seconded to the Agency as a cost-free SNE during the period of secondment.
   Such secondment shall not entail the payment of any allowances or expenses for the Agency except, where appropriate, those provided for in Article 25.
   2.   Articles 18, 19 and 20 shall not apply to cost-free SNEs.
   Without prejudice to Article 8, the conduct of a cost-free SNE shall always reflect the fact that the cost-free SNE is seconded to the Agency and shall never reflect adversely on their position at the Agency.
   Article 25
   Missions
   1.   If a cost-free SNE takes part in missions in a place other than the place of secondment, the cost-free SNE shall be reimbursed in accordance with the rules in force for the reimbursement of missions involving officials, except where another arrangement has been agreed between the Agency and the employer.
   2.   If, in connection with a mission, special ‘high risk’ insurance is provided by the Agency for officials, this facility shall also apply to a cost-free SNE who takes part in the same mission.
   3.   A cost-free SNE who takes part in a mission outside the territory of the Union shall be subject to the security arrangements in force at the Agency for such missions.
   Article 26
   Cost-free SNEs shall not be included in the staff establishment plan. Nevertheless, for transparency and information purposes, their number shall be reported to the Steering Board as part of the Chief Executive's annual reporting.

      CHAPTER V

         SNEs paid from budgets associated with ad hoc projects or programmes

   Article 27
   This Decision shall also apply to SNEs whose allowances are paid from budgets associated with ad hoc projects or programmes of the Agency, referred to in Articles 19 and 20 of Decision (CFSP) 2015/1835 (hereinafter referred to as ‘ad hoc SNEs’).
   Article 28
   Ad hoc SNEs shall be assigned exclusively to the ad hoc projects or programmes whose budget funds their respective allowances and expenses.
   The recruitment of ad hoc SNEs shall be subject to the prior approval of the relevant contributing Member States, based on a proposal including the draft vacancy notice associated with each post, by one or more of the relevant contributing Member States or by the Agency.
   Article 29
   Ad hoc SNEs shall not be included in the staff establishment plan. Nevertheless, for transparency and information purposes, their number shall be reported to the Steering Board as part of the Chief Executive's annual reporting.
   Article 30
   Budgets associated with ad hoc projects or programmes which cover the allowances and expenses of ad hoc SNEs may comprise contributions from third countries which take part in such projects and programmes, pursuant to Article 26(5) of Decision (CFSP) 2015/1835.
   Notwithstanding the provisions of the second paragraph of Article 1, such contributions shall not entitle nationals of the third countries concerned to be considered as eligible in ad hoc SNE recruitment procedures.

      CHAPTER VI

         National experts in professional training

   Article 31
   General provisions and definitions
   NEPTs are SNEs who are admitted to the Agency for professional training purposes.
   Article 32
   Purpose of the professional training
   1.   The purpose of the professional training is to:

               (a)

               give NEPTs experience of the Agency's working methods and projects;

               (b)

               enable them to gain practical experience and understanding of the day-to-day work of the Agency and to give them the opportunity to work in a multicultural, multilingual environment;

               (c)

               enable staff of national administrations, from the Ministry of Defence in particular, to put into practice the knowledge they have acquired in their studies, particularly in their respective areas of responsibility.

         2.   For its part, the Agency benefits from the input of people who can offer a new point of view and up-to-date knowledge which will enrich the daily work of the institution and build up a network of people with direct experience of its procedures.
   Article 33
   Eligibility
   The provisions of Article 2, with the exclusion of paragraph 3, shall apply by analogy to NEPTs.
   Article 34
   Duration of the professional training
   1.   The professional traineeships shall last between three and 24 months. The duration shall be fixed at the outset and may be extended for duly justified reasons within a maximum period of 24 months.
   2.   A NEPT may complete only one professional traineeship.
   Article 35
   Organisation of professional training
   Throughout their professional traineeship, NEPTs shall be supervised by a training advisor. The training advisor must inform the HR Unit of any significant incidents during the professional traineeship, in particular absences, illness, accidents or interruption, which he knows of or has been informed of by the NEPT.
   NEPTs shall obey instructions given by their training advisor, their superiors in the Directorate or service to which they are seconded and the HR Unit.
   NEPTs shall be allowed to attend meetings, unless they are restricted or confidential and the NEPT has no security clearance, to receive documentation and to participate in the activities of the department to which they are seconded.
   Article 36
   Suspension of the professional traineeship
   At the written request of the NEPT or his employer, and with the latter's prior agreement, the Chief Executive of the Agency may authorise a very brief suspension of the professional traineeship or its early termination. The NEPT may return to complete the remaining period of the professional traineeship, but only up until the end of that period. Under no circumstances may the traineeship be extended.
   Article 37
   Working conditions and remuneration
   1.   Articles 2(3), 3, 5, 18, 19 and 20 shall not apply to NEPTs.
   2.   NEPTs shall be regarded as cost-free SNEs within the meaning of Chapter IV. They shall continue to be paid by their employer without any financial compensation being paid by the Agency.
   The Agency shall not accept requests for grants or fees or the reimbursement of travel or other expenses other than the reimbursement of mission expenses incurred as part of the professional traineeship.
   Article 38
   Reports and certificate of attendance
   NEPTs who have completed the stipulated professional training period shall complete the evaluation reports requested by the HR Unit at the end of their traineeship. Training advisors shall also complete the relevant evaluation report.
   Subject to the completion of those reports, NEPTs who have completed their professional traineeships shall receive a certificate showing the dates of the professional training and the department in which it took place.
   Article 39
   NEPTs shall not be included in the staff establishment plan. Nevertheless, for transparency and information purposes, their number shall be reported to the Steering Board as part of the Chief Executive's annual reporting.

      CHAPTER VII

         Complaints

   Article 40
   Complaints
   Without prejudice to the possibilities for instituting proceedings after taking up a position, under the conditions and time limits laid down in Article 263 of the Treaty on the Functioning of the European Union, any SNE may submit a complaint to the authority authorised to conclude contracts (hereinafter referred to as the ‘AACC’) of employment under the Staff Regulations of the Agency about an act by the AACC under this Decision which adversely affects the SNE, with the exception of acts which follow directly from decisions taken by the employer.
   The complaint must be lodged within two months. The period shall run from the date of notification of the decision to the person concerned, but in no case later than the date on which the latter received such notification. The AACC shall notify the person concerned of a reasoned decision within four months from the date on which the complaint was lodged. If at the end of that period the SNE has not received a reply to the complaint, the complaint shall be deemed to have been implicitly rejected.

      CHAPTER VIII

         Final provisions

   Article 41
   Provision of information
   The Permanent Representations of all Member States shall be kept informed on a yearly basis about the number of SNEs in the Agency. This information shall include also:

               (a)

               the nationalities of SNEs seconded from an organisation or entity as set out in the second paragraph of Article 1;

               (b)

               any exceptions to the selection procedure in accordance with Article 3(3);

               (c)

               the assignment of all SNEs;

               (d)

               any suspension or early termination of SNEs' secondment in accordance with Articles 9 and 10;

               (e)

               the annual update of SNEs' allowances in accordance with Article 19.

         Article 42
   Delegation of powers
   All powers conferred to the Agency under this Decision shall be exercised by the AACC.
   Article 43
   Repeal
   Decision 2004/677/EC is hereby repealed. However, Articles 15 to 19 thereof shall remain applicable to the SNEs requesting so for secondments which are ongoing at the time of entry into force of this Decision, without prejudice to Article 44.
   Article 44
   Entry into force and application
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
   It shall apply from the first day of the month following its entry into force to each new secondment, renewal or extension of secondment.

      Done at Brussels, 4 August 2016.

            For the Council

            The President

         M. LAJČÁK

      (1)  OJ L 266, 13.10.2015, p. 55.

      (2)  Council Decision 2004/677/EC of 24 September 2004 concerning the Rules applicable to national experts and military staff on secondment to the European Defence Agency (OJ L 310, 7.10.2004, p. 64).

      (3)  Council Decision (EU) 2016/1351 of 4 August concerning the Staff Regulations of the European Defence Agency (see page 1 of this Official Journal).

      (4)  Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p. 1).


Avis juridique important

|

31990D0117

90/117/Euratom: Commission Decision of 27 February 1990 concerning the conclusion on behalf of the European Atomic Energy Community of the Agreement between the European Economic Community and the European Atomic Energy Community and the Union of Soviet Socialist Republics on trade and commercial and economic cooperation

Official Journal L 068 , 15/03/1990 P. 0002 - 0002 Finnish special edition: Chapter 11 Volume 15 P. 0206  Swedish special edition: Chapter 11 Volume 15 P. 0206

COMMISSION DECISION of 27 February 1990 concerning the conclusion on behalf of the European Atomic Energy Community of the Agreement between the European Economic Community and the European Atomic Energy Community and the Union of Soviet Socialist  Republics on trade and commercial and economic cooperation (90/117/Euratom) THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular the second paragraph of Article 101 thereof,  Whereas the Agreement between the European Economic Community and the European Atomic Energy Community and the Union of Soviet Socialist Republics on trade and commercial and economic cooperation was signed on 18 December 1989;  Whereas by Decision of 26 February 1990 the Council approved the said Agreement for the purposes of conclusion by the Commission on behalf of the European Atomic Energy Community;  Whereas the said Agreement should be concluded on behalf of the European Atomic Energy Community,  HAD DECIDED AS FOLLOWS:    Article 1 The Agreement (1) between the European Economic Community and the European Atomic Energy Community and the Union of Soviet Socialist Republics on trade and commercial and economic cooperation is hereby concluded on behalf of the European  Atomic Energy Community.  Article 2 The President of the Commission shall give the notification provided for in Article 25 of the Agreement on behalf of the European Atomic Energy Community.   Done at Brussels, 27 February 1990.  For the Commission The President Jacques DELORS   (1) The text of that Agreement is attached to this Decision.


title: Decision No E4 of 13 March 2014 concerning the transitional period as defined in Article 95 of Regulation (EC) No 987/2009 of the European Parliament and of the Council  Text of relevance to the EEA and to the EC/Switzerland Agreement

text:
               20.5.2014

               EN

               Official Journal of the European Union

               C 152/21

         DECISION No E4
   of 13 March 2014
   concerning the transitional period as defined in Article 95 of Regulation (EC) No 987/2009 of the European Parliament and of the Council
   (Text of relevance to the EEA and to the EC/Switzerland Agreement)
   (2014/C 152/04)
   THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,
   Having regard to Article 72(d) of Regulation (EC) No 883/2004 on the coordination of social security systems (1), under which the Administrative Commission is responsible to encourage as far as possible the use of new technologies, in particular by modernising procedures for exchanging information and adapting the information flow between institutions for the purposes of exchange by electronic means, taking into account the development of data processing in each Member State,
   Having regard to Article 4 of Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 of 29 April 2004 on the coordination of social security systems (2), under which the Administrative Commission is empowered to lay down the structure, content, format and detailed arrangements for the exchange of documents and structured electronic documents and to lay down the practical arrangements for sending information, documents or decisions by electronic means to the person concerned,
   Having regard to Article 95(1), first and second subparagraph, of Regulation (EC) No 987/2009, concerning the transitional period, stating that each Member State may benefit from a transitional period for exchanging data by electronic means and that these transitional periods shall not exceed 24 months from the date of entry into force of the implementing Regulation,
   Having regard to Article 95(1), third subparagraph, of Regulation (EC) No 987/2009, under which the Administrative Commission may agree on any appropriate extension of these periods if the delivery of the necessary central infrastructure (Electronic Exchange of Social Security Information – EESSI) is significantly delayed with regard to the entry into force of the implementing Regulation.
   Acting in accordance with the conditions laid down in Article 71(2), second subparagraph, of Regulation (EC) No 883/2004,
   Whereas:

               (1)

               Article 95 of Regulation (EC) No 987/2009 provides for a transitional period of 24 months from its entry into force to allow Member States to implement and integrate the necessary national infrastructure for exchanging data by electronic means.

               (2)

               Article 95 of Regulation (EC) No 987/2009 empowers the Administrative Commission to agree on an extension of the transitional period for Member States if the delivery of the central infrastructure is significantly delayed.

               (3)

               The Administrative Commission has conducted an overall assessment of the situation of the project, both at EU and national levels, based on the analysis from the European Commission and from the EESSI Project Steering Committee and EESSI Executive Board.

               (4)

               According to this assessment, an extension of the transitional period is considered to be necessary in order to ensure the effective implementation of the EESSI system, taking into account the progress of preparations both at EU and national levels.

               (5)

               Considering the technical complexity of the project, the Administrative Commission considers it appropriate to extend the transitional period in a flexible way, allowing for 2 years for the Member States to implement and integrate the necessary national infrastructure from the date when it has confirmed that the central EESSI system is fit for purpose.

               (6)

               The Administrative Commission, taking into account the recommendations of the EESSI project Steering Committee, urges the European Commission to accompany the timeframe covering the development and testing of the central EESSI system leading up to its readiness for production with a robust planning and end date, with the highest possible level of accuracy, and to keep the Member States informed about this projected date through its usual communication channels.

               (7)

               The Administrative Commission, however, encourages Member States to start the electronic data exchange as soon as possible, without delay, to limit the period of parallel paper and electronic exchange as much as possible, in accordance with the intermediate milestones to be defined by the Administrative Commission, based on a proposal from the EESSI Executive Board.

               (8)

               The Administrative Commission notes the role of the Executive Board and its mandate to provide leadership and direction to the EESSI Programme.

               (9)

               In accordance with Article 95(1) of Regulation (EC) No 987/2009, the Administrative Commission may review this decision on the basis of the overall planning and analysis of the EESSI Executive Board.

               (10)

               Decision No E1 of 12 June 2009 concerning the practical arrangements for the transitional period for the data exchange via electronic means referred to in Article 4 of Regulation (EC) No 987/2009 of the European Parliament and of the Council (3), will continue to apply mutatis mutandis during the extended period.

         HAS DECIDED AS FOLLOWS:

               1.

               The transitional period, referred to in Article 95(1) of Regulation (EC) No 987/2009 for the full exchange of data by electronic means by the Member States will be extended and the final date of the transitional period will be set based on the following algorithm: 2 years from the date when the central EESSI system will be developed, tested and delivered into production, ready for Member States to start the integration to the central system.

               2.

               The European Commission shall inform the Member States about the projected date for delivery of the central EESSI system by providing regular updates about the status of the project at the Administrative Commission meetings.

               3.

               The central EESSI system is considered delivered into production when all the components of the central EESSI system have been developed, tested and agreed as fit for purpose by the European Commission following consultation with the Executive Board.

               4.

               At the first meeting of the Administrative Commission following the European Commission decision as defined at paragraph 3, the decision will be presented to the Administrative Commission for endorsement. The 2 year period as defined at paragraph 1, allowing Member States to integrate to the central EESSI system will commence on the date the Administrative Commission Decision confirms that the central EESSI system is fit for purpose.

               5.

               This Decision shall be published in the Official Journal of the European Union. It shall apply from the date of its publication in the Official Journal of the European Union.

               6.

               This Decision replaces Decision No E3 of 19 October 2011.

            The Chair of the Administrative Commission

         Anna RIZOU

      (1)  OJ L 166, 30.4.2004, p. 1 (Corrigendum OJ L 200, 7.6.2004, p. 1) as amended by Council Regulation (EU) No 517/2013 (OJ L 158, 10.6.2013, p. 1).

      (2)  Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (OJ L 284, 30.10.2009, p. 1) as amended by Commission Regulation (EU) No 1224/2012 of 18 December 2012 (OJ L 349, 19.12.2012, p. 45).

      (3)  OJ C 106, 24.4.2010, p. 9.


title: Decision (EU, Euratom) 2016/1463 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the budget of the Education, Audiovisual and Culture Executive Agency for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/120

         DECISION (EU, EURATOM) 2016/1463 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on discharge in respect of the implementation of the budget of the Education, Audiovisual and Culture Executive Agency for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

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

               —

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

               —

               having regard to the final annual accounts of the Education, Audiovisual and Culture Executive Agency for the financial year 2014 (3),

               —

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

               —

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

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Education, Audiovisual and Culture Executive Agency for the financial year 2014, together with the Agency’s reply (4),

               —

               having regard to the statement of assurance (5) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

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

               —

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

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (6) and in particular Articles 62, 164, 165 and 166 thereof,

               —

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

               —

               having regard to Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (8), and in particular the first and second paragraphs of Article 66 thereof,

               —

               having regard to Commission Implementing Decision 2013/776/EU of 18 December 2013 establishing the Education, Audiovisual and Culture Executive Agency and repealing Decision 2009/336/EC (9),

               —

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

               —

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

               A.

               whereas, under Article 17(1) of the Treaty on European Union, the Commission is to execute the budget and manage programmes and, pursuant to Article 317 of the Treaty on the Functioning of the European Union, is to implement the budget in cooperation with the Member States, on its own responsibility, having regard to the principles of sound financial management;

               1.

               Grants the Director of the Education, Audiovisual and Culture Executive Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2014;

               2.

               Sets out its observations in the resolution forming an integral part of the decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section III — Commission and executive agencies, and in its resolution of 28 April 2016 on the Court of Auditors’ special reports in the context of the Commission discharge for the financial year 2014 (10);

               3.

               Instructs its President to forward this decision, the decision on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section III — Commission and the resolution forming an integral part of those decisions, to the Director of the Education, Audiovisual and Culture Executive Agency, 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 L 51, 20.2.2014.

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

      (3)  OJ C 367, 5.11.2015, p. 2.

      (4)  OJ C 409, 9.12.2015, p. 73.

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

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

      (7)  OJ L 11, 16.1.2003, p. 1.

      (8)  OJ L 297, 22.9.2004, p. 6.

      (9)  OJ L 343, 19.12.2013, p. 46.

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


title: 2004/746/EC:Council Decision of 18 October 2004 on the fulfilment of the conditions laid down in Article 3 of the Additional Protocol to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, with regard to an extension of the period foreseen in Article 9(4) of Protocol 2 to the Europe Agreement

text:
               30.10.2004

               EN

               Official Journal of the European Union

               L 328/101

      COUNCIL DECISION

   of 18 October 2004
   on the fulfilment of the conditions laid down in Article 3 of the Additional Protocol to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, with regard to an extension of the period foreseen in Article 9(4) of Protocol 2 to the Europe Agreement
   (2004/746/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 87(3)(e) thereof,
   Having regard to the Council Decision of 29 July 2002 on the signature and provisional application of an Additional Protocol to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, with regard to an extension of the period foreseen in Article 9(4) of Protocol 2 to the Europe Agreement,
   Having regard to the Additional Protocol to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, with regard to an extension of the period foreseen in Article 9(4) of Protocol 2 to the Europe Agreement, and in particular Article 3 thereof,
   Having regard to the proposal of the Commission,
   Whereas:

               (1)

               A Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part (1), came into force on 1 February 1995.

               (2)

               Article 9(4) of Protocol 2 of the Europe Agreement lays down that during the first five years after entry into force of the Agreement, and by derogation from paragraph 1(iii) of the same Article, Bulgaria may exceptionally, as regards steel products, grant public aid for restructuring purposes, provided that this leads to the viability of the benefiting firms under normal market conditions at the end of the restructuring period, the amount and intensity of such aid are strictly limited to what is absolutely necessary in order to restore such viability and are progressively reduced and the restructuring programme is linked to a global rationalisation and reduction of overall production capacity in Bulgaria.

               (3)

               The initial period of five years expired on 31 December 1997.

               (4)

               The Republic of Bulgaria requested an extension of the abovementioned period on 21 November 2002.

               (5)

               It is appropriate to grant an extension of this period for an additional period of eight years starting on 1 January 1998 or until the date of Bulgaria's accession to the European Union, whichever comes first.

               (6)

               To this effect, an Additional Protocol to the Europe Agreement was signed by the Community and Bulgaria on 21 November 2002 and is provisionally applied from that date.

               (7)

               Pursuant to Article 2 of the Additional Protocol, the extension of the abovementioned period is made conditional on the submission by Bulgaria to the Commission of a restructuring programme and business plans that meet the requirements of Article 9(4) of Protocol 2 of the Europe Agreement and have been assessed and agreed by its national State aid authority (the Commission for Protection of Competition).

               (8)

               In March 2004, Bulgaria submitted to the Commission a restructuring programme and a business plan for its only company having benefited or benefiting of a State support for restructuring.

               (9)

               Pursuant to Article 3 of the Additional Protocol, the extension of the abovementioned period is made conditional on a final assessment of the restructuring programme and business plans by the Commission.

               (10)

               The Commission has made a final assessment of the restructuring programme and the business plan submitted by Bulgaria; this assessment indicates that the implementation of the restructuring programme and the business plan will allow the company concerned to reach viability under normal market conditions. It also shows that the amount of State aid for restructuring purposes as specified in the plan is strictly limited to what is necessary to allow the company concerned to reach viability and will be progressively reduced and stopped by 2005. The assessment provides also that a global rationalisation and reduction of excess capacity of the beneficiary company will be reached. The assessment therefore concludes that the restructuring programme and the business plan meet the requirements of Article 9(4) of Protocol 2 of the Europe Agreement,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The restructuring programme and business plan submitted to the Commission by Bulgaria pursuant to Article 2 of the Additional Protocol to the Europe Agreement establishing an association between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part, with regard to an extension of the period laid down in Article 9(4) of Protocol 2 to the Europe Agreement, are in compliance with the requirements of Article 9(4) of Protocol 2.
   Article 2
   The period during which Bulgaria may exceptionally, as regards steel products, grant public aid for restructuring purposes in accordance with the provisions of Article 9(4) of Protocol 2 is hereby extended by an additional period of eight years starting on 1 January 1998 or until the date of Bulgaria's accession to the European Union, whichever comes first, as foreseen by Article 1 of the Additional Protocol.

      Done at Luxembourg, 18 October 2004.

            For the Council

            The President

         C. VEERMAN

      (1)  OJ L 358, 31.12.1994, p. 3.


title: Council Decision (CFSP) 2015/277 of 19 February 2015 amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe

text:
               20.2.2015

               EN

               Official Journal of the European Union

               L 47/20

         COUNCIL DECISION (CFSP) 2015/277
   of 19 February 2015
   amending Decision 2011/101/CFSP concerning restrictive measures against Zimbabwe
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and in particular Article 29 thereof,
   Whereas:

               (1)

               On 15 February 2011, the Council adopted Decision 2011/101/CFSP (1).

               (2)

               The Council has carried out a review of Decision 2011/101/CFSP, taking into account political developments in Zimbabwe.

               (3)

               The restrictive measures should be renewed until 20 February 2016.

               (4)

               The application of the travel ban and asset freeze should be maintained for two persons and one entity set out in Annex I to Decision 2011/101/CFSP. The suspension of the travel ban and asset freeze for persons and entities as listed in Annex II to that Decision should also be renewed. The names of five deceased persons should be removed from Annex I and II to that Decision.

               (5)

               Decision 2011/101/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 10 of Decision 2011/101/CFSP is replaced by the following:

      ‘Article 10
      1.   This Decision shall enter into force on the date of its adoption.
      2.   This Decision shall apply until 20 February 2016.
      3.   The measures referred to in Articles 4(1), 5(1) and 5(2), in so far as they apply to persons and entities listed in Annex II, shall be suspended until 20 February 2016.
      The suspension shall be reviewed every three months.
      4.   This Decision shall be kept under constant review and shall be extended, or amended as appropriate, if the Council deems that its objectives have not been met.’

   Article 2
   The names of the persons listed in the Annex to this Decision shall be removed from Annex I and II to Decision 2011/101/CFSP.
   Article 3
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

      Done at Brussels, 19 February 2015.

            For the Council

            The President

         E. RINKĒVIČS

      (1)  Council Decision 2011/101/CFSP of 15 February 2011 concerning restrictive measures against Zimbabwe (OJ L 42, 16.2.2011, p. 6).

      ANNEX

                  Name (and any aliases)

                  1.

                  CHINDORI-CHININGA, Edward Takaruza

                  2.

                  KARAKADZAI, Mike Tichafa

                  3.

                  SAKUPWANYA, Stanley Urayayi

                  4.

                  SEKEREMAYI, Lovemore

                  5.

                  SHAMUYARIRA, Nathan Marwirakuwa


title: Decision (EU) 2016/1456 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section I — European Parliament

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/1

         DECISION (EU) 2016/1456 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on discharge in respect of the implementation of the general budget of the European Union for the financial year 2014, Section I — European Parliament
   THE EUROPEAN PARLIAMENT,

               —

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

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2014 (COM(2015)377 – C8-0200/2015) (2),

               —

               having regard to the report on budgetary and financial management for the financial year 2014, Section I — European Parliament (3),

               —

               having regard to the Internal Auditor’s annual report for the financial year 2014,

               —

               having regard to the Court of Auditors’ annual report on the implementation of the budget for the financial year 2014, together with the institutions’ replies (4),

               —

               having regard to the statement of assurance (5) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (6), and in particular Articles 164, 165 and 166 thereof,

               —

               having regard to the Bureau decision of 27 April 2005 on the Internal Rules on the implementation of the European Parliament’s budget (7), and in particular Article 13 thereof,

               —

               having regard to the Bureau decision of 16 June 2014 on the Internal Rules on the implementation of the European Parliament’s budget (8), and in particular Article 22 thereof,

               —

               having regard to Rule 94 and Rule 98(3) of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A8-0135/2016),

               A.

               whereas its President adopted Parliament's accounts for the financial year 2014 on 8 July 2015;

               B.

               whereas its Secretary-General, as principal authorizing officer by delegation, certified, on 18 September 2015, his reasonable assurance that the resources assigned for the Parliament's budget have been used for their intended purpose and in accordance with the principle of sound financial management;

               C.

               whereas Article 166(1) of Regulation (EU, Euratom) No 966/2012 requires each Union institution to take all appropriate steps to act on the observations accompanying the Parliament’s discharge decision;

               1.

               Grants its President discharge in respect of the implementation of the budget of the European Parliament for the financial year 2014;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution forming an integral part of it to the 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 L 51, 20.2.2014.

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

      (3)  OJ C 247, 28.7.2015, p. 1.

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

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

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

      (7)  PE 349.540/Bur/ann/fin.

      (8)  PE 422.541/Bur.


title: Council Decision 2004/767/CFSP of 15 November 2004 implementing Common Position 2004/694/CFSP on further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)

text:
               16.11.2004

               EN

               Official Journal of the European Union

               L 339/16

      COUNCIL DECISION 2004/767/CFSP
   of 15 November 2004
   implementing Common Position 2004/694/CFSP on further measures in support of the effective implementation of the mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Common Position 2004/694/CFSP (1), and in particular Article 2 thereof, in conjunction with Article 23(2) of the Treaty on European Union,
   Whereas:

               (1)

               By Common Position 2004/694/CFSP the Council adopted measures in order to freeze all funds and economic resources belonging to Radovan Karadžić, Ratko Mladić and Ante Gotovina.

               (2)

               These measures should be extended to all persons publicly indicted by the ICTY for war crimes who are not in the custody of the Tribunal.

               (3)

               The list contained in the Annex to Common Position 2004/694/CFSP should therefore be amended.

               (4)

               Action by the Community is needed in order to implement this Decision,

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

      Done at Brussels, 15 November 2004.

            For the Council

            The President

         M. VAN DER HOEVEN

      (1)  OJ L 315, 14.10.2004, p. 52.

      ANNEX
      ‘List of persons referred to in Article 2

                  1.

                  Borovcanin, Ljubomir. Date of birth: 27.2.1960. Place of birth: Han Pijesak, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.

                  2.

                  Borovnica, Goran. Date of birth: 15.8.1965. Place of birth: Kozarac, Municipality of Prijedor, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.

                  3.

                  Bralo, Miroslav. Date of birth: 13.10.1967. Place of birth: Kratine, Municipality of Vitez, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.

                  4.

                  Djordjevic, Vlastimir. Date of birth: 1948. Place of birth: Vladicin Han, Serbia and Montenegro. Nationality: Serbia and Montenegro.

                  5.

                  Gotovina, Ante. Date of birth: 12.10.1955. Place of birth: Island of Pasman, Municipality of Zadar, Republic of Croatia. Nationality: (a) Croatian, (b) French.

                  6.

                  Hadzic, Goran. Date of birth: 7.9.1958. Place of birth: Vinkovci, Republic of Croatia. Nationality: Serbia and Montenegro.

                  7.

                  Jankovic, Gojko. Date of birth: 31.10.1954. Place of birth: Trbuse, Municipality of Foca, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.

                  8.

                  Karadžić, Radovan. Date of birth: 19.6.1945. Place of birth: Petnjica, Savnik, Montenegro, Serbia and Montenegro. Nationality: Bosnia and Herzegovina.

                  9.

                  Lazarevic, Vladimir. Date of birth: 23.3.1949. Place of birth: Grncar, Serbia and Montenegro. Nationality: Serbia and Montenegro.

                  10.

                  Lukic, Milan. Date of birth: 6.9.1967. Place of birth: Visegrad, Bosnia and Herzegovina. Nationality: (a) Bosnia and Herzegovina, (b) possibly Serbia and Montenegro.

                  11.

                  Lukic, Sredoje. Date of birth: 5.4.1961. Place of birth: Visegrad, Bosnia and Herzegovina. Nationality: (a) Bosnia and Herzegovina, (b) possibly Serbia and Montenegro.

                  12.

                  Lukic, Sreten. Date of birth: 28.3.1955. Place of birth: Visegrad, Bosnia and Herzegovina. Nationality: Serbia and Montenegro.

                  13.

                  Milosevic, Dragomir. Date of birth: 4.2.1942. Place of birth: Murgas, Municipality of Ub, Serbia and Montenegro. Nationality: Bosnia and Herzegovina.

                  14.

                  Mladić, Ratko. Date of birth: 12.3.1942. Place of birth: Bozanovici, Municipality of Kalinovik, Bosnia and Herzegovina. Nationality: (a) Bosnia and Herzegovina, (b) Serbia and Montenegro.

                  15.

                  Nikolic, Drago. Date of birth: 9.11.1957. Place of birth: Bratunac, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.

                  16.

                  Pandurevic, Vinko. Date of birth: 25.6.1959. Place of birth: Sokolac, Bosnia and Herzegovina. Nationality: (a) Bosnia and Herzegovina, (b) possibly Serbia and Montenegro.

                  17.

                  Pavkovic, Nebojsa. Date of birth: 10.4.1946. Place of birth: Senjski Rudnik, Serbia and Montenegro. Nationality: Serbia and Montenegro.

                  18.

                  Popovic, Vujadin. Date of birth: 14.3.1957. Place of birth: Sekovici, Bosnia and Herzegovina. Nationality: Serbia and Montenegro.

                  19.

                  Todovic, Savo. Date of birth: 11.12.1952. Place of birth: Foca, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.

                  20.

                  Zelenovic, Dragan. Date of birth: 12.2.1961. Place of birth: Foca, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.

                  21.

                  Zupljanin, Stojan. Date of birth: 22.9.1951. Place of birth: Kotor Varos, Bosnia and Herzegovina. Nationality: Bosnia and Herzegovina.’


title: 2009/224/EC: Decision of the European Parliament of 22 April 2008 on the closure of the accounts of the European Aviation Safety Agency for the financial year 2006

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/208

      DECISION OF THE EUROPEAN PARLIAMENT

   of 22 April 2008
   on the closure of the accounts of the European Aviation Safety Agency for the financial year 2006
   (2009/224/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Aviation Safety Agency for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Aviation Safety Agency for the financial year 2006, together with the Agency's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 216/2008 of the European Parliament and of the Council of 20 February 2008 on common rules in the field of civil aviation and establishing a European Aviation Safety Agency (4), and in particular Article 60 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (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 Transport and Tourism (A6-0118/2008),

               1.

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

               2.

               Approves the closure of the accounts of the European Aviation Safety Agency for the financial year 2006;

               3.

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

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 261, 31.10.2007, p. 16.

      (2)  OJ C 309, 19.12.2007, p. 47.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 79, 19.3.2008, p. 1.

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