title: 2011/596/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the budget of the Euratom Supply Agency for the financial year 2009#Resolution of the European Parliament of 10 May 2011 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the Euratom Supply Agency for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/206

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the budget of the Euratom Supply Agency for the financial year 2009
   (2011/596/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Euratom Supply Agency for the financial year 2009,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Euratom Supply Agency for the financial year 2009, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),

               —

               having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,

               —

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

               —

               having regard to Council Decision 2008/114/EC, Euratom of 12 February 2008 establishing Statutes for the Euratom Supply Agency (3) and in particular Article 8 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 (A7-0144/2011),

               1.

               Grants the Director-General of the Euratom Supply Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2009;

               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-General of the Euratom Supply 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

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 6.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 41, 15.2.2008, p. 15.

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

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 10 May 2011
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the Euratom Supply Agency for the financial year 2009
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the Euratom Supply Agency for the financial year 2009,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the Euratom Supply Agency for the financial year 2009, together with the Agency’s replies (1),

                  —

                  having regard to the Council’s recommendation of 15 February 2011 (05892/2011 — C7-0052/2011),

                  —

                  having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,

                  —

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

                  —

                  having regard to Council Decision 2008/114/EC, Euratom of 12 February 2008 establishing Statutes for the Euratom Supply Agency (3) and in particular Article 8 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 (A7-0144/2011),

                  A.

                  whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts for the financial year 2009 are reliable and that the underlying transactions are legal and regular,

                  B.

                  whereas the Court of Auditors also added in its report for 2009 an emphasis of matter with regard to the lack of compliance of the Agency’s Statutes with Article 54 of the Treaty Establishing the European Atomic Energy Community,

                  C.

                  whereas, under Decision 2008/114/EC, Euratom, the Euratom Supply Agency established in Luxembourg in 1958, has new Statutes and has become an Agency,

                  1.

                  Notes that in 2009 the Agency did not receive any subsidy to cover its operations and that the Commission bore all expenses incurred by the Agency for the implementation of the 2009 budget; notes that this situation has persisted since the creation of the Agency in 2008;

                  2.

                  Notes, therefore, that in the absence of an autonomous budget, the Agency is de facto integrated into the Commission;

                  3.

                  Points out, nevertheless, that this situation is at odds with the Agency’s Statutes and that it raises the issue of the need to maintain the Agency in its current form and organisation;

                  4.

                  Notes, however, the Agency’s reply explaining that the present situation reflects the balance between, on the one hand, a clear relationship with the Commission (for example the Commission may issue directives and it appoints the Director-General of the Agency) and, on the other hand, a degree of legal and financial autonomy (for example the Agency co-signs all commercial contracts related to the procurement of nuclear materials, which allows it to ensure that the policy on diversification of the sources of supply is applied); notes, furthermore that this balance is in accordance with the Euratom Treaty;

                  5.

                  Acknowledges that, in accordance with Article 3 of its Statutes, the Agency has selected its own Internal Auditor, who took up his duties only on 1 July 2009;

                  6.

                  Notes the letter of 31 March 2011 from the Director-General which acknowledges the abovementioned problem and details the initial actions taken as requested by the discharge authority; calls on the Director-General to keep the discharge authority informed on further steps taken and progress made;

                  7.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2011 (5) on the performance, financial management and control of the agencies.

         (1)  OJ C 338, 14.12.2010, p. 6.

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

         (3)  OJ L 41, 15.2.2008, p. 15.

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

         (5)  Texts adopted, P7_TA(2011)0163 (See page 269 of this Official Journal).


title: 2010/699/EU: Council Decision of 21 October 2010 on the position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part, with regard to the adoption of provisions on the coordination of social security systems#Draft — Decision No …/… of the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part, of … with regard to the provisions on the coordination of social security systems contained in the Euro-Mediterranean Agreement

text:
               23.11.2010

               EN

               Official Journal of the European Union

               L 306/14

         COUNCIL DECISION
   of 21 October 2010
   on the position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part, with regard to the adoption of provisions on the coordination of social security systems
   (2010/699/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 79(2)(b) in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article 70 of the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part (1) (‘the Agreement’), provides that the Association Council shall adopt provisions to implement the principles on the coordination of social security systems as set out in Article 68 of the Agreement before the end of the first year following its entry into force.

               (2)

               In accordance with Articles 1 and 2 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 is not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (3)

               In accordance with Articles 1 and 2 of Protocol (No 21) on the Position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, and without prejudice to Article 4 of that Protocol, those Member States are not taking part in the adoption of this Decision and are not bound by it or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the European Union within the Association Council set up by the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part (‘the Agreement’), concerning the implementation of Article 70 of the Agreement, shall be based on the draft decision of the Association Council attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 21 October 2010.

            For the Council

            The President

         J. MILQUET

      (1)  OJ L 265, 10.10.2005, p. 2.

      Draft
      DECISION No …/… OF THE ASSOCIATION COUNCIL
      set up by the Euro-Mediterranean Agreement establishing an association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part,
      of …
      with regard to the provisions on the coordination of social security systems contained in the Euro-Mediterranean Agreement
      THE ASSOCIATION COUNCIL,
      Having regard to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part (1), and in particular Article 70 thereof,
      Whereas:

                  (1)

                  Articles 68 to 71 of the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part (‘the Agreement’), provide for the coordination of the social security systems of Algeria and the Member States. Article 68 lays down the principles for such coordination.

                  (2)

                  Article 70 of the Agreement provides that the Association Council shall adopt a decision implementing the principles set out in Article 68 before the end of the first year following the entry into force of the Agreement.

                  (3)

                  With regard to the application of the non-discrimination principle, this Decision should not give any additional rights arising from certain facts or events occurring on the territory of the other contracting party, where such facts or events are not taken into account under the legislation of the first contracting party, other than the right to export certain benefits.

                  (4)

                  In applying this Decision, the right of Algerian workers to family benefits should be subject to the condition that their family members legally reside with these workers in the Member State where the workers are employed. This Decision should not give any entitlement to family benefits with respect to members of their family who reside in another state, for instance Algeria.

                  (5)

                  Council Regulation (EC) No 859/2003 (2) already extends the provisions of Regulation (EEC) No 1408/71 and Regulation (EEC) No 574/72 to nationals of third countries who are not already covered by those provisions solely on the grounds of their nationality. Regulation (EC) No 859/2003 already covers the principle of aggregation of insurance periods acquired by Algerian workers in the various Member States regarding entitlement to certain benefits, as set out in Article 68(2) of the Agreement.

                  (6)

                  It might be necessary to lay down special provisions which correspond to the specific characteristics of the legislation of Algeria, in order to facilitate the application of the coordination rules.

                  (7)

                  To ensure the smooth functioning of the coordination of the social security systems of the Member States and of Algeria, it is necessary to provide for specific provisions regarding the cooperation between the Member States and Algeria as well as between the person concerned and the institution of the competent state.

                  (8)

                  Transitional provisions should be adopted to protect the persons covered by this Decision and to ensure that they do not lose rights as a result of its entry into force,

            HAS ADOPTED THIS DECISION:
      PART I

         GENERAL PROVISIONS

      Article 1
      Definitions
      1.   For the purposes of this Decision:

                  (a)

                  ‘Agreement’ means the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the People’s Democratic Republic of Algeria, of the other part;

                  (b)

                  ‘Regulation’ means Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (3) as applicable in the Member States of the European Union;

                  (c)

                  ‘implementing Regulation’ means 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 (4);

                  (d)

                  ‘Member State’ means a Member State of the European Union;

                  (e)

                  ‘worker’ means:

                              (i)

                              for the purposes of the legislation of a Member State, a person pursuing an activity as an employed person within the meaning of Article 1(a) of the Regulation;

                              (ii)

                              for the purposes of the legislation of Algeria, a person pursuing an activity as an employed person within the meaning of that legislation;

                  (f)

                  ‘member of the family’ means:

                              (i)

                              for the purposes of the legislation of a Member State, a member of the family within the meaning of Article 1(i) of the Regulation;

                              (ii)

                              for the purposes of the legislation of Algeria, a member of the family within the meaning of that legislation;

                  (g)

                  ‘legislation’ means:

                              (i)

                              in relation to the Member States, legislation within the meaning of Article 1(l) of the Regulation;

                              (ii)

                              in relation to Algeria, the corresponding relevant legislation as applicable in Algeria;

                  (h)

                  ‘benefits’ means:

                              (i)

                              in relation to the Member States, benefits within the meaning of Article 3 of the Regulation;

                              (ii)

                              in relation to Algeria, the corresponding benefits applying in Algeria;

                  (i)

                  ‘exportable benefits’ means:

                              (i)

                              in relation to the Member States:

                                          —

                                          old-age pensions,

                                          —

                                          survivors’ pensions,

                                          —

                                          pensions in respect of accidents at work and occupational diseases,

                                          —

                                          invalidity pensions related to accidents at work and occupational diseases,

                                    within the meaning of the Regulation, with the exception of special non-contributory cash benefits as listed in Annex X to the Regulation;

                              (ii)

                              in relation to Algeria, the corresponding benefits provided under the legislation of Algeria, with the exception of special non-contributory cash benefits as set out in Annex I to this Decision.

            2.   Other terms used in this Decision shall have the meaning which is assigned to them:

                  (a)

                  in relation to the Member States, in the Regulation and the implementing Regulation;

                  (b)

                  in relation to Algeria, in the relevant legislation as applicable in Algeria.

            Article 2
      Persons covered
      This Decision shall apply:

                  (a)

                  to workers who are Algerian nationals and who are or have been legally employed in the territory of a Member State and who are or have been subject to the legislation of one or more Member States, and their survivors;

                  (b)

                  to the members of the family of workers referred to in point (a) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in a Member State;

                  (c)

                  to workers who are nationals of a Member State who are or have been legally employed in the territory of Algeria and who are or have been subject to the legislation of Algeria, and their survivors; and

                  (d)

                  to the members of the family of workers referred to in point (c) provided that these family members are or have been legally resident with the worker concerned while the worker is employed in Algeria.

            Article 3
      Equality of treatment
      1.   Workers who are Algerian nationals and are legally employed in a Member State and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to nationals of the Member States in which those workers are employed.
      2.   Workers who are nationals of a Member State and are legally employed in Algeria and any members of their families legally residing with them shall enjoy, with regard to the benefits within the meaning of Article 1(1)(h), treatment free from any discrimination based on nationality relative to Algerian nationals.
      PART II

         RELATIONS BETWEEN THE MEMBER STATES AND ALGERIA

      Article 4
      Waiving of Residence Clauses
      1.   Exportable benefits within the meaning of Article 1(1)(i) to which the persons as referred to in Article 2(a) and (c) are entitled shall not be subject to any reduction, modification, suspension, withdrawal or confiscation by reason of the fact that the beneficiary is residing:

                  (i)

                  for the purpose of a benefit under the legislation of a Member State, within the territory of Algeria; or

                  (ii)

                  for the purpose of a benefit under the legislation of Algeria, within the territory of a Member State.

            2.   Family members of a worker as referred to in Article 2(b) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of the Member State concerned when these family members reside within the territory of Algeria.
      3.   Family members of a worker as referred to in Article 2(d) are entitled to exportable benefits within the meaning of Article 1(1)(i) in the same way as the family members of a worker who is a national of Algeria when these family members reside within the territory of a Member State.
      PART III

         MISCELLANEOUS PROVISIONS

      Article 5
      Cooperation
      1.   The Member States and Algeria shall communicate to each other all information regarding changes in their legislation which may affect the implementation of this Decision.
      2.   For the purposes of this Decision, the authorities and institutions of the Member States and of Algeria shall lend one another their good offices and act as though implementing their own legislation. The administrative assistance given by the said authorities and institutions shall, as a rule, be free of charge. However, the competent authorities of the Member States and of Algeria may agree to certain expenses being reimbursed.
      3.   The authorities and institutions of the Member States and of Algeria may, for the purposes of this Decision, communicate directly with one another and with the persons involved or their representatives.
      4.   The institutions and persons covered by this Decision shall have a duty of mutual information and cooperation to ensure the correct implementation of this Decision.
      5.   The persons concerned must inform the institutions of the competent Member State or Algeria, where the latter is the competent state, and of the Member State of residence or Algeria, where the latter is the state of residence, as soon as possible of any change in their personal or family situation which affects their right to benefits under this Decision.
      6.   Failure to respect the obligation of information referred to in paragraph 5 may result in the application of proportionate measures in accordance with national law. Nevertheless, these measures shall be equivalent to those applicable to similar situations under domestic law and shall not make it impossible or excessively difficult in practice for claimants to exercise the rights conferred on them by this Decision.
      7.   The Member States and Algeria may provide for national provisions that establish conditions for the verification of entitlement to benefits to take into account the fact that the beneficiaries are staying or residing outside the territory of the State where the debtor institution is located. Such provisions shall be proportionate, free from any discrimination based on nationality and in accordance with the principles of this Decision. Such provisions shall be notified to the Association Council.
      Article 6
      Administrative Checks and Medical Examinations
      1.   This Article shall apply to the persons as referred to in Article 2 and in receipt of exportable benefits as referred to in Article 1(1)(i), as well as to the institutions in charge of the implementation of this Decision.
      2.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing within the territory of a Member State when the debtor institution is located in Algeria or in Algeria when the debtor institution is located in a Member State, the medical examination shall be carried out, at the request of that institution, by the institution of the beneficiary’s place of stay or residence in accordance with the procedures laid down by the legislation applied by that institution.
      The debtor institution shall inform the institution of the place of stay or residence of any special requirements, if necessary, to be followed and points to be covered by the medical examination.
      The institution of the place of stay or residence shall forward a report to the debtor institution that requested the medical examination.
      The debtor institution shall reserve the right to have the beneficiary examined by a doctor of its choice, either in the territory where the recipient or claimant of benefit is staying or residing or in the country where the debtor institution is located. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.
      3.   Where a recipient or a claimant of benefits, or a member of his family, is staying or residing in the territory of a Member State when the debtor institution is located in Algeria or in Algeria when the debtor institution is located in a Member State, the administrative check shall, at the request of the debtor institution, be performed by the institution of the beneficiary’s place of stay or residence.
      The institution of the place of stay or residence shall forward a report to the debtor institution that requested the administrative check.
      The debtor institution shall reserve the right to have the situation of the beneficiary examined by a professional of its choice. However, the beneficiary may be asked to return to the State of the debtor institution only if he or she is able to make the journey without prejudice to his health and the cost of travel and accommodation is paid for by the debtor institution.
      4.   One or more Member States and Algeria may agree on other administrative provisions, subject to their informing the Association Council thereof.
      5.   As an exception to the principle of free-of-charge mutual administrative assistance set out in Article 5(2) of this Decision, the effective amount of the expenses of the checks referred to in paragraphs 2 and 3 of this Article shall be refunded to the institution which was requested to carry them out by the debtor institution which requested them.
      Article 7
      Application of Article 104 of the Agreement
      Article 104 of the Agreement shall apply in case either Party considers that the other Party has not complied with the obligations as laid down in Articles 5 and 6.
      Article 8
      Special provisions for the application of the legislation of Algeria
      The Association Council may, if necessary, lay down special provisions for the application of the legislation of Algeria in Annex II.
      Article 9
      Administrative procedures from existing bilateral agreements
      Administrative procedures contained in existing bilateral agreements between a Member State and Algeria may continue to apply provided that those procedures do not adversely affect the rights or obligations of the persons concerned established by this Decision.
      Article 10
      Agreements supplementing the procedures for implementing this Decision
      One or more Member States and Algeria may conclude agreements designed to supplement the administrative procedures for implementing this Decision especially with regard to preventing and combating fraud and error.
      PART IV

         TRANSITIONAL AND FINAL PROVISIONS

      Article 11
      Transitional provisions
      1.   No rights shall be acquired pursuant to this Decision for the period before its date of entry into force.
      2.   Subject to paragraph 1, a right shall be acquired under this Decision even if it relates to a contingency arising before its date of entry into force.
      3.   Any benefit which has not been awarded or which has been suspended by reason of the nationality or place of residence of the person concerned shall, at the request of that person, be provided or resumed with effect from the date of entry into force of this Decision, provided that the rights for which benefits were previously provided have not given rise to a lump-sum payment.
      4.   If a request as referred to in paragraph 3 is submitted within 2 years from the date of entry into force of this Decision, the rights acquired in accordance with this Decision shall have effect from the date of entry into force of this Decision, and the legislation of any Member State or Algeria concerning the forfeiture or limitation of rights may not be invoked against the persons concerned.
      5.   If a request as referred to in paragraph 3 is submitted after the expiry of the 2-year period following the date of entry into force of this Decision, rights not forfeited or not time-barred shall have effect from the date on which the request was submitted, subject to any more favourable provisions under the legislation of any Member State or Algeria.
      Article 12
      Annexes to this Decision
      1.   The Annexes to this Decision constitute an integral part thereof.
      2.   At the request of Algeria, the Annexes may be amended by a decision of the Association Council.
      Article 13
      Entry into force
      This Decision shall enter into force on the first day of the first month following its publication in the Official Journal of the European Union.

         Done at …, …

               For the Association Council

               The President

         (1)  OJ L 265, 10.10.2005, p. 2.

         (2)  OJ L 124, 20.5.2003, p. 1.

         (3)  OJ L 166, 30.4.2004, p. 1.

         (4)  OJ L 284, 30.10.2009, p. 1.

         ANNEX I

            LIST OF ALGERIAN SPECIAL NON-CONTRIBUTORY CASH BENEFITS

         …

         ANNEX II

            SPECIAL PROVISIONS FOR THE APPLICATION OF THE LEGISLATION OF ALGERIA

         …