title: 2011/603/EU: Decision of the European Parliament of 10 May 2011 on the closure of the accounts of the European Union Agency for Fundamental Rights for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/223

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on the closure of the accounts of the European Union Agency for Fundamental Rights for the financial year 2009
   (2011/603/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Union Agency for Fundamental Rights for the financial year 2009,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Fundamental Rights 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 Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (3), and in particular Article 21 thereof,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0130/2011),

               1.

               Approves the closure of the accounts of the European Union Agency for Fundamental Rights for the financial year 2009;

               2.

               Instructs its President to forward this Decision to the Director of the European Union Agency for Fundamental Rights, 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

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 338, 14.12.2010, p. 10.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 53, 22.2.2007, p. 1.

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


Important legal notice

|

E1999C0275

EFTA Surveillance Authority Decision No 275/99/COL of 17 November 1999 introducing guidelines on State aid elements in sales of land and buildings by public authorities and amending for the 20th time the Procedural and Substantive Rules in the field of State aid

Official Journal L 137 , 08/06/2000 P. 0028 - 0032

EFTA Surveillance Authority DecisionNo 275/99/COLof 17 November 1999introducing guidelines on State aid elements in sales of land and buildings by public authorities and amending for the 20th time the Procedural and Substantive Rules in the field of State aidTHE EFTA SURVEILLANCE AUTHORITY,Having regard to the Agreement on the European Economic Area(1), in particular to Articles 61 to 63,Having regard to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice(2), in particular to Article 24 and Article 1 of Protocol 3 thereof,Whereas under Article 24 of the Surveillance and Court Agreement the EFTA Surveillance Authority shall give effect to the provisions concerning State aid;Whereas under Article 5(2)(b) of the Surveillance and Court Agreement the EFTA Surveillance Authority shall issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressly so provides or if the EFTA Surveillance Authority considers it necessary;Recalling the Procedural and Substantive Rules in the field of State aid(3) adopted on 19 January 1994 by the EFTA Surveillance Authority(4);Whereas the European Commission has adopted a communication on State aid elements in sales of land and buildings by public authorities(5);Whereas a uniform application of the EEA State aid rules is to be ensured throughout the European Economic Area;Whereas according to point II under the heading "GENERAL" at the end of Annex XV to the EEA Agreement, the EFTA Surveillance Authority is to adopt, after consultation with the European Commission, acts corresponding to those adopted by the Commission, in order to maintain equal conditions of competition;Having consulted the European Commission;Whereas the EFTA Surveillance Authority has, in a multilateral meeting on State aid, consulted the EFTA States on the introduction of the new guidelines,HAS ADOPTED THIS DECISION:1. The State Aid Guidelines shall be amended by introducing a new chapter, Chapter 18B, on State aid elements in sales of land and buildings by public Authorities, as contained in Annex I to this Decision.2. The EFTA States shall be informed by means of a letter, together with a copy of the Decision, including Annex I.3. The European Commission shall be informed, in accordance with point (d) of Protocol 27 to the EEA Agreement, by means of a copy of the Decision, including Annex I.4. The Decision, including Annex I, shall be published in the EEA Section of and the EEA Supplement to the Official Journal of the European Communities.5. The Decision shall be authentic in the English language.Done at Brussels, 17 November 1999.For the EFTA Surveillance AuthorityKnut AlmestadThe President(1) Hereinafter referred to as the EEA Agreement.(2) Hereinafter referred to as the Surveillance and Court Agreement.(3) Hereinafter referred to as the State Aid Guidelines.(4) Initially published in OJ L 231, 3.9.1994, and in the EEA Supplement thereto No 32 on 3.9.1994, last amendment (19th) adopted by Decision No 149/99/COL of 30.6.1999 (not yet published).(5) OJ C 209, 10.7.1997, p. 3.ANNEX I18B. STATE AID ELEMENTS IN SALES OF LAND AND BUILDINGS BY PUBLIC AUTHORITIES(1)18B.1. Introduction1. On several occasions the EFTA Surveillance Authority has been involved in investigations concerning sales of publicly owned land and buildings in order to establish whether there was an element of State aid in favour of the buyers. Like the European Commission has done already towards the EC Member States, the EFTA Surveillance Authority has now drawn up general guidance to the EFTA States in order to make its general approach with regard to the problem of State aid through sales of land and buildings by public authorities transparent.2. The following guidance to EFTA States:- describes a simple procedure that allows EFTA States to handle sales of land and buildings in a way that automatically precludes the existence of State aid,- specifies clearly cases of sales of land buildings that should be notified to the EFTA Surveillance Authority to allow for assessment of whether or not a certain transaction contains aid and, if so, whether or not the aid is compatible with the functioning of the EEA Agreement,- enables the EFTA Surveillance Authority to deal expeditiously with any complaints or submissions from third parties drawing its attention to cases of alleged aid connected to sales of land and buildings.3. The procedural precautions recommended to avoid State aid rules coming into play are formulated in a way that should normally allow EFTA States to comply with the guidance without changing their domestic procedures.4. The guidance concerns only sales of publicly owned land and buildings. It does not concern the public acquisition of land and buildings or the letting or leasing of land and buildings by public authorities. Such transactions may also include State aid elements.5. The guidance does not affect specific provisions or practices of EFTA States intended to promote the quality of and access to private housing.18B.2. Principles18B.2.1. Sale through an unconditional bidding procedure1. A sale of land and buildings following a sufficiently well-publicised, open and unconditional bidding procedure, comparable to an auction, accepting the best or only bid, is by definition at market value and consequently does not contain State aid. The fact that a different valuation of the land and buildings existed prior to the bidding procedure, e.g. for accounting purposes or to provide a proposed initial minimum bid, is irrelevant.(a) An offer is "sufficiently well-publicised" when it is repeatedly advertised over a reasonably long period (two months or more) in the national press, estate gazettes or other appropriate publications and through real estate agents addressing a broad range of potential buyers, so that it can come to the notice of all potential buyers.The intended sale of land and buildings, which in view of their high value of other features may attract investors operating on a Europe-wide or international scale, should be announced in publications which have a regular international circulation. Such offers should also be made known through agents addressing clients on a Europe-wide or international scale.(b) An offer is "unconditional" when any buyer, irrespective of whether or not he runs a business or of the nature of his business, is generally free to acquire the land and buildings and to use it for his own purposes. Restrictions may be imposed for the prevention of public nuisance, for reasons of environmental protection or to avoid purely speculative bids. Urban and regional planning restrictions imposed on the owner pursuant to domestic law on the use of the land and buildings do not affect the unconditional nature of an offer.(c) If it is a condition of the sale that the future owner is to assume special obligations - other than those arising form general domestic law or decision of the planning authorities or those relating to the general protection and conservation of the environment and to public health - for the benefit to the public authorities or in the general public interest, the offer is to be regarded as "unconditional" within the meaning of the above definition only if all potential buyers would have to, and be able to, meet that obligation, irrespective of whether or not they run a business or of the nature of their business.18B.2.2. Sale without an unconditional bidding procedure(a) Independent expert evaluationIf public authorities intend not to use the procedure described under 18B.2.1., an independent evaluation should be carried out by one or more independent asset valuers prior to the sale negotiations in order to establish the market value on the basis of generally accepted market indicators and valuation standards. The market price thus established, is the minimum purchase price that can be agreed without granting State aid.An "asset valuer" is a person of good repute who:- has obtained an appropriate degree at a recognised centre of learning or an equivalent academic qualification,- has suitable experience and is competent in valuing land and buildings in the location and of the category of the asset.If in any EFTA State there are not appropriate established academic qualifications, the asset valuer should be a member of a recognised professional body concerned with the valuation of land and buildings and either:- be appointed by the courts or an authority of equivalent status,- have as a minimum a recognised certificate of secondary education and sufficient level of training with at least three years post-qualification practical experience in, and with knowledge of, valuing land and buildings in that particular locality.The valuer should be independent in the carrying out of this tasks, i.e. public authorities should not be entitled to issue orders as regard the result of the valuation. State valuation offices and public officers or employees are to be regarded as independent provided that undue influence on their findings is effectively excluded."Market value" means the price at which land and buildings could be sold under private contract between a willing seller and an arm's length buyer on the date of valuation, it being assumed that the property is publicly exposed the to market, that market conditions permit orderly disposal and that a normal period, having regard to the nature of the property, is available for the negotiation of the sale(2).(b) MarginIf, after a reasonable effort to sell the land and buildings at the market value, it is clear that the value set by the valuer cannot be obtained, a divergence of up to 5 % from that value can be deemed to be in line with market conditions. If, after a further reasonable time, it is clear that the land and buildings cannot be sold at the value set by the valuer less this 5 % margin, a new valuation may be carried out, which is to take account of the experience gained and of the offers received.(c) Special obligationsSpecial obligations that relate to the land and buildings and not to the purchaser or his economic activities may be attached to the sale in the public interest provided that every potential buyer is required, and in principle is able, to fulfil them, irrespective of whether or not he runs a business or of the nature of his business. The economic disadvantage of such obligations should be evaluated separately by independent valuers and may be set off against the purchase price. Obligations whose fulfilment would at least partly be in the buyer's own interest should be evaluated with that fact in mind: there may, for example, be an advantage in terms of advertising, sport or arts sponsorship, image, improvement of the buyer's own environment, or recreational facilities for the buyer's own staff.The economic burden related to obligations incumbent on all landowners under the ordinary law are not to be discounted from the purchase price (these would include, for example, care and maintenance of the land and buildings as part of the ordinary social obligations of property ownership or the payment of taxes and similar charges).(d) Cost to the authoritiesThe primary cost to the public authorities of acquiring land and buildings is an indicator for the market value unless a significant period of time elapsed between the purchase and the sale of the land and buildings. In principle, therefore, the market value should not be set below primary costs during a period of at least three years after acquisition unless the independent valuer specifically identifies a general decline in market prices for land and buildings in the relevant market.18B.2.3. NotificationEFTA States should consequently notify to the EFTA Surveillance Authority, without prejudice to the de minimis rule(3), the following transactions to allow it to establish whether State aid exists and, if so, to assess its compatibility with the functioning of the EEA Agreement:(a) any sale that was not concluded on the basis of an open and unconditional bidding procedure, accepting the best or only bid; and(b) any sale that was, in the absence of such procedure, conducted at less than market value as established by independent valuers.18B.2.4. ComplaintsWhen the EFTA Surveillance Authority receives a complaint or other submissions from third parties alleging that there was a State aid element in an agreement for the sale of land and buildings by public authorities, it will assume that no State aid is involved if the information supplied by the EFTA State concerned shows that the above principles were observed.(1) This Chapter corresponds to Community guidance (OJ C 209, 10.7.1997, p. 3).(2) Article 49(2) of Council Directive 91/674/EEC (OJ L 374, 31.12.1991, p. 7), cf. point 12(b) of Annex IX to the EEA Agreement.(3) See EFTA Surveillance Authority's Procedural and Substantive Rules in the field of State aid, Chapter 12 corresponding to the Commission notice on the de minimis rules published in OJ C 68, 6.3.1996, p. 9.


title: Addendum to Council Decision 2007/543/EC of 23 July 2007 concerning the accession of Bulgaria and Romania to the Convention on the establishment of a European Police Office (Europol Convention) ( OJ L 200, 1.8.2007 )

text:
               30.10.2007

               EN

               Official Journal of the European Union

               L 284/26

      ADDENDUM

   to Council Decision 2007/543/EC of 23 July 2007 concerning the accession of Bulgaria and Romania to the Convention on the establishment of a European Police Office (Europol Convention)
   (Official Journal of the European Union L 200 of 1 August 2007)
   The Bulgarian and Romanian language versions of the following Convention and Protocols shall be published in a special edition of the Official Journal at a later date.
   The Europol Convention and the Protocols of

               —

               24 July 1996,

               —

               19 June 1997,

               —

               30 November 2000,

               —

               28 November 2002,

               —

               27 November 2003.


Avis juridique important

|

52001XG0412(02)

Council Decision of 15 March 2001 adjusting the basic salaries and allowances applicable to Europol staff

Official Journal C 112 , 12/04/2001 P. 0007 - 0008

Council Decisionof 15 March 2001adjusting the basic salaries and allowances applicable to Europol staff(2001/C 112/02)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Council Act of 3 December 1998 laying down the Staff Regulations applicable to Europol employees(1), (hereinafter referred to as "Staff Regulations"), and in particular Article 44 thereof,Having regard to the initiative of the Kingdom of Sweden(2),Having regard to the opinion of the European Parliament,Having regard to the review of remuneration of officials of Europol by the Management Board of Europol,Whereas:(1) In the aforementioned review, the Management Board took account of the changes in the cost of living in The Hague, as well as of the changes in salaries in the public service in the Member States and the needs of recruitment for Europol.(2) The said review justifies an increase of 3,7 % of remuneration for the period between 1 July 1999 and 1 July 2000.(3) It is for the Council, acting unanimously, to adjust the basic salaries and allowances of officials of Europol, on the basis of the review,HAS DECIDED AS FOLLOWS:Article 1The Staff Regulations are amended as follows:1. With effect from 1 July 1999:(a)>TABLE>(b) in Article 59(3), the amount "EUR 812,38" shall be replaced by "EUR 842,44";(c) in Article 59(3), the amount "EUR 1624,76" shall be replaced by "EUR 1684,88";(d) in Article 60(1), the amount "EUR 216,63" shall be replaced by "EUR 224,65";(e) in Article 2(1) of Appendix 5, the amount "EUR 226,48" shall be replaced by "EUR 234,86";(f) in Article 3(1) of Appendix 5, the amount "EUR 9847,03" shall be replaced by "EUR 10211,37";(g) in Article 3(1) of Appendix 5, the amount "EUR 2215,58" shall be replaced by "EUR 2297,56";(h) in Article 3(2) of Appendix 5, the amount "EUR 13293,49" shall be replaced by "EUR 13785,35";(i) in Article 4(1) of Appendix 5, the amount "EUR 984,70" shall be replaced by "EUR 1021,13";(j) in Article 4(1) of Appendix 5, the amount "EUR 738,53" shall be replaced by "EUR 765,86";(k) in Article 4(1) of Appendix 5, the amount "EUR 492,35" shall be replaced by "EUR 510,57";(l) in Article 4(1) of Appendix 5, the amount "EUR 393,88" shall be replaced by "EUR 408,45".2. With effect from the date on which this Decision takes effect:- in Article 7(3) of Appendix 5, the amount "EUR 0,20" shall be replaced by "EUR 0,21".Article 2This Decision shall be published in the Official Journal of the European Communities.Article 3This Decision shall take effect on the day following its adoption.Done at Brussels, 15 March 2001.For the CouncilThe PresidentM.-I. Klingvall(1) OJ C 26, 30.1.1999, p. 23.(2) OJ C 18, 19.1.2001, p. 7.


title: Rules concerning the ban on smoking on European Parliament's premises — Bureau decision of 23 March 2011

text:
               2.4.2011

               EN

               Official Journal of the European Union

               C 102/8

         RULES CONCERNING THE BAN ON SMOKING ON EUROPEAN PARLIAMENT'S PREMISES
   Bureau decision of 23 March 2011
   2011/C 102/04
   THE BUREAU,
   Having regard to Rule 23(2) of Parliament's Rules of Procedure,
   Having regard to the opinion of the Advisory Committee on Prevention and Protection at Work delivered on 11 February 2011,
   Whereas:

               (1)

               In its resolutions of 24 October 2007 on the Green Paper ‘Towards a Europe free from tobacco smoke: policy options at EU level’ (1) and of 26 November 2009 on smoke-free environments (2), the European Parliament calls on the Bureau, in the light of its duty to set an example, to adopt a rigorously enforceable smoking ban with no exemptions in all parts of the European Parliament with immediate effect.

               (2)

               On the basis of Council Decision 2004/513/EC, the European Union has ratified the WHO Framework Convention on Tobacco Control which contains in its Article 8(1) the recognition by the contracting parties of the existence of scientific evidence establishing that exposure to tobacco smoke causes death, disease and disability, and which sets out the obligation of the contracting parties, under its Article 8(2), to adopt effective legislative, executive, administrative and/or other measures, providing for protection from exposure to tobacco smoke in indoor workplaces.

               (3)

               Council Directive 89/391/EEC provides in its Article 5 that the employer shall have a duty to ensure the safety and health of workers in every aspect related to the work.

               (4)

               As there is scientific proof that passive smoking is a serious threat to health, the European Parliament has a duty to protect its Members, staff and other users of its premises from the preventable health risks and disagreeable sensations caused by passive smoking.

               (5)

               As an employer, the European Parliament has a legal obligation to protect its staff against health risks at the workplace.

               (6)

               As an institution, the European Parliament has to take all necessary measures with a view to protecting itself against potential claims for damages.

               (7)

               In view of the health risks associated with passive and active smoking, it is desirable for the European Parliament to provide information to its Members, assistants and staff in order to improve the understanding of the risks of passive and active smoking as well as to provide programmes offering support to those who wish to stop smoking.

               (8)

               For this reason, the European Parliament supports the objective of achieving a completely smoke-free environment in its premises with the exclusive exception of specially designated areas within its buildings.

               (9)

               It is necessary to ensure the effective enforcement of the ban on smoking pursuant to these Rules. This prohibition shall therefore be complemented by appropriate procedures by means of which it will be possible to ensure that, where appropriate, effective, proportionate and dissuasive sanctions are imposed,

         HAS DECIDED:
   Article 1
   1.   Smoking is forbidden within all premises of the European Parliament, including its information offices in Member States and the liaison office in Washington, with the only exception of specially designated areas listed in the Annex.
   The Quaestors may decide about any subsequent modification of the Annex.
   2.   Smoking is also forbidden in official cars and all other means of transport provided by the Institution.
   Article 2
   1.   These rules shall be notified to Members, their assistants and staff.
   2.   Clear indications as to the ban on smoking under Article 1 shall be posted at the entrances and throughout the public areas of the European Parliament's premises, with the exception of the specially designated areas listed in the Annex. The exact location of the smoking areas shall be clearly indicated so that Members, their assistants and staff are informed of the areas where smoking is authorised. No ashtrays shall be put at the disposal of the public within Parliament's premises, with the exception of the specially designated areas and the areas near to the entrances of Parliament's premises.
   3.   Leaders of the political groups shall recall the need for respect of these rules to Members and staff of their respective groups.
   Article 3
   The Directorate-General for Personnel, in cooperation with the Advisory Committee on Prevention and Protection at Work, shall draw up a policy for the prevention of the risks of active and passive smoking by means of the implementation of an integrated package of measures to provide information to Members of Parliament, assistants and staff to improve understanding of the risks of passive and active smoking and offer programmes designed to help those who wish to stop smoking.
   Article 4
   Any person failing to comply with these rules shall be requested in situ to stop smoking (oral reminder). The Secretary-General shall be responsible for ensuring compliance with this rule.
   Article 5
   1.   Any Member who persists in failing to comply with these rules, even after the oral reminder pursuant to Article 4, shall be subject, under the authority of the Quaestors and the President, to the sanctions’ regime provided for in Article 6.
   2.   Any official, other staff member or accredited assistant who persists in failing to comply with these rules, even after the oral reminder pursuant to Article 4, shall be subject, under the authority of the Secretary-General, to the sanctions’ regime provided for in Article 7.
   3.   Any local assistant, visitor or other person having entered Parliament’s premises (e.g. personnel of service providers and external firms) who persists in failing to comply with these rules, even after the oral reminder pursuant to Article 4, shall be subject, under the authority of the Secretary-General, to the sanctions’ regime provided for in Article 8.
   Article 6
   1.   The Secretary-General shall report the name of any Member refusing to comply with these rules to the Quaestors. Subsequently, the Quaestors shall address a formal communication (written reminder — ‘yellow card’) to the Member informing him that financial sanctions will apply in case of reiterated breach of these rules.
   2.   In case of reiterated breach of these rules by a Member, the President, upon a proposal submitted by the Quaestors, shall adopt a decision imposing financial sanctions upon the Member concerned (‘red card’). The amount of the sanction shall be equivalent to the amount of one day's subsistence allowance. This amount shall be directly deducted from the Member's general expenditure allowance.
   3.   The Member being subject to a sanction may submit a written complaint within 15 working days from notification to the President. Such an appeal shall have suspensory effect. The Bureau shall notify the complainant of its reasoned decision within two months from the date on which the complaint was lodged.
   Article 7
   1.   In case of reiterated breach of these rules by an official, other staff member or accredited assistant, the Secretary-General shall address a formal communication (written reminder — ‘yellow card’) to the person concerned informing him that disciplinary sanctions will apply.
   2.   In case of continued breach of these rules, the official, other staff member or accredited assistant concerned shall be subject to disciplinary proceedings under the Staff Regulations.
   3.   Any person being subject to a sanction under this Article may submit an appeal to the appointing authority under Article 90 of the Staff Regulations of Officials and Conditions of Employment of other Servants of the European Community which fully apply.
   Article 8
   In case of reiterated breach of these rules by any local assistant, visitor or other person having entered Parliament's premises, the person concerned will be in situ escorted to the exits of the premises.
   Article 9
   These rules shall replace the Bureau decision of 13 July 2004 laying down rules on European Parliament's premises. They shall enter into force on the day after their publication in the Official Journal.
   Article 10
   These rules shall be evaluated two years after their entry into force.

      (1)  P6_TA(2007) 0471.

      (2)  P7_TA(2009) 0100.

      ANNEX
      List of specially designated smoking areas:

                     Brussels

                                          1.

                                          ASP 00G110 ES

                              Members’ Bar (2 smoking booths)

                                          2.

                                          PHS 03C011 ES

                              room next to the Chamber Bar

                     Luxembourg

                                          1.

                                          KAD 00C720b RE

                                          2.

                                          GOL 00A700b RE

                                          3.

                                          SCH 01A701 RE

                                          4.

                                          TOA 00A891 CI

                              relaxation area (1 smoking booth)

                                          5.

                                          TOB 00B834 ES

                                          6.

                                          PRE 00A720 ES

                              1 smoking booth

                     Strasbourg

                                          1.

                                          WIC M-1721 RE

                              Swan Bar

                                          2.

                                          LOW C01101

                              Members’ Bar (1 smoking booth)


title: 2010/778/EU: Commission Decision of 15 December 2010 amending Decision 2006/944/EC determining the respective emission levels allocated to the Community and each of its Member States under the Kyoto Protocol pursuant to Council Decision 2002/358/EC (notified under document C(2010) 9009)

text:
               16.12.2010

               EN

               Official Journal of the European Union

               L 332/41

         COMMISSION DECISION
   of 15 December 2010
   amending Decision 2006/944/EC determining the respective emission levels allocated to the Community and each of its Member States under the Kyoto Protocol pursuant to Council Decision 2002/358/EC
   (notified under document C(2010) 9009)
   (2010/778/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Decision 2002/358/EC of 25 April 2002 concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder (1), and in particular Article 3 thereof,
   Whereas:

               (1)

               Commission Decision 2006/944/EC (2) determines emission levels for the Union and its Member States for the 5-year period of the first commitment period under the Kyoto Protocol.

               (2)

               The emission levels set out in Decision 2006/944/EC were based on provisional data, as the definitive base-year emission figures were not established by 31 December 2006.

               (3)

               Following the completion of the reviews conducted pursuant to Article 8 of the Kyoto Protocol to the United Nations Framework Convention on Climate Change, the final respective emission levels allocated to the Union and to each Member State should now be established pursuant to the methodology set out in Decision 2006/944/EC.

               (4)

               Denmark has consistently expressed concerns regarding its base-year emissions as a result of the exceptionally low base-year emissions provided in its report submitted pursuant to Article 23 of Commission Decision 2005/166/EC (3). In order to fully account for Denmark’s special and unique situation, which was recognised by the Council in 2002 in the process leading to the adoption of Decision 2002/358/EC, resulting from its unusually low base-year emissions and its having one of the highest quantified emission reduction obligations pursuant to Annex II to that Decision, the Union should transfer five million assigned amount units to Denmark for the sole purpose of compliance with the commitments in the first commitment period under the Kyoto Protocol to the United Nations Framework Convention on Climate Change. The Commission has taken due consideration of Denmark’s commitment to cancel any allowances remaining from this transfer at the end of the first commitment period.

               (5)

               Decision 2006/944/EC should therefore be amended accordingly.

               (6)

               The measures provided for in this Decision are in accordance with the opinion of the Climate Change Committee,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2006/944/EC is amended as follows:

               1.

               Article 2 is replaced by the following:
               ‘Article 2
               The difference of 19 357 532 tonnes of carbon dioxide equivalent between the emission levels of the Union and the sum of the emission levels of the Member States listed in Annex II to Decision 2002/358/EC shall be issued as assigned amount units by the Union.’.

               2.

               The Annex is replaced by the Annex to this Decision.

         Article 2
   The Central Administrator of the Union registry shall transfer five million (5 000 000) of these assigned amount units to the Party to the Kyoto Protocol holding account in the registry of Denmark.
   Article 3
   This Decision is addressed to the Member States.

      Done at Brussels, 15 December 2010.

            For the Commission

         Connie HEDEGAARD

            Member of the Commission

      (1)  OJ L 130, 15.5.2002, p. 1.

      (2)  OJ L 358, 16.12.2006, p. 87.

      (3)  OJ L 55, 1.3.2005, p. 57.

      ANNEX

         Respective emission levels allocated to the Union and Member States in terms of tonnes of carbon dioxide equivalent for the first quantified emission limitation and reduction commitment period under the Kyoto Protocol

                  European Union (1)

                  19 621 381 509

                  Belgium

                  673 995 528

                  Denmark

                  273 827 177

                  Germany

                  4 868 096 694

                  Ireland

                  314 184 272

                  Greece

                  668 669 806

                  Spain

                  1 666 195 929

                  France

                  2 819 626 640

                  Italy

                  2 416 277 898

                  Luxembourg

                  47 402 996

                  Netherlands

                  1 001 262 141

                  Austria

                  343 866 009

                  Portugal

                  381 937 527

                  Finland

                  355 017 545

                  Sweden

                  375 188 561

                  United Kingdom

                  3 396 475 254

                  Bulgaria

                  610 045 827

                  Czech Republic

                  893 541 801

                  Estonia

                  196 062 637

                  Cyprus

                  Not applicable

                  Latvia

                  119 182 130

                  Lithuania

                  227 306 177

                  Hungary

                  542 366 600

                  Malta

                  Not applicable

                  Poland

                  2 648 181 038

                  Romania

                  1 279 835 099

                  Slovenia

                  93 628 593

                  Slovakia

                  331 433 516

         (1)  For the purpose of the joint fulfilment of the commitments pursuant to Article 3(1) of the Kyoto Protocol in accordance with the provisions of Article 4 thereof, pursuant to Decision 2002/358/EC and applying to the Member States listed in Annex II to that Decision.