title: 2009/203/EC: Decision of the European Parliament of 22 April 2008 on discharge in respect of the implementation of the budget of the Translation Centre for the bodies of the European Union for the financial year 2006

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/118

         DECISION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   on discharge in respect of the implementation of the budget of the Translation Centre for the bodies of the European Union for the financial year 2006
   (2009/203/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the Translation Centre for the bodies of the European Union for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the Translation Centre for the bodies of the European Union for the financial year 2006, together with the Centre's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 2965/94 of 28 November 1994 setting up a Translation Centre for bodies of the European Union (4), and in particular Article 14 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 (A6-0124/2008),

               1.

               Grants the Director of the Translation Centre for the bodies of the European Union discharge in respect of the implementation of the Centre's budget for the financial year 2006;

               2.

               Sets out its observations in the Resolution below;

               3.

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

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 261, 31.10.2007, p. 42.

      (2)  OJ C 309, 19.12.2007, p. 94.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 314, 7.12.1994, p. 1.

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

               31.3.2009

               EN

               Official Journal of the European Union

               L 88/119

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the Translation Centre for the bodies of the European Union for the financial year 2006
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the Translation Centre for the bodies of the European Union for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the Translation Centre for the bodies of the European Union for the financial year 2006, together with the Centre'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 the Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 2965/94 of 28 November 1994 setting up a Translation Centre for bodies of the European Union (4), and in particular Article 14 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 (A6-0124/2008),

               A.

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

               B.

               whereas on 24 April 2007 Parliament granted the Director of the Translation Centre for the bodies of the European Union discharge in respect of the implementation of the Centre's budget for the financial year 2005 (6), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           expressed concern that more than 50 % of the total commitments carried over from the financial year 2004 had been cancelled; insisted that the Centre had to improve its programming of administrative expenditure,

                           —

                           invited the Centre to seek clarification of the intellectual property rights linked to the IATE database,

                           —

                           expressed its hope that the conflict between the Centre and the Commission as to the employer's share of pension contributions for staff would be solved as quickly as possible;

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

               1.

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

               2.

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

               3.

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

               4.

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

         Fundamental considerations

               5.

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

               6.

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

               7.

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

               8.

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

               9.

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

               10.

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

               11.

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

               12.

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

         Presentation of reporting data

               13.

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

               14.

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

               15.

               Recalls paragraph 27 of its resolution of 12 April 2005 (7), inviting the directors of the agencies from now on to accompany their annual activity report, which is presented together with financial and management information, with a declaration of assurance concerning the legality and regularity of operations, similar to the declarations signed by the Directors-General of the Commission;

               16.

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

               17.

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

                           —

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

                           —

                           financial statements and a report on implementation of the budget,

                           —

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

                           —

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

         General findings by the Court of Auditors

               18.

               Notes the Court's finding (Annual Report, paragraph 10.29 (8)) that the disbursement of subsidies paid by the Commission from the Community budget is not based on sufficiently justified estimates of the agencies' cash requirements and that this, combined with the size of carry-overs, leads them to hold sizeable cash balances; notes further the Court's recommendation that the level of subsidies paid to the agencies should be in line with their real cash requirements;

               19.

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

               20.

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

         Internal audit

               21.

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

               22.

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

               23.

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

               24.

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

               25.

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

               26.

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

         Evaluation of agencies

               27.

               Recalls the joint statement by the Parliament, the Council and the Commission (9) negotiated at the conciliation before the Ecofin budget Council of 13 July 2007 calling for (i) a list of agencies which the Commission intends to assess; and (ii) a list of the agencies already assessed, together with a summary of the major findings;

         Disciplinary procedures

               28.

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

         Draft Interinstitutional Agreement

               29.

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

               30.

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

         Self-financed agencies

               31.

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

                           —

                           Office for Harmonization of the Internal Market cash and cash equivalents: EUR 281 million (10),

                           —

                           Community Plant Variety Office cash and cash equivalents: EUR 18 million (11);

         Specific points

               32.

               Notes the Court's observation in its 2006 report that the accumulated budget surplus for 2006 was EUR 16,9 million and that, in 2007, the Centre will refund EUR 9,3 million to its clients; agrees with the Court of Auditors that such an accumulation of surpluses suggests that the method for pricing its translations is not precise enough;

               33.

               Notes further the Court's finding that in a recruitment procedure for translators, the Centre failed to provide written evidence of the rules applied to the evaluation of the candidates' files;

               34.

               Notes from the final accounts that the Centre has made a provision for employers' pension contributions of EUR 2 021 126 and for untaken leave of EUR 197 000;

               35.

               Notes that the Centre's Management Board appointed a new Director, who took up her post on 1 May 2006;

               36.

               Expresses the hope that a solution will soon be found to the problem of the Centre's premises and to the question of the payment of employers' pension contributions;

               37.

               Welcomes the indication in the Centre's activity report that in 2006 it continued to implement the recommendations of the Commission's IAS concerning the finalisation and updating of job descriptions, making authorising officers aware of their responsibilities, longer deadlines for publication of vacancy notices, adequate monitoring of Centre's activities, risk assessment, a clear definition of the agency's status as a subsidised or self-financing body, and the provision of a handover procedure for all essential functions;

               38.

               Notes that the Centre recruited an internal auditor in February 2008.

      (1)  OJ C 261, 31.10.2007, p. 42.

      (2)  OJ C 309, 19.12.2007, p. 94.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 314, 7.12.1994, p. 1.

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

      (6)  OJ L 187, 15.7.2008, p. 122.

      (7)  Resolution of the European Parliament containing the comments accompanying the decision on the discharge to the Director of the Translation Centre for the bodies of the European Union in respect of the implementation of its budget for the financial year 2003 (OJ L 196, 27.7.2005, p. 101).

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

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

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

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


Avis juridique important

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31983D0066

83/66/EEC: Decision of the European Parliament of 14 January 1983 granting a discharge to the Commission of the European Communities in respect of the activities of the first, second and third European Development Funds in the 1980 financial year

Official Journal L 046 , 18/02/1983 P. 0025

*****DECISION  OF THE EUROPEAN PARLIAMENT  of 14 January 1983  granting a discharge to the Commission of the European Communities in respect of the activities of the first, second and third European Development Funds in the 1980 financial year  (83/66/EEC)  THE EUROPEAN PARLIAMENT,  - having regard to the report of the Court of Auditors for the 1980 financial year and the replies of the institutions to that report (1),  - having regard to the balance sheet and accounts of the European Development Fund for the 1980 financial year (COM(81) 672 final),  - having regard to the reports of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (Docs 1-100/82 and 1-760/82),  - whereas the Treaty of 22 July 1975 empowers Parliament to grant a discharge in respect of the European Communities' financial activities,  1. Grants a discharge to the Commission in respect of the financial management of the first, second and third European Development Funds in the 1980 financial year;  2. Notes with approval that this marks the final closure of the first European Development Fund, as was previously sought by Parliament;  3. Instructs its President to communicate this Decision to the Commission, to forward it to the other institutions and to arrange for its publication in the Official Journal of the European Communities (L series).  1.2 // The Secretary-General  // The President  // H.-J. OPITZ  // Pieter DANKERT  (1) OJ No C 344, 31. 12. 1981, p. 1.


title: 2007/390/EC: Commission Decision of 7 June 2007 on the financing of expenditure on IT support and communication measures in the field of animal health and animal welfare for 2007

text:
               8.6.2007

               EN

               Official Journal of the European Union

               L 146/21

      COMMISSION DECISION

   of 7 June 2007
   on the financing of expenditure on IT support and communication measures in the field of animal health and animal welfare for 2007
   (2007/390/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 90/424/EEC of 26 June 1990 on expenditure in the veterinary field (1), and in particular Articles 17, 37 and 37a thereof,
   Whereas:

               (1)

               The hosting, management and maintenance of TRACES, provided for in Commission Decision 2003/24/EC of 30 December 2002 (2) concerning the development of an integrated computerised veterinary system, fall within the Commission’s remit and therefore require financing by the Community. This financial participation is based on Article 37a of Council Decision 90/424/EEC.

               (2)

               The notification system introduced, under Council Directive 82/894/EEC of 21 December 1982 on the notification of animal diseases within the Community (3), by Commission Decision 2005/176/EC of 1 March 2005 laying down the codified form and the codes for the notification of animal diseases pursuant to Council Directive 82/894/EEC (4) must be updated by making essential improvements to the technology used. Financial participation by the Community is based on Article 37 of Council Decision 90/424/EEC.

               (3)

               Information policy on animal health and animal welfare requires information to be provided on technical and scientific developments in these areas. Financial participation by the Community is based on Article 17 of Council Decision 90/424/EEC.

               (4)

               This Decision constitutes a financing decision within the meaning of Article 75 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (5) and Article 90 of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (6).

               (5)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS DECIDED AS FOLLOWS:
   Article 1
   TRACES
   The hosting, management and maintenance of the TRACES system, provided for in Commission Decision 2003/24/EC, are authorised for the following amounts and objectives:

               —

               EUR 560 000 for hosting;

               —

               EUR 440 000 for acquiring the logistical support needed in order to provide assistance to users of the system;

               —

               EUR 200 000 for acquiring the maintenance support needed in order to adjust the system to legal and technical developments;

               —

               EUR 300 000 for the IT development needed.

         Article 2
   Animal disease notification system
   The updating of the notification system, referred to in Decision 2005/176/EC, is authorised for an amount of EUR 150 000.
   Article 3
   Provision of information in the fields of animal health and animal welfare
   The provision of information by the Commission to the competent authorities and members of the public concerning Community legislation on animal health and animal welfare is authorised for the following amounts and objectives:

               —

               EUR 240 000 for publications and the dissemination of information and the strategy on animal health;

               —

               EUR 130 000 for publications and the dissemination of information and the strategy on animal welfare.

         Article 4
   Contract award procedure
   Contractors will be selected on the basis of the existing framework contracts or on the basis of calls for tender launched in 2007.

      Done at Brussels, 7 June 2007.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 224, 18.8.1990, p. 19. Decision as last amended by Regulation (EC) No 1791/2006 (OJ L 363, 20.12.2006, p. 1).

      (2)  OJ L 8, 14.1.2003, p. 44.

      (3)  OJ L 378, 31.12.1982, p. 58. Directive as last amended by Commission Decision 2004/216/EC (OJ L 67, 5.3.2004, p. 27).

      (4)  OJ L 59, 5.3.2005, p. 40. Decision as amended by Decision 2006/924/EC (OJ L 354, 14.12.2006, p. 48).

      (5)  OJ L 248, 16.9.2002, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (6)  OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Commission Regulation (EC, Euratom) No 478/2007 (OJ L 111, 28.4.2007, p. 13).


Avis juridique important

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31981D1064

81/1064/EEC: Council Decision of 15 December 1981 on the conclusion of the Agreement in the form of an exchange of letters amending the Agreement establishing fishing arrangements between the European Economic Community and the Kingdom of Norway for 1981

Official Journal L 388 , 31/12/1981 P. 0044

+++++( 1 ) OJ NO C 287 , 9 . 11 . 1981 , P . 141 .  ( 2 ) OJ NO L 87 , 1 . 4 . 1981 , P . 18 .  ( 3 ) OJ NO L 226 , 29 . 8 . 1981 , P . 48 .  COUNCIL DECISION OF 15 DECEMBER 1981 ON THE CONCLUSION OF THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS AMENDING THE AGREEMENT ESTABLISHING FISHING ARRANGEMENTS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE KINGDOM OF NORWAY FOR 1981 ( 81/1064/EEC )$$  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 43 THEREOF ,  HAVING REGARD TO THE PROPOSAL FROM THE COMMISSION ,  HAVING REGARD TO THE OPINION OF THE EUROPEAN PARLIAMENT ( 1 ) ,  WHEREAS THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS ESTABLISHING FISHING ARRANGEMENTS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE KINGDOM OF NORWAY FOR 1981 ( 2 ) WAS SIGNED IN BRUSSELS ON 11 MAY 1981 ;  WHEREAS , IN JULY 1981 , THE INTERNATIONAL COUNCIL FOR THE EXPLORATION OF THE SEA ( ICES ) REVISED ITS RECOMMENDATIONS ON THE TOTAL ALLOWABLE CATCHES FOR CERTAIN FISH STOCKS IN THE NORTH SEA ;  WHEREAS THE COMMUNITY AND NORWAY HELD CONSULTATIONS ON THIS REVISION IN ACCORDANCE WITH THE PROCEDURE PROVIDED FOR BY ARTICLE 2 OF THE AGREEMENT ON FISHERIES BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE KINGDOM OF NORWAY ( 3 ) ;  WHEREAS AT THE CONCLUSION OF THESE CONSULTATIONS THE TWO DELEGATIONS INITIALLED AN AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS AMENDING THE AGREEMENT ESTABLISHING FISHING ARRANGEMENTS ;  WHEREAS IT IS IN THE COMMUNITY'S INTEREST TO APPROVE THAT AGREEMENT ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS AMENDING THE AGREEMENT ESTABLISHING FISHING ARRANGEMENTS BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE KINGDOM OF NORWAY FOR 1981 IS HEREBY APPROVED IN THE NAME OF THE COMMUNITY .  THE TEXT OF THE AGREEMENT IS ATTACHED TO THIS DECISION .  ARTICLE 2  THE PRESIDENT OF THE COUNCIL IS AUTHORIZED TO DESIGNATE THE PERSONS EMPOWERED TO SIGN THE EXCHANGE OF LETTERS BINDING THE COMMUNITY .  DONE AT BRUSSELS , 15 DECEMBER 1981 .  FOR THE COUNCIL  THE PRESIDENT  D . HOWELL


Avis juridique important

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31981D0261

81/261/EEC: Council Decision of 9 April 1981 giving a discharge to the Commission in respect of the implementation of the operations of the European Development Fund (1963), (Second EDF) for the financial year 1979

Official Journal L 122 , 06/05/1981 P. 0028

****( 1 ) OJ NO 93 , 11 . 6 . 1964 , P . 1431/64 .  ( 2 ) OJ NO 93 , 11 . 6 . 1964 , P . 1472/64 .  ( 3 ) OJ NO 93 , 11 . 6 . 1964 , P . 1493/64 .  ( 4 ) OJ NO 93 . 11 . 6 . 1964 , P . 1498/64 .  ( 5 ) OJ NO C 342 , 31 . 12 . 1980 , P . 1 .    COUNCIL DECISION   OF 9 APRIL 1981   GIVING A DISCHARGE TO THE COMMISSION IN RESPECT OF THE IMPLEMENTATION OF THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1963 ) ( SECOND EDF ) FOR THE FINANCIAL YEAR 1979  ( 81/261/EEC )   THE COUNCIL OF THE EUROPEAN   COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO THE CONVENTION OF ASSOCIATION BETWEEN THE EUROPEAN ECONOMIC COMMUNITY AND THE AFRICAN STATES AND MADAGASCAR ASSOCIATED WITH THE COMMUNITY ( 1 ), SIGNED AT YAOUNDE ON 20 JULY 1963 ,   HAVING REGARD TO COUNCIL DECISION 64/349/EEC OF 25 FEBRUARY 1964 RELATING TO THE ASSOCIATION OF THE OVERSEAS COUNTRIES AND TERRITORIES WITH THE EUROPEAN ECONOMIC COMMUNITY ( 2 ),   HAVING REGARD TO THE INTERNAL AGREEMENT ON THE FINANCING AND ADMINISTRATION OF COMMUNITY AID ( 3 ), SIGNED AT YAOUNDE ON 20 JULY 1963 , AND IN PARTICULAR ARTICLE 17 THEREOF ,   HAVING REGARD TO THE FINANCIAL REGULATION OF THE EUROPEAN DEVELOPMENT FUND SET UP UNDER THE INTERNAL AGREEMENT ON THE FINANCING AND ADMINISTRATION OF COMMUNITY AID ( 4 ), AND IN PARTICULAR ARTICLES 7 AND 8 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 30 MAY 1972 ON THE TRANSFER AND UTILIZATION OF THE UNEXPENDED BALANCES OF THE DEVELOPMENT FUND FOR THE OVERSEAS COUNTRES AND TERRITORIES SET UP BY THE IMPLEMENTING CONVENTION ANNEXED TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO THE REVENUE AND EXPENDITURE ACCOUNT AND THE BALANCE SHEET RELATING TO THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1963 ) ( SECOND EDF ) AS AT 31 DECEMBER 1979 ,   HAVING REGARD TO THE REPORT OF THE COURT OF AUDITORS FOR THE FINANCIAL YEAR 1979 , TOGETHER WITH THE COMMISSION ' S REPLIES ( 5 ),   RECALLING THAT , IN ACCORDANCE WITH THE PROVISIONS APPLICABLE TO THE IMPLEMENTATION OF THE EUROPEAN DEVELOPMENT FUND ( 1963 ) ( SECOND EDF ), ONLY THE COUNCIL , ACTING BY A QUALIFIED MAJORITY , SHALL GIVE A DISCHARGE TO THE COMMISSION IN RESPECT OF THE FINANCIAL ADMINISTRATION OF THE FUND ;   WHEREAS REVENUE FOR THE FINANCIAL YEAR 1979 CONSISTED MAINLY OF THE CONTRIBUTIONS OF THE MEMBER STATES , AMOUNTING TO 730 000 000.00 EUROPEAN UNITS OF ACCOUNT , AND OF MISCELLANEOUS REVENUE OF THE FUND ;   WHEREAS , PURSUANT TO THE ABOVEMENTIONED COUNCIL DECISION OF 30 MAY 1972 , AN AMOUNT OF 11 150 825.84 EUROPEAN UNITS OF ACCOUNT WAS TRANSFERRED AS THE UNEXPENDED BALANCE FROM THE FIRST FUND TO THE SECOND EDF ;   WHEREAS AN ADVANCE OF 3 641 286.79 EUROPEAN UNITS OF ACCOUNT WAS PAID TO THE EUROPEAN DEVELOPMENT FUND ( 1975 )  ( FOURTH EDF );   WHEREAS THE OVERALL IMPLEMENTATION BY THE COMMISSION OF THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1963 ) ( SECOND EDF ) DURING THE FINANCIAL YEAR 1979 WAS SUCH AS TO WARRANT ITS BEING GIVEN A DISCHARGE IN RESPECT OF THE IMPLEMENTATION OF THESE OPERATIONS ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE COUNCIL SHALL CLOSE THE REVENUE AND EXPENDITURE ACCOUNTS OF THE EUROPEAN DEVELOPMENT FUND ( 1963 ) ( SECOND EDF ) AS AT 31 DECEMBER 1979 AS FOLLOWS :   -  REVENUE : AT THE SUM OF 741 235 979.88 EUROPEAN UNITS OF ACCOUNT ,   -  EXPENDITURE ( PAYMENTS ): AT THE SUM OF 726 443 867.25 EUROPEAN UNITS OF ACCOUNT .   ARTICLE 2   THE COUNCIL HEREBY GIVES A DISCHARGE TO THE COMMISSION IN RESPECT OF THE IMPLEMENTATION OF THE OPERATIONS OF THE EUROPEAN DEVELOPMENT FUND ( 1963 ) ( SECOND EDF ) FOR THE FINANCIAL YEAR 1979 .   DONE AT LUXEMBOURG , 9 APRIL 1981 .   FOR THE COUNCIL   THE PRESIDENT   D . F . VAN DER MEI


title: Political and Security Committee Decision (CFSP) 2017/112 of 10 January 2017 appointing the EU Mission Commander for the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) (EUTM RCA/1/2017)

text:
               24.1.2017

               EN

               Official Journal of the European Union

               L 18/47

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2017/112
   of 10 January 2017
   appointing the EU Mission Commander for the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) (EUTM RCA/1/2017)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38 thereof,
   Having regard to Council Decision (CFSP) 2016/610 of 19 April 2016 on a European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) (1), and in particular Article 5 thereof,
   Whereas:

               (1)

               Decision (CFSP) 2016/610 appointed Brigadier General Eric HAUTECLOQUE-RAYSZ as EU Mission Commander of EUTM RCA.

               (2)

               Pursuant to Article 5(1) of Decision (CFSP) 2016/610, the Council authorised the Political and Security Committee (PSC), in accordance with Article 38 of the Treaty on European Union, to take the relevant decisions on the appointment of subsequent EU Mission Commanders.

               (3)

               On 16 November 2016, the EU Military Committee recommended to approve the nomination of Brigadier General Herman RUYS, proposed by Eurocorps Common Committee, as the new EU Mission Commander for EUTM RCA to succeed Brigadier General Eric HAUTECLOQUE-RAYSZ as from 16 January 2017.

               (4)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,

         HAS ADOPTED THIS DECISION:
   Article 1
   Brigadier General Herman RUYS is hereby appointed EU Mission Commander for the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) from 16 January 2017.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 10 January 2017.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 104, 20.4.2016, p. 21.


title: 2004/526/EC:Decision of the European Central Bank of 17 June 2004 adopting the Rules of Procedure of the General Council of the European Central Bank (ECB/2004/12)

text:
               30.6.2004

               EN

               Official Journal of the European Union

               L 230/61

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 17 June 2004
   adopting the Rules of Procedure of the General Council of the European Central Bank
   (ECB/2004/12)
   (2004/526/EC)
   THE GENERAL COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular to Article 46(4) thereof,
   HAS DECIDED AS FOLLOWS:
   Sole Article
   The Rules of Procedure of the General Council of the European Central Bank of 1 September 1998 shall be replaced by the following, which shall enter into force on 1 July 2004.

      ‘Rules of procedure of the General Council of the European Central Bank
      PRELIMINARY CHAPTER
      Article 1
      Definitions
      These Rules of Procedure shall supplement the Treaty establishing the European Community and the Statute of the European System of Central Banks and of the European Central Bank. The terms in these Rules of Procedure shall have the same meaning as in the Treaty and the Statute.
      CHAPTER I
      The General Council
      Article 2
      Date and place of General Council meetings
      1.   The General Council shall decide on the dates of its meetings on a proposal from the President.
      2.   The President shall convene a meeting of the General Council if a request for a meeting is submitted by at least three members of the General Council.
      3.   The President may also convene meetings of the General Council whenever he/she deems it necessary.
      4.   The General Council shall normally hold its meetings on the premises of the European Central Bank (ECB).
      5.   Meetings may also be held by means of teleconferencing unless at least three Governors object.
      Article 3
      Attendance at General Council meetings
      1.   Except as provided herein, attendance at meetings of the General Council shall be restricted to its members, the other members of the Executive Board, the President of the Council of the European Union and a member of the Commission of the European Communities.
      2.   Each Governor may normally be accompanied by one person.
      3.   If a member of the General Council is unable to attend a meeting, he/she may appoint, in writing, an alternate to attend the meeting and vote on his/her behalf. This written communication shall be sent to the President in due time before the meeting. Such an alternate may normally be accompanied by one person.
      4.   The President shall appoint a member of staff of the ECB as Secretary. The Secretary shall assist the President in preparing the meetings of the General Council and shall draft the minutes thereof.
      5.   The General Council may also invite other persons to attend its meetings, if it deems it appropriate to do so.
      Article 4
      Voting
      1.   In order for the General Council to vote, there shall be a quorum of two-thirds of the members or their alternates. If the quorum is not met, the President may convene an extraordinary meeting at which decisions may be taken without regard to the quorum.
      2.   Unless stated otherwise in the Statute, decisions shall be taken by simple majority.
      3.   The General Council shall proceed to vote at the request of the President. The President shall also initiate a voting procedure upon request from any member of the General Council.
      4.   Decisions may also be taken by written procedure, unless at least three members of the General Council object. A written procedure shall require:

                  (i)

                  normally not less than 10 working days for consideration by every member of the General Council. In a case of urgency to be justified in the request, the period may be reduced to five working days; and

                  (ii)

                  the personal signature of each member of the General Council; and

                  (iii)

                  a record of any such decision in the minutes of the subsequent meeting of the General Council.

            Article 5
      Organisation of General Council meetings
      1.   The General Council shall adopt the agenda for each meeting. A provisional agenda shall be drawn up by the President and shall be sent, together with the related documents to the members of the General Council and other authorised participants at least eight days before the meeting, except in emergencies, in which case the President shall act appropriately having regard to the circumstances. The General Council may decide to remove items from or add items to the provisional agenda on a proposal from the President or from any other member of the General Council. An item shall be removed from the agenda at the request of at least three of the members of the General Council if the related documents were not submitted to the members of the General Council in due time.
      2.   The minutes of the proceedings of the General Council shall be submitted to its members for approval at the subsequent meeting (or where necessary earlier by written procedure) and shall be signed by the President.
      CHAPTER II
      Involvement of the General Council in the tasks of the European System of Central Banks
      Article 6
      Relationship between the General Council and the Governing Council
      1.   Without prejudice to the General Council’s other responsibilities, including those under Article 44 of the Statute, the General Council shall contribute, in particular, to the tasks listed in Article 6(2) to (8).
      2.   The General Council shall contribute to the ECB’s advisory tasks under Article 4 and Article 25(1) of the Statute.
      3.   The contribution of the General Council to the ECB’s statistical tasks shall consist in:

                  —

                  strengthening the cooperation between all the national central banks of the European Union with a view to supporting the ECB’s tasks in the field of statistics,

                  —

                  contributing to the harmonisation, where necessary, of the rules and practices governing the collection, compilation and distribution of statistics by all the national central banks of the European Union, and

                  —

                  providing the Governing Council with observations on draft recommendations in the statistical field, under Article 42 of the Statute, prior to their adoption.

            4.   The General Council shall contribute to fulfilling the ECB’s reporting commitments under Article 15 of the Statute by providing the Governing Council with observations on the annual report prior to its adoption.
      5.   The General Council shall contribute to the standardisation of accounting rules and reporting of operations under Article 26(4) of the Statute by providing the Governing Council with observations on the draft rules prior to their adoption.
      6.   The General Council shall contribute to the adoption of other measures in the context of Article 29(4) of the Statute by providing the Governing Council with observations on such draft measures prior to their adoption.
      7.   The General Council shall contribute to the Conditions of Employment for the staff of the European Central Bank by providing the Governing Council with observations on the draft prior to its adoption.
      8.   The General Council shall contribute to the preparations for the irrevocable fixing of exchange rates under Article 47(3) of the Statute by providing the Governing Council with observations on:

                  —

                  draft ECB opinions under Article 123(5) of the Treaty, and

                  —

                  on any other draft ECB opinions concerning Community legal acts to be adopted when a derogation is abrogated, and

                  —

                  on decisions under paragraph 10 of the Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland.

            9.   Whenever the General Council is requested to contribute to the tasks of the ECB under the above paragraphs, it shall be given a reasonable period of time within which to do so, which may not be less than 10 working days. In a case of urgency to be justified in the request, the period may be reduced to five working days. The President may decide to use the written procedure.
      10.   The President shall inform the General Council, in accordance with Article 47(4) of the Statute, of decisions adopted by the Governing Council.
      Article 7
      Relationship between the General Council and the Executive Board
      1.   The General Council of the ECB shall be given the opportunity to submit observations before the Executive Board:

                  —

                  implements legal acts of the Governing Council for which, in accordance with Article 12.1 of the Rules of Procedure of the European Central Bank, the contribution of the General Council is required,

                  —

                  adopts, by virtue of powers delegated by the Governing Council in accordance with Article 12.1 of the Statute, legal acts for which, in accordance with Article 12.1 of the Rules of Procedure of the European Central Bank, the contribution of the General Council is required.

            2.   Whenever the General Council is requested to submit observations under the first paragraph of this Article, it shall be given a reasonable period of time within which to do so, which may not be less than ten working days. In a case of urgency to be justified in the request, the period may be reduced to five working days. The President may decide to use written procedure.
      Article 8
      European System of Central Banks Committees
      1.   Within its field of competence the General Council may request studies of specific topics by committees established by the Governing Council under Article 9 of the Rules of Procedure of the European Central Bank.
      2.   The national central bank of each non-participating Member State may appoint up to two staff members to take part in the meetings of a committee whenever it deals with matters falling within the field of competence of the General Council and whenever the chairperson of a committee and the Executive Board deem this appropriate.
      CHAPTER III
      Specific procedural provisions
      Article 9
      Legal instruments
      1.   ECB Decisions under Article 46(4) and Article 48 of the Statute and under these Rules of Procedure, as well as ECB Recommendations and ECB Opinions adopted by the General Council under Article 44 of the Statute, shall be signed by the President.
      2.   All ECB legal instruments are numbered, notified and published in accordance with Article 17(7) of the Rules of Procedure of the European Central Bank.
      Article 10
      Confidentiality of and access to the ECB’s documents
      1.   The proceedings of the General Council, and of any committee or group dealing with matters falling within its competence, shall be confidential unless the General Council authorises the President to make the outcome of their deliberations public.
      2.   Public access to documents drawn up by the General Council, and by any committee or group dealing with matters falling within its competence, shall be governed by a Governing Council decision adopted under Article 23(2) of the Rules of Procedure of the European Central Bank.
      3.   Documents drawn up by the General Council, and by any committee or group dealing with matters falling within its competence, shall be classified and handled in accordance with the rules laid down in the Administrative Circular adopted under Article 23(3) of the Rules of Procedure of the European Central Bank. They shall be freely accessible after a period of 30 years unless decided otherwise by the decision-making bodies.
      Article 11
      End of applicability
      When, in accordance with Article 122(2) of the Treaty, all derogations are abrogated by the Council of the European Union and when the decisions provided for in the Protocol on certain provisions relating to the United Kingdom of Great Britain and Northern Ireland are taken, the General Council shall be dissolved and these Rules of Procedure shall no longer apply.’

      Done at Frankfurt am Main, 17 June 2004.

            The President of the ECB

         Jean-Claude TRICHET