title: Council Decision of 22 November 2010 appointing the members and alternate members of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions

text:
               27.11.2010

               EN

               Official Journal of the European Union

               C 322/8

         COUNCIL DECISION
   of 22 November 2010
   appointing the members and alternate members of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions
   2010/C 322/03
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (1), and in particular Article 6 thereof,
   Having regard to the lists of candidates submitted to the Council by the Governments of the Member States and by the employees' and the employers' organisations,
   Whereas:

               (1)

               By its Decision of 19 November 2007 (2), the Council appointed the members and alternate members of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for the period from 1 December 2007 to 30 November 2010.

               (2)

               The members and alternate members of the Governing Board, representing the Governments of the Member States and employees' and employers' organisations, should be appointed for a period of three years.

               (3)

               It is for the Commission to appoint its own representatives on the Governing Board,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed members and alternate members of the Governing Board of the European Foundation for the Improvement of Living and Working Conditions for the period from 1 December 2010 to 30 November 2013:
   I.   GOVERNMENT REPRESENTATIVES

               Country

               Members

               Alternates

               Belgium

               Mr Michel DE GOLS

               Mr Jan BATEN

               Bulgaria

               Mr Dragomir DRAGANOV

               Ms Teodora DEMIREVA

               Czech Republic

               Mr Vlastimil VÁŇA

               Ms Martina KAJÁNKOVÁ

               Denmark

               Ms Lone HENRIKSEN

               Ms Lisbet MØLLER NIELSEN

               Germany

               Mr Andreas HORST

               Mr Sebastian JOBELIUS

               Estonia

               Mr Märt MASSO

               Ms Ester RÜNKLA

               Ireland

               Mr Paul CULLEN

               Greece

               Ms Stamatia PISSIMISSI

               Mr Ioannis KONSTANTAKOPOULOS

               Spain

               Ms María de MINGO CORRAL

               Mr José ZAPATERO RANZ

               France

               Ms Valérie DELAHAYE-GUILLOCHEAU

               Ms Marie-Soline CHOMEL

               Italy

               Cyprus

               Mr Orestis MESSIOS

               Ms Yiota KAMBOURIDOU

               Latvia

               Ms Ineta TĀRE

               Ms Ineta VJAKSE

               Lithuania

               Ms Rita SKREBIŠKIENĖ

               Mr Evaldas BACEVIČIUS

               Luxembourg

               Hungary

               Malta

               Netherlands

               Mr Lauris BEETS

               Mr Martin BLOMSMA

               Austria

               Mr Andreas SCHALLER

               Ms Petra HRIBERNIG

               Poland

               Mr Jerzy CIECHAŃSKI

               Ms Joanna MACIEJEWSKA

               Portugal

               Mr José Luís FORTE

               Mr Fernando RIBEIRO LOPES

               Romania

               Mr Sorin Ioan BOTEZATU

               Ms Liana Ramona MOSTENESCU

               Slovenia

               Ms Vladka KOMEL

               Ms Metka ŠTOKA-DEBEVEC

               Slovakia

               Finland

               Ms Pirjo HARJUNEN

               Mr Antti NÄRHINEN

               Sweden

               Mr Per NYSTRÖM

               Ms Åsa FORSSELL

               United Kingdom

   II.   REPRESENTATIVES OF EMPLOYEES' ORGANISATIONS

               Country

               Members

               Alternates

               Belgium

               Mr Herman FONCK

               Mr François PHILIPS

               Bulgaria

               Ms Keti KOYNAKOVA

               Mr Ivan KOKALOV

               Czech Republic

               Ms Hana MÁLKOVÁ

               Mr Tomáš PAVELKA

               Denmark

               Mr Ole PRASZ

               Germany

               Mr Dieter POUGIN

               Ms Friederike POSSELT

               Estonia

               Mr Kalle KALDA

               Ms Kadi ALATALU

               Ireland

               Ms Sally Anne KINAHAN

               Mr Liam BERNEY

               Greece

               Spain

               Ms Antonia RAMOS

               Mr Ramón BAEZA

               France

               Mr Emmanuel COUVREUR

               Italy

               Mr Uliano STENDARDI

               Ms Giulia BARBUICCI

               Cyprus

               Mr Nicolaos EPISTITHIOU

               Mr Andreas MATSAS

               Latvia

               Ms Ruta PORNIECE

               Ms Linda ROMELE

               Lithuania

               Ms Kristina KRUPAVIČIENĖ

               Ms Danutė ŠLIONSKIENĖ

               Luxembourg

               Ms Viviane GOERGEN

               Mr René PIZZAFERRI

               Hungary

               Ms Erzsébet HANTI

               Malta

               Mr William PORTELLI

               Netherlands

               Mr Erik PENTENGA

               Mr Leon MEIJER

               Austria

               Ms Karin ZIMMERMANN

               Ms Sonja FREITAG

               Poland

               Mr Bogdan OLSZEWSKI

               Mr Piotr OSTROWSKI

               Portugal

               Mr Vítor Manuel Vicente COELHO

               Mr Armando FARIAS

               Romania

               Ms Cecilia GOSTIN

               Slovenia

               Mr Pavle VRHOVEC

               Ms Maja KONJAR

               Slovakia

               Mr Erik MACÁK

               Ms Margita DÖMÉNYOVÁ

               Finland

               Mr Juha ANTILA

               Ms Leila KURKI

               Sweden

               Mr Mats ESSEMYR

               Mr Sten GELLERSTEDT

               United Kingdom

               Mr Hugh ROBERTSON

               Ms Elena CRASTA

   III.   REPRESENTATIVES OF EMPLOYERS' ORGANISATIONS

               Country

               Members

               Alternates

               Belgium

               Mr Kris DE MEESTER

               Mr Roland WAEYAERT

               Bulgaria

               Mr Dimiter BRANKOV

               Mr Nikola ZIKATANOV

               Czech Republic

               Ms Vladimíra DRBALOVÁ

               Ms Pavla BŘEČKOVÁ

               Denmark

               Mr Benjamin HOLST

               Mr Nils Juhl ANDREASEN

               Germany

               Mr Lutz MÜHL

               Ms Renate HORNUNG-DRAUS

               Estonia

               Ms Eve PÄÄRENDSON

               Mr Tarmo KRIIS

               Ireland

               Mr Brendan McGINTY

               Mr Eamonn McCOY

               Greece

               Ms Rena BARDANI

               Ms Christina GEORGANTA

               Spain

               Mr Miguel CANALES GUTIÉRREZ

               Ms Rosario ESCOLAR POLO

               France

               Mr Emmanuel JAHAN

               Mr Emmanuel JULIEN

               Italy

               Ms Stefania ROSSI

               Ms Paola ASTORRI

               Cyprus

               Ms Lena PANAYIOTOU

               Mr Polyvios POLYVIOU

               Latvia

               Mr Eduards FILIPPOVS

               Ms Anita LICE

               Lithuania

               Mr Andrius GUZAVIČIUS

               Ms Dovilė BAŠKYTĖ

               Luxembourg

               Mr Pierre OESCH

               Ms Magalie LYSIAK

               Hungary

               Mr Antal CSUPORT

               Mr Istvan KOMOROCZKI

               Malta

               Mr Santo PORTERA

               Netherlands

               Mr W. M. J. M. VAN MIERLO

               Mr Gerard A. M. VAN DER GRIND

               Austria

               Ms Ruth LIST

               Ms Heidrun MAIER-DE-KRUIJFF

               Poland

               Mr Piotr SARNECKI

               Mr Adam AMBROZIK

               Portugal

               Mr Marcelino PENA E COSTA

               Mr António VERGUEIRO

               Romania

               Slovenia

               Ms Tatjana PAJNKIHAR

               Mr Igor ANTAUER

               Slovakia

               Mr Martin HOŠTÁK

               Ms Viola KROMEROVÁ

               Finland

               Mr Seppo SAUKKONEN

               Ms Anu SAJAVAARA

               Sweden

               Mr Sverker RUDEBERG

               Mr Niklas BECKMAN

               United Kingdom

               Mr Neil CARBERRY

               Mr Ben DIGBY

         Article 2
   The Council will appoint the members and alternate members not yet nominated at a later date.
   Article 3
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 22 November 2010.

            For the Council

            The President

         S. VANACKERE

      (1)  OJ L 139, 30.5.1975, p. 1.

      (2)  OJ C 282, 24.11.2007, p. 10.


title: Council Decision (EU) 2015/991 of 19 June 2015 establishing the position to be adopted on behalf of the European Union in the relevant Committees of the United Nations Economic Commission for Europe as regards the proposals for amendments to UN Regulations Nos 14, 17, 28, 29, 41, 49, 51, 54, 59, 80, 83, 95, 100, 101, 109, 117, 134 and 135, on a new UN Regulation on electric vehicle safety of category L, and on amendments to the Consolidated Resolution on the Construction of Vehicles (R.E.3)

text:
               25.6.2015

               EN

               Official Journal of the European Union

               L 159/62

         COUNCIL DECISION (EU) 2015/991
   of 19 June 2015
   establishing the position to be adopted on behalf of the European Union in the relevant Committees of the United Nations Economic Commission for Europe as regards the proposals for amendments to UN Regulations Nos 14, 17, 28, 29, 41, 49, 51, 54, 59, 80, 83, 95, 100, 101, 109, 117, 134 and 135, on a new UN Regulation on electric vehicle safety of category L, and on amendments to the Consolidated Resolution on the Construction of Vehicles (R.E.3)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114, in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               In accordance with Council Decision 97/836/EC (1), the Union acceded to the Agreement of the United Nations Economic Commission for Europe (UNECE) concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’).

               (2)

               In accordance with Council Decision 2000/125/EC (2), the Union acceded to the Agreement concerning the establishing of global technical regulations for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles (‘Parallel Agreement’).

               (3)

               Directive 2007/46/EC of the European Parliament and of the Council (3) replaced the approval systems of the Member States with a Union approval procedure and established a harmonised framework containing administrative provisions and general technical requirements for all new vehicles, systems, components and separate technical units. That Directive incorporated UN regulations in the EU type-approval system, either as requirements for type-approval or as alternatives to Union legislation. Since the adoption of that Directive, UN regulations have increasingly been incorporated into Union legislation in the framework of the EU type-approval.

               (4)

               In the light of experience and technical developments, the requirements relating to certain elements or features covered by UN Regulations Nos 14, 17, 28, 29, 41, 49, 51, 54, 59, 80, 83, 95, 100, 101, 109, 117, 134 and 135, and by the Consolidated Resolution on the Construction of Vehicles (R.E.3), need to be adapted.

               (5)

               In order to harmonise the relevant safety provisions for the type-approval of motor vehicles, the new UN Regulation on electric vehicles of category L should be adopted. Also, amendments to the Consolidated Resolution on the Construction of Vehicles (R.E.3) needs to be adopted to reflect technical progress.

               (6)

               It is therefore necessary to establish the position to be adopted on behalf of the Union in the Administrative Committee of the Revised 1958 Agreement and in the Executive Committee of the Parallel Agreement, as regards the adoption of those UN acts,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted on behalf of the Union in the Administrative Committee of the Revised 1958 Agreement and in the Executive Committee of the Parallel Agreement on 23 to 26 June 2015 shall be to vote in favour of the UN acts listed in the Annex to this Decision.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 19 June 2015.

            For the Council

            The President

         J. REIRS

      (1)  Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted to and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (‘Revised 1958 Agreement’) (OJ L 346, 17.12.1997, p. 78).

      (2)  Council Decision 2000/125/EC of 31 January 2000 concerning the conclusion of the Agreement concerning the establishing of global technical regulations for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles (‘Parallel Agreement’) (OJ L 35, 10.2.2000, p. 12).

      (3)  Directive 2007/46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles (Framework Directive) (OJ L 263, 9.10.2007, p. 1).

      ANNEX

                  Proposal for Supplement 6 to the 07 series of amendments to Regulation No 14 (Safety-belt anchorages)

                  ECE/TRANS/WP.29/2015/46

                  Proposal for Supplement 3 to the 08 series of amendments to Regulation No 17 (Seat strength)

                  ECE/TRANS/WP.29/2015/47

                  Proposal for Supplement 4 to the original series of amendments to Regulation No 28 (Audible warning devices)

                  ECE/TRANS/WP.29/2015/60

                  Proposal for Supplement 3 to the 03 series of amendments to Regulation No 29 (Cabs of commercial vehicles)

                  ECE/TRANS/WP.29/2015/48

                  Proposal for Supplement 3 to the 04 series of amendments to Regulation No 41 (Noise emissions of motorcycles)

                  ECE/TRANS/WP.29/2015/61

                  Proposal for Supplement 3 to the 06 series of amendments to Regulation No 49 (Emissions of compression ignition and positive ignition (LPG and CNG) engines)

                  ECE/TRANS/WP.29/2015/55

                  Proposals for the 03 series of amendments to Regulation No 51 (Noise of M and N categories of vehicles)

                  ECE/TRANS/WP.29/2015/62

                  Proposal for Supplement 20 to Regulation No 54 (Tyres for commercial vehicles and their trailers)

                  ECE/TRANS/WP.29/2015/66

                  Proposal for Supplement 1 to the 02 series of amendments to Regulation No 59 (Replacement silencing systems)

                  ECE/TRANS/WP.29/2015/63

                  Proposal for Supplement 1 to the 03 series of amendments to Regulation No 80 (Strength of seats and their anchorages (buses))

                  ECE/TRANS/WP.29/2015/49

                  Proposal for Supplement 5 to the 06 series of amendments to Regulation No 83 (Emissions of M1 and N1 vehicles)

                  ECE/TRANS/WP.29/2015/56

                  Proposal for Supplement 1 to the 07 series of amendments to Regulation No 83 (Emissions of M1 and N1 vehicles)

                  ECE/TRANS/WP.29/2015/57

                  Proposal for Supplement 5 to the 03 series of amendments to Regulation No 95 (Lateral collision)

                  ECE/TRANS/WP.29/2015/50

                  Proposal for Supplement 4 to the 01 series of amendments to Regulation No 100 (Battery electric vehicle safety)

                  ECE/TRANS/WP.29/2015/51

                  Proposal for Supplement 2 to the 02 series of amendments to Regulation No 100 (Battery electric vehicle safety)

                  ECE/TRANS/WP.29/2015/52

                  Proposal for Supplement 5 to the 01 series of amendments to Regulation No 101 (CO2 emissions/fuel consumption)

                  ECE/TRANS/WP.29/2015/58

                  Proposal for Supplement 7 to the original version of Regulation No 109 (Retreaded pneumatic tyres for commercial vehicles and their trailers)

                  ECE/TRANS/WP.29/2015/67

                  Proposal for Supplement 8 to the 02 series of amendments to Regulation No 117 (Tyre rolling resistance, rolling noise and wet grip)

                  ECE/TRANS/WP.29/2015/65

                  Proposal for Supplement 1 to Regulation No [134] (Hydrogen and fuel cell vehicles (HFCV))

                  ECE/TRANS/WP.29/2015/53

                  Proposal for Supplement 1 to Regulation No [135] (Pole Side Impact (PSI))

                  ECE/TRANS/WP.29/2015/54

                  Proposal for Supplement 1 to the 01 series of amendments to Regulation No [135] (Pole Side Impact (PSI))

                  ECE/TRANS/WP.29/2015/71

                  Draft Regulation on electric vehicle safety of category L

                  ECE/TRANS/WP.29/2015/69

                  Proposal for amendments to the Consolidated Resolution on the Construction of Vehicles (R.E.3)

                  ECE/TRANS/WP.29/2015/35


Avis juridique important

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31998D0708

98/708/EC: Council Decision of 3 November 1998 concerning the conclusion of the Agreement between the European Community and the Republic of Chile on precursors and chemical substances frequently used for the illicit manufacture of narcotic drugs and psychotropic substances

Official Journal L 336 , 11/12/1998 P. 0046 - 0047

COUNCIL DECISION of 3 November 1998 concerning the conclusion of the Agreement between the European Community and the Republic of Chile on precursors and chemical substances frequently used for the illicit manufacture of narcotic drugs and psychotropic substances (98/708/EC) THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113, in conjunction with the first sentence of Article 228(2) and Article 228(4) thereof,Having regard to the proposal from the Commission,Whereas, on 25 September 1995, the Council authorised the Commission to negotiate with the Member States of the Organisation of American States, on behalf of the Community, agreements on the control of drugs precursors and chemical substances; whereas, in accordance with this authorisation, the Commission completed negotiations with Chile on 3 December 1997;Whereas the Agreement between the European Community and the Republic of Chile on precursors and chemical substances frequently used for the illicit manufacture of narcotic drugs and psychotropic substances should be approved;Whereas it is appropriate that the Council should authorise the Commission, in consultation with a special committee appointed by the Council, to approve amendments on behalf of the Community where the Agreement provides for them to be adopted by the Joint Follow-up Group; whereas such authorisation must, however, be limited to the amendment of the Annexes to the Agreement in so far as such amendment concerns substances already covered by Community legislation on drugs precursors and chemical substances,HAS DECIDED AS FOLLOWS:Article 1 The Agreement between the European Community and the Republic of Chile on precursors and chemical substances frequently used for the illicit manufacture of narcotic drugs and psychotropic substances is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2 The President of the Council is hereby authorised to designate the person empowered to sign the Agreement.Article 3 The President of the Council shall carry out, on behalf of the Community, the exchange of instruments provided for in Article 12 of the Agreement (1).Article 4 1. The Community shall be represented in the Joint Follow-up Group provided for in Article 9 of the Agreement by the Commission, assisted by the representatives of the Member States.2. The Commission is authorised to approve, on behalf of the Community, amendments to the Annexes to the Agreement adopted by the Joint Follow-up Group under the procedure laid down in Article 10 of the Agreement.The Commission shall be assisted in carrying out this task by a special committee appointed by the Council with instructions to establish a common position.3. The authorisation referred to in paragraph 2 shall be limited to those substances which are already covered by the relevant Community legislation on drugs precursors and chemical substances.Article 5 This Decision shall be published in the Official Journal of the European Communities.Done at Brussels, 3 November 1998.For the CouncilThe PresidentB. PRAMMER(1) The date of the Agreement's entry into force will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


title: Council Decision of 12 December 2014 adopting the Council’s position on draft amending budget No 3 of the European Union for the financial year 2014

text:
               20.12.2014

               EN

               Official Journal of the European Union

               C 461/15

         COUNCIL DECISION
   of 12 December 2014
   adopting the Council’s position on draft amending budget No 3 of the European Union for the financial year 2014
   (2014/C 461/07)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 314 thereof, in conjunction with the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
   Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1) and in particular Article 41 thereof,
   Whereas:

               —

               the Union’s budget for the financial year 2014 was definitively adopted on 20 November 2013 (2),

               —

               on 2 June 2014, the Commission submitted a proposal containing draft amending budget No 3 to the general budget for the financial year 2014,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Council’s position on draft amending budget No 3 of the European Union for the financial year 2014 was adopted on 12 December 2014.
   The full text can be accessed for consultation or downloading on the Council’s website: http://www.consilium.europa.eu/

      Done at Brussels, 12 December 2014.

            For the Council

            The President

         S. GIANNINI

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

      (2)  OJ L 51, 20.2.2014, p. 1, with corrigenda in OJ L 111, 15.4.2014, p. 96, OJ L 124, 25.4.2014, p. 30 and OJ L 322, 7.11.2014, p. 1.


title: 2014/560/EU: Decision of the European Parliament of 3 April 2014 on the closure of the accounts of the eighth, ninth and 10th European Development Funds for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/158

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on the closure of the accounts of the eighth, ninth and 10th European Development Funds for the financial year 2012
   (2014/560/EU)
   THE EUROPEAN PARLIAMENT,

               —

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

               —

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

               —

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

               —

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

               —

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

               —

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

               —

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

               —

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

               —

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

               —

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

               —

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

               —

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

               —

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

               —

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

               —

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

               —

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

               —

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

               —

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

               —

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

               1.

               Notes that the final annual accounts of the eighth, ninth and 10th European Development Funds are as shown in Table 2 of the Court of Auditors’ annual report;

               2.

               Approves the closure of the accounts of the eighth, ninth and 10th European Development Funds for the financial year 2012;

               3.

               Instructs its President to forward this decision to the Council, the Commission, the Court of Justice of the European Union, the Court of Auditors and the European Investment Bank, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

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

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

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

      (4)  OJ L 287, 4.11.2010, p. 3.

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

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

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

      (8)  OJ L 191, 7.7.1998, p. 53.

      (9)  OJ L 83, 1.4.2003, p. 1.

      (10)  OJ L 78, 19.3.2008, p. 1.


Avis juridique important

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32001D1229(01)

Bureau Decision on public access to European Parliament documents

Official Journal C 374 , 29/12/2001 P. 0001 - 0006

Bureau Decision on public access to European Parliament documents(2001/C 374/01)THE BUREAU,Having regard to Article 255(2) and (3) of the EC Treaty,Having regard to Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents, and in particular Articles 11, 12 and 18 thereof,Having regard to Rules 22(2), 171(1) and 172 and Annex VII of the European Parliament's Rules of Procedure,Whereas the general principles governing access to documents have been established, in accordance with Article 255(2) of the EC Treaty, by Regulation (EC) No 1049/2001;Whereas, in accordance with Article 255(3) of the EC Treaty and Article 18(1) of Regulation (EC) No 1049/2001, the European Parliament adapted its Rules of Procedure by decision of 13 November 2001;Whereas pursuant to Rule 172(2), (3) and (4) of the European Parliament's Rules of Procedure the Bureau is required to adopt rules establishing a register of references to documents, laying down arrangements for access and determining the authorities in charge of handling such documents;Whereas the Bureau decisions of 10 July 1977 on public access to European Parliament documents and of 17 April 1998 on fees to be paid for delivery of documents were repealed by the abovementioned European Parliament decision of 13 November 2001;Whereas the measures relating to the system of fees for the issue of documents must be brought into line with the provisions of Article 10 of Regulation (EC) No 1049/2001, in order to specify the additional costs to be paid by the applicant for the issue of very large documents;Whereas the measures relating to the register of European Parliament documents should be brought together in a single decision with a view to facilitating transparency for citizens,HEREBY DECIDES:TITLE IREGISTER OF REFERENCESArticle 1Creation1. In accordance with Article 11(2) of Regulation (EC) No 1049/2001 and Rule 172(3) of the Rules of Procedure, a register of references shall be established within the European Parliament.2. The register of references thus created shall contain references to documents drawn up or received by the European Parliament as from the date from which Regulation (EC) No 1049/2001 is applicable (3 December 2001).3. These references shall constitute the "document's identity papers" which contain not only the data required by Article 11(2) of Regulation (EC) No 1049/2001, but also, as far as possible, references allowing the originating authority of each document, the available languages, the status of the document, the category of the document and the place of storage of the document to be identified.Article 2ObjectivesThe register of references shall be structured so as to allow:- use of a uniform reference system,- direct access to documents, in particular legislative documents, in electronic form,- identification of documents which cannot be accessed electronically,- searches for documents which are not adequately identified by applicants,- the identification of documents in respect of which public access is subject to the limits laid down in Articles 4 and 9 of Regulation (EC) No 1049/2001,- recording of confidential documents, in compliance with the limits laid down in Article 9 of the above Regulation.Article 3OperationThe service responsible for managing the register of references shall:- monitor the recording of documents drawn up or received by the European Parliament,- receive applications for access in written or electronic form and keep a calendar with a view to compliance with the time-limit for reply of 15 working days,- send out acknowledgements of receipt,- assist applicants so as to clarify the content of their applications,- assist applicants with access to documents already published,- forward applications for access to the service responsible or authorised person when the application relates to a document not recorded in the register or a document subject to the limits laid down in Articles 4 and 9 of Regulation (EC) No 1049/2001,- confer with applicants where applications relate to very long or complex documents.Article 4Registration of documents1. Any document drawn up by the European Parliament shall be entered in the register of references as soon as possible. The Secretary-General shall adopt the necessary internal implementing measures to ensure that all documents drawn up by the European Parliament are recorded.2. In this connection, European Parliament documents, as defined by Rule 172(2) of the European Parliament's Rules of Procedure, shall be recorded in the register of references under the responsibility of the body or service which is the originator of the document.3. Documents drawn up under the legislative procedure or for the purposes of parliamentary business shall be entered in the register as soon as they have been tabled or made public.4. Other documents which fall within the remit of the administrative services of the Secretariat of the European Parliament shall, as far as possible, be entered in the register of references as soon as authorised by the originating service.5. Any document received by the European Parliament from a third party within the meaning of Article 3 of Regulation (EC) No 1049/2001 shall be forwarded by the official mail service to the register of references, which shall enter it, unless it is a sensitive document, within the meaning of Article 9 of the above Regulation, for which compliance with the time limits prescribed in that article is required.Article 5Documents directly accessible1. All documents drawn up or received by the European Parliament under the legislative procedure must be accessible to citizens in electronic form, subject to the limits laid down in Articles 4 and 9 of Regulation (EC) No 1049/2001.2. In this connection, the European Parliament will make all legislative documents accessible through the register, to enable citizens to have access to the full texts of documents.3. The European Parliament will make this register electronically accessible on the Europarl website and provide on-line assistance to citizens concerning arrangements for submitting applications for access to documents.4. Other documents, in particular documents relating to the drafting of policy or strategy, shall be made directly accessible as far as possible.5. The categories of documents that are directly accessible shall be set out in a list adopted by the European Parliament and annexed to its Rules of Procedure. Documents not included on that list will be accessible on written request.Article 6Documents accessible on request1. Documents drawn up or received by the European Parliament outside the legislative procedure shall, as far as possible, be directly accessible to citizens through the register, subject to the limits laid down in Articles 4 and 9 of Regulation (EC) No 1049/2001.2. Where entry of a document in the register of references does not permit direct access to the full text, either because the document is not available in electronic form or because the exceptions provided for in Articles 4 and 9 of Regulation (EC) No 1049/2001 are applicable, the applicant may apply for access to the document in writing, or using the electronic form available on the Europarl website. The European Parliament may either grant access to the document or give the reasons for its total of partial refusal in writing.3. Documents drawn up or received by the European Parliament before the entry into force of Regulation (EC) No 1049/2001 and therefore not available on the register of references, shall be accessible on written request, subject to the limits laid down in Articles 4 and 9 of the above Regulation.Article 7Storage of documents1. All documents shall be saved in the archives of the database of the register of references. This database, which contains all the documents drawn up by the European Parliament, shall forward a copy of the data and documents to the European Parliament's historical archives (ARCDOC).2. Until the database responsible for archiving documents to be entered in the register is operational, the service responsible for the register will use the European Parliament's existing systems and databases and will confine itself to establishing links with the latter, in order to extract the necessary data and make the full texts of documents accessible.TITLE IIINITIAL APPLICATIONSArticle 8Submission of the initial application1. Applications for access to a European Parliament document may be made in writing or in electronic form in one of the languages listed in Article 314 of the EC Treaty.2. Applications shall be made in a sufficiently precise manner and in particular contain information enabling the document or documents requested to be identified and the name and address of the applicant.3. If an application is not sufficiently precise, the European Parliament shall ask the applicant to clarify it and shall assist him or her in doing so.4. The applicant is not obliged to state the reasons for the application.Article 9Processing of written applications1. An application for access to a document held by the European Parliament shall be sent on the same day as it is registered by the official mail service to the service responsible for managing the register of references, which must acknowledgd receipt of the application, draft a reply and deliver the document within the prescribed time limit.2. When the application relates to a document drawn up by the European Parliament to which one of the exceptions laid down in Article 4 of Regulation (EC) No 1049/2001 is applicable, the service responsible for the register of references shall contact the service or body that is the originator of the document, which shall suggest the course of action to be taken within five working days.3. When the doubt as to disclosure concerns documents from third parties, the European Parliament shall consult the latter giving them five working days in which to make their position known with a view to assessing whether one of the exceptions laid down in Articles 4 or 9 of Regulation (EC) No 1049/2001 is applicable.4. When the application for access submitted to the European Parliament concerns a document which has not yet been made public by the originating institution, the European Parliament shall give the institution responsible for the document five working days in which to express any reservations regarding disclosure of the document.5. If no reply is received within five working days, the European Parliament shall carry on with the procedure.Article 10Processing of applications in electronic form1. Any application submitted in electronic form shall be forwarded to the address indicated on the European Parliament's website, as far as possible using the electronic form provided and the on-line help system created to facilitate submitting applications of this kind.2. Applications in electronic form sent to the European Parliament's website (Europarl) shall be forwarded automatically to the service responsible for the register of references for registration and further action.3. An application received in electronic form and containing all the necessary information required by Article 8 of this Decision shall automatically trigger the sending of the acknowledgement of receipt to the applicant.4. The procedures laid down in Articles 9(2) et seq. of this Decision for the processing of initial applications submitted in writing shall also apply to applications submitted in electronic form.Article 11Deadline for reply1. Within a time limit of 15 working days from the registration of the application, the service responsible for the register of references shall grant access to the requested document and shall supply it within the same time limit.2. Where the European Parliament is unable to grant access to the requested document, it shall notify the applicant in writing of the grounds for its total or partial refusal and inform the applicant of his or her right to make a confirmatory application.3. In this case the applicant will have 15 working days from receiving the reply to make a confirmatory application.4. In exceptional cases, where an application relates to a very long document or a large number of documents, the time limit provided for in paragraph 1 of this article may be extended by 15 working days, provided the applicant is notified in advance and that detailed reasons are given.5. Failure by the European Parliament to reply within the prescribed time limit shall entitle the applicant to make a confirmatory application.6. The time limit of 15 working days laid down by Article 7 of Regulation (EC) No 1049/2001 shall start to run from the date of registration of the initial application.Article 12Competent authority1. Initial applications sent to the European Parliament shall be handled by the Secretary-General under the authority of the President and the Vice-President responsible for supervision of the handling of applications for access to documents, as provided for by Rule 172(6) of the European Parliament's Rules of Procedure.2. Favourable replies to initial applications shall be sent to the applicant by the Secretary-General himself or by his delegate.3. Refusal of an initial application, with a statement of the reasons, shall be decided by the Secretary-General on a proposal from the service or body that is the originator of the document. Any decision to deny access shall be forwarded to the Bureau of the European Parliament for information.4. The Secretary-General may, at any time, refer an application to the Legal Service and/or the officer responsible for data protection.TITLE IIICONFIRMATORY APPLICATIONSArticle 13Submission1. Confirmatory applications may be sent to the European Parliament in writing or in electronic form within 15 working days, either from receipt of the total or partial refusal of access to the document requested, or in the absence of any reply to the initial application.2. Confirmatory applications must be made in accordance with the formal requirements laid down in Article 8 of this Decision.Article 14Processing1. Confirmatory applications shall be registered in accordance with the arrangements laid down in Articles 9(1) and 10(2) of this Decision for applications in writing or in electronic form.2. The register of references shall forward an acknowledgement of receipt to the applicant and shall start the procedures laid down in Articles 9 and 10 of this Decision, with a view to preparing the European Parliament's reply.3. Within 15 working days of registration of the application, the European Parliament shall either grant access to the document or notify the applicant in writing of the reasons for its total or partial refusal.4. In exceptional cases, where an application relates to a very long document or a large number of documents, the time limit provided for in the previous paragraph may be extended by 15 working days, provided the applicant is notified in advance and that detailed reasons are given.Article 15Competent authority1. The reply to any confirmatory application shall be a matter for the Bureau of the European Parliament.2. On a proposal from the Secretary-General, the Vice-President responsible for supervision of the handling of applications for access to documents shall submit a proposal for a decision to the Bureau.3. In this connection, the Secretary-General will refer the matter to the Legal Service and/or the officer responsible for data protection, who shall give an opinion within three working days.4. In order to meet the binding time limit for reply of 15 working days laid down by Article 8 of Regulation (EC) No 1049/2001, the Bureau may delegate the decision on any confirmatory application to the Vice-President responsible for supervision of the handling of applications for access to documents.Article 16Remedies1. Where the European Parliament totally or partially refuses to grant access to a document, it shall inform the applicant of the remedies open to him or her, namely: instituting court proceedings against the Institution and/or making a complaint to the Ombudsman, under the conditions laid down in Articles 230 and 195 of the EC Treaty.2. Failure to reply within the prescribed time limit is to be regarded as a negative response and will entitle the applicant to bring an action or complaint under the conditions set out in the previous paragraph.TITLE IVREGISTRATION OF AND ACCESS TO SENSITIVE DOCUMENTSArticle 17Registration1. The registration of documents classified as sensitive within the meaning of Article 9 of Regulation (EC) No 1049/2001 from institutions, agencies, Member States, non-member countries or international organisations shall be subject to the prior agreement of the originating authority.2. In this connection, the originating authority of a document classified as sensitive shall forward the document directly to the President of the European Parliament through the most appropriate channel, so as to ensure the confidentiality of the contents of the document.3. Any transmission of a sensitive document must be accompanied by a statement of the position of the originating authority with regard to authorisation for registration and disclosure of the document.4. If the originating authority agrees that such a document may be recorded in the European Parliament's register of references, it shall be a matter for the President to decide which references may appear in the register of references. The President shall consult the Vice-President responsible for supervising the handling of applications for access to documents, the Secretary-General or, where appropriate, the chairman of the committee concerned.5. Any document drawn up by the European Parliament referring to a document classified as sensitive within the meaning of Article 9 of Regulation (EC) No 1049/2001 will be recorded and released only with the authorisation of the President. The references attributed to such a document will be determined under the conditions set out in the previous paragraph.6. Where one of the institutions expresses doubts as to the confidential nature of documents received by the European Parliament, the mater shall be referred to the interinstitutional committee established by Article 15(2) of Regulation (EC) No 1049/2001.Article 18Processing of applications for access1. Any application for access to a sensitive document within the meaning of Article 9 of Regulation (EC) No 1049/2001, submitted in writing or in electronic form, shall be registered in accordance with the arrangements laid down in Article 9(1) or Article 10(2) of this Decision.2. The Secretary-General shall forward applications for access to sensitive documents to the President. The reply to an application, at either the initial application or confirmatory application stage, shall be a matter for the Bureau, which may delegate it to the President, pursuant to Rule 22(10) of the European Parliament's Rules of Procedure. In such cases, the President shall consult the Vice-President responsible for supervising the handling of applications for access to documents, the Secretary-General or, where appropriate, the chairman of the committee concerned.3. The time limit of 15 working days laid down in Articles 7 and 8 of Regulation (EC) No 1049/2001 shall start to run from the date of registration of the initial or confirmatory application.Article 19Authorised personsThe persons authorised to acquaint themselves with sensitive documents are: the President of the European Parliament, the Vice-President responsible for supervision of the handling of applications for access to documents, the chairman of the committee directly concerned and the Secretary-General, unless agreements with the other institutions provide for special authorisation.Article 20Protection of sensitive documents1. Sensitive documents, within the meaning of Article 9 of Regulation (EC) No 1049/2001, shall be subject to strict security rules so as to ensure their confidential handling within the European Parliament.2. In this connection, the Secretary-General shall submit draft rules to the Bureau, taking account of contacts and agreements with the Commission and the Council.3. The proposal adopted by the Bureau will be submitted to the Plenary for approval, and the text thus adopted will be annexed to the European Parliament's Rules of Procedure.TITLE VISSUE OF DOCUMENTSArticle 21Issue1. Documents are to be supplied in the form of a copy, or in electronic format, with full regard to the applicant's preference.2. If a document has already been released by the European Parliament or by another institution and is easily accessible, the European Parliament may grant access to the document by informing the applicant how to obtain the requested document.Article 22Cost of the reply1. The cost of producing and sending copies may be charged to the applicant. This charge may not exceed the real cost of the operation.2. Consultation on the spot, copies of less than 20 A4 pages and direct access in electronic form or through the register shall be free of charge.Article 23Applications for very large documents1. The issuing of documents exceeding 20 A4 pages shall be subject to a fee of EUR 10, plus EUR 0,030 per page.2. The amount of this fee may be revised by a decision of the Bureau of the European Parliament on a proposal from the Secretary-General.3. Expenses relating to other means of transmission shall be decided by the Secretary-General but may not exceed the real cost of the operation.4. In the event of repeated or successive applications concerning very long documents or a large number of documents, the European Parliament may confer with the applicant informally with a view to finding a solution.5. Published documents are not covered by this Decision and shall continue to be subject to their own pricing system.Article 24Additional translation costsWhere translation into a language other than those available is requested by the applicant, the existing freelance rates applied by the European Parliament to external translations shall apply.TITLE VIAPPLICATIONArticle 25ApplicationThis Decision shall apply with due regard for and without prejudice to the provisions of Regulation (EC) No 1049/2001 and of the European Parliament's Rules of Procedure.Article 26ReviewThis Decision shall be reviewed two years after its entry into force. To this end, the Secretary-General of the European Parliament shall submit a report on the implementation thereof.Article 27Entry into forceThis Decision shall enter into force on the date of its publication in the Official Journal of the European Communities. The register of references established by this Decision shall take effect on 3 June 2002.Done at Brussels, 28 November 2001.For the BureauPresidentNicole Fontaine


title: 2013/412/Euratom: Council Decision of 22 July 2013 renewing the membership of the Scientific and Technical Committee and repealing the Decision of 13 November 2012 appointing the members of the Scientific and Technical Committee

text:
               1.8.2013

               EN

               Official Journal of the European Union

               L 205/11

         COUNCIL DECISION
   of 22 July 2013
   renewing the membership of the Scientific and Technical Committee and repealing the Decision of 13 November 2012 appointing the members of the Scientific and Technical Committee
   (2013/412/Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 134(2) thereof,
   After consulting the European Commission,
   Whereas:

               (1)

               Article 134(2) of the Treaty, as amended by Article 11 of the Act of Accession of Croatia, provides that the Scientific and Technical Committee is to consist of 42 members.

               (2)

               By the Decision of 13 November 2012 (1), the Council appointed the members of the Scientific and Technical Committee for the period from 23 January 2013 to 22 January 2018. However, by virtue of Article 26(2) of the Act of Accession of Croatia, the membership of the Scientific and Technical Committee is to be completely renewed upon Croatia’s accession. Therefore, new members of the Committee should be appointed and the Decision of 13 November 2012 should be repealed.

               (3)

               In order to make full use of the wide range of expertise required to fulfil its tasks, the Scientific and Technical Committee may, subject to its internal rules, call on alternates to the members to participate in its meetings,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following persons are hereby appointed members of the Scientific and Technical Committee for the period from 25 July 2013 to 24 July 2018:

               Rosa ALBA

               Vanni ANTONI

               Kathrin APEL

               Evgenia BENOVA

               Bernard BONIN

               Michel BOURGUIGNON

               Frank BRISCOE

               Panicos DEMETRIADES

               Daniela DIACONU

               Tony DONNÉ

               James DRAKE

               Juan ESPOSITO

               János GADÓ

               Carlos HIDALGO VERA

               Kyriakos HIZANIDIS

               Sue ION

               Eugene KENNEDY

               Jan Leen KLOOSTERMAN

               Wolfgang LIEBERT

               Peter LĺŠKA

               Merle LUST

               Jens-Peter LYNOV

               Gabriel MARBACH

               José MARQUES

               Emilio MÍNGUEZ

               Martin MURRAY

               Jerzy Wiktor NIEWODNICZAŃSKI

               Milan PATRĺK

               Pavol PAVLO

               Rainer SALOMAA

               Jean-Paul SAMAIN

               Edouard SINNER

               Borut SMODIŠ

               Thomas SUNN PEDERSEN

               Tonči TADIĆ

               Ioan URSU

               Eugenijus USPURAS

               Theo VAN RENTERGEM

               Carlos VARANDAS

               Franck-Peter WEISS

               Roman ZAGÓRSKI

               Sándor ZOLETNIK

         Article 2
   The Decision of 13 November 2012 is hereby repealed with effect from 25 July 2013.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 22 July 2013.

            For the Council

            The President

         C. ASHTON

      (1)  Council Decision of 13 November 2012 appointing the members of the Scientific and Technical Committee (OJ C 360, 22.11.2012, p. 2).


title: 2009/516/EC: Council Decision of 22 June 2009 on the conclusion of the Agreement between the European Community and the Government of the Republic of India on certain aspects of air services

text:
               3.7.2009

               EN

               Official Journal of the European Union

               L 173/10

      COUNCIL DECISION

   of 22 June 2009
   on the conclusion of the Agreement between the European Community and the Government of the Republic of India on certain aspects of air services
   (2009/516/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2) in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament,
   Whereas:

               (1)

               The Council authorised the Commission on 5 June 2003 to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (2)

               On behalf of the Community, the Commission has negotiated an Agreement between the European Community and the Government of the Republic of India on certain aspects of air services (1) (the Agreement) in accordance with the mechanisms and directives in the Annex to the Council Decision authorising the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with a Community agreement.

               (3)

               The Agreement was signed on behalf of the Community on 28 September 2008 subject to its conclusion at a later date, in conformity with Council Decision 2008/797/EC (2).

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Community and the Government of the Republic of India on certain aspects of air services is hereby approved on behalf of the Community.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to make the notification provided for in Article 7(1) of the Agreement.

      Done at Luxembourg, 22 June 2009.

            For the Council

            The President

         J. ŠEBESTA

      (1)  OJ L 273, 15.10.2008, p. 9.

      (2)  OJ L 273, 15.10.2008, p. 7.


title: 2012/410/EU: Council Decision of 16 July 2012 establishing the position to be taken by the European Union within the General Council of the World Trade Organisation on the Philippines’ request for a WTO waiver to extend the special treatment for rice

text:
               20.7.2012

               EN

               Official Journal of the European Union

               L 192/15

         COUNCIL DECISION
   of 16 July 2012
   establishing the position to be taken by the European Union within the General Council of the World Trade Organisation on the Philippines’ request for a WTO waiver to extend the special treatment for rice
   (2012/410/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Philippines was provided with special treatment for rice for a period of 10 years upon the entry into force of the Marrakesh Agreement establishing the World Trade Organisation (WTO Agreement) and in particular the Agreement on Agriculture (AoA).

               (2)

               In accordance with the AoA the Philippines was subsequently granted an extension of the special treatment for rice from 1 July 2005 to 30 June 2012 by modifying its Schedule LXXV.

               (3)

               Continuation of special treatment for rice after 30 June 2012 was contingent on the outcome of the Doha Development Agenda (DDA) negotiations, providing an alternative special mechanism. However, the DDA negotiations have not yet been concluded.

               (4)

               The Philippines notified the Committee on Agriculture of the WTO on 22 November 2011 of its intention to enter into negotiations with WTO Members that have substantial interest in the products concerned for the continuation of its special treatment for rice.

               (5)

               Article IX paragraphs 3 and 4 of the WTO Agreement sets out the procedures for the granting of waivers concerning Multilateral Trade Agreements.

               (6)

               On that basis on 20 March 2012, the Philippines requested a WTO waiver from its obligations under Article 4.2 and Section B of Annex 5 of the AoA in order to receive special treatment for rice from 1 July 2012 until 30 June 2017.

               (7)

               The Union is a net importer of rice. The granting of this waiver would thus be of minimal economic and trade importance to the Union.

               (8)

               It is appropriate, therefore, to establish the position to be taken by the Union within the WTO General Council in relation to this waiver request,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the European Union within the General Council of the World Trade Organisation is to support the Philippines’ waiver request to extend its special treatment for rice from 1 July 2012 until 30 June 2017 in accordance with the terms of the waiver request.
   This position shall be expressed by the Commission.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 16 July 2012.

            For the Council

            The President

         S. ALETRARIS


Avis juridique important

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31993D0095

93/95/Euratom: Commission Decision of 2 February 1993 amending Decision 85/593/Euratom on the reorganization of the Joint Research Centre (JRC)

Official Journal L 037 , 13/02/1993 P. 0044 - 0046 Finnish special edition: Chapter 12 Volume 2 P. 0157  Swedish special edition: Chapter 12 Volume 2 P. 0157

COMMISSION DECISION of 2 February 1993 amending Decision 85/593/Euratom on the reorganization of the Joint Research Centre (JRC)(93/95/Euratom)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 8 thereof,  Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities, and in particular Article 16 thereof,  Whereas, pursuant to Commission Decision 85/593/Euratom of 20 November 1985 on the reorganization of the Joint Research Centre (JRC) (1), the JRC was given a new structure suited to its particular purpose;  Whereas the Commission decides on the terms of reference of the Board of Governors of the JRC, in particular as regards the implementation of the specific research programmes adopted in Council Decisions 92/273/EEC (2) and 92/274/Euratom (3), and the  implementation of the supplementary research programme adopted in Council Decision 92/275/Euratom (4), to be implemented by the JRC;  Whereas the role of the Board of Governors should be strengthened;  Whereas the terms of reference of the Board of Governors, as laid down in the Commission Decision of 3 June 1988, should therefore be amended; whereas the latter was also aimed at abolishing the Scientific Council of the JRC;  Whereas it is appropriate to provide for a balanced distribution between the members of the Scientific Committee designated by the Director-General of the JRC and those designated by the representatives of the scientific and technical staff;  Whereas Decision 85/593/Euratom should be amended accordingly,  HAS DECIDED AS FOLLOWS:  Sole Article  Decision 85/593/Euratom is hereby amended as follows:  1. The third indent of Article 2 is deleted;  2. Article 4 is replaced by the following text:  'Article 4 1. A Board of Governors of the JRC is hereby set up. It shall consist of 13 members, namely:  (a) a high-level representative from each Member State, appointed by the Commission on the basis of nominations by the authorities of the State in question; and (b) a Chairman elected by the 12 representatives of the Member States referred to in point (a).  All members shall be appointed for a term of three years, which shall be renewable.  2. The Board of Governors shall have the task of providing guidance for the Director-General and issuing opinions for submission to the Commission on matters concerning:  - the role of the JRC in the context of the Community's research and development strategy;  - scientific/technical and financial management of the JRC and the performance of the tasks assigned to it.  With regard to matters delegated to the Director-General by the Commission and in conformity with all the matters concerning more specifically the Board of Governors, the Director-General shall request the opinion of the Board of Governors on his  proposals before they are implemented.  The prior opinion of the Board of Governors shall be required on any matter submitted to the Commission for a decision.  The Board of Governors shall deal more specifically with:  (i) the proposals for specific research programmes to be implemented by the JRC under the framework programme for Community activities in the field of research and technological development, and proposals for other new tasks to be entrusted to the JRC;   (ii) the preparation of multiannual strategic planning covering all JRC activities, and each year, not later than 31 March, the corresponding annual work plan indicating the objectives of each work programme and including a summary description of the  programme with key dates, scientific references and estimated expenditure;  (iii) the implementation of the specific research programmes, in particular aspects relating to their performance and their consistency with the needs of the Community - the latter aspect entailing annual consultations organized by the Board of  Governors - and any proposals to amend the specific research programmes;  (iv) relations with other Commission departments and with third parties based on the customer/contractor principle;  (v) the formulation of proposals concerning the annual budget of the JRC and the monitoring of its implementation;  (vi) major investments;  (vii) the organization of the JRC, its financial management and the implementation and evaluation of its research programmes;  (viii) staff policy, with special emphasis on:  - the formulation of proposals concerning JRC staff policy during the period covered by the specific programmes and the monitoring of their subsequent implementation,  - staff mobility and exchanges of scientific and technical staff with public and private bodies in the Member States;  (ix) the appointment of high-level JRC staff;  (x) the definition of preparatory research to be conducted within the JRC.  3. The Board of Governors shall issue opinions on the basis of the majority required by Article 118 (2) of the EAEC Treaty, the votes being weighted in accordance therewith. The Chairman shall not vote.  The Commission shall take the utmost account of the opinions issued by the Board of Governors. In the absence of the assent of the Board of Governors to a proposal by the Director-General, the matter shall be referred to the Commission, which shall  decide the matter. The Board of Governors shall be informed of the Commission's decision. The Council shall be informed without delay if the decision is not in keeping with the opinion of the Board of Governors. It shall also be informed of the reasons  for the decision.  If the Commission does not accept an opinion issued by the Board of Governors on matters requiring a decision by the Commission, implementation of measures realting to such matters shall be postponed for one month; during this month the matters in  question shall be referred back to the Board of Governors and a new opinion shall be requested. On receipt of this opinion or at the end of the month in question, the Commission shall take a final decision and shall inform the Board of Governors  thereof. It it is unable to accept the opinion of the Board of Governors, the Commission shall inform the Council of its decision and of the reasons for the decision without delay. The Commission shall keep the Board of Governors informed of its  decisions relating to the JRC in respect of any matter on which the Board of Governors has issued an opinion.  The Board of Governors may, through the Commission, submit opinions to the Council and European Parliament on all matters relating to the JRC.  4. The Board of Governors shall submit an annual report containing its comments on the annual management report drawn up by the Director-General. This report, together with the annual management report as approved by the Commission, shall be sent to the  Council and to the European Parliament.  The Board of Governors shall advise the Director-General with regard to the organization of the evaluation of the tasks performed by the JRC, in connection both with the scientific and technical results and with the administrative and financial  restructuring of the Centre; it shall also provide advice about the selection of independent experts called upon to participate in this evaluation.  The Board of Governors shall submit its own comments on the results of these evaluations.  5. The Board of Governors shall meet at least four times a year.  The Board of Governors shall draw up its rules of procedure, including rules concerning the organization of its work.  The JRC shall provide the secretariat for the Board of Governors and shall make available to it any information it may require. For the performance of its function, the Board of Governors may call upon scientific, industrial and other advice which it  judges to be necessary.' 3. Articles 5 and 6 are deleted.  4. Article 7 becomes Article 5. Its second paragraph is replaced by the following:  'One half of the Scientific Committee shall be composed of members designated by the Director-General from among the main heads of unit or project managers and the high-level scientific staff, and the other half shall be composed of representatives of  the scientific and technical staff elected by that staff.' 5. Article 8 becomes Article 6. Paragraphs 1 and 2 thereof are replaced by the following:  '1. Having due regard to the general policy adopted by the Council and the European Parliament and to the general guidelines issued by the Commission, the Director-General of the JRC shall prepare the draft programmes for the JRC's fields of activity.  2. The Board of Governors of the JRC shall be consulted on the draft programmes.' 6. Article 9 becomes Article 7.  7. Article 10 is deleted.  8. Article 11 becomes Article 8. The second subparagraph of Article 11 (1) is replaced by the following:  'Article 6 shall apply mutatis mutandis to the preparation of preliminary draft budgets for research activities.' 9. Articles 12 and 13 become Articles 9 and 10 respectively.  Done at Brussels, 2 February 1993.  For the Commission Antonio RUBERTI Member of the Commission (1) OJ No L 373, 31. 12. 1985, p. 6.  (2) OJ No L 141, 23. 5. 1992, p. 11.  (3) OJ No L 141, 23. 5. 1992, p. 20.  (4) OJ No L 141, 23. 5. 1992, p. 27.


Avis juridique important

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32002D0052

2002/52/EC: Council Decision of 21 January 2002 on the conclusion of an Agreement between the European Community and the Republic of South Africa on trade in spirits

Official Journal L 028 , 30/01/2002 P. 0112 - 0112

Council Decisionof 21 January 2002on the conclusion of an Agreement between the European Community and the Republic of South Africa on trade in spirits(2002/52/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133, in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,Having regard to the proposal of the Commission,Whereas:(1) The Council decided by Decision 1999/753/EC(1), that the Agreement on Trade, Development and Cooperation between the European Community and its Member States, of the one part, and the Republic of South Africa, of the other part(2), would enter into force provisionally on 1 January 2000.(2) An Agreement between the European Community and the Republic of South Africa on trade in spirits (hereinafter referred to as the "Agreement") has been negotiated. This Agreement was initialled on 30 November 2001 and should be approved.(3) In order to facilitate the implementation of certain provisions of the Agreement, the Commission should be allowed to make the necessary technical adjustments in accordance with the procedure laid down in Article 15 of Council Regulation (EEC) No 1576/89(3) of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks,HAS DECIDED AS FOLLOWS:Article 1The Agreement between the European Community and the Republic of South Africa on trade in spirits together with the attached Annex, Protocol and Declarations are hereby approved on behalf of the Community.The texts referred to in the first subparagraph are attached hereto.Article 2The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community.Article 3For the purpose of applying Articles 5(8) and 16(2) of the Agreement the Commission is hereby authorised, in accordance with the procedure laid down in Article 15 of Regulation (EEC) No 1576/89, to conclude the instruments required to amend the Agreement.Article 4The Commission shall represent the Community in the Joint Committee set up under Article 17 of the Agreement.Done at Brussels, 21 January 2002.For the CouncilThe PresidentM. Arias Cañete(1) OJ L 311, 4.12.1999, p. 1.(2) OJ L 311, 4.12.1999, p. 3.(3) OJ L 160, 12.6.1989, p. 1. Regulation as last amended by Regulation (EC) No 3378/94 of the European Parliament and of the Council (OJ L 366, 31.12.1994, p. 1).


title: Council Decision 2004/809/CFSP of 5 July 2004 concerning the conclusion of the Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Police Mission (EUPOL ‘Proxima’) in the former Yugoslav Republic of Macedonia

text:
               30.11.2004

               EN

               Official Journal of the European Union

               L 354/77

         COUNCIL DECISION 2004/809/CFSP
   of 5 July 2004
   concerning the conclusion of the Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Police Mission (EUPOL ‘Proxima’) in the former Yugoslav Republic of Macedonia
   THE COUNCIL OF THE EUROPEAN UNION,
    Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               On 29 September 2003 the Council adopted Joint Action 2003/681/CFSP on the European Union Police Mission (EUPOL ‘Proxima’) in the former Yugoslav Republic of Macedonia (1).

               (2)

               Article 9(6) of that Joint Action provides that detailed arrangements regarding the participation of Third States shall be the subject of an agreement, in conformity with Article 24 of the Treaty on European Union.

               (3)

               Following the Council Decision of 2 March 2004 authorising the Presidency, assisted where necessary by the Secretary-General/High Representative, to open negotiations, the Presidency negotiated an agreement with the Swiss Confederation on the participation of the Swiss Confederation in the European Union Police Mission (EUPOL ‘Proxima’) in the former Yugoslav Republic of Macedonia.

               (4)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union Police Mission (EUPOL ‘Proxima’) in the former Yugoslav Republic of Macedonia is hereby approved on behalf of the European Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person empowered to sign the Agreement in order to bind the European Union.
   Article 3
   This Decision shall take effect on the day of its adoption.
   Article 4
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 5 July 2004.

            For the Council

            The President

         G. ZALM

      (1)  OJ L 249, 1.10.2003, p. 66.
   AGREEMENT
   between the European Union and the Swiss Confederation on the participation of the Swiss Confederation in the European Union police mission in the former Yugoslav Republic of Macedonia (EUPOL ‘Proxima’)
   THE EUROPEAN UNION,
   on the one hand, and
   THE SWISS CONFEDERATION,
   on the other hand,
   together hereinafter referred to as the ‘Participating Parties’,
   TAKING INTO ACCOUNT:

               —

               the adoption by the Council of the European Union on 29 September 2003 of Joint Action 2003/681/CFSP on the European Union Police Mission in the former Yugoslav Republic of Macedonia (EUPOL ‘Proxima’) (1), stating that Acceding States are invited and other third States may be invited to contribute to EUPOL ‘Proxima’,

               —

               the invitation to the Swiss Confederation to participate in EUPOL ‘Proxima’,

               —

               the successful completion of the Force Generation process and the recommendation by the Police Head of Mission and the Committee for Civilian Aspects of Crisis Management to agree on the participation of the Swiss Confederation in EUPOL ‘Proxima’,

               —

               the decision by the Political and Security Committee of 10 February 2004 to accept the contribution of the Swiss Confederation to EUPOL ‘Proxima’,

               —

               the agreement concluded on 11 December 2003 between the EU and the Former Yugoslav Republic of Macedonia on the status and activities of EUPOL ‘Proxima’ in the former Yugoslav Republic of Macedonia (2), including provisions on the status of the EUPOL ‘Proxima’ personnel,

         HAVE AGREED AS FOLLOWS:
   Article 1
   Framework
   1.   The Swiss Confederation shall associate itself with the provisions of the Joint Action 2003/681/CFSP on EUPOL ‘Proxima’ adopted by the Council of the European Union on 29 September 2003, and with any Joint Action or Decision by which the Council of the European Union may decide to extend EUPOL ‘Proxima’.
   2.   The contribution of the Swiss Confederation to EUPOL ‘Proxima’ is without prejudice to the decision-making autonomy of the European Union.
   Article 2
   Status of personnel
   1.   The status of personnel seconded to EUPOL ‘Proxima’ by the Swiss Confederation shall be governed by the agreement concluded on 11 December 2003 between the EU and the former Yugoslav Republic of Macedonia on the status and activities of EUPOL ‘Proxima’ in the former Yugoslav Republic of Macedonia.
   2.   Without prejudice to the agreement between the EU and the former Yugoslav Republic of Macedonia on the status and activities of EUPOL ‘Proxima’ in the former Yugoslav Republic of Macedonia, the Swiss Confederation shall exercise jurisdiction over its personnel participating in EUPOL ‘Proxima’.
   3.   The Swiss Confederation shall be responsible for answering any claims linked to the participation in EUPOL ‘Proxima’, from or concerning any of its personnel. The Swiss Confederation shall be responsible for bringing any action, in particular legal or disciplinary, against any of its personnel.
   4.   The Swiss Confederation shall waive all claims against any State participating in EUPOL ‘Proxima’, for injury, death of the Swiss Confederation personnel, or damage to, or loss of, any assets owned by itself and used by EUPOL ‘Proxima’ if such injury, death, damage or loss:

               —

               was caused by EUPOL ‘Proxima’ personnel in the execution of their duties in connection with the operation, except in case of gross negligence or wilful misconduct,

               —

               or arose from the use of any assets owned by States participating in EUPOL ‘Proxima’, provided that the assets were used in connection with the operation and except in case of gross negligence or wilful misconduct of EUPOL ‘Proxima’ personnel using those assets.

         5.   The European Union Member States undertake to make a declaration as regards the waiver of claims, for participation of the Swiss Confederation in EUPOL ‘Proxima’.
   Article 3
   Classified information
   1.   The Swiss Confederation shall take appropriate measures to ensure that EU classified information is protected in accordance with the European Union Council's security regulations, contained in the Council Decision 2001/264/EC (3), and in accordance with further guidance issued by competent authorities, including by the EUPOL ‘Proxima’ Head of Mission/Police Commissioner.
   2.   Where the EU and the Swiss Confederation have concluded an agreement on security procedures for the exchange of classified information, the provisions of such an agreement shall apply in the context of EUPOL ‘Proxima’.
   Article 4
   Personnel seconded to EUPOL ‘Proxima’
   1.   The Swiss Confederation shall ensure that its personnel seconded to EUPOL ‘Proxima’ undertake their mission in conformity with:

               —

               the provisions of the Joint Action 2003/681/CFSP and subsequent amendments as referred to in Article 1(1) of this Agreement,

               —

               the Operation Plan,

               —

               implementing measures.

         2.   The Swiss Confederation shall inform in due time the EUPOL ‘Proxima’ Head of Mission/Police Commissioner and the General Secretariat of the Council of the European Union of any change to its contribution to EUPOL ‘Proxima’.
   3.   Personnel seconded to EUPOL ‘Proxima’ shall undergo a medical examination, vaccination and be certified medically fit for duty by a competent authority from the Swiss Confederation. Personnel seconded to EUPOL ‘Proxima’ shall produce a copy of this certification.
   4.   Seconded police officers shall work in their national police uniforms. Berets and insignia shall be provided by EUPOL ‘Proxima’.
   Article 5
   Chain of command
   1.   Personnel seconded by the Swiss Confederation shall carry out their duties and conduct themselves solely with the interests of EUPOL ‘Proxima’ in mind.
   2.   All personnel shall remain under the full command of their national authorities.
   3.   National authorities shall transfer Operational Control (OPCON) to the EUPOL ‘Proxima’ Head of Mission/Police Commissioner, who shall exercise that command and control through a hierarchical structure of command and control.
   4.   The Head of Mission/Police Commissioner shall lead EUPOL ‘Proxima’ and assume its day-to-day management.
   5.   The Swiss Confederation shall have the same rights and obligations in terms of day-to-day management of the operation as European Union Member States taking part in the operation, in accordance with Article 9, paragraph 4, of the Joint Action 2003/681/CFSP.
   6.   The EUPOL ‘Proxima’ Head of Mission/Police Commissioner shall be responsible for disciplinary control over operation personnel. Where required, disciplinary action shall be taken by the national authority concerned.
   7.   A national Contingent Point of Contact (NPC) shall be appointed by the Swiss Confederation to represent its national contingent in the operation. NPCs shall report to the EUPOL ‘Proxima’ Head of Mission/Police Commissioner on national matters and shall be responsible for day-to-day contingent discipline.
   8.   The decision to end the operation shall be taken by the European Union following consultation with the Swiss Confederation, provided that this State is still contributing to EUPOL ‘Proxima’ at the date of termination of the operation.
   Article 6
   Financial aspects
   1.   The Swiss Confederation shall assume all the costs associated with its participation in the operation apart from the costs, which are subject to EU common funding, as set out in the operational budget of the operation.
   2.   The Swiss Confederation shall consider making contributions of a voluntary nature.
   3.   In case of such contributions of a voluntary nature, an arrangement on the practical modalities of the payment shall be signed between the EUPOL ‘Proxima’ Head of Mission/Police Commissioner and the relevant administrative services of the Swiss Confederation on the contributions of the Swiss Confederation to the operational budget of EUPOL ‘Proxima’. This arrangement shall, inter alia, include the following provisions:

               (a)

               the amount concerned;

               (b)

               the arrangements for payment of the financial contribution;

               (c)

               the auditing procedure.

         4.   In case of death, injury, loss or damage to natural or legal persons from the former Yugoslav Republic of Macedonia, the Swiss Confederation shall, when its liability has been established, pay compensation under the conditions foreseen in the agreement on status of mission as referred to in Article 2(1) of the Agreement.
   Article 7
   Non-compliance
   Should one of the Parties fail to comply with its obligations laid down in the previous Articles, the other Party shall have the right to terminate this agreement by serving a notice of one month.
   Article 8
   Dispute settlement
   Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
   Article 9
   Entry into force
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for this purpose.
   2.   This Agreement shall be provisionally applied from the date of signature.
   3.   This Agreement may be amended on the basis of mutual written agreement between the Parties.
   4.   This Agreement may be denounced by one Party by written notice of denunciation given to the other Party. Such denunciation shall take effect six months after receipt of notification by the other Party.

      Done at Brussels,  in the English language in four copies.

            For the European Union

            For the Swiss Confederation

      (1)  OJ L 249, 1.10.2003, p. 66.

      (2)  OJ L 16, 23.1.2004, p. 65.

      (3)  OJ L 101, 11.4.2001, p. 1.


title: Decision (EU) 2016/956 of the European Central Bank of 7 June 2016 amending Decision (EU) 2016/245 (ECB/2016/2) laying down the rules on procurement (ECB/2016/17)

text:
               16.6.2016

               EN

               Official Journal of the European Union

               L 159/21

         DECISION (EU) 2016/956 OF THE EUROPEAN CENTRAL BANK
   of 7 June 2016
   amending Decision (EU) 2016/245 (ECB/2016/2) laying down the rules on procurement (ECB/2016/17)
   THE EXECUTIVE BOARD 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 Article 11.6 thereof,
   Having regard to Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (1), and in particular Article 19 thereof,
   Whereas:

               (1)

               For the sake of clarity, some of the rules laid down in Decision (EU) 2016/245 of the European Central Bank (ECB/2016/2) (2) need to be refined further.

               (2)

               Therefore, Decision (EU) 2016/245 (ECB/2016/2) should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Amendments
   Decision (EU) 2016/245 (ECB/2016/2) is amended as follows:

               1.

               in Article 8, paragraph 2 is replaced by the following:
               ‘2.   The ECB may order from the initial contractor additional products, services or works, irrespective of their value, provided that the necessary amendments to the initial contract are not substantial.
               Amendments shall be considered substantial if they change the overall nature of the contract, in particular where one or more of the following conditions are met:

                           (a)

                           the amendment introduces conditions which, had they been part of the initial procurement procedure, would have allowed for the admission of candidates other than those initially selected, or for the acceptance of a tender other than that originally accepted or would have attracted additional participants in the procurement procedure;

                           (b)

                           the amendment changes the economic balance of the contract in favour of the contractor in a manner which was not provided for in the initial contract;

                           (c)

                           the amendment extends the scope of the contract considerably;

                           (d)

                           a new contractor replaces the one to which the initial contract was awarded in cases other than those provided for in paragraph 4.

                     Amendments shall be considered not to be substantial in any circumstances if their cumulative value remains below (a) the relevant threshold set out in Article 4(3), and (b) 10 % of the initial contract value for supply and service contracts or 15 % of the initial contract value for works contracts.’;

               2.

               in Article 11, the last sentence of paragraph 3 is deleted;

               3.

               in Article 12, the last sentence of paragraph 4 is deleted;

               4.

               in Article 24, paragraph 1 is deleted;

               5.

               in Article 30, paragraph 7 is replaced by the following:
               ‘7.   Where a candidate or tenderer, or an undertaking related to a candidate or tenderer, has been involved in the preparation of a procurement procedure, for example by advising on the procurement strategy or developing specifications, the ECB shall take appropriate measures to ensure that competition is not distorted by the participation of that candidate or tenderer. The ECB may exclude the candidate or tenderer concerned from the procedure, if this is necessary for that purpose. Prior to exclusion, the candidate or tenderer shall be given the opportunity to prove that their previous involvement does not distort competition.’;

               6.

               in Article 35, point 3 is replaced by the following:

                           ‘3.

                           The ECB shall select the suppliers invited to participate in the tender procedure either from among the tenderers admitted to a dynamic purchasing system or, where no such system is in place, from a list of suitable suppliers drawn up following a call for expression of interest. Where no such list is established, the ECB shall select the suppliers to be invited at its own discretion, on the basis of a proper market analysis, taking account of any possible cross-border interest, confirming the suppliers' suitability and their interest in participating in the procedure. The market analysis may include a publication of the contract opportunity in an electronic procurement system. Alternatively, the ECB may publish a contract notice on its website or using other appropriate media. In that case, the suppliers invited to participate in the tender procedure shall be selected on the basis of the responses received. Other suppliers that meet the same criteria may also be invited to participate in the tender procedure.’;

               7.

               in Article 35, point 4 is replaced by the following:

                           ‘4.

                           If the value of a service contract referred to in Article 6(2) net of VAT exceeds or is equal to EUR 750 000, the ECB shall publish a contract notice in the Official Journal. The suppliers invited to participate in the tender procedure shall be selected on the basis of the responses received. Other suppliers that meet the same criteria may also be invited to participate in the tender procedure.’;

               8.

               in Article 41, the first sentence of paragraph 2 is replaced by the following:
               ‘Tender procedures that were started before the entry into force of this Decision shall be completed in accordance with Decision ECB/2007/5.’.

         Article 2
   Entry into force
   This Decision shall enter into force on 1 July 2016.

      Done at Frankfurt am Main, 7 June 2016.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 80, 18.3.2004, p. 33.

      (2)  Decision (EU) 2016/245 of the European Central Bank of 9 February 2016 laying down the rules on procurement (ECB/2016/2) (OJ L 45, 20.2.2016, p. 15).