Important legal notice

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52007DP0209

European Parliament decision of 24 May 2007 on the verification of credentials of Mr Beniamino Donnici (2007/2121(REG))

Official Journal 102 E , 24/04/2008 P. 0446 - 0448

		P6_TA(2007)0209Verification of credentials of Mr Beniamino DonniciEuropean Parliament decision of 24 May 2007 on the verification of credentials of Mr Beniamino Donnici (2007/2121(REG))The European Parliament,- having regard to the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage [1],- having regard to Rules 3, 4 and 9 of and Annex I to its Rules of Procedure,- having regard to the official communication from the Italian authorities concerning the election to the European Parliament of Mr Beniamino Donnici,- having regard to the contestation of the validity of the election to the European Parliament of Mr Beniamino Donnici received from Mr Achille Occhetto on 25 March 2007,- having regard to the report of the Committee on Legal Affairs (A6-0198/2007),A. whereas paragraphs 1 and 2 of Article 7 of the Act of 20 September 1976 enumerate the positions which are incompatible with membership of the European Parliament,B. whereas under Rule 9 of the Rules of Procedure and Annex I thereto, Members of the European Parliament are obliged to make a declaration clearly specifying their professional activities and any other paid position or activity,C. whereas Rule 3(5) of the Rules of Procedure states: "Where the appointment of a Member is due to the withdrawal of candidates from the same list, the committee responsible for the verification of credentials shall ensure that such withdrawals have taken place in accordance with the spirit and the letter of the Act of 20 September 1976 and Rule 4(3)",D. whereas national provisions concerning the European electoral procedure must be in keeping with the fundamental principles of the Community legal system, Community primary law and the spirit and letter of the Act of 1976; whereas, therefore, the competent national legislative, administrative and judicial authorities, when applying and/or interpreting their national provisions on the European electoral procedure, cannot fail to take due account of the principles of Community electoral law,E. whereas the compatibility of Mr Achille Occhetto's withdrawal with the letter and spirit of the Act of 1976 must be evaluated in the light of Article 6 of that Act, which states that Members of the European Parliament "shall not be bound by orders or instructions", thus defining the freedom and independence of Members as an authentic key principle,F. whereas the Statute for Members of the European Parliament (which will be in force from 2009) states in its Article 2(1) that "Members shall be free and independent", while the second paragraph of the same article, clearly deriving from the first paragraph, adds: "Agreements concerning the resignation from office of a Member before or at the end of a parliamentary term shall be null and void",G. whereas those provisions of the Statute merely spell out the principle of freedom and independence already contained in the Act of 1976, which are explicitly endorsed by the Statute for the protection of Parliament and its Members,H. whereas, although it will not enter into force until the start of the next parliamentary term in 2009, the Statute for Members of the European Parliament is, as the Community legal system currently stands, an instrument of primary law, adopted by the European Parliament with the unconditional approval of the Council and duly published in the Official Journal of the European Union,I. whereas the European Parliament and the national authorities responsible for implementing and/or interpreting national provisions on the European electoral procedure must take due account of the principles and provisions of the Statute for Members and must — among other things, in keeping with the principle of loyal cooperation established in Article 10 of the EC Treaty — refrain from adopting measures or provisions that are clearly at odds with that Statute,J. whereas the principles and provisions of the Statute for Members unquestionably form part of the principles which are referred to in Article 6 of the Treaty on European Union and on which the European Union is founded (including the principles of democracy and the rule of law) and which it must respect as general principles of Community law,K. whereas the legal scope of Article 6 of the Act of 1976 includes candidates who are officially on a post-electoral list, this being in Parliament's interest since such candidates are potential Members of the European Parliament,L. whereas Mr Achille Occhetto's withdrawal arises from an agreement, made prior to the proclamation of those elected in the elections to the European Parliament of 12 and 13 June 2004, with the other member of the list "Società civile Di Pietro-Occhetto", and should therefore be regarded as incompatible with the letter and spirit of the Act of 1976 and, consequently, as null and void,M. whereas if Mr Achille Occhetto's withdrawal is to be regarded as null and void, then the mandate of his successor Beniamino Donnici cannot be justified in law or in fact,N. whereas, in a decision of 21 July 2006, the Lazio Regional Administrative Tribunal (the court of first instance in the matter) ruled that Mr Achille Occhetto's withdrawal, made before the proclamation of the names of those elected, could not be regarded as a withdrawal from his position on the postelectoral list, on the grounds that respect for the will of the people requires that the election results cannot be altered, and that it is without effect as regards the adoption of any possible acts of substitution in cases of incompatibility, loss of civil rights, ineligibility or resignation from an appointment or position on the part of those originally entitled thereto; whereas it follows that a candidate who does not wish to take up the position to which he has been elected has the right, where the conditions for substitution apply, to cancel his own withdrawal with a view to occupying the place to be covered by means of substitution,O. whereas the Italian Council of State, in a final judicial ruling, annulled the proclamation of Mr Achille Occhetto's election to the European Parliament,P. whereas under Article 12 of the Act of 1976 it is the European Parliament — and the European Parliament alone — that verifies the credentials of its Members elected by universal suffrage; whereas this fundamental prerogative of the European Parliament may not be challenged or, still less, invalidated by a decision adopted by national authorities in clear breach of the relevant rules and principles of Community law, even if that decision was finally adopted by the supreme judicial body of the relevant State, as was the case with the ruling of the Italian Council of State that is at issue here; whereas in its case-law the Court of Justice has confirmed the validity of this prerogative, including vis-à-vis final national rulings handed down in breach of Community law, and has found against the State,Q. whereas Parliament may legitimately both refuse to validate the mandate of Mr Beniamino Donnici and ignore the decision of the Italian Council of State on the grounds that it contradicts the letter and spirit of the Act of 1976, thus upholding the mandate of Mr Achille Occhetto;1. Declares the mandate as Member of the European Parliament of Mr Beniamino Donnici, whose election was communicated by the national authorities, to be invalid;2. Confirms the validity of the mandate of Mr Achille Occhetto;3. Instructs its President to forward this decision to the Italian national authorities, to Mr Beniamino Donnici and to Mr Achille Occhetto.[1] OJ L 278, 8.10.1976, p. 5. Act as last amended by Decision 2002/772/EC, Euratom (OJ L 283, 21.10.2002, p. 1).--------------------------------------------------


title: Decision (EU) 2015/1870 of the European Parliament and of the Council of 6 October 2015 on the mobilisation of the European Globalisation Adjustment Fund (application from Italy — EGF/2015/004 IT/Alitalia)

text:
               20.10.2015

               EN

               Official Journal of the European Union

               L 275/26

         DECISION (EU) 2015/1870 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 6 October 2015
   on the mobilisation of the European Globalisation Adjustment Fund (application from Italy — EGF/2015/004 IT/Alitalia)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1), and in particular Article 15(4) thereof,
   Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) aims to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market.

               (2)

               The EGF is not to exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Council Regulation (EU, Euratom) No 1311/2013 (3).

               (3)

               On 24 March 2015, Italy submitted an application EGF/2015/004 IT/Alitalia for a financial contribution from the EGF, following redundancies in Gruppo Alitalia (4) in Italy. It was supplemented by additional information in accordance with Article 8(3) of Regulation (EU) No 1309/2013. That application complies with the requirements for determining a financial contribution from the EGF as laid down in Article 13 of Regulation (EU) No 1309/2013.

               (4)

               The EGF should, therefore, be mobilised in order to provide a financial contribution of EUR 1 414 848 in respect of the application submitted by Italy.

               (5)

               In order to minimise the time taken to mobilise the EGF, this Decision should apply from the date of its adoption,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2015, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 1 414 848 in commitment and payment appropriations.
   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 6 October 2015.

      Done at Strasbourg, 6 October 2015.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         N. SCHMIT

      (1)  OJ L 347, 20.12.2013, p. 855.

      (2)  OJ C 373, 20.12.2013, p. 1.

      (3)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).

      (4)  Alitalia Compagnia Aerea Italiana S.p.A. and Air One S.p.A. (CAI First S.p.A., CAI Second S.p.A. and Alitalia Loyalty).


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32001D1411

Decision No 1411/2001/EC of the European Parliament and of the Council of 27 June 2001 on a Community Framework for cooperation to promote sustainable urban development

Official Journal L 191 , 13/07/2001 P. 0001 - 0005

Decision No 1411/2001/EC of the European Parliament and of the Councilof 27 June 2001on a Community Framework for cooperation to promote sustainable urban developmentTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 175(1) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Having regard to the opinion of the Committee of the Regions(3),Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),Whereas:(1) The Treaty provides for the development and implementation of a Community environment policy and sets out the objectives and principles which should guide that policy.(2) By adopting Decision No 2179/98/EC of the European Parliament and of the Council(5), the Community confirmed its commitment to the general approach and strategy chosen by the Commission in its Programme "Towards Sustainability"(6).(3) Many of the Community's international commitments, in particular with regard to action to combat climate change, can be implemented only with the cooperation of local authorities.(4) In its communication entitled "Sustainable urban development in the European Union: a framework for action" of 28 October 1998, the Commission gave an undertaking to provide "continued support for local government networking activities" and to "ensure an appropriate legal basis necessary to fund such activities on a multiannual basis".(5) The European Parliament has adopted resolutions(7) on strengthening European Union urban environment policy.(6) The Committee of the Regions has adopted opinions on transfrontier and transnational cooperation between local authorities(8) and on the Commission communication "Towards an urban agenda in the European Union"(9).(7) The Fifth Environmental Action Programme recognises that all the players concerned, including the Commission and local authorities, should take concerted action, acting in partnership, to achieve the objective of sustainable development and share the relevant responsibilities.(8) Chapter 28 of Agenda 21, which was the subject of the Protocol signed at the Earth Summit in Rio in 1992, stipulates that most local authorities in each country should undertake a consultative process with their populations and should achieve a consensus on a local Agenda 21 for the community.(9) The objectives of sustainable urban development and the implementation of Agenda 21 and Community legislation necessitate the definition, development and exchange of good practices between local authorities and the raising of their awareness.(10) The capacity of local authority networks should be strengthened at European level, good practices in the fields of sustainable urban development and local Agenda 21 should be developed and exchanged, and these activities should be coordinated in order to relay to the Commission information and opinions from local authorities on new and emerging prospects in areas relating to sustainable development.(11) Since the objectives of the proposed action, namely the exchange of good practices on a European scale and the raising of the awareness of local authorities by means of European networks, cannot be sufficiently achieved by the Member States and can therefore be better achieved at Community level, the Community may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary in order to achieve those objectives.(12) The priority areas of activity that the Community cooperation framework could support should be defined.(13) Effective monitoring and assessment methods need to be established and appropriate information provided for potential beneficiaries and the public.(14) Implementation of the cooperation framework should be assessed in the light of the experience gained during the first few years of implementation, and the European Parliament and the Council informed thereof.(15) This Decision establishes a financial framework for the entire duration of the programme which is to be the principal point of reference for the budgetary authority, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure.(10)(16) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(11),HAVE DECIDED AS FOLLOWS:Article 1A Community framework for cooperation (hereinafter referred to as the "cooperation framework") is hereby established in order to provide financial and technical support to networks of local authorities organised in at least four Member States, and including when appropriate cities and towns in the countries referred to in Article 8, with the objective of encouraging the conception, exchange and implementation of good practices in the following fields:- implementation at local level of EU environmental legislation,- sustainable urban development,- local Agenda 21.The main partners shall be the Commission, networks of local authorities, organised urban multi-stakeholders, community networks such as NGOs, universities and other actors, organised at European level.Article 21. The types of activity eligible for Community support under this cooperation framework are defined in the Annex.2. The Commission may provide support to any network of local authorities as defined in Article 1 or, in the case of the accompanying measures mentioned in part C of the Annex, to other beneficiaries who wish to develop such activities.3. Community support shall relate to activities scheduled to take place in the course of the year to which the financial contribution relates and/or the following two years.4. The indicative breakdown of the financial support between the types of activity is given in the Annex.Article 3The Commission shall, in accordance with the procedure laid down in Article 11(2), assess and select from among the proposals submitted the projects to be financed on the priority themes referred to in Article 4.Article 41. The Commission shall publish in the Official Journal of the European Communities a notice describing the priority themes under which projects shall be financed and setting out the selection and award criteria and the application and approval procedures.2. Proposals for projects to be financed shall be submitted to the Commission by the network of local authorities as defined in Article 1 and, for the types of activities indicated in part C of the Annex, by other eligible beneficiaries.3. The calls for proposals for projects under this cooperation framework shall be announced in the Official Journal of the European Communities every year by 31 January. After an assessment of these proposals, the Commission shall decide by 31 May which projects it will finance. The decision on the projects to be financed shall give rise to the conclusion, with the beneficiaries responsible for implementation, of a contract governing the rights and obligations of the partners.4. A list of the beneficiaries and projects financed through this cooperation framework shall, together with an indication of the amount of aid, be made public.Article 5The Commission shall ensure consistency, complementarity and synergy between the Community activities and projects to implement this cooperation framework and other Community programmes and initiatives, in particular the URBAN initiative referred to in Article 20 of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(12). Projects financed under other Community programmes and funds shall not be eligible for funding under this cooperation framework.Article 61. This cooperation framework shall start on 1 January 2001 and shall end on 31 December 2004. The financial framework for the implementation of this cooperation framework for the period 2001-2004 shall be EUR 14 million.The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.2. Financial support of EUR 350000 or more may be obtained only if the beneficiary's accounts for the previous year have been certified by a registered auditor. The accounts for the period during which the subsidy is used shall also be certified by a registered auditor.Financial support amounting to less than EUR 350000 may be obtained only if the beneficiary's accounts are available in a form recognised by the Commission for the preceding year and are presented in that form for the period during which the subsidy is used.Article 7The projects shall contribute towards the objectives mentioned in Article 1 and shall be selected on the basis of the following general criteria:(a) a sound cost-benefit ratio;(b) a lasting multiplier effect at European level;(c) effective and balanced cooperation among the various partners with regard to programming and carrying out activities, and financial participation;(d) a share of financial participation;(e) a contribution to a multinational approach, and in particular to transfrontier cooperation within the Community and, where appropriate, beyond its frontiers with neighbouring countries;(f) a contribution to an integrated multisectoral approach and to sustainable urban development, taking into account its social, economic and environmental dimensions;(g) the degree of involvement of all the partners, including the representatives of civil society;(h) a contribution to strengthening and revitalising public services of general interest.Article 8This cooperation framework shall be open to participation by networks of local authorities including cities and towns in Central and Eastern European Countries, Cyprus and Malta, as well as in other countries which have concluded association agreements with the Community.Article 91. In order to ensure the success of the activities carried out by the beneficiaries of Community support, the Commission shall take the necessary measures to:(a) verify that activities proposed to the Commission have been carried out properly;(b) prevent and take action against irregularities;(c) recover, where appropriate, sums improperly received.2. Without prejudice to the financial audit carried out by the Court of Auditors pursuant to Article 248 of the Treaty or inspections carried out pursuant to point (c) of Article 279 of the Treaty, officials and other staff of the Commission may carry out on-the-spot checks, including sample checks, on activities funded in this cooperation framework.The Commission shall inform beneficiaries in advance of any on-the-spot check, unless there are good reasons to suspect fraud or improper use of the aid.3. Beneficiaries of financial support shall keep available for the Commission all supporting documents regarding expenditure on an activity for a period of five years following the last payment in respect of that activity. These may also be held in electronic format.Article 101. The Commission may reduce, suspend or recover the financial support granted through a contract if it finds irregularities or if it learns that the contract has been subject to a change, without its approval, which conflicts with the agreed objectives or implementing conditions.2. If the deadlines have not been observed or if only part of the financial support allocated is justified by the progress with implementation of a contract, the Commission shall request the beneficiary to submit any explanations within a specified period. If the beneficiary does not provide a satisfactory answer, the Commission may cancel the remaining financial aid and demand prompt repayment of sums already paid. The Commission undertakes to carry out a thorough and speedy evaluation of such explanations.3. Beneficiaries shall submit to the Commission annual progress reports for contracts of more than one year and a financial report for each contract within six months of its completion. The Commission shall determine the form and content of the reports. If the reports are not submitted within the time-limits laid down, the beneficiary shall no longer be eligible for subsequent funding under this Decision. The Commission undertakes to evaluate the reports within a reasonable time-limit to avoid unnecessary delays in payments.4. Any undue payment shall be repaid to the Commission. Interest may be added to sums not repaid in good time. The Commission shall lay down the detailed rules for implementing this paragraph.Article 111. The Commission shall be assisted by an advisory committee.2. Where reference is made to this paragraph, Articles 3 and 7 of Council Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.3. The committee shall adopt its rules of procedure.Article 12The Commission shall assess the implementation of this cooperation framework and shall submit a report in this connection to the European Parliament and to the Council no later than 31 March 2003.Article 13This Decision shall apply from 1 January 2001 to 31 December 2004.Done at Luxembourg, 27 June 2001.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentB. Rosengren(1) OJ C 56 E, 29.2.2000, p. 68.(2) OJ C 204, 18.7.2000, p. 35.(3) OJ C 317, 6.11.2000, p. 33.(4) Opinion of the European Parliament of 14 December 2000 (not yet published in the Official Journal) and Council Decision of 18 June 2001.(5) OJ L 275, 10.10.1998, p. 1.(6) OJ C 138, 17.5.1993, p. 5.(7) OJ C 226, 20.7.1998, pp. 34 and 36 andOJ C 279, 1.10.1999, p. 44.(8) OJ C 51, 22.2.1999, p. 21.(9) OJ C 251, 10.8.1998, p. 11.(10) OJ C 172, 18.6.1999, p. 1.(11) OJ L 184, 17.7.1999, p. 23.(12) OJ L 161, 26.6.1999, p. 1.ANNEX>TABLE>


title: 2013/17/EU: Decision of the European Parliament and of the Council of 12 December 2012 on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/026 IT/Emilia-Romagna Motorcycles from Italy)

text:
               12.1.2013

               EN

               Official Journal of the European Union

               L 8/16

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 12 December 2012
   on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2011/026 IT/Emilia-Romagna Motorcycles from Italy)
   (2013/17/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

               (2)

               The scope of the EGF was broadened for applications submitted from 1 May 2009 to 30 December 2011 to include support for workers made redundant as a direct result of the global financial and economic crisis.

               (3)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

               (4)

               Italy submitted an application on 30 December 2011 to mobilise the EGF in respect of redundancies in 10 enterprises operating in division 30 of NACE Revision 2 (Manufacture of other transport equipment) in the NUTS II region of Emilia-Romagna (ITH5) in Italy and supplemented it by additional information, the last of which was supplied on 10 September 2012. This application complies with the requirements for determining the financial contributions set out in Article 10 of Regulation (EC) No 1927/2006. The Commission therefore proposes to mobilise an amount of EUR 2 658 495.

               (5)

               The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by Italy,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2012, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 2 658 495 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 12 December 2012.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 406, 30.12.2006, p. 1.


Avis juridique important

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31997D0340

97/340/JHA: Council Decision of 26 May 1997 on the exchange of information concerning assistance for the voluntary repatriation of third-country nationals

Official Journal L 147 , 05/06/1997 P. 0003 - 0004

COUNCIL DECISION of 26 May 1997 on the exchange of information concerning assistance for the voluntary repatriation of third-country nationals (97/340/JHA)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Article K.3 (2) (a) thereof,Whereas Article K.1 (3) of the Treaty on European Union states that the Member States shall regard immigration policy and policy regarding nationals of third countries as matters of common interest;Whereas point 111 of the Communication by the Commission dated 23 February 1994 on immigration and asylum policy suggests that Member States' policies on the voluntary return of third-country nationals be approximated;Whereas a number of Member States have established programmes to support the voluntary return of legally as well as illegally resident third-country nationals;Whereas, in the case of legally resident third-country nationals, Member States' policies should aim at their integration into society and whereas assistance for voluntary return should not be interpreted as reflecting a policy of actively encouraging such return, but is purely designed to facilitate return of those who have taken a decision of their own free will to this effect;Whereas assistance for the voluntary return of illegally resident third-country nationals is in line with the European humanitarian tradition and may contribute to finding a dignified solution to reducing the number of illegally resident third-country nationals in the Member States; whereas it should be avoided that such assistance leads to undesired incentive effects;Whereas this Decision is without prejudice to the provisions of the European Convention for the Protection of Human Rights and Fundamental Freedoms of 4 November 1950 and the Geneva Convention of 28 July 1951 relating to the Status of Refugees, as amended by the New York Protocol of 31 January 1967,HAS DECIDED AS FOLLOWS:Article 1 Information exchange1. Those Member States which have taken steps to develop programmes to support the voluntary return of third-country nationals to their country of origin shall report annually on them to the General Secretariat of the Council. The General Secretariat shall circulate such information to all Member States and the Commission.2. Information on these national return programmes shall, in particular, include the following information:- the authorities responsible for carrying out the programme, i.e. non-governmental and/or international organizations;- the scope of the programme in terms of the persons covered;- any further requirements to be met by individual returnees in order to be considered for assistance under the programme;- any requirements to be met by the country of origin under the programme;- the type and level of assistance granted (e.g. travel expenses for the returnee and his/her family, removal costs, repatriation allowance);- estimate of the effects of the programme, including the number of beneficiaries and the occurrence of any incentive effects.Article 2 Analysis1. The General Secretariat of the Council shall make available annually to Member States and the Commission a draft report on the information received on the basis of Article 1. This report shall be exhaustive in nature and shall contain specific information on each of the points listed in Article 1 (2).2. The draft report referred to in paragraph 1 shall be examined by the Member States concerned and the Commission and adjusted if necessary.Article 3 Coordination1. On the basis of the draft report referred to in Article 2 (1), Member States concerned and the Commission shall, within the Council, exchange their views on the programmes referred to in Article 1. In so doing, they shall, in particular, compare the scope, conditions and effects of those programmes with a view to their possible approximation.2. The Member States concerned which have not introduced these programmes shall examine the results and usefulness thereof.Article 41. This Decision shall be published in the Official Journal.2. The Member States concerned shall draw up the report mentioned in Article 1 for the first time within six months of the publication of this Decision in the Official Journal.Dont at Brussels, 26 May 1997.For the CouncilThe PresidentW. SORGDRAGER


title: Council Decision (Euratom) 2015/1990 of 26 October 2015 approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Agreement continuing the International Science and Technology Center

text:
               6.11.2015

               EN

               Official Journal of the European Union

               L 290/8

         COUNCIL DECISION (EURATOM) 2015/1990
   of 26 October 2015
   approving the conclusion, by the European Commission, on behalf of the European Atomic Energy Community, of the Agreement continuing the International Science and Technology Center
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 4 and the second paragraph of Article 101 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 21 October 2013, the Council authorised the Commission to open negotiations for the establishment of an Agreement continuing the International Science and Technology Center between the European Union and the European Atomic Energy Community (‘Euratom’) acting as one Party, Georgia, Japan, the Kingdom of Norway, the Kyrgyz Republic, the Republic of Armenia, the Republic of Kazakhstan, the Republic of Korea, the Republic of Tajikistan, and the United States of America (‘the Agreement’).

               (2)

               Those negotiations have been successfully completed and the Agreement was initialled on 22 June 2015.

               (3)

               The Agreement also covers matters falling under competences of Euratom.

               (4)

               The signing of the Agreement is subject to a separate procedure as regards matters falling under the Treaty on European Union and Treaty on the Functioning of the European Union.

               (5)

               The conclusion of the Agreement by the Commission, acting on behalf of Euratom, should be approved as regards matters falling within the competence of Euratom,

         HAS ADOPTED THIS DECISION:
   Article 1
   The conclusion by the European Commission, on behalf of the European Atomic Energy Community, of the Agreement continuing the International Science and Technology Center is hereby approved (1).
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 26 October 2015.

            For the Council

            The President

         F. MOGHERINI

      (1)  The text of Agreement will be attached to the Council Decision on the conclusion, on behalf of the Union, of the Agreement continuing the International Science and Technology Center.


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31993D0381

93/381/EEC: Commission Decision of 1 July 1993 accepting a modified version of the undertaking offered by the Royal Thai Government in connection with the countervailing duty proceeding concerning imports of ball bearings with a greatest external diameter not exceeding 30 mm, originating in Thailand

Official Journal L 163 , 06/07/1993 P. 0035 - 0037 Finnish special edition: Chapter 11 Volume 22 P. 0065  Swedish special edition: Chapter 11 Volume 22 P. 0065

COMMISSION DECISION of 1 July 1993 accepting a modified version of the undertaking offered by the Royal Thai Government in connection with the countervailing duty proceeding concerning imports of ball bearings with a greatest external diameter not  exceeding 30 mm, originating in Thailand(93/381/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Articles 10 and 14 thereof,  After consultations within the Advisory Committee as provided for under the above Regulation,  Whereas:  A. PREVIOUS PROCEDURE  (1) In June 1988 the Commission initiated an anti-subsidy proceeding concerning of certain ball bearings originating in Thailand (2), following a complaint lodged by the Federation of European Bearing Manufacturers' Associations  (Febma). The product has been defined as ball bearings with a greatest external diameter not exceeding 30 mm (hereafter referred to as 'ball bearings') originating in Thailand.  (2) The Commission found that the above imports were being subsidized and were causing material injury to the Community industry. In the light of those findings, the Royal Thai Government offered an undertaking to eliminate the effect of the subsidy.  The undertaking involved the levying of an export tax of Baht 1,76, equivalent to the amount of countervailable subsidy found, for each ball bearing exported to the Community.  (3) In June 1990, by Decision 90/266/EEC (3), the Commission accepted the undertaking offered and terminated the investigation.  B. DEVELOPMENTS SINCE ACCEPTANCE OF UNDERTAKING  (4) Subsequent verifications carried out by the Commission demonstrated that both the Royal Thai Government and the exporters located in Thailand have complied with the terms of the undertaking. In  particular, the export tax was being collected on all ball bearings of Thai origin which are exported direct from Thailand to the Community.  (5) However, notwithstanding the above, it came to the notice of the Commission that certain ball bearings manufactured in Thailand, exported to independent customers in a third country, were subsequently re-shipped to the Community. Since the original  destination of those exports was not the Community, export tax was not collected by the Thai authorities on such indirect imports.  C. REOPENING OF INVESTIGATION  (6) Since it had become apparent that a review of Decision 90/266/EEC was warranted, the Commission, after consultation, reopened the investigation with a view to considering the imposition of a countervailing duty on  imports of all ball bearings originating in Thailand on which no export tax had been levied in order to eliminate fully the injurious effect of the subsidy on the Community industry. Since a new investigation was necessary for this purpose, the  Commission decided to recalculate, at the same time, the amount of export tax required to eliminate the effect of the subsidy.  (7) In July 1992 the Commission announced, by a notice published in the Official Journal of the European Communities (4), the reopening of the investigation in the countervailing duty proceeding concerning imports into the Community of ball bearings  with external diameter not exceeding 30 mm. The product concerned corresponds to CN code 8482 10 10.  (8) The Commission officially advised the Royal Thai Government, the exporters and importers known to be concerned, as well as the complainant in the original investigation (Febma) and gave the parties directly concerned the opportunity to make their  views known in writing and to request a hearing. The Royal Thai Government, the exporters located in Thailand and the Community producers, represented by Febma, made their views known in writing.  (9) The Commission sought and verified all information it deemed to be necessary for the purposes of a determination and carried out an investigation at the premises of the following:  (a) Royal Thai Government Department of Foreign Trade, Bangkok,  Board of Investment, Bangkok;  (b) Thai exporters NMB Thai Ltd, Ayutthaya, Thailand,  Pelmec Thai Ltd, Bang Pa-In, Thailand,  NMB Hi-Tech Ltd, Bang Pa-In, Thailand.  All these companies are wholly-owned subsidiaries of Minebea Co. Ltd, Japan D. RESULT OF REVIEW INVESTIGATION AS REGARDS INDIRECT IMPORTS  (10) In March 1993, the Commission, by Regulation (EEC) No 527/93 (5), imposed a provisional countervailing duty of 13,4 % on imports of ball bearings originating in Thailand but not  directly exported from that country. The purpose of the duty is to prevent further injury to the Community industry during the proceeding by imports which avoid the export tax, pending the completion of the Commission's recalculation of the subsidy  amount.  E. RESULT OF REVIEW INVESTIGATION AS REGARDS THE AMOUNT OF SUBSIDY  (11) The Royal Thai Government and the exporters made submissions with regard to the amount of countervailable subsidy granted during a period of one year immediately prior to the  initiation of the review. The Commission's investigation revealed that the situation was as follows:  (a) Rebate of indirect taxes on domestically purchased inputs; electricity rebates for exporters (12) It was established that the two abovementioned rebates, which had been found during the original investigation to be countervailable export subsidies were no longer available to the exporters. There are consequently no subsidies granted under these  headings.  (b) Exemption from corporate income tax (13) The certificates of promotion issued to NMB Thai and Pelmec Thai continue to exempt those companies from corporate income tax under the same conditions as are described in Decision 90/266/EEC.  NMB Hi-Tech, which had not yet begun production during the original investigation period, is a related company to NMB Thai and Pelmec Thai and receives certificates of promotion on a similar basis to these two companies, also entitling it to complete  exemption from corporate income tax.  (14) The Commission is satisfied that the corporate income tax exemption remains a countervailable subsidy for all exporters.  (c) Customs duty and indirect tax exemption on imports of machinery and essential materials (15) The certificates of promotion issued to NMB Thai and Pelmec Thai continue to confer exemption from the payment of customs duty on imports of machinery and essential materials under the same conditions as are described in Decision 90/266/EEC. NMB  Hi-Tech also benefits from such an exemption, as it receives certificates of promotion on a similar basis to NMB Thai and Pelmec Thai. The Commission is satisfied that the exemption from customs duty on machinery and essential materials remains a  countervailable subsidy for all exporters.  (16) In the original investigation, the Commission determined that the exemption from payment of business tax and municipal tax on imported machinery and essential materials was a countervailable subsidy.  On 1 January 1992 Thailand abolished the business and municipal tax and replaced it with value-added tax on their imports of essential materials and, following a period of transition, will shortly begin paying it on imported machinery.  The value-added tax system in Thailand operates in a similar way to that of the Community, and in particular, is neutral in its effect as regards domestic and export sales.  In those circumstances, the Commission concludes that, as a result of the abolition of the business tax and municipal tax, there is no longer an element of countervailable subsidy in respect of the exemption from payment of those taxes.  (d) Calculation of subsidy amount (17) The amount of countervailable subsidy was calculated using the method employment in Decision 90/266/EEC. On this basis, the value of the subsidies was as follows (in million baht):  - corporate income tax exemption: 373,  - import duty exemption: 352,  - total amount of subsidy: 725.  (18) When expressed as an amount per ball bearing exported from Thailand, and then weighted according to the relative volume of exports of each Thai producer to the Community, the subsidy is equivalent to Baht 0,91 per piece.  (19) The Royal Thai Government, the exporters and the complainant in the original investigation were all informed of the facts on which those findings had been based, and were granted an opportunity to comment.  F. MODIFICATION OF UNDERTAKING  (20) The Royal Thai Government has offered the Commission a modified undertaking in which the rate of the export tax levied on ball bearings exported to the European Community has been adjusted to Baht 0,91 per unit. The  Commission is satisfied in view of its findings that this rate is sufficient to continue to eliminate the effect of the subsidy, and therefore accepts this modified version of the undertaking offered by the Royal Thai Government.  (21) The modified version of the undertaking applies only to ball bearings of Thai origin exported direct from Thailand to the Community. Ball bearings of Thai origin imported into the Community via third countries will be subject to the definitive  countervailing duty of 6,7 % imposed by Council Regulation (EEC) No 1781/93 (6) in order to safeguard the effectiveness of the undertaking and to prevent the evasion of the export tax as referred to in recital 5.  (22) The proposal met with no objection from the Advisory Committee,  HAS DECIDED AS FOLLOWS:  Sole Article  A modified version of the undertaking given by the Royal Thai Government in connection with the countervailing duty preceeding concerning imports of ball bearings with a greatest external diameter not exceeding 30 mm originating in  Thailand is hereby accepted.  Done at Brussels, 1 July 1993.  For the Commission Leon BRITTAN Member of the Commission (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No C 147, 4. 6. 1988, p. 4.  (3) OJ No L 152, 16. 6. 1990, p. 59.  (4) OJ No C 182, 18. 7. 1992, p. 6.  (5) OJ No L 56, 9. 3. 1993, p. 24.  (6) See page 1 of this Official Journal.


title: 2014/352/EU: Council Decision of 21 May 2014 designating the European Capital of Culture for the year 2018 in the Netherlands

text:
               14.6.2014

               EN

               Official Journal of the European Union

               L 175/26

         COUNCIL DECISION
   of 21 May 2014
   designating the European Capital of Culture for the year 2018 in the Netherlands

      (2014/352/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Decision No 1622/2006/EC of the European Parliament and of the Council of 24 October 2006 establishing a Community action for the European Capital of Culture event for the years 2007 to 2019 (1), and in particular to Article 9(3) thereof,
   Having regard to the recommendation from the European Commission,
   Having regard to the selection panel's report of September 2013 regarding the selection process of the European Capital of Culture in the Netherlands,
   Whereas:
   Considering that the criteria referred to in Article 4 of Decision No 1622/2006/EC are entirely fulfilled,
   HAS ADOPTED THIS DECISION:
   Article 1
   Leeuwarden is designated as ‘European Capital of Culture 2018’ in the Netherlands.
   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 21 May 2014.

            For the Council

            The President

         A. KYRIAZIS

      (1)  OJ L 304, 3.11.2006, p. 1.


Avis juridique important

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31999D0120

1999/120/EC: Commission Decision of 27 January 1999 drawing up provisional lists of third country establishments from which the Member States authorise imports of animal casings (notified under document number C(1999) 196) (Text with EEA relevance)

Official Journal L 036 , 10/02/1999 P. 0021 - 0047

COMMISSION DECISION of 27 January 1999 drawing up provisional lists of third country establishments from which the Member States authorise imports of animal casings (notified under document number C(1999) 196) (Text with EEA relevance) (1999/120/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Decision 95/408/EC of 22 June 1995 on the conditions for drawing up, for an interim period, provisional lists of third country establishments from which Member States are authorised to import certain products of animal origin, fishery products or live bivalve molluscs (1), as last amended by Council Decision 98/603/EC (2), and in particular Article 2(4) and Article 7 thereof,Whereas Council Directive 92/118/EEC (3), as last amended by Directive 97/79/EC (4), lays down that animal casings can be imported from any third country;Whereas Council Directive 77/99/EEC (5), as last amended by Council Directive 97/76/EC (6), lays down conditions governing the production, placing on the market and import of cleaned, salted or dried and/or heated stomachs, bladders and intestines;Whereas, for third countries the health and veterinary certification requirements for importation of animal casings have been laid down in Commission Decision 94/187/EC (7), as last amended by Decision 96/106/EC (8);Whereas the Commission has received from certain third countries lists of establishments, with guarantees that they fully meet the appropriate Community health requirements and that should an establishment fail to do so its export activities to the European Community will be suspended;Whereas the Commission has been unable to ascertain in all the third countries concerned the compliance of their establishments with the Community requirements and the validity of the guarantees provided by the competent authorities;Whereas, the period during which Member States were able to continue to import animal casings from the establishments they have recognised would expire on 31 December 1998;Whereas on the expiry of that period third countries which have not transmitted their lists of establishments in accordance with the Community rules would no longer be permitted to export animal casings to the Community;Whereas provisional lists of establishments producing animal casings can thus be drawn up in accordance with the procedure laid down in Decision 95/408/EC in respect of certain countries;Whereas however some third countries have not sent their establishment lists in time and due to technical problems the establishment of a health certificate is delayed; whereas it is therefore necessary to grant as a transitional measure an additional period to import casings, stomachs and bladders from these third countries in order not to interrupt trade; whereas in this event, the competent authority of the third countries concerned must certify that the casings, stomachs and bladders have been produced under appropriate hygienic conditions;Whereas the measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 1 1. The Member State shall authorise imports of animal casings from the establishments listed in the Annex hereto.2. Imports of animal casings shall remain subject to the Community veterinary provisions adopted elsewhere.Article 2 Member States shall authorise imports of casings, stomachs and bladders from establishments in third countries not contained in the list referred to in the Annex, but for which the competent authority of the third country has certified that the casings, stomachs and bladders have been produced under appropriate hygienic conditions, for a transitional period until 31 March 1999.Article 3 This Decision shall apply from 1 January 1999.Article 4 This Decision is addressed to the Member States.Done at Brussels, 27 January 1999.For the CommissionFranz FISCHLERMember of the Commission(1) OJ L 243, 11. 10. 1995, p. 17.(2) OJ L 289, 28. 10. 1998, p. 36.(3) OJ L 62, 15. 3. 1993, p. 49.(4) OJ L 24, 30. 1. 1998, p. 31.(5) OJ L 26, 31. 1. 1977, p. 85.(6) OJ L 10, 16. 1. 1998, p. 25.(7) OJ L 89, 6. 4. 1994, p. 18.(8) OJ L 24, 31. 1. 1996, p. 34.ANEXO - BILAG - ANHANG - ÐÁÑÁÑÔÇÌÁ - ANNEX - ANNEXE - ALLEGATO - BIJLAGE - ANEXO - LIITE - BILAGA LISTA DE LOS ESTABLECIMIENTOS / LISTE OVER VIRKSOMHEDER / VERZEICHNIS DER BETRIEBE / ÊÁÔÁËÏÃÏÓ ÅÃÊÁÔÁÓÔÁÓÅÙÍ / LIST OF ESTABLISHMENTS / LISTE DES ÉTABLISSEMENTS / ELENCO DEGLI STABILIMENTI / LIJST VAN BEDRIJVEN / LISTA DOS ESTABELECIMENTOS / LUETTELO LAITOKSISTA / FÖRTECKNING ÖVER ANLÄGGNINGAR Producto: Estómagos, vejigas y tripas de animales / Produkt: Maver, dyreblærer og dyretarme / Erzeugnis: Mägen, Blasen und Därme von Tieren / Ðñïúüí: óôïìÜ÷éá êýóôåéò êáé Ýíôåñá / Product: Stomachs, bladders and intestines of animals / Produit: Estomacs, vessies et boyaux d'animaux / Prodotto: Stomaci, vesciche e budella di origine animale / Product: Magen, blazen en darmen van dieren / Produto: Estômagos, bexigas e tripas de animais / Tuote: Vatsalaukkuja, virtsarakkoja ja suolia / Varuslag: Magar, blåsor och tarmar >TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>>TABLE>


title: Political and Security Committee Decision (CFSP) 2015/956 of 17 June 2015 on the establishment of the Committee of Contributors for the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) (EUAM Ukraine/1/2015)

text:
               20.6.2015

               EN

               Official Journal of the European Union

               L 156/21

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2015/956
   of 17 June 2015
   on the establishment of the Committee of Contributors for the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) (EUAM Ukraine/1/2015)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision 2014/486/CFSP of 22 July 2014 on the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) (1), and in particular Article 10 thereof,
   Whereas:

               (1)

               Pursuant to Article 10(3) of Decision 2014/486/CFSP, the Council authorised the Political and Security Committee (‘PSC’) to take relevant decisions on the establishment of a Committee of Contributors (‘CoC’) for the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine).

               (2)

               The conclusions of the European Council of Göteborg of 15 and 16 June 2001 established guiding principles and arrangements for third States' contributions to police missions. On 10 December 2002, the Council approved the document entitled ‘Consultations and Modalities for the Contribution of non-EU States to EU civilian crisis management operations’ which further developed the arrangements for the participation of third States in civilian crisis management operations, including the establishment of a CoC.

               (3)

               The CoC should be a forum for discussing all problems relating to EUAM Ukraine management with the contributing third States. The PSC, which exercises the political control and strategic direction of EUAM Ukraine, should take account of the views expressed by the CoC,

         HAS ADOPTED THIS DECISION:
   Article 1
   Establishment and terms of reference
   1.   A Committee of Contributors (‘CoC’) for the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) is hereby established.
   2.   The terms of reference of the CoC are laid down in the document entitled ‘Consultations and Modalities for the Contribution of non-EU States to EU civilian crisis management operations’.
   Article 2
   Composition
   1.   The CoC shall be composed of the following members:

               —

               representatives of all Member States; and

               —

               representatives of third States participating in the mission and providing contributions.

         2.   A representative of the European Commission may also attend the CoC's meetings.
   Article 3
   Information from the Head of Mission
   The CoC shall regularly receive information from the Head of Mission.
   Article 4
   Chair
   The CoC shall be chaired by the High Representative of the Union for Foreign Affairs and Security Policy or by his or her representative.
   Article 5
   Meetings
   1.   The meetings of the CoC shall be convened by the Chair on a regular basis. Where circumstances require, emergency meetings may be convened on the Chair's initiative, or at the request of a member.
   2.   The Chair shall circulate in advance a provisional agenda and documents relating to the meeting. The Chair shall be responsible for conveying the outcome of the CoC's discussions to the PSC.
   Article 6
   Confidentiality
   1.   In accordance with Council Decision 2013/488/EU (2), the security rules laid down in that Decision shall apply to the meetings and proceedings of the CoC. In particular, representatives in the CoC shall possess adequate security clearance.
   2.   The deliberations of the CoC shall be covered by the obligation of professional secrecy, except in so far as the CoC unanimously decides otherwise.
   Article 7
   Entry into force
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 17 June 2015.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 217, 23.7.2014, p. 42.

      (2)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).


title: 2012/495/EU: Decision of the Representatives of the Governments of the Member States of 5 September 2012 appointing a judge to the General Court

text:
               6.9.2012

               EN

               Official Journal of the European Union

               L 240/6

         DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES
   of 5 September 2012
   appointing a judge to the General Court
   (2012/495/EU)
   THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 19 thereof,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 254 and 255 thereof,
   Whereas:

               (1)

               Pursuant to Articles 5 and 7 of the Protocol on the Statute of the Court of Justice of the European Union and following the resignation of Mr Enzo MOAVERO MILANESI, a judge should be appointed to the General Court for the remainder of Mr Enzo MOAVERO MILANESI's term of office, which runs until 31 August 2013.

               (2)

               Mr Guido BERARDIS has been proposed for the vacant post.

               (3)

               The panel set up by Article 255 of the Treaty on the Functioning of the European Union has given an opinion on Mr Guido BERARDIS's suitability to perform the duties of a judge of the General Court,

         HAVE ADOPTED THIS DECISION:
   Article 1
   Mr Guido BERARDIS is hereby appointed to the General Court as a judge for the period from 7 September 2012 to 31 August 2013.
   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 5 September 2012.

            The President

         K. KORNELIOU


Avis juridique important

|

41997D0034

The Schengen acquis - Decision of the Executive Committee of 15 December 1997 on the implementation of the Joint Action concerning a uniform format for residence permits (SCH/Com-ex (97) 34 rev.)

Official Journal L 239 , 22/09/2000 P. 0187 - 0187

DECISION OF THE EXECUTIVE COMMITTEEof 15 December 1997on the implementation of the Joint Action concerning a uniform format for residence permits(SCH/Com-ex (97)34 rev.)THE EXECUTIVE COMMITTEE,Having regard to Article 132(2) of the Convention implementing the Schengen Agreement, signed in Schengen on 19 June 1990 (hereinafter "the Schengen Convention"),Having regard to Article 134 of the abovementioned Convention,Having regard to the decision of the Central Group of 14 May 1997,Recalling the outcome of the Central Group meeting of 28 October 1997,HAS DECIDED AS FOLLOWS:The Schengen States shall endeavour to implement the Joint Action of 16 December 1996 concerning a uniform format for residence permits (97/11/JHA Joint Action (OJ L 7, 10.1.1997, p. 1)) as soon as possible, if necessary by phasing it in, before the end of the transitional periods stipulated in the Joint Action.Vienna, 15 December 1997.The PresidentK. Schlögl


title: 86/38/ECSC: Decision of the representatives of the Governments of the Member States, meeting within the Council of 28 February 1986 establishing the arrangements to be applied to imports into Spain and Portugal of products covered by the ECSC Treaty originating in Austria, Finland, Norway, Sweden or Switzerland and covered by the Agreements between the Community and those countries

text:
                                                                                No L 56/ 1 19
1.3.86                                Official Journal of the European Communities
                                                             II
                                          (Acts whose publication is not obligatory)
                                                    COUNCIL
                 DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE
                                MEMBER STATES, MEETING WITHIN THE COUNCIL
                                                    of 28 February 1986
                 establishing the arrangements to be applied to imports into Spain and Portugal of
                 products covered by the ECSC Treaty originating in Austria, Finland, Norway, Sweden
                  or Switzerland and covered by the Agreements between the Community and those
                                                           countries
                                                       (86/ 38 /ECSC)
 THE REPRESENTATIVES OF THE GOVERNMENTS OF                         Norway, Sweden and Switzerland, (hereinafter referred
 THE MEMBER STATES OF THE EUROPEAN COAL                            to as the 'EFTA', countries) the customs duties on
 AND STEEL COMMUNITY, MEETING WITHIN THE                           imports into Spain, including the Canary Islands, Ceuta
 COUNCIL,                                                          and Mellila, and Portugal shall be reduced from
                                                                   1 March 1986 to 90 % of the basic duties .
 Whereas the Member States have concluded the Treaty
 establishing the European Coal and Steel Community;
                                                                   2.     The basic duties shall be the duties actually applied
 Whereas on 1 January 1986 the Kingdom of Spain and
 the Portuguese Republic acceded to that Community;                on 1 January 1985, except for imports into Portugal of
                                                                   sheets, clad, coated or otherwise surface-treated falling
                                                                   within subheading ex 73.13 B IV for which the basic duty
 Whereas the Additional Protocols to the Agreements                 shall be 20 % .
 concluded between the Member States of the European
 Coal and Steel Community and that Community, on the
 one hand, and the Republic of Austria, the Republic of
 Finland, the Kingdom of Norway and the Kingdom of                  3.    However, if after 1 January 1985 and before
 Sweden, on the other, and also the Additional Protocols            1 January 1986 a tariff reduction is applied, such
 to the Agreements concluded between the Member                     reduced duty shall be considered as a basic duty.
 States of the said Community on the one hand and the
 Swiss Confederation and the Republic of Iceland on the
 other, must be approved by each Contracting Party in
  accordance with its own procedures ;                              4 . If, during 1986, the Kingdom of Spain or the
                                                                    Portuguese Republic suspends in whole or in part the
 Whereas the procedures for ratifying the Additional                customs duties applicable to products imported from the
  Protocols have not yet been completed and it is                   Community of Ten, it shall also suspend or reduce, by
  necessary to implement on a unilateral basis the                  the same percentage, the duties applicable to products
  obligations resulting for 1986 from those Protocols, as           originating in the EFTA countries.
  regards the customs duties on imports ;
  In agreement with the Commission,
                                                                                Article 2
  HAVE DECIDED AS FOLLOWS ;                                         Any amendments to the origin rules made necessary by
                                                                     the accession of Spain and Portugal shall be mtide by the
                            Article 1
                                                                    Joint Committees provided for in the Agreements
                                                                     between the Community and the EFTA countries and
  1 . For the products covered by the European Coal                  shall apply as from 1 March 1986 to the products
  and Steel Community originating in Austria, Finland,               referred to in this Decision.
 ---pagebreak--- No L 56 / 120                          Official Journal of the European Communities                                  1.3.86
                        Article 3                                                          Article 4
This Decision shall apply until the entry into force of the       The Member States shall take the measures necessary to
Additional Protocols to the Agreements between the                implement this Decision.
Member States of the European Coal and Steel
Community and that Community, on the one hand, and                Done at Brussels, 28 February 1986.
the EFTA countries on the other, but not later than
31 December 1986 .                                                                                The President
                                                                                H. van den BROEK


title: 2008/46/EC: Commission Decision of 14 December 2007 setting up the Research Executive Agency for the management of certain areas of the specific Community programmes People, Capacities and Cooperation in the field of research in application of Council Regulation (EC) No 58/2003 (Text with EEA relevance )

text:
               15.1.2008

               EN

               Official Journal of the European Union

               L 11/9

      COMMISSION DECISION

   of 14 December 2007
   setting up the ‘Research Executive Agency’ for the management of certain areas of the specific Community programmes People, Capacities and Cooperation in the field of research in application of Council Regulation (EC) No 58/2003
   (Text with EEA relevance)
   (2008/46/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (1), and in particular Article 3(1) thereof,
   Whereas:

               (1)

               Regulation (EC) No 58/2003 empowers the Commission to set up executive agencies in accordance with the general statute laid down by that Regulation and to entrust them with certain management tasks relating to one or more Community programmes.

               (2)

               The purpose of empowering the Commission to set up executive agencies is to allow it to focus on core activities and functions which cannot be outsourced, without relinquishing control over, or ultimate responsibility for, activities managed by the said executive agencies.

               (3)

               Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (2) involves implementation of research, technological development and demonstration projects within the framework of the specific programmes People, Capacities and Cooperation which does not entail political decision-making and requires a high level of technical and financial expertise throughout the project cycle.

               (4)

               Grant agreements made under the Seventh Framework programme may run for several years with significant numbers of grants entering into force in 2014 and remaining under active management in 2017 and beyond.

               (5)

               The delegation, to an executive agency, of tasks related to programme implementation is possible with a clear separation between the programming stage, which will be carried out by the Commission, and project implementation, which will be entrusted to the executive agency.

               (6)

               The People Specific Programme and the Research for the Benefit of SMEs part of the Capacities Specific Programme are characterised by projects which generate a large number of small operations.

               (7)

               Security and Space from the Cooperation Specific Programme are new areas for which the Commission has not already a significant in-house expertise and which could serve as a pilot for the implementation by an executive agency of more complex collaborative research projects.

               (8)

               An executive agency could also perform centrally administrative and logistical support tasks across other areas of the Framework Programme.

               (9)

               The Agency should implement its operating budget in accordance with Commission Regulation (EC) No 1653/2004 of 21 September 2004 which establishes a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (3).

               (10)

               A cost-benefit analysis carried out for that purpose showed that the creation of an executive agency for research would be advantageous both in financial and non-financial terms.

               (11)

               The measures provided for by this Decision are in accordance with the opinion of the Committee for Executive Agencies,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Establishment of the Agency
   1.   An executive agency (hereinafter referred to as the Agency) is hereby established for the management of Community activity in the field of research, its statute being governed by Council Regulation (EC) No 58/2003.
   2.   The name of the Agency shall be the ‘Research Executive Agency’.
   Article 2
   Location
   The Agency shall be located in Brussels.
   Article 3
   Term
   The Agency is hereby established for a period beginning on 1 January 2008 and ending on 31 December 2017.
   Article 4
   Objectives and tasks
   1.   The Agency is hereby entrusted, within the framework of the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) established by Decision No 1982/2006/EC (hereinafter referred to as the Framework Programme), with the following tasks:

               (a)

               management of phases in the lifetime of specific projects in the context of implementing certain areas of the People Specific Programme on the basis of Council Decision 2006/973/EC (4) and the work programme adopted by the Commission, as well as the necessary checks to that end, adopting the relevant decisions where the Commission has empowered it to do so;

               (b)

               management of phases in the lifetime of specific projects in the context of implementing the schemes within the Research for the Benefit of SMEs part of the Capacities Specific Programme on the basis of Council Decision 2006/974/EC (5) and the work programme adopted by the Commission, as well as the necessary checks to that end, adopting the relevant decisions where the Commission has empowered it to do so;

               (c)

               management of phases in the lifetime of specific projects in the context of implementing certain areas within the Space and Security themes of the Cooperation Specific Programme on the basis of Council Decision 2006/971/EC (6) and the work programme adopted by the Commission, as well as the necessary checks to that end, adopting the relevant decisions where the Commission has empowered it to do so;

               (d)

               adoption of the instruments of budget execution for revenue and expenditure and carrying out, where the Commission has empowered it to do so, all the operations necessary for the management of the Community programme parts mentioned under points (a), (b) and (c), in particular those linked to the award of grants and contracts;

               (e)

               gathering, analysing and passing on to the Commission all the information needed to guide the implementation of the Community programme parts mentioned above in points (a), (b) and (c);

               (f)

               provision of logistical and administrative support to the Capacities, Cooperation and People Specific Programmes particularly in the areas of call publication, proposal reception and evaluation, contracting of evaluators, preparation of evaluator payments and financial viability checking.

         2.   The Agency may be empowered by the Commission, after receiving the opinion of the Committee for Executive Agencies established under Article 24 of Regulation (EC) No 58/2003, to carry out tasks of the same type under the Framework Programme, other than those referred to in paragraph 1.
   3.   The Commission Decision delegating authority to the Agency shall set out in detail all the tasks entrusted to it and shall be amended should any additional tasks be entrusted to the Agency. It shall be forwarded, for information purposes, to the Committee for Executive Agencies.
   Article 5
   Organisational structure
   1.   The Agency shall be managed by a Steering Committee and a Director appointed by the Commission.
   2.   The members of the Steering Committee shall be appointed for two years.
   3.   The Director of the Agency shall be appointed for four years.
   4.   The appointments of members of the Steering Committee and the Director may be renewed.
   Article 6
   Grants
   The Agency shall receive grants entered in the general budget of the European Communities taken from the funds allocated to the programmes referred to in Article 4(1) and, where appropriate, from the funds allocated to other parts of the Framework Programme the implementation of which has been entrusted to the Agency by virtue of Article 4(2).
   Article 7
   Supervision and reporting
   The Agency shall be subject to supervision by the Commission and shall report regularly on progress in implementing the programmes for which it is responsible in accordance with the arrangements and at the intervals stipulated in the instrument of delegation.
   Article 8
   Implementation of the operating budget
   The Agency shall implement its operating budget in accordance with the provisions of Regulation (EC) No 1653/2004.

      Done at Brussels, 14 December 2007.

            For the Commission

         Janez POTOČNIK

            Member of the Commission

      (1)  OJ L 11, 16.1.2003, p. 1.

      (2)  OJ L 412, 30.12.2006, p. 1.

      (3)  OJ L 297, 22.9.2004, p. 6. Regulation as amended by Regulation (EC) No 1821/2005 (OJ L 293, 9.11.2005, p. 10).

      (4)  OJ L 400, 30.12.2006, p. 272.

      (5)  OJ L 400, 30.12.2006, p. 299.

      (6)  OJ L 400, 30.12.2006, p. 86.


title: Council Decision 2009/981/CFSP of 18 December 2009 amending Common Position 2006/318/CFSP renewing restrictive measures against Burma/Myanmar

text:
               19.12.2009

               EN

               Official Journal of the European Union

               L 338/90

      COUNCIL DECISION 2009/981/CFSP
   of 18 December 2009
   amending Common Position 2006/318/CFSP renewing restrictive measures against Burma/Myanmar
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 27 April 2006, the Council adopted Common Position 2006/318/CFSP renewing restrictive measures against Burma/Myanmar (1).

               (2)

               There are no longer grounds for keeping one person on the list of persons, entities and bodies to which Common Position 2006/318/CFSP applies,

         HAS ADOPTED THIS DECISION:
   Article 1
   The person mentioned in the Annex to this Decision shall be removed from the list set out in Annex II to Common Position 2006/318/CFSP.
   Article 2
   This Decision shall enter into force on the date of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 18 December 2009.

            For the Council

            The President

         Å. TORSTENSSON

      (1)  OJ L 116, 29.4.2006, p. 77.

      ANNEX

         PERSON REFERRED TO IN ARTICLE 1

                  #

                  Name

                  Identifying information
                  (inc. Ministry)

                  Sex (M/F)

                  E7c

                  Aung Khaing Moe

                  Son of Myo Myint, d.o.b. 25.6.1967
                  (believed to be currently in UK; went before entered on list)

                  M


title: 2004/718/EC: Decision of the European Parliament of 21 April 2004 concerning discharge for the financial management of the European Coal and Steel Community (ECSC) for the financial year ended 23 July 2002

text:
               21.4.2004

               EN

               Official Journal of the European Union

               L 330/73

         DECISION OF THE EUROPEAN PARLIAMENT
   of 21 April 2004
   concerning discharge for the financial management of the European Coal and Steel Community (ECSC) for the financial year ended 23 July 2002
   (2004/718/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the communication from the Commission on the financial statements of the ECSC at 23 July 2002 (1),
   having regard to the Court of Auditors' report on the financial statements of the ECSC at 23 July 2002 (2), which includes the statement of assurance of 27 March 2003 concerning the reliability of the Commission's accounts in accordance with Article 45c(5) of the ECSC Treaty,
   having regard to the Court of Auditors' annual report and statement of assurance concerning the ECSC of 26 June 2003, in accordance with Article 45c(1) and (4) of the ECSC Treaty, for the financial year ended 23 July 2002, together with the Commission's replies (C5-0646/2003) (3),
   having regard to the ECSC Treaty, in particular Articles 78g and 97 thereof,
   having regard to Rules 93 and 93a of and Annex V to its Rules of Procedure,
   having regard to the Council's recommendation of 9 March 2004 (C5-0145/2004),
   having regard to the report of the Committee on Budgetary Control (A5-0201/2004),

               1.

               Gives discharge to the Commission for the financial management of the ECSC for the financial year ended 23 July 2002;

               2.

               Records its observations in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Council, the Commission, the Court of Justice, the Court of Auditors, the Economic and Social Committee and the European Investment Bank and to have them published in the Official Journal of the European Union (L series);

            The Secretary-General

         Julian PRIESTLEY

            The President

         Pat COX

      (1)  OJ C 127, 29.5.2003, p. 2.

      (2)  OJ C 127, 29.5.2003, p.2.

      (3)  OJ C 224, 19.9.2003, p.1.
    ---documentbreak---

               21.4.2004

               EN

               Official Journal of the European Union

               L 330/74

         RESOLUTION
   of the European Parliament containing the comments accompanying the decision concerning discharge for the financial management of the European Coal and Steel Community (ECSC) for the financial year ended 23 July 2002
   THE EUROPEAN PARLIAMENT,
   having regard to Articles 78g and 97 of the ECSC Treaty,
   having regard to the Protocol on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel, annexed to the Treaty establishing the European Community, adopted in Nice on 26 February 2001 (1),
   having regard to the Joint Declaration of the European Parliament, the Council and the Commission concerning post-ECSC arrangements adopted on 21 November 2001 in the context of the budgetary procedure trialogues (2),
   having regard to the resolutions of the Council and of the representatives of the governments of the Member States, meeting within the Council, of 20 July 1998 (3) and 21 June 1999 (4) concerning the expiry of the Treaty establishing the European Coal and Steel Community,
   having regard to the Commission communication of 6 September 2000 to the Council, the European Parliament, the ECSC Consultative Committee, the Economic and Social Committee and the Committee of the Regions entitled ‘Expiry of the ECSC Treaty: Financial activities after 2002’ (COM(2000) 518),
   having regard to Decision 2002/234/ECSC of the representatives of the governments of the Member States, meeting within the Council, of 27 February 2002 on the financial consequences of the expiry of the ECSC Treaty and on the research fund for coal and steel (5), in order to govern the administration of the ‘ECSC in liquidation’ pending the entry into force of the Treaty of Nice, and having regard to the statements (6) made in connection therewith by the Commission and the Representatives of the Governments of the Member States, meeting within the Council,
   having regard to Council Decision 2003/76/EC of 1 February 2003 establishing the measures necessary for the implementation of the Protocol, annexed to the Treaty establishing the European Community, on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel (7),
   having regard to Council Decision 2003/77/EC of 1 February 2003 laying down multiannual financial guidelines for managing the assets of the ECSC in liquidation and, on completion of the liquidation, of the Research Fund for Coal and Steel (8),
   having regard to Council Decision 2003/78/EC of 1 February 2003 laying down the multiannual technical guidelines for the research programme of the Research Fund for Coal and Steel (9),
   having regard to the 2002 ECSC Financial Report for the period from 1 January 2002 to 23 July 2002 (10) published by the Commission's Directorate-General for Economic and Financial Affairs (Financial Operations Service),
   having regard to the Court of Auditors' report on the financial statements of the ECSC as at 23 July 2002 (11), which includes the statement of assurance of 27 March 2003 concerning the reliability of the Commission's accounts pursuant to Article 45c(5) of the ECSC Treaty,
   having regard to the Court of Auditors' annual report and statement of assurance concerning the ECSC of 26 June 2003, in accordance with Article 45c(1) and (4) of the ECSC Treaty, for the financial year ended 23 July 2002, together with the Commission's replies (C5-0646/2003) (12),
   having regard to the Commission communication entitled ‘Financial statements of the ECSC in liquidation at 31 December 2002’ (13),
   having regard to the Court of Auditors' Annual Report concerning the financial year 2002 (14), and in particular paragraphs 10.18 to 10.20 (Loans and Borrowings of the ECSC in liquidation),
   having regard to the Commission communication entitled ‘Definitive Annual Accounts of the European Communities - Financial Year 2002’ (15),
   having regard to Article 89(7) of the Financial Regulation of 21 December 1977 (16) and to Article 147(1) of the Financial Regulation of 25 June 2002 (17), pursuant to which all Community institutions must take all appropriate measures to act on the observations accompanying the discharge decisions,
   having regard to the Commission report of 29 October 2003 on the follow-up to the 2001 discharges (COM(2003) 651) and the follow-up (see Section III of that report) to the Resolution of the European Parliament on discharge for the financial management of the ECSC for the financial year 2001 supplemented by a communication of 30 January 2004 from Commission DG BUDG to the Secretariat of the Committee on Budgetary Control,
   having regard to the Council's recommendation of 9 March 2004 (C5-0145/2004),
   having regard to Articles 93 and 93a of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A5-0201/2004),

               A.

               Whereas from 1 January to 23 July 2002 the ECSC continued to finance redeployment aid for workers and research grants from its operating budget, EUR 35 million for the former and EUR 72 million for the latter, plus further commitments of EUR 21 million for the Rechar Programme of social measures in the coal industry.

               B.

               Whereas on 1 January 1998 the ECSC levy on coal and steel products, which was until then one of the main resources of the ECSC budget, was set by the Commission at 0 %.

               C.

               Whereas, over the last few years, the ECSC's main sources of revenue have been the net profit on financial fixed assets, withdrawals from reserves and the cancellation of unused commitments.

               D.

               Whereas the ECSC balance sheet total has been declining since 1997 and at 23 July 2002 posted a fall of EUR 839 million since 31 December 2001.

               E.

               Whereas, chiefly because of value adjustments, net losses on financial operations rose from EUR 12 million to EUR 69 million.

               F.

               Whereas interest received fell from EUR 215 million to EUR 91 million and net profit on financial operations fell from EUR 19 million to EUR 16 million, and income relating to the ECSC operating budget, for the final ECSC financial year of just under seven months, fell from EUR 65 million to EUR 21 million.

               G.

               Whereas bond-financed loans still outstanding on 23 July 2002 which are not covered by Member State guarantees were fully covered by the Guarantee Fund, and whereas those loans totalled EUR 529 million.

               H.

               Whereas the ECSC-administered liquid assets stood at EUR 1 557 million at 23 July 2002.

               I.

               Whereas the Resolution of the European Council on growth and employment adopted on 16 and 17 June 1997 in Amsterdam and the above-mentioned Council resolution of 21 June 1999 called for the revenues from outstanding reserves to be used for a research fund for activities related to the coal and steel industries.

               J.

               Whereas the sum remaining after deduction of the repayment of outstanding debt should be deemed to be EU budget ‘own resources’, which should yield annual interest of some EUR 60 million, to be allocated to research related to the coal and steel industries outside the framework programme for research.

               K.

               Whereas the expiry of the ECSC Treaty on 23 July 2002 entailed the complete disappearance of the ECSC's legal regime and the dissolution of the Consultative Committee set up by that Treaty.

               L.

               Whereas the annual report on the ECSC for the financial year ended 23 July 2002 was adopted by the Court of Auditors on 26 June 2003.

               M.

               Whereas the Court of Auditors concludes that the financial statements give a true and fair view of the assets and financial situation of the European Coal and Steel Community at 23 July 2002 and of the results of its operations for the year then ended.

               N.

               Whereas the Court of Auditors notes that, taken as a whole, the legality and regularity of the transactions underlying the ECSC financial statements for the financial year ended 23 July 2002 are sufficiently assured.

               1.

               Acknowledges the achievements of all those who instituted and shaped the European Coal and Steel Community and who in so doing have a made a major contribution to the peaceful unification of Europe;

               2.

               Calls, therefore, on the Commission, as it has done in previous years, to publish in the official languages an overview suitable for the general public of the work undertaken by the ECSC since it was established; acknowledges that the Commission has made a start on groundwork in this connection which must however promptly be taken further;

               3.

               Welcomes the progress made in connection with the cessation of ECSC activities, in particular the abovementioned Decision of the representatives of the governments of the Member States, meeting within the Council, of 27 February 2002 which created the requisite legal basis for the ‘ECSC in liquidation’, pending the entry into force of the Treaty of Nice on 1 February 2003;

               4.

               Urges the Commission, as it has already done in previous years, to carry out without delay an overall assessment of research originally funded by the ECSC, in particular an assessment of the coal research programme and of the criteria proposed for the selection of new coal research projects, as has already been done for the steel sector; regards such assessments as an important basis for the activities of the new Research Fund for Coal and Steel;

               5.

               Notes that, over the last 15 years, the ECSC has disbursed some EUR 800 million to firms and institutes for applied research in the steel sector alone without, as a rule, and contrary to what is expressly provided for in ECSC research contracts, receiving its contractual share of proceeds from the patents this has made possible; calls on the Commission to enforce its legal claim to its share of proceeds from research funding by means of a registration procedure for patents and other suitable measures;

               6.

               Acknowledges a measure of progress in overcoming the security problems affecting the IT system used for ECSC research management; expects the Commission, however, to comply immediately with all the Court of Auditors' and external auditors' observations on the reliability of the IT system;

               7.

               Notes that all the loans outstanding after 23 July 2002 which are not covered by guarantees from a Member State are covered in full by the ECSC reserves and acknowledges the strategy adopted by the Commission for prudent financial management of the ECSC, and the ‘ECSC in liquidation’;

               8.

               Notes the progress made in reducing administrative costs reported in the document entitled ‘Expiry of the ECSC Treaty: Impact on Administrative Costs of the Commission’ (submitted to the Committee on Budgetary Control by DG BUDG on 30 January 2004), and calls on the Commission to inform Parliament at regular intervals of the outcome of its Annual Policy Strategy with regard to redeployment of staff members involved in administering the ‘ECSC in liquidation’;

               9.

               Welcomes the progress made in transferring the ECSC Consultative Committee's acquired knowledge to the European Economic and Social Committee (EESC) and, in particular, the fact that the EESC'S new Consultative Commission on Industrial Change (CCIC), which comprises members of the ESC and delegates from the professional organisations representing the coal and steel sector and related sectors, was established on 24 October 2002 and held its inaugural meeting on 28 November 2002; invites the CCIC to publish the findings of its deliberations on a regular basis in the official languages;

               10.

               Welcomes the successful conclusion of the negotiations with the accession countries on the conditions for their participation in the new Research Fund for Coal and Steel, whereby the payment of their contributions, determined in accordance with the size of their mineral resources, will be staggered to take account of their respective economic situations, and calls on the Commission to give it regular progress reports on the implementation of the decisions taken as a result of those negotiations;

               11.

               Calls on the Commission to continue to conduct a regular review of all outstanding dormant commitments and to cancel only amounts in respect of which it is unlikely that there will be any movement in the future;

               12.

               Notes that the financial statements for the ECSC in liquidation as at 31 December 2002 were not published in the Official Journal until 11 October 2003; none the less welcomes the detailed and informative way in which they are set out, which should be the benchmark for subsequently published financial statements for the ECSC in liquidation, and calls on the Commission to ensure maximum transparency with regard to figures on trends in, and use of, ECSC assets and on revenue from them;

               13.

               Expects the Court of Auditors, which has submitted no specific report on the financial statements for the ECSC in liquidation as at 31 December 2002, to carry out the necessary audits each year and to publish the results in the Official Journal;

               14.

               Stresses that it will continue to keep an eye on the mandatory use of revenues from ECSC assets for the benefit of research in the coal and steel sector.

      (1)  OJ C 80, 10.3.2001, p. 1 (see p. 67).

      (2)  Doc SN 4609/01 Rev 1 of the Council of the European Union.

      (3)  OJ C 247, 7.8.1998, p. 5.

      (4)  OJ C 190, 7.7.1999, p. 1.

      (5)  OJ L 79, 22.3.2002, p. 42.

      (6)  OJ L 79, 22.3.2002, p. 60.

      (7)  OJ L 29, 5.2.2003, p. 22.

      (8)  OJ L 29, 5.2.2003, p. 25.

      (9)  OJ L 29, 5.2.2003, p. 28.

      (10)  ISBN 92-894-5199-8, Office for Official Publications of the European Union, 2003.

      (11)  OJ C 127, 29.5.2003, p. 2.

      (12)  OJ C 224, 19.9.2003, p. 1.

      (13)  OJ C 245, 11.10.2003, p. 2.

      (14)  OJ C 286, 28.11.2003, p. 1.

      (15)  OJ C 316, 29.12.2003, p. 1 (see p. 45).

      (16)  OJ L 356, 31.12.1977, p. 1.

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