title: Council Decision (EU) 2015/954 of 16 June 2015 granting Mr Jeppe Tranholm-Mikkelsen authorisation for access to information classified up to level TRÈS SECRET UE/EU TOP SECRET

text:
               20.6.2015

               EN

               Official Journal of the European Union

               L 156/19

         COUNCIL DECISION (EU) 2015/954
   of 16 June 2015
   granting Mr Jeppe Tranholm-Mikkelsen authorisation for access to information classified up to level TRÈS SECRET UE/EU TOP SECRET
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (1), and in particular point (a) of paragraph 18 of Annex I thereof,
   Having regard to Council Decision 2013/811/EU of 17 December 2013 determining for the General Secretariat of the Council the appointing authority and the authority empowered to conclude contracts of employment and repealing Decision 2011/444/EU (2),
   Having regard to Council Decision (EU) 2015/654 of 21 April 2015 appointing the Secretary-General of the Council of the European Union for the period from 1 July 2015 to 30 June 2020 (3),
   Whereas:

               (1)

               The competent Danish national security authority gave a positive assurance on 26 March 2015 with regard to access to information classified up to level TRÈS SECRET UE/EU TOP SECRET by Mr Jeppe TRANHOLM-MIKKELSEN.

               (2)

               It is necessary, owing to his assignment and the needs of the service, to authorise Mr Jeppe TRANHOLM-MIKKELSEN to have access to information classified up to level TRÈS SECRET UE/EU TOP SECRET held by the Council and the European Council,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   Mr Jeppe TRANHOLM-MIKKELSEN is hereby granted authorisation for access to information classified up to level TRÈS SECRET UE/EU TOP SECRET held by the Council and the European Council for the purposes of his assignment.
   2.   The authorisation referred to in paragraph 1 shall be valid for the duration of the assignment for which this authorisation is granted and shall not exceed a period of five years, starting from the date this Decision takes effect.
   Article 2
   This Decision shall take effect on 1 July 2015.
   Article 3
   This Decision is addressed to Mr Jeppe TRANHOLM-MIKKELSEN.

      Done at Luxembourg, 16 June 2015.

            For the Council

            The President

         J. DŪKLAVS

      (1)  OJ L 274, 15.10.2013, p. 1.

      (2)  OJ L 355, 31.12.2013, p. 91.

      (3)  OJ L 107, 25.4.2015, p. 74.


Avis juridique important

|

32002D0357

2002/357/EC,ECSC: Council and Commission Decision of 26 March 2002 on the conclusion of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part

Official Journal L 129 , 15/05/2002 P. 0001 - 0002

Council and Commission Decisionof 26 March 2002on the conclusion of the Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part(2002/357/EC, ECSC)THE COUNCIL OF THE EUROPEAN UNION andTHE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 238 in conjunction with the second sentence of Article 228(2) and the second subparagraph of Article 228(3) thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 95 thereof,After consultation of the Consultative Committee and the unanimous agreement of the Council,Having regard to the assent of the European Parliament(1),Whereas:The Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, signed in Brussels on 24 November 1997, should be approved,HAVE DECIDED AS FOLLOWS:Article 1The Euro-Mediterranean Agreement establishing an Association between the European Communities and their Member States, of the one part, and the Hashemite Kingdom of Jordan, of the other part, the Protocols annexed thereto and the declarations attached to the Final Act are hereby approved on behalf of the European Community and the European Coal and Steel Community.The texts of the Agreement, the Protocols annexed thereto and the Final Act are attached to this Decision.Article 21. The position to be taken by the Community within the Association Council and the Association Committee shall be laid down by the Council, on a proposal from the Commission, or, where appropriate, by the Commission, each in accordance with the corresponding provisions of the Treaties establishing the European Community and the European Coal and Steel Community.2. The President of the Council shall, in accordance with Article 90 of the Agreement, preside over the Association Council and present the position of the Community. A representative of the President of the Council shall preside over the Association Committee, in accordance with Article 93 of the Agreement, and present the position of the Community.Article 3The President of the Council shall deposit the act of notification provided for in Article 106 of the Agreement on behalf of the European Community. The President of the Commission shall deposit that act on behalf of the European Coal and Steel Community.Done at Brussels, 26 March 2002.For the CouncilThe PresidentA.M. Birulés Y BertránFor the CommissionThe PresidentR. Prodi(1) OJ C 226, 20.7.1998, p. 26.


title: Decision (EU) 2015/1673 of the European Parliament of 29 April 2015 on discharge in respect of the implementation of the budget of the European Securities and Markets Authority for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/298

      DECISION (EU) 2015/1673 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on discharge in respect of the implementation of the budget of the European Securities and Markets Authority for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Securities and Markets Authority for the financial year 2013,

                  —

                  having regard to the Court of Auditors' report on the annual accounts of the European Securities and Markets Authority for the financial year 2013, together with the Authority's replies (1),

                  —

                  having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2013, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

                  —

                  having regard to the Council's recommendation of 17 February 2015 on discharge to be given to the Authority in respect of the implementation of the budget for the financial year 2013 (05304/2015 — C8-0054/2015),

                  —

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

                  —

                  having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3),

                  —

                  having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (4), and in particular Article 208 thereof,

                  —

                  having regard to Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (5), and in particular Article 64 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (6),

                  —

                  having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (7), and in particular Article 108 thereof,

                  —

                  having regard to Rule 94 of and Annex V to its Rules of Procedure,

                  —

                  having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Economic and Monetary Affairs (A8-0087/2015),

         1.

            Grants the Executive Director of the European Securities and Markets Authority discharge in respect of the implementation of the Authority's budget for the financial year 2013;

         2.

            Sets out its observations in the resolution below;

         3.

            Instructs its President to forward this Decision, and the resolution forming an integral part of it, to the Executive Director of the European Securities and Markets Authority, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ C 442, 10.12.2014, p. 247.

         (2)  See footnote 1.

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

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

         (5)  OJ L 331, 15.12.2010, p. 84.

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

         (7)  OJ L 328, 7.12.2013, p. 42.


title: Commission Decision declaring that the measure notified by the Czech Republic, under the interim mechanism pursuant to Annex IV.3 of the Act of Accession, is not applicable after accession — State aids   (Text with EEA relevance)

text:
               7.10.2006

               EN

               Official Journal of the European Union

               C 242/17

         Commission Decision declaring that the measure notified by the Czech Republic, under the interim mechanism pursuant to Annex IV.3 of the Act of Accession, is not applicable after accession — State aids
   (2006/C 242/12)
   (Text with EEA relevance)
   Date of adoption of the decision:
   Member State: The Czech Republic
   Aid No: State aid No CZ 53/2003
   Title: Banka Haná, a.s.
   Objective: Aid to the banking sector
   Other information: Commission decision declaring that the measures in favour of Banka Haná, a.s., notified by the Czech Republic under the interim mechanism pursuant to Annex IV.3 of the Accession Act, is not applicable after accession.
   The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
   http://ec.europa.eu/community_law/state_aids/
   Date of adoption of the decision:
   Member State: The Czech Republic
   Aid No: State aid No CZ 54/03
   Title: Foresbank, a.s.
   Objective: Aid to the banking sector
   Other information: Commission decision declaring that the measures in favour of Foresbank, a.s., notified by the Czech Republic under the interim mechanism pursuant to Annex IV.3 of the Accession Act, are not applicable after accession.
   The authentic text(s) of the decision, from which all confidential information has been removed, can be found at:
   http://ec.europa.eu/community_law/state_aids/


title: 2012/576/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Institute for Gender Equality for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/200

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Institute for Gender Equality for the financial year 2010
   (2012/576/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Institute for Gender Equality for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Institute for Gender Equality for the financial year 2010, together with the Institute’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

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

               —

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

               —

               having regard to Regulation (EC) No 1922/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a European Institute for Gender Equality (3), and in particular Article 14 thereof,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Women’s Rights and Gender Equality (A7-0132/2012),

               1.

               Grants the Director of the European Institute for Gender Equality discharge in respect of the implementation of the Institute’s budget for the financial year 2010;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 173.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 403, 30.12.2006, p. 9.

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

               17.10.2012

               EN

               Official Journal of the European Union

               L 286/201

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Institute for Gender Equality for the financial year 2010
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Institute for Gender Equality for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Institute for Gender Equality for the financial year 2010, together with the Institute’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

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

               —

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

               —

               having regard to Regulation (EC) No 1922/2006 of the European Parliament and of the Council of 20 December 2006 on establishing a European Institute for Gender Equality (3), and in particular Article 14 thereof,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Women’s Rights and Gender Equality (A7-0132/2012),

               A.

               whereas the European Institute for Gender Equality (‘the Institute’) was established on the basis of Regulation (EC) No 1922/2006 and gained its independence on 15 June 2010,

               B.

               whereas the Court of Auditors has stated that it has obtained reasonable assurances that the annual accounts of the Institute for the financial year 2010 are reliable and that the underlying transactions are legal and regular,

               C.

               whereas the overall budget of the Institute for the financial year 2010 was EUR 6 500 000; whereas the budget of the Institute is entirely financed by the Union’s contribution,

               1.

               Welcomes the Court of Auditors’ first report on the annual accounts of the Institute, for the financial year 2010;

      Budgetary and financial management

               2.

               Notes that the Institute was granted administrative and financial autonomy on 15 June 2010;

               3.

               Believes that a merger of the Institute and the European Union Agency for Fundamental Rights should be considered in order to avoid duplication and reduce overhead costs;

               4.

               Ascertains from the Annual Activity Report (AAR) of the Institute that from 1 January to 15 June 2010 the Directorate-General for Employment, Social Affairs and Inclusion (DG EMPL), the Institute’s parent DG, held financial management responsibility on its behalf, in particular for staff and administrative expenditure, and that over that period, DG EMPL made payments in a total amount of EUR 846 876,91;

               5.

               Acknowledges from the AAR that within the limited period between six months after adoption of the Annual Work Programme 2010 and gaining administrative and financial independence, the Institute had a budget execution rate of 65 % in terms of committed appropriations and 26 % in terms of paid appropriations; invites the Institute to take immediate steps to ensure a satisfactory budget execution rate in the future;

               6.

               Notes from the AAR of the Institute that upon revision of its draft budget for the financial year 2010, the Management Board highlighted two budgetary imbalances amounting to an aggregate imbalance of EUR 415 000:

                           —

                           a budgetary imbalance of EUR 195 000 under Title II, which was related to the under-expenditure in rental costs as the Lithuanian Government covered the rental costs for the Institute’s premises in Lithuania for its first two years of activity;

                           —

                           a budgetary imbalance of EUR 220 000 under Title III due to the expected under-expenditure in operations-related expenditure;

                     notes that in October 2010 the Management Board agreed not to allocate these frozen funds to the Institute; calls on the Institute to inform the discharge authority of the action taken in respect of those frozen funds;

      Accounting

               7.

               Establishes that in 2010 the Institute defined the responsibilities of financial actors for staff members and developed financial circuits for commitments; notes, moreover, that the Institute nominated all financial actors defining their roles and responsibilities by the end of 2010;

               8.

               Notes from the AAR of the Institute that its Director delegated the power of Authorising Officer to the Head of Administration for a maximum amount of EUR 500 000 for Title I and II, and limited to one year for Title III; also takes note that a backup for the Accounting Officer was appointed;

               9.

               Ascertains from the AAR that, by the end of 2010, procedures were in place and being implemented for the following administrative areas: missions, complaints management, procurement Q&A, VAT, quality accounting, bank reconciliation, payment run, commitments and payments, and that a telecom policy and document registration framework were developed and implemented;

      Public procurement

               10.

               Observes that in 2010, 63 procurements were carried out and contracts for the procured services were signed; notes that the total contracted amount was EUR 1 974 626;

               11.

               Establishes from the AAR that two major difficulties occurred in the procurement process:

                           —

                           the time span available for implementing a procurement procedure was extremely tight and put the execution of planned studies and the relevant budget at risk;

                           —

                           the lack of qualified support for the Operations Unit, where the majority of staff had little or no knowledge of public procurement procedures;

                     as a result, these complications created certain delays and a number of procurement procedures had to be cancelled which, as a result, caused the major part of the budgetary commitment to be carried forward to 2011; calls, therefore, on the Institute to improve the situation and inform the discharge authority of the action taken;

               12.

               Notes in addition that 85 % of procured contracts, EUR 1 628 122, were related to services that supported operational activities, and that the remaining amount EUR 292 504 (15 %) were for procured goods and services which supported administrative activities;

      Human resources

               13.

               Takes note from its AAR that the Institute recruited 23 Temporary Agents and 6 Contract Agents, and reached 92,3 % of its Establishment Plan target;

               14.

               Underlines the need to fill all vacancies which are necessary for the effective functioning of the Institute and the fulfilment of its stated goals;

      Performance

               15.

               Notes that, according to Article 20 of the Institute’s founding Regulation (EC) No 1922/2006, the Institute should have commissioned an independent external evaluation of its achievements by 18 January 2010; acknowledges from the AAR that the Management Board postponed the ex-post evaluation given that the Institute was not operational as of 19 January 2010, but decided to commission an ex-ante evaluation in 2010 and a mid-term evaluation by 2013; asks the Institute to immediately communicate the results of that ex-ante evaluation to the discharge authority;

               16.

               Acknowledges that the Institute, supported by DG EMPL, launched in December 2010 specifications for the ‘Second Ex-ante Evaluation of EIGE Focusing on the Institute’s Specific Objectives and Operations’;

               17.

               Calls on the Institute to inform the discharge authority of the execution of those evaluations and on their respective conclusions;

               18.

               Reminds the Court of Auditors that the work of the Institute is of utmost importance for the promotion of gender equality in the Union; notes, therefore, that future reports should reveal in detail whether the Institute’s activity is hindered by difficulties at any stage of the budgetary procedure;

               19.

               Points out that, at a time of economic crisis and austerity, it is vital that the Institute offers best value for money without jeopardising the successful fulfilment of its important remit;

      Location

               20.

               Notes from the AAR of the Institute that on 1 March 2010 the Institute’s staff was relocated from its temporary premises in Brussels to its permanent seat in Vilnius, Lithuania;

      Internal audit

               21.

               Is informed by the Institute that the first Internal Audit Service audit will be performed during 2012;

               22.

               Ascertains from its AAR that OLAF visited the Institute and provided a first training session for staff on audit principles and internal control standards in November 2010; acknowledges, moreover, that a cooperation agreement between OLAF and the Institute was prepared in 2010 and adopted by the Institute’s Management Board on 26 January 2011;

               23.

               Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2012 (5) on the performance, financial management and control of the agencies.

      (1)  OJ C 366, 15.12.2011, p. 173.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 403, 30.12.2006, p. 9.

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

      (5)  Texts adopted, P7_TA(2012)0164 (see page 388 of this Official Journal).


title: 2005/684/EC, Euratom: Decision of the European Parliament of 28 September 2005 adopting the Statute for Members of the European Parliament (2005/684/EC, Euratom)

text:
               7.10.2005

               EN

               Official Journal of the European Union

               L 262/1

      DECISION OF THE EUROPEAN PARLIAMENT

   of 28 September 2005
   adopting the Statute for Members of the European Parliament
   (2005/684/EC, Euratom)
   THE EUROPEAN PARLIAMENT,
   Having regard to the Treaty establishing the European Community, and in particular Article 190(5) thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 108(4) thereof,
   Having regard to the opinion of the Commission (1),
   With the approval of the Council (2),
   Whereas:

               (1)

               Parliament consists of ‘representatives of the peoples of the States brought together in the Community’. These representatives are, as is also affirmed in Article 190(1) of the EC Treaty, the ‘representatives of the peoples of the States brought together in the Community’. The same term is used in Article 190(2) of the EC Treaty (the number of representatives elected in each Member State) and in Article 190(3) of the EC Treaty (representatives shall be elected for a term of five years). These provisions, whereby Members are the representatives of the peoples, justify the use in the Statute of the term ‘Member’.

               (2)

               Parliament has the right to regulate its own business in its Rules of Procedure, in accordance with the first paragraph of Article 199 of the EC Treaty and in conformity with this Statute.

               (3)

               Article 1 of the Statute takes the concept of ‘Member’ and makes it clear that the Statute does not deal with Members' rights and obligations, but covers the rules and general conditions applicable to the exercise of their mandate.

               (4)

               The freedom and independence of Members, which are enshrined in Article 2 and which are not mentioned in any provision of primary law, should receive statutory protection. Undertakings made by Members to relinquish their office at a given time, or declarations of their intent to relinquish office on an unspecified date, which political parties can make use of at their discretion, should be considered as incompatible with Members' freedom and independence and should therefore not be binding in law.

               (5)

               Article 3(1) reproduces in full the provisions of Article 6(1) of the Act of 20 September 1976 concerning the election of the members of the European Parliament by direct universal suffrage.

               (6)

               The right of initiative referred to in Article 5 is the key right of every Member. Parliament's Rules of Procedure may not render that right nugatory.

               (7)

               The right to inspect files, provided for in Article 6, which is already enshrined in Parliament's Rules of Procedure, is an essential aspect of the exercise of a Member's mandate and should therefore be provided for by the Statute.

               (8)

               Article 7 is intended to ensure that, despite statements to the contrary, linguistic diversity will continue to be preserved. Any discrimination against any of the official languages should be ruled out. This principle should continue to apply after any enlargement of the European Union.

               (9)

               Pursuant to Articles 9 and 10, Members are to receive a salary for performing their duties. Regarding the amount of the salary, a group of experts convened by Parliament submitted a study in May 2000, pursuant to which a salary of 38,5 % of the basic salary of a judge at the Court of Justice of the European Communities is justified.

               (10)

               Since the salary and transitional allowance, as well as the old-age, invalidity and survivor's pensions, are funded from the general budget of the European Union, it is appropriate for them to be subject to tax for the benefit of the Communities.

               (11)

               On account of Members' specific circumstances, in particular the fact that they are under no obligation to reside in any of Parliament's places of work and their specific ties to the State in which they are elected, it is appropriate to provide for the possibility for Member States to apply the provisions of their national tax law to the salary and transitional allowance as well as to the old-age, invalidity and survivor's pensions.

               (12)

               Article 9(3) is necessary because parties often expect the benefits referred to in Article 9(1) and (2) to be used in part for their purposes. This form of party funding should be prohibited.

               (13)

               The transitional allowance provided for in Articles 9(2) and 13 is intended, in particular, to bridge the period between the end of a Member's term of office and his/her taking up a new post. When the former Member takes up another mandate or assumes a public office, this purpose ceases to be relevant.

               (14)

               In light of the developments in the Member States regarding old-age pensions, it seems appropriate for former Members to be entitled to an old-age pension as from their 63rd birthday. Article 14 does not affect the right of the Member States to take account of old-age pensions payable under national law when calculating Members' old-age pensions.

               (15)

               The arrangements for provision for survivors are essentially in line with current law in the European Community. The entitlement of a surviving spouse who has remarried is based on the modern idea that it relates to a personal benefit and is not intended merely as ‘provision’. Such an entitlement is not ruled out even when a surviving spouse is ‘provided for’ by virtue of his or her own income or personal wealth.

               (16)

               Article 18 is necessary because when the Statute enters into force, Member States will cease to reimburse the costs that Members incur as a result of sickness or to pay part of medical insurance contributions. These benefits are often retained after a Member's term of office is over.

               (17)

               The provisions concerning the reimbursement of expenses must be in conformity with the principles set out by the Court of Justice of the European Communities in the ‘Lord Bruce’ judgment (3). Parliament is thus allowed to effect such reimbursement by means of a flat-rate sum, in those cases in which it is appropriate, in order to reduce the administrative costs and burdens inherent in a system involving the verification of each individual item of expense. This therefore represents sound administration.

               (18)

               On 28 May 2003, Parliament's Bureau adopted a set of new rules governing the payment of expenses and allowances to Members on the basis of expenses actually incurred, which should enter into force at the same time as this Statute.

               (19)

               The Member States should ensure that the rules placing Members of the European Parliament, when exercising their mandate in their Member State, on the same footing as members of the national parliament are retained. It is not possible for this problem to be solved at European level, as numerous very disparate arrangements exist in the Member States. Without such rules, the exercise of the mandate of a Member of the European Parliament in the Member State where a Member was elected would be considerably hampered, if not impossible. Effective exercise of the mandate is also in the interests of the Member States.

               (20)

               Article 25(1) is required because the very disparate national provisions to which Members have so far been subject make it impossible to solve at European level all the problems associated with the transition from an old to a new European system. Giving Members a choice will make it impossible for Members' rights to be reduced or for them to suffer financial loss as a result of the transition. The rule contained in Article 25(2) is the consequence of the decision made pursuant to Article 25(1).

               (21)

               The diversity of national situations is addressed in Article 29, under which the Member States are allowed to adopt rules different from the provisions of this Statute as a transitional measure. That very diversity also justifies the possibility whereby Member States may retain parity of remuneration between Members of the European Parliament and members of national parliaments,

         DECIDES:
   TITLE I
   REGULATIONS AND GENERAL CONDITIONS GOVERNING THE PERFORMANCE OF THE DUTIES OF THE MEMBERS OF THE EUROPEAN PARLIAMENT
   Article 1
   This Statute lays down the regulations and general conditions governing the performance of the duties of Members of the European Parliament.
   Article 2
   1.   Members shall be free and independent.
   2.   Agreements concerning the resignation from office of a Member before or at the end of a parliamentary term shall be null and void.
   Article 3
   1.   Members shall vote on an individual and personal basis. They shall not be bound by any instructions and shall not receive a binding mandate.
   2.   Agreements concerning the way in which the mandate is to be exercised shall be null and void.
   Article 4
   Documents and electronic records which a Member has received, drafted or sent shall not be treated as Parliament documents unless they have been tabled in accordance with the Rules of Procedure.
   Article 5
   1.   Each Member shall be entitled to table proposals for Community acts in the context of Parliament's right of initiative.
   2.   Parliament shall lay down in its Rules of Procedure the conditions for the exercise of this right.
   Article 6
   1.   Members shall be entitled to inspect any files held by Parliament.
   2.   Paragraph 1 shall not apply to personal files and accounts.
   3.   Paragraph 1 shall apply without prejudice to acts of the European Union and agreements by the Institutions concerning access to documents.
   4.   Parliament shall lay down the conditions for the exercise of this right.
   Article 7
   1.   Parliament's documents shall be translated into all the official languages.
   2.   Speeches shall be interpreted simultaneously into all the other official languages.
   3.   Parliament shall lay down the conditions for the implementation of this Article.
   Article 8
   1.   Members may form themselves into political groups.
   2.   Parliament shall lay down in its Rules of Procedure the conditions for the exercise of this right.
   Article 9
   1.   Members shall be entitled to an appropriate salary to safeguard their independence.
   2.   At the end of their term of office, they shall be entitled to a transitional allowance and a pension.
   3.   Agreements on the use of the salary, the transitional end-of-service allowance and the pension for other than private purposes shall be null and void.
   4.   The surviving dependants of Members or former Members shall be entitled to a survivor's pension.
   Article 10
   The amount of the salary shall be 38,5 % of the basic salary of a judge at the Court of Justice of the European Communities.
   Article 11
   The salary received by a Member for the exercise of a mandate in another parliament shall be offset against the salary.
   Article 12
   1.   The salary provided for in Article 9 shall be subject to tax for the benefit of the Communities on the same terms and conditions as those laid down, on the basis of Article 13 of the Protocol on the privileges and immunities of the Communities, for the officials and other servants of the European Communities.
   2.   The abatements for occupational and personal expenses and those of a family and social nature, provided for in Article 3(2) to (4) of Regulation (EEC, Euratom, ECSC) No 260/68 of the Council of 29 February 1968 laying down the conditions and procedure for applying the tax for the benefit of the European Communities (4), shall not be applicable.
   3.   Paragraph 1 shall be without prejudice to the Member States' power to make the salary subject to national tax law provisions, provided that any double taxation is avoided.
   4.   Member States shall have the right to take the salary into account when setting the rate of taxation applicable to other revenue.
   5.   This Article shall also apply to the transitional allowance as well as to the old-age, invalidity and survivor's pensions, which are paid pursuant to Articles 13, 14, 15 and 17.
   6.   Benefits under Articles 18, 19 and 20 and contributions to the Pension Fund under Article 27 shall not be subject to tax.
   Article 13
   1.   At the end of their term of office Members shall be entitled to a transitional allowance equivalent to the salary pursuant to Article 10.
   2.   This entitlement shall continue for one month per year in which their mandate has been exercised, but not for less than six months or more than 24 months.
   3.   In the event of a Member's assuming a mandate in another parliament or taking public office, the transitional allowance shall be paid until the mandate starts or the public office is taken up.
   4.   In the event of death, the transitional allowance shall be paid for the last time in the month in which the former Member died.
   Article 14
   1.   Former Members shall be entitled to an old-age pension from the age of 63.
   2.   This pension shall be, for each full year's exercise of a mandate, 3,5 % of the salary pursuant to Article 10 and one twelfth thereof for each further full month, but not more than 70 % in total.
   3.   Entitlement to the old-age pension shall exist irrespective of any other pension.
   4.   Article 11 shall apply mutatis mutandis.
   Article 15
   1.   Members who become incapacitated during their term of office shall be entitled to a pension.
   2.   Article 14(2) shall apply mutatis mutandis. However, the amount of the pension shall be at least 35 % of the salary pursuant to Article 10.
   3.   The entitlement shall take effect when the Member concerned stands down.
   4.   Parliament shall lay down the conditions for the exercise of this right.
   5.   Article 11 shall apply mutatis mutandis.
   Article 16
   Should a former Member be entitled simultaneously to the payment of the transitional allowance pursuant to Article 13 and the pension pursuant to Article 14 or Article 15, he or she shall decide which arrangement shall be applied.
   Article 17
   1.   In the event of the death of a Member or of a former Member who at the time of his/her death was or would have been entitled in future to a pension pursuant to Article 14 or Article 15, the spouse and dependent children shall be entitled to a survivor's pension.
   2.   The total amount of the pension shall not exceed the pension to which the Member would have been entitled at the end of the parliamentary term or to which the former Member was or would have been entitled.
   3.   The surviving spouse shall receive 60 % of the amount referred to in paragraph 2, but in any case at least 30 % of the salary pursuant to Article 10. Such entitlement shall not be affected if the surviving spouse remarries. Such entitlement shall be forfeited if the specific circumstances of an individual case leave no reasonable doubt that the marriage was concluded solely for the purpose of securing a pension.
   4.   A dependent child shall receive 20 % of the amount referred to in paragraph 2.
   5.   Should it be necessary, the maximum amount of the pension to be paid shall be divided between the spouse and the children in the ratio of the percentages laid down in paragraphs 3 and 4.
   6.   The pension shall be paid from the first day of the month following the date of death.
   7.   Should the spouse die, the entitlement shall expire at the end of the month during which the death occurred.
   8.   A child's entitlement shall expire at the end of the month in which he/she reaches the age of 21. However, it shall continue for the duration of education or vocational training, but shall expire at the latest at the end of the month during which he/she reaches the age of 25. The entitlement shall continue if the child is unable to support himself/herself on account of sickness or infirmity.
   9.   Partners from relationships recognised in the Member States shall be treated as equivalent to spouses.
   10.   Parliament shall lay down the conditions for the exercise of this right.
   Article 18
   1.   Members and former Members drawing a pension, and persons entitled to the survivor's pension, shall be entitled to reimbursement of two thirds of the costs that they incur as a result of sickness, pregnancy or the birth of a child.
   2.   Parliament shall lay down the conditions for the exercise of this right.
   Article 19
   1.   Members shall be entitled to insurance cover for the risks connected with the exercise of their mandate.
   2.   Parliament shall lay down the conditions for the exercise of this right. Members shall pay one third of the resulting insurance premiums.
   Article 20
   1.   Members shall be entitled to reimbursement of expenses incurred in the exercise of their mandate.
   2.   Parliament shall reimburse the actual expenses incurred by Members in travelling to and from the places of work and in connection with other duty travel.
   3.   Others expenses incurred by Members in the exercise of their mandate may be reimbursed by means of a flat-rate sum.
   4.   Parliament shall lay down the conditions for the exercise of this right.
   5.   Article 9(3) shall apply mutatis mutandis

   Article 21
   1.   Members shall be entitled to assistance from personal staff whom they may freely choose.
   2.   Parliament shall meet the expenses actually incurred by Members in employing such personal staff.
   3.   Parliament shall lay down the conditions for the exercise of this right.
   Article 22
   1.   Members shall be entitled to use Parliament's office facilities, telecommunications equipment and official vehicles.
   2.   Parliament shall lay down the conditions for the exercise of this right.
   Article 23
   1.   All payments shall be made from the budget of the European Union.
   2.   The payments due pursuant to Articles 10, 13, 14, 15 and 17 shall be made monthly in euro or, at the option of the Member, in the currency of the Member State where he/she is domiciled. Parliament shall lay down the conditions under which the payments are to be made.
   Article 24
   Decisions concerning the implementation of this Statute shall come into force once they have been published in the Official Journal of the European Union

   TITLE II
   TRANSITIONAL PROVISIONS
   Article 25
   1.   Members who belonged to Parliament prior to the entry into force of this Statute and were re-elected may opt for the national system applicable hitherto in respect of the salary, transitional allowance and pensions for the entire duration of their membership of the European Parliament.
   2.   These payments shall be made from the budget of the Member State in question.
   Article 26
   1.   Members who wish to continue with the national system applicable hitherto pursuant to Article 25(1) shall notify the President of Parliament of this decision in writing within 30 days of the entry into force of this Statute.
   2.   The decision shall be final and irrevocable.
   3.   Should such notification not be made within the time-limit, the provisions of this Statute shall apply.
   Article 27
   1.   The voluntary pension fund set up by Parliament shall be maintained after the entry into force of this Statute for Members or former Members who have already acquired rights or future entitlements in that fund.
   2.   Acquired rights and future entitlements shall be maintained in full. Parliament may lay down criteria and conditions governing the acquisition of new rights or entitlements.
   3.   Members who receive the salary pursuant to Article 10 may not acquire any new rights or future entitlements in the voluntary pension fund.
   4.   The fund shall not be open to Members who are first elected to Parliament after this Statute becomes applicable.
   5.   Articles 9(3) and 14(3) shall apply mutatis mutandis.
   Article 28
   1.   Any pension entitlement that a Member has acquired in accordance with national arrangements at the time when this Statute is applied shall be retained in full.
   2.   If the length of the term of office served in the European Parliament or in a national parliament is not sufficient under national arrangements to give rise to any pension entitlement, the period concerned shall be taken into account in calculating the pension based on this Statute. Parliament may conclude agreements with the competent authorities of the Member States on the transfer of acquired entitlements.
   Article 29
   1.   Each Member State may adopt, for the Members elected in it, rules different from the provisions of this Statute as regards the salary, transitional allowance and pensions for a transitional period which may not exceed the length of two European Parliament parliamentary terms.
   2.   Those rules shall place the Members on at least an equal footing with the members of their respective national parliament.
   3.   All payments shall be made from the budget of the Member State in question.
   4.   The entitlements of Members pursuant to Articles 18 to 22 shall not be affected by such rules.
   TITLE III
   FINAL PROVISION
   Article 30
   This Statute shall enter into force on the first day of the European Parliament parliamentary term beginning in 2009.

      Done at Strasbourg, 28 September 2005.

            For the European Parliament

            The President

            J. BORRELL FONTELLES

      (1)  Opinion of the Commission of 3 June 2003, confirmed by Vice-President Wallström in the course of the sitting of the European Parliament on 22 June 2005.

      (2)  Letter from the Council of 19 July 2005.

      (3)  Judgment of the Court of 15 September 1981, Case 208/80, Rt. Hon. Lord Bruce of Donington v Eric Gordon Aspden [1981] ECR 2205.

      (4)  OJ L 56, 4.3.1968, p. 8. Regulation as last amended by Regulation (EC, Euratom) No 723/2004 (OJ L 124, 27.4.2004, p. 1).


Avis juridique important

|

31979D0793

79/793/EEC: Council Decision of 11 September 1979 replacing a member of the Committee of the European Social Fund

Official Journal L 233 , 15/09/1979 P. 0028 - 0028

****( 1 ) OJ NO L 249 , 10 . 11 . 1971 , P . 54 .  ( 2 ) OJ NO 56 , 31 . 8 . 1960 , P . 1201/60 .  ( 3 ) OJ NO L 91 , 12 . 4 . 1968 , P . 25 .        COUNCIL DECISION   OF 11 SEPTEMBER 1979   REPLACING A MEMBER OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND  ( 79/793/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO REGULATION ( EEC ) NO 2396/71 ( 1 ) CONCERNING THE EUROPEAN SOCIAL FUND ,   HAVING REGARD TO THE RULES OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND ( 2 ), AS AMENDED BY THE COUNCIL DECISION OF 9 APRIL 1968 ( 3 ), AND IN PARTICULAR ARTICLE 7 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 17 APRIL 1978 APPOINTING THE MEMBERS AND ALTERNATES OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND FOR THE PERIOD ENDING 16 APRIL 1980 ,   WHEREAS A SEAT AS MEMBER OF THE ABOVEMENTIONED COMMITTEE IN THE WORKERS '  REPRESENTATIVES CATEGORY HAS FALLEN VACANT FOLLOWING THE RESIGNATION OF MR URWIN , OF WHICH THE COUNCIL WAS INFORMED ON 11 MAY 1979 ,   HAVING REGARD TO THE NOMINATION SUBMITTED ON 8 AUGUST 1979 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR W . H . KEYS IS HEREBY APPOINTED MEMBER OF THE COMMITTEE OF THE EUROPEAN SOCIAL FUND IN PLACE OF MR URWIN FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 16 APRIL 1980 .   DONE AT BRUSSELS , 11 SEPTEMBER 1979 .   FOR THE COUNCIL   THE PRESIDENT   R . MC SHARRY


title: Commission Decision (EU) 2015/2056 of 13 November 2015 amending Decisions 2009/300/EC, 2009/563/EC, 2009/894/EC, 2011/330/EU and 2011/337/EU in order to prolong the validity of the ecological criteria for the award of the EU Ecolabel to certain products (notified under document C(2015) 7781) (Text with EEA relevance)

text:
               17.11.2015

               EN

               Official Journal of the European Union

               L 300/41

         COMMISSION DECISION (EU) 2015/2056
   of 13 November 2015
   amending Decisions 2009/300/EC, 2009/563/EC, 2009/894/EC, 2011/330/EU and 2011/337/EU in order to prolong the validity of the ecological criteria for the award of the EU Ecolabel to certain products

         (notified under document C(2015) 7781)

   (Text with EEA relevance)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 66/2010 of the European Parliament and of the Council of 25 November 2009 on the EU Ecolabel (1), and in particular Article 8(3)(c) thereof,
   After consulting the European Union Eco-Labelling Board,
   Whereas:

               (1)

               Commission Decision 2009/300/EC (2) expires on 31 December 2015.

               (2)

               Commission Decision 2009/563/EC (3) expires on 31 December 2015.

               (3)

               Commission Decision 2009/894/EC (4) expires on 31 December 2015.

               (4)

               Commission Decision 2011/330/EU (5) expires on 31 December 2015.

               (5)

               Commission Decision 2011/337/EU (6) expires on 31 December 2015.

               (6)

               An assessment has been carried out confirming the relevance and appropriateness of the current ecological criteria, as well as of the related assessment and verification requirements, established by Decisions 2009/300/EC, 2009/563/EC, 2009/894/EC, 2011/330/EU and 2011/337/EU. As the current ecological criteria and the related assessment and verification requirements set out in those Decisions are still under revision, it is appropriate to prolong the periods of validity of those ecological criteria and those related assessment and verification requirements until 31 December 2016.

               (7)

               Decisions 2009/300/EC, 2009/563/EC, 2009/894/EC, 2011/330/EU and 2011/337/EU should therefore be amended accordingly.

               (8)

               The measures provided for in this Decision are in accordance with the opinion of the Committee set up by Article 16 of Regulation (EC) No 66/2010,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 3 of Decision 2009/300/EC is replaced by the following:

      ‘Article 3
      The ecological criteria for the product group “televisions” and the related assessment and verification requirements, shall be valid until 31 December 2016.’

   Article 2
   Article 3 of Decision 2009/563/EC is replaced by the following:

      ‘Article 3
      The ecological criteria for the product group “footwear” and the related assessment and verification requirements, shall be valid until 31 December 2016.’

   Article 3
   Article 3 of Decision 2009/894/EC is replaced by the following:

      ‘Article 3
      The ecological criteria for the product group “wooden furniture” and the related assessment and verification requirements, shall be valid until 31 December 2016.’

   Article 4
   Article 3 of Decision 2011/330/EU is replaced by the following:

      ‘Article 3
      The ecological criteria for the product group “notebook computers” and the related assessment and verification requirements, shall be valid until 31 December 2016.’

   Article 5
   Article 4 of Decision 2011/337/EU is replaced by the following:

      ‘Article 4
      The ecological criteria for the product group “personal computers” and the related assessment and verification requirements, shall be valid until 31 December 2016.’

   Article 6
   This Decision is addressed to the Member States.

      Done at Brussels, 13 November 2015.

            For the Commission

         Karmenu VELLA

            Member of the Commission

      (1)  OJ L 27, 30.1.2010, p. 1.

      (2)  Commission Decision 2009/300/EC of 12 March 2009 establishing the revised ecological criteria for the award of the Community Eco-label to televisions (OJ L 82, 28.3.2009, p. 3).

      (3)  Commission Decision 2009/563/EC of 9 July 2009 on establishing the ecological criteria for the award of the Community eco-label for footwear (OJ L 196, 28.7.2009, p. 27).

      (4)  Commission Decision 2009/894/EC of 30 November 2009 on establishing the ecological criteria for the award of the Community eco-label for wooden furniture (OJ L 320, 5.12.2009, p. 23).

      (5)  Commission Decision 2011/330/EU of 6 June 2011 on establishing the ecological criteria for the award of the EU Ecolabel for notebook computers (OJ L 148, 7.6.2011, p. 5).

      (6)  Commission Decision 2011/337/EU of 9 June 2011 on establishing the ecological criteria for the award of the EU Ecolabel for personal computers (OJ L 151, 10.6.2011, p. 5).


title: 78/813/EEC: Council Decision of 25 September 1978 appointing a member and an alternate member of the Advisory Committee on Medical Training

text:
6. 10 . 78                           Official Journal of the European Communities                      No L 281 / 15
                                                            II
                                        (Acts whose publication is not obligatory)
                                                    COUNCIL
                                                 COUNCIL DECISION
                                                  of 25 September 1978
              appointing a member and an alternate member of the Advisory Committee on
                                                    Medical Training
                                                       (78/813/EEC)
THE COUNCIL OF THE EUROPEAN                                     Whereas on 17 August 1978 the French Government
COMMUNITIES,                                                    nominated Mr Borde as a new alternate member,
Having regard to the Treaty establishing the European
Economic Community,                                             HAS DECIDED AS FOLLOWS :
                                                                                Article 1
Having regard to Council Decision 75/364/EEC of 16
June 1975 setting up an Advisory Committee on                   Mr Rapin is hereby appointed member of the Advi
Medical Training (J),                                           sory Committee on Medical Training in place of Mr
Having regird to Council Decision 76/385/EEC of 6               Meyniel for the remainder of the latter's term of
April 1976 appointing the members and alternate                 office, which runs until 5 April 1979.
members of the Advisory Committee on Medical                                          Article 2
Training (2),
                                                                Mr Borde is hereby appointed an alternate member of
Whereas Mr Meyniel has requested to be relieved of              the Advisory Committee on Medical Training in place
his duties as a member of the Advisory Committee on             of Mr Rapin for the remainder of the latter's term of
Medical Training ;                                              office, which runs until 5 April 1979.
Whereas on 17 August 1978 the French Government
nominated Mr Rapin, an alternate member of the said             Done at Brussels, 25 September 1978 .
committee, as a member ;
Whereas    a   seat as    an  alternate   member of     the                                For the Council
committee in the category of experts from university                                        The President
medical faculties will fall vacant following the appoint
ment of Mr Rapin ;                                                                             J. ERTL
(') OJ No L 167, 30. 6. 1975, p. 17.
(2) OJ No L 101 , 15 . 4. 1976, p. 51 .


title: Council Decision 2011/270/CFSP of 5 May 2011 appointing the European Union Special Representative in Kosovo

text:
               7.5.2011

               EN

               Official Journal of the European Union

               L 119/12

         COUNCIL DECISION 2011/270/CFSP
   of 5 May 2011
   appointing the European Union Special Representative in Kosovo (1)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and, in particular Articles 28, 31(2) and 33 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 10 June 1999, the United Nations Security Council adopted Resolution 1244.

               (2)

               On 15 September 2006, the Council adopted Joint Action 2006/623/CFSP (2) on the establishment of a team to contribute to the preparations of the establishment of a possible International Civilian Office in Kosovo, including a European Union Special Representative component (ICO/EUSR Preparation Team).

               (3)

               On 13/14 December 2007, the European Council underlined that the Union stands ready to play a leading role in strengthening stability in the region and in implementing a settlement defining Kosovo's future status. It stated the Union's readiness to assist Kosovo in the path towards sustainable stability, including by a European Security and Defence Policy (ESDP) mission and a contribution to an International Civilian Office as part of the international presences.

               (4)

               On 4 February 2008, the Council adopted Joint Action 2008/123/CFSP (3) appointing Mr Pieter FEITH European Union Special Representative (EUSR) in Kosovo, whose mandate expires on 30 April 2011.

               (5)

               Mr Fernando GENTILINI should be appointed as EUSR in Kosovo from 1 May 2011 to 31 July 2011.

               (6)

               The Stabilisation and Association Process is the strategic framework of the Union’s policy towards the Western Balkan region, and its instruments apply to Kosovo, including a European partnership, political and technical dialogue under the Stabilisation and Association Process dialogue, and related Union assistance programmes.

               (7)

               The mandate of the EUSR will be implemented in coordination with the Commission in order to ensure consistency with other relevant activities falling within Union competence.

               (8)

               The EUSR will implement his mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   Mr Fernando GENTILINI is hereby appointed as the European Union Special Representative (EUSR) in Kosovo from 1 May 2011 until 31 July 2011. The mandate of the EUSR may be terminated earlier, if the Council so decides, on a proposal of the High Representative of the Union for Foreign Affairs and Security Policy (HR).
   Article 2
   Policy objectives
   The mandate of the EUSR shall be based on the policy objectives of the Union in Kosovo. These include to play a leading role in strengthening stability in the region and in implementing a settlement defining Kosovo's future status, with the aim of a stable, viable, peaceful, democratic and multi-ethnic Kosovo, contributing to regional cooperation and stability, on the basis of good neighbourly relations; a Kosovo that is committed to the rule of law and to the protection of minorities and of cultural and religious heritage.
   Article 3
   Mandate
   In order to achieve the policy objectives, the mandate of the EUSR shall be to:

               (a)

               offer the Union’s advice and support in the political process;

               (b)

               promote overall Union political coordination in Kosovo;

               (c)

               provide local political guidance to the Head of the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO), including on the political aspects of issues relating to executive responsibilities;

               (d)

               ensure consistency and coherence of Union action towards the public. The EUSR spokesperson shall be the main Union point of contact for Kosovo media on Common Foreign and Security Policy/Common Security and Defence Policy (CFSP/CSDP) issues. All press and public information activities shall be conducted in close and continued coordination with the HR spokesperson/Council Secretariat Press Office;

               (e)

               contribute to the development and consolidation of respect for human rights and fundamental freedoms in Kosovo, including with regard to women and children, in accordance with Union human rights policy and Union Guidelines on Human Rights.

         Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate acting under the authority of the HR.
   2.   The Political and Security Committee (PSC) shall maintain a privileged link with the EUSR and shall be the EUSR’s primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   3.   The EUSR shall work in close coordination with the European External Action Service (EEAS).
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR in the period from 1 May 2011 to 31 July 2011 shall be EUR 690 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union. Nationals of the countries of the Western Balkans region shall be allowed to tender for contracts.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   A dedicated staff shall be assigned to assist the EUSR to implement his mandate and to contribute to the coherence, visibility and effectiveness of Union action in Kosovo overall. Within the limits of his mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of his team.
   2.   Member States, institutions of the Union and the EEAS may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State, institution of the Union or the EEAS and shall carry out their duties and act in the interest of the mandate of the EUSR.
   Article 7
   Privileges and immunities of the EUSR and his staff
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of his staff shall be agreed with the host party/parties as appropriate. Member States and the Commission shall grant all necessary support to such effect.
   Article 8
   Security of classified information
   1.   The EUSR and the members of his team shall respect the security principles and minimum standards established by Council Decision 2001/264/EC of 19 March 2001 adopting the Council's security regulations (4), in particular when managing EU classified information.
   2.   The HR shall be authorised to release to NATO/KFOR EU classified information and documents up to the level ‘CONFIDENTIEL UE’ generated for the purposes of the action, in accordance with the Council's security regulations.
   3.   The HR shall be authorised to release to the United Nations (UN) and the Organisation for Security and Co-operation in Europe (OSCE), in accordance with the operational needs of the EUSR, EU classified information and documents up to the level ‘RESTREINT UE’ which are generated for the purposes of the action, in accordance with the Council's security regulations. Local arrangements shall be drawn up for this purpose.
   4.   The HR shall be authorised to release to third parties associated with this Decision EU non-classified documents related to the deliberations of the Council with regard to the action covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council's Rules of Procedure (5).
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegation in the region and/or Member States, as appropriate, shall provide logistical support.
   Article 10
   Security
   In accordance with the Union’s policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in conformity with his mandate and the security situation in his geographical area of responsibility, for the security of all personnel under his direct authority, notably by:

               (a)

               establishing a mission-specific security plan, including mission-specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the mission area, as well as the management of security incidents and including a mission contingency and evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the mission area;

               (c)

               ensuring that all members of his team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the mission area, based on the risk ratings assigned to the mission area;

               (d)

               ensuring that all agreed recommendations made following regular security assessments are implemented and providing the HR, the Council and the Commission with written reports on their implementation and on other security issues within the framework of the mid-term and mandate implementation reports.

         Article 11
   Reporting
   The EUSR shall regularly provide the HR and the PSC with oral and written reports. The EUSR shall also report as necessary to Council working parties. Regular written reports shall be circulated through the COREU network. Upon recommendation of the HR or the PSC, the EUSR may provide the Foreign Affairs Council with reports.
   Article 12
   Coordination
   1.   The EUSR shall promote overall Union political coordination. He shall help ensure that all Union instruments in the field are engaged coherently to attain the Union’s policy objectives. The activities of the EUSR shall be coordinated with those of the Commission, as well as those of other EUSRs active in the region as appropriate. The EUSR shall provide regular briefings to Member States’ missions and the Union’s delegations.
   2.   In the field, close liaison shall be maintained with the Heads of Union delegations in the region and Member States’ Heads of Mission. They shall make best efforts to assist the EUSR in the implementation of the mandate. The EUSR shall provide local political guidance to the Head of the EULEX KOSOVO, including on the political aspects of issues relating to executive responsibilities. The EUSR and the Civilian Operation Commander will consult each other as required.
   3.   The EUSR shall also liaise with relevant local bodies and other international and regional actors in the field.
   4.   The EUSR, with other Union actors present in the field, shall ensure the dissemination and sharing of information among Union actors in theatre with a view to achieving a high degree of common situation awareness and assessment.
   Article 13
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the HR, the Council and the Commission with a comprehensive mandate implementation report at the end of the mandate.
   Article 14
   Entry into force
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 May 2011.

      Done at Brussels, 5 May 2011.

            For the Council

            The President

         MARTONYI J.

      (1)  Under United Nations Security Council Resolution 1244 (1999).

      (2)  OJ L 253, 16.9.2006, p. 29.

      (3)  OJ L 42, 16.2.2008, p. 88.

      (4)  OJ L 101, 11.4.2001, p. 1.

      (5)  Council Decision 2009/937/EU of 1 December 2009 adopting the Council's Rules of Procedure (OJ L 325, 11.12.2009, p. 35).


Avis juridique important

|

31981D0123

81/123/EEC: Council Decision of 17 February 1981 appointing a member of the Management Board of the European Centre for the Development of Vocational Training

Official Journal L 067 , 12/03/1981 P. 0031 - 0031

****( 1 ) OJ NO L 39 , 13 . 2 . 1975 , P . 1 .    COUNCIL DECISION   OF 17 FEBRUARY 1981   APPOINTING A MEMBER OF THE MANAGEMENT BOARD OF THE EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING  ( 81/123/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 337/75 OF 10 FEBRUARY 1975 ON THE CREATION OF A EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING ( 1 ), AND IN PARTICULAR ARTICLE 4 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 15 JANUARY 1979 APPOINTING THE MEMBERS OF THE MANAGEMENT BOARD OF THE EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING FOR THE PERIOD ENDING ON 14 JANUARY 1982 ,   WHEREAS A MEMBER ' S SEAT ON THE MANAGEMENT BOARD OF THE ABOVE CENTRE IN THE EMPLOYERS '  REPRESENTATIVES CATEGORY HAS BECOME VACANT AS A RESULT OF THE RESIGNATION OF MR WESTERHUIS OF WHICH THE COUNCIL WAS INFORMED ON 28 JANUARY 1981 ;   HAVING REGARD TO THE NOMINATION SUBMITTED ON 28 JANUARY 1981 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MRS GERTRUDE DE LANGE IS HEREBY APPOINTED A MEMBER OF THE MANAGEMENT BOARD OF THE EUROPEAN CENTRE FOR THE DEVELOPMENT OF VOCATIONAL TRAINING TO REPLACE MR WESTERHUIS FOR THE REMAINDER OF HIS TERM OF OFFICE , NAMELY UNTIL 14 JANUARY 1982 .   DONE AT BRUSSELS , 17 FEBRUARY 1981 .   FOR THE COUNCIL   THE PRESIDENT   D . F . VAN DER MEI


title: 2012/614/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/342

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2010
   (2012/614/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2010, together with the replies of the Joint Undertaking (1),

               —

               having regard to the conclusions of the European Parliament Joint Delegation of the Committee on Budgets and the Committee on Budgetary Control to ITER in Cadarache of 16-18 May 2011,

               —

               having regard to the Council’s recommendation of 21 February 2012 (06086/2012 - C7-0050/2012),

               —

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

               —

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

               —

               having regard to Council Decision 2007/198/Euratom of 27 March 2007 establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it (3), and in particular Article 5 thereof,

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0113/2012),

               1.

               Grants the Director of the European Joint Undertaking for ITER and the Development of Fusion Energy discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2010;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director of the European Joint Undertaking for ITER and the Development of Fusion Energy, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 368, 16.12.2011, p. 24.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 90, 30.3.2007, p. 58.

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

               17.10.2012

               EN

               Official Journal of the European Union

               L 286/343

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2010
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Joint Undertaking for ITER and the Development of Fusion Energy for the financial year 2010, together with the replies of the Joint Undertaking (1),

               —

               having regard to the conclusions of the European Parliament Joint Delegation of the Committee on Budgets and the Committee on Budgetary Control to ITER in Cadarache of 16-18 May 2011,

               —

               having regard to the Council’s recommendation of 21 February 2012 (06086/2012 - C7-0050/2012),

               —

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

               —

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

               —

               having regard to Council Decision 2007/198/Euratom of 27 March 2007 establishing the European Joint Undertaking for ITER and the Development of Fusion Energy and conferring advantages upon it (3), and in particular Article 5 thereof,

               —

               having regard to the Financial Regulation of the European Joint Undertaking for ITER and the Development of Fusion Energy, adopted by decision of 22 October 2007 of the Joint Undertaking’s Governing Board (hereinafter ‘ITER Financial Regulation’),

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0113/2012),

               A.

               whereas the European Joint Undertaking for ITER and the Development of Fusion Energy (‘the Joint Undertaking’) was set up in March 2007 for a period of 35 years,

               B.

               whereas the Court of Auditors states that it has obtained reasonable assurances that the annual accounts for the financial year 2010 are reliable and that the underlying transactions are legal and regular,

               C.

               whereas the ITER Financial Regulation is based on the framework Financial Regulation, which was recently amended to bring it into line with changes made to the general Financial Regulation,

               D.

               whereas on 9 October 2008 the Court of Auditors delivered Opinion No 4/2008 on the ITER Financial Regulation,

               E.

               whereas the Joint Undertaking started to work autonomously on 18 March 2008,

               F.

               whereas at the creation of the Joint Undertaking the indicative total resources deemed necessary for the period 2007 to 2014 were EUR 9 653 000 000,

               G.

               whereas the final budget of the Joint Undertaking for the financial year 2010 included commitment appropriations of EUR 444 100 000 and payment appropriations of EUR 241 700 000,

      Budget and financial management

               1.

               Notes that in January 2010 the Governing Board accepted the resignation of the Joint Undertaking’s first Director;

               2.

               Notes with concern that the Court of Auditors draws attention to the requirement for substantially increased resources for the ITER project compared to the indicative total resources deemed necessary for the period 2007-2014;

               3.

               Notes that the budget of the Joint Undertaking for the financial year 2010 was initially adopted for the collective amount of EUR 447 440 000 in commitment appropriations and EUR 254 900 000 in payment appropriations; understands from the Joint Undertaking’s Final Accounts that its 2010 budget has been amended twice; acknowledges in particular that the purpose of the two amending budgets was fourfold:

                           —

                           to decrease by EUR 3 300 000 the Euratom administrative contribution in view to reaching full accordance between the initial Joint Undertaking’s budget and the Union’s general budget for 2010,

                           —

                           to update the ITER Host State Contribution: a debit note for the full amount provided for in the budget of EUR 13 600 000 was issued for the payment of the 2010 French contribution; on the basis of a real forecast in payment, EUR 8 000 000 have been cashed in 2010,

                           —

                           to update the membership contributions: the Joint Undertaking received a complement to the 2009 membership contributions but Italy and Hungary did not pay their contributions related to the 2010 budget, despite several reminders,

                           —

                           to record other additional revenues made of bank interest on the French contribution (EUR 104 506,54), interest on the ‘current account’ (EUR 34 629,49), and reimbursement from the Translation Centre for the Bodies of the European Union (EUR 1 389,00);

               4.

               Takes note from comments by the Joint Undertaking that it has implemented 99,9 % of its 2010 budget in terms of commitment appropriations; is however concerned with the delays in implementing activities which resulted in a utilisation rate for payment appropriations of only 63,4 %;

               5.

               Acknowledges with concern that carry-overs from 2009 amounted to EUR 106 800 000 in commitment appropriations and EUR 52 200 000 in payment appropriations and that these appropriations are mainly accruing from the ITER host state and assigned to the ITER construction;

               6.

               Notes from the Joint Undertaking’s Final Accounts that in 2010 cancelled commitment and payment appropriations for administrative expenditure amounted to EUR 1 090 550,73 while cancelled payment appropriations for operational expenditure amounted to EUR 50 713 452,82;

               7.

               Underlines with concern the high cash balance, which amounted to EUR 78 800 000 at the end of the year representing 26,8 % of the available payment appropriations in 2010;

      Procurement and grants

               8.

               Notes from the Joint Undertakings’ 2010 Annual Activity Report (AAR) that a total of 44 procurement contracts were awarded for a total value of EUR 826 000 000; notes, in particular, that 42 operational procurement procedures were initiated, 43 procurement evaluations were completed and 43 procurement contracts were signed; also establishes from the AAR that the Joint Undertaking issued a total of five administrative procurement procedures, awarded seven administrative procurement contracts for a total value of EUR 6 000 000 and signed six procurement contracts;

               9.

               Ascertains that a total of 16 grant procedures were issued, 21 evaluations were completed, 23 agreements were awarded and 29 agreements were signed;

               10.

               Acknowledges that the Court of Auditors tested a sample of nine procurement and six grant award procedures; is concerned that, out of the nine procurement procedures audited, three of them received only one offer; is furthermore concerned that for the grants, the average number of proposals received was only one per call; urges the Joint Undertaking to develop an Action Plan with concrete measures and deadlines to maximise competition and to follow the value-for-money principle in the call preparation, publication, evaluation and contract management phases;

               11.

               Notes that the controls applied by the Joint Undertaking before payments are made under grant agreements are not sufficiently documented to provide assurance regarding compliance with the financial requirements and the eligibility of the underlying costs; underlines that the Internal Auditor of the Joint Undertaking has also noted that the ex-ante control approach for payments of cost claims is not effective and not well prepared to process cost claims; calls on the Joint Undertaking to take the necessary measures to reinforce controls before payments are executed and to keep the discharge authority informed on this matter;

               12.

               Notes that the list of contracts and grant beneficiaries is not publicly available on the Joint Undertaking’s website and is concerned by this lack of transparency; calls, therefore, on the Joint Undertaking to follow the examples set by the Joint Undertakings Clean Sky, FCH, IMI and SESAR and to update its website with a complete list of contracts and grants beneficiaries for 2010 as well as for the previous financial years;

      Internal control systems

               13.

               Notes with concern that the Joint Undertaking’s internal control systems have not yet been fully established and implemented as required by its Financial Regulation; further regrets that concerns have been voiced on the financial circuits and the separation of duties; recognises that a new organisational structure became operational on 1 January 2011; notes however that the responsibility for the financial circuits has still not been fully assigned and that Joint Undertaking’s key posts were still vacant;

               14.

               Calls on the Joint Undertaking to validate the business processes that provide financial information to the accounting systems (ABAC and SAP); further urges the Joint Undertaking to put in place an appropriate tool for the management of the operational contracts integrated with the budget and financial reporting systems;

               15.

               Appreciates that the Joint Undertaking set up an Audit Committee reporting directly to the Governing Board as requested by the discharge authority;

               16.

               Notes that the Joint Undertaking has started to develop an ex-post audit strategy aiming to assess the legality and regularity of the underlying transactions, to be implemented in 2012; underlines that the Joint Undertaking started to work autonomously on March 2008;

      Internal audit

               17.

               Takes note that the Joint Undertaking’s Financial Rules have not yet been amended to include the provision referring to the powers of the Commission’s internal auditor regarding the general budget as a whole;

               18.

               Notes however that the Commission and the Joint Undertaking have taken action to ensure that the respective operational roles of the Commission’s Internal Audit Service and the Joint Undertaking’s internal auditing function are clearly defined;

      Late payment of membership contributions and Host State agreement

               19.

               Considers it to be essential that the deadline for paying membership contributions is respected by all Members of the Joint Undertaking; notes that measures were approved by the Governing Board for interest to be levied on Annual Membership Contribution in the event of late payment;

               20.

               Recognises that, although a host agreement on the site and support, privileges and immunities was signed between the Kingdom of Spain and the Joint Undertaking, the permanent premises were yet not made available to the Joint Undertaking; notes however that the Joint Undertaking occupies temporary premises sponsored by the Kingdom of Spain;

      Horizontal observations on the Joint Undertakings

               21.

               Underlines that seven Joint Undertakings have so far been established by the Commission under Article 187 of the Treaty on the Functioning of the European Union; notes that six Joint Undertakings (IMI, Artemis, ENIAC, Clean Sky, FCH and ITER-F4E) are in the research area under the Commission’s DGs RTD and INFSO and one is charged with developing the new air traffic management system (SESAR) in the transport domain whose activities are supervised by DG MOVE;

               22.

               Notes that the total indicative resources deemed necessary for the Joint Undertakings for their period of existence amounts to EUR 21 793 000 000;

               23.

               Notes that the total Union contribution deemed necessary for the Joint Undertakings for their period of existence amounts to EUR 11 489 000 000;

               24.

               Notes that, for the financial year 2010, the overall Union contribution to the budget of the Joint Undertakings amounted to EUR 505 000 000;

               25.

               Calls on the Commission to provide the discharge authority annually with consolidated information on the total annual funding per Joint Undertaking made from the general budget of the Union in order to ensure transparency and clarity on the use of the Union’s funds and restore trust among the European taxpayers;

               26.

               Welcomes the initiative of Artemis to include information in its AAR on the monitoring and review of its ongoing projects; believes this is a practice that should be followed by the other Joint Undertakings;

               27.

               Recalls that Joint Undertakings are public-private partnerships and that as a consequence public and private interests are intertwined; is of the opinion that under the circumstances the likelihood of conflicts of interest should not be dismissed but addressed properly; calls therefore on the Joint Undertakings to inform the discharge authority on the verification mechanisms which exist in their respective structures to enable a proper management and prevention of conflicts of interest;

               28.

               Notes, with the notable exception of the Joint Undertaking for ITER and the Development of Fusion Energy, that Joint Undertakings are relatively small structures and geographically-concentrated; believes therefore that they should pool their resources where possible;

               29.

               Calls on the Court of Auditors to provide the discharge authority with a follow-up on the comments it has made for each of the Joint Undertakings in their respective report on the annual accounts for the financial year 2011;

               30.

               Invites the Court of Auditors to provide, within a reasonable deadline, a special report to Parliament, on the added value of the establishment of the Joint Undertakings for the efficient execution of Union research, technological development and demonstration programmes; further notes that the same report should include an assessment of the effectiveness of the Joint Undertakings’ establishment.

      (1)  OJ C 368, 16.12.2011, p. 24.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 90, 30.3.2007, p. 58.

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


Avis juridique important

|

31992D0384

92/384/EEC: Council Decision of 22 June 1992 concerning the conclusion of an Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation

Official Journal L 200 , 18/07/1992 P. 0020 - 0020

COUNCIL DECISION of 22 June 1992 concerning the conclusion of an Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation (92/384/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 84 (2) thereof,  Having regard to the proposal from the Commission,  Having regard to the opinion of the European Parliament (1),  Having regard to the opinion of the Economic and Social Committee (2),  Whereas the Council decided at its meeting of 18 and 19 June 1990 that negotiations with Norway and Sweden should not be further delayed and authorized the Commission to open negotiations with these two countries, using as a basis the negotiating  directives drafted for the purpose of the negotiations between the Community and the European Free Trade Association (EFTA) States;  Whereas the Commission has conducted all the negotiations in close coordination and consultation with the Member States;  Whereas the Agreement permits the creation, in the area covered by the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden, of a set of rules applicable to civil aviation, thus permitting the establishment of a uniform system of  rules concerning market access, airline capacity as well as price setting in that field;  Whereas finally the agreed text resulting from the negotiations meets the negotiating directives for the conclusion of an Agreement between the Community and EFTA States on air transport;  Whereas the Agreement should be approved,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement between the European Economic Community, the Kingdom of Norway and the Kingdom of Sweden on civil aviation is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council shall carry out the necessary formalities as provided for in Article 23 of the Agreement.  Article 3  The Commission, assisted by representatives of the Member States, shall represent the Community in the Joint Committee set up by Article 13 of the Agreement.  Article 4  This Decision shall be published in the Official Journal of the European Communities.  It shall take effect on the day of its publication.  Done at Luxembourg, 22 June 1992.  For the Council The President Joaquim FERREIRA DO AMARAL (1) OJ No C 94, 13. 4. 1992.(2) OJ No C 40, 17. 2. 1992, p. 20.


Avis juridique important

|

11979H/DEC/KSG

DOCUMENTS CONCERNING THE ACCESSION OF THE HELLENIC REPUBLIC TO THE EUROPEAN COMMUNITIES, DECISION OF THE COUNCIL OF THE EUROPEAN COMMUNITIES OF 24 MAY 1979 ON THE ACCESSION OF THE HELLENIC REPUBLIC TO THE EUROPEAN COAL AND STEEL COMMUNITY

Official Journal L 291 , 19/11/1979 P. 0005 - 0006

+++++THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO ARTICLE 98 OF THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY ,  HAVING REGARD TO THE OPINION OF THE COMMISSION ,  WHEREAS THE HELLENIC REPUBLIC HAS APPLIED TO ACCEDE TO THE EUROPEAN COAL AND STEEL COMMUNITY ;  WHEREAS THE CONDITIONS OF ACCESSION TO BE DETERMINED BY THE COUNCIL HAVE BEEN NEGOTIATED WITH THE HELLENIC REPUBLIC ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  1 . THE HELLENIC REPUBLIC MAY BECOME A MEMBER OF THE EUROPEAN COAL AND STEEL COMMUNITY BY ACCEDING , UNDER THE CONDITIONS LAID DOWN IN THIS DECISION , TO THE TREATY ESTABLISHING THAT COMMUNITY , AS AMENDED OR SUPPLEMENTED .  2 . THE CONDITIONS OF ACCESSION AND THE ADJUSTMENTS TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY NECESSITATED THEREBY ARE SET OUT IN THE ACT ANNEXED TO THIS DECISION . THE PROVISIONS OF THAT ACT CONCERNING THE EUROPEAN COAL AND STEEL COMMUNITY SHALL FORM AN INTEGRAL PART OF THIS DECISION .  3 . THE PROVISIONS CONCERNING THE RIGHTS AND OBLIGATIONS OF THE MEMBER STATES AND THE POWERS AND JURISDICTION OF THE INSTITUTIONS OF THE COMMUNITIES AS SET OUT IN THE TREATY REFERRED TO IN PARAGRAPH 1 SHALL APPLY IN RESPECT OF THIS DECISION .  ARTICLE 2  THE INSTRUMENT OF ACCESSION OF THE HELLENIC REPUBLIC TO THE EUROPEAN COAL AND STEEL COMMUNITY WILL BE DEPOSITED WITH THE GOVERNMENT OF THE FRENCH REPUBLIC ON 1 JANUARY 1981 .  ACCESSION WILL TAKE EFFECT ON 1 JANUARY 1981 , PROVIDED THAT THE HELLENIC REPUBLIC HAS DEPOSITED ITS INSTRUMENT OF ACCESSION ON THAT DATE AND THAT ALL THE SIGNATORY STATES TO THE TREATY CONCERNING ACCESSION OF THE HELLENIC REPUBLIC TO THE EUROPEAN ECONOMIC COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY HAVE DEPOSITED THEIR INSTRUMENTS OF RATIFICATION BEFORE THAT DATE .  THE GOVERNMENT OF THE FRENCH REPUBLIC WILL TRANSMIT A CERTIFIED COPY OF THE INSTRUMENT OF ACCESSION OF THE HELLENIC REPUBLIC TO THE GOVERNMENTS OF THE MEMBER STATES .  ARTICLE 3  THIS DECISION , DRAWN UP IN THE DANISH , DUTCH , ENGLISH , FRENCH , GERMAN , GREEK , IRISH AND ITALIAN LANGUAGES , EACH OF THESE LANGUAGES BEING EQUALLY AUTHENTIC , SHALL BE COMMUNICATED TO THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY AND THE HELLENIC REPUBLIC .  UDFAERDIGET I BRUXELLES , DEN 24 . MAJ 1979 .  GESCHEHEN ZU BRUESSEL AM 24 . MAI 1979 .  DONE AT BRUSSELS , 24 MAY 1979 .  ] ( . . . ) .  FAIT A BRUXELLES , LE 24 MAI 1979 .  ARNA DHEANAMH SA BHRUISEIL AN 24 BEALTAINE 1979 .  FATTO A BRUXELLES , ADDI 24 MAGGIO 1979 .  GEDAAN TE BRUSSEL , 24 MEI 1979 .  PAA RAADETS VEGNE  FORMAND  IM NAMEN DES RATES  DER PRAESIDENT  FOR THE COUNCIL  THE PRESIDENT  ] ( . . . )  ] ( . . . )  POUR LE CONSEIL  LE PRESIDENT  THAR CEANN NA COMHAIRLE  AN TUACHTARAN  PER IL CONSIGLIO  IL PRESIDENTE  VOOR DE RAAD  DE VOORZITTER