title: Council Decision (CFSP) 2015/1967 of 9 March 2012 on the signing and conclusion of the Agreement between the European Union and Bosnia and Herzegovina establishing a framework for the participation of Bosnia and Herzegovina in European Union crisis management operations

text:
               4.11.2015

               EN

               Official Journal of the European Union

               L 288/2

         COUNCIL DECISION (CFSP) 2015/1967
   of 9 March 2012
   on the signing and conclusion of the Agreement between the European Union and Bosnia and Herzegovina establishing a framework for the participation of Bosnia and Herzegovina in European Union crisis management operations
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, in particular Article 37 thereof,
   Having regard to the Treaty on the Functioning of the European Union, in particular Article 218(5) and (6) thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy (‘the HR’),
   Whereas:

               (1)

               Conditions regarding the participation of third states in European Union crisis management operations should be laid down in an agreement establishing a framework for such possible future participation, rather than defining those conditions on a case-by-case basis for each operation concerned.

               (2)

               Following the adoption of a Decision by the Council on 26 April 2010 authorising the opening of negotiations, the HR negotiated an agreement between the European Union and Bosnia and Herzegovina establishing a framework for the participation of Bosnia and Herzegovina in European Union crisis management operations (‘the Agreement’).

               (3)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and Bosnia and Herzegovina establishing a framework for the participation of Bosnia and Herzegovina in the European Union crisis management operations is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.
   Article 3
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 16(1) of the Agreement.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 9 March 2012.

            For the Council

            The President

         I. AUKEN


Avis juridique important

|

31998D0259

98/259/EC: Council Decision of 30 March 1998 on the principles, priorities, intermediate objectives and conditions contained in the accession partnership with the Republic of Hungary

Official Journal L 121 , 23/04/1998 P. 0001 - 0005

COUNCIL DECISION of 30 March 1998 on the principles, priorities, intermediate objectives and conditions contained in the accession partnership with the Republic of Hungary (98/259/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant countries in the framework of the pre-accession strategy, and in particular on the establishment of accession partnerships (1), and in particular to Article 2 thereof,Having regard to the proposal from the Commission,Whereas the Luxembourg European Council stated that the accession partnership is a new instrument, the key feature of the enhanced pre-accession strategy;Whereas Regulation (EC) No 622/98 sets out that the Council shall decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities, intermediate objectives and conditions contained in the individual accession partnerships, as they are submitted to each applicant country, as well as on subsequent significant adjustments applicable to them;Whereas Community assistance is conditional on the fulfilment of essential elements, and in particular on the respect of the commitments contained in the Europe Agreements and on progress towards fulfilment of the Copenhagen criteria; whereas, where an essential element is lacking, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps with regard to any pre-accession assistance;Whereas the Luxembourg European Council decided that the implementation of the accession partnership and progress in adopting the acquis will be examined in the Europe Agreement bodies;Whereas the Commission's opinion presented an objective analysis on the Republic of Hungary's preparations for membership and identified a number of priority areas for further work;Whereas, in order to prepare for membership, the Republic of Hungary should draw up a national programme for the adoption of the acquis; whereas this programme should set out a timetable for achieving the priorities and intermediate objectives established in the accession partnership,HAS DECIDED AS FOLLOWS:Article 1 In accordance with Article 2 of Regulation (EC) No 622/98, the principles, priorities, intermediate objectives and conditions contained in the accession partnership for the Republic of Hungary are set out in the Annex hereto, which forms an integral part of this Decision.Article 2 The implementation of the accession partnership will be examined in the Europe Agreement bodies and through the appropriate Council bodies to which the Commission will report regularly.Article 3 This Decision shall enter into force on the third day following its publication in the Official Journal of the European Communities.Done at Brussels, 30 March 1998.For the CouncilThe PresidentM. BECKETT(1) OJ L 85, 20.3.1998, p. 1.ANNEX HUNGARY 1. Objectives The purpose of the accession partnership is to set out in a single framework the priority areas for further work identified in the Commission's opinion on Hungary's application for membership of the European Union, the financial means available to help Hungary implement these priorities and the conditions which will apply to that assistance. The accession partnership will provide a framework for a number of policy instruments which will be used to help the candidate countries in their preparations for membership. These will include, inter alia, the national programme for the adoption of the acquis to be adopted by Hungary, the joint assessment of economic policy priorities, the pact against organised crime and the internal market road maps. Each of these instruments is different in nature and will be prepared and implemented according to specific procedures. They will not be an integral part of this partnership but the priorities they contain will be compatible with it.2. Principles The main priority areas identified for each candidate country relate to their ability to assume the obligations of meeting the Copenhagen criteria which state that membership requires:- that the candidate country has achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities,- the existence of a functioning market economy, as well as the capacity to cope with competitive pressure and market forces within the Union,- the ability to take on the obligations of membership, including adherence to the aims of political, economic and monetary union.At its meeting in Madrid, the European Council stressed the need for the candidate countries to adjust their administrative structures to ensure the harmonious operation of Community policies after accession and at Luxembourg, it stressed that incorporation of the acquis into legislation is necessary, but not in itself sufficient; it is necessary to ensure that it is actually applied.3. Priorities and intermediate objectives The Commission's opinions and the Council's examination of these have highlighted the extent of the efforts which still have to be made in certain areas by the candidate countries to prepare for accession and took the view that none of these countries fully satisfies all of the Copenhagen criteria at the present time. This situation will require the definition of intermediate stages in terms of priorities, each to be accompanied by precise objectives to be set in collaboration with the countries concerned, the achievement of which will condition the degree of assistance granted and the progress of the negotiations under way with some countries and the opening of new negotiations with the others. The priorities and intermediate objectives have been divided into two groups - short and medium term. Those listed under the short term have been selected on the basis that it is realistic to expect that Hungary can complete or take them substantially forward by the end of 1998. In view of the short time span, and taking into account the administrative capacity required to achieve them, the number of priorities selected for the short term has been limited. The priorities listed under the medium term are expected to take more than one year to complete although work may and should also begin on them during 1998.Hungary will be invited to draw up a national programme for the adoption of the acquis (NPAA) by the end of March which should set out a timetable for achieving these priorities and intermediate objectives and, where possible and relevant, indicate the necessary staff and financial resources.The accession partnership will indicate that Hungary will have to address all issues identified in the opinion. Incorporation of the acquis into legislation is not in itself sufficient; it will also be necessary to ensure that it is actually applied to the same standards as those which apply within the Union. In all of the areas listed below there is a need for credible and effective implementation and enforcement of the acquis.Drawing on the analysis of the Commission's opinion and the Council's examination of this, the following short- and medium-term priorities and intermediate objectives have been identified for Hungary.3.1. Short-term (1998) Economic reform: review and update the country's medium-term economic policy priorities within the framework of the Europe Agreement; advance structural reforms (particularly with regard to the health-care system).Reinforcement of institutional and administrative capacity: in particular in the areas of veterinary and phytosanitary controls (particularly as regards facilities at the external borders) environment, customs policy, internal financial control and regional development.Internal market: including certification and standardisation (further alignment of legislative measures and conclusion of a European conformity assessment Agreement), State aid (adoption of legislative framework, definition of role and powers of monitoring authority, enforcement) and increased transparency through improvement of aid inventory. Enforcement of intellectual property rights and further alignment of company law. Complete alignment and increased transparency of public procurement legislation to cover fully utilities sector.Justice and home affairs: implementation of appropriate refugee legislation consistent with 1951 Geneva Convention, development of effective border management.Environment: continue transposition of framework legislation, establishment and commencement of implementation of detailed approximation programmes and implementation strategies related to individual acts. Planning and commencement of implementation of these programmes and strategies.3.2. Medium-term Political criteria: further efforts to improve the integration of the Roma.Economic reform: continue to consolidate the conditions for strong investment growth through the sustained implementation of prudent macroeconomic policies and the advancement of structural reforms.Economic policy: regular review of the joint assessment of economic policy priorities, within the Europe Agreement framework, focusing on satisfying the Copenhagen criteria for membership of the Union and the acquis in the area of economic and monetary policy (coordination of economic policies, submission of convergence programmes, avoidance of excessive deficits); while Hungary is not expected to adopt the euro immediately on accession, it is expected to pursue policies which aim to achieve real convergence in accordance with the Union's objectives of economic and social cohesion, and nominal convergence compatible with the ultimate goal of adoption of the euro.Reinforcement of institutional and administrative capacity: development of anti-fraud unit and state audit office, improved operation of the judicial system, training for the judiciary in Community law and its application; reinforcement of justice and home affairs institutions (ensuring sufficient and properly trained personnel, in particular police, border guards, ministries and courts), reform of customs and tax administrations to ensure readiness to apply the acquis, the reinforcement of food control administration and strengthening of the nuclear safety authority.Internal market: including further development of standardisation and conformity assessment bodies and establishment and operation of a market surveillance system, alignment of technical legislation on industrial products, further alignment of competition law, in particular for State aid, reinforcement of monitoring authorities both for competition and State aid, alignment of capital liberalisation, financial services, audiovisual policies and consumer protection, promotion of enterprise development, including small and medium-sized enterprises (SMEs) alignment with the acquis in the fields of telecommunications, consumer protection and the internal energy market.Justice and home affairs: including implementation of migration policy and asylum procedures as well as the fight against organised crime (in particular money laundering, drugs and trafficking in human beings) and corruption, alignment of visa policy with that of the Union and completion of alignment on international conventions and clarification of admission provisions for immigrants, notably in view of the Schengen acquis.Agriculture: including alignment with the agricultural acquis (including veterinary and phytosanitary matters, in particular external border controls), attention to environmental aspects of agriculture and biodiversity. Development of the capacity to implement and enforce the common agricultural policy (CAP), in particular the fundamental management mechanisms and administrative structures to monitor the agricultural markets and implement structural and rural development measures, adoption and implementation of the veterinary and phytosanitary requirements, upgrading of certain food-processing establishments and testing and diagnostic facilities, restructuring of the agri-food sector.Transport: further efforts on alignment with the acquis in particular on rail and road transport (technical controls), and to provide necessary investment for transport infrastructure, notably extension of trans-European networks.Employment and social affairs: development of appropriate labour-market structures and joint review of employment policies as preparation for participation in Union coordination; alignment of labour and occupational health and safety legislation and development of enforcement structures, in particular early adoption of the framework directive on health and safety at work; enforcement of equal opportunities between women and men; further development of active, autonomous social dialogue; further development of social protection, undertake steps to bring public health standards into line with Union norms.Environment: including the development of monitoring and implementation control structures and capacities, continuous planning and implementation of approximation programmes related to individual legal acts. A particular emphasis should be given to waste water, waste management, air pollution, integrated industrial pollution control and risk management. Environmental protection requirements and the need for sustainable development must be integrated into the definition and implementation of national, sectoral policies.Regional policy and cohesion: further strengthen budgetary procedures, financial instruments, monitoring and control mechanisms in order to participate in Union structural programmes after membership.4. Programming The PHARE allocation for the period 1995 to 1997 has totalled ECU 282 million. Subject to the approval of the PHARE budget for the remaining period, the Commission will confirm the allocations for 1998 and 1999. Financial proposals will be submitted to the PHARE Management Committee as provided for in Regulation (EEC) No 3906/89. Joint financing by the applicant countries will be systematically required for all investment projects. Financial assistance from the year 2000 onwards will comprise aid for agriculture and a structural instrument which will give priority to measures similar to the Cohesion Fund.5. Conditionality Community assistance will be conditional on respect by Hungary of its commitments under the Europe Agreement, further steps towards satisfying the Copenhagen criteria and progress in implementing this accession partnership. Failure to respect these general conditions could lead to a decision by the Council on the suspension of financial assistance on the basis of Article 4 of Regulation (EC) No 622/98.6. Monitoring The implementation of the accession partnership will be monitored in the framework of the Europe Agreement. This will begin in 1998 before the Commission presents its first regular report to the Council reviewing the progress made by Hungary including implementation of the accession partnership.The relevant sections of the accession partnership will be discussed in the appropriate sub-committee. The Association Committee will discuss overall developments, progress and problems in meeting its priorities and intermediate objectives as well as more specific issues referred to it from the sub-committees. The Association Committee will report to the Association Council on the implementation of the accession partnership.The PHARE Management Committee will ensure that financing decisions are compatible with the accession partnerships.The accession partnership will be amended as necessary in accordance with Article 2 of Regulation (EC) No 622/98. The Commission will propose, before the end of 1999 and at regular intervals thereafter, a review of this partnership on which the Council will take a formal decision. These reviews will include consideration of the need to further specify intermediate objectives in the light of the progress made by Hungary in meeting the objectives set out in this partnership.


title: Decision (EU) 2015/1676 of the European Parliament of 29 April 2015 on the closure of the accounts of the European Training Foundation for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/309

      DECISION (EU) 2015/1676 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on the closure of the accounts of the European Training Foundation for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Training Foundation for the financial year 2013,

                  —

                  having regard to the Court of Auditors' report on the annual accounts of the European Training Foundation for the financial year 2013, together with the Foundation'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 Foundation 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 (EC) No 1339/2008 of the European Parliament and of the Council of 16 December 2008 establishing a European Training Foundation (5), and in particular Article 17 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 Employment and Social Affairs (A8-0090/2015),

         1.

            Notes that the final annual accounts of the European Training Foundation are as annexed to the Court of Auditors' report;

         2.

            Approves the closure of the accounts of the European Training Foundation for the financial year 2013;

         3.

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

               The President

            Martin SCHULZ

               The Secretary-General

            Klaus WELLE

         (1)  OJ C 442, 10.12.2014, p. 260.

         (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 354, 31.12.2008, p. 82.

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

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


title: 2005/540/EC: Decision of the European Parliament of 12 April 2005 on the discharge to the Director of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the financial year 2003

text:
               27.7.2005

               EN

               Official Journal of the European Union

               L 196/74

      DECISION OF THE EUROPEAN PARLIAMENT

   of 12 April 2005
   on the discharge to the Director of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the financial year 2003
   (2005/540/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors' report on the annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the 2003 financial year together with the Foundation's replies (1),
   having regard to the Council's recommendation of 8 March 2005 (6854/2005 — C6-0074/2005),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2) and in particular Article 185 thereof, and to Council Regulation (EC) No 1649/2003 of 18 June 2003 amending Regulation (EEC) No 1365/75 on the creation of a European Foundation for the Improvement of Living and Working Conditions and repealing Regulation (EEC) No 1417/76 (3), and in particular Article 16 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 Rules 70 and 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control (A6-0074/2005),

               1.

               Gives discharge to the Director of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the financial year 2003;

               2.

               Records its comments in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Director of the European Foundation for the Improvement of Living and Working Conditions, the Council, the Commission and the Court of Auditors, and to have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 324, 30.12.2004, p. 75.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 25.

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

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      containing the comments accompanying the decision on the discharge to the Director of the European Foundation for the Improvement of Living and Working Conditions in respect of the implementation of its budget for the financial year 2003
      THE EUROPEAN PARLIAMENT,
      having regard to the Court of Auditors' report on the annual accounts of the European Foundation for the Improvement of Living and Working Conditions for the 2003 financial year together with the Foundation's replies (1),
      having regard to the Council's recommendation of 8 March 2005 (6854/2005 — C6-0074/2005),
      having regard to the EC Treaty, and in particular Article 276 thereof,
      having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2) and in particular Article 185 thereof, and to Council Regulation (EC) No 1649/2003 of 18 June 2003 amending Regulation (EEC) No 1365/75 on the creation of a European Foundation for the Improvement of Living and Working Conditions and repealing Regulation (EEC) No 1417/76 (3), and in particular Article 16 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 Rules 70 and 71 of and Annex V to its Rules of Procedure,
      having regard to the Report of the Committee on Budgetary Control (A6-0074/2005),

                  A.

                  Whereas the European Court of Auditors (ECA) stated, in its abovementioned specific report, that it obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2003 were reliable and that the underlying transactions, taken as a whole, were legal and regular.

                  B.

                  Whereas on 21 April 2004 the European Parliament gave discharge (5) to the Director of the European Foundation for the Improvement of Living and Working Conditions (the Foundation) in respect of the implementation of its budget for the 2002 financial year and in the resolution accompanying the discharge decision, the European Parliament, inter alia:

                              —

                              invited the Foundation to improve the transparency of its tendering procedures,

                              —

                              welcomed efforts made by the Foundation with a view to reducing carry-overs of appropriations and encouraged it to share with other agencies the positive outcome of its efforts so as to help disseminate best practice with regard to reducing carry-overs,

            1.   Notes the following figures for the accounts of the European Foundation for the Improvement of Living and Working Conditions for the financial years 2003 and 2002:
      Revenue and expenditure account for the financial years 2003 and 2002

                  (in EUR 1000)

                  2003

                  2002

                  Revenue

                  Commission subsidies

                  17 090

                  16 500

                  Miscellaneous revenue

                  47

                  62

                  Financial revenue

                  35

                  57

                  Total revenue (a)

                  17 172

                  16 619

                  Expenditure

                  Staff — Title I of the budget

                  Payments

                  8 927

                  9 111

                  Appropriations carried over

                  109

                  216

                  Administration — Title II of the budget

                  Payments

                  968

                  938

                  Appropriations carried over

                  224

                  683

                  Operating activities — Title III of the budget

                  Payments

                  3 733

                  3 290

                  Appropriations carried over

                  2 817

                  3 105

                  Total expenditure (b)

                  16 778

                  17 343

                  Outturn for the financial year (a – b)

                  394

                  – 724

                  Balance carried over from the previous financial year

                  – 1 836

                  – 1 209

                  Appropriations carried over and cancelled

                  118

                  81

                  Sums from the previous financial year for re-use that were not used

                  19

                  13

                  PHARE revenue collected

                  639

                  0

                  PHARE revenue to be collected

                  361

                  0

                  PHARE expenditure

                  – 1 000

                  0

                  Exchange rate differences

                  9

                  3

                  Balance for the financial year

                  – 1 296

                  – 1 836

                     Source: The Foundation's data. This table summarises the data provided by the Foundation in its accounts.

            2.   Expects the Foundation from now on, in line with the ECA's observation, to record correctly in its budget extra-budgetary subsidies or allocations it receives;
      3.   Invites the Foundation to continue developing synergies with other Agencies and in particular with the European Agency for Safety and Health at Work as well as with Eurostat so as to avoid overlaps and to build on complementary aspects within common thematic responsibilities; expects such synergy to be strengthened through the exchange of information on best practice in order to enhance results;
      4.   Welcomes the Foundation's equality policy and mainstreaming of activities and encourages it to follow up and evaluate such policies regularly to ensure their implementation;
      5.   Welcomes the Foundation's commitment to disseminating its findings to citizens and the measures it has taken to develop and strengthen the Agency's strategy for information and communication;
      General points addressed to the Commission and the Agencies

                  6.

                  Recalls its position that while it supported the Commission's efforts to establish a limited number of models, at least for future ‘regulatory’ agencies, it took the view that the structure of current and future agencies merited in-depth consideration at interinstitutional level; also stresses that before the Commission defines the framework conditions for the use of regulatory agencies an Interinstitutional Agreement should spell out common guidelines; this should happen before setting up a harmonised framework for the structure of the agencies;

                  7.

                  Notes the Commission's position (6) with regard to delegating responsibility for the execution of tasks to bodies, including agencies, other than the Commission's core administration; takes the view that this does not answer Parliament's call for in-depth consideration at interinstitutional level of the structure of existing agencies; therefore invites the Commission to provide clarification on this point and on the future overall Interinstitutional Agreement related to the new arrangements to be set up within or in parallel with the Financial Perspective (7);

                  8.

                  Invites the Commission to organise and perform in the medium term, e.g. on a standard three-year cycle, a cross-cutting analysis of the evaluations carried out on individual Agencies in order to:

                              (a)

                              reach conclusions with regard to the coherence of Agency activity with EU policies in general and as regards the synergies existing or to be developed between the agencies and Commission departments and the avoidance of overlapping between them;

                              (b)

                              make an assessment of the broader European added value of the Agencies' outputs in their respective area of activity and of the relevance, efficiency and effectiveness of the Agency model in implementing or contributing to EU policies;

                              (c)

                              determine and enhance the impact of the Agencies' actions in terms of the proximity, accessibility and visibility of the EU to its citizens;

                  9.

                  Expects such an overall analysis to be available by the end of 2005 so as to cover the three-year period from the time of the introduction of the new Financial Regulation and the consequent new framework in the Agencies' system;

                  10.

                  Invites the Agencies to participate actively in such a process and to cooperate with the Commission, providing the necessary input on matters that they feel are of substance to their functioning, role, remit and needs, as well as on any matter which could help to improve the whole discharge procedure, with a view to contributing to the success of such a process and increasing the accountability and transparency of the Agencies; invites Agencies to present such input also to its competent committees;

                  11.

                  Calls on the Commission, in parallel with this exercise, to present by the end of 2005 at the latest, proposals for changes to be made in the existing Agencies' Constituent Acts with a view, inter alia, to optimising its relationship with the Agencies; such proposals should aim at:

                              (a)

                              increasing communication between the Commission and the Agencies;

                              (b)

                              establishing or expanding cooperation in defining needs to be covered and objectives, outputs to be produced and the strategy to achieve them, and in setting standards for monitoring and evaluation;

                              (c)

                              enhancing complementary action, better organising the necessary resources and their effective allocation to produce results, and devising a communication strategy for dissemination of those results;

                  12.

                  Emphasises that, before any decision is taken to propose the creation of a new agency, the Commission must undertake a strict evaluation of the need and added value of the function of this agency, bearing in mind existing structures, the principles of subsidiarity, budgetary austerity and the simplification of procedures;

                  13.

                  Expects the Commission to present swiftly the guidelines concerning staff policy of the Agencies that Parliament had requested the Commission to present before the end of the 2005 budgetary procedure;

            General points addressed to the Agencies

                  14.

                  Expects to receive from now on, from each of the Agencies, the report summarising information on the audits carried out by the Internal Auditor, the recommendations made and the action taken on these recommendations in accordance with Article 72(5) of Regulation (EC, Euratom) No 2343/2002;

                  15.

                  Invites the Agencies to make further efforts to apply correctly the staff regulations and rules applicable to other civil servants with regard to their staff (recruitment procedures and relevant decisions taken, personal files, calculation of remuneration and other entitlements, promotions policy, percentage of vacant posts, quotas for respecting gender equality, etc.);

                  16.

                  Notes that, in general, the respective percentage of male and female employees in the overall staff composition of the Agencies shows that an imbalance between men and women exists; regrets that men make up about one third of staff and are over-represented in high grade positions while women are generally over-represented in low grade positions; expects the Agencies to take immediate and effective measures to correct this situation;

                  17.

                  Calls on the Agencies to ensure that all the relevant provisions of Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (8) are introduced in their respective staff policies;

                  18.

                  Expects the Agencies, in response to the relevant observations of the ECA, to comply fully with the budgetary principles as set out in the Financial Regulation, in particular those of unity and budgetary accuracy; calls on the Agencies that have not yet done so to fulfil the Financial Regulation's requirements on accounting matters and to strengthen further their procedures as regards internal management and control with the aim of increasing accountability, transparency and European added value;

                  19.

                  Encourages the Agencies, especially those whose activities have points in common with the activities or missions of other Agencies, to strengthen their cooperation, thus opening up opportunities for developing synergies; invites them to formalise, where appropriate, such cooperation through specific agreements (joint declarations, memoranda of understanding, decisions on joint planning and actions/programmes presenting complementary characteristics) so as to ensure that there is no duplication of work, that each Agency's output is clearly identified and that the result of joint efforts maximises the added value and the impact of their work; expects to be informed regularly on this issue;

                  20.

                  Calls on the Agencies to pay special attention to procedures for the award and management of contracts; invites them to take all appropriate measures as regards their administrative structures in order to strengthen their internal control procedures, channels and management; takes the view that such measures may include, where necessary or feasible, the setting-up of specialised units entrusted with the task of advising, on the basis of risk analysis, on how best to prepare contract award procedures, to ensure monitoring and to carry out follow-up, as required; on this matter, calls on the Commission and the ECA to strengthen cooperation with the Agencies;

                  21.

                  Notes the difficulties to which some Directors, in particular of the ‘newly created’ Agencies, referred with regard to the Agencies' compliance with the calendar and deadlines for reporting as set in the Financial Regulation; invites the Agencies' Directors, in the perspective of the forthcoming review of the Financial Regulation to be held in 2005, to inform its Committees on Budgets and Budgetary Control of the difficulties encountered so far so that these may be considered in the framework of the review; expects the Directors to make specific proposals for alternative arrangements as to deadlines that may best suit their functioning requirements while respecting the reporting obligations of the Agencies as provided for in the Financial Regulation;

                  22.

                  Notes the positive response by the Agencies' Directors to the call by Parliament's committee responsible for preparing discharge for the establishment of a more precise system of communication, in particular as regards the transmission by the Agencies to that committee of documents relating to the Agencies' reporting obligations; takes the view that better organisation of such communication will strengthen its cooperation with the Agencies and enhance democratic control;

                  23.

                  Invites the Directors of the Agencies from now on to accompany their annual activity report, which is presented together with financial and management information, with a declaration of assurance concerning the legality and regularity of operations, similar to the declarations signed by the Directors-General of the Commission;

                  24.

                  Invites the Agencies to develop a comprehensive strategy of communication addressing the need to make available, in the appropriate form, the results of their work to the general public beyond the presentation of such results to the Institutions, Member States' competent services, specialists, partners or specific beneficiaries; calls on the Agencies, in view of the development of such a strategy, to intensify their cooperation and exchange information on best practice aimed at achieving this goal; expects its competent committees to be duly informed by the Agencies, before the next discharge exercise, on the progress made in devising such a strategy in order to ensure the effective and timely monitoring of their activities;

            General points addressed to the ECA and the Agencies

                  25.

                  Welcomes the ECA's initiative to add a table to its specific reports on the Agencies presenting summary information on the competences, governance, resources available and products/output of the particular agency; takes the view that this enhances the clarity and transparency of the work of these Community bodies, while providing a useful basis for comparison, where appropriate, with a view to helping set up the harmonised framework for the Agencies that Parliament has called for;

                  26.

                  Invites the ECA and the Agencies to strengthen their cooperation in order to enhance the procedures and technical tools to improve the sound management of all the budgetary and finance issues, with the view to establishing a methodology that prepares the ground for a positive budget discharge from the start of the process; expects to be informed regularly of the progress made and the implementation of best practices;

                  27.

                  Calls on the ECA and the Agencies to enhance transparency in the procédure contradictoire prior to the ECA's final report, so as to avoid any contradiction or ambiguity which could jeopardise the credibility of the whole exercise; in this respect, invites the ECA and the Commission to propose a feasible way of updating information on the improvements made and/or the problems found, from the time when the ECA's preparatory report is first discussed until the time of the decision as to whether to grant discharge, in order to offer the most accurate picture of the situation of the Agencies.

         (1)  OJ C 324, 30.12.2004, p. 75.

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

         (3)  OJ L 245, 29.9.2003, p. 25.

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

         (5)  OJ L 330, 4.11.2004, p. 53.

         (6)  As set out in Annex 1 to the Communication from the Commission to the Council and the European Parliament ‘Building our common future, policy challenges and budgetary means of the enlarged Union 2007-2013’, (COM(2004) 0101, p. 38).

         (7)  See Annex to the Commission's report on the follow-up to 2002 Discharges (COM(2004) 0648, p. 108).

         (8)  OJ L 269, 5.10.2002, p. 15.


title: 2013/420/EU: Decision of the European Parliament and of the Council of 22 July 2013 on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (EGF/2013/000 TA 2013 — Technical assistance at the initiative of the Commission)

text:
               3.8.2013

               EN

               Official Journal of the European Union

               L 209/16

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 22 July 2013
   on mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (EGF/2013/000 TA 2013 — Technical assistance at the initiative of the Commission)
   (2013/420/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 8(2) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide additional support to redundant workers who suffer from the consequences of major structural changes in world trade patterns and to assist them with their reintegration into the labour market.

               (2)

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

               (3)

               Regulation (EC) No 1927/2006 provides that 0,35 % of the annual maximum amount can be made available each year for technical assistance at the initiative of the Commission. The Commission therefore proposes to mobilise an amount of EUR 750 000.

               (4)

               The EGF should, therefore, be mobilised in order to provide technical assistance at the initiative of the Commission,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2013, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 750 000 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 22 July 2013.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         L. LINKEVIČIUS

      (1)  OJ C 139, 14.6.2006, p. 1.

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


title: 2012/146/EU: Council Decision of 9 March 2012 appointing a Lithuanian member and two Lithuanian alternate members of the Committee of the Regions

text:
               13.3.2012

               EN

               Official Journal of the European Union

               L 73/5

         COUNCIL DECISION
   of 9 March 2012
   appointing a Lithuanian member and two Lithuanian alternate members of the Committee of the Regions
   (2012/146/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Lithuanian Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Vytas APUTIS. Two alternate members’ seats on the Committee of the Regions have become vacant following the end of the terms of office of Mr Gintautas BABRAVIČIUS and Mr Viktor TROFIMOV,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

               (a)

               as member:

                           —

                           Mr Audrius BIELSKUS, Kazlų Rūdos savivaldybės tarybos narys;

                     and

               (b)

               as alternate members:

                           —

                           Mr Vincas KAPOČIUS, Trakų rajono savivaldybės tarybos narys (meras),

                           —

                           Mr Viktoras TROFIMOVAS, Panevėžio miesto savivaldybės tarybos narys (change of mandate).

         Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 9 March 2012.

            For the Council

            The President

         I. AUKEN

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.


title: Decision (EU) 2016/1596 of the European Parliament of 28 April 2016 on the closure of the accounts of the SESAR Joint Undertaking for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/423

         DECISION (EU) 2016/1596 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on the closure of the accounts of the SESAR Joint Undertaking for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the SESAR Joint Undertaking for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the SESAR Joint Undertaking for the financial year 2014, together with the Joint Undertaking’s reply (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 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Joint Undertaking in respect of the implementation of the budget for the financial year 2014 (05587/2016 – C8-0053/2016),

               —

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

               —

               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 (3), and in particular Article 208 thereof,

               —

               having regard to Council Regulation (EC) No 219/2007 of 27 February 2007 on the establishment of a Joint Undertaking to develop the new generation European air traffic management system (SESAR) (4), and in particular Article 4b 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 (5),

               —

               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 (6),

               —

               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 Transport and Tourism (A8-0089/2016),

               1.

               Approves the closure of the accounts of the SESAR Joint Undertaking for the financial year 2014;

               2.

               Instructs its President to forward this decision to the Executive Director of the SESAR Joint Undertaking, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 422, 17.12.2015, p. 70.

      (2)  OJ C 422, 17.12.2015, p. 72.

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

      (4)  OJ L 64, 2.3.2007, p. 1.

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

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


title: Council Decision 2011/318/CFSP of 31 March 2011 on the signing and conclusion of the Framework Agreement between the United States of America and the European Union on the participation of the United States of America in European Union crisis management operations

text:
               31.5.2011

               EN

               Official Journal of the European Union

               L 143/1

         COUNCIL DECISION 2011/318/CFSP
   of 31 March 2011
   on the signing and conclusion of the Framework Agreement between the United States of America and the European Union on the participation of the United States of America in European Union crisis management operations
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 37 thereof, and the Treaty on the Functioning of the European Union, and in particular Article 218(5) and (6) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR),
   Whereas:

               (1)

               Conditions regarding the participation of third States in Union crisis management operations should be laid down in an agreement establishing a framework for such possible future participation, rather than defining those conditions on a case-by-case basis for each operation concerned.

               (2)

               Following the adoption of a Decision by the Council on 26 April 2010 authorising the opening of negotiations, the HR negotiated a framework agreement between the United States of America and the European Union on the participation of the United States of America in European Union crisis management operations (the Agreement).

               (3)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Framework Agreement between the United States of America and the European Union on the participation of the United States of America in European Union crisis management operations (the Agreement) is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Union.
   Article 3
   The Agreement shall be applied on a provisional basis as from the date of signature thereof, pending the completion of the procedures for its conclusion (1).
   Article 4
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 10(1) of the Agreement.
   Article 5
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 31 March 2011.

            For the Council

            The President

         VÖLNER P.

      (1)  The date of signature of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.
    ---documentbreak---

               31.5.2011

               EN

               Official Journal of the European Union

               L 143/1

         FRAMEWORK AGREEMENT
   between the United States of America and the European Union on the participation of the United States of America in European Union crisis management operations
   THE UNITED STATES OF AMERICA (UNITED STATES)
   and
   THE EUROPEAN UNION (‘EU’ OR ‘EUROPEAN UNION’)
   hereinafter referred to collectively as the ‘Parties’,
   Whereas:
   The European Union may decide to take action in the field of crisis management.
   The past 2 decades have witnessed a rise in the efforts of governments and multilateral organisations to use means to reduce the incidence of conflict around the world.
   The United States and the EU share a desire to foster peaceful reconciliation and to facilitate reconstruction and stabilisation through burden sharing in crisis management operations, and believe there is an enhanced potential for success of such EU operations created by the contribution of experts by the United States.
   The United States and the EU wish to set down general conditions regarding the participation of the United States in EU crisis management operations in an agreement establishing a framework for such possible future participation, rather than defining these conditions on a case-by-case basis for each operation concerned,
   HAVE AGREED AS FOLLOWS:
   Article 1
   Decisions relating to participation
   1.   Following the decision of the European Union to invite the United States to participate in an EU crisis management operation, and once the United States has decided to participate, the United States shall provide information to the European Union on its proposed contribution to the operation. A decision by the United States to participate in an EU crisis management operation reflects its agreement to respect the terms of the Council Decision whereby the EU decided to conduct the relevant operation (the Council Decision).
   2.   The European Union and the United States shall consult regarding the United States’ proposed contribution, including on the possible contribution to the operational budget of the operation, and, if they agree to proceed with the participation, such participation shall be carried out in accordance with the provisions of this Agreement and any related implementing arrangement(s) entered into by the Parties.
   3.   The contribution of the United States to EU crisis management operations shall be without prejudice to the decision-making autonomy of the European Union, and shall not prejudge the case-by-case nature of the decisions of the United States to participate in an EU crisis management operation.
   4.   The European Union shall advise the United States prior to any decision to modify the Council Decision referred to in paragraph 1 or to adopt or modify any related implementing measures.
   5.   The United States may, on its own initiative or at the request of the EU, and following consultations between the Parties, withdraw wholly or in part, at any time, from participation in an EU crisis management operation.
   Article 2
   Scope
   1.   Except as may be otherwise agreed in writing by the Parties, this Agreement applies only to EU crisis management operations to which the United States makes a contribution after the date of signature of this Agreement and is without prejudice to any existing agreements regulating the participation of the United States in an EU crisis management operation.
   2.   This Agreement only addresses contributions of civilian personnel, units, and assets by the United States to EU crisis management operations (the ‘U.S. contingent’).
   Article 3
   Status of Personnel and Units
   1.   The status of the U.S. contingent assigned to an EU crisis management operation, and in particular the privileges and immunities they enjoy, shall be governed by the agreement on the status of the mission (the status agreement) concluded between the EU and the State in which the operation is being conducted, provided that: (a) the United States shall be afforded an opportunity to examine the status agreement prior to deciding whether or not to participate in the operation and (b) if no status agreement has been concluded at the time it is needed for examination, the Parties shall consult and agree on an appropriate alternative arrangement concerning the status of the U.S. contingent prior to its deployment, without prejudice to the EU’s overall responsibility for concluding host country arrangements on the status of EU personnel and units.
   2.   The status of a U.S. contingent serving in headquarters or command elements located outside the country (or countries) where the operation is being conducted shall be governed, as appropriate, by arrangements between the headquarters and command elements or the State(s) concerned and the United States.
   3.   To the extent permitted by its own laws and regulations, the United States shall have the right to exercise jurisdiction over its assigned personnel in the country where the operation is deployed.
   4.   The United States shall be responsible for responding to claims linked to its participation in an EU crisis management operation, from or concerning any of its personnel, in accordance with U.S. law. This provision does not constitute a waiver of the sovereign immunity of the United States. Nothing in this Agreement is intended to create jurisdiction in a court where such jurisdiction does not already exist, or to provide for an enforceable right against the United States in such a court.
   5.   The Parties agree to waive any and all claims (other than contractual claims) against each other for damage to, loss of, or destruction of assets owned/operated by either Party, or injury or death to personnel of either Party, arising out of the performance of their official duties in connection with activities under this Agreement, except in the case of gross negligence or wilful misconduct.
   6.   The United States undertakes to make a declaration as regards the waiver of claims on a reciprocal basis against any EU Member State participating in an EU crisis management operation in which the United States participates, and to do so when signing this Agreement.
   7.   The EU undertakes to ensure that EU Member States make a declaration as regards the waiver of claims, for any future participation by the United States in an EU crisis management operation and to do so when signing this Agreement.
   Article 4
   Classified Information
   The Agreement between the government of the United States of America and the European Union on the security of classified information, done at Washington on 30 April 2007, shall apply in the context of EU crisis management operations.
   Article 5
   Participation in the operation
   1.   The United States shall seek to ensure, by means of specific instructions, that personnel made available as part of its contribution to EU crisis management operations (assigned personnel) undertake their mission in a manner consistent with, and fully supportive of the Council Decision referred to in Article 1, the operation plan and related implementing measures.
   2.   The United States shall consult in due time with the EU regarding any change in its contribution to an EU crisis management operation under this Agreement.
   3.   Assigned personnel shall receive appropriate medical certification, and shall be provided a copy of this certification for production upon request by appropriate EU authorities.
   Article 6
   Chain of Command
   1.   During the period of deployment, the EU Commander or Head of Mission shall exercise supervisory authority and direct the activities of assigned personnel and units.
   2.   Assigned personnel and units shall remain under the overall authority of the United States.
   3.   The United States shall seek to ensure, by means of specific instructions, that assigned personnel carry out their duties and conduct themselves in full conformity with the objectives of the operation and under the direction and guidance of the EU Commander or Head of Mission.
   4.   The United States shall have the same rights and obligations in terms of day-to-day management of EU crisis management operations as participating Member States of the European Union taking part in the operation.
   5.   The EU Commander or Head of Mission shall be responsible for overall disciplinary control over assigned personnel. Any disciplinary action shall be taken, as appropriate, by the United States.
   6.   A National Contingent Point of Contact (NPC) shall be appointed by the United States to represent its national contingent in the relevant EU crisis management operation. The NPC shall report to the Head of Mission on national matters and shall be responsible for day-to-day contingent discipline.
   7.   The decision to end an operation shall be taken by the European Union, following consultation with the United States, if it is still contributing to the EU crisis management operation at the time such decision is being considered.
   Article 7
   Financial Aspects
   1.   The United States shall assume the costs associated with its participation in EU crisis management operations, unless covered by common funding, as set out in the operational budget of the mission.
   2.   The European Union shall exempt the United States from financial contributions to the operational budget of an EU crisis management operation when the European Union decides that the United States is providing a significant contribution. The United States shall be notified of the EU decision regarding financial contributions to the operational budget at the time of the consultations referred to in Article 1(2).
   3.   The participation of the United States under this Agreement in EU crisis management operations shall be subject to the availability of appropriated funds.
   Article 8
   Arrangements to implement the Agreement
   Any necessary technical, financial, and administrative arrangements in pursuance of the implementation of this Agreement shall be signed by the appropriate authorities of the United States and of the European Union.
   Article 9
   Dispute Settlement
   Disputes concerning the interpretation or application of this Agreement shall be settled by diplomatic means between the Parties.
   Article 10
   Entry into force and termination
   1.   This Agreement shall enter into force on the first day of the first month after the Parties have notified each other of the completion of the internal procedures necessary for that purpose.
   2.   This Agreement shall be provisionally applied from the date of signature.
   3.   This Agreement shall be subject to regular review by the Parties.
   4.   This Agreement may be amended on the basis of a mutual written agreement between the Parties.
   5.   Either Party may terminate this Agreement upon six months’ written notice to the other Party.

      Done at Washington, in duplicate, in the English language, this seventeenth day of May in the year two thousand and eleven.

            For the European Union

         C. ASHTON

            For the United States of America

         H. CLINTON

   TEXT FOR DECLARATIONS

      Text for the EU Member States:
   ‘The EU Member States applying an EU Council Decision on an EU crisis management operation in which the United States participates, intend, insofar as their internal legal systems so permit, to waive as far as possible claims against the United States for injury, death of their personnel, or damage to, or loss of, any assets owned by themselves and used by the EU crisis management operation if such injury, death, damage or loss:

               —

               was caused by personnel from the United States in the execution of their duties in connection with an EU crisis management operation, except in case of gross negligence or wilful misconduct, or

               —

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

      Text for the United States:
   ‘The United States, when it is participating in an EU crisis management operation, intends, insofar as its internal legal system so permit, to waive as far as possible claims against any other State participating in the EU crisis management operation for injury, death of its personnel, or damage to, or loss of, any assets owned by itself and used by the EU crisis management operation if such injury, death, damage or loss:

               —

               was caused by personnel in the execution of their duties in connection with an EU crisis management operation, except in case of gross negligence or wilful misconduct, or

               —

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


title: Council Decision of 5 April 1977 giving a discharge to the Commission in respect of the implementation of the operations of the Development Fund for the overseas countries and territories (1st Fund) for the 1974 financial year

text:
  28. 4. 77                                 Official Journal of the European Communities                              No L 105/47
                                                         COUNCIL DECISION
                                                            of 5 April 1977
               giving a discharge to the Commission in respect of the implementation of the operations of the
               Development Fund for the overseas countries and territories ( 1st Fund) for the 1974 financial
                                                                  year
                                                             (77/320/EEC)
THE COUNCIL OF THE EUROPEAN COMMUNITIES,                               Recalling that, in accordance with the provisions applica
                                                                       ble to the implementation of the Development Fund for
                                                                       the overseas countries and territories ( 1st Fund), only the
Having regard to the Treaty establishing the European                  Council, acting by a qualified majority, shall give a dis
Economic Community,                                                    charge to the Commission in respect of the financial ad
                                                                       ministration of the Fund;
Having regard to the Implementing Convention on the as
sociation of the overseas countries and territories with the           Whereas an advance of 19 543 038 39 units of account
Community, annexed to the Treaty,                                      has been paid to the European Development Fund ( 1963 )
                                                                       (2nd EDF);
Having regard to Regulation No 5 laying down detailed
provisions relating to the collection and transfer of finan           Whereas the overall implementation by the Commission
cial contributions, the budgeting and administration of                of the operations of the first Development Fund during the
the resources of the Development Fund for the overseas                 1974 financial year was such as to warrant its being given
countries and territories (x), and in particular Article 16            a discharge in respect of the implementation of those op
thereof,                                                               erations,
Having regard to Regulation No 6 relating to the respon
siblity of authorizing and accounting officers for the re             HAS DECIDED AS FOLLOWS :
sources of the Development Fund for the overseas coun
tries and territories (2),                                                                        Article 1
Having regard to the Council Decision of 30 May 1 972 on               The Council closes the revenue and expenditure accounts
the transfer and utilization of the unexpended balances of             of the Development Fund for the overseas countries and
the Development Fund for the overseas countries and ter               territories ( 1st Fund) as at 31 December 1974 as follows :
ritories set up by the Implementing Convention annexed
to the Treaty establishing the European Economic Com                  Revenue
munity,
                                                                       at the sum of 581 250 000 - 00 units of account;
Having regard to the revenue and expenditure accounts,
the statement and the summary of operations of the De                 Expenditure (payments)
velopment Fund for the overseas countries and territories               at the sum of 561 706 961-61 units of account.
 ( 1st Fund) as at 31 December 1974 (3),
Having regard to the report of the Audit Board on the ac                                         Article 2
counts for the 1974 financial year, to which report are an
 nexed the Commission's replies to the comments made by                The Council hereby gives a discharge to the Commission
 the Audit Board, and in particular the second part of this            in respect of the implementation of the operations of the
report, which deals with the Development Funds,                        Development Fund for the overseas countries and ter
                                                                       ritories ( 1st Fund) for the 1974 financial year.
 Having regard to the opinion of the European Parliament
 of 14 December 1976 ,                                                 Done at Luxembourg, 5 April 1977.
                                                                                For the Council
                                                                                The President
                                                                                D. OWEN
   (>) OJ No 33, 31 . 12. 1958, p. 681 /58 .
   (2) OJ No 33 , 31 . 12. 1958 , p. 686/58 .
   (3) OJ No C 73 , 29. 3 . 1976, p. 36.


title: Decision (EU) 2015/1705 of the European Parliament of 29 April 2015 on discharge in respect of the implementation of the budget of the European Institute of Innovation and Technology for the financial year 2013

text:
               30.9.2015

               EN

               Official Journal of the European Union

               L 255/409

      DECISION (EU) 2015/1705 OF THE EUROPEAN PARLIAMENT
      of 29 April 2015
      on discharge in respect of the implementation of the budget of the European Institute of Innovation and Technology for the financial year 2013
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Institute of Innovation and Technology for the financial year 2013,

                  —

                  having regard to the Court of Auditors' report on the annual accounts of the European Institute of Innovation and Technology for the financial year 2013, together with the Institute'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 Institute 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 (EC) No 294/2008 of the European Parliament and of the Council of 11 March 2008 establishing the European Institute of Innovation and Technology (5), and in particular Article 21 thereof,

                  —

                  having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (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 (A8-0077/2015),

         1.

            Postpones its decision on granting the Director of the European Institute of Innovation and Technology discharge in respect of the implementation of the Institute'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 Director of the European Institute of Innovation and Technology, 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. 184.

         (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 97, 9.4.2008, p. 1.

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

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


title: 86/636/EEC: Council Decision of 11 December 1986 on the conclusion of an Agreement in the form of an Exchange of Letters concerning the provisional application of the Agreement amending the Agreement between the European Economic Community and the Government of the Republic of Equatorial Guinea on fishing off the coast of Equatorial Guinea, signed at Malabo on 15 June 1984 for the period starting on 27 June 1986

text:
No L 372 / 18                            Official Journal of the European Communities                                          31 . 12 . 86
                                                       COUNCIL DECISION
                                                       of 11 December 1986
               on the conclusion of an Agreement in the form of an Exchange of Letters concerning the
               provisional application of the Agreement amending the Agreement between the European
               Economic Community and the Government of the Republic of Equatorial Guinea on fishing
               off the coast of Equatorial Guinea, signed at Malabo on 15 June 1984 for the period starting on
                                                             27 June 1986
                                                        .  ( 86 / 636 / EEC )
THE COUNCIL OF THE EUROPEAN COMMUNITIES ,                                possible; for this reason , the two parties initialled an
                                                                         Agreement in the form of an Exchange of Letters providing
                                                                         for the provisional application of the initialled draft
Having regard to the Treaty establishing the European                    Agreement from the date of expiry of the Agreement
Economic Community ,                                                     between the European Economic Community and the
                                                                         Government of the Republic of Equatorial Guinea on
Having regard to the Act of Accession of Spain and                       fishing off the coast of Equatorial Guinea approved on
Portugal , and in particular Article 155 ( 2 ) (b ) and Article          28 June 1984 ; whereas the Agreement in the form of an
167 ( 3 ) thereof,                                                       Exchange of Letters should be concluded subject to a
                                                                         definitive decision under Article 43 of the Treaty ,
Having regard to the Agreement between the European
Economic Community and the Government of the
Republic of Equatorial Guinea , on fishing off the coast of
                                                                         HAS DECIDED AS FOLLOWS :
Equatorial Guinea (*), signed at Malabo on 15 June
1984 ,
Having regard to the proposal from the Commission ,                                                     Article 1
                                                                         The Agreement in the form of an Exchange of Letters
Whereas, pursuant to Article 12 of the Agreement on
                                                                         concerning the provisional application of the Agreement
fishing off the coast of Equatorial Guinea , the Community
                                                                         amending the Agreement between the European Economic
and the Republic of Equatorial Guinea conducted
                                                                         Community and the Government of the Republic of
negotiations to determine the amendments or additions to
                                                                         Equatorial Guinea on fishing off the coast of Equatorial
be made to the Agreement at the end of the first three-year
                                                                         Guinea , signed at Malabo on 15 June 1984 for the period
period of application of the Agreement ;                                 starting on 27 June 1986 , is hereby approved on behalf of
                                                                         the Community .
Whereas, as a result of those negotiations , an Agreement
amending the Agreement was initialled on 25 June 1986 ;                  The text of the Agreement is attached to this Decision.
Whereas , under that Agreement , fishermen from the                                                     Article 2
enlarged Community retain the fishing opportunities open
to them in the waters under the sovereignty or jurisdiction
of the Republic of Equatorial Guinea ;                                   With a view to taking into consideration the interests of the
                                                                         Canary Islands , the Agreement referred to in Article 1 and ,
                                                                         in so far as is necessary for its application , the provisions of
Whereas under the terms of Article 155 ( 2) (b ) of the Act of           the common fisheries policy relating to the conservation
Accession , it is for the Council to determine the procedures            and management of fishery resources shall also apply to
appropriate to take into consideration all or part of the                vessels which sail under the flag of Spain , which are
interests of the Canary Islands when it adopts decisions ,               recorded on a permanent basis in the registers of the
case by case, particularly with a view to the conclusion of              competent authorities at local level ('registros de base') in
fisheries agreements with third countries ; whereas , in the             the Canary Islands , under the conditions defined in Note 6
case in point, the procedures in question should be                      to Annex I to Council Regulation ( EEC ) No 570 / 86 of
determined ;                                                             24 February 1986 concerning the definition of the concept
                                                                         of 'originating products' and methods of administrative
Whereas , in order to avoid any interruption in the fishing              cooperation in trade between the customs territory of the
activities of Community vessels , it is indispensable that the           Community , Ceuta and Melilla and the Canary
draft Agreement in question be approved as soon as                       Islands (2 ).
(») OJ No L 188 , 16 . 7 . 1984 , p. 1 .                                 ( 2 ) OJ No L 56 , 1 . 3 . 1986 , p. 1 .
 ---pagebreak--- 31 . 12 . 86                          Official Journal of the European Communities                          No L 372 / 19
                                                         Article 3
             The President of the Council is hereby authorized to designate the persons empowered to sign the
             Agreement in the form of an Exchange of Letters in order to bind the Community .
             Done at Brussels , 11 December 1986 .
                                                                                For the Council
                                                                                The President
                                                                                K. CLARKE


Avis juridique important

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31997D0107

97/107/EC: Commission Decision of 16 January 1997 authorizing methods for grading pig carcases in Belgium (Only the French and Dutch texts are authentic)

Official Journal L 039 , 08/02/1997 P. 0017 - 0019

COMMISSION DECISION of 16 January 1997 authorizing methods for grading pig carcases in Belgium (Only the French and Dutch texts are authentic) (97/107/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EEC) No 3220/84 of 13 November 1984 determining the Community scale for grading pig carcases (1), as last amended by Regulation (EC) No 3513/93 (2), and in particular Article 5 (2) thereof,Whereas Article 2 (3) of Regulation (EEC) No 3220/84 provides that the grading of pig carcases must be determined by estimating the content of lean meat in accordance with statistically proven assessment methods based on the physical measurement of one or more anatomical parts of the pig carcase; whereas the authorization of grading methods is subject to compliance with a maximum tolerance for statistical error in assessment; whereas this tolerance was defined in Article 3 of Commission Regulation (EEC) No 2967/85 of 24 October 1985 laying down detailed rules for the application of the Community scale for grading pig carcases (3), as amended by Regulation (EC) No 3127/94 (4);Whereas by Decision 88/184/EEC (5), amended by Decision 93/703/EC (6), the Commission authorized a method for grading pig carcases in Belgium;Whereas the Government of Belgium has requested the Commission to authorize two new methods for grading pig carcases and has submitted the details required by Article 3 of Regulation (EEC) No 2967/85; whereas an examination of this request has revealed that the conditions for authorizing the two grading methods are fulfilled;Whereas Article 2 of Regulation (EEC) No 3220/84 authorizes the Member States to provide for a presentation different from the one specified in that Article if commercial practice or technical requirements so warrant;Whereas in Belgium technical requirements, relating to the use of the method of grading and thus, commercial practice, result in the flare fat, kidneys and diaphragm being left attached to the carcase; whereas this should be taken into account in adjusting the weight to the standard presentation;Whereas, for the sake of clarity, a new Decision should be adopted; whereas Decision 88/184/EEC should therefore be repealed;Whereas no alteration to methods may be authorized except by Commission Decision adopted in the light of experience;Whereas the measures provided for in this Decision are in accordance with the opinion of the Management Committee for Pigmeat,HAS ADOPTED THIS DECISION:Article 1 Use of the following methods is hereby authorized for grading pig carcases pursuant to Regulation (EEC) No 3220/84 in Belgium:- the apparatus called 'Capteur Gras/Maigre - Sydel` (CGM) and assessment methods related thereto, details of which are given in Part 1 of the Annex,- the apparatus called 'Giralda Choirometer PG 200` and assessment methods related thereto, details of which are given in Part 2 of the Annex.Article 2 Notwithstanding the standard presentation set out in Article 2 of Regulation (EEC) No 3220/84, pig carcases shall be presented for weighing and grading with flare fat, kidneys and diaphragm attached. In order to establish quotations for pig carcases on a common basis, the hot weight shall be reduced by 2,6 %.Article 3 No modifications of assessment methods (apparatus, measuring points and formulas) shall be authorized.Article 4 Decision 88/184/EEC is hereby repealed.However, until 31 October 1997, Belgium may continue to apply the method of grading pig carcases set out in Decision 88/184/EEC instead of the method set out in this Decision.Article 5 This Decision is addressed to the Kingdom of Belgium.Done at Brussels, 16 January 1997.For the CommissionFranz FISCHLERMember of the Commission(1) OJ No L 301, 20. 11. 1984, p. 1.(2) OJ No L 320, 22. 12. 1993, p. 5.(3) OJ No L 285, 25. 10. 1985, p. 39.(4) OJ No L 330, 21. 12. 1994, p. 43.(5) OJ No L 83, 29. 3. 1988, p. 40.(6) OJ No L 328, 29. 12. 1993, p. 57.ANNEX PART 1 CAPTEUR GRAS/MAIGRE - SYDEL (CGM) 1. Grading of pig carcases is carried out by means of the apparatus known as 'Capteur Gras/Maigre - Sydel (CGM)`.2. The apparatus shall be equipped with a high-definition Sydel probe 8 mm in width, a light-emitting infra-red diode (Honeywell) and two light sensors (Honeywell). The operating distance is between 0 and 105 mm.The values measured will be converted into estimated lean meat content by the CGM itself.3. The lean meat content of the carcase shall be calculated according to the following formula:^y = 59,902386 - 1,060750 x1 + 0,229324 x2where:^y = the estimated lean meat of the carcasex1 = the thickness of backfat (including rind) in millimetres measured at 6 cm off the midline of the carcase between the third and fourth last ribx2 = the thickness of the muscle in millimetres measured at the same time and in the same place as x1 This formula shall be valid for carcases weighing between 60 and 120 kilograms.PART 2 GIRALDA CHOIROMETER PG 200 1. Grading of pig carcases is carried out by means of the apparatus known as a 'GIRALDA CHOIROMETER PG 200`.2. The apparatus shall be equipped with a probe (Siemens KOM 2110) 6 mm in width, a light diode (LED Siemens F 28) and a light sensor (Siemens F 232). The operating distance is between 0 and 125 mm. The values measured will be converted into estimated lean meat content by the PG 200 itself.3. The lean meat content of the carcase shall be calculated according to the following formula:^y = 48,605031 - 0,822075 x1 + 0,378669 x2where:^y = the estimated lean meat of the carcasex1 = the thickness of backfat (including rind) in millimetres measured at 6 cm off the midline of the carcase between the third and fourth last ribx2 = the thickness of the muscle in millimetres measured at the same time and in the same place as x1 This formula shall be valid for carcases weighing between 60 and 120 kilograms.


title: Council Decision of 15 November 2007 appointing one member of the Management Board of the European Chemicals Agency

text:
               23.11.2007

               EN

               Official Journal of the European Union

               C 280/2

      COUNCIL DECISION

   of 15 November 2007
   appointing one member of the Management Board of the European Chemicals Agency
   (2007/C 280/03)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH) and establishing a European Chemicals Agency (1), and in particular Article 79 thereof,
   Whereas:

               (1)

               Article 79 of Regulation (EC) No 1907/2006 provides that the Council should appoint as Members of the Management Board of the European Chemicals Agency one representative from each Member State.

               (2)

               By Decision of 7 June 2007 (2) the Council appointed 27 members of the Management Board of the European Chemicals Agency.

               (3)

               The Belgian Government has informed the Council of its intention to replace the Belgian representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2011,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Marc LEEMANS of Belgian nationality, born on 1 October 1958, shall be appointed member of the Management Board of the European Chemicals Agency in place of Mr Maarten ROGGEMAN for the period from 24 November 2007 to 31 May 2011.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 15 November 2007.

            For the Council

            The President

         M. DE LURDES RODRIGUES

      (1)  OJ L 396, 30.12.2006, p. 1. Corrected version in OJ L 136, 29.5.2007, p. 3.

      (2)  OJ C 134, 16.6.2007, p. 6.