Avis juridique important

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32001D0912

2001/912/EC: Decision of the European Central Bank of 8 November 2001 on certain conditions regarding access to the Counterfeit Monitoring System (CMS) (ECB/2001/11)

Official Journal L 337 , 20/12/2001 P. 0049 - 0051

Decision of the European Central Bankof 8 November 2001on certain conditions regarding access to the Counterfeit Monitoring System (CMS)(ECB/2001/11)(2001/912/EC)THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,Having regard to the Treaty establishing the European Community and in particular to Article 106(1) thereof,Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular to Article 16 thereof,Whereas:(1) Council Regulation (EC) No 1338/2001 of 28 June 2001 laying down measures necessary for the protection of the euro against counterfeiting(1) establishes certain measures in connection with the collection and storage of data related to counterfeit banknotes and coins and with access to these data.(2) The fight against counterfeiting cannot be dealt with only at a euro area level; to this effect, the Council of the European Union has taken measures in relation to the euro under Title VI of the Treaty on European Union (i.e. the third pillar); also, Council Regulation (EC) No 1339/2001 extends the effects of Council Regulation (EC) No 1338/2001 to those Member States which have not adopted the euro as their single currency(2).(3) The processes and systems already in place for the analysis of counterfeits and for the collection of information relating to counterfeiting need to be built on; the ECB had established the Counterfeit Analysis Centre and the Counterfeit Currency Database; it has become appropriate to reorganise and rename the latter as the "Counterfeit Monitoring System" (CMS) and define its characteristics.(4) The ECB provides for the conditions that ensure the appropriate procedures for access to the relevant data of the CMS in compliance with Regulations (EC) No 1338/2001 and (EC) No 1339/2001. For this purpose, all national central banks (NCBs) of the European System of Central Banks need to establish their respective National Counterfeit Centres (NCCs) within each NCB and create the role of security administrator of the NCC. The ECB also reaches the necessary arrangements and agreements with the Commission and Europol in order to provide for their appropriate access to the data of the CMS and for the access of the European Technical and Scientific Centre also in compliance with Regulation (EC) No 1338/2001. Any access should respect the relevant minimum security standards. This respect is essential because of the confidential nature of the data of the CMS. The confidential nature of the data means that the information that each of the users of the CMS obtains from the CMS should be used exclusively for the purpose of fulfilling their responsibilities in the fight against counterfeiting of the euro. Limiting access to the data of the CMS helps to ensure confidentiality.(5) A manual of procedures and the minimum security standards in connection with the CMS are in the process of being approved by the Governing Council of the ECB. They will not be published due to the confidential nature of the data to be introduced and to be accessible in the CMS and to the importance of maintaining a confidential environment for the use of the CMS,HAS DECIDED AS FOLLOWS:Article 1DefinitionsThe definitions contained in Regulation (EC) No 1338/2001 shall apply in this Decision.Article 2Counterfeit Monitoring System1. The Counterfeit Currency Database (CCD) is renamed as the Counterfeit Monitoring System (CMS). All references to the CCD contained in any previous legal acts are now deemed to be made to the CMS.2. The CMS consists of a central database containing all technical and statistical information on counterfeiting, both on euro banknotes and coins, whether originated in the Member States or in third countries. The CMS includes, inter alia, browsing and editing applications and facilities for the downloading and uploading of data and networks linking the different users of the CMS to the CMS.3. The organisation and management of the CMS are the competence of the Executive Board of the ECB, which takes account for these purposes of the views of the Banknote Committee.Article 3Access to the data of the Counterfeit Monitoring System1. Apart from the access of the NCBs to the CMS, access to the relevant data of the CMS is granted to the other competent national authorities, including the National Analysis Centres (NACs) and the Coin National Analysis Centres (CNACs), as regards data related to coins, in accordance with Regulation (EC) No 1338/2001. For this purpose, the conditions established in Articles 5 to 9 of this Decision apply.2. Access by the European Commission, the European Technical and Scientific Centre (ETSC) and Europol to the relevant data of the CMS is granted in accordance with Regulation (EC) No 1338/2001. The procedures for this access are specified in bilateral arrangements and agreements with the ECB, as appropriate.3. Subject to any agreements concerning monetary relations between the Community and third parties, the ECB may grant access to the relevant data of the CMS to the designated authorities or centres of these third parties.4. In addition to paragraph 3 above and on the basis of Article 9 of Regulation (EC) No 1338/2001, the ECB may grant access to the relevant data of the CMS to the designated authorities or centres of third countries. They may also be provided with ad hoc data of the CMS when this is deemed necessary by the Counterfeit Analysis Centre (CAC) of the ECB.Article 4Introduction of data into the Counterfeit Monitoring System by National Analysis Centres and Coin National Analysis CentresThe introduction by any and all NACs into the CMS of data relating to counterfeit euro banknotes which are discovered and the sending of every new type of suspected counterfeit euro banknotes to the CAC of the ECB takes place in accordance with Regulation (EC) No 1338/2001 and with the relevant manual of procedures approved by the Governing Council of the ECB with the contribution of the General Council of the ECB. Those NACs that are not an NCB or which have not been established within an NCB are consulted on the manual of procedures. The necessary adaptations of the manual of procedures regarding the introduction of data related to coins by the ETSC and the CNACs into the CMS will also take place.Article 5National Counterfeit Centres1. The task of administering access to the CMS referred to in Article 3 in the Member States is performed by an NCC established in each NCB. This NCC also facilitates communication regarding all CMS-related matters in the Member States. The role of security administrator is created within each NCC in connection with these tasks.2. Upon agreement of the ECB, the NCC authorises the different levels of access to the CMS referred to in Article 3, in accordance with paragraph one above. For this purpose, the necessary users names and the different categories of users and different levels of access among these users are created and established by the security administrator of the NCC referred to above.Article 6Compliance with the security standards of the Counterfeit Monitoring SystemThe minimum security standards to be followed by all authorities or centres (NAC and/or CNAC) where there are users of the CMS and by such users, in connection with access to the CMS, are adopted by the Governing Council of the ECB with the contribution of the General Council of the ECB. They are notified to the NCCs.Article 7Confidentiality1. Each authority or centre in which there are users of the CMS informs them of the confidential nature of the data of the CMS and of any limitations on access applicable to each of the users of that authority or centre and of the other authorities or centres, as these limitations are communicated to the latter by the security administrator of the relevant NCC from time to time. The relevant NCC may request that each authority or centre signs a confidentiality declaration in which it states that it has taken due notice of the content of this Decision. Each authority or centre consults with the relevant NCC on any relevant matter in connection with the confidentiality of the data of the CMS. The NCCs consult with the CAC of the ECB about the outcome of any such request or consultation.2. The relevant NCC is consulted on communications containing CMS data addressed to the public, to credit institutions and to the manufacturers of relevant equipment. It also consults with the CAC of the ECB.3. The ECB consults with the relevant NCC in connection with any suspension of access. Both the ECB and the relevant NCC may suspend access to the CMS of any users of the CMS when this is necessary to preserve the confidential nature of the data of the CMS. The relevant NCC consults with the authority or centre to which such users belong in order for the appropriate conditions for the utilisation of the CMS to be restored.4. The minimum security standards mentioned in Article 6, as well as the manual of procedures mentioned in Article 4, once approved by the Governing Council, shall not be published due to their confidential nature.Article 8MonitoringNCCs establish, in consultation with the relevant authorities or centres, procedures allowing the monitoring of their compliance with Articles 6 and Article 7 and the adoption of appropriate measures in connection therewith. These procedures also allow for the participation of the ECB in such monitoring. In consultation with the NCBs, the ECB also establishes procedures to monitor compliance by the NCCs with this Decision.Article 9ImplementationThe Executive Board of the ECB shall take any measures to implement this Decision which are necessary for the efficiency and the security of the CMS, including any measures relating to the manual of procedures or the minimum security standards respectively mentioned in Articles 4 and 6. For these purposes, it shall take account of the views of the Banknote Committee. The Executive Board shall inform the Governing Council of any measures that it takes in application of this Article. In addition, the ECB may generally provide technical clarifications and specifications concerning the utilisation or the security of the CMS.Article 10Final provisionsThis Decision shall enter into force on 1 December 2001.This Decision shall be published in the Official Journal of the European Communities.Done at Frankfurt am Main, 8 November 2001.The President of the ECBWillem F. Duisenberg(1) OJ L 181, 4.7.2001, p. 6.(2) OJ L 181, 4.7.2001, p. 11.


title: 2011/616/EU: Decision of the European Parliament of 10 May 2011 on discharge in respect of the implementation of the budget of the SESAR Joint Undertaking for the financial year 2009

text:
               27.9.2011

               EN

               Official Journal of the European Union

               L 250/255

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   on discharge in respect of the implementation of the budget of the SESAR Joint Undertaking for the financial year 2009
   (2011/616/EU)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the SESAR Joint Undertaking for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the SESAR Joint Undertaking for the financial year ended 31 December 2009, together with the replies of the Joint Undertaking (1),
   having regard to the Council’s recommendation of 15 February 2011 (05894/2011 — C7-0051/2011),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 1361/2008 of 16 December 2008 amending Regulation (EC) No 219/2007 on the establishment of a joint undertaking to develop the new generation European air traffic management system (SESAR) (3), 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 (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0124/2011),

               1.

               Grants the Executive Director of the SESAR Joint Undertaking discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2009;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the SESAR Joint Undertaking, 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

         Jerzy BUZEK

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 342, 16.12.2010, p. 30.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 352, 31.12.2008, p. 12.

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

               27.9.2011

               EN

               Official Journal of the European Union

               L 250/256

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2011
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the SESAR Joint Undertaking for the financial year 2009
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the SESAR Joint Undertaking for the financial year 2009,
   having regard to the Court of Auditors’ report on the annual accounts of the SESAR Joint Undertaking for the financial year ended 31 December 2009, together with the replies of the Joint Undertaking (1),
   having regard to the Council’s recommendation of 15 February 2011 (05894/2011 — C7-0051/2011),
   having regard to Article 276 of the EC Treaty and Article 319 of the Treaty on the Functioning of the European Union,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 1361/2008 of 16 December 2008 amending Regulation (EC) No 219/2007 on the establishment of a joint undertaking to develop the new generation European air traffic management system (SESAR) (3), and in particular Article 4b thereof,
   having regard to the Financial Rules of the SESAR Joint Undertaking adopted by the SESAR Administrative Board on 28 July 2009 (hereinafter ‘SESAR Financial Rules’),
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,
   having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0124/2011),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts for the financial year 2009 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas the SESAR Joint Undertaking was set up in February 2007 to run the Single European Sky Air Traffic Management Research (SESAR) programme,

               C.

               whereas the Joint Undertaking is in a start-up phase and had not yet fully established its internal control and financial reporting systems by the end of 2009,

               D.

               whereas the Joint Undertaking will own all the tangible and intangible assets which it creates or which are transferred to it for the development phase of the SESAR project in accordance with specific agreements with its members,

               E.

               whereas in April 2010 the Court of Auditors delivered Opinion No 2/2010 on the SESAR Joint Undertaking Financial Rules,

               1.

               Welcomes the fact that the Court of Auditors found the Joint Undertaking’s accounts for 2009 to be reliable and the underlying transactions to be, in all material respects, legal and regular;

               2.

               Notes that the Joint Undertaking received EUR 55 000 000 in commitment appropriations and EUR 27 689 788 in payment appropriations from the Union budget for 2009;

      Implementation of the budget

               3.

               Notes that the Joint Undertaking final 2009 budget included commitment appropriations of EUR 325 000 000 and payment appropriations of EUR 157 000 000; further acknowledges that the utilisation rates for commitment and payment appropriations were 97,1 % and 43,2 % respectively;

               4.

               Recognises that the Joint Undertaking is still in a start-up period given that Regulation (EC) No 1361/2008, modifying the basic act of the SESAR Joint Undertaking (EC) No 219/2007, was only adopted on 16 December 2008;

               5.

               Notes that year-end bank deposits totalling EUR 86 800 000 represent a breach of the budgetary principle of equilibrium;

               6.

               Considers it important to set out the conditions under which, if the balance of the outturn account is positive, it shall be entered in the budget of the Joint Undertaking of the following financial year in order to specify the application of this derogation from the general budgetary principle of equilibrium;

               7.

               Is concerned that an integrated management system, allowing costs to be allocated to specific work packages and funding sources of operational costs to be identified, was not in place by December 2009;

               8.

               Requests that a report be attached to each year’s budget on the unspent appropriations carried over from previous years, explaining why those monies have not been used and how and when they will be used;

      Members’ contribution

               9.

               Calls on the Joint Undertaking to harmonise the presentation of members’ contributions in the accounts under the guidance of the Commission;

               10.

               Calls on the Joint Undertaking to further develop in its Implementing Rules Articles 97 and 98 of the SESAR Financial Rules with provisions on membership and co-financing and, in particular, on:

                           —

                           the arrangements for the accession of new members,

                           —

                           the in-kind contributions by members,

                           —

                           the terms and conditions under which the Joint Undertaking may audit the contributions of the members,

                           —

                           the conditions under which the Administrative Board may approve co-financing above the standard maximum rate of 50 %;

      Internal control systems

               11.

               Urges the Joint Undertaking to complete the implementation of its internal controls and financial information system;

               12.

               Welcomes the Court of Auditors’ finding that important steps were taken in 2009 to establish control systems but expresses concern that an integrated tool to manage financial, budget and operational information was not in place at year-end; notes the Joint Undertaking’s response that financial systems were in place by May 2010;

               13.

               Calls on the Joint Undertaking to include in its Financial Rules a specific reference to the powers of the Internal Audit Service (IAS) as its Internal Auditor, on the basis of the provision set out in the framework Financial Regulation for Community bodies;

               14.

               Considers, in particular, that the role of the IAS as Internal Auditor should be to advise the Joint Undertaking on dealing with risks, by issuing independent opinions on the quality of management and control systems and by issuing recommendations for improving the conditions of implementation of operations and promoting sound financial management; considers it to be also essential that the Joint Undertaking submit to the discharge authority a report drawn up by its director summarising the number and the type of internal audits conducted by the Internal Auditor, the recommendations made and the actions taken regarding these recommendations;

               15.

               Is of the opinion that, in view of the size of its budget and the complexity of its tasks, the Joint Undertaking should establish an audit committee, reporting directly to the Administrative Board;

      Financial Regulation

               16.

               Acknowledges that following the entry into force of Regulation (EC) No 1361/2008 amending Regulation (EC) No 219/2007, the Administrative Board adopted new SESAR Financial Rules on 28 July 2009; considers that these rules are largely based on the principles of the framework Financial Regulation although is of the opinion that further improvement could be made in relation to:

                           —

                           the exceptions to budgetary principles,

                           —

                           the role of the IAS,

                           —

                           the establishment of an audit committee,

                           —

                           provisions concerning membership of SESAR.

      (1)  OJ C 342, 16.12.2010, p. 30.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 352, 31.12.2008, p. 12.

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


title: Council Decision 2010/573/CFSP of 27 September 2010 concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova

text:
               28.9.2010

               EN

               Official Journal of the European Union

               L 253/54

         COUNCIL DECISION 2010/573/CFSP
   of 27 September 2010
   concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 25 February 2008, the Council adopted Common Position 2008/160/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova (1). By Council Decision 2010/105/CFSP, (2) those restrictive measures were extended until 27 February 2011 but their application suspended until 30 September 2010.

               (2)

               On the basis of a re-examination of Common Position 2008/160/CFSP, the restrictive measures should be extended until 30 September 2011.

               (3)

               However, in order to encourage progress in reaching a political settlement to the Transnistrian conflict, addressing the remaining problems of the Latin-script schools and restoring free movement of persons, the restrictive measures should be suspended until 31 March 2011. At the end of that period, the Council will review the restrictive measures in the light of developments, notably in the areas mentioned above. The Council may decide to reapply or lift travel restrictions at any time,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   Member States shall take the necessary measures to prevent the entry into, or transit through, their territories of the persons who are responsible:

               (i)

               for preventing progress in arriving at a political settlement of the Transnistrian conflict in the Republic of Moldova, as listed in Annex I;

               (ii)

               for the design and implementation of the campaign of intimidation and closure against Latin-script Moldovan schools in the Transnistrian region of the Republic of Moldova, as listed in Annex II.

         2.   Paragraph 1 will not oblige a Member State to refuse its own nationals entry into its territory.
   3.   Paragraph 1 shall be without prejudice to the cases where a Member State is bound by an obligation of international law, namely:

               (i)

               as a host country of an international intergovernmental organisation;

               (ii)

               as a host country to an international conference convened by, or under the auspices of, the United Nations;

               (iii)

               under a multilateral agreement conferring privileges and immunities;
               or

               (iv)

               under the 1929 Treaty of Conciliation (Lateran pact) concluded by the Holy See (State of the Vatican City) and Italy.

         4.   Paragraph 3 shall be considered as applying also in cases where a Member State is host country of the Organisation for Security and Cooperation in Europe (OSCE).
   5.   The Council shall be duly informed in all cases where a Member State grants an exemption pursuant to paragraphs 3 or 4.
   6.   Member States may grant exemptions from the measures imposed in paragraph 1 where travel is justified on the grounds of urgent humanitarian need, or on grounds of attending intergovernmental meetings, including those promoted by the European Union, or hosted by a Member State holding the Chairmanship in office of the OSCE, where a political dialogue is conducted that directly promotes democracy, human rights and the rule of law in the Republic of Moldova.
   7.   A Member State wishing to grant exemptions referred to in paragraph 6 shall notify the Council in writing. The exemption shall be deemed to be granted unless one or more of the Council Members raises an objection in writing within two working days of receiving notification of the proposed exemption. In the event that one or more of the Council members raises an objection, the Council, acting by a qualified majority, may decide to grant the proposed exemption.
   8.   In cases where pursuant to paragraphs 3, 4, 6 and 7, a Member State authorises the entry into, or transit through, its territory of persons listed in Annexes I and II, the authorisation shall be limited to the purpose for which it is given and to the persons concerned thereby.
   Article 2
   The Council, acting upon a proposal by a member state or the High representative of the Union for Foreign Affairs and Security Policy, shall adopt modifications to the lists contained in Annex I and Annex II as required by political developments in the Republic of Moldova.
   Article 3
   Council Decision 2010/105/CFSP is hereby repealed.
   Article 4
   1.   This Decision shall enter into force on the date of its adoption.
   2.   This Decision shall apply until 30 September 2011. It shall be kept under constant review. It may be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.
   3.   The restrictive measures provided for in this Decision shall be suspended until 31 March 2011. At the end of that period, the Council shall review the restrictive measures.

      Done at Brussels, 27 September 2010.

            For the Council

            The President

         K. PEETERS

      (1)  OJ L 51, 26.2.2008, p. 23.

      (2)  OJ L 46, 23.2.2010, p. 3.

      ANNEX I

         List of persons referred to in Article 1(1)(i)

                  1.

                  SMIRNOV, Igor Nikolayevich, ‘President’, born on 23 October 1941 in Khabarovsk, Russian Federation, Russian passport No 50No0337530.

                  2.

                  SMIRNOV, Vladimir Igorevich, son of No 1 and ‘Chairman of the State Customs Committee’, born on 3 April 1961 in Kupiansk, Kharkovskaya oblast or Novaya Kakhovka, Khersonskaya oblast, Ukraine, Russian passport No 50No00337016.

                  3.

                  SMIRNOV, Oleg Igorevich, son of No 1 and ‘Adviser to the State Customs Committee’, ‘Member of the Supreme Soviet’, born on 8 August 1967 in Novaya Kakhovka, Khersonskaya oblast, Ukraine, Russian passport No 60No1907537.

                  4.

                  LITSKAI, Valery Anatolyevich, former ‘Minister for Foreign Affairs’, born on 13 February 1949 in Tver, Russian Federation, Russian passport No 51No0076099, issued 9 August 2000.

                  5.

                  KHAZHEYEV, Stanislav Galimovich, ‘Minister for Defence’, born on 28 December 1941 in Chelyabinsk, Russian Federation.

                  6.

                  ANTYUFEYEV, Vladimir Yuryevich, alias SHEVTSOV, Vadim, ‘Minister for State Security’, born in 1951 in Novosibirsk, Russian Federation, Russian passport.

                  7.

                  KOROLYOV, Alexandr Ivanovich, ‘Vice-President’, born on 24 October 1958 in Wroclaw, Poland, Russian passport.

                  8.

                  BALALA, Viktor Alekseyevich, former ‘Minister of Justice’, born in 1961 in Vinnitsa, Ukraine.

                  9.

                  GUDYMO, Oleg Andreyevich, ‘Member of the Supreme Soviet’, ‘Chairman of the Committee on Security, Defence and Peacekeeping of the Supreme Soviet’, former ‘Deputy Minister of Security’, born on 11 September 1944 in Alma-Ata, Kazakhstan, Russian passport No 51No0592094.

                  10.

                  KRASNOSELSKY, Vadim Nikolayevich, ‘Minister of Internal Affairs’, born on 14 April 1970 in Dauriya, Zabaykalskyi rayon, Chitinskaya oblast, Russian Federation.

                  11.

                  ATAMANIUK, Vladimir, ‘Deputy Minister of Defence’.

      ANNEX II

         List of persons referred to in Article 1(1)(ii)

                  1.

                  MAZUR, Igor Leonidovich, ‘Head of State Administration in Dubossary Rayon’, born on 29 January 1967 in Dubossary, Republic of Moldova.

                  2.

                  PLATONOV, Yuri Mikhailovich, known as Yury PLATONOV, ‘Head of State Administration in Rybnitsa Rayon and Rybnitsa City’, born on 16 January 1948 in Klimkovo, Poddorsky rayon, Novgorodskaya oblast, Russian passport No 51No0527002, issued by the Russian Embassy in Chisinau on 4 May 2001.

                  3.

                  CHERBULENKO, Alla Viktorovna, ‘Deputy Head of State Administration of Rybnitsa’, responsible for education issues.

                  4.

                  KOGUT, Vecheslav Vasyilevich, ‘Head of State Administration in Bender’, born on 16 February 1950 in Taraclia, Chadir-Lunga rayon, Republic of Moldova.

                  5.

                  KOSTIRKO, Viktor Ivanovich, ‘Head of State Administration in Tiraspol’, born on 24 May 1948, Komsomolsk na Amure, Habarovsky kray, Russian Federation


title: Council Decision 2009/877/CFSP of 23 October 2009 on the signing and provisional application of the Exchange of Letters between the European Union and the Republic of Seychelles on the conditions and modalities for the transfer of suspected pirates and armed robbers from EUNAVFOR to the Republic of Seychelles and for their treatment after such transfer

text:
               2.12.2009

               EN

               Official Journal of the European Union

               L 315/35

         COUNCIL DECISION 2009/877/CFSP
   of 23 October 2009
   on the signing and provisional application of the Exchange of Letters between the European Union and the Republic of Seychelles on the conditions and modalities for the transfer of suspected pirates and armed robbers from EUNAVFOR to the Republic of Seychelles and for their treatment after such transfer
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               On 2 June 2008, the United Nations Security Council (UNSC) adopted Resolution 1816 (2008) calling upon all States to cooperate in determining jurisdiction, and in the investigation and prosecution of persons responsible for acts of piracy and armed robbery off the coast of Somalia. Those provisions were reaffirmed by UNSC Resolution 1846 (2008), adopted on 2 December 2008.

               (2)

               On 10 November 2008, the Council adopted Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1) (operation ‘Atalanta’).

               (3)

               Article 12 of Joint Action 2008/851/CFSP provides that persons having committed, or suspected of having committed acts of piracy or armed robbery in Somali territorial waters, who are arrested and detained, with a view to their prosecution, and property used to carry out such acts, may be transferred to a third State which wishes to exercise its jurisdiction over the aforementioned persons and property, provided that the conditions for the transfer have been agreed with that third State in a manner consistent with relevant international law, notably international law on human rights, in order to guarantee in particular that no-one shall be subjected to the death penalty, to torture or to any cruel, inhuman or degrading treatment.

               (4)

               In accordance with Article 24 of the Treaty, the Presidency, assisted by the Secretary-General/High Representative (SG/HR), negotiated an Exchange of Letters between the European Union and the Government of Seychelles on the conditions and modalities for the transfer of suspected pirates and armed robbers from EUNAVFOR to the Republic of Seychelles and for their treatment after such transfer.

               (5)

               The Exchange of Letters should be signed and provisionally applied, subject to its conclusion at a later date,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Exchange of Letters between the European Union and the Republic of Seychelles on the conditions and modalities for the transfer of suspected pirates and armed robbers from EUNAVFOR to the Republic of Seychelles and for their treatment after such transfer, is hereby approved on behalf of the European Union, subject to the conclusion of the said Agreement.
   The text of the Exchange of Letters is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the respective letter on behalf of the European Union, subject to its conclusion.
   Article 3
   The Exchange of Letters shall be applied on a provisional basis from the date of its signature, pending its entry into force.
   Article 4
   This Decision shall take effect on the date of its adoption.
   Article 5
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 23 October 2009.

            For the Council

            The President

         T. BILLSTRÖM

      (1)  OJ L 301, 12.11.2008, p. 33.
    ---documentbreak---

               2.12.2009

               EN

               Official Journal of the European Union

               L 315/37

         Exchange of Letters between the European Union and the Republic of Seychelles on the Conditions and Modalities for the Transfer of Suspected Pirates and Armed Robbers from EUNAVFOR to the Republic of Seychelles and for their Treatment after such Transfer
   Your Excellency,
   Reference is made to the working session held in Seychelles on the 18th and 19th August 2009 to discuss the EU Agreements on Piracy and Armed Robbery which involved the participation of representatives of the EU, the members of the Seychelles High Level Committee and other related institutions and to our subsequent letter of August 21, 2009.
   In the course of the working session, the concerns of the different related institutions on the transfer of suspected pirates and armed robbers were tabled. The ‘Guidance for the Transfer of Suspected pirates, armed robbers and seized property to Seychelles’ prepared by the Attorney General of the Republic of Seychelles, which is intended to ensure that any transfer of persons suspected of acts of piracy and armed robbery is done in accordance with the laws of Seychelles was approved in principle. It was also agreed that the Implementing Arrangements (which clarifies Article 10 of the proposed Transfer Agreement) could be agreed upon after the proposed Transfer Agreement has been finalised and that a common Guidance on the handover of suspected pirates, armed robbers and seized property is prepared. Furthermore, that the Republic of Seychelles will be provided with the necessary assistance for the detention, maintenance, investigation, prosecution trial and repatriation of the suspected pirates and armed robbers.
   Following the working session and our letter, further discussions have taken place within the High Level Committee on the transfer of suspected pirates and armed robbers to the territory of the Republic of Seychelles.
   The Government of the Republic of Seychelles would like to take this opportunity to renew its reassurance to the EU of its commitment to cooperate to its fullest possible extent, having regard to its available resources and infrastructure capacities, in the repression of piracy to accept the transfer of captured suspected pirates and armed robbers.
   At the same time, the Government of the Republic of Seychelles would like to express its desire that the EU SOFA be signed as discussions continue on the proposed EU Transfer Agreement.
   In view of ongoing negotiations and pending conclusion of a mutually acceptable arrangement between the EU and the Government of the Republic of Seychelles on the transfer of pirates and armed robbers to its territory, the Government of the Republic of Seychelles may authorize the EUNAVFOR to transfer suspected pirates and armed robbers captured in the course of its operations in the exclusive economic zone, territorial sea, archipelagic waters and internal waters of the Republic of Seychelles. This authorization is extended to the protection of Seychelles flagged vessels and Seychellois Citizens on a non-Seychelles flagged vessel beyond the limit aforementioned and in other circumstances on the high seas at the discretion of the Republic of the Seychelles.
   Provided always that:

               —

               The EU, aware of the limited capacities of the Republic of Seychelles to accept, try, detain and incarcerate suspected pirates and armed robbers and in consideration of the acceptance by the Republic of Seychelles of the transfer of any suspected pirates and armed robbers to its territory, shall provide the Republic of Seychelles with such full financial, human resource, material, logistical and infrastructural assistance for the detention, incarceration maintenance, investigation, prosecution, trial and repatriation of the suspected or convicted pirates and armed robbers;

               —

               The Attorney General shall have at least 10 days from the date of transfer of the suspected pirates or armed robbers to decide on the sufficiency of the available evidence in view of prosecution,

               —

               In the event that the Attorney General decides that there is insufficient evidence to prosecute, the EUNAVFOR shall take the full responsibility, including the financial costs, of transferring the suspected pirates and armed robbers back to their country of origin within 10 days of EUNAVFOR having been notified of such a decision;

               —

               Any transfer of suspected pirates and armed robbers shall as far as possible be in accordance with the ‘Guidance for the Transfer of Suspected pirates, armed robbers and seized property to Seychelles’,

               —

               The Government of the Republic of the Seychelles also confirms that:

                           —

                           Any transferred person will be treated humanely and will not be subjected to torture or cruel, inhuman or degrading treatment or punishment, will receive adequate accommodation and nourishment, access to medical treatment and will be able to carry out religious observance.

                           —

                           Any transferred person will be brought promptly before a judge or other officer authorised by law to exercise judicial power, who will decide without delay on the lawfulness of his detention and will order his release if the detention is not lawful,

                           —

                           Any transferred person will be entitled to trial within a reasonable time or to release,

                           —

                           In the determination of any criminal charge against him, any transferred person will be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law,

                           —

                           Any transferred person charged with a criminal offence will be presumed innocent until proved guilty according to law,

                           —

                           In the determination of any criminal charge against him, every transferred person will be entitled to the following minimum guarantees, in full equality:

                                       (1)

                                       to be informed promptly and in detail in a language which he understands of the nature of the charge against him;

                                       (2)

                                       to have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choice;

                                       (3)

                                       to defend himself in person or through legal assistance of his own choice; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

                                       (4)

                                       to examine, or have examined, all evidence against him, including affidavits of witnesses who conducted the arrest, and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

                                       (5)

                                       to have the free assistance of an interpreter if he cannot understand or speak the language used in court;

                                       (6)

                                       not to be compelled to testify against himself or to confess guilt.

                           —

                           Any transferred person convicted of a crime will be permitted to have the right to have its conviction and sentence reviewed by or appealed to a higher tribunal in accordance with the law of the Seychelles,

                           —

                           The Seychelles will not transfer any transferred person to any other State without prior written consent from EUNAVFOR,

         This arrangement has been discussed and agreed by the Seychelles authorities. The arrangements proposed herewith may come into force when the European Union indicates its agreement in writing.

      Yours Sincerely,
      Mr J. Morgan
      THE MINISTER
      Chairman of the High Level Committee of Piracy

   Your Excellency,
   I have the honour to acknowledge receipt of your letter dated 29 September 2009 regarding the conditions and modalities for the transfer of suspected pirates and armed robbers from EUNAVFOR to the Republic of Seychelles and for their treatment after such transfer, which reads as follows:
   ‘Reference is made to the working session held in Seychelles on August 18 and 19, 2009 to discuss the EU Agreements on Piracy and Armed Robbery which involved the participation of representatives of the EU, the members of the Seychelles High Level Committee and other related institutions and to our subsequent letter of August 21, 2009.
   In the course of the working session, the concerns of the different related institutions on the transfer of suspected pirates and armed robbers were tabled. The “Guidance for the Transfer of Suspected pirates, armed robbers and seized property to Seychelles” prepared by the Attorney General of the Republic of Seychelles, which is intended to ensure that any transfer of persons suspected of acts of piracy and armed robbery is done in accordance with the laws of Seychelles was approved in principle. It was also agreed that the Implementing Arrangements (which clarifies Article 10 of the proposed Transfer Agreement) could be agreed upon after the proposed Transfer Agreement has been finalised and that a common Guidance on the handover of suspected pirates, armed robbers and seized property is prepared. Furthermore, that the Republic of Seychelles will be provided with the necessary assistance for the detention, maintenance, investigation, prosecution trial and repatriation of the suspected pirates and armed robbers.
   Following the working session and our letter, further discussions have taken place within the High Level Committee on the transfer of suspected pirates and armed robbers to the territory of the Republic of Seychelles.
   The Government of the Republic of Seychelles would like to take this opportunity to renew its reassurance to the EU of its commitment to cooperate to its fullest possible extent, having regard to its available resources and infrastructure capacities, in the repression of piracy to accept the transfer of captured suspected pirates and armed robbers.
   At the same time, the Government of the Republic of Seychelles would like to express its desire that the EU SOFA be signed as discussions continue on the proposed EU Transfer Agreement.
   In view of ongoing negotiations and pending conclusion of a mutually acceptable arrangement between the EU and the Government of the Republic of Seychelles on the transfer of pirates and armed robbers to its territory, the Government of the Republic of Seychelles may authorize the EUNAVFOR to transfer suspected pirates and armed robbers captured in the course of its operations in the exclusive economic zone, territorial sea, archipelagic waters and internal waters of the Republic of Seychelles. This authorization is extended to the protection of Seychelles flagged vessels and Seychellois Citizens on a non-Seychelles flagged vessel beyond the limit aforementioned and in other circumstances on the high seas at the discretion of the Republic of the Seychelles.
   Provided always that:

               —

               The EU, aware of the limited capacities of the Republic of Seychelles to accept, try, detain and incarcerate suspected pirates and armed robbers and in consideration of the acceptance by the Republic of Seychelles of the transfer of any suspected pirates and armed robbers to its territory, shall provide the Republic of Seychelles with such full financial, human resource, material, logistical and infrastructural assistance for the detention, incarceration maintenance, investigation, prosecution, trial and repatriation of the suspected or convicted pirates and armed robbers;

               —

               The Attorney General shall have at least 10 days from the date of transfer of the suspected pirates or armed robbers to decide on the sufficiency of the available evidence in view of prosecution,

               —

               In the event that the Attorney General decides that there is insufficient evidence to prosecute, the EUNAVFOR shall take the full responsibility, including the financial costs, of transferring the suspected pirates and armed robbers back to their country of origin within 10 days of EUNAVFOR having been notified of such a decision;

               —

               Any transfer of suspected pirates and armed robbers shall as far as possible be in accordance with the “Guidance for the Transfer of Suspected pirates, armed robbers and seized property to Seychelles”,

               —

               The Government of the Republic of the Seychelles also confirms that:

                           —

                           Any transferred person will be treated humanely and will not be subjected to torture or cruel, inhuman or degrading treatment or punishment, will receive adequate accommodation and nourishment, access to medical treatment and will be able to carry out religious observance.

                           —

                           Any transferred person will be brought promptly before a judge or other officer authorised by law to exercise judicial power, who will decide without delay on the lawfulness of his detention and will order his release if the detention is not lawful,

                           —

                           Any transferred person will be entitled to trial within a reasonable time or to release,

                           —

                           In the determination of any criminal charge against him, any transferred person will be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law,

                           —

                           Any transferred person charged with a criminal offence will be presumed innocent until proved guilty according to law,

                           —

                           In the determination of any criminal charge against him, every transferred person will be entitled to the following minimum guarantees, in full equality:

                                       (1)

                                       to be informed promptly and in detail in a language which he understands of the nature of the charge against him;

                                       (2)

                                       to have adequate time and facilities for the preparation of his defence and to communicate with counsel of his own choice;

                                       (3)

                                       to defend himself in person or through legal assistance of his own choice; to be informed, if he does not have legal assistance, of this right; and to have legal assistance assigned to him, in any case where the interests of justice so require, and without payment by him in any such case if he does not have sufficient means to pay for it;

                                       (4)

                                       to examine, or have examined, all evidence against him, including affidavits of witnesses who conducted the arrest, and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;

                                       (5)

                                       to have the free assistance of an interpreter if he cannot understand or speak the language used in court;

                                       (6)

                                       not to be compelled to testify against himself or to confess guilt.

                           —

                           Any transferred person convicted of a crime will be permitted to have the right to have its conviction and sentence reviewed by or appealed to a higher tribunal in accordance with the law of the Seychelles,

                           —

                           The Seychelles will not transfer any transferred person to any other State without prior written consent from EUNAVFOR,

         This arrangement has been discussed and agreed by the Seychelles authorities. The arrangements proposed herewith may come into force when the European Union indicates its agreement in writing. This is without prejudice to the legal or policy positions taken by the delegations of both parties in the ongoing negotiations.’.
   I have the honour to confirm, on behalf of the European Union, that the content of your letter is acceptable to the European Union. This Instrument will be applied provisionally by the European Union from the date of signature of this letter and will enter into force definitively once the European Union has completed its internal procedures for conclusion.
   With regard to the reference in your letter to the consideration by the Seychelles Attorney General of the sufficiency of the available evidence in view of prosecution, the European Union understands that you have agreed that, since EUNAVFOR will communicate in each case all the evidence available to it at the time, such as logbooks, pictures and videos, this will allow the Seychelles Attorney General to take a decision on the sufficiency of such evidence before accepting the transfer of suspected pirates and armed robbers.
   I also recall that, as mentioned in your letter, this Instrument will apply on a transitional basis, pending the conclusion of a mutually acceptable transfer agreement between the EU and the Republic of Seychelles on the transfer of pirates and armed robbers to the territory of the Republic of Seychelles.
   Please, accept Sir, the assurance of my highest consideration.

         For the European Union

      J. SOLANA MADARIAGA

   DECLARATION BY THE EUROPEAN UNION ON THE OCCASION OF THE SIGNATURE OF THE EXCHANGE OF LETTERS BETWEEN THE EUROPEAN UNION AND THE REPUBLIC OF SEYCHELLES ON THE CONDITIONS AND MODALITIES FOR THE TRANSFER OF SUSPECTED PIRATES AND ARMED ROBBERS FROM EUNAVFOR TO THE REPUBLIC OF SEYCHELLES AND FOR THEIR TREATMENT AFTER SUCH TRANSFER

               1.

               The European Union (EU) notes that nothing in the Exchange of letters between the European Union and the Republic of Seychelles on the conditions and modalities for the transfer of suspected pirates and armed robbers is intended to derogate, or may be construed as derogating, from any rights that a transferred person may have under applicable domestic or international law.

               2.

               The EU notes that representatives of the EU and of EUNAVFOR will be granted access to any persons transferred to the Republic of Seychelles (Seychelles) pursuant to the Exchange of Letters as long as such persons are held in custody there, and that representatives of the EU and of EUNAVFOR will be entitled to question them.
               For this purpose, the EU notes that an accurate account will be made available to representatives of the EU and of EUNAVFOR of all transferred persons, including records of any seized property, the persons' physical condition, their place of detention, any charges against them and any significant decisions taken in the course of their prosecution and trial.
               EUNAVFOR is willing to provide timely assistance to Seychelles through the attendance of witnesses from EUNAVFOR and the provision of relevant evidence. For this purpose, Seychelles should notify EUNAVFOR of its intention to initiate criminal proceedings against any transferred person and the timetable for the provision and hearing of evidence.
               The EU notes that national and international humanitarian agencies will also be allowed, at their request, to visit persons transferred under the Exchange of Letters.


Avis juridique important

|

41999D0213

1999/213/EC: Decision of the representatives of the Governments of the Member States of the European Communities, meeting within the Council of 11 March 1999 amending the internal agreement on the measures to be taken and the procedures to be followed in applying the fourth ACP-EC Convention

Official Journal L 075 , 20/03/1999 P. 0030 - 0031

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES, MEETING WITHIN THE COUNCIL of 11 March 1999 amending the internal agreement on the measures to be taken and the procedures to be followed in applying the fourth ACP-EC Convention (1999/213/EC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES, MEETING WITHIN THE COUNCIL,Having regard to the Treaty establishing the European Community, hereinafter referred to as 'the Treaty` and to the fourth ACP-EC Convention signed in Lomé on 15 December 1989 and amended by the Agreement signed in Mauritius on 4 November 1995, hereinafter referred to as 'the Convention`,Having regard to the internal agreement (1) on the measures to be taken and the procedures to be followed in applying the fourth ACP-EC Convention, and in particular Article 7 thereof,Whereas under Article 5 of the Convention, respect for human rights, democratic principles and the rule of law constitutes an essential element of the Convention;Whereas pursuant to Article 366a of the Convention the party which considers that another party has failed to fulfil an obligation in respect of one of the essential elements referred to in Article 5 may invite the other party concerned to hold consultations and, in certain circumstances, take appropriate steps, including, where necessary, but only as a last resort, the partial or full suspension of the application of the Convention to the party concerned;Whereas an effective procedure should be adopted where it is intended to take appropriate steps;Whereas within the meaning of Article 366a of the Convention the term 'Party` shall mean the Community and the Member States of the European Union, of the one part, and each ACP State, of the other part;Whereas it is therefore necessary, in fields covered by the Convention and falling within the competence of the Member States, that Member States authorise the Council to adopt appropriate decisions pursuant to Article 366a of the Convention;After consulting the Commission,HAVE DECIDED AS FOLLOWS:Article 1 The following Article shall be added after Article 2 of the internal agreement:'Article 2aThe position of the Member States regarding implementation of Article 366a of the Convention, where the latter covers fields falling within their competence, shall be adopted by the Council acting pursuant to the Decision of 11 March 1999 on the procedure for implementing Article 366a of the fourth ACP-EC Convention. If the steps envisaged concern fields for which Member States are competent, the Council can also act at the initiative of a Member State.`Article 2 This Decision shall enter into force on the day following its publication in the Official Journal of the European Communities.Done at Brussels, 11 March 1999.The PresidentJ. TRITTIN(1) OJ L 229, 17. 8. 1991, p. 301.


title: 2009/190/EC,Euratom: Decision of the European Parliament of 22 April 2008 on the closure of the accounts of the European Union general budget for the financial year 2006, section III — Commission

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/70

      DECISION OF THE EUROPEAN PARLIAMENT

   of 22 April 2008
   on the closure of the accounts of the European Union general budget for the financial year 2006, section III — Commission
   (2009/190/EC, Euratom)
   THE EUROPEAN PARLIAMENT,
   having regard to the European Union general budget for the financial year 2006 (1),
   having regard to the final annual accounts of the European Communities for the financial year 2006 — Volume I (SEC(2007) 1056 — C6-0390/2007, SEC(2007) 1055 — C6-0362/2007) (2),
   having regard to the Commission's annual report to the discharge authority on the follow-up to 2005 discharge decisions (COM(2007) 538, COM(2007) 537), and to the Commission staff working document — Annex to the report from the Commission to the European Parliament on the follow-up to 2005 discharge procedure (SEC(2007) 1185, SEC(2007) 1186),
   having regard to the Commission communication entitled ‘Policy Achievements in 2006’ (COM(2007) 67),
   having regard to the Commission communication entitled ‘Synthesis of the Commission's management achievements in 2006’ (COM(2007) 274),
   having regard to the Commission's annual report to the discharge authority on internal audits carried out in 2006 (COM(2007) 280), and to the Commission staff working document accompanying the annual report to the discharge authority on internal audits carried out in 2006 (SEC(2007) 708),
   having regard to the Commission's report on Member States' replies to the Court of Auditors' 2005 annual report (COM(2007) 118),
   having regard to the Green Paper on the European Transparency Initiative, adopted by the Commission on 3 May 2006 (COM(2006) 194),
   having regard to Opinion No 2/2004 of the Court of Auditors on the ‘single audit’ model (and a proposal for a Community internal control framework) (3),
   having regard to the Commission communication on a roadmap to an integrated internal control framework (COM(2005) 252),
   having regard to the Commission's action plan towards an integrated internal control framework (COM(2006) 9), the report from the Commission to the Council, the European Parliament and the Court of Auditors on the progress of the Commission action plan towards an integrated internal control framework (COM(2007) 86), and the Commission staff working document accompanying that report (SEC(2007) 311),
   having regard to Opinion No 6/2007 of the Court of Auditors on the annual summaries of Member States; ‘national declarations’ of Member States; and audit work on EU funds of national audit bodies (4),
   having regard to the Commission's action plan to strengthen the Commission's supervisory role under shared management of structural actions (COM(2008) 97),
   having regard to the report from the Commission to the Council, the European Parliament and the Court of Auditors on the Commission action plan towards an integrated internal control framework (COM(2008) 110), and the Commission staff working document accompanying that report (SEC(2008) 259),
   having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2006, together with the institutions' replies (5), and to the Court of Auditors' special reports,
   having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (6),
   having regard to the Council's recommendations of 12 February 2008 (5842/2008 — C6-0082/2008 and 5855/2008 — C6-0083/2008),
   having regard to Articles 274, 275 and 276 of the EC Treaty, and Articles 179a and 180b of the Euratom Treaty,
   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 (7), and in particular Articles 145, 146 and 147 thereof,
   having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (8), and in particular Article 14(2) and (3) thereof,
   having regard to Rule 70 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A6-0109/2008),

               A.

               whereas under Article 275 of the EC Treaty the Commission is responsible for drawing up the accounts,

               1.

               Approves the closure of the accounts of the European Union general budget for the financial year 2006;

               2.

               Instructs its President to forward this Decision to the Council, the Commission, the Court of Justice, the Court of Auditors, and the European Investment Bank, and to the national and regional audit institutions of the Member States, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ L 78, 15.3.2006.

      (2)  OJ C 274, 15.11.2007, p. 1.

      (3)  OJ C 107, 30.4.2004, p. 1.

      (4)  OJ C 216, 14.9.2007, p. 3.

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

      (6)  OJ C 274, 15.11.2007, p. 130.

      (7)  OJ L 248, 16.9.2002, p. 1.

      (8)  OJ L 11, 16.1.2003, p. 1.