title: 2009/227/EC: Decision of the European Parliament of 22 April 2008 on discharge in respect of the implementation of the budget of the European Network and Information Security Agency for the financial year 2006

text:
               31.3.2009

               EN

               Official Journal of the European Union

               L 88/217

         DECISION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   on discharge in respect of the implementation of the budget of the European Network and Information Security Agency for the financial year 2006
   (2009/227/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Network and Information Security Agency for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Network and Information Security Agency for the financial year 2006, together with the Agency's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   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 (3), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing a European Network and Information Security Agency (4), 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 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A6-0119/2008),

               1.

               Grants the Executive Director of the European Network and Information Security Agency discharge in respect of the implementation of the Agency's budget for the financial year 2006;

               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 European Network and Information Security Agency, 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

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 261, 31.10.2007, p. 23.

      (2)  OJ C 309, 19.12.2007, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 77, 13.3.2004, p. 1.

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

               31.3.2009

               EN

               Official Journal of the European Union

               L 88/218

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 22 April 2008
   with observations forming an integral part of the decision on discharge in respect of the implementation of the budget of the European Network and Information Security Agency for the financial year 2006
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Network and Information Security Agency for the financial year 2006 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Network and Information Security Agency for the financial year 2006, together with the Agency's replies (2),
   having regard to the Council's recommendation of 12 February 2008 (5843/2008 — C6-0084/2008),
   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 (3), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing a European Network and Information Security Agency (4), 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 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A6-0119/2008),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurance that the annual accounts for the financial year 2006 are reliable, and the underlying transactions are legal and regular,

               B.

               whereas on 24 April 2007 Parliament granted the Executive Director of the European Network and Information Security Agency discharge in respect of the implementation of the Agency's budget for the financial year 2005 (6), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           noted that the implementation of the budget for the financial year 2005 was marked by a low rate of commitment (70 %) and a substantial rate of carry-over (more than 40 % overall and up to almost 80 % for operating expenditure), and that this situation was in part due to problems inherent in the Agency's start-up period and to the fact that it did not become operational until the second half of 2005,

                           —

                           noted that no activity-based management had been brought in, despite the Agency's financial regulation making provision for it, along the lines of that applied to the general budget, with a view to improving the monitoring of performance;

   General points which relate to horizontal issues affecting the EU agencies and which therefore also have a bearing on the discharge procedure for each individual agency

               1.

               Notes that the budgets of the 24 agencies and other satellite bodies audited by the Court of Auditors totalled EUR 1 080,5 million in 2006 (the biggest being that of the European Agency for Reconstruction at EUR 271 million and the smallest being that of the European Police College (CEPOL) at EUR 5 million);

               2.

               Points out that the range of external EU bodies subject to audit and discharge now includes not only traditional regulatory agencies but also executive agencies set up to implement specific programmes, and will in the near future also extend to joint undertakings set up as public-private partnerships (joint technology initiatives);

               3.

               Observes as regards the Parliament that the number of agencies subject to the discharge procedure has evolved as follows: financial year 2000: 8; 2001: 10; 2002: 11; 2003: 14; 2004: 14; 2005: 16; 2006: 20 regulatory agencies and two executive agencies (not including two agencies which are audited by the Court of Auditors but subject to an internal discharge process);

               4.

               Concludes therefore that the auditing/discharge process has become cumbersome and disproportionate compared to the relative size of the agencies'/satellite bodies' budgets; instructs its competent committee to undertake a wide-ranging review of the discharge process as regards agencies and satellite bodies with a view to devising a simpler and more rational approach, bearing in mind the ever-growing number of bodies each requiring a separate discharge report in future years;

         Fundamental considerations

               5.

               Requests that the Commission provide clear explanations regarding the following elements before the creation of a new agency or reform of an existing agency: agency type, objectives of the agency, internal governance structure, products, services, key procedures, target group, clients and stakeholders of the agency, formal relationship with external actors, budget responsibility, financial planning, and personnel and staffing policy;

               6.

               Requests that each agency be governed by a yearly performance agreement which is formulated by the agency and the responsible DG and which should contain the main objectives for the coming year, a financial framework and clear indicators to measure performance;

               7.

               Requests that the performance of the agencies be regularly (and on an ad-hoc basis) audited by the Court of Auditors or another independent auditor; considers that this should not be limited to traditional elements of financial management and the proper use of public money, but should also cover administrative efficiency and effectiveness and should include a rating of the financial management of each agency;

               8.

               Takes the view that in the case of agencies which are continually overestimating their respective budget needs, technical abatement should be made on the basis of vacant posts; is of the opinion that this will lead in the long run to less assigned revenue for the agencies and therefore also to lower administrative costs;

               9.

               Notes that it is a serious problem that a number of agencies is criticised for not following rules on public procurement, the Financial Regulation, the Staff Regulations, etc.; considers that the principal reason for this is that most regulations and the Financial Regulation are designed for bigger institutions and that most of the small agencies do not have the critical mass to be able to cope with these regulatory requirements; therefore asks the Commission to look for a rapid solution in order to enhance the effectiveness by grouping the administrative functions of various agencies together, in order to achieve this critical mass (taking into consideration the necessary changes in the basic regulations governing the agencies and their budgetary independence), or urgently to draft specific rules for the agencies (in particular implementing rules for the agencies) which allow them to be in full compliance;

               10.

               Insists that the Commission, when drafting the Preliminary Draft Budget, take into consideration the results of budget implementation by the individual agencies in former years, in particular in year n-1, and revise the budget requested by the particular agency accordingly; invites its competent committee to respect this revision and, if not undertaken by the Commission, to revise itself the budget in question to a realistic level matching the absorption and implementation capacity of the agency in question;

               11.

               Recalls its decision on discharge in respect of the financial year 2005, in which it invited the Commission to present every five years a study on the added value of every existing agency; invites all relevant institutions in the case of a negative evaluation of the added value of an agency to take the necessary steps by reformulating the mandate of that agency or by closing it; notes that there has not been one single evaluation undertaken by the Commission in 2007; insists that the Commission should present at least five such evaluations before the decision on discharge in respect of the financial year 2007, starting with the oldest agencies;

               12.

               Is of the opinion that recommendations of the Court of Auditors should be promptly implemented and the level of subsidies paid to the agencies should be aligned with their real cash requirements; considers further that the amendments to the general Financial Regulation should be incorporated into the agencies' framework financial regulation and into their various specific financial regulations;

         Presentation of reporting data

               13.

               Notes that there is no standard approach among the agencies with regard to the presentation of their activities during the financial year in question and of their accounts and reports on budgetary and financial management, nor to the question as to whether a declaration of assurance should be drawn up by the agency's director; observes that not all agencies clearly distinguish between (a) presenting the agency's work to the public; and (b) technical reporting on budgetary and financial management;

               14.

               Notes that while the Commission's standing instructions for the preparation of activity reports do not expressly require the agency to draw up a declaration of assurance, many directors have none the less done so for 2006, in one case including an important reservation;

               15.

               Recalls its resolution of 12 April 2005 (7), inviting 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;

               16.

               Asks the Commission to amend its standing instructions to the agencies accordingly;

               17.

               Suggests in addition that the Commission should work with the agencies towards producing a harmonised model applicable to all agencies and satellite bodies clearly distinguishing between:

                           —

                           an annual report intended for a general readership on the body's operations, work and achievements,

                           —

                           financial statements and a report on implementation of the budget,

                           —

                           an activity report along the lines of the activity reports of the Directors-General of the Commission,

                           —

                           a declaration of assurance signed by the body's director, together with any reservations or observations which he considers it appropriate to draw to the attention of the discharge authority;

         General findings by the Court of Auditors

               18.

               Notes the Court's finding (Annual Report, paragraph 10.29 (8)) that the disbursement of subsidies paid by the Commission from the Community budget is not based on sufficiently justified estimates of the agencies' cash requirements and that this, combined with the size of carry-overs, leads them to hold sizeable cash balances; notes further the Court's recommendation that the level of subsidies paid to the agencies should be in line with their real cash requirements;

               19.

               Notes that at the end of 2006 14 agencies had still to implement the ABAC accounting system (Annual Report, footnote to paragraph 10.31);

               20.

               Notes the Court's remark (Annual Report, paragraph 1.25) concerning accrued charges for untaken leave which are accounted for by some agencies; points out that the Court of Auditors has qualified its statement of assurance in the case of three agencies (European Centre for the Development of Vocational Training (Cedefop), CEPOL and the European Railway Agency) for the financial year 2006 (2005: Cedefop, European Food Safety Authority, European Agency for Reconstruction);

         Internal audit

               21.

               Recalls that in accordance with Article 185(3) of the Financial Regulation the Internal Auditor of the Commission is also the internal auditor of the regulatory agencies receiving grants charged to the EU budget; points out that the Internal Auditor reports to each agency's management board and director;

               22.

               Draws attention to the reservation entered in the Internal Auditor's Annual Activity Report for 2006 as follows:
               ‘The Internal Auditor of the Commission is not in a position to properly fulfil his obligation assigned by Article 185 of the Financial Regulation as internal auditor of the Community bodies due to a lack of staff resources.’;

               23.

               Notes, however, the Internal Auditor's remark in his activity report for 2006 that as from 2007, with the additional staff resources granted by the Commission to the Internal Audit Service (IAS), all regulatory agencies in operation will be subject to internal audit work on an annual basis;

               24.

               Notes the ever-growing number of regulatory and executive agencies and joint undertakings required to be audited by the IAS under Article 185 of the Financial Regulation; asks the Commission to inform its competent committee as to whether the staff resources at the IAS's disposal will be sufficient to conduct an annual audit of all such bodies in the coming years;

               25.

               Observes that Article 72(5) of Regulation (EC, Euratom) No 2343/2002 requires each agency to send each year to the discharge authority and the Commission a report drawn up by its director summarising the number and type of internal audits conducted by the internal auditor, the recommendations made and the action taken on these recommendations; asks the agencies to indicate whether this is done and, if so, how;

               26.

               Takes note, as regards internal audit capability, especially in relation to the smaller agencies, of a proposal made by the Internal Auditor before Parliament's competent committee on 14 September 2006 that smaller agencies should be authorised to buy in internal audit services from the private sector;

         Evaluation of agencies

               27.

               Recalls the joint statement by the Parliament, the Council and the Commission (9) negotiated at the conciliation before the Ecofin budget Council of 13 July 2007 calling for (i) a list of agencies which the Commission intends to assess; and (ii) a list of the agencies already assessed, together with a summary of the major findings;

      Disciplinary procedures

               28.

               Notes that, because of their size, individual agencies have difficulty in setting up ad-hoc disciplinary boards composed of staff at the appropriate career grade and that the Commission's IDOC (Investigation and Disciplinary Office) is not competent for agencies; calls on the agencies to consider an inter-agency disciplinary board;

         Draft Interinstitutional Agreement

               29.

               Recalls the draft Interinstitutional Agreement on the operating framework for the European regulatory agencies presented by the Commission (COM(2005) 59), which was intended to create a horizontal framework for the creation, structure, operation, evaluation and control of the European regulatory agencies; notes that the draft represents a useful initiative in the effort to rationalise the creation and running of agencies; notes the statement in the Commission's 2006 synthesis report (paragraph 3.1, COM(2007) 274) that although progress in negotiations stalled after publication of the draft, discussions on substance were relaunched in the Council at the end of 2006; regrets that it has not been possible to make further progress towards adoption;

               30.

               Welcomes therefore the Commission's commitment to bring forward a communication on the future of the regulatory agencies during the course of 2008;

         Self-financed agencies

               31.

               Recalls that for the two self-financing agencies, discharge is given to the director by the administrative board; notes that both have significant accumulated surpluses from fee income carried over from previous years figures, as follows:

                           —

                           Office for Harmonization of the Internal Market cash and cash equivalents: EUR 281 million (10),

                           —

                           Community Plant Variety Office cash and cash equivalents: EUR 18 million (11);

         Specific points

               32.

               Notes the Court of Auditors' observation in its 2006 report that the implementation of the Agency's budget for the financial year 2006 showed a utilisation rate of 90 % of commitment appropriations and 76 % of payment appropriations, with a concentration of transactions in the last quarter of the year; furthermore, the weaknesses of the procedures for establishing the budget led to a high number of transfers, so that the budgetary principle of specification was not strictly observed;

               33.

               Expresses concern at the Court's finding that the general accounting software used by the Agency makes it possible to amend entries without leaving an audit trail, and that the Agency has not established a system for recording invoices that ensures the accuracy of the financial information in the final accounts;

               34.

               Draws attention to the Court's further findings that:

                           —

                           the internal control procedures required by the Financial Regulation to ensure transparency and sound financial management have not yet all been documented,

                           —

                           the management board did not formally adopt standards for internal control, nor a code of professional ethics,

                           —

                           written instructions for archiving supporting documentation to transactions were missing,

                           —

                           a financial irregularities panel was not established;

               35.

               Acknowledges the Agency's reply that, 2006 being in its first full year of operation, it intensified its activities in the second half of the year, with the result that many transactions took place in the last quarter; moreover, the position of budget officer remained vacant for more than five months in 2006, which affected the ability of the Agency to optimise planning and minimise transfers for the year;

               36.

               Notes from the Agency's economic outturn account that in 2006 its total operating revenue amounted to EUR 5,48 million, with total expenditure of EUR 5,95 million, giving an economic result (deficit) for the year of EUR 460 000;

               37.

               Notes that the budget outturn account includes EUR 1,1 million under pre-financing which is still open and to be returned by the Agency to the Commission in 2007;

               38.

               Points out that Agency's annual activity report, pursuant to Article 40 of Regulation (EC, Euratom) No 2343/2002, contains a declaration of assurance by the authorising officer, together with reservations;

               39.

               Is aware of an evaluation of the Agency carried out on behalf of the Commission in 2007 by external evaluators which concluded that:

                           —

                           the Agency's achievements were insufficient to produce the added value and impact initially hoped for,

                           —

                           the size of the management board and its extensive powers over the Agency make for difficult governance,

                           —

                           operational staff was below the critical mass needed to be effective;

               40.

               Takes note of and rejects the Commission's proposal (COM(2007) 699) to transfer the Agency's responsibilities to a new European Telecom Marketing Authority whose tasks from 2010 would include:

                           —

                           ensuring that the 27 national regulators work as an efficient team on the basis of common guiding principles,

                           —

                           delivering opinions and assisting in preparing the single market measures of the Commission for the telecoms sector,

                           —

                           addressing network and information security issues.

      (1)  OJ C 261, 31.10.2007, p. 23.

      (2)  OJ C 309, 19.12.2007, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 77, 13.3.2004, p. 1.

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

      (6)  OJ L 187, 15.7.2008, p. 176.

      (7)  All resolutions regarding the agencies were published in OJ L 196, 27.7.2005.

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

      (9)  Council document DS 605/1/07 Rev1.

      (10)  Source: report on the annual accounts of the Office for Harmonization in the Internal Market for the financial year 2006, together with the Office's replies (OJ C 309, 19.12.2007, p. 141).

      (11)  Source: report on the annual accounts of the Community Plant Variety Office for the financial year 2006, together with the Office's replies (OJ C 309, 19.12.2007, p. 135).


title: 2004/719/EC: Decision of the European Parliament of 21 April 2004 concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year (Commission)

text:
               4.11.2004

               EN

               Official Journal of the European Union

               L 330/78

      DECISION OF THE EUROPEAN PARLIAMENT

   of 21 April 2004
   concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year (Commission)
   (2004/719/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the definitive annual accounts of the European Communities for the financial year 2002 - Volume I - Consolidated statements on budgetary implementation and consolidated financial statements (SEC(2003) 1104 - C5-0564/2003, SEC(2003) 1105 - C5-0565/2003) (1),
   having regard to the annual report of the Court of Auditors concerning the financial year 2002, accompanied by the replies of the institutions audited (C5-0583/2003) (2), and the special reports of the Court of Auditors,
   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 (C5-0583/2003) (3),
   having regard to the Council recommendation of 9 March 2004 (C5-0145/2004),
   having regard to Articles 274, 275 and 276 of the EC Treaty and Articles 179a and 180b of the Euratom Treaty,
   having regard to Article 3 of Council Decision 2003/76/EC of 1 February 2003 establishing the measures necessary for the implementation of the Protocol, annexed to the Treaty establishing the European Community, on the financial consequences of the expiry of the ECSC Treaty and on the Research Fund for Coal and Steel (4),
   having regard to Annex 1(3) to Decision 2002/234/ECSC of the Representatives of the Governments of the Member States, meeting within the Council, of 27 February 2002 on the financial consequences of the expiry of the ECSC Treaty and on the research fund for coal and steel (5),
   having regard to the Financial Regulation of 21 December 1977, and in particular Article 89 thereof, and to the Financial Regulation of 25 June 2002 (6), in particular Articles 145 to 147 thereof,
   having regard to Article 93 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 (A5-0200/2004),

               A.

               Whereas under Article 274 of the EC Treaty, the Commission implements the budget on its own responsibility, taking account of the principle of sound financial management,

               1.

               Grants discharge to the Commission in respect of the implementation of the general budget of the European Union for the 2002 financial year;

               2.

               Records its comments in the accompanying resolution;

               3.

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

            The Secretary-General

         Julian PRIESTLEY

            The President

         Pat COX

      (1)  OJ C 316, 29.12.2003, p.1.

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

      (3)  OJ C 286, 28.11.2003, p. 12.

      (4)  OJ L 29, 5.2.2003, p. 22.

      (5)  OJ L 79, 22.3.2002, p. 42.

      (6)  OJ L 248, 16.9.2002, p. 1.


title: 2010/293/: Commission Decision of 20 May 2010 on the conclusion of an Implementing Arrangement between the European Commission and the Government of the United States of America for cooperative activities in the field of homeland/civil security research

text:
               21.5.2010

               EN

               Official Journal of the European Union

               L 125/53

         COMMISSION DECISION
   of 20 May 2010
   on the conclusion of an Implementing Arrangement between the European Commission and the Government of the United States of America for cooperative activities in the field of homeland/civil security research
   (2010/293/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America (1), and in particular the second paragraph of Article 5(b) thereof,
   Whereas:

               (1)

               The Agreement for scientific and technological cooperation between the European Community and the Government of the United States of America (‘the Agreement’) was approved by Council Decision 98/591/EC (2), and entered into force on 14 October 1998. It is renewable for periods of five years (3), and was extended and amended on 14 October 2008 (4).

               (2)

               Transatlantic cooperation in the field of homeland/civil security research is desirable and of mutual benefit.

               (3)

               The consensus view emerging from exploratory discussions was that an Implementing Arrangement would constitute a mechanism for simplifying joint technical and scientific activity.

               (4)

               An Implementing Arrangement to cover cooperative activities in the interdisciplinary field of homeland/civil security research (‘the Implementing Arrangement’) has been successfully established between the Commission and the Government of the United States of America.

               (5)

               The Implementing Arrangement has no direct financial implications. Joint projects will compete for funding through normal RTD and support measures in the relevant research programmes of the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (5). In accordance with the Agreement, European Union funding will be limited to the European partners.

               (6)

               The Implementing Arrangement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Implementing Arrangement between the European Commission and the Government of the United States of America for cooperative activities in the field of homeland/civil security research is approved.
   The text of the Implementing Arrangement is attached to this Decision.
   Article 2
   The Commissioner responsible for DG Enterprise and Industry is authorised to sign the Implementing Arrangement on behalf of the Commission.
   Article 3
   This Decision shall enter into force on the first day following its publication in the Official Journal of the European Union.

      Done at Brussels, 20 May 2010.

            For the Commission, On behalf of the President,

         Antonio TAJANI

            Vice-President

      (1)  OJ L 284, 22.10.1998, p. 37.

      (2)  OJ L 284, 22.10.1998, p. 35.

      (3)  OJ L 335, 11.11.2004, p. 7.

      (4)  Through an exchange of Notes Verbale between the Council of the EU, dated 15 May 2009 (reference No SGS9/06298) and the Government of the United States, Department of State, dated 6 July 2009.

      (5)  OJ L 412, 30.12.2006, p. 1.
    ---documentbreak---

               21.5.2010

               EN

               Official Journal of the European Union

               L 125/54

         IMPLEMENTING ARRANGEMENT
   between the European Commission and the Government of the United States of America for cooperative activities in the field of homeland/civil security research
   In accordance with the Agreement for Scientific and Technological Cooperation between the Government of the United States of America and the European Community, signed in Washington on 5 December 1997, as extended and amended (through an exchange of Notes Verbale between the Council of the EU, dated 15 May 2009 and the Government of the United States, Department of State, dated 6 July 2009), hereinafter referred to as ‘the Agreement’, an Implementing Arrangement to cover cooperative activities in the interdisciplinary field of homeland/civil security research is hereby established between the European Commission (EC) and the United States of America (US), hereinafter referred to as ‘the Sides’. Cooperative activities are to take place under the terms of the Agreement. The purpose of this Implementing Arrangement is to encourage, develop and facilitate such activities between the Sides, conducted on the basis of mutual benefit gained from an overall balance of advantages, reciprocal opportunities to engage in cooperative activities, and equitable and fair treatment. This Implementing Arrangement is not intended to create obligations binding under law.
   1.   Cooperative activities

   The Sides may undertake and facilitate cooperative activities in all areas of science and technology related to the field of homeland/civil security, as set out in the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), Theme 10 ‘Security’ (and relevant follow-up programmes) on the one hand, and the priorities of the Department of Homeland Security on the other hand.
   Cooperative activities may in particular include the following areas of homeland/civil security research:

               1.1.

               security of citizens (e.g. protection from natural and man-made threats, prevention of illicit drugs production), including the management of crisis and emergency situations;

               1.2.

               security and resilience of critical infrastructures, key resources, agriculture, utilities, communications, and financial services;

               1.3.

               interaction of security and society, including the human-technology interface, behavioural research, privacy concerns, and biometrics;

               1.4.

               security of border controls and crossings, including land and coastal borders;

               1.5.

               optimisation of existing technologies, and their inter-operability;

               1.6.

               development of end-user technologies and equipment to fill existing gaps and meet requirements, such as those for civil protection and first responders;

               1.7.

               development and exchange of relevant requirements, standards, vulnerability assessments, interdependency analyses, certifications, best practices, guidelines, training programmes, test reports, data, software, equipment, and personnel.

         2.   Nature of cooperative activities

               2.1.

               Cooperative activities may include but are not limited to:

                           2.1.1.

                           Provision of comparable opportunities for entities from the European Union and from the United States of America to participate in the areas referred to in item 1;

                           2.1.2.

                           Timely exchange of relevant information including on forthcoming calls for grants or proposals, or on announcements of the opportunities referred to in item 2.1.1;

                           2.1.3.

                           Activities to promote, within the Sides ‘respective research communities, the opportunities provided by this Implementing Arrangement, e.g. through regular attendance at the Sides’ programme reviews, the United States calls for grants and broad agency announcements and the European Union calls for proposals;

                           2.1.4.

                           Comparable access to laboratory facilities and Equipment and Material, for conducting scientific and technological activities including research, development, testing and evaluation, standardisation and certification;

                           2.1.5.

                           Support for joint research, content development and access proposals, supplements to existing grants, contracts and agreements, and funding of cooperative thematic activities for mutual benefit and added value.

         3.   Coordination

               3.1.

               The US and the EC intend to cooperate closely to coordinate joint activities. Therefore, each Side should have two representatives that are assigned to coordinate activities (the ‘Steering Group’). The representatives may meet whenever necessary, in general once a year. Generally, meetings are expected to alternate between sites in the European Union and in the United States of America, with the hosting Side providing organisational and administrative support.

               3.2.

               As necessary, each Side may designate additional participants to attend such meetings. Meetings should be co-chaired by the Under Secretary for Science and Technology, Department of Homeland Security, and the Director responsible for Security Research in the EC. No formal status is assigned to this Steering Group.

               3.3.

               The Steering Group is to oversee and stimulate cooperative activities under this Implementing Arrangement. It should exchange information on practices, laws, regulations and programmes relevant to cooperation under this Implementing Arrangement. It should plan and identify objectives and opportunities for each upcoming year, propose ad hoc activities, and review activities and participation levels and similar efforts in each Side’s programmes under this Implementing Arrangement. It should issue a periodic progress report on the cooperation.

         4.   Funding

               4.1.

               Cooperative activities under this Implementing Arrangement shall be subject to the availability of appropriated funds and to the applicable laws and regulations, policies and programmes of each Side, and to the terms of the Agreement and this Implementing Arrangement. This Implementing Arrangement creates no financial obligations.

               4.2.

               Each Side shall bear the costs of participation in meetings of the Steering Group. However, costs other than those for travel and accommodation, which are directly associated with meetings of the Steering Group, are borne by the Side hosting the meeting, unless otherwise agreed.

               4.3.

               Each Side is responsible for any audit of its actions in support of cooperative activities, including the activities of any of its participants. Each Side’s audits should be in accordance with its own applicable practices.

         5.   Intellectual property

   The allocation and protection of intellectual property rights shall be in accordance with the provisions of the Annex to the Agreement.
   6.   Classified information and Equipment and Material

               6.1.

               Classified information exchanged between or generated by the Sides shall be marked, handled and protected in accordance with the Agreement between the European Union and the Government of the United States of America on the Security of Classified Information of 30 April 2007 and its implementing arrangement, the Security Arrangement between the EU Council General Secretariat Security Office (GSCSO) and the European Commission Security Directorate (ECSD) and the United States Department of State for the protection of classified information exchanged between the EU and the US.

               6.2.

               The Sides shall each designate a Security Authority as the single point of contact and authority responsible for the development procedures governing the security of classified information covered by this Implementing Arrangement.

               6.3.

               Information and Equipment and Material provided or generated pursuant to this Implementing Arrangement is limited to SECRET in the US or SECRET UE/EU SECRET in the EU.

         7.   Unauthorised disclosure of information

               7.1.

               US ‘Controlled Unclassified Information’ and EU sensitive non-classified information is information or preliminary or pre-decisional data, as applicable, that is not deemed to be classified information, but to which access or distribution limitations and handling instructions have been applied in accordance with the respective laws, regulations, policies or guidelines of the Sides.

               7.2.

               Where applicable, whether the information is provided or generated under this Implementing Arrangement, it should be marked to identify its sensitive character in accordance with the respective laws, regulations, policies or guidelines of the Sides.

               7.3.

               For the US, ‘Controlled Unclassified Information’ includes, but is not limited to, information marked ‘Sensitive Security Information’, ‘For Official Use Only’, ‘Law Enforcement Sensitive Information’, ‘Protected Critical Infrastructure Information’, Sensitive But Unclassified (SBU), and may include Business Confidential Information. For the European Commission, sensitive non-classified information is information that has a marking formally approved by the European Commission’s Security Directorate.

               7.4.

               US ‘Controlled Unclassified Information’ and EU sensitive non-classified information provided under this Implementing Arrangement shall:

                           7.4.1.

                           be appropriately marked in order to highlight its sensitivity,

                           7.4.2.

                           not be used for purposes other than as described in this Implementing Arrangement, and

                           7.4.3.

                           not be released to third parties without the prior consent of the Side sending the information or the originator.

               7.5.

               The Sides shall, in accordance with their respective laws and regulations, take all necessary measures at their disposal to protect unclassified information requiring access and distribution limitations from unauthorised disclosure.

               7.6.

               Detailed security arrangements for the marking, storage, handling and protection of controlled unclassified information may be established by the Sides.

         8.   Dispute resolution

               8.1.

               Disputes concerning Intellectual Property shall be resolved as provided for in the Annex to the Agreement.

               8.2.

               Except for disputes concerning Intellectual Property, all questions or disputes arising under or relating to this Implementing Arrangement shall be settled by mutual agreement between the Sides, consistent with the terms of the Agreement, including Article 12.

         9.   Duration

   This Implementing Arrangement may commence upon signature by both Sides. It remains operative for as long as the Agreement remains in force or until a Side discontinues its participation in this Arrangement. If a Side intends to discontinue its participation in this Arrangement, it should endeavour to provide 90 days’ advance notice of its intent to the other Side. Protection of classified information and prevention of any unauthorised disclosure of information is intended to continue in accordance with the terms of the Agreement and the 2007 Agreement on the Security of Classified Information, notwithstanding the discontinuation or expiry of this Implementing Arrangement or the Agreement. This Implementing Arrangement may be modified or extended by written concurrence of both Sides.

      Signed at …, this day of …, 2010.

         FOR THE GOVERNMENT OF THE UNITED STATES OF AMERICA

         FOR THE EUROPEAN COMMISSION ON BEHALF OF THE EUROPEAN UNION


title: 2005/87/EC: Commission Decision of 2 February 2005 authorising Sweden to make use of the system established by Title I of Regulation (EC) No 1760/2000 of the European Parliament and of the Council to replace surveys of bovine livestock (notified under document number C(2005) 194) (Text with EEA relevance)

text:
               3.2.2005

               EN

               Official Journal of the European Union

               L 30/20

      COMMISSION DECISION

   of 2 February 2005
   authorising Sweden to make use of the system established by Title I of Regulation (EC) No 1760/2000 of the European Parliament and of the Council to replace surveys of bovine livestock
   (notified under document number C(2005) 194)
   (Only the Swedish text is authentic)
   (Text with EEA relevance)
   (2005/87/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 93/24/EEC of 1 June 1993 on the statistical surveys to be carried out on bovine animal production (1), and in particular Article 1(2) and (3) thereof,
   Whereas:

               (1)

               Title I of Regulation (EC) No 1760/2000 of the European Parliament and of the Council (2) establishes a system for the identification and registration of bovine animals.

               (2)

               Commission Decision 1999/693/EC (3) recognises the fully operational character of the Swedish database for bovine animals.

               (3)

               Pursuant to Directive 93/24/EEC the Member States may, at their request, be authorised to use administrative statistical sources instead of surveys of the bovine population on condition that they satisfy the obligations arising out of the said Directive.

               (4)

               In support of its request of 29 October 2003, Sweden has submitted technical documentation on the structure and on the updating of the database referred to in Title I of Regulation (EC) No 1760/2000 and on the methods of calculating the statistical data.

               (5)

               In particular, Sweden proposed the calculation methods to obtain the statistical data for the categories, referred to in Article 3(1) of Directive 93/24/EEC, which are not directly available in the database referred to in Title I of Regulation (EC) No 1760/2000. Sweden should take all the appropriate measures to ensure that these calculation methods ensure the precision of the statistical data.

               (6)

               Following examination of the request based on the technical documentation provided by the Swedish authorities, the request should be met.

               (7)

               This Decision is in compliance with the opinion of the Standing Committee on Agricultural Statistics, set up by Council Decision 72/279/EEC (4),

         HAS ADOPTED THIS DECISION:
   Article 1
   Sweden is authorised to replace the surveys of bovine animals provided for by Directive 93/24/EEC by using the system for the identification and registration of bovine animals as referred to in Title I of Regulation (EC) No 1760/2000 to obtain all the statistical data required to comply with the obligations arising out of the said Directive.
   Article 2
   When the system referred to in Article 1 ceases to be operational or its contents no longer make it possible to obtain reliable statistical information regarding all or certain categories of bovine animals, Sweden shall return to a statistical survey system for the purpose of estimating the cattle population or the categories concerned.
   Article 3
   This Decision is addressed to the Kingdom of Sweden.

      Done at Brussels, 2 February 2005.

            For the Commission

         Joaquín ALMUNIA

            Member of the Commission

      (1)  OJ L 149, 21.6.1993, p. 5. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

      (2)  OJ L 204, 11.8.2000, p. 1. Regulation as last amended by the 2003 Act of Accession.

      (3)  OJ L 273, 23.10.1999, p. 14.

      (4)  OJ L 179, 7.8.1972, p. 1.


title: 2009/97/EC: Council Decision of 24 July 2008 on the signing and provisional application of a Memorandum of Cooperation between the International Civil Aviation Organisation and the European Community regarding security audits/inspections and related matters

text:
               5.2.2009

               EN

               Official Journal of the European Union

               L 36/18

      COUNCIL DECISION

   of 24 July 2008
   on the signing and provisional application of a Memorandum of Cooperation between the International Civil Aviation Organisation and the European Community regarding security audits/inspections and related matters
   (2009/97/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 80(2), in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Council authorised the Commission on 30 November 2007 to open negotiations on an agreement regarding aviation security audits/inspections and related matters between the European Community and the International Civil Aviation Organisation (ICAO).

               (2)

               On behalf of the Community, the Commission has negotiated a Memorandum of Cooperation with ICAO regarding security audits/inspections and related matters in accordance with the directives set out in Annex I, and the ad hoc procedure set out in Annex II, of the Council Decision authorising the Commission to open negotiations.

               (3)

               Subject to its possible conclusion at a later date, the Memorandum should be signed and provisionally applied,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signing of the Memorandum of Cooperation between the International Civil Aviation Organisation and the European Community regarding security audits/inspections and related matters is hereby approved on behalf of the Community, subject to the Council Decision concerning the conclusion of the said Memorandum.
   The text of the Memorandum is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Memorandum on behalf of the Community subject to its conclusion.
   Article 3
   Subject to reciprocity, the Memorandum shall be applied on a provisional basis as from the signature thereof, pending the completion of the procedures for its formal conclusion.

      Done at Brussels, 24 July 2008.

            For the Council

            The President

         B. HORTEFEUX

         MEMORANDUM OF COOPERATION

      between the European Communuty and the International Civil Aviation Organisation regarding security audits/inspections and related matters
      THE INTERNATIONAL CIVIL AVIATION ORGANISATION (ICAO),
      and
      THE EUROPEAN COMMUNITY (EC),
      hereinafter referred to as ‘the Parties’,
      RECALLING the Convention on International Civil Aviation signed at Chicago on 7 December 1944 (hereinafter referred to as the Chicago Convention) and in particular Annex 17 thereto (hereinafter referred to as Annex 17),
      BEARING IN MIND ICAO Assembly Resolution A35-9, which directed the Secretary General to continue the ICAO Universal Security Audit Programme (USAP), comprising regular, mandatory, systematic and harmonised security audits of all Contracting States to the Chicago Convention (hereinafter referred to as the Contracting States),
      RECALLING Regulation (EC) No 2320/2002 of the European Parliament and of the Council of 16 December 2002 establishing common rules in the field of civil aviation security (1), (hereinafter referred to as Regulation (EC) No 2320/2002), and Regulation (EC) No 300/2008 of the European Parliament and of the Council of 11 March 2008 on common rules in the field of civil aviation security and repealing Regulation (EC) No 2320/2002 (2), (hereinafter referred to as Regulation (EC) No 300/2008) which will replace Regulation (EC) No 2320/2002 upon the adoption of the necessary implementing measures,
      NOTING Commission Regulation (EC) No 1486/2003 of 22 August 2003 laying down procedures for conducting Commission inspections in the field of civil aviation security (3), and in particular Article 16 thereof establishing that the European Commission shall take into consideration the planned or recently undertaken security audits of intergovernmental organisations in order to ensure the overall effectiveness of the various security inspection and audit activities,
      TAKING INTO ACCOUNT the application of relevant Community law, in particular Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to Parliament, Council and Commission documents (4); and Commission Decision 2001/844/EC, ECSC, Euratom of 29 November 2001 amending its internal Rules of Procedure, (hereinafter referred to as Decision 2001/844/EC, ECSC, Euratom), in particular sections 10 and 26 thereof, and its amendments (5),
      BEARING IN MIND the fact that most standards contained in Annex 17 are also covered by Regulation 2320/2002 and that the European Commission conducts inspections in Member States of the European Union (hereinafter referred to as the EU) to monitor the application of this Regulation,
      CONSIDERING that the primary objectives of the ICAO audit programme and the European Commission’s inspection programme are to enhance aviation security by evaluating the implementation of respective standards, identifying deficiencies, if any, and ensuring the rectification of deficiencies, where necessary,
      CONSIDERING that it is desirable to establish mutual cooperation in the area of aviation security audits/inspections and related matters in a manner ensuring better use of limited resources and avoiding duplication of efforts, while preserving the universality and integrity of the ICAO USAP programme,
      CONSIDERING that the European Commission has enforcement powers to ensure the implementation of Community legislation on civil aviation security,
      CONSIDERING that the Council of ICAO during its 176th Session directed that, wherever possible, ICAO aviation security audits should be focussed on a State’s capability to provide appropriate national oversight; and further requested the Secretary General to explore cooperative arrangements and the most effective use of resources in regions where mandatory regional governmental audit programmes exist,
      1.   General provisions
      1.1.   Those Standards contained in Annex 17 that are not covered by EC legislation shall fall outside the scope of this Memorandum of Cooperation.
      1.2.   Regarding Standards contained in Annex 17 which are covered by EC legislation, ICAO shall assess the European Commission inspections of the national appropriate authorities of EU Member States in order to verify compliance with these Standards in accordance with paragraph 3 of this Memorandum of Cooperation, of Contracting States bound by Community legislation on civil aviation security.
      1.3.   The implementation of ICAO assessments in the European Community shall be discussed at the request of one of the Parties, but at least once a year.
      1.4.   ICAO auditors may occasionally join the European Commission inspections of EU airports as observers, after an explicit agreement of the EU Member State concerned has been received by the European Commission.
      2.   Information to be provided to ICAO on European Commission inspections in the European Community
      2.1.   In accordance with Decision 2001/844/EC, ECSC, Euratom, the following EU classified information at level of ‘RESTREINT UE’ shall be provided to ICAO authorised personnel:

                  A.

                  Common rules and standards in the field of aviation security, adopted in accordance with Article 4(2) of Regulation (EC) No 2320/2002 or Article 4 of Regulation (EC) No 300/2008; and

                  B.

                  As regards European Commission inspections of appropriate authorities of the EU Member States:

                              (a)

                              general information on the planning of European Commission inspections including the schedule of inspections of national appropriate authorities, and any amendment thereof or changes thereto, as soon as they become available;

                              (b)

                              the status of inspection activities of both national appropriate authorities and airports, dates of issuance of the final inspection reports and dates of reception of the action plans from the State concerned;

                              (c)

                              the European Commission inspection methodology;

                              (d)

                              the report of the inspection of the national appropriate authorities together with the action plan received from the State concerned on the inspection of the national appropriate authority, specifying actions and deadlines to remedy any identified deficiencies; and

                              (e)

                              follow-up actions taken by the European Commission on the inspection of the national appropriate authority.

            2.2.   ICAO shall restrict access to EU classified information provided by the European Commission in the context of this cooperation to authorised personnel on a need to know basis only. The authorised personnel shall not disclose this information to any third party. ICAO shall implement any necessary legal and internal mechanisms to protect the confidentiality of the information provided by the European Commission.
      2.3.   The European Commission and ICAO shall agree on further procedures for the protection of classified information provided by the European Commission pursuant to this Memorandum of Cooperation. Such procedures shall include the possibility for the European Commission to verify which protection measures have been put in place by ICAO.
      3.   ICAO assessments of the European Commission aviation security inspection system
      3.1.   ICAO assessments of the European Commission aviation security inspection system shall consist of an analysis of European Commission requirements and information provided under paragraph 2. Where necessary, ICAO shall visit the European Commission, Directorate-General for Energy and Transport, at its Headquarters in Brussels, Belgium.
      3.2.   Specific terms of reference and practical arrangements for ICAO assessments of the European Commission aviation security inspection system shall be agreed upon through an Exchange of Letters between ICAO and the European Commission.
      4.   Dispute Resolution
      4.1.   Any difference or dispute concerning the interpretation or the application of this Memorandum of Cooperation shall be resolved by negotiation between the Parties.
      4.2.   Nothing in or relating to this Memorandum of Cooperation shall be deemed a waiver of any of the privileges and immunities of the Parties.
      5.   Other agreements
      5.1.   This Memorandum of Cooperation does not supersede or prejudge other forms of cooperation between the Parties.
      6.   Revision — Entry into force
      6.1.   The parties shall review the implementation of this Memorandum of Cooperation at the end of the current phase of the USAP programme, and earlier, if felt necessary by either of the Parties.
      6.2.   Pending its entry into force, this Memorandum of Cooperation shall be applied provisionally from the date of signature.
      6.3.   This Memorandum of Cooperation shall enter into force on the first day of the second month following the last of the two notifications through which the Parties inform each other of the termination of their respective internal procedures.

         Done at Montreal on the seventeenth day of September in the year two thousand and eight, in duplicate, in the English language.

               For the European Community

            Patrick GANDIL

            Eckard SEEBOHM

               For the International Civil Aviation Organisation

            Roberto KOBEH GONZÁLEZ

         (1)  OJ L 355, 30.12.2002, p. 1.

         (2)  OJ L 97, 9.4.2008, p. 72.

         (3)  OJ L 213, 23.8.2003, p. 3.

         (4)  OJ L 145, 31.5.2001, p. 43.

         (5)  Decisions 2005/94/EC, Euratom, 2006/70/EC, Euratom and 2006/548/EC, Euratom.


Avis juridique important

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41993D0382

93/382/ECSC, EEC, Euratom: Decision of the Representatives of the Governments of the Member States of the European Communities of 30 June 1993 appointing Vice-Presidents of the Commission of the European Communities

Official Journal L 164 , 07/07/1993 P. 0011 - 0011 Finnish special edition: Chapter 1 Volume 3 P. 0028  Swedish special edition: Chapter 1 Volume 3 P. 0028

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES of 30 June 1993 appointing vice-presidents of the Commission of the European Communities(93/382/Euratom, ECSC, EEC)THE REPRESENTATIVES OF  THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities, and in particular Article 14 thereof,  Having regard to the Decision of the Representatives of the Governments of the Member States of the European Communities of 21 December 1992 appointing members of the Commission of the European Communities (1),  Whereas Article 14 of the above Treaty will be repealed upon entry into force of the Treaty on European Union signed in Maastricht on 7 February 1992 and the new Article 11 of the Treaty established the European Coal and Steel Community, the new Article  161 of the Treaty establishing the European Community and the new Article 130 of the Treaty establishing the European Atomic Energy Community, enabling the Commission to appoint one or two vice-presidents from among its members, will apply;  Whereas the persons designated by this Decision should be appointed vice-presidents of the Commission as from 1 July 1993 until the entry into force of the Treaty on European Union or until 5 January 1995 at the latest,  HAVE DECIDED AS FOLLOWS:  Sole Article  The following are hereby appointed vice-presidents of the Commission of the European Communities as from 1 July 1993 until the entry into force of the Treaty on European Union signed in Maastricht on 7 February 1992 or until 5 January 1995  at the latest:  - Dr Martin BANGEMANN,  - The Right Honourable Sir Leon BRITTAN QC,  - Mr Henning CHRISTOPHERSEN,  - Mr Manuel MARÍN GONZÁLEZ,  - Professor Antonio RUBERTI,  - Mr Karel VAN MIERT.  Done at Brussels, 30 June 1993.  The president G. RIBERHOLDT (1) OJ No L 2, 6. 1. 1993, p. 5.


Avis juridique important

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32003D0211

2003/211/CFSP: Council Decision 2003/211/CFSP of 24 February 2003 concerning the conclusion of the Agreement between the European Union and the North Atlantic Treaty Organisation on the Security of Information

Official Journal L 080 , 27/03/2003 P. 0035 - 0035

Council Decision 2003/211/CFSPof 24 February 2003concerning the conclusion of the Agreement between the European Union and the North Atlantic Treaty Organisation on the Security of InformationTHE 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) An Interim Security Arrangement between the General Secretariat of the Council and the North Atlantic Treaty Organisation was concluded through an Exchange of Letters between their respective Secretaries-General on 26 July 2000.(2) The European Council in Barcelona stressed the importance of achieving permanent arrangements between the European Union and NATO at the earliest possible date. To this end it also asked the Presidency together with the High Representative to make appropriate high-level contacts to ensure a positive outcome. Among the arrangements in question was an agreement on the security of information.(3) As a result of the entry into force of their respective security regulations on 1 December 2001, the Council and the Commission are in a position to comply fully with the obligations deriving from the implementation of such agreement.(4) Following the Council Decision of 15 April 2002 authorising the Presidency to begin negotiations with NATO, the Presidency, assisted by the Secretary-General/High Representative, negotiated an Agreement on the security of information.(5) That Agreement should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement between the European Union and the North Atlantic Treaty Organisation on the Security of Information is hereby approved on behalf of the European Union.The text of the Agreement is attached to this Decision.Article 2The President of the Council is hereby empowered to sign the Agreement in order to bind the European Union.Article 3This Decision shall take effect on the day of its adoption.Article 4This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 24 February 2003.For the CouncilThe PresidentG. Papandreou


title: 2010/777/EU: Commission Decision of 15 December 2010 amending Council Directive 2008/90/EC to extend the derogation relating to import conditions for fruit plant propagating material and fruit plants intended for fruit production from third countries (notified under document C(2010) 8992)

text:
               16.12.2010

               EN

               Official Journal of the European Union

               L 332/40

         COMMISSION DECISION
   of 15 December 2010
   amending Council Directive 2008/90/EC to extend the derogation relating to import conditions for fruit plant propagating material and fruit plants intended for fruit production from third countries
   (notified under document C(2010) 8992)
   (2010/777/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Directive 2008/90/EC of 29 September 2008 on the marketing of fruit plant propagating material and fruit plants intended for fruit production (1), and in particular the second subparagraph of Article 12(2) thereof,
   Whereas:

               (1)

               The Commission is required pursuant to Article 12(1) of Directive 2008/90/EC to decide whether fruit plant propagating material and fruit plants produced in a third country and affording the same guarantees as regards obligations on the supplier, identity, characteristics, plant health, growing medium, packaging, inspection arrangements, marking and sealing are equivalent in all these respects to fruit plant propagating material and fruit plants produced in Union and complying with the requirements and conditions of that Directive.

               (2)

               However, the information presently available on the conditions applying in third countries is still not sufficient to enable the Commission to adopt any such decision in respect of any third country at this stage.

               (3)

               In order to prevent trade patterns from being disrupted, Member States importing fruit plant propagating material and fruit plants from third countries should continue to be allowed to apply conditions equivalent to those applicable to similar Union products in accordance with Article 12(2) of Directive 2008/90/EC.

               (4)

               It is appropriate to allow the application of such conditions for a period that is consistent with the transitional period referred to in Article 21 of Directive 2008/90/EC.

               (5)

               The period of application of the derogation provided for in Directive 2008/90/EC for such imports should consequently be extended until 31 December 2018.

               (6)

               Directive 2008/90/EC should therefore be amended accordingly.

               (7)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on Propagating Material and Plants of Fruit Genera and Species,

         HAS ADOPTED THIS DECISION:
   Article 1
   In the first subparagraph of Article 12(2) of Directive 2008/90/EC, the date ‘31 December 2010’ is replaced by ‘31 December 2018’.
   Article2
   This Decision is addressed to the Member States.

      Done at Brussels, 15 December 2010.

            For the Commission

         John DALLI

            Member of the Commission

      (1)  OJ L 267, 8.10.2008, p. 8.


title: 2007/789/EC: Commission Decision of 4 December 2007 suspending the definitive anti-dumping duty imposed by Regulation (EC) No 1420/2007 on imports of silico-manganese originating in the People’s Republic of China and Kazakhstan

text:
               5.12.2007

               EN

               Official Journal of the European Union

               L 317/79

      COMMISSION DECISION

   of 4 December 2007
   suspending the definitive anti-dumping duty imposed by Regulation (EC) No 1420/2007 on imports of silico-manganese originating in the People’s Republic of China and Kazakhstan
   (2007/789/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community (1) (the basic Regulation), and in particular Article 14(4) thereof,
   After consulting the Advisory Committee,
   Whereas:
   A.   PROCEDURE

               (1)

               The Council, by Regulation (EC) No 1420/2007 (2), imposed a definitive anti-dumping duty on imports of silico-manganese (including ferro-silico-manganese) (SiMn) originating in the People’s Republic of China (PRC) and Kazakhstan, falling within CN codes 7202 30 00 and ex 8111 00 11 (TARIC code 8111001110) (the product concerned). The rate of the anti-dumping duty is 8,2 % and 6,5 % for the product originating in the PRC and Kazakhstan respectively.

               (2)

               Information on a change of market conditions, which occurred after the original investigation period, indicated in Regulation (EC) No 1420/2007, and which might justify the suspension of the measures imposed, in accordance with Article 14(4) of the basic Regulation, was obtained by the Commission. Consequently, the Commission examined whether such suspension was warranted.

         B.   GROUNDS

               (3)

               Article 14(4) of the basic Regulation provides that, in the Community interest, anti-dumping measures may be suspended on the grounds that market conditions have temporarily changed to an extent that injury would be unlikely to resume as a result of such suspension, provided that the Community industry has been given an opportunity to comment and these comments have been taken into account. Article 14(4) further specifies that the anti-dumping measures concerned may be reinstated at any time if the reason for suspension is no longer applicable.

               (4)

               Since the original investigation period, an increase in world prices for SiMn was observed, indicating a change of the market situation and conditions. In view of this, the Commission has carried out a further investigation to assess the recent evolution of volumes and prices of the product concerned for the period between 1 July 2006 and 30 September 2007 and their impact on the injury suffered by the Community industry as well as the overall Community interest.

               (5)

               On the basis of the information gathered, it was established that market prices of SiMn on the Community market have increased after the original investigation period until the third quarter of year 2007 by around 69 %, i.e. from an average EUR 622/MT in the third quarter of year 2006 to an average EUR 1 051/MT in the third quarter of year 2007. In particular, a significant increase of around 42 % was to be observed between the second and the third quarter of year 2007. These trends can also be found in other major markets across the world as well as for imports of SiMn into the Community.

               (6)

               SiMn is a key raw material used for the production of steel. The price increase described above can be attributed to the temporary supply shortages combined with a higher demand for SiMn due to increased demand for steel worldwide. Evidence from previous sudden price increases such as the one that occurred in year 2004 shows that such demand-supply imbalances in this market are of temporary nature. Prices tend to return to their long-term levels once the spare capacities for SiMn are fully utilised.

               (7)

               Between the original investigation period and the period from 1 October 2006 to 30 September 2007 the market share of imports of SiMn originating in the PRC and Kazakhstan decreased by 0,6 percentage points to 9,8 % of the overall Community consumption. EC consumption has increased by 20 %.

               (8)

               With regard to the Community industry, it is to be noted that since the original investigation period, the situation of the Community industry has improved. Between the original investigation period and the period from 1 October 2006 to 30 September 2007, the sales and production volumes have increased by 15 % and 19 % respectively. However, the market share of the Community industry decreased by 1,1 percentage points to 23,8 %. The profit situation improved significantly and the profitability of the Community industry reached 42 % in the third quarter of year 2007, thus substantially surpassing even the 5 % profit level established as appropriate by the original investigation.

               (9)

               As indicated in recitals 157 to 163 of Regulation (EC) No 1420/2007, the imposition of measures in question was expected to have some negative, although limited, effects for users in the form of cost increases arising out of the possible need to arrange new or alternative supplies. Considering the temporary change in market conditions and that consequently the Community industry is currently not suffering injury, any negative effect on users could be removed by suspending the measures. Consequently, it can be concluded that the suspension is in the overall Community interest.

               (10)

               Given the temporary change in market conditions, and in particular the high level of prices of SiMn existing on the Community market, which is far higher than the injurious price level found in the original investigation, together with the alleged demand-supply imbalance of the product concerned, it is considered that the injury linked to the imports of the product concerned originating in the PRC and Kazakhstan is unlikely to resume as a result of the suspension. It is therefore proposed to suspend for nine months the measures in force in accordance with Article 14(4) of the basic Regulation.

         C.   CONSULTATION OF COMMUNITY INDUSTRY

               (11)

               Pursuant to Article 14(4) of the basic Regulation, the Commission has informed the Community industry of its intention to suspend the anti-dumping measures in question. The Community industry has been given an opportunity to comment and did not oppose the suspension of the anti-dumping measures.

         D.   CONCLUSION

               (12)

               The Commission therefore considers that all requirements for suspending the anti-dumping duty imposed on the product concerned are met, in accordance with Article 14(4) of the basic Regulation. Consequently, the anti-dumping duty imposed by Regulation (EC) No 1420/2007 should be suspended for a period of nine months.

               (13)

               The Commission will monitor the development of imports and the prices of the product concerned. Should a situation arise at any time in which increased volumes at dumped prices of the product concerned from the PRC and Kazakhstan resume and consequently cause injury to the Community industry, the Commission will take the necessary steps to reinstate the anti-dumping duty, taking into account the substantive rules that govern an injury assessment. An interim review pursuant to Article 11(3) of the basic Regulation might be initiated, if appropriate,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The definitive anti-dumping duty imposed by Regulation (EC) No 1420/2007 on imports of silico-manganese (including ferro-silico-manganese), originating in the People’s Republic of China and Kazakhstan, falling within CN codes 7202 30 00 and ex 8111 00 11 (TARIC code 8111001110) is hereby suspended for a period of nine months.
   Article 2
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 4 December 2007.

            For the Commission

         Peter MANDELSON

            Member of the Commission

      (1)  OJ L 56, 6.3.1996, p. 1. Regulation as last amended by Regulation (EC) No 2117/2005 (OJ L 340, 23.12.2005, p. 17).

      (2)  See page 5 of this Official Journal.