title: 2013/411/EU: Council Decision of 22 July 2013 on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee concerning an amendment to Annex XIII to the EEA Agreement

text:
               1.8.2013

               EN

               Official Journal of the European Union

               L 205/8

         COUNCIL DECISION
   of 22 July 2013
   on the position to be adopted, on behalf of the European Union, in the EEA Joint Committee concerning an amendment to Annex XIII to the EEA Agreement
   (2013/411/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2), in conjunction with Article 218(9) thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Agreement on the European Economic Area (2) (‘the EEA Agreement’) entered into force on 1 January 1994.

               (2)

               Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Annex XIII thereto.

               (3)

               Annex XIII to the EEA Agreement contains specific provisions on all modes of transport.

               (4)

               Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system (3) is to be incorporated into the EEA Agreement with certain adaptations for the EEA EFTA States.

               (5)

               The adaptations for the EEA EFTA States concern the applicability of the amendments inserted by Regulation (EC) No 1070/2009 in Articles 5, 11 and 13a of Regulation (EC) No 549/2004 (4), Article 9a(2)(c), Article 9a(2)(i) and Article 9a(5) and (6) of Regulation (EC) No 550/2004 (5) and Article 6(2) of Regulation (EC) No 551/2004 (6).

               (6)

               Annex XIII to the EEA Agreement should therefore be amended accordingly.

               (7)

               The position of the Union in the EEA Joint Committee should be based on the attached draft Decision,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted, on behalf of the European Union, in the EEA Joint Committee on the proposed amendment to Annex XIII to the EEA Agreement shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 22 July 2013.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 305, 30.11.1994, p. 6.

      (2)  OJ L 1, 3.1.1994, p. 3.

      (3)  OJ L 300, 14.11.2009, p. 34.

      (4)  OJ L 96, 31.3.2004, p. 1.

      (5)  OJ L 96, 31.3.2004, p. 10.

      (6)  OJ L 96, 31.3.2004, p. 20.

      DRAFT
      DECISION OF THE EEA JOINT COMMITTEE No …/…
      of
      amending Annex XIII (Transport) to the EEA Agreement
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area (‘the EEA Agreement’), and in particular Article 98 thereof,
      Whereas:

                  (1)

                  Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 amending Regulations (EC) No 549/2004, (EC) No 550/2004, (EC) No 551/2004 and (EC) No 552/2004 in order to improve the performance and sustainability of the European aviation system (1) is to be incorporated into the EEA Agreement.

                  (2)

                  The airspace where Iceland is responsible for the provision of air traffic services is fully within the ICAO NAT region, where regional planning and regional agreements have been established, enabling FAB-like functioning, and serve the operational needs and requirements which differ from the ICAO EUR and AFI regions.

                  (3)

                  Annex XIII to the EEA Agreement should therefore be amended accordingly,

            HAS ADOPTED THIS DECISION:
      Article 1
      Annex XIII to the EEA Agreement shall be amended as follows:

                  1.

                  The text of point 66t (Regulation (EC) No 549/2004 of the European Parliament and of the Council) shall be amended as follows:

                              (i)

                              The following text is added:
                              ‘, as amended by:

                                          —

                                             32009 R 1070: Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 (OJ L 300, 14.11.2009, p. 34).’

                              (ii)

                              The text of adaptation (a) is replaced by the following:

                                          ‘(a)

                                          The following paragraphs shall be added to Article 5:
                                          ‘6.   The EFTA States shall participate fully in the committee established pursuant to paragraph 1, except for the right to vote.
                                          7.   The EFTA Surveillance Authority shall have observer status in the Single Sky Committee.’ ’

                              (iii)

                              Adaptation (b) is renumbered as adaptation (h).

                              (iv)

                              The following adaptations are inserted:

                                          ‘(b)

                                          In Article 11, the words ‘Community-wide’ shall read ‘regional or national’ with regard to Iceland.

                                          (c)

                                          With regard to Iceland, Article 11 shall apply as of 1 January 2015.

                                          (d)

                                          The first sentence of Article 11(2) shall read as follows:
                                          ‘The Standing Committee of the EFTA States may designate Eurocontrol or another impartial and competent body to act as a ‘performance review body’. If the Commission has designated a performance review body, the Standing Committee of the EFTA States shall endeavour to designate the same entity under similar conditions to fulfil the same tasks in regard to the EFTA States.’

                                          (e)

                                          In Article 11(3)(c) the following paragraph shall be added:
                                          ‘If a functional airspace block covers the airspace of one or more EU Member States and one or more EFTA States, the tasks and powers set out in this point shall be carried out and exercised by the Commission with regard to the EU Member States and by the EFTA Surveillance Authority with regard to the EFTA States. The Commission and the EFTA Surveillance Authority shall in this regard cooperate with a view to adopting identical positions.’

                                          (f)

                                          In Article 11(3)(e) the following paragraph shall be added:
                                          ‘If the assessment concerns performance targets, which relate to one or more EU Member States and one or more EFTA States, the assessment shall be carried out by the EFTA Surveillance Authority with regard to the EFTA States and by the Commission with regard to the EU Member States. The Commission and the EFTA Surveillance Authority shall cooperate with a view to presenting jointly the results to the Single Sky Committee.’

                                          (g)

                                          In Article 13a, with regards to the EFTA States, ‘Member States and the Commission’ shall read ‘the EFTA States and the EFTA Surveillance Authority’.’

                  2.

                  The text of point 66u (Regulation (EC) No 550/2004 of the European Parliament and of the Council) shall be amended as follows:

                              (i)

                              The following text is added:
                              ‘, as amended by:

                                          —

                                             32009 R 1070: Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 (OJ L 300, 14.11.2009, p. 34).’

                              (ii)

                              Adaptations (a), (b), (c) and (d) are renumbered as adaptations (d), (e), (f) and (g).

                              (iii)

                              The following adaptations are inserted:

                                          ‘(a)

                                          With regard to Iceland Article 9a(2)(c) shall read as follows:
                                          ‘ensure consistency with the European route network established in accordance with Article 6 of the airspace Regulation or the route network established in the ICAO NAT region;’

                                          (b)

                                          With regard to Iceland Article 9a(2)(i) shall read as follows:
                                          ‘facilitate consistency with regional or national performance targets.’

                                          (c)

                                          In Article 9a(6) the following paragraph shall be added:
                                          ‘The Commission and the EFTA Surveillance Authority shall assess the fulfilment of the requirements set out in paragraph 2 by functional airspace blocks involving one or more EU Member States and one or more EFTA States, and shall cooperate with a view to presenting a joint result to the Single Sky Committee for discussion. If the Commission and the EFTA Surveillance Authority find that an airspace block does not fulfil the requirements they shall engage in a dialogue with the concerned EU Member States and the concerned EFTA States respectively with the aim of reaching a consensus on the measures necessary to rectify the situation.’ ’

                  3.

                  The text of point 66v (Regulation (EC) No 551/2004 of the European Parliament and of the Council) shall be amended as follows:

                              (i)

                              The following text is added:
                              ‘, as amended by:

                                          —

                                             32009 R 1070: Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 (OJ L 300, 14.11.2009, p. 34).’

                              (ii)

                              The texts of adaptations (a) and (b) are deleted.

                              (iii)

                              Adaptation (c) is renumbered as adaptation (d).

                              (iv)

                              The following adaptations are inserted:

                                          ‘(a)

                                          In Article 6(2), the word ‘Commission’ shall, with regard to the EFTA States, be replaced by the words ‘Standing Committee of the EFTA States’.

                                          (b)

                                          In Article 6(2)(b) third subparagraph, the words ‘after consultation of the Single Sky Committee and’ shall, with regard to the EFTA States, not apply.

                                          (c)

                                          In Article 6(2)(b) third subparagraph, the following shall be added:
                                          ‘If the Commission has nominated a Network Manager, the Standing Committee of the EFTA States shall endeavour to designate the same entity under similar conditions to fulfil the same tasks in regard to the EFTA States.’ ’

                  4.

                  The following is added in point 66w (Regulation (EC) No 552/2004 of the European Parliament and of the Council):
                  ‘, as amended by:

                              —

                                 32009 R 1070: Regulation (EC) No 1070/2009 of the European Parliament and of the Council of 21 October 2009 (OJ L 300, 14.11.2009, p. 34).’

            Article 2
      The texts of Regulation (EC) No 1070/2009 in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
      Article 3
      This Decision shall enter into force on […], provided that all the notifications under Article 103(1) of the EEA Agreement have been made. (2)

      Article 4
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at Brussels,.

               For the EEA Joint Committee

               The President

               The Secretaries to the EEA Joint Committee

         (1)  OJ L 300, 14.11.2009, p. 34.

         (2)  [No constitutional requirements indicated.] [Constitutional requirements indicated.]


title: Council Decision (CFSP) 2016/917 of 9 June 2016 repealing Decision 2010/656/CFSP renewing the restrictive measures against Côte d'Ivoire

text:
               10.6.2016

               EN

               Official Journal of the European Union

               L 153/38

         COUNCIL DECISION (CFSP) 2016/917
   of 9 June 2016
   repealing Decision 2010/656/CFSP renewing the restrictive measures against Côte d'Ivoire
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 15 October 2010, the United Nations Security Council adopted United Nations Security Council Resolution (‘UNSCR’) 1946 (2010) which renewed the measures imposed against Côte d'Ivoire.

               (2)

               On 29 October 2010, the Council adopted Decision 2010/656/CFSP (1) renewing the restrictive measures against Côte d'Ivoire.

               (3)

               On 28 April 2016, the United Nations Security Council adopted UNSCR 2283 (2016), terminating, with immediate effect, all UN sanctions against Côte d'Ivoire.

               (4)

               In the light of UNSCR 2283 (2016) as well as recent developments in Côte d'Ivoire, the Council has decided to lift also the entirety of the Union's own, additional restrictive measures against that country.

               (5)

               Decision 2010/656/CFSP should therefore be repealed,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/656/CFSP is repealed.
   Article 2
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Luxembourg, 9 June 2016.

            For the Council

            The President

         G.A. VAN DER STEUR

      (1)  Council Decision 2010/656/CFSP of 29 October 2010 renewing the restrictive measures against Côte d'Ivoire (OJ L 285, 30.10.2010, p. 28).


title: 2006/812/EC: Decision of the European Parliament of 27 April 2006 on the discharge for implementation of the European Union general budget for the financial year 2004, Section IV — Court of Justice

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/33

         DECISION OF THE EUROPEAN PARLIAMENT
   of 27 April 2006
   on the discharge for implementation of the European Union general budget for the financial year 2004, Section IV — Court of Justice
   (2006/812/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2004 (1),

               —

               having regard to the final annual accounts of the European Communities for the financial year 2004, Volume III (N6-0027/2005 — C6-0360/2005),

               —

               having regard to the Court of Auditors' annual report for the financial year 2004, accompanied by the replies of the institutions audited (2),

               —

               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 (3),

               —

               having regard to the Council's recommendation of 14 March 2006 (5971/2006 — C6-0092/2006),

               —

               having regard to Articles 272(10), 275 and 276 of the EC 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 (4), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

               having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5),

               —

               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 and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0112/2006),

               1.

               Grants the Registrar of the Court of Justice discharge in respect of the implementation of the budget for the financial year 2004;

               2.

               Sets out its comments in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution that forms an integral part of it to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions, the European Ombudsman and the European Data Protection Supervisor and to have them published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ L 53, 23.2.2004.

      (2)  OJ C 301, 30.11.2005, p. 1.

      (3)  OJ C 301, 30.11.2005, p. 9.

      (4)  OJ L 248, 16.9.2002, p. 1.

      (5)  OJ L 356, 31.12.1977, p. 1.
    ---documentbreak---

               6.12.2006

               EN

               Official Journal of the European Union

               L 340/34

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   with comments forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2004, Section IV — Court of Justice
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2004 (1),

               —

               having regard to the final annual accounts of the European Communities for the financial year 2004, Volume III (N6-0027/2005 — C6-0360/2005),

               —

               having regard to the Court of Auditors' annual report for the financial year 2004, accompanied by the replies of the institutions audited (2),

               —

               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 (3),

               —

               having regard to the Council's recommendation of 14 March 2006 (5971/2006 — C6-0092/2006),

               —

               having regard to Articles 272(10), 275 and 276 of the EC 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 (4), and in particular Articles 50, 86, 145, 146 and 147 thereof,

               —

               having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5),

               —

               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 and to the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A6-0112/2006),

               1.

               Notes that in 2004 the European Court of Justice (ECJ) administered a budget of EUR 235 041 565, with a utilisation rate of 94 %;

               2.

               Notes that as a consequence of enlargement the number of staff at the ECJ increased in 2004 by some 40 % (6);

               3.

               Notes with disapproval that in 2004 the ECJ again failed to implement several internal control standards;

               4.

               Points to the finding set out by the Court of Auditors in paragraph 9.13 of its annual report that the ECJ's internal auditor exercises the function of head of the ‘verification unit’, which performs ex-ante controls on the authorising officer's operations; agrees with the Court of Auditors that such involvement in the carrying out of financial operations is not compatible with the tasks of an independent internal auditor; criticises the fact that since his appointment in 2003 the internal auditor has not completed any of the audits in his work programme; urges the ECJ to enlist outside support to ensure timely completion of the outstanding audits in the work programme;

               5.

               Regrets that the ECJ's annual activity report could not be taken into consideration in the preparation of the Court of Auditors' annual report as it had not been finalised before the Court of Auditors' audit was concluded; understands that this issue has been resolved with regard to the 2005 annual activity report;

               6.

               Notes that the ECJ, unlike most of the institutions, does not attach to its annual activity report a declaration of assurance signed by its authorising officer by delegation; notes that the Registrar nonetheless drew up and signed a memorandum dated 21 June 2005 assuring the ECJ's President of the regularity of its 2004 accounts; asks the ECJ to draw up such a declaration in future years and hopes that this matter will be regulated in the current review of the Financial Regulation;

               7.

               Congratulates the ECJ on the design, content and legibility of its annual activity report and, in particular, the analysis at the end of each chapter of the type and degree of risk attaching to the operations described therein; believes that the usefulness of annual activity reports could be increased if all institutions followed this example;

               8.

               Welcomes the reduction in the average duration of cases before the ECJ from 25 months in 2003 to 20 months in 2004 against the background of a steadily rising number of cases brought; considers that 20 months per case is still too long; calls on the ECJ to reduce the duration of cases further;

               9.

               Notes that no ex-post verification was carried out in 2004 because of the need for the ex-ante verification service to concentrate on setting up the new financial circuit;

               10.

               Notes that the ECJ is currently managing a substantial project for the construction of new buildings comprising two towers and a ‘ring’ with accommodation for staff to be needed following future enlargements, together with up to 40 judges and their cabinets, at an estimated cost of EUR 296 924 590 (at 2000 prices); asks the ECJ for a written description of the arrangements for checking invoices and auditing the project, as well as for an explanation as to which of the parties involved will bear the risk of possible cost overruns; calls on the ECJ to create appropriate control bodies that have permanent responsibility for this large project and for checking that deadlines are met, for monitoring costs and for making any adjustments required;

               11.

               Points out that, according to a comparison of costs between the institutions in the matter of buildings drawn up by the Commission services in June 2005, the ECJ has the highest cost per occupant (EUR 250/m2, which is explained however by the shorter than average repayment period chosen by the ECJ, namely 15 years;

               12.

               Believes that, in the interests of transparency, wider publicity should be given to Regulation No 422/67/EEC, 5/67/Euratom of the Council of 25 July 1967 determining the emoluments of the President and members of the Commission and of the President, Judges, Advocates-General and Registrar of the Court of Justice and of the President, Members and Registrar of the European Union Civil Service Tribunal (7) laying down the emoluments of the ECJ's judges, possibly by publishing it on the ECJ's website;

               13.

               Notes that the ECJ currently imposes no obligation on judges to declare financial interests, such as share holdings, directorships and consultancy contracts; points out that both Commissioners and Members of the European Parliament are required to declare such interests in a public register and that Members of the Court of Auditors deposit a declaration of their financial interests with the Court's President; recommends that, in the interests of transparency, even in the absence of a legal requirement at present, the ECJ should ask for binding rules of this kind to be drawn up;

               14.

               Recalls, as regards official cars for use by the ECJ, that its resolution of 27 October 2005 (8) called on the ECJ to amend by 1 November 2005 its administrative decision of 31 March 2004 in such a way as to rule out the private use of official cars.

      (1)  OJ L 53, 23.2.2004.

      (2)  OJ C 301, 30.11.2005, p. 1.

      (3)  OJ C 301, 30.11.2005, p. 9.

      (4)  OJ L 248, 16.9.2002, p. 1.

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

      (6)  Source: annual activity report.

      (7)  OJ L 187, 8.8.1967, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 202/2005 (OJ L 33, 5.2.2005, p. 1).

      (8)  Texts Adopted, P6_TA(2005)0410.


Avis juridique important

|

32004D0368

2004/368/EC: Council Decision of 30 March 2004 concerning the provisional application of the Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the European Economic Area and the provisional application of four related agreements

Official Journal L 130 , 29/04/2004 P. 0001 - 0002

Council Decisionof 30 March 2004concerning the provisional application of the Agreement on the participation of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the European Economic Area and the provisional application of four related agreements(2004/368/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community and in particular Article 310, in conjunction with the first paragraph of Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) Article 128 of the Agreement on the European Economic Area ("EEA Agreement") stipulates that any European State becoming a member of the Community shall apply to become a Party to the EEA Agreement, and that the terms and conditions for such participation shall be subject to an agreement between the contracting parties and the applicant State.(2) Following the successful conclusion of the EU enlargement negotiations, the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Hungary, the Republic of Latvia, the Republic of Lithuania, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic ("Acceding States") submitted applications to become parties to the EEA Agreement to which the Community and its Member States are Contracting Parties.(3) On the basis of the authorisation given to the Commission on 9 December 2002, the EEA enlargement negotiations were concluded on 3 July 2003 and an agreement between Iceland, Liechtenstein, Norway ("EEA EFTA States"), the Community, its Member States and the Acceding States on the participation of the Acceding States in the EEA ("EEA Enlargement Agreement"), together with four related agreements, was signed by the Contracting Parties on 14 October 2003.(4) The EU Accession Treaty is to enter into force on 1 May 2004, on which date the Acceding States will become fully integrated into the internal market.(5) The EEA Agreement extends the internal market to the EEA EFTA States and, pending the completion of the procedures required to bring the EEA Enlargement Agreement into force, it is necessary to provide for the provisional application from 1 May 2004 of the EEA Enlargement Agreement and the four related agreements in order to maintain the good functioning of the internal market within the EEA.(6) The Agreements on provisional application should therefore be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreements in the form of an Exchange of Letters between the Community and each of the EEA EFTA States concerning the provisional application as from 1 May 2004 of the EEA Enlargement Agreement and four related agreements are hereby approved on behalf of the Community.The texts of the Agreements in the form of an Exchange of Letters are attached to this Decision.Article 2The President of the Council is authorised to designate the person(s) authorised to sign the Agreements in the form of an Exchange of Letters in order to bind the Community.Article 3This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 30 March 2004.For the CouncilThe PresidentM. McDowell


title: Council Decision of 14 July 2015 appointing one member of the Management Board of the European Chemicals Agency

text:
               15.7.2015

               EN

               Official Journal of the European Union

               C 231/2

         COUNCIL DECISION
   of 14 July 2015
   appointing one member of the Management Board of the European Chemicals Agency
   (2015/C 231/03)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (1), and in particular Article 79 thereof,
   Whereas:

               (1)

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

               (2)

               By its Decision of 13 May 2013 (2), the Council appointed 12 members of the Management Board.

               (3)

               The Dutch Government has informed the Council of its intention to replace the Dutch representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2017,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Hans Albert MEIJER, of Dutch nationality, born on 19 September 1964, shall be appointed member of the Management Board of the European Chemicals Agency, replacing Mr Johannes Karel Barend Henri KWISTHOUT, for the period from 14 July 2015 to 31 May 2017.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 14 July 2015.

            For the Council

            The President

         P. GRAMEGNA

      (1)  OJ L 396, 30.12.2006, p. 1.

      (2)  Council Decision of 13 May 2013 appointing 12 members of the Management Board of the European Chemicals Agency (OJ C 138, 17.5.2013, p. 14).


title: Council Decision (EU) 2015/1915 of 9 October 2015 appointing two Spanish members and three Spanish alternate members of the Committee of the Regions

text:
               24.10.2015

               EN

               Official Journal of the European Union

               L 280/26

         COUNCIL DECISION (EU) 2015/1915
   of 9 October 2015
   appointing two Spanish members and three Spanish alternate members of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposals of the Spanish Government,
   Whereas:

               (1)

               On 26 January, on 5 February and on 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               Two members' seats on the Committee of the Regions have become vacant following the end of the term of office of Mr José Ramón BAUZÁ DÍAZ and Ms Cristina MAZAS PÉREZ-OLEAGA,

               (3)

               Three alternate members' seats on the Committee of the Regions have become vacant following the end of the term of office of Ms María DE DIEGO DURÁNTEZ, Mr Esteban MAS PORTELL and Ms Inmaculada VALENCIA BAYÓN,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed as members to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Da. Francina ARMENGOL I SOCIAS, Presidenta del Gobierno de las Islas Baleares

               —

               Da. Rosa EVA DÍAZ TEZANOS, Vicepresidenta y Consejera de Universidades e Investigación, Medio Ambiente y Politica Social de la Comunidad de Cantabria

         Article 2
   The following are hereby appointed as alternate members to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               —

               Da. María DE DIEGO DURÁNTEZ, Viceconsejera de Ordenación del Territorio y Relaciones Institucionales de la Comunidad de Castilla y León

               —

               D. Marc PONS I PONS, Consejero de Presidencia del Gobierno de la Islas Baleares

               —

               D. Juan José SOTA VERDIÓN, Consejero de Economía, Hacienda y Empleo de Cantabria.

         Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 9 October 2015.

            For the Council

            The President

         J. ASSELBORN

      (1)  OJ L 20, 27.1.2015, p. 42.

      (2)  OJ L 31, 7.2.2015, p. 25.

      (3)  OJ L 159, 25.6.2015, p. 70.


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32001D0705(01)

Decision of the Secretary-General of the Council/High Representative for Common Foreign and Security Policy of 25 June 2001 on a code of good administrative behaviour for the General Secretariat of the Council of the European Union and its staff in their professional relations with the public

Official Journal C 189 , 05/07/2001 P. 0001 - 0004

Decision of the Secretary-General of the Council/High Representative for Common Foreign and Security Policyof 25 June 2001on a code of good administrative behaviour for the General Secretariat of the Council of the European Union and its staff in their professional relations with the public(2001/C 189/01)THE SECRETARY-GENERAL OF THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 207(2) thereof,Having regard to the Council's Rules of Procedure, and in particular Article 23 thereof,Whereas:(1) The provisions of Community law on openness and transparency should be fully respected in the daily practice of the General Secretariat of the Council (hereinafter referred to as the "General Secretariat").(2) Experience has shown that a number of requests from citizens for general information fall outside the scope of the rules governing public access to Council documents as laid down in Regulation (EC) No 1049/2001(1) of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents.(3) Guidance should be provided for members of staff in their professional relations with the public,HAS DECIDED AS FOLLOWS:Article 1A code of good administrative behaviour for the General Secretariat of the Council of the European Union and its staff in their professional relations with the public is hereby adopted. This code is contained in the Annex.Article 21. The objective of this Decision and the annexed code is to facilitate the implementation of rights and obligations flowing from the treaties and acts adopted for their application, without creating additional rights.2. This Decision shall not prevail over any provision of the Treaty on European Union, the Treaty establishing the European Community, the Staff Regulations of officials and the conditions of employment of the other servants of the European Communities, Regulation (EC) No 1049/2001 of the European Parliament and of the Council or any decision taken by the Council regarding public access to Council documents.Article 3The necessary measures shall be taken within the General Secretariat to ensure that this Decision and the annexed code:- are published in the Official Journal of the European Communities, C series, are publicised as widely as possible and made available to the public via the Internet;- are respected by members of staff.Article 4The code of good administrative behaviour annexed to this Decision shall be reviewed two years after the date on which it takes effect, in the light of the experience gained from its implementation.Article 5This Decision shall take effect on 25 June 2001.Done at Brussels, 25 June 2001The Secretary-General/High RepresentativeJavier Solana(1) OJ L 145, 31.5.2001, p. 43.ANNEXCode of good administrative behaviour for the General Secretariat of the Council of the European Union and its staff in their professional relations with the publicArticle 1General provisions1. In their professional relations with the public, members of staff, that is to say, officials and other servants of the General Secretariat of the Council covered by the Staff Regulations of officials of the European Communities and the conditions of employment of other servants of the European Communities (hereinafter referred to as "Staff Regulations"), shall observe the provisions set out in this Code of good administrative behaviour (hereinafter referred to as the "Code"). Persons employed under private law contracts, experts on secondment from national services and trainees, etc. working for the Council Secretariat should also be guided by it.2. The relations between the General Secretariat of the Council and its staff are governed exclusively by the Staff Regulations.Article 2Scope of applicationThis Code lays down the general principles of good administrative behaviour applicable to members of staff in their professional relations with the public, except where these are governed by specific provisions, such as the rules concerning access to documents and public tendering procedures.Article 3Non-discriminationIn dealing with requests and answering enquiries, members of staff shall ensure that the principle of equal treatment is observed. Persons in the same situation shall be treated in the same manner, unless specific treatment is justified by the objective characteristics of the matter in question.Article 4Fairness, loyalty and neutrality1. Members of staff shall act in a fair and reasonable manner.2. In their professional relations with the public and in accordance with their obligations (in particular those imposed by Article 11 of the Staff Regulations), members of staff shall in all circumstances act in the interests of the European Union and of the Council and shall not allow themselves to be influenced by personal or national considerations nor by political pressure or express personal legal opinions.Article 5CourtesyMembers of staff shall act in a conscientious, correct, courteous and approachable manner. In replying to correspondence or telephone calls or in any other professional contact with the public, they shall endeavour to be as helpful as possible.Article 6Provision of information1. Members of staff shall provide the public with the information requested, falling within their area of responsibility. They shall ensure that the information is as clear and comprehensible as possible.2. If, for reasons of confidentiality and/or pursuant to applicable rules (in particular Article 17 of the Staff Regulations), a member of staff considers that he is unable to divulge the information requested, the reasons why such information cannot be provided shall be given to the person concerned.3. When access to a Council document is requested, the specific provisions regarding public access to documents shall apply.Article 7Replying to letters in the language used by the members of the publicIn accordance with Article 21 of the Treaty establishing the European Community, the General Secretariat of the Council shall reply to letters in the language of the initial letter, provided that it was written in one of the official languages of the Community.Article 8Telephone calls1. When answering the telephone, members of staff shall identify themselves and their service. They shall also establish the identity of the caller. Unless reasons of confidentiality, as referred to in Article 6(2), prevent it, they shall provide the requested information or direct the caller to the appropriate source. However, in cases of hesitation as to whether that information may be provided, they shall consult their hierarchy or refer callers to their superior.2. Should an oral request for information be imprecise or complex, the member of staff approached may ask the person concerned to formulate the request in writing.Article 9Written replies and their deadlines1. Members of staff shall without delay, and normally within 15 working days following receipt, reply to all requests for information addressed to the General Secretariat.2. Where a reasoned reply cannot be provided within the period referred to in paragraph 1, the member of staff responsible shall inform the correspondent thereof without delay. In this event, the correspondent shall be given a definitive reply as soon as possible.3. The service and the name of the member of staff in charge of the matter shall be indicated in the reply.4. No reply need be provided where:- an excessive number of identical letters or requests has been received;- a reply has already been given to the same request from the same person;- the request is of an improper nature.5. Should a request in writing fall outside the area of responsibility of the member of staff receiving it, the request shall be forwarded to the competent Service of the General Secretariat without delay for handling by that service.6. If the request is imprecise or complex, the member of staff may ask the correspondent to clarify the request.7. If the member of staff considers that a request should have been addressed to another institution, another body, another organisation or a national administration, the member of the public shall be informed of this, and the request shall immediately be forwarded to the institution, body or administration concerned.Article 10Requests from the mediaThe Press Service is responsible for contacts with the media. However, when requests for information from the media concern technical subjects falling within their specific areas of responsibility, members of the staff may answer them.Article 11Data protection1. Members of staff handling an individual's personal data shall observe the provisions set out in Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data(1).2. In accordance with that Regulation, members of staff shall refrain from processing personal data for non-legitimate purposes or transmitting such data to unauthorised third parties.(1) OJ L 8, 12.1.2001, p. 1.


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32002D0622

2002/622/EC: Commission Decision of 26 July 2002 establishing a Radio Spectrum Policy Group (Text with EEA relevance)

Official Journal L 198 , 27/07/2002 P. 0049 - 0051

Commission Decisionof 26 July 2002establishing a Radio Spectrum Policy Group(Text with EEA relevance)(2002/622/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas:(1) Decision No 676/2002/EC of the European Parliament and of the Council of 7 March 2002 on a regulatory framework for radio spectrum policy in the European Community(1) (hereinafter the Radio Spectrum Decision) establishes a policy and legal framework in the Community for radio spectrum policy so as to ensure the coordination of policy approaches and, where appropriate, harmonised conditions with regard to the availability and efficient use of the radio spectrum necessary for the establishment and functioning of the internal market in Community policy areas such as electronic communications, transport and Research and Development.(2) The Radio Spectrum Decision recalls that the Commission may organise consultations in order to take into account the views of Member States, Community institutions, industry and of all radio spectrum users involved, both commercial and non-commercial, as well as of other interested parties on technological, market and regulatory developments which may relate to the use of radio spectrum.(3) A consultative group to be called the Radio Spectrum Policy Group (hereinafter the Group) should be established. The Group should assist and advise the Commission on radio spectrum policy issues such as radio spectrum availability, harmonisation and allocation of radio spectrum, provision of information concerning allocation, availability and use of radio spectrum, methods for granting rights to use spectrum, refarming, relocation, valuation and efficient use of radio spectrum as well as protection of human health.(4) The Group should contribute to the development of a radio spectrum policy in the Community that takes into account not only technical parameters but also economic, political, cultural, strategic, health and social considerations, as well as the various potentially conflicting needs of radio spectrum users with a view to ensuring that a fair, non-discriminatory and proportionate balance is achieved.(5) The Group should gather high-level governmental experts from the Member States and a high level representative of the Commission. The Group could also include observers and invite other persons to attend meetings as appropriate, including regulators, competition authorities, market participants, user or consumer groups. The Group should therefore allow cooperation between Member States and the Commission in such a way as to contribute to the development of the internal market.(6) As the focal point for addressing radio spectrum policy issues in the context of all relevant Community policies, close operational links should be maintained between the Group and specific groups or committees established for the implementation of sectoral Community policies including transport policy, internal market policy for radio equipment, audiovisual policy, space policy, and communications.(7) The Radio Spectrum Decision has created a Radio Spectrum Committee to assist the Commission in the elaboration of binding implementing measures addressing harmonised conditions for the availability and efficient use of radio spectrum. The work of the Group should not interfere with the work of the Committee.(8) In order to guarantee effective discussions, each national delegation attending the Group should have a consolidated and coordinated national view of all policies which affect the use of radio spectrum in that Member State in relation not only to the internal market but also to public order, public security, civil protection and defence policies as the use of radio spectrum for such policies may influence the organisation of radio spectrum as a whole. At present, different national government departments have responsibility over different parts of the radio spectrum.(9) The Group should consult extensively and in a forward-looking manner on technological, market and regulatory developments relating to the use of radio spectrum with all radio spectrum users involved, both commercial and non-commercial, as well as with any other interested parties.(10) The use of radio spectrum does not stop at borders and given the forthcoming accession of additional Member States, the Group may be opened to these countries and to countries which are members of the European Economic Area.(11) CEPT (European Conference of Postal and Telecommunications administrations, comprising 44 European countries) should be invited as observer with the work of the Group considering the impact of the activities of the Group on radio spectrum at a pan-European level and considering the technical expertise gained by CEPT and its affiliate bodies in radio spectrum management. It is also appropriate to draw on such expertise on the basis of mandates to be granted pursuant to the Radio Spectrum Decision in view to the development of technical implementing measures in the areas of radio spectrum allocation and information availability. In view of the importance of European standardisation for the development of equipment using radio spectrum, it is likewise important to associate as observer the European Telecommunications Standardisation Institute (ETSI),HAS DECIDED AS FOLLOWS:Article 1Subject matterAn advisory group on radio spectrum policy, called the Radio Spectrum Policy Group (hereinafter referred to as the Group), is hereby established.Article 2AimsThe Group shall assist and advise the Commission on radio spectrum policy issues, on coordination of policy approaches and, where appropriate, on harmonised conditions with regard to the availability and efficient use of radio spectrum necessary for the establishment and functioning of the internal market.Article 3MembershipThe Group shall be composed of one high level governmental expert from each Member State as well as of a high-level representative from the Commission.The Commission shall provide the secretariat to the Group.Article 4Operational arrangementsAt the Commission's request or at its own initiative, the Group shall adopt opinions to be addressed to the Commission, upon consensus or, if not possible, on the basis of a simple majority, each member having one vote except the Commission which shall not vote. Dissenting opinions shall be attached to the adopted opinions. Observers may participate in the deliberation but shall not vote.The Group shall elect a chairperson from among its members. The Commission may organise the work of the Group into subgroups and expert working groups as appropriate.The Commission shall convene the meetings of the Group through the secretariat in agreement with the chairperson. The Group shall adopt its rules of procedure upon a proposal from the Commission, by consensus or, in the absence of consensus, by a two-thirds majority vote, one vote being expressed per Member State, subject to the approval of the Commission.The Group may invite observers, including those from EEA States and those States that are candidates for accession to the European Union, as well as from the European Parliament, CEPT and ETSI, to attend its meetings and it may hear experts and interested parties.Article 5ConsultationThe Group shall consult extensively and at an early stage with market participants, consumers and end-users in an open and transparent manner.Article 6ConfidentialityWithout prejudice to the provisions of Article 287 of the Treaty, where the Commission informs them that the opinion requested or the question raised is on a matter of a confidential nature, members of the Group as well as observers and any other person attending shall be under an obligation not to disclose information which has come to their knowledge through the work of the Group, its subgroups or expert working groups. The Commission may decide in such cases that only members of the Group may be present at meetings.Article 7Entry into forceThis Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.The Group shall take up its duties on the date of entry into force of this Decision.Done at Brussels, 26 July 2002.For the CommissionErkki LiikanenMember of the Commission(1) OJ L 108, 24.4.2002, p. 1.


title: Council Decision (EU) 2016/1830 of 11 October 2016 on the conclusion, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Community and the Principality of Monaco providing for measures equivalent to those laid down in Council Directive 2003/48/EC

text:
               18.10.2016

               EN

               Official Journal of the European Union

               L 280/1

         COUNCIL DECISION (EU) 2016/1830
   of 11 October 2016
   on the conclusion, on behalf of the European Union, of the Amending Protocol to the Agreement between the European Community and the Principality of Monaco providing for measures equivalent to those laid down in Council Directive 2003/48/EC
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 115 in conjunction with Article 218(6)(b) and the second subparagraph of Article 218(8) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               In accordance with Council Decision (EU) 2016/1392 (2), the Amending Protocol to the Agreement between the European Community and the Principality of Monaco providing for measures equivalent to those laid down in Council Directive 2003/48/EC (‘the Amending Protocol’) was signed on 12 July 2016, subject to its conclusion at a later date.

               (2)

               The text of the Amending Protocol which is the result of the negotiations, duly reflects the negotiating directives issued by the Council as it aligns the Agreement between the European Community and the Principality of Monaco providing for measures equivalent to those laid down in Council Directive 2003/48/EC (3) (the ‘Agreement’) with the latest developments at international level concerning automatic exchange of information, namely, with the Global Standard for automatic exchange of financial account information in tax matters developed by the Organisation for Economic Cooperation and Development (OECD). The Union, the Member States and the Principality of Monaco have actively participated in the work of the Global Forum of the OECD to support the development and implementation of that Global Standard. The text of the Agreement, as amended by the Amending Protocol, is the legal basis for implementing the Global Standard in the relations between the Union and the Principality of Monaco.

               (3)

               The European Data Protection Supervisor was consulted in accordance with Article 28(2) of Regulation (EC) No 45/2001 of the European Parliament and of the Council (4).

               (4)

               The Amending Protocol should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Amending Protocol to the Agreement between the European Community and the Principality of Monaco providing for measures equivalent to those laid down in Council Directive 2003/48/EC is hereby approved on behalf of the Union (5).
   Article 2
   The President of the Council shall, on behalf of the Union, make the notification provided for in Article 2(1) of the Amending Protocol (6).
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 11 October 2016.

            For the Council

            The President

         P. KAŽIMÍR

      (1)  Opinion of 23 June 2016 (not yet published in the Official Journal).

      (2)  Council Decision (EU) 2016/1392 of 12 July 2016 on the signing, on behalf of the European Union, and provisional application, of the Amending Protocol to the Agreement between the European Community and the Principality of Monaco providing for measures equivalent to those laid down in Council Directive 2003/48/EC (OJ L 225, 19.8.2016, p. 1).

      (3)  OJ L 19, 21.1.2005, p. 55.

      (4)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

      (5)  The text of the Amending Protocol has been published in OJ L 225, 19.8.2016, p. 3 together with the Decision regarding its signature and provisional application.

      (6)  The date of entry into force of the Amending Protocol will be published in the Official Journal of the European Union by the General Secretariat of the Council.


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41994D0503

94/503/ECSC, EC, Euratom: Decision of the representatives of the Governments of the Member States of the European Communities of 26 July 1994 nominating the person they intend to appoint as President of the Commission of the European Communities

Official Journal L 203 , 06/08/1994 P. 0020 - 0020 Finnish special edition: Chapter 1 Volume 3 P. 0160  Swedish special edition: Chapter 1 Volume 3 P. 0160

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES of 26 July 1994 nominating the person they intend to appoint as President of the Commission of the European Communities (94/503/ECSC, EC, Euratom)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,  Having regard to Article 10 (2), first subparagraph of the Treaty establishing the European Coal and Steel Community,  Having regard to Article 158 (2), first subparagraph of the Treaty establishing the European Community,  Having regard to Article 127 (2), first subparagraph of the Treaty establishing the European Atomic Energy Community,  Having regard to the opinion of the European Parliament of 21 July 1994,  HAVE DECIDED AS FOLLOWS:   Article 1  Mr Jacques Santer is hereby nominated as the person whom the Governments of the Member States intend to appoint as President of the Commission of the European Communities.   Article 2  This Decision, which shall be published in the Official Journal of the European Communities, shall enter into force on today's date.  Done at Brussels, 26 July 1994.  The President D. von KYAW


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31991D0314

91/314/EEC: Council Decision of 26 June 1991 setting up a programme of options specific to the remote and insular nature of the Canary Islands (Poseican)

Official Journal L 171 , 29/06/1991 P. 0005 - 0009

COUNCIL DECISION  of 26 June 1991  setting up a programme of options specific to the remote and insular nature of the Canary Islands (Poseican)  (91/314/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 1911/91 of 26 June 1991 on the application of the provisions of Community law to the Canary Islands (1), and in particular Article 9 thereof,  Having regard to the amended proposal from the Commission (2),  Having regard to the opinion of the European Parliament (3),  Having regard to the opinion of the Economic and Social Committee (4),  Whereas the Canary Islands suffer from a serious structural lack of development aggravated by a number of constraints (insular nature, remoteness, small size, difficult terrain and climate) whose unchanging nature and combined impact have serious  effects on their economic and social development; whereas these special constraints make it necessary to step up Community support in order to ensure that the Canary Islands are fully involved in the dynamic of the internal market; whereas this  Community support takes the form of operations under the reformed Structural Funds (enjoying the priority given to the Objective 1 regions), but must also ensure that the special constraints affecting the Canary Islands are taken into account in the  application of common policies, in accordance with the Community approach to the remoter regions, of which the adoption and implementation of the Poseidom programme for the French overseas departments is the first practical example;  Whereas to achieve this, the Council, pursuant to Article 9 of Regulation (EEC) No 1911/91, must adopt a multi-sector programme of operations involving legislative measures and financial commitments to allow for the special constraints on the Canary  Islands in the application of common policies;  Whereas, for the purposes of implementing this programme, the necessary legal acts will be adopted either by the Council or by the Commission, as appropriate, before 31 December 1992; whereas the duration of the application of the measures to be adopted  could, in certain cases, be linked to the process of strengthening the integration of the Canary Islands into common policies, or extend beyond this process, given the permanent constraints which are a particular feature of the Canary Islands;  Whereas this programme must be based on the twofold principle that the Canary Islands form an integral part of the Community and that the regional reality deriving from their particular geographical situation and their historical economic and fiscal  system must be recognized;  Whereas, for this reason, the special measures laid down by the programme of operations must be part of the process of including the Canary Islands in the customs territory of the Community and extending to these Islands other provisions of Community  law as stipulated in Regulation (EEC) No 1911/91; whereas these measures must accordingly take into account the special characteristics and constraints of the Canary Islands without undermining the integrity and coherence of the Community legal order;  whereas the economic effects of specific measures must remain limited to the territory of the Canary Islands without affecting directly the functioning of the common market;  Whereas Community rules must take account of the specific nature of the Canary Islands and permit their economic and social development, particularly in those areas where the fragile nature of island territories is particularly acute, such as transport,  taxation, the social sector, research and development, or the protection of the environment in view of the vulnerability of the Canary Islands to the increasing pressures of tourism;  Whereas the exceptional geographical situation of the Canary Islands in relation to sources of supply for products used as inputs in certain food sectors, which are essential for current consumption or processing in the archipelago, entails costs that  are a severe handicap for this area; whereas there is a need, in this connection, to make special arrangements for the supply of these products within the limits of local market needs and taking accunt of local production and traditional trade flows;  Whereas, for the same reasons and as part of the phased introduction of the Common Customs Tariff, there is a need to create the possibility of special tariff or derogations from the common commercial policy for certain sensitive products, in particular  with regard to quantitative restrictions, bearing in mind the free-trade historical regime of the Canary Islands; whereas customs arrangements may also prove to be appropriate for the regime applicable to the Canary Islands' free zones;  Whereas the special production conditions in the Canary Islands require that particular attention be paid to applying the common agricultural policy to this region; whereas appropriate measures are needed to assist the development of the fruit and  vegetable and flowers and live plant sectors; whereas these measures will have to promote the growing of tropical products in particular; whereas it will also be necessary to introduce other measures to support domestic production intended for local  consumption;  Whereas certain flanking measures are required to accompany the application of the common fisheries policy to the Canary Islands in order to take account of the particular features of local production;  Whereas the preparation, implementation, monitoring and evaluation of the measures provided for by its programme require a partnership between the Commission and the competent national and regional authorities; whereas this partnership must permit  complementarity between the measures laid down in the programme and those applied at national and regional level;  Whereas the competent national and regional authorities must take account of the measures and operations under this programme in drafting future regional development plans; whereas the Commission, within the scope of its powers, will take steps to  ensure that this programme is consistent with the operations of the Structural Funds and other Community financial instruments,  HAS DECIDED AS FOLLOWS:  Article 1  1. Pursuant to Article 9 of Regulation (EEC) No 1911/91, an action programme for the Canary Islands (Programme of options specific to the remote and insular nature of the Canary Islands), hereinafter referred to as the 'Poseican programme'  and set out in the Annex, is hereby established. This programme shall cover legislative measures and financial commitments.  2. Within the context of the powers conferred upon it by the Treaty, the Council shall adopt the provisions necessary for the execution of this programme and invite the Commission to submit the relevant proposals as soon as possible.  Article 2  The financial resources required to implement the measures relating to agricultural structures appearing in this programme shall be determined in the annual budgetary procedures.  Article 3  This Decision shall take effect on 1 July 1991.  Article 4  This Decision shall be published in the Official Journal of the European Communities. Done at Luxembourg, 26 June 1991. For the Council  The President  R. STEICHEN  (1) See page 1 of this Official Journal. (2) OJ No C 67, 15. 3. 1991, p. 12. (3) OJ No C 158, 17. 6. 1991. (4) Opinion delivered on 30 May 1991 (not yet published in the Official Journal).    ANNEX  PROGRAMME OF OPTIONS SPECIFIC TO THE REMOTE AND INSULAR NATURE OF THE CANARY ISLANDS (POSEICAN)  TITLE I  General principles   1.  The Poseican programme will be based on the twofold principle that the Canary Islands form an integral part of the Community and that the regional reality, characterized by the special features and constraints specific to the region concerned  as distinct from the Community as a whole, must be recognized.  2.  Implementation of the measures and operations set out in the Poseican programme will in principle be carried out before 31 December 1992, through the adoption either by the Council or  by the Commission, as appropriate, of the necessary legal acts, in accordance with the provisions and procedures laid down in the Treaty.  3.1.  The Poseican programme will help attain the general aims of the Treaty by contributing to the achievement of  the following specific objectives:   - the realistic integration of the Canary Islands into the Community by establishing an appropriate framework for the application of common policies in this area,   - the full involvement of the Canary Islands in the  dynamic of the internal market by making optimum use of existing Community regulations and instruments,   - assisting the Canary Islands to catch up economically and socially, principally through Community financing of the specific measures contained in  the Poseican programme.  3.2.  The competent national and regional authorities will take into account the specific measures and operations contained in the Poseican programme when drawing up future regional development plans. Within the scope of its  powers, the Commission, for its part, will take steps to ensure that the operations conducted under the Poseican programme are consistent with the operations of the Structural Funds and other Community financial instruments.  3.3  The drafting,  implementation, monitoring and evaluation of the operations and measures contained in the Poseican programme will be carried out in partnership by the Commission and the national and regional authorities concerned. Efforts will be made to ensure that  the Poseican programme operations and those conducted at national and regional levels complement each other as far as possible.  4.  The measures and operations contained in the Poseican programme fall within the framework of the inclusion of the Canary  Islands in the customs territory of the Community and the extension to these Islands of Community law in force and should enable the specific nature and constraints of the Canary Islands to be taken into account without undermining the integrity and  coherence of the Community legal order. TITLE II  Application of common policies in the Canary Islands   5.  Directives or other measures adopted in connection with the internal market and other common policies will have to take account of the special characteristics of the Canary Islands and promote their economic and social development,  particularly in the fields of transport and taxation, social matters, research and technological development (without prejudice to the Community framework programme on this topic) and protection of the environment. TITLE III  Specific measures to mitigate the effects of the exceptional geographical situation    6.1.  Within six months from the date on which this Decision takes effect, the Council or the Commission, as appropriate, will adopt the measures laid down in paragraphs 6.2 to 6.7 which are intended to alleviate the impact of the additional costs  involved in maintaining supplies of agricultural products resulting from the remote and insular nature of the Canary Islands.  6.2.  In the case of essential agricultural products for consumption or processing in the archipelago, this Community action  will consist, within the limits of local market requirements, taking into account local production and traditional trade flows and ensuring that the proportion of products supplied by the Community is preserved, in:   - exempting from levies and/or  customs duties products originating in non-member countries; in this connection special attention will be paid to supplying the Canary Islands from nearby developing countries,   - permitting, on equivalent terms, the supply of Community products taken  into intervention storage or available on the Community market.   The principles underlying the application of this system will be as follows:   (a) with regard to the supply of inputs needed to sustain certain processing and/or packaging industries  making products for the local market, this system should allow these industries to obtain supplies direct from markets in non-Community or Community countries, up to the amounts stipulated in forecast supply balances, so that the goods produced can meet  the requisite specifications, notably as regards quality. In the case of sugar in particular, the system must allow traditional trade flows to be maintained;   (b) in the case of supplies of other essential products, in order to ensure that these  measures have an impact on the level of production costs and consumer prices, a system will be set up to monitor this impact up to the end-user stage. Should the impact be judged inadequate, the supply of unprocessed cereals may be replaced, in  quantities to be determined at the appropriate time, by the equivalent in flour form;   (c) in view of the complexity and diversity of supply circuits in the Canary Islands, the Commission will be required to review the operation of the provisions  adopted on the basis of the principles set out above with a view to making any adjustments needed. The first review will be carried out at the end of the first year of application of these provisions.   To help maintain local cereal production, no  co-responsibility levy will be charged.  6.3.  Temporary restrictions may be applied, at sensitive times, on a phasing-out basis, to potatoes delivered to the Canary Islands for a period of 10 marketing years.  6.4.  Community aid to olive oil  consumption will apply to the Canary Islands on the terms in force in the Community as constituted on 31 December 1985.  6.5.  To avoid any deflection of trade, products covered by the measures referred to in paragraph 6.2 may not be re-dispatched in an  unaltered state to other parts of the Community. Where the products in question are processed in the Canary Islands, this ban shall not apply to the traditional export of Canary Island products to the rest of the Community.  6.6.  Imports of raw or  other tobaccos for use in the manufacture of tobacco and originating in non-member countries will be exempt from customs duty up to the amount required by the tobacco industry in the Canary Islands to cater for local consumption and existing trade flows  in manufactured tobacco and with due account for supply possibilities offered by Community producers and the ACP States.  6.7.  To promote the development of stockfarming to meet local market needs, a system of aid for the purchase of breeding animals  originating in the Community will be set up. Until such time as local production has developed to a satisfactory level, this system may be accompanied by temporary measures, with a phased reduction in quantities, to facilitate the purchase of animals  for fattening (cattle and pigs) and the procurement of certain processed meat-based products (pigmeat, beef/veal or poultry). These measures will combine exemption from levies for the products in question originating in non-member countries and aid for  the procurement of such products from other parts of the Community, to give such products access on equivalent terms. The situation will need to be reviewed after the system has been in operation for four years.  7.1.  At the request, with supporting  documents, of the competent Spanish authorities, specific tariff measures or derogations from the common commercial policy will be considered regarding quantitative restrictions in particular, on a case-by-case basis, for certain sensitive products, as  follows:   - measures to take account of particular problems in a given sector of local production intended for local consumption or tourism, with a view to maintaining an exemption equivalent to that applied prior to the entry into force of Regulation  (EEC) No 1911/91,   - measures to allow access for consumer goods such as textiles, clothes, optical and electronic equipment or means of transport.  7.2.  The measures referred to in paragraph 7.1 must be carefully tailored to the Canary Islands'  domestic market to avoid any deflection of trade. The application of such measures must, in principle, be limited to the transitional period provided for under Article 6 of Regulation (EEC) No 1911/91 for the gradual adoption of the Common Customs  Tariff to the Canary Islands. In the year preceding the expiry of this period the Commission will evaluate the measures adopted and review the situation.  8.  Inward processing operations carried out in the Canary Islands' free zones will not be subject  to the economic conditions attaching to these arrangements. TITLE IV  Specific measures to support Canary Island products    9.  In view of the economic and social importance of bananas for the Canary Islands and the objective of a fair standard of living for producers, the Commission will, without waiting for the adoption of common rules, decide on structural action to  assist this sector. With a view to improving the conditions of production and competition, such action will include measures concerning research, harvesting, presentation and processing, transport, storage, marketing and commercial promotion.  10.1.   Within six months of the date on which this Decision takes effect, the Council or the Commission, as appropriate, will adopt the measures referred to in points 10.2 to 10.6.  10.2.  Measures for the fruit and vegetable and flowers and live plants  sectors may take the form of:   - temporary aid per hectare for programmes carried out by producers and producer groups or organizations to diversify production and/or improve product quality; these programmes, from which tomato growing would be  excluded, should serve to develop tropical products in particular. Additional aid may be granted in cases where these programmes include technical assistance measures,   - aid for the marketing of tropical products where the volume of trade does not  exceed 10 000 tonnes for each product, under marketing season contracts between Canary Island producers and operators in other parts of the Community,   - the funding of an economic analysis and forward planning study of the processed fruit and  vegetable sector (particularly tropical fruit and vegetables).  10.3.  Other measures to help support domestic product for local consumption may take the form of:   - specific aid per hectare for potato-growing, within the limits of the present areas  under cultivation,   - to satisfy the consumer habits for wines produced in the archipelago, exemption from compulsory distillation and non-application of voluntary distillation laid down by Community legislation and non-application of the grubbing  premium,   - in the dairy sector, the setting of the quota at a level which will allow reasonable development of production in the Canary Islands without, however, disrupting traditional trade flows,   - in the case of animal products for the local  market, specific aid for producers' groups or organizations for training and technical assistance programmes,   - specific aid to support products of traditional Canary Island stockfarming and intended for local consumption.  10.4.  To encourage farmers  in the Canary Islands to supply high quality products and to promote the marketing of these products, the Community may finance the design and promotion of a logo.  10.5.  Council Directive 77/93/EEC of 21 December 1976 on protective measures against  the introduction into the Member States of organisms harmful to plants or plant products (1), as last amended by Directive 90/506/EEC (2), will be adapted to accommodate the specific plant health situation in the Canary Islands.  10.6.  Special  exceptions may be made, on the basis of duly substantiated requests from the Spanish authorities, to provisions restricting or preventing the granting of certain types of structural aid to reflect the special characteristics of agriculture in the Canary  Islands.  11.1.  In the case of fishery products, a reinforced system of aid will be established in favour of producers' organizations, which must be set up within five years of the date on which Council Regulation (EEC) No 1911/91 enters into force;  this aid will apply for five years following the date on which these organizations are recognized.  11.2.  In view of the special situation of the sardine market and the problem of the price of this product in the Canary Islands, a conversion factor  specific to sardines marketed within the Canary Islands will be applied in accordance with Article 12 (2) of Council Regulation (EEC) No 3796/81 of 29 December 1981 on the common organization of the market in fishery products (3), as last amended by  Regulation (EEC) No 2886/89 (4). Within two years of the introduction of the market organization in the Canary Islands, the Commission will investigate the possibility of applying arrangements to bring prices into line. As the Community price system can  only apply if the products put on sale are accessible to all the operators concerned, Spain and the Community will take the necessary steps to ensure that the sardine marketing structures in the Canary Islands are adapted to meet this condition.  11.3.   The Community will endeavour, within the scope of its powers in international trade, to obtain improvements from its partners in order to facilitate Community exports of cephalopods to the countries concerned. TITLE V  Final provision   12.  The Commission will report annually to the European Parliament and the Council on progress in the implementation of the Poseican programme and, where appropriate, propose any adjustment measures that are necessary to achieve the objectives  defined in Title I.  (1) OJ No L 26, 31. 1. 1977, p. 20. (2) OJ No L 16, 22. 1. 1991, p. 29. (3) OJ No L 379, 31. 12. 1981, p. 1. (4) OJ No L 282, 2. 10. 1989, p. 1.


title: Decision (EU) 2016/1524 of the European Parliament of 28 April 2016 on the closure of the accounts of the European Food Safety Authority for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/258

         DECISION (EU) 2016/1524 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on the closure of the accounts of the European Food Safety Authority for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Food Safety Authority for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Food Safety Authority for the financial year 2014, together with the Authority’s reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 12 February 2016 on discharge to be given to the Authority in respect of the implementation of the budget for the financial year 2014 (05584/2016 – C8-0074/2016),

               —

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

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council of 28 January 2002 laying down the general principles and requirements of food law, establishing the European Food Safety Authority and laying down procedures in matters of food safety (4), and in particular Article 44 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5),

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6), and in particular Article 108 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A8-0086/2016),

               1.

               Notes that the final annual accounts of the European Food Safety Authority are as annexed to the Court of Auditors’ report;

               2.

               Approves the closure of the accounts of the European Food Safety Authority for the financial year 2014;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 409, 9.12.2015, p. 160.

      (2)  See footnote 1.

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

      (4)  OJ L 31, 1.2.2002, p. 1.

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

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


title: Political and Security Committee Decision (CFSP) 2017/1175 of 26 June 2017 on the acceptance of a third State's contribution to the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) (EUTM RCA/3/2017)

text:
               1.7.2017

               EN

               Official Journal of the European Union

               L 170/93

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2017/1175
   of 26 June 2017
   on the acceptance of a third State's contribution to the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) (EUTM RCA/3/2017)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision (CFSP) 2016/610 of 19 April 2016 on a European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) (1),
   Whereas:

               (1)

               Pursuant to Article 8(2) of Decision (CFSP) 2016/610, the Council authorised the Political and Security Committee (PSC) to take the relevant decisions on acceptance of the proposed contributions by third States to EUTM RCA.

               (2)

               Following the recommendations regarding a contribution from Bosnia and Herzegovina by the EU Mission Commander and by the European Union Military Committee, the contribution from Bosnia and Herzegovina should be accepted and considered to be significant.

               (3)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark is not participating in the adoption of this Decision and is neither bound by it nor subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   1.   The contribution from Bosnia and Herzegovina to the European Union CSDP Military Training Mission in the Central African Republic (EUTM RCA) is accepted and is considered to be significant.
   2.   Bosnia and Herzegovina is exempted from financial contributions to the budget of EUTM RCA.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 26 June 2017.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 104, 20.4.2016, p. 21.