Avis juridique important

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32004D0091

2004/91/EC: Council Decision of 30 July 2003 on the conclusion of the agreement between the European Community and Canada on trade in wines and spirit drinks

Official Journal L 035 , 06/02/2004 P. 0001 - 0002

Council Decisionof 30 July 2003on the conclusion of the agreement between the European Community and Canada on trade in wines and spirit drinks(2004/91/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133, 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) On 1 August 2001 the Council authorised the Commission to negotiate an agreement on wine and to revise the Agreement dated 28 February 1989 between the European Economic Community and Canada concerning trade and commerce in alcoholic beverages.(2) These negotiations have been concluded and the Agreement between the European Community and Canada on trade in wine and spirit drinks (hereinafter "the Agreement") was initialled by Canada on 24 April 2003 and by the Community on 25 April 2003. Interim provisions on labelling have been agreed between the Community and Canada and they will continue to negotiate rules applicable to labelling in the Joint Committee with a view to reaching a final agreement. The Agreement should be approved.(3) In order to ensure a proper functioning of the Agreement a Joint Committee has been established. The Commission should represent the Community in the Joint Committee.(4) In order to facilitate the implementation and possible amendments of the Annexes to the Agreement the Commission should be allowed to make the necessary technical adjustments in accordance with the procedure referred to in Article 75 of Council Regulation (EC) No 1493/1999 of 17 May 1999 on the common organisation of the market in wine(1).(5) In order to facilitate the implementation and possible amendments of the Annexes to the Agreement, the Commission should be allowed to make the necessary technical adjustments in accordance with the procedure referred to in Article 14 of Council Regulation (EEC) No 1576/89 of 29 May 1989 laying down general rules on the definition, description and presentation of spirit drinks(2),HAS DECIDED AS FOLLOWS:Article 1The Agreement between the European Community and Canada on trade in wine and spirit drinks together with the attached Annexes and Protocols are hereby approved on behalf of the Community.The texts referred to in the first subparagraph are attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community.Article 3The Commission shall represent the Community in the Joint Committee set up by Article 27 of the Agreement.Article 4For the purposes of applying Articles 7, 11(3), 26(2)(a) and 42(3) of the Agreement in respect of wines, the Commission is hereby authorised, in accordance with the procedure laid down in Article 75 of Regulation (EC) No 1493/1999 to conclude the acts necessary to implement the Agreement and to modify its Annexes.Article 5For the purpose of applying Articles 15(3), 26(2)(a) and 42(3) of the Agreement in respect of spirit drinks, the Commission is hereby authorised, in accordance with the procedure laid down in Article 14 of Regulation (EEC) No 1576/89 to conclude the acts necessary to implement the Agreement and to modify its Annexes.Article 6This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 30 July 2003.For the CouncilThe PresidentF. Frattini(1) OJ L 179, 14.7.1999, p. 1. Regulation as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).(2) OJ L 160, 12.6.1989, p. 1. Regulation as last amended by Regulation (EC) No 3378/94 of the European Parliament and of the Council (OJ L 366, 31.12.1994, p. 1).


Avis juridique important

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31977D0157

77/157/EEC: Council Decision of 14 February 1977 amending the list of the countries and territories referred to in Decision 76/198/EEC on import arrangements for rum, arrack and tafia falling within subheading 22.09 C I of the Common Customs Tariff originating in the overseas countries and territories associated with the European Economic Community

Official Journal L 046 , 18/02/1977 P. 0018 - 0018

++++COUNCIL DECISION  OF 14 FEBRUARY 1977  AMENDING THE LIST OF THE COUNTRIES AND TERRITORIES REFERRED TO IN DECISION 76/198/EEC ON IMPORT ARRANGEMENTS FOR RUM , ARRACK AND TAFIA FALLING WITHIN SUBHEADING 22.09 C I OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN THE OVERSEAS COUNTRIES AND TERRITORIES ASSOCIATED WITH THE EUROPEAN ECONOMIC COMMUNITY   ( 77/157/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 136 THEREOF ,  HAVING REGARD TO THE RECOMMENDATION FROM THE COMMISSION ,  WHEREAS DECISION 76/198/EEC ( 1 ) LAID DOWN IMPORT ARRANGEMENTS FOR RUM , ARRACK AND TAFIA FALLING WITHIN SUBHEADING 22.09 C I OF THE COMMON CUSTOMS TARIFF AND ORIGINATING IN THE OVERSEAS COUNTRIES AND TERRITORIES ASSOCIATED WITH THE EUROPEAN ECONOMIC COMMUNITY ;  WHEREAS THE COMORES , SEYCHELLES AND SURINAM , WHICH APPEAR IN THE LIST OF THE COUNTRIES AND TERRITORIES CONTAINED IN THE ANNEX TO THE SAID DECISION , HAVE BECOME INDEPENDENT ;  WHEREAS THESE STATES ACCEDED TO THE ACP-EEC CONVENTION OF LOME ( 2 ) ON 16 JULY , 27 AUGUST AND 13 SEPTEMBER 1976 RESPECTIVELY AND SHOULD CONSEQUENTLY BE COUNTED AMONG THE ACP STATES TO WHICH PROTOCOL 7 ON RUM ANNEXED TO THE CONVENTION IS APPLICABLE ; WHEREAS THE LIST IN THE ANNEX TO DECISION 76/198/EEC SHOULD , THEREFORE , BE ADJUSTED ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE FOLLOWING SHALL BE DELETED IN THE ANNEX TO DECISION 76/198/EEC : " THE COMORES " , " SEYCHELLES " AND  " SURINAM " .  ARTICLE 2  THIS DECISION SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  DONE AT BRUSSELS , 14 FEBRUARY 1977 .  FOR THE COUNCIL  THE PRESIDENT  J . SILKIN  ( 1 ) OJ NO L 37 , 12 . 2 . 1976 , P . 24 .  ( 2 ) OJ NO L 25 , 30 . 1 . 1976 , P . 22 .


title: Political and Security Committee Decision EUPOL COPPS/2/2009 of 15 December 2009 concerning the appointment of the Head of the European Union Police Mission for the Palestinian Territories

text:
               16.12.2009

               EN

               Official Journal of the European Union

               L 330/78

      POLITICAL AND SECURITY COMMITTEE DECISION EUPOL COPPS/2/2009
   of 15 December 2009
   concerning the appointment of the Head of the European Union Police Mission for the Palestinian Territories
   (2009/957/CFSP)
   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 Joint Action 2005/797/CFSP of 14 November 2005 on the European Union Police Mission for the Palestinian Territories (1) (EUPOL COPPS), and in particular Article 11(1) thereof,
   Whereas:

               (1)

               Under Article 11(1) of Joint Action 2005/797/CFSP, the Political and Security Committee is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising the political control and strategic direction of the EUPOL COPPS mission, including in particular the decision to appoint a Head of Mission.

               (2)

               The High Representative of the Union for Foreign Affairs and Security Policy has proposed the appointment of Mr Henrik MALMQUIST as Head of the EUPOL COPPS mission,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Henrik MALMQUIST is hereby appointed Head of the European Union Police Mission for the Palestinian Territories (EUPOL COPPS) for the period from 1 January 2010 until 31 December 2010.
   Article 2
   This Decision shall be notified to Mr Henrik MALMQUIST.
   It shall take effect on the day of its notification.

      Done at Brussels, 15 December 2009.

            For the Political and Security Committee

            The Chairperson

         O. SKOOG

      (1)  OJ L 300, 17.11.2005, p. 65.


title: Decision

text:
               16.12.2016

               EN

               Official Journal of the European Union

               C 472/1

         DECISION
   (2016/C 472/01)
   THE SECRETARY-GENERAL OF THE EUROPEAN PARLIAMENT,

               —

               HAVING REGARD TO Council Regulation (EEC, Euratom, ECSC) No 259/68 (1), as amended by Council Regulation (EC, Euratom) No 723/2004 (2) and most recently by Regulation (EU, Euratom) No 1023/2013 of the European Parliament and of the Council of 22 October 2013 amending the Staff Regulations of Officials of the European Union and the Conditions of Employment of Other Servants of the European Union (3), in particular Article 30 of those Staff Regulations,

               —

               HAVING REGARD TO the Bureau decision of 13 January 2014 on the delegation of the powers of the appointing authority and of the authority empowered to conclude contracts of employment (AECE),

               —

               HAVING REGARD TO the expiry date of 31 December 2016 set for the following European Parliament reserve lists:

                           —

                           AD/1/12, PE/106/S, PE/124/S, AST/4/11, AST/5/11, PE/165/S,

               —

               HAVING REGARD TO the opinion of the Joint Committee issued at its meeting of 5 October 2016,

         HAS DECIDED:
   Article 1
   The period of validity of the following reserve lists:

               AD/1/12, PE/165/S, AST/4/11,

         shall be extended until 31 December 2017.
   Article 2
   The period of validity of the following reserve lists:

               PE/106/S, PE/124/S, AST/5/11,

         shall not be extended.

      Luxembourg, 18 November 2016.

         Klaus WELLE

            Secretary-General

      (1)  OJ L 56, 4.3.1968, p. 1.

      (2)  OJ L 124, 27.4.2004, p. 1.

      (3)  OJ L 287, 29.10.2013, p. 15.


title: 2013/655/EU: Commission Decision of 13 November 2013 adjusting monthly from 1 August 2012 to 1 June 2013 the weightings applicable to the remuneration of officials, temporary staff and contract staff of the European Union serving in third countries

text:
               14.11.2013

               EN

               Official Journal of the European Union

               L 303/52

         COMMISSION DECISION
   of 13 November 2013
   adjusting monthly from 1 August 2012 to 1 June 2013 the weightings applicable to the remuneration of officials, temporary staff and contract staff of the European Union serving in third countries
   (2013/655/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Union, as laid down by Council Regulation (EEC, Euratom, ECSC) No 259/68 (1), and in particular the second paragraph of Article 13 of Annex X thereto,
   Whereas:

               (1)

               The statistics available to the Commission show that for certain third countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings applicable to remuneration of officials, temporary staff and contract staff of the European Union serving in third countries payable in the currency of their country of employment were last laid down.

               (2)

               In accordance with the second paragraph of Article 13 of Annex X to the Staff Regulations in such case those weightings need to be adjusted monthly, with effect from 1 August, 1 October, 1 November, 1 December 2012 and 1 January, 1 February, 1 March, 1 April, 1 May and 1 June 2013, respectively,

         HAS ADOPTED THIS DECISION:
   Article 1
   The weightings applied to the remuneration of officials, temporary staff and contract staff of the European Union serving in third countries, payable in the currency of the country of employment, shall be adjusted for countries as shown in the Annex hereto. It contains 10 monthly tables showing which countries are affected and the applicable effective dates for each one of them.
   The exchange rates used for the calculation of this remuneration shall be established in accordance with the detailed rules for the implementation of the Financial Regulation (2) and correspond to the relevant dates referred to in the tables from the Annex hereto.
   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 Brussels, 13 November 2013.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 56, 4.3.1968, p. 1.

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

      ANNEX

         August 2012

                  PLACE OF EMPLOYMENT

                  Economic parity August 2012

                  Exchange rate August 2012 (1)

                  Weighting August 2012 (2)

                  Sudan (Khartoum)

                  4,584

                  6,20915

                  73,8

         October 2012

                  PLACE OF EMPLOYMENT

                  Economic parity October 2012

                  Exchange rate October 2012 (3)

                  Weighting October 2012 (4)

                  Nepal

                  84,89

                  110,170

                  77,1

         November 2012

                  PLACE OF EMPLOYMENT

                  Economic parity November 2012

                  Exchange rate November 2012 (5)

                  Weighting November 2012 (6)

                  Democratic Republic of Congo (Kinshasa)

                  USD 2,057

                  USD 1,29620

                  158,7

                  Liberia

                  USD 1,528

                  USD 1,29620

                  117,9

                  Malawi

                  216,6

                  404,926

                  53,5

         December 2012

                  PLACE OF EMPLOYMENT

                  Economic parity December 2012

                  Exchange rate December 2012 (7)

                  Weighting December 2012 (8)

                  Venezuela

                  6,090

                  5,58047

                  109,1

         January 2013

                  PLACE OF EMPLOYMENT

                  Economic parity January 2013

                  Exchange rate January 2013 (9)

                  Weighting January 2013 (10)

                  Belarus

                  6 723

                  11 320,0

                  59,4

                  Guinea (Conakry)

                  6 716

                  9 250,40

                  72,6

                  Sudan (Khartoum)

                  4,916

                  7,56599

                  65,0

         February 2013

                  PLACE OF EMPLOYMENT

                  Economic parity February 2013

                  Exchange rate February 2013 (11)

                  Weighting February 2013 (12)

                  Congo (Brazzaville)

                  792,1

                  655,957

                  120,8

                  Cuba

                  0,9438

                  1,35410

                  69,7

                  Jordan

                  0,9175

                  0,960057

                  95,6

                  Serbia (Belgrade)

                  82,53

                  111,934

                  73,7

                  Timor Leste

                  1,583

                  1,35410

                  116,9

                  Uzbekistan

                  1 396

                  2 706,60

                  51,6

                  Venezuela

                  6,429

                  5,81539

                  110,6

                  Zambia

                  6,630

                  7,18680

                  92,3

         March 2013

                  PLACE OF EMPLOYMENT

                  Economic parity March 2013

                  Exchange rate March 2013 (13)

                  Weighting March 2013 (14)

                  Angola

                  168,2

                  126,516

                  132,9

                  Kosovo (Pristina)

                  0,7227

                  1,00000

                  72,3

                  Kyrgyzstan

                  48,69

                  62,3897

                  78,0

                  Malawi

                  238,5

                  479,834

                  49,7

                  Russia

                  46,33

                  40,0240

                  115,8

                  Sierra Leone

                  6 785

                  5 663,73

                  119,8

                  South Africa

                  6,746

                  11,6220

                  58,0

                  Sudan (Khartoum)

                  5,331

                  7,43654

                  71,7

         April 2013

                  PLACE OF EMPLOYMENT

                  Economic parity April 2013

                  Exchange rate April 2013 (15)

                  Weighting April 2013 (16)

                  China

                  7,903

                  7,96000

                  99,3

                  Djibouti

                  222,3

                  227,572

                  97,7

                  Ghana

                  2,025

                  2,48950

                  81,3

                  Japan

                  149,8

                  120,870

                  123,9

                  South Korea

                  1 534

                  1 425,03

                  107,6

                  Uzbekistan

                  1 467

                  2 611,71

                  56,2

         May 2013

                  PLACE OF EMPLOYMENT

                  Economic parity May 2013

                  Exchange rate May 2013 (17)

                  Weighting May 2013 (18)

                  Belarus

                  7 086

                  11 230,0

                  63,1

                  Central African Republic

                  671,7

                  655,957

                  102,4

                  India

                  49,37

                  71,0370

                  69,5

                  Tunisia

                  1,381

                  2,09250

                  66,0

                  Venezuela

                  6,839

                  8,25083

                  82,9

         June 2013

                  PLACE OF EMPLOYMENT

                  Economic parity June 2013

                  Exchange rate June 2013 (19)

                  Weighting June 2013 (20)

                  Australia

                  1,439

                  1,34930

                  106,6

                  Belize

                  1,859

                  2,61469

                  71,1

                  Gambia

                  31,18

                  47,5800

                  65,5

                  Nicaragua

                  18,39

                  31,8519

                  57,7

                  Turkey

                  2,242

                  2,42740

                  92,4

                  Uzbekistan

                  1 545

                  2 694,41

                  57,3

                  Vanuatu

                  145,8

                  122,435

                  119,1

                  Venezuela

                  7,195

                  8,14449

                  88,3

         (1)  1 EUR = x units of local currency, except USD for: Cuba, El Salvador, Ecuador, Liberia, Panama, D.R. Congo, Timor-Leste.

         (2)  Brussels = 100.

         (3)  1 EUR = x units of local currency, except USD for: Cuba, El Salvador, Ecuador, Liberia, Panama, D.R. Congo, Timor-Leste.

         (4)  Brussels = 100.

         (5)  1 EUR = x units of local currency, except USD for: Cuba, El Salvador, Ecuador, Liberia, Panama, D.R. Congo, Timor-Leste.

         (6)  Brussels = 100.

         (7)  1 EUR = x units of local currency, except USD for: Cuba, El Salvador, Ecuador, Liberia, Panama, D.R. Congo, Timor-Leste.

         (8)  Brussels = 100.

         (9)  1 EUR = x units of local currency, except USD for: Cuba, El Salvador, Ecuador, Liberia, Panama, D.R. Congo, Timor-Leste.

         (10)  Brussels = 100.

         (11)  1 EUR = x units of local currency, except USD for: Cuba, El Salvador, Ecuador, Liberia, Panama, D.R. Congo, Timor-Leste.

         (12)  Brussels = 100.

         (13)  1 EUR = x units of local currency, except USD for: Cuba, El Salvador, Ecuador, Liberia, Panama, D.R. Congo, Timor-Leste.

         (14)  Brussels = 100.

         (15)  1 EUR = x units of local currency, except USD for: Cuba, El Salvador, Ecuador, Liberia, Panama, D.R. Congo, Timor-Leste.

         (16)  Brussels = 100.

         (17)  1 EUR = x units of local currency, except USD for: Cuba, El Salvador, Ecuador, Liberia, Panama, D.R. Congo, Timor-Leste.

         (18)  Brussels = 100.

         (19)  1 EUR = x units of local currency, except USD for: Cuba, El Salvador, Ecuador, Liberia, Panama, D.R. Congo, Timor-Leste.

         (20)  Brussels = 100.


title: 2005/10/EC: Commission Decision of 30 December 2004 amending Decision 2004/666/EC as regards the reintroduction of vaccination in certain parts of Italy affected by low pathogenic avian influenza and extending movement control measures (notified under document number C(2004) 5541)Text with EEA relevance

text:
               6.1.2005

               EN

               Official Journal of the European Union

               L 4/15

         COMMISSION DECISION
   of 30 December 2004
   amending Decision 2004/666/EC as regards the reintroduction of vaccination in certain parts of Italy affected by low pathogenic avian influenza and extending movement control measures
   (notified under document number C(2004) 5541)
   (Text with EEA relevance)
   (2005/10/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 89/662/EEC of 11 December 1989 concerning veterinary checks in intra-Community trade with a view to the completion of the internal market (1), and in particular Article 9(4) thereof,
   Having regard to Council Directive 90/425/EEC of 26 June 1990 concerning veterinary and zootechnical checks applicable in intra-community trade in certain live animals and products with a view to the completion of the internal market (2), and in particular Article 10(4) thereof,
   Having regard to Council Directive 92/40/EEC of 19 May 1992 introducing Community measures for the control of avian influenza (3), and in particular Article 16 thereof,
   Having regard to Council Directive 2002/99/EC of 16 December 2002 laying down animal health rules governing the production, processing, distribution and introduction of products of animal origin for human consumption (4), and in particular Article 4(1) and (3) and Article 13(3) thereof,
   Whereas:

               (1)

               Under Commission Decision 2002/975/EC of 12 December 2002 on introducing vaccination to supplement the measures to control infections with low pathogenic avian influenza in Italy and on specific movement control measures (5), a vaccination programme was carried out in parts of Northern Italy to control infections with low pathogenic avian influenza strain subtype H7N3. A DIVA strategy was applied by using a heterologous vaccine of H7N1 subtype, which allows differentiation between infected and vaccinated poultry. Since September 2003, no further virus circulation of the field strain has been detected.

               (2)

               Under Commission Decision 2004/666/EC of 29 September 2004 on introducing vaccination to supplement the measures to control infections with low pathogenic avian influenza in Italy and on specific movement control measures and repealing 2002/975/EC (6), a new vaccination programme was approved in a smaller area of Italy compared to the previous vaccination campaign under Decision 2002/975/EC. That new programme is carried out with a bivalent vaccine containing both avian influenza subtypes H5 and H7. A prohibition on intra-Community trade in live poultry and hatching eggs apply in the vaccination area and conditions for intra-Community trade in fresh meat originating from vaccinated poultry have been laid down in that Decision.

               (3)

               Since mid September 2004, there is evidence that low pathogenic avian influenza of the same subtype H7N3 has been reoccurring in the areas of Italy previously affected.

               (4)

               Although up to present time the infections seem to be contained within a defined area under the restrictions provided for in Decision 2004/666/EC, it appears appropriate to reintroduce vaccination in bordering areas to prevent possible further spread of the disease. In addition, it is appropriate to extend the restrictive measures provided for in that Decision.

               (5)

               Due to vaccine availability, the vaccination campaign should be carried out with a monovalent vaccine suitable to protect against the current infections with subtype H7N3.

               (6)

               In addition, the health marking to be applied for fresh poultry meat not intended for intra-Community trade nor for dispatch to third countries, as provided for in Decision 2004/666/EC, should be amended to facilitate national use.

               (7)

               The measures provided for in this Decision are in accordance with the opinion of the Standing Committee on the Food Chain and Animal Health,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2004/666/EC is amended as follows:

               1.

               Article 1 is replaced by the following:
               ‘Article 1
               1.   The vaccination programme against avian influenza submitted by Italy to the Commission is approved. It shall be carried out in the areas listed in Annex I with a bivalent vaccine and in the areas listed in Annex II with the monovalent vaccine.
               2.   Intensive monitoring and surveillance, as set out in the vaccination programme referred to in paragraph 1, shall be carried out in the areas listed in Annexes I and II.’

               2.

               In Articles 2 and 3, the words‘Annex I’ are replaced by the words ‘Annexes I and II’.

               3.

               Article 5 is amended as follows:

                           (a)

                           In paragraph 1, the introductory phrase is replaced by the following:
                           ‘Fresh meat of poultry shall be marked with a rectangular mark containing the approval number of the establishment, but not the letters C.E., and shall not be dispatched from Italy if it is derived from:’

                           (b)

                           In paragraph 2, the words ‘Annex II of Council Directive 2002/99/EC’ are replaced by the words ‘paragraph 1’.

               4.

               In Article 6, in the introductory phrase, the words ‘Annex I’ are replaced by the words ‘Annexes I and II’.

               5.

               In Annex I, the title ‘vaccination area’ is replaced by the title ‘Area, where vaccination is carried out with a bivalent vaccine’.

               6.

               In Annex II, the title ‘area bordering the vaccination area where intensive monitoring is carried out’ is placed by the title ‘Area, where vaccination with a monovalent vaccine is carried out’.

         Article 2
   This Decision is addressed to the Member States.

      Done at Brussels, 30 December 2004.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 395, 30.12.1989, p. 13. Directive as last amended by Directive 2004/41/EC of the European Parliament and of the Council (OJ L 157, 30.4.2004, p. 33, corrigendum in OJ L 195, 2.6.2004, p. 12).

      (2)  OJ L 224, 18.8.1990, p. 29. Directive as last amended by Directive 2002/33/EC of the European Parliament and of the Council (OJ L 315, 19.11.2002, p. 14).

      (3)  OJ L 167, 22.6.1992, p. 1. Directive as last amended by Regulation (EC) No 806/2003 (OJ L 122, 16.5.2003, p. 1).

      (4)  OJ L 18, 23.1.2003, p. 11.

      (5)  OJ L 337, 13.12.2002, p. 87. Decision as last amended by Decision 2004/159/EC (OJ L 50, 20.2.2004, p. 63).

      (6)  OJ L 303, 30.9.2004, p. 35.


Avis juridique important

|

31990D0216

90/216/EEC: Council Decision of 23 April 1990 concerning the conclusion of the Agreement between the European Economic Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the carriage of goods

Official Journal L 116 , 08/05/1990 P. 0018 - 0018

*****COUNCIL  DECISION  of 23 April 1990  concerning the conclusion of the Agreement between the European Economic Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the carriage of goods  (90/216/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas the conclusion of the Agreement between the European Economic Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the carriage of goods must make it possible to improve the flow of traffic across the frontiers between the contracting parties; whereas it is therefore advisable to approve that Agreement,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement between the European Economic Community and the Swiss Confederation on the simplification of inspections and formalities in respect of the carriage of goods is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The Community shall be represented on the joint committee provided for in Article 15 of the Agreement by the Commission, assisted by the representatives of the Member States.  Article 3  The President of the Council shall carry out the notification provided for in Article 22 of the Agreement.  Done at Luxembourg, 23 April 1990.  For the Council  The President  A. REYNOLDS


title: Decision (EU) 2016/1519 of the European Parliament of 28 April 2016 on discharge in respect of the implementation of the budget of the European Fisheries Control Agency for the financial year 2014

text:
               14.9.2016

               EN

               Official Journal of the European Union

               L 246/245

         DECISION (EU) 2016/1519 OF THE EUROPEAN PARLIAMENT
   of 28 April 2016
   on discharge in respect of the implementation of the budget of the European Fisheries Control Agency for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Fisheries Control Agency for the financial year 2014,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Fisheries Control Agency for the financial year 2014, together with the Agency’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 Agency in respect of the implementation of the budget for the financial year 2014 (05584/2016 — C8-0081/2016),

               —

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

               —

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

               —

               having regard to Council Regulation (EC) No 768/2005 of 26 April 2005 establishing a Community Fisheries Control Agency and amending Regulation (EEC) No 2847/93 establishing a control system applicable to the common fisheries policy (4), and in particular Article 36 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 Fisheries (A8-0104/2016),

               1.

               Grants the Executive Director of the European Fisheries Control Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2014;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Executive Director of the European Fisheries Control 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

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 409, 9.12.2015, p. 151.

      (2)  See footnote 1.

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

      (4)  OJ L 128, 21.5.2005, p. 1.

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

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


Avis juridique important

|

31978Y0530(03)

ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS: DECISION NO 110 OF 16 DECEMBER 1977 AMENDING DECISION NO 87 OF 20 MARCH 1973 CONCERNING THE APPLICATION OF ARTICLE 14 ( 1 ) ( A ) AND ( 2 ) ( A ) OF COUNCIL REGULATION ( EEC ) NO 1408/71 TO THE LEGISLATION APPLICABLE TO WORKERS POSTED ELSEWHERE

Official Journal C 125 , 30/05/1978 P. 0004

++++ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS  DECISION NO 110  OF 16 DECEMBER 1977  AMENDING DECISION NO 87 OF 20 MARCH 1973 CONCERNING THE APPLICATION OF ARTICLE 14 ( 1 ) ( A ) AND ( 2 )  ( A ) OF COUNCIL REGULATION ( EEC ) NO 1408/71 TO THE LEGISLATION APPLICABLE TO WORKERS POSTED ELSEWHERE  THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS ,  HAVING REGARD TO ARTICLE 81 ( A ) OF COUNCIL REGULATION  ( EEC ) NO 1408/71 UNDER WHICH IT IS GIVEN THE RESPONSIBILITY FOR DEALING WITH ALL QUESTIONS OF INTERPRETATION ARISING FROM THE PROVISIONS OF COUNCIL REGULATION ( EEC ) NO 1408/71 AND ( EEC ) NO 574/72 ,  WHEREAS THE PURPOSE OF THE PROVISIONS OF ARTICLE 14  ( 1 ) ( A ) OF REGULATION ( EEC ) NO 1408/71 IS TO AVOID , BOTH IN THE CASE OF WORKERS AS WELL AS IN THE CASE OF EMPLOYERS AND SOCIAL SECURITY INSTITUTIONS , THE ADMINISTRATIVE COMPLICATIONS WHICH WOULD RESULT FROM THE APPLICATION OF THE GENERAL RULE LAID DOWN IN ARTICLE 13 ( 2 ) ( A ) OF REGULATION ( EEC ) NO 1408/71 WHERE THE PERIODS OF EMPLOYMENT ARE OF SHORT DURATION IN A MEMBER STATE OTHER THAN THE STATE IN WHICH THE UNDERTAKING HAS ITS REGISTERED OFFICE OR A PLACE OF BUSINESS ;  WHEREAS DECISION NO 87 OF THE 20 MARCH 1973 , PUBLISHED IN OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES NO C 86 OF 20 JULY 1974 , AIMED , IN A DESIRE FOR SIMPLIFICATION , AT EXTENDING THE FIELD OF APPLICATION OF ARTICLE 14 ( 1 ) ( A ) OF REGULATION ( EEC ) NO 1408/71 TO COVER THE CASE OF A WORKER ENGAGED IN THE MEMBER STATE IN WHICH THE UNDERTAKING HAS ITS REGISTERED OFFICE OR A PLACE OF BUSINESS WITH A VIEW TO AN IMMEDIATE POSTING TO THE TERRITORY OF ANOTHER MEMBER STATE ;  WHEREAS THE PROVISION OF PARAGRAPH 2 ( A ) OF ARTICLE 14 OF THAT REGULATION IS DIRECTED TOWARDS THE SAME OBJECTIVE AS PARAGRAPH 1 ( A ) ;  WHEREAS , THEREFORE , IN THE SAME DESIRE FOR SIMPLIFICATION , THE APPLICATION OF ARTICLE 14 ( 2 ) ( A ) OF THAT REGULATION SHOULD BE EXTENDED TO COVER THE CASE OF A WORKER ENGAGED IN THE MEMBER STATE IN WHICH THE UNDERTAKING HAS ITS REGISTERED OFFICE OR A PLACE OF BUSINESS WITH A VIEW TO AN IMMEDIATE POSTING TO A VESSEL FLYING THE FLAG OF ANOTHER MEMBER STATE ;  WHEREAS ONE OF THE DECISIVE CRITERIA FOR THE APPLICATION OF ARTICLE 14 ( 1 ) ( A ) AND ( 2 ) ( A ) OF REGULATION  ( EEC ) NO 1408/71 IS THE EXISTENCE OF A DIRECT RELATIONSHIP BETWEEN THE UNDERTAKING AND THE WORKER IT ENGAGES , AND IN PARTICULAR THE MAINTENANCE OF THE WORKER'S RELATIONSHIP TO THE UNDERTAKING AS AN EMPLOYEE ;  ACTING IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 80 ( 3 ) OF REGULATION ( EEC ) NO 1408/71 ,  HAS DECIDED AS FOLLOWS :  1 . THE PROVISIONS OF ARTICLE 14 ( 1 ) ( A ) AND ( 2 )  ( A ) OF REGULATION ( EEC ) NO 1408/71 SHALL ALSO APPLY TO A WORKER WHO IS ENGAGED IN A MEMBER STATE IN WHICH THE UNDERTAKING HAS ITS REGISTERED OFFICE OR A PLACE OF BUSINESS WITH A VIEW TO AN IMMEDIATE POSTING TO THE TERRITORY OF ANOTHER MEMBER STATE OR TO A VESSEL FLYING THE FLAG OF ANOTHER MEMBER STATE , IN SO FAR AS THERE IS A DIRECT RELATIONSHIP BETWEEN THE UNDERTAKING AND THE WORKER DURING THE PERIOD OF POSTING .  2 . THIS DECISION WHICH REPLACES DECISION NO 87 OF THE 20 MARCH 1973 SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES . IT SHALL BE APPLICABLE FROM THE FIRST DAY OF THE MONTH FOLLOWING ITS PUBLICATION .  THE CHAIRMAN OF THE ADMINISTRATIVE COMMISSION FOR THE SOCIAL SECURITY OF MIGRANT WORKERS  J . DONIS


Avis juridique important

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31994D0026

94/26/EC: Commission Decision of 6 December 1993 concerning the exchange of letters between the European Community and the Republic of Austria regarding the Price Guarantee Agreement for exports of Austrian wine to the European Community (Text with EEA relevance)

Official Journal L 019 , 22/01/1994 P. 0026 - 0026

COMMISSION DECISION of 6 December 1993 concerning the exchange of letters between the European Community and the Republic of Austria regarding the Price Guarantee Agreement for exports of Austrian wine to the European Community (Text with EEA  relevance) (94/26/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Community,  Having regard to Council Regulation (EEC) No 822/87 of 16 March 1987 on the common organization of the market in wine (1), as last amended by Regulation (EEC) No 1566/93 (2), and in particular Article 53 (3) thereof,  Whereas under two exchanges of letters of 4 November 1970 between the Community and Austria, the Community undertook, in accordance with the second subparagraph of Article 53 (3) of Regulation (EEC) No 822/87, not to levy a countervailing charge on wine  imports from Austria; whereas, in return, the Government of the Republic of Austria gave a guarantee that, under the provisions agreed between the Community and Austria, the price applied by Austrian exporters in respect of the Community would not be  below the reference price, less customs duties, and that any deflection of trade would be avoided;  Whereas the Agreement on the European Economic Area, hereinafter called the 'EEA Agreement', was signed between the Community and its Member States, on the one hard, and the States of the European Free Trade Agreement, on the other; whereas, under  Protocol No 47 thereof concerning the abolition of technical barriers to trade in wine products, the intra-Community rules on accompanying documents for carriage of wine products, specified in Commission Regulation (EEC) No 986/89 (3), as last amended  by Regulation (EEC) No 592/91 (4), will be extended to the EEA; whereas it is appropriate in the light of this new situation to amend and replace the two 1970 exchanges of letters by a new exchange of letters which should enter into force at the same  time as the EEA Agreement,  HAS DECIDED AS FOLLOWS:   Article 1  The exchange of letters between the European Community and the Republic of Austria regarding the Price Guarantee Agreement for exports of Austrian wine to the European Community is hereby approved.  The text of the exchange of letters is annexed to this Decision (5).   Article 2  The text of the exchange of letters referred to in Article 1 shall be published in the Official Journal of the European Communities.  Done at Brussels, 6 December 1993.  For the Commission René STEICHEN Member of the Commission  (1) OJ No L 84, 27. 3. 1987, p. 1.  (2) OJ No L 154, 25. 6. 1993, p. 39.  (3) OJ No L 106, 18. 4. 1989, p. 1.  (4) OJ No L 66, 13. 3. 1991, p. 13.  (5) The letters were signed an 20 December 1993.


title: 2005/538/EC: Decision of the European Parliament of 12 April 2005 on the discharge to the Director of the European Agency for Reconstruction in respect of the implementation of its budget for the financial year 2003#Resolution of the European Parliament containing the comments accompanying the decision on the discharge to the Director of the European Agency for Reconstruction in respect of the implementation of its budget for the financial year 2003

text:
               27.7.2005

               EN

               Official Journal of the European Union

               L 196/60

      DECISION OF THE EUROPEAN PARLIAMENT

   of 12 April 2005
   on the discharge to the Director of the European Agency for Reconstruction in respect of the implementation of its budget for the financial year 2003
   (2005/538/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the Court of Auditors’ report on the annual accounts of the European Agency for Reconstruction for the financial year 2003, together with the Agency’s replies (1),
   having regard to the Council’s recommendation of 8 March 2005 (6864/2005 — C6-0076/2005),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2) and in particular Article 185 thereof, and to Council Regulation (EC) No 1646/2003 of 18 June 2003 amending Regulation (EC) No 2667/2000 on the European Agency for Reconstruction (3) and in particular Article 8 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4) and, in particular, Article 94 thereof,
   having regard to Rules 70 and 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Foreign Affairs (A6-0074/2005),

               1.

               Gives discharge to the Director of the European Agency for Reconstruction, in respect of the implementation of its budget for the financial year 2003;

               2.

               Records its comments in the accompanying resolution;

               3.

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

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 41, 17.2.2005, p. 35.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 245, 29.9.2003, p. 16.

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

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      containing the comments accompanying the decision on the discharge to the Director of the European Agency for Reconstruction in respect of the implementation of its budget for the financial year 2003
      THE EUROPEAN PARLIAMENT,
      having regard to the Court of Auditors’ report on the annual accounts of the European Agency for Reconstruction for the financial year 2003, together with the Agency's replies (1),
      having regard to the Council's Recommendation of 8 March 2005 (6864/2005 — C6-0076/2005),
      having regard to the EC Treaty, and in particular Article 276 thereof,
      having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2) and in particular Article 185 thereof, and to Council Regulation (EC) No 1646/2003 of 18 June 2003 amending Regulation (EC) No 2667/2000 on the European Agency for Reconstruction and in particular Article 8 thereof (3),
      having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4) and in particular Article 94 thereof,
      having regard to Rules 70 and 71 of and Annex V to its Rules of Procedure,
      having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Foreign Affairs (A6-0074/2005),

                  A.

                  Whereas the European Court of Auditors (ECA) stated, in its abovementioned report, that the Agency's accounts do not present a true and fair view of the Agency's actual economic and financial situation.

                  B.

                  Whereas the ECA expressed certain reserves with regard to the funds entrusted to external bodies (both national and international), that Court also stated however that the transactions underlying the Agency's annual accounts were legal and regular.

                  C.

                  Whereas the ECA had certain reserves as to the validity of some of the supporting documents.

                  D.

                  Whereas the ECA expressed certain reserves concerning the procurement procedure.

                  E.

                  Whereas on 21 April 2004 the European Parliament gave discharge (5) to the Director of the Agency in respect of the implementation of its budget for the 2002 financial year, on the basis of the report of the ECA, and in so doing Parliament in its resolution inter alia:

                              —

                              invited the Agency to give rapidly a positive follow-up to the Court's and the Parliament's suggestion to introduce a reliable general accounting tool in all its centres abandoning the use of spreadsheets for its general accounts,

                              —

                              expected the Agency, promptly to respond to the ECA invitation to clarify the status of funds made available to specialised bodies for the financing of loan programmes in specific fields and to adopt the appropriate solutions as regards the way in which these funds should be recorded in the Agency's financial statements,

                              —

                              invited the Commission's Internal Audit Service to look into this matter to identify potential systemic failures and make the necessary recommendations for remedying such problems,

            1.   Notes the following figures for the accounts of the European Agency for Reconstruction (EAR) for the financial years 2003 and 2002:
      Revenue and expenditure account for the financial years 2003 and 2002

                  (in EUR 1000)

                  2003

                  2002

                  Revenue

                  Commission grants

                  275 280

                  462 804

                  Financial revenue

                  3 955

                  5 978

                  Miscellaneous revenue

                  1 517

                  495

                  Counterpart funds

                  379

                  497

                  Contributions from third parties

                  28 034

                  500

                  Total revenue (a)

                  309 164

                  470 274

                  Expenditure

                  Staff — Title I of the budget

                  Payments

                  17 027

                  17 771

                  Appropriations carried over

                  306

                  206

                  Administration — Title II of the budget

                  Payments

                  5 261

                  6 211

                  Appropriations carried over

                  1 215

                  2 037

                  Operating activities — Title III of the budget

                  Payments

                  69 565

                  138 512

                  Appropriations carried over

                  265 352

                  293 106

                  Total expenditure (b)

                  358 725

                  457 844

                  Outturn for the financial year (a – b) (6)

                  – 49 560

                  12 430

                  Balance carried over from the previous financial year

                  – 112 908

                  – 73 127

                  Payments on the Commission's behalf

                  – 5 231

                  – 25 407

                  Payments to be made on the Commission's behalf

                  – 515

                  0

                  Cancellations of appropriations carried over from previous financial years

                  30 649

                  5 463

                  N –1 appropriations carried over which lapse (Titles I and II)

                  146

                  135

                  Complement: 2001 appropriations carried over

                  0

                  – 32 423

                  Financial revenue to be repaid

                  – 3 955

                  0

                  Counterpart fund adjustments

                  400

                  0

                  Exchange rate differences

                  23

                  22

                  Balance for the financial year

                  – 140 951

                  – 112 908

                     NB: Any discrepancies in totals are due to the effects of rounding.

                     Source: This table summarises the data from the revenue and expenditure account included in the final financial statements of the Agency for the financial year 2003.

            2.   Notes that in 2003 the total portfolio overseen by the EAR was EUR 1 900 million of which 81 % was contracted and 67,5 % disbursed for assistance programmes across its four operational centres (Belgrade, Podgorica, Pristina and Skopje), and that the EAR's total budget for 2003 was EUR 358,6 million, the bulk of which was for assistance programmes, and that out of the EUR 327,8 million of new EC credits received by the EAR in 2003, EUR 62,3 million was for Kosovo, EUR 200 million for Serbia, EUR 12 million for Montenegro and EUR 33,5 million for the Former Yugoslav Republic of Macedonia;
      Implementation of the budget

                  3.

                  Notes the ECA observation on the practice in the Agency's budget, as adopted by the Governing Board, which does not observe the principle of differentiated appropriations, which results in an accounting out-turn for the financial year that bears no relation to the economic reality, and in a cumulative deficit as of 31 December 2003, i.e. EUR 140,95 million, which is largely artificial;

                  4.

                  Notes in the answers of the Agency, that it has now taken steps to clarify the financial presentation of its operation, which results in a consolidated revenue and expenditure account for the whole period 2004, therefore expects that the problem will be solved for the discharge procedure 2004;

                  5.

                  Encourages the Commission and the ECA to reinforce their cooperation with the EAR in this field in order to guarantee its budget implementation efficiency;

            Financial statements

                  6.

                  Notes the ECA's repeated observations on the weaknesses of the Agency's accounting system, in particular the keeping of the general accounts on a single entry basis;

                  7.

                  Welcomes the answer by the Agency, which says it has now fully overcome the weaknesses mentioned by the Court and is now using double entry general accounting system along with the budgetary tool SI2;

                  8.

                  Invites the Commission to undertake all means necessary to allow all Agencies to share as quickly as possible the Commission's new accounting system as introduced on 1 January 2005;

                  9.

                  Expresses its surprise that the ECA has still not received clarification as to the status of funds made available to specialised bodies for the financing of loan programmes in specific fields and invites the Agency to adopt the appropriate solutions as regards the way in which these funds should be recorded in the Agency's financial statements;

                  10.

                  Understands from the Agency that only a minor balance of these funds is still remaining and was almost fully expended at the end of 2004; invites the EAR Director to give a full report to the competent committee on the implementation and efficiency of such loan programmes on the earliest occasion;

                  11.

                  Notes that the Agency has in the meantime reinforced its accounting staff and instruments and hopes that the improvements undertaken in 2004 will put an end to the repetition of negative remarks by the ECA on this issue;

                  12.

                  Is pleased to note that the average time taken by the EAR to make payments for assistance programmes in 2003 was 9 days;

                  13.

                  Notes the specific conditions under which the Agency is operating and expresses its recognition for the achievements of the Agency in the fulfilment of its mandate; calls on the Commission to give the necessary support to the EAR to ensure its full adaptation to the procedures and requirements of the new position of the Agency within the Commission (following enlargement);

                  14.

                  Notes that since 2003 major changes in the tender system have been undertaken, which should guarantee the transparent treatment of each tender;

                  15.

                  Welcomes in this respect the immediate action taken by the Director of the Agency when discovering irregularities in the conclusion of one of the major infrastructure contracts, including the automatic suspension of the person responsible and the transmission of the dossier to OLAF; encourages both the Director and the Commission, as well as the ECA, to go on with this procedure of immediate action and to enhance the required risk analysis in particular as regards sectors with a high risk profile;

                  16.

                  Notes that OLAF found strong evidence that the successful firm received assistance from the Agency employee suspended in connection with the infrastructure contract in question in preparing the documents relating to its bid (7); points out that, under the rules governing calls for tenders, even the attempt by a tenderer to obtain confidential information concerning a call for tenders procedure entails his exclusion from the procedure;

                  17.

                  Fails to understand why, according to information supplied by the Commission (Questions for written answers to Commissioners Michel and Ferrero-Waldner of 3 December 2004) the OLAF final report on this case could not be submitted to members of the Agency's Governing Board; expects this situation to be remedied forthwith so that the Agency's supreme decision-taking body can form a complete picture of events;

                  18.

                  Urges the EAR Director in future to apply Article 103 of the Financial Regulation consistently and to suspend the execution of contracts where serious errors or irregularities or fraud have occurred in the award procedure;

                  19.

                  Calls on the EAR Director, the Commissioner responsible, the ECA and the OLAF Director to inform the European Parliament as soon as possible of such actions and findings;

                  20.

                  Notes the report of the Commission's Internal Audit Service on the activities of the EAR, in line with the request in the European Parliament's 2002 discharge of the Agency;

            Legality and regularity of the underlying transactions

                  21.

                  Notes the ECA's call for a reduction in the number of authorising officers (56 by the end of 2003) and recognises the efforts by the Agency, which limited this number by February 2004 to only 20 delegations and subdelegations, which should allow a proper financial implementation while ensuring an efficient implementation of the actions planned at local level;

                  22.

                  Welcomes the participation of the Agency's Director in the hearing in the context of the discharge procedure 2003 which led to a number of clarifications on the level of its achievements in the implementation of its mandate; expects that the Agency will undertake all the necessary actions to achieve fully sound financial management;

                  23.

                  Recognises the fact that the presence of the EAR's Director before the Committee on Budgetary Control, and on a later occasion before the Committee on Foreign Affairs, has been helpful in clarifying certain issues and providing explanations for certain situations which had been of genuine concern to the European Parliament, in particular, the question of the allocation of tasks between the Commission's ‘deconcentrated’ delegations in the region and the EAR's operational centres;

            General points addressed to the Commission and the Agencies

                  24.

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

                  25.

                  Notes the Commission's position (8) with regard to delegating responsibility for the execution of tasks to bodies, including agencies, other than the Commission's core administration; takes the view that this does not answer Parliament's call for in-depth consideration at interinstitutional level of the structure of existing agencies; therefore invites the Commission to provide clarification on this point and on the future overall Interinstitutional Agreement related to the new arrangements to be set up within or in parallel with the Financial Perspective (9);

                  26.

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

                              (a)

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

                              (b)

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

                              (c)

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

                  27.

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

                  28.

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

                  29.

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

                              (a)

                              increasing communication between the Commission and the Agencies;

                              (b)

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

                              (c)

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

                  30.

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

                  31.

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

            General points addressed to the Agencies

                  32.

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

                  33.

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

                  34.

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

                  35.

                  Calls on the Agencies to ensure that all the relevant provisions of Directive 2002/73/EC of the European Parliament and of the Council of 23 September 2002 amending Council Directive 76/207/EEC on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (10) are introduced in their respective staff policies;

                  36.

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

                  37.

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

                  38.

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

                  39.

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

                  40.

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

                  41.

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

                  42.

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

            General points addressed to the ECA and the Agencies

                  43.

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

                  44.

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

                  45.

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

         (1)  OJ C 41, 17.2.2005, p. 35.

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

         (3)  OJ L 245, 29.9.2003, p. 16.

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

         (5)  OJ L 330, 4.11.2004, p. 1.

         (6)  Calculated according to the principles laid down in Article 15 of Council Regulation (EC, Euratom) No 1150/2000 (OJ L 130, 31.5.2000, p. 1).

         NB: Any discrepancies in totals are due to the effects of rounding.

         Source: This table summarises the data from the revenue and expenditure account included in the final financial statements of the Agency for the financial year 2003.

         (7)  OLAF fifth activity report for the year ending June 2004 (case study, p. 34).

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

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

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


title: 2014/544/EU, Euratom: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the general budget of the European Union for the financial year 2012, Section III — Commission and executive agencies

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/30

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the general budget of the European Union for the financial year 2012, Section III — Commission and executive agencies
   (2014/544/EU, Euratom)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2012 (1),

               —

               having regard to the consolidated annual accounts of the European Union for the financial year 2012 (COM(2013) 570 – C7-0273/2013) (2),

               —

               having regard to the Commission’s report on the follow-up to the discharge for the 2011 financial year (COM(2013) 668), and to the Commission staff working documents accompanying that report (SWD(2013) 348 and SWD(2013) 349),

               —

               having regard to the Commission communication of 5 June 2013 entitled ‘Synthesis of the Commission’s management achievements in 2012’ (COM(2013) 334),

               —

               having regard to the Commission’s report on the evaluation of the Union’s finances based on the results achieved (COM(2013) 461), and to the Commission staff working documents accompanying that report (SWD(2013) 228 and SWD(2013) 229),

               —

               having regard to the Commission’s annual report to the discharge authority on internal audits carried out in 2012 (COM(2013) 606), and to the Commission staff working document accompanying that report (SWD(2013) 314),

               —

               having regard to the Court of Auditors’ Annual Report on the implementation of the budget for the financial year 2012, together with the institutions’ replies (3), and to the Court of Auditors’ special reports,

               —

               having regard to the statement of assurance (4) 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 2012, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council’s recommendation of 18 February 2014 on discharge to be granted to the Commission in respect of the implementation of the budget for the financial year 2012 (05848/2014 – C7-0048/2014),

               —

               having regard to Articles 317, 318 and 319 of the Treaty on the Functioning of the European Union and Article 106a of the Treaty establishing the European Atomic Energy Community,

               —

               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 (5), and in particular Articles 55, 145, 146 and 147 thereof,

               —

               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 (6), and in particular Articles 62, 164, 165 and 166 thereof,

               —

               having regard to Rule 76 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A7-0242/2014),

               A.

               whereas, under Article 17(1) of the Treaty on European Union, the Commission is to execute the budget and manage the programmes and is to do so pursuant to Article 317 of the Treaty on the Functioning of the European Union, in cooperation with the Member States, on its own responsibility, having regard to the principle of sound financial management,

               1.

               Grants the Commission discharge in respect of the implementation of the general budget of the European Union for the financial year 2012;

               2.

               Sets out its observations in the resolution forming an integral part of its decisions on discharge in respect of the implementation of the general budget of the European Union for the financial year 2012, Section III – Commission and executive agencies, and in its resolution of 3 April 2014 on the Court of Auditors’ special reports in the context of the 2012 Commission discharge (7);

               3.

               Instructs its President to forward this decision, and the resolution forming an integral part of it, to the governments and parliaments of the Member States, the Ministers of Finance and Agriculture of the Member-States, the national Courts of Auditors, the Council, the Commission, the Court of Justice of the European Union, the Court of Auditors and the European Investment Bank, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 56, 29.2.2012.

      (2)  OJ C 334, 15.11.2013, p. 1.

      (3)  OJ C 331, 14.11.2013, p. 1.

      (4)  OJ C 331, 14.11.2013, p. 10.

      (5)  OJ L 248, 16.9.2002, p. 1.

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

      (7)  Texts adopted, P7_TA(2014)0288 (see page 69 of this Official Journal).


title: 2014/928/EU: Council Decision of 8 October 2014 on the signing, on behalf of the Union and its Member States, and provisional application of a Protocol amending the Common Aviation Area Agreement between the European Union and its Member States, of the one part, and Georgia, of the other part, to take account of the accession to the European Union of the Republic of Croatia

text:
               19.12.2014

               EN

               Official Journal of the European Union

               L 365/1

         COUNCIL DECISION
   of 8 October 2014
   on the signing, on behalf of the Union and its Member States, and provisional application of a Protocol amending the Common Aviation Area Agreement between the European Union and its Member States, of the one part, and Georgia, of the other part, to take account of the accession to the European Union of the Republic of Croatia

      (2014/928/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(5) thereof,
   Having regard to the Act of Accession of Croatia, and in particular the second subparagraph of Article 6(2) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 14 September 2012, the Council authorised the Commission to open negotiations, on behalf of the Union, its Member States and the Republic of Croatia, to conclude a Protocol amending the Common Aviation Area Agreement between the European Union and its Member States, of the one part, and Georgia, of the other part (1), to take account of the accession to the European Union of the Republic of Croatia (‘the Protocol’).

               (2)

               Those negotiations were successfully completed on 5 December 2013.

               (3)

               The Protocol should be signed on behalf of the Union and its Member States, subject to its conclusion at a later date.

               (4)

               The Protocol should be applied provisionally,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Protocol amending the Common Aviation Area Agreement between the European Union and its Member States, of the one part, and Georgia, of the other part, to take account of the accession to the European Union of the Republic of Croatia, is hereby authorised on behalf of the Union and its Member States, subject to the conclusion of the said Protocol.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union and its Member States.
   Article 3
   The Protocol shall be applied on a provisional basis, in accordance with Article 3(2) thereof, as from the signing thereof by the parties (2), pending its entry into force.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels,8 October 2014.

            For the Council

            The President

         M. LUPI

      (1)  The text of the Agreement is published in OJ L 321, 20.11.2012, p. 3.

      (2)  The date from which the Protocol will be provisionally applied will be published in the Official Journal of the European Union by the General Secretariat of the Council.


title: 2014/584/EU: Decision of the European Parliament of 3 April 2014 on the closure of the accounts of the European Food Safety Authority for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/221

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on the closure of the accounts of the European Food Safety Authority for the financial year 2012
   (2014/584/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Food Safety Authority for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Food Safety Authority for the financial year 2012, together with the Authority’s replies (1),

               —

               having regard to the Council’s recommendation of 18 February 2014 (05849/2014 - C7-0054/2014),

               —

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

               —

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

               —

               having regard to Regulation (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, Euratom) No 178/2002 of the European Parliament and of the Council establishing a European Food Safety Authority (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 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0219/2014),

               1.

               Approves the closure of the accounts of the European Food Safety Authority for the financial year 2012;

               2.

               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 365, 13.12.2013, p. 120.

      (2)  OJ L 248, 16.9.2002, p. 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.


Avis juridique important

|

41989D0452

89/452/EEC, Euratom, ECSC: Decision of the Representatives of the Governments of the Member States of the European Communities of 18 July 1989 appointing the Members of the Court of First Instance of the European Communities

Official Journal L 220 , 29/07/1989 P. 0076 - 0076 Finnish special edition: Chapter 1 Volume 2 P. 0113  Swedish special edition: Chapter 1 Volume 2 P. 0113

*****DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES  of 18 July 1989  appointing the members of the Court of First Instance of the European Communities  (89/452/EEC, Euratom, ECSC)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the Economic and Social Committee, and in particular Article 32d (3) thereof,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 168a (3) thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 140a (3) thereof,  Having regard to Council Decision 88/591/ECSC, EEC, Euratom of 24 October 1988 establishing a Court of First Instance of the European Communities (1),  Whereas the Governments of the Member States should appoint the 12 members of the Court of First Instance of the European Communities by common accord,  HAVE DECIDED AS FOLLOWS:  Sole Article  The following are hereby appointed members of the Court of First Instance as from 1 September 1989:  The Hon. Mr Justice Donal P. M. Barrington  Mr Jacques Biancarelli  Mr Cornelis Paulus Briët  Mr David Alexander Ogilvy Edward  Mr Rafael García-Valdecasas y Fernández  Mr Christos G. Geraris  Mr Heinrich Kirschner  Mr Koenraad Lenaerts  Mr Antonio Saggio  Mr Romain Schintgen  Mr Bo Vesterdorff  Mr José Luis da Cruz Vilaça  The terms of office of six of these members shall be for six years until 31 August 1995; the terms of office of the other six members shall be for three years until 31 August 1992.  The members whose terms of office are to expire at the end of the first three years shall be appointed in accordance with Article 12 of Decision 88/591/ECSC, EEC, Euratom.  Done at Brussels, 18 July 1988  The President  R. DUMAS  (1) OJ No L 319, 25. 11. 1988, p. 1.