title: Council Decision of 4 December 2006 amending Europol's Staff Regulations

text:
               19.12.2006

               EN

               Official Journal of the European Union

               C 311/1

      COUNCIL DECISION

   of 4 December 2006
   amending Europol's Staff Regulations
   (2006/C 311/01)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Convention on the establishment of a European Police Office (‘Europol Convention’) (1), and in particular Article 30(3) thereof,
   Having regard to the initiative by the Republic of Austria (2),
   Having regard to the Opinion of the European Parliament (3),
   Having regard to the Opinion of the Management Board of Europol,
   Whereas:

               (1)

               It is desirable to amend the Staff Regulations applicable to Europol employees, as laid down in the Council Act of 3 December 1998 (4) (hereinafter referred to as the ‘Staff Regulations’), in order to provide for a maximum period of service of nine years under two fixed term contracts for all employees.

               (2)

               It is furthermore desirable to amend the Staff Regulations in order to regulate the employment relationships of the Financial Controller, of the Assistant Financial Controller(s) and of staff working for the Financial Controller's Office, and the employment relationships of the Secretary of the Management Board of Europol and of staff working for the Management Board Secretariat.

               (3)

               It is for the Council, acting unanimously, to lay down the detailed arrangements applicable to Europol employees and make subsequent amendments,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Staff Regulations are hereby amended as follows:

               1)

               The following paragraphs shall be added to Article 1:
               ‘3.   The Staff Regulations shall also apply to the Financial Controller and Assistant Financial Controller(s) of Europol and to staff working for the Financial Controller's Office, without prejudice to the Europol Convention or to the Europol Financial Regulation and as far as not otherwise provided in Appendix 10, which establishes special provisions concerning the Financial Controller, the Assistant Financial Controller(s) and staff working for the Financial Controller's Office.
               4.   The Staff Regulations shall also apply to the Secretary of the Management Board of Europol and to staff working for the Management Board Secretariat, without prejudice to the Europol Convention and as far as not otherwise provided in Appendix 11, which establishes special provisions concerning the Secretary of the Management Board and staff working for the Management Board Secretariat.’;

               2)

               Article 6 shall be replaced by the following:
               ‘Article 6
               All Europol staff, whether recruited to a post which can be filled only by staff engaged from the competent authorities referred to in Article 2(4) of the Europol Convention or whether recruited to a post which is not subject to that restriction, shall initially be engaged for a fixed period of between one and five years.
               First contracts may be renewed. The total length of the fixed-term contracts, including any periods of renewal, shall not be more than nine years.
               Only staff recruited to a post not restricted to staff engaged from the competent authorities referred to in Article 2(4) of the Europol Convention may be engaged for an indefinite period after serving two contracts for a fixed period consistently to a highly satisfactory standard for a minimum period of service of six years.
               The Management Board of Europol shall give its consent on a yearly basis insofar as the Director of Europol intends to grant contracts of indefinite duration. The Management Board may fix ceilings for the total number of such contracts to be granted.’;

               3)

               Article 95 shall be replaced by the following:
               ‘Article 95
               Employment, whether for a fixed or for an indefinite period, may be terminated by Europol without notice:

                           (a)

                           during or at the end of the probationary period in accordance with Article 26;

                           (b)

                           if the official ceases to satisfy the requirements of Article 24(2)(a) and (d); however, if the official ceases to satisfy the requirements of Article 24(2)(d), his contact may be terminated only in accordance with Article 65;

                           (c)

                           if the period of secondment, special leave or temporary outplacement agreed to by the competent authority is terminated in the case of an official occupying a post which can be filled only by staff engaged from the competent authorities referred to in Article 2(4) of the Europol Convention;

                           (d)

                           if the official is unable to resume his duties at the end of a period of paid sick leave as provided for in Article 38. In such a case, the official shall receive an allowance equal to his basic salary, plus family allowances at the rate of two days per month of service completed.’;

               4)

               Article 3(3) of Appendix 2 shall be replaced by the following:
               ‘3.   Without prejudice to the maximum periods of service provided for in Article 6 of the Staff Regulations, for all vacant posts both internal and external applications shall be considered.’;

               5)

               The following appendix shall be added after Appendix 9:

                  ‘APPENDIX 10
                  Special provisions concerning the Financial Controller, the Assistant Financial Controller(s) and staff working for the Financial Controller's Office
                  CHAPTER 1
                  FUNCTION AND DUTIES
                  Article 1
                  1.   The Financial Controller shall be responsible for and shall perform the tasks assigned to him by the Europol Convention and by the Europol Financial Regulation, and all other tasks assigned to the Financial Controller by the Management Board.
                  2.   In accordance with Article 20 of the Europol Financial Regulation, in carrying out his duties, the Financial Controller shall be accountable solely to the Management Board and shall be responsible to it for their performance.
                  3.   The Assistant Financial Controller(s) shall be responsible for and shall perform the tasks assigned to them by the Europol Convention and by the Europol Financial Regulation, and all other tasks assigned to them by the Financial Controller.
                  4.   In carrying out their duties, the Assistant Financial Controller(s) and any additional staff working for the Financial Controller's Office shall be accountable solely to the Management Board and shall be responsible to it for their performance.
                  5.   The Financial Controller and one or more Assistant Financial Controller(s) shall be appointed in accordance with Article 35(7) of the Europol Convention and with the further rules set out in this Appendix.
                  Article 2
                  1.   Unless provided otherwise in this Appendix, where the Staff Regulations provide for the exercise of authority or control by the Director over members of Europol staff, any such provision shall be read, in respect of the Financial Controller, the Assistant Financial Controller(s) and additional staff working for the Financial Controller's Office, as referring to the Chairman of the Management Board.
                  2.   Any decision taken in accordance with this Appendix by the Management Board or by the Chairman of the Management Board that requires legal implementation shall be formalised by the Director, acting as the legal representative of Europol in accordance with Article 29(5) of the Europol Convention.
                  CHAPTER 2
                  ELIGIBILITY AND SELECTION PROCEDURES
                  Article 3
                  In accordance with Article 35(7) of the Europol Convention and Article 20 of the Europol Financial Regulation, the Financial Controller and the Assistant Financial Controller(s) shall be selected from one of the official audit bodies of one of the Member States.
                  Article 4
                  Recruitment for the post of Financial Controller shall be carried out in accordance with Article 35(7) of the Europol Convention and Chapter 3 and Appendix 2 of the Staff Regulations, subject to the following special provisions:

                              (a)

                              a Selection Board shall be set up by the Chairman of the Management Board, which shall consist of the representatives of three Member States, including the Presidency, the others being determined by the drawing of lots by the Management Board; those three members shall elect one of their number as the Chairman of the Selection Board;

                              (b)

                              the advertisement shall be drawn up by the Management Board;

                              (c)

                              the Head of the Human Resources Unit shall act as the Secretary of the Selection Board and shall provide administrative support as required; he shall have no vote in the selection procedure, nor shall he exercise any other influence on the outcome of the procedure;

                              (d)

                              the test(s), if any, shall be prepared exclusively by the members of the Selection Board, who may decide against the need for written test(s); all pre-selected candidates shall be interviewed by the Selection Board;

                              (e)

                              the list of the successful candidates in order of merit drawn up by the Selection Board shall be forwarded to the Chairman of the Management Board;

                              (f)

                              the Management Board shall select the successful candidate by unanimous decision, in accordance with Article 35(7) of the Europol Convention.

                        Article 5
                  Recruitment of one or more Assistant Financial Controller(s) and of staff working for the Financial Controller's office shall be carried out in accordance with Chapter 3 and Appendix 2 of the Staff Regulations and, in respect of the Assistant Financial Controller(s), with Article 35(7) of the Europol Convention, subject to the following special provisions:

                              (a)

                              for the recruitment of an Assistant Financial Controller, a Selection Board shall be set up by the Chairman of the Management Board, which shall consist of the Financial Controller, who shall act as the Chairman of the Selection Board, two representatives of Member States, including the Presidency, the other being determined by the drawing of lots by the Management Board, and the Head of the Human Resources Unit, who shall act as the secretary to the Selection Board; the secretary of the Selection Board shall have no vote in the selection procedure, nor shall he exercise any other influence on the outcome of the selection procedure;

                              (b)

                              for the recruitment of other staff working for the Financial Controller's Office, a Selection Board shall be set up by the Financial Controller, who shall act as the Chairman of the Selection Board, and the Head of the Human Resources Unit, who shall act as the secretary of the Selection Board; the secretary of the Selection Board shall have no vote in the selection procedure, nor shall he exercise any other influence on the outcome of the selection procedure; furthermore the Presidency may, if it so wishes, assign a representative to serve as a member of the Selection Board;

                              (c)

                              the advertisement shall be drawn up by the Selection Board;

                              (d)

                              the test(s) shall be prepared exclusively by the members of the Selection Board, who shall interview all pre-selected candidates;

                              (e)

                              the list of the successful candidates in order of merit drawn up by the Selection Board shall be forwarded to the Chairman of the Management Board;

                              (f)

                              as regards the Assistant Financial Controller(s), the Management Board shall select the successful candidate(s) by unanimous decision, in accordance with Article 35(7) of the Europol Convention and Article 20(1) of the Europol Financial Regulation;

                              (g)

                              as regards other staff working for the Financial Controller's Office, the Chairman of the Management Board shall select the successful candidate.

                        CHAPTER 3
                  TERM OF OFFICE, CONDITIONS OF ENGAGEMENT AND INCOMPATIBILITIES
                  Article 6
                  1.   The initial term of office of the Financial Controller shall be determined by the Management Board by unanimous decision in accordance with Article 6 of the Staff Regulations. The contract may be renewed by unanimous decision of the Management Board in accordance with Article 6 of the Staff Regulations.
                  2.   The initial term of office of the Assistant Financial Controller(s) shall be determined by the Management Board by unanimous decision in accordance with Article 6 of the Staff Regulations. The contract may be renewed by unanimous decision of the Management Board in accordance with Article 6 of the Staff Regulations.
                  3.   The initial term of office of staff working for the Financial Controller shall be determined by the Chairman of the Management Board in accordance with Article 6 of the Staff Regulations. On the basis of advice from the Financial Controller, contracts may be renewed by decision of the Chairman of the Management Board in accordance with Article 6 of the Staff Regulations.
                  Article 7
                  1.   The post of Financial Controller shall be deemed to correspond to that of a Head of Unit in accordance with Article 45 and Appendix 1 of the Staff Regulations.
                  2.   The post of Assistant Financial Controller(s) shall be deemed to correspond to that of First Officer in accordance with Article 45 and Appendix 1 of the Staff Regulations.
                  Article 8
                  1.   The initial salary scale and the incremental point at which the Financial Controller and the Assistant Financial Controller(s) shall be engaged shall be determined by unanimous decision of the Management Board.
                  2.   In the case of the Financial Controller, all the periodical reports and decisions provided for in Chapter 3 of the Staff Regulations shall be made by the Chairman of the Management Board, who shall be assisted to that end by his predecessors as regards previous periods of service.
                  3.   In the case of the Assistant Financial Controller(s), all the periodical reports and decisions provided for in Chapter 3 of the Staff Regulations shall be made by the Financial Controller and shall be subject to confirmation by the Chairman of the Management Board.
                  Article 9
                  1.   The initial salary scale and the incremental point at which staff working for the Financial Controller's Office shall be engaged shall be determined by the Chairman of the Management Board.
                  2.   In the case of staff working for the Financial Controller's Office, on the basis of advice from the Financial Controller, all the periodical reports and decisions provided for in Chapter 3 of the Staff Regulations shall be made by the Financial Controller and confirmed by the Chairman of the Management Board.
                  Article 10
                  Once their terms of office have been completed, neither the Financial Controller nor the Assistant Financial Controller(s) may be recruited for a Europol post subject to the authority of the Director for at least eighteen months.
                  CHAPTER 4
                  TERMINATION OF SERVICE
                  Article 11
                  The service of the Financial Controller or of the Assistant Financial Controller(s) shall be terminated in accordance with Chapter 10 of the Staff Regulations, subject to the following special provisions:

                              (a)

                              any decision to terminate the service of the Financial Controller or of the Assistant Financial Controller(s) shall be taken by the Management Board by unanimous decision;

                              (b)

                              a decision to terminate the service of the Financial Controller or of the Assistant Financial Controller(s) on disciplinary grounds shall take into account the special provisions on disciplinary proceedings set out in Chapter 5 of this Appendix.

                        Article 12
                  The service of staff working for the Financial Controller's Office shall be terminated in accordance with Chapter 10 of the Staff Regulations, subject to the following special provisions:

                              (a)

                              any decision to terminate the service of staff working for the Financial Controller's Office shall be taken by the Chairman of the Management Board, acting on the reasoned advice of the Financial Controller;

                              (b)

                              a decision to terminate the service of staff working for the Financial Controller's Office on disciplinary grounds shall take into account the special provisions on disciplinary proceedings set out in Chapter 5 of this Appendix.

                        CHAPTER 5
                  DISCIPLINARY PROCEEDINGS
                  Article 13
                  Disciplinary proceedings against the Financial Controller and the Assistant Financial Controller(s) shall be carried out in accordance with Article 49(5) of the Financial Regulation and Chapter 8 and Appendix 7 of the Staff Regulations, subject to the following special provisions:

                              (a)

                              a Disciplinary Board shall be set up by the Management Board, which shall consist of the Chairman of the Management Board, who shall serve as the Chairman of the Disciplinary Board, and of representatives of three Member States determined by the drawing of lots by the Management Board; the representatives shall be of higher or comparable rank or level of seniority to the Financial Controller or the Assistant Financial Controller(s); they shall not at the same time be members of the Management Board;

                              (b)

                              a change of Presidency shall not affect the composition of the Disciplinary Board; whenever vacancies arise for other reasons, they shall be filled by the drawing of lots;

                              (c)

                              the Disciplinary Board shall be assisted by a secretary, who may be the Head of the Legal Affairs Unit if that is desired;

                              (d)

                              the Management Board shall have the right to issue a written warning or a reprimand by unanimous decision without consulting the Disciplinary Board, on a proposal from the Chairman of the Management Board or one of its other members; the Financial Controller or the Assistant Financial Controller(s) shall be informed thereof in writing, and shall be heard before any such action is taken;

                              (e)

                              other disciplinary measures shall be ordered by the Management Board by unanimous decision once the disciplinary procedure provided for in this Appendix and in Appendix 7 to the Staff Regulations has been completed; that procedure shall be initiated by the Chairman of the Management Board, once he has heard the Financial Controller or the Assistant Financial Controller(s);

                              (f)

                              the right of suspension provided for in Article 90 of the Staff Regulations and the right to decide on a request for the removal of all references to disciplinary measures from the personal file provided for in Article 91 of the Staff Regulations shall be exercised by the Chairman of the Management Board, who shall consult the members of the Management Board;

                              (g)

                              a report shall be submitted to the Disciplinary Board by the Management Board, stating clearly the facts complained of and, where appropriate, the circumstances in which they arose;

                              (h)

                              at the first meeting of the Disciplinary Board, the members shall appoint one of their number to prepare a general report on the matter;

                              (i)

                              the reasoned opinion of the Disciplinary Board provided for in Article 15 of Appendix 7 shall be sent to the Financial Controller and to the Management Board, which shall take its decision by unanimity within one month of receiving the opinion, after hearing the Financial Controller or the Assistant Financial Controller(s);

                              (j)

                              where there are new facts which are supported by relevant evidence, the disciplinary procedure may be reopened by the Management Board on its own initiative or at the request of the Financial Controller or the Assistant Financial Controller(s).

                        Article 14
                  Disciplinary proceedings against staff working for the Financial Controller's Office shall be carried out in accordance with Chapter 8 and Appendix 7 of the Staff Regulations, subject to the following special provisions:

                              (a)

                              a Disciplinary Board shall be set up by the Management Board, which shall consist of three representatives of Member States determined by the drawing of lots by the Management Board; the representatives shall be of a higher or comparable rank or level of seniority to the member of staff working for the Financial Controller's Office; they shall not at the same time be members of the Management Board; they shall agree that one of their number shall act as Chairman of the Disciplinary Board;

                              (b)

                              a change of Presidency shall not affect the composition of the Disciplinary Board; whenever vacancies arise for other reasons, they shall be filled by the drawing of lots;

                              (c)

                              the Disciplinary Board shall be assisted by a secretary, who may be the Head of the Legal Affairs Unit if that is desired;

                              (d)

                              the Management Board shall have the right to issue a written warning or a reprimand by unanimous decision without consulting the Disciplinary Board, on his own initiative or on a proposal from one of the members of the Management Board; the member of staff working for the Financial Controller's Office shall be informed thereof in writing, and shall be heard before any such action is taken;

                              (e)

                              other disciplinary measures shall be ordered by the Chairman of the Management Board once the disciplinary procedure provided for in this Appendix and in Appendix 7 to the Staff Regulations has been completed; that procedure shall be initiated by the Chairman of the Management Board, once he has heard the member of staff working for the Financial Controller's Office;

                              (f)

                              the right of suspension provided for in Article 90 of the Staff Regulations and the right to decide on a request for the removal of all references to disciplinary measures from the personal file provided for in Article 91 of the Staff Regulations shall be exercised by the Chairman of the Management Board;

                              (g)

                              a report shall be submitted to the Disciplinary Board by the Chairman of the Management Board, stating clearly the facts complained of and, where appropriate, the circumstances in which they arose;

                              (h)

                              at the first meeting of the Disciplinary Board, the members shall appoint one of their number to prepare a general report on the matter;

                              (i)

                              the reasoned opinion of the Disciplinary Board provided for in Article 15 of Appendix 7 shall be sent to the member of staff working for the Financial Controller's Office and to the Chairman of the Management Board, who shall take his decision within one month of receiving the opinion, after hearing the member of staff working for the Financial Controller's Office;

                              (j)

                              where there are new facts which are supported by relevant evidence, the disciplinary procedure may be reopened by the Chairman of the Management Board on his own initiative or at the request of the official concerned.

                        CHAPTER 6
                  LIABILITY
                  Article 15
                  1.   As regards the liability of the Financial Controller and the Assistant Financial Controller(s) under Article 49(5) and (6) of the Financial Regulation, the Financial Controller and the Assistant Financial Controller(s) shall insure themselves against such risks.
                  2.   Europol shall cover the insurance costs relating thereto.
                  CHAPTER 7
                  APPEALS
                  Article 16
                  1.   Complaints by the Financial Controller, an Assistant Financial Controller or a member of staff working for the Financial Controller's Office pursuant to Article 92(2) of the Staff Regulations shall be submitted to, and dealt with by, the authority which took the definitive decision in the matter.
                  2.   Appeals by the Financial Controller, an Assistant Financial Controller or a member of staff working for the Financial Controller's Office pursuant to Article 93 of the Staff Regulations shall lie only if the authority which took the definitive decision in the matter previously had a complaint submitted to it pursuant to paragraph 1 and that complaint was rejected by express decision or implicit decision. However, the person concerned may, after submitting a complaint pursuant to paragraph 1, immediately file an appeal with the Court of Justice of the European Communities, under the conditions laid down in Article 93(4) of the Staff Regulations.
                  CHAPTER 8
                  SPECIAL PROVISIONS CONCERNING THE FINANCIAL CONTROLLER AND TRANSITIONAL PROVISIONS
                  Article 17
                  Where the Financial Controller is unable to exercise his functions for a period of more than one month, or the position of Financial Controller is vacant, his duties shall be performed by an Assistant Financial Controller. For that purpose the Management Board shall indicate the order of replacement whenever an Assistant Financial Controller is appointed.
                  Article 18
                  When decisions concerning the Financial Controller, the Assistant Financial Controller(s) or staff working for the Financial Controller's Office or contractual arrangements concerning a person occupying the post of Financial Controller, Assistant Financial Controller or staff working for the Financial Controller's Office were made before the entry into force of this Appendix, such decisions or contractual arrangements shall continue to apply.’;

               6)

               The following appendix shall be added after Appendix 10:

                  ‘APPENDIX 11
                  Special provisions concerning the Secretary of the Management Board and staff working for the Management Board Secretariat
                  CHAPTER 1
                  FUNCTION AND DUTIES
                  Article 1
                  1.   The Management Board shall be given the support of a Secretary and of additional staff working for the Management Board Secretariat so that it may carry out its duties.
                  2.   In carrying out their duties, the Secretary of the Management Board and staff working for the Management Board Secretariat shall be accountable solely to the Management Board and shall be responsible to it for their performance. However, if authorised by the Management Board in advance, under its authority they may also carry out other duties in the interests of Europol.
                  Article 2
                  1.   Unless provided otherwise in this Appendix, where the Staff Regulations provide for the exercise of authority or control by the Director or by Europol over members of Europol staff, any such provision shall be read, in respect of the Secretary of the Management Board and of staff working for the Management Board Secretariat, as referring to the Chairman of the Management Board.
                  2.   Any decision taken in accordance with this Appendix by the Management Board or by the Chairman of the Management Board that requires legal implementation shall be formalised by the Director, acting as the legal representative of Europol in accordance with Article 29(5) of the Europol Convention.
                  CHAPTER 2
                  ELIGIBILITY AND SELECTION PROCEDURES
                  Article 3
                  The posts of Secretary of the Management Board and of additional staff working for the Management Board Secretariat shall not be restricted to staff engaged from the competent authorities referred to in Article 2(4) of the Europol Convention.
                  Article 4
                  Recruitment for the post of Secretary of the Management Board shall be carried out in accordance with Chapter 3 and Appendix 2 of the Staff Regulations, subject to the following special provisions:

                              (a)

                              a Selection Board shall be set up by the Chairman of the Management Board, which shall consist of the representatives of three Member States, including the Presidency, the others being determined by the drawing of lots by the Management Board; those three members shall elect one of their number as the Chairman of the Selection Board;

                              (b)

                              the advertisement shall be drawn up by the Management Board;

                              (c)

                              the Head of the Human Resources Unit shall act as the secretary of the Selection Board and shall provide administrative support as required; he shall have no vote in the selection procedure, nor shall he exercise any other influence on the outcome of the procedure;

                              (d)

                              the test(s), if any, shall be prepared exclusively by the members of the Selection Board, who may decide against the need for written test(s); all pre-selected candidates shall be interviewed by the Selection Board;

                              (e)

                              the list of the successful candidates in order of merit drawn up by the Selection Board shall be forwarded to the Chairman of the Management Board;

                              (f)

                              the Management Board shall select the successful candidate by majority decision.

                        Article 5
                  Recruitment of staff working for the Management Board Secretariat shall be carried out in accordance with Chapter 3 and Appendix 2 of the Staff Regulations, subject to the following special provisions:

                              (a)

                              for the post of First Officer, a Selection Board shall be set up by the Chairman of the Management Board, which shall consist of the Secretary of the Management Board and two representatives of Member States, including the Presidency, the other being determined by the drawing of lots by the Management Board, one of whom shall serve as the Chairman of the Selection Board, and the Head of the Human Resources Unit, who shall act as the secretary of the Selection Board; the secretary of the Selection Board shall have no vote in the selection procedure, nor shall he exercise any other influence on the outcome of the selection procedure;

                              (b)

                              for any post below First Officer, a Selection Board shall be set up by the Chairman of the Management Board, which shall consist of the Secretary of the Management Board, who shall act as the Chairman of the Selection Board, and the Head of the Human Resources Unit, who shall act as the secretary of the Selection Board; the secretary of the Selection Board shall have no vote in the selection procedure, nor shall he exercise any other influence on the outcome of the selection procedure; furthermore the Presidency may, if it so wishes, assign a representative to serve as a member of the Selection Board;

                              (c)

                              the advertisement shall be drawn up by the Selection Board;

                              (d)

                              the test(s) shall be prepared exclusively by the members of the Selection Board, who shall interview all pre-selected candidates;

                              (e)

                              the list of the successful candidates in order of merit drawn up by the Selection Board shall be forwarded to the Chairman of the Management Board;

                              (f)

                              the Chairman of the Management Board shall select the successful candidate.

                        CHAPTER 3
                  TERM OF OFFICE AND CONDITIONS OF ENGAGEMENT
                  Article 6
                  1.   The initial term of office of the Secretary of the Management Board shall be determined by the Management Board in accordance with Article 6 of the Staff Regulations. The contract may be renewed by the Management Board in accordance with Article 6 of the Staff Regulations.
                  2.   The initial term of office of staff working for the Management Board Secretariat shall be determined by the Chairman of the Management Board in accordance with Article 6 of the Staff Regulations. On the basis of advice from the Secretary of the Management Board, contracts may be renewed by decision of the Chairman of the Management Board in accordance with Article 6 of the Staff Regulations.
                  Article 7
                  The post of Secretary of the Management Board shall be deemed to correspond to that of a Head of Unit in accordance with Article 45 and Appendix 1 of the Staff Regulations.
                  Article 8
                  1.   The initial salary scale and the incremental point at which the Secretary of the Management Board shall be engaged shall be determined by the Management Board.
                  2.   In the case of the Secretary of the Management Board, all the periodical reports provided for in Chapter 3 of the Staff Regulations shall be made by the Chairman of the Management Board, who shall be assisted to that end by the Head of the Human Resources Unit and who shall also prepare the decision of the Management Board on the award of additional incremental points following every two years of service.
                  Article 9
                  1.   The initial salary scale and the incremental point at which staff working for the Management Board Secretariat shall be engaged shall be determined by the Chairman of the Management Board on a proposal from the Selection Board.
                  2.   In the case of staff working for the Management Board Secretariat, on the basis of advice from the Secretary of the Management Board, all the periodical reports provided for in Chapter 3 of the Staff Regulations shall be made by the Chairman of the Management Board, who shall also decide on the award of additional incremental points following every two years of service.
                  CHAPTER 4
                  TERMINATION OF SERVICE
                  Article 10
                  The service of the Secretary of the Management Board shall be terminated in accordance with Chapter 10 of the Staff Regulations, subject to the following special provisions:

                              (a)

                              any decision to terminate the service of the Secretary of the Management Board shall be taken by the Management Board;

                              (b)

                              a decision to terminate the service of the Secretary of the Management Board on disciplinary grounds shall take into account the special provisions on disciplinary proceedings set out in Chapter 5 of this Appendix.

                        Article 11
                  The service of staff working for the Management Board Secretariat shall be terminated in accordance with Chapter 10 of the Staff Regulations, subject to the following special provisions:

                              (a)

                              any decision to terminate the service of staff working for the Management Board Secretariat shall be taken by the Chairman of the Management Board;

                              (b)

                              a decision to terminate the service of staff working for the Management Board Secretariat on disciplinary grounds shall take into account the special provisions on disciplinary proceedings set out in Chapter 5 of this Appendix.

                        CHAPTER 5
                  DISCIPLINARY PROCEEDINGS
                  Article 12
                  Disciplinary proceedings against the Secretary of the Management Board shall be carried out in accordance with Chapter 8 and Appendix 7 of the Staff Regulations, subject to the following special provisions:

                              (a)

                              a Disciplinary Board shall be set up by the Management Board, which shall consist of the Chairman of the Management Board, who shall serve as the Chairman of the Disciplinary Board, and of representatives of three Member States determined by the drawing of lots by the Management Board; the representatives shall be of a higher or comparable rank or level of seniority to the Secretary of the Management Board; they shall not at the same time be members of the Management Board;

                              (b)

                              a change of Presidency shall not affect the composition of the Disciplinary Board; whenever vacancies arise for other reasons, they shall be filled by the drawing of lots;

                              (c)

                              the Disciplinary Board shall be assisted by a secretary, who may be the Head of the Legal Affairs Unit if that is desired;

                              (d)

                              the Management Board shall have the right to issue a written warning or a reprimand by majority decision without consulting the Disciplinary Board, on a proposal from the Chairman of the Management Board or one of its other members; the Secretary of the Management Board shall be informed thereof in writing, and shall be heard before any such action is taken;

                              (e)

                              other disciplinary measures shall be ordered by the Management Board by majority decision once the disciplinary procedure provided for in this Appendix and in Appendix 7 to the Staff Regulations has been completed; that procedure shall be initiated by the Chairman of the Management Board, once he has heard the Secretary of the Management Board;

                              (f)

                              the right of suspension provided for in Article 90 of the Staff Regulations and the right to decide on a request for the removal of all references to disciplinary measures from the personal file provided for in Article 91 of the Staff Regulations shall be exercised by the Chairman of the Management Board, who shall consult the members of the Management Board;

                              (g)

                              a report shall be submitted to the Disciplinary Board by the Management Board, stating clearly the facts complained of and, where appropriate, the circumstances in which they arose;

                              (h)

                              at the first meeting of the Disciplinary Board, the members shall appoint one of their number to prepare a general report on the matter;

                              (i)

                              the reasoned opinion of the Disciplinary Board provided for in Article 15 of Appendix 7 shall be sent to the Secretary of the Management Board and to the Management Board, which shall take its decision by majority within one month of receiving the opinion, after hearing the Secretary of the Management Board;

                              (j)

                              where there are new facts which are supported by relevant evidence, the disciplinary procedure may be reopened by the Management Board on its own initiative or at the request of the Secretary of the Management Board.

                        Article 13
                  Disciplinary proceedings against staff working for the Management Board Secretariat shall be carried out in accordance with Chapter 8 and Appendix 7 of the Staff Regulations, subject to the following special provisions:

                              (a)

                              a Disciplinary Board shall be set up by the Management Board, which shall consist of three representatives of Member States determined by the drawing of lots by the Management Board; the representatives shall be of a higher or comparable rank or level of seniority to the member of staff working for the Management Board; they shall not at the same time be members of the Management Board; they shall agree that one of their number shall act as Chairman of the Disciplinary Board;

                              (b)

                              a change of Presidency shall not affect the composition of the Disciplinary Board; whenever vacancies arise for other reasons, they shall be filled by the drawing of lots;

                              (c)

                              the Disciplinary Board shall be assisted by a secretary, who may be the Head of the Legal Affairs Unit if that is desired;

                              (d)

                              the Chairman of the Management Board shall have the right to issue a written warning or a reprimand without consulting the Disciplinary Board, on his own initiative or on a proposal from one of the members of the Management Board; the member of staff working for the Management Board Secretariat shall be informed thereof in writing, and shall be heard before any such action is taken;

                              (e)

                              other disciplinary measures shall be ordered by the Chairman of the Management Board once the disciplinary procedure provided for in this Appendix and in Appendix 7 to the Staff Regulations has been completed; that procedure shall be initiated by the Chairman of the Management Board, once he has heard the member of staff working for the Management Board Secretariat;

                              (f)

                              the right of suspension provided for in Article 90 of the Staff Regulations and the right to decide on a request for the removal of all references to disciplinary measures from the personal file provided for in Article 91 of the Staff Regulations shall be exercised by the Chairman of the Management Board;

                              (g)

                              a report shall be submitted to the Disciplinary Board by the Chairman of the Management Board, stating clearly the facts complained of and, where appropriate, the circumstances in which they arose;

                              (h)

                              at the first meeting of the Disciplinary Board, the members shall appoint one of their number to prepare a general report on the matter;

                              (i)

                              the reasoned opinion of the Disciplinary Board provided for in Article 15 of Appendix 7 shall be sent to the member of staff working for the Management Board Secretariat and to the Chairman of the Management Board, who shall take his decision within one month of receiving the opinion, after hearing the official concerned;

                              (j)

                              where there are new facts which are supported by relevant evidence, the disciplinary procedure may be reopened by the Chairman of the Management Board on his own initiative or at the request of the official concerned.

                        CHAPTER 6
                  APPEALS
                  Article 14
                  1.   Complaints by the Secretary of the Management Board or a member of staff working for the Management Board Secretariat pursuant to Article 92(2) of the Staff Regulations shall be submitted to, and dealt with by, the authority which took the definitive decision in the matter.
                  2.   Appeals by the Secretary of the Management Board or a member of staff working for the Management Board Secretariat pursuant to Article 93 of the Staff Regulations shall lie only if the authority which took the definitive decision in the matter previously had a complaint submitted to it pursuant to paragraph 1 and that complaint was rejected by express decision or implicit decision. However, the person concerned may, after submitting a complaint pursuant to paragraph 1, immediately file an appeal with the Court of Justice of the European Communities, under the conditions laid down in Article 93(4) of the Staff Regulations.
                  CHAPTER 7
                  TRANSITIONAL PROVISIONS
                  Article 15
                  When decisions of the Management Board or contractual arrangements of a person occupying the post of Secretary of the Management Board or of a member of staff working for the Management Board Secretariat were made before the entry into force of this Appendix, such decisions or contractual arrangements shall continue to apply.’.

         Article 2
   This Decision shall take effect on the day following its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 4 December 2006.

            For the Council

            The President

         L. LUHTANEN

      (1)  OJ C 316, 27.11.1995, p. 2. Convention as last amended by the Protocol of 27 November 2003 (OJ C 2, 6.1.2004, p. 1).

      (2)  OJ C 71, 23.3.2006, p. 16.

      (3)  Opinion delivered on 12 October 2006 (not yet published in the Official Journal).

      (4)  OJ C 26, 30.1.1999, p. 23. Act as last amended by Decision 2006/519/EC (OJ L 203, 26.7.2006, p. 10).


Avis juridique important

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31989D0378

89/378/EEC: Council Decision of 12 June 1989 concerning the conclusion of a Protocol on financial and technical cooperation between the European Economic Community and Malta

Official Journal L 180 , 27/06/1989 P. 0046 - 0046

*****COUNCIL  DECISION  of 12 June 1989  concerning the conclusion of a Protocol on financial and technical cooperation between the European Economic Community and Malta  (89/378/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 238 thereof,  Having regard to the recommendation from the Commission,  Having regard to the assent of the European Parliament (1),  Whereas the Protocol on financial and technical cooperation between the European Economic Community and Malta should be approved,  HAS DECIDED AS FOLLOWS:  Article 1  The Protocol on financial and technical cooperation between the European Economic Community and Malta is hereby approved on behalf of the Community.  The text of the Protocol is attached to this Decision.  Article 2  The President of the Council shall give the notification provided for in Article 21 of the Protocol (2).  Article 3  This Decision shall be published in the Official Journal of the European Communities. It shall take effect on the day of its publication.  Done at Luxembourg, 12 June 1989.  For the Council  The President  F. FERNANDEZ ORDOÑEZ  (1) OJ No C 158, 26. 6. 1989.  (2) The date of entry into force of the Protocol will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


title: 2013/759/EU: Council Decision of 12 December 2013 regarding transitional EDF management measures from 1 January 2014 until the entry into force of the 11th European Development Fund

text:
               14.12.2013

               EN

               Official Journal of the European Union

               L 335/48

         COUNCIL DECISION
   of 12 December 2013
   regarding transitional EDF management measures from 1 January 2014 until the entry into force of the 11th European Development Fund
   (2013/759/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and to the Treaty on the Functioning of the European Union,
   Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific (ACP) Group of States, of the one part and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000,
   Having regard to the Council Decision 2001/822/EC of 27 November 2001 on the association of the Overseas Countries and Territories with the European Community (‘Overseas Association Decision’) (1),
   Having regard to the Internal Agreement between the Representatives of the Governments of the Member States, meeting within the Council, on the financing of Community aid under the multi-annual financial framework for the period 2008 to 2013 in accordance with the ACP-EC Partnership Agreement and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the EC Treaty applies (2) (‘10th EDF Internal Agreement’), and in particular Article 1(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               Article 1(5) of the 10th EDF Internal Agreement provides that the funds of the 10th EDF are no longer to be committed beyond 31 December 2013 unless the Council decides otherwise by unanimity, on a proposal from the Commission.

               (2)

               Paragraph 5 of Annex Ib (Multi-annual financial framework for the period 2008 to 2013) to the ACP-EU Partnership Agreement provides that the funds of the 10th EDF, apart from amounts allocated to the Investment Facility, excluding the related interest rate subsidies, are no longer to be committed beyond 31 December 2013, unless the Council decides otherwise by unanimity, on a proposal from the Commission.

               (3)

               Article 1(2) of Annex IIAa of the Overseas Association Decision provides that the funds of the 10th EDF are no longer to be committed after 31 December 2013, unless the Council decides otherwise by unanimity, on a proposal from the Commission.

               (4)

               Article 13(3) of the 10th EDF Internal Agreement provides that it is concluded for the same duration as the multiannual financial framework of the ACP-EU Partnership Agreement, and that it is to remain in force for as long as is necessary for all the operations financed under the ACP-EU Partnership Agreement and the Overseas Association Decision and that multiannual financial framework to be fully executed.

               (5)

               The organisation and functioning of the European External Action Service are described in Council Decision 2010/427/EU (3).

               (6)

               The entry into force of the 11th EDF may be delayed beyond 1 January 2014. It is therefore appropriate to provide for transitional measures (‘Bridging Facility’) to ensure the availability of funds for cooperation with ACP countries and with Overseas Countries and Territories (OCTs), as well as for support expenditure, between January 2014 and the entry into force of the 11th EDF Internal Agreement, to be financed from balances and decommitted funds of the 10th and previous EDFs,

         HAS ADOPTED THIS DECISION:
   Article 1
   Pending entry into force of the 11th EDF Internal Agreement, transitional measures in the form of action programmes, individual measures and special measures for ACP partners, financing decisions in support of OCTs, and specific action programmes for support expenditure shall be financed from a Bridging Facility, composed of uncommitted balances from the previous EDFs and from funds decommitted from projects or programmes under those EDFs. That Bridging Facility may also cover the grants to finance the interest-rate subsidies and project-related technical assistance allocated to the European Investment Bank as provided for in Articles 1, 2 and 4 of Annex II of the ACP-EU Partnership Agreement and in the Overseas Association Decision. Those transitional financing measures shall be aimed at facilitating the implementation of programming documents and at responding to emergency assistance requirements.
   Funds committed under that Bridging Facility shall be accounted for under the 11th EDF. The shares of Member States’ contributions set out in Article 1(2)(a) of the Internal Agreements of the 8th, 9th and 10th EDF shall be reduced accordingly, after the entry into force of the 11th EDF Internal Agreement.
   Article 2
   For the implementation of the Bridging Facility, Council Regulation (EC) No 617/2007 (4) and Council Regulation (EC) No 215/2008 (5) shall apply.
   Article 3
   The application of this Decision shall be in accordance with Decision 2010/427/EU.
   Article 4
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.
   It shall be applicable from 1 January 2014 until the entry into force of the 11th EDF Internal Agreement.

      Done at Brussels, 12 December 2013.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 314, 30.11.2001, p. 1.

      (2)  OJ L 247, 9.9.2006, p. 32.

      (3)  Council Decision 2010/427/EU of 26 July 2010 establishing the organisation and functioning of the European External Action Service (OJ L 201, 3.8.2010, p. 30).

      (4)  Council Regulation (EC) No 617/2007 of 14 May 2007 on the implementation of the 10th European Development Fund under the ACP-EC Partnership Agreement (OJ L 152, 13.6.2007, p. 1).

      (5)  Council Regulation (EC) No 215/2008 of 18 February 2008 on the Financial Regulation applicable to the 10th European Development Fund (OJ L 78, 19.3.2008, p. 1).


title: Council Decision (EU) 2015/105 of 14 April 2014 on the signing, on behalf of the Union, and provisional application of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, on a Framework Agreement between the European Union and the Republic of Azerbaijan on the general principles for the participation of the Republic of Azerbaijan in Union programmes

text:
               24.1.2015

               EN

               Official Journal of the European Union

               L 19/2

         COUNCIL DECISION (EU) 2015/105
   of 14 April 2014
   on the signing, on behalf of the Union, and provisional application of a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, on a Framework Agreement between the European Union and the Republic of Azerbaijan on the general principles for the participation of the Republic of Azerbaijan in Union programmes
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 212, in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 18 June 2007 the Council authorised the Commission to negotiate a Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part (1), on a Framework Agreement between the European Union and the Republic of Azerbaijan on the general principles for the participation of the Republic of Azerbaijan in Union programmes (‘the Protocol’).

               (2)

               The negotiations have been concluded.

               (3)

               The objective of the Protocol is to lay down the financial and technical rules enabling the Republic of Azerbaijan to participate in certain Union programmes. The horizontal framework established by the Protocol constitutes an economic, financial and technical cooperation measure which allows for access to assistance, in particular financial assistance, to be provided by the Union pursuant to those programmes. That framework applies only to those programmes for which the relevant constitutive legal acts provide for the possibility of the participation of the Republic of Azerbaijan. The signing and provisional application of the Protocol therefore does not entail the exercise of powers under the various sectoral policies pursued by the programmes, which are exercised when establishing the programmes.

               (4)

               The Protocol should be signed on behalf of the Union and it should be applied on a provisional basis pending the completion of the procedures for its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Azerbaijan, of the other part, on a Framework Agreement between the European Union and the Republic of Azerbaijan on the general principles for the participation of the Republic of Azerbaijan in Union programmes (hereinafter referred to as ‘the Protocol’) is hereby authorised, 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.
   Article 3
   The Protocol shall be applied on a provisional basis from the date of its signature (2), pending the procedures necessary for its conclusion.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 14 April 2014.

            For the Council

            The President

         C. ASHTON

      (1)  OJ L 246, 17.9.1999, p. 3.

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


title: Council Decision (EU) 2016/1742 of 20 September 2016 on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Kingdom of Tonga on the short-stay visa waiver

text:
               30.9.2016

               EN

               Official Journal of the European Union

               L 264/23

         COUNCIL DECISION (EU) 2016/1742
   of 20 September 2016
   on the conclusion, on behalf of the European Union, of the Agreement between the European Union and the Kingdom of Tonga on the short-stay visa waiver
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular point (a) of Article 77(2), in conjunction with point (a)(v) of the second subparagraph of Article 218(6), thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament (1),
   Whereas:

               (1)

               The Commission has negotiated on behalf of the European Union an agreement with the Kingdom of Tonga on the short-stay visa waiver (the ‘Agreement’).

               (2)

               In accordance with Council Decision (EU) 2015/2226 (2), the Agreement has been signed and is applied on a provisional basis as from 21 November 2015.

               (3)

               The Agreement sets up a Joint Committee of experts for the management of the Agreement. The Union is to be represented within that Joint Committee by the Commission, which should be assisted by the representatives of the Member States.

               (4)

               This Decision constitutes a development of the provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with Council Decision 2000/365/EC (3); the United Kingdom is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (5)

               This Decision constitutes a development of the provisions of the Schengen acquis in which Ireland does not take part, in accordance with Council Decision 2002/192/EC (4); Ireland is therefore not taking part in the adoption of this Decision and is not bound by it or subject to its application.

               (6)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Kingdom of Tonga on the short-stay visa waiver is hereby approved on behalf of the Union.
   Article 2
   The President of the Council shall give, on behalf of the Union, the notification provided for in Article 8(1) of the Agreement (5).
   Article 3
   The Commission, assisted by the representatives of the Member States, shall represent the Union within the Joint Committee of experts set up pursuant to Article 6 of the Agreement.
   Article 4
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 20 September 2016.

            For the Council

            The President

         I. KORČOK

      (1)  Consent given on 8 June 2016 (not yet published in the Official Journal).

      (2)  Council Decision (EU) 2015/2226 of 26 October 2015 on the signing, on behalf of the European Union, and provisional application of the Agreement between the European Union and the Kingdom of Tonga on the short-stay visa waiver (OJ L 317, 3.12.2015, p. 1).

      (3)  Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis (OJ L 131, 1.6.2000, p. 43).

      (4)  Council Decision 2002/192/EC of 28 February 2002 concerning Ireland's request to take part in some of the provisions of the Schengen acquis (OJ L 64, 7.3.2002, p. 20).

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


title: 2005/49/EC, Euratom: Council Decision of 18 January 2005 concerning the operating rules of the committee provided for in Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice

text:
               25.1.2005

               EN

               Official Journal of the European Union

               L 21/13

      COUNCIL DECISION

   of 18 January 2005
   concerning the operating rules of the committee provided for in Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice
   (2005/49/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to the Treaty establishing the European Atomic Energy Community,
   Having regard to the Protocol on the Statute of the Court of Justice, as amended by Council Decision 2004/752/EC, Euratom, of 2 November 2004 establishing the European Union Civil Service Tribunal (1), and in particular Article 3(3) of Annex I thereto,
   Having regard to the recommendation of the President of the Court of Justice of 2 December 2004,
   Whereas:

               (1)

               Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice provides for the setting up of a committee comprising seven persons chosen from among former members of the Court of Justice and the Court of First Instance and lawyers of recognised competence.

               (2)

               Pursuant to the aforementioned Article 3(3), the operating rules of that committee shall be determined by the Council, acting by a qualified majority on the recommendation of the President of the Court of Justice. This provision should be applied,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The operating rules of the committee provided for in Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice are set out in the Annex to this Decision.
   Article 2
   This Decision shall take effect on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 18 January 2005.

            For the Council

            The President

         J.-C. JUNCKER

      (1)  OJ L 333, 9.11.2004, p. 7.

      ANNEX
      Operating rules of the Committee provided for in Article 3(3) of Annex I to the Protocol on the Statute of the Court of Justice

                  1.

                  The committee shall be composed of seven persons chosen from among former members of the Court of Justice and the Court of First Instance and lawyers of recognised competence.

                  2.

                  Those persons shall be appointed for a period of four years. At the end of that period they may be reappointed.

                  3.

                  The committee shall be presided over by one of its members, nominated for that purpose by the Council.

                  4.

                  The General Secretariat of the Council shall be responsible for the committee’s secretariat. It shall provide the administrative support necessary for the working of the committee, including the translation of documents.

                  5.

                  Meetings of the committee shall be valid if at least five of its members are present.
                  The committee shall adopt decisions by simple majority. If votes are tied, the president’s shall be the casting vote.

                  6.

                  Members of the committee required to travel away from their place of residence in order to carry out their duties shall be entitled to reimbursement of their expenses and an allowance, on the conditions laid down in Article 6 of Regulations No 422/67/EEC and No 5/67/Euratom of the Council determining the emoluments of the President and Members of the Commission, the President, Judges, Advocates-General and Registrar of the Court of Justice and the President, Members and Registrar of the Court of First Instance. (1)

                  The corresponding expenditure shall be borne by the Council.

         (1)  OJ 187, 8.8.1967, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 1292/2004 (OJ L 243, 15.7.2004, p. 23).


title: Council Decision 2013/659/CFSP of 15 November 2013 amending Decision 2010/231/CFSP concerning restrictive measures against Somalia

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 306/15

         COUNCIL DECISION 2013/659/CFSP
   of 15 November 2013
   amending Decision 2010/231/CFSP concerning restrictive measures against Somalia
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, in particular Article 29 thereof,
   Whereas:

               (1)

               On 26 April 2010, the Council adopted Decision 2010/231/CFSP (1) concerning restrictive measures against Somalia and repealing Common Position 2009/138/CFSP.

               (2)

               On 24 July 2013, the United Nations Security Council adopted resolution 2111 (2013) thereby amending the arms embargo imposed by paragraph 5 of resolution 733 (1992) and further elaborated upon by paragraphs 1 and 2 of resolution 1425 (2002), paragraph 12 of resolution 1846 (2008), paragraph 11 of resolution 1851 (2008) and paragraphs 33 to 38 of resolution 2093 (2013).

               (3)

               Decision 2010/231/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/231/CFSP is amended as follows:

               (1)

               Article 1(3) is replaced by the following:
               ‘3.   Paragraphs 1 and 2 shall not apply to:

                           (a)

                           the supply, sale or transfer of arms and related material of all types, and the direct or indirect supply of technical advice, financial and other assistance and training related to military activities, intended solely for the support of or use by United Nations personnel, including the United Nations Assistance Mission in Somalia (UNSOM);

                           (b)

                           the supply, sale or transfer of arms and related material of all types, and the direct or indirect supply of technical advice, financial and other assistance and training related to military activities, intended solely for the support of or use by the African Union Mission in Somalia (AMISOM);

                           (c)

                           the supply, sale or transfer of arms and related material of all types, and the direct or indirect supply of technical advice, financial and other assistance intended solely for the support of, or use by, AMISOM’s strategic partners, operating solely under the African Union Strategic Concept of 5 January 2012 (or subsequent AU strategic concepts), and in cooperation and coordination with AMISOM;

                           (d)

                           the supply, sale or transfer of arms and related material of all types, and the direct or indirect supply of technical advice, financial and other assistance and training related to military activities intended solely for the support of or use by the European Union Training Mission (EUTM) in Somalia;

                           (e)

                           the supply, sale or transfer of arms and related material of all types, and the direct or indirect supply of technical advice, financial and other assistance intended solely for the use of Member States or international, regional and subregional organisations undertaking measures to suppress acts of piracy and armed robbery at sea off the coast of Somalia, upon the request of the Federal Government of Somalia for which it has notified the Secretary-General and provided that any measures undertaken shall be consistent with applicable international humanitarian and human rights law;

                           (f)

                           the supply, sale or transfer of arms and related material of all types and the direct or indirect supply of technical advice, financial and other assistance and training related to military activities intended solely for the development of the Security Forces of the Federal Government of Somalia, and to provide security for the Somali people, except in relation to deliveries of the items set out in Annex II, if a notification to the Sanctions Committee has been made at least five days in advance in accordance with paragraphs 14 and 15 of UNSCR 2111 (2013), including, if appropriate, as set out in paragraph 4 of this Article;

                           (g)

                           the supply, sale or transfer of arms and related material of all types set out in Annex II to the Federal Government of Somalia as approved in advance by the Sanctions Committee on a case-by-case basis;

                           (h)

                           the supply, sale or transfer of protective clothing, including flak jackets and military helmets, temporarily exported to Somalia by United Nations personnel, representatives of the media and humanitarian and development workers and associated personnel for their personal use only;

                           (i)

                           the supply, sale or transfer of non-lethal military equipment intended solely for humanitarian or protective use, notified to the Sanctions Committee five days in advance, and for its information only, by the supplying State, international, regional or subregional organisation;

                           (j)

                           the supply, sale or transfer of arms and related material of all types, and the direct or indirect supply of technical advice, financial and other assistance and training related to military activities by Member States or international, regional and subregional organisations intended solely for the purposes of helping develop Somali security sector institutions, in the absence of a negative decision by the Committee within five working days of receiving a notification of any such assistance from the supplying Member State, international, regional or subregional organisation.’;

               (2)

               the title of Annex II is replaced by the following:
               ‘List of items referred to in points (f) and (g) of Article 1(3)’.

         Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 15 November 2013.

            For the Council

            The President

         R. ŠADŽIUS

      (1)  OJ L 105, 27.4.2010, p. 17.


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32002D0157

2002/157/EC: Commission Decision of 5 February 2002 amending Decision 97/634/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of farmed Atlantic salmon originating in Norway (notified under document number C(2002) 389)

Official Journal L 051 , 22/02/2002 P. 0032 - 0037

Commission Decisionof 5 February 2002amending Decision 97/634/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of farmed Atlantic salmon originating in Norway(notified under document number C(2002) 389)(2002/157/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 2238/2000(2), and in particular Article 8 and Article 11(3) thereof,Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community(3), and in particular Article 13 and Article 19(1) thereof,After consulting the Advisory Committee,Whereas:A. PREVIOUS PROCEDURE(1) Definitive anti-dumping and countervailing duties were imposed on farmed Atlantic salmon originating in Norway by Council Regulations (EC) No 1890/97(4) and (EC) No 1891/97(5). The form of the duties set out in these two Regulations was, however, later reviewed, with both regulations being replaced by Council Regulation (EC) No 772/1999(6), as last amended by Regulation (EC) No 1677/2001(7).(2) At the same time as definitive duties were imposed, individual price undertakings were also accepted from 190 Norwegian exporters by Commission Decision 97/634/EC(8), as last amended by Decision 2001/644/EC(9). By offering undertakings, the companies all agreed to respect certain minimum import prices for their sales of farmed Atlantic salmon originating in Norway and to provide the Commission, within due deadlines, periodic reports of their sales to the Community.(3) However, due to the late receipt by the Commission of one such sales report from the Norwegian exporter Gje-Vi AS, a breach of the terms of the company's undertaking was deemed to have occurred. Acceptance of this company's undertaking was withdrawn by the Commission by Regulation (EC) No 651/98(10), with definitive anti-dumping and countervailing duties imposed in its place by Council Regulation (EC) No 772/98(11).B. REQUEST FOR A REVIEW(4) Gje-Vi AS subsequently made a satisfactory request for a partial interim review pursuant to Article 11(3) of Regulation (EC) No 384/96 and Article 19(1) of Regulation (EC) No 2026/97.(5) The request contained sufficient evidence of a significant change in circumstances which had occurred since the imposition of duties against its exports to the Community. The company therefore wished to offer again a price undertaking and submitted that, in view of these changes, such an undertaking would be both effective and practicable.(6) A Notice of initiation of a partial interim review was published accordingly(12). It should be noted in this regard that the review was limited in scope to an examination of whether a new undertaking can be accepted from the company concerned.C. ACCEPTANCE OF THE UNDERTAKING(7) Details of the procedural aspects and findings of the review investigation are set out fully in Council Regulation (EC) No 322/2002(13).(8) It is the conclusion of the investigation that the circumstances of Gje-Vi AS have indeed changed since the imposition of anti-dumping and countervailing duties against it and that the new undertaking offered by the company can be accepted.(9) In this regard, the undertaking now offered by Gje-Vi AS is identical to those previously accepted from Norwegian companies exporting farmed Atlantic salmon originating in Norway. The company has agreed to respect the minimum import prices laid down therein and to provide the Commission with regular and detailed information concerning its exports to the Community, within specified time limits.(10) As the undertaking can be monitored effectively by the Commission, and it eliminates the injurious effects of dumping and subsidisation, the offer is considered acceptable. The company has been informed of the essential facts, considerations and obligations upon which this acceptance is based.(11) The name of Gje-Vi AS should therefore be added to the list of companies from which undertakings are accepted in the Annex to Decision 97/634/EC.(12) The Advisory Committee has been consulted in this regard and has raised no objections.D. CORRIGENDUM TO DECISION 2001/644/EC(13) During publication of Commission Decision 2001/644/EC(14), the last amendment to Decision 97/634/EC, the name of the Norwegian company, Janas A/S (UT No 1/75, TARIC Additional Code 8177 ) was inadvertently omitted from the list of companies from which undertakings are accepted.(14) Accordingly, the name of this company should be added back into the aforementioned list.E. AMENDMENT OF THE ANNEX TO DECISION 97/634/EC(15) In view of all the above and for the sake of clarity, an updated version of the Annex to Decision 97/634/EC is published herewith, showing all the exporters whose undertakings are currently in force.(16) In parallel to this Decision, the Council, by Regulation (EC) No 322/2002 has extended the exemption to the anti-dumping and countervailing duties to Gje-Vi AS and corrected the error concerning Janas A/S by amending the Annex to Regulation (EC) No 772/1999,HAS DECIDED AS FOLLOWS:Article 1The Annex to Decision 97/634/EC is replaced by the Annex hereto.Article 2This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Communities.Article 3The insertion of Janas A/S into the Annex to Decision 97/634/EC shall apply with effect from 24 August 2001.Done at Brussels, 5 February 2002.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 257, 11.10.2000, p. 2.(3) OJ L 288, 21.10.1997, p. 1.(4) OJ L 267, 30.9.1997, p. 1.(5) OJ L 267, 30.9.1997, p. 19.(6) OJ L 101, 16.4.1999, p. 1.(7) OJ L 227, 23.8.2001, p. 15.(8) OJ L 267, 30.9.1997, p. 81.(9) OJ L 227, 23.8.2001, p. 49.(10) OJ L 88, 24.3.1998, p. 31.(11) OJ L 111, 9.4.1998, p. 10.(12) OJ C 188, 4.7.2001, p. 11.(13) See page 1 of this Official Journal.(14) OJ L 227, 23.8.2001, p. 49.ANNEXLIST OF COMPANIES FROM WHICH UNDERTAKINGS ARE ACCEPTED>TABLE>


title: 2010/795/EU: Council Decision of 14 December 2010 amending the Council’s Rules of Procedure

text:
               22.12.2010

               EN

               Official Journal of the European Union

               L 338/47

         COUNCIL DECISION
   of 14 December 2010
   amending the Council’s Rules of Procedure
   (2010/795/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 240(3) thereof,
   Having regard to Article 2(2) of Annex III to the Council’s Rules of Procedure (1),
   Whereas:

               (1)

               Article 3(3), fourth subparagraph, of the Protocol (No 36) on transitional provisions annexed to the Treaties provides that, until 31 October 2014, when an act is to be adopted by the Council by a qualified majority, and if a member of the Council so requests, it shall be verified that the Member States constituting the qualified majority represent at least 62 % of the total population of the Union calculated according to the population figures set out in Article 1 of Annex III to the Council’s Rules of Procedure (hereinafter ‘Rules of Procedure’).

               (2)

               Article 2(2) of Annex III to the Rules of Procedure provides that, with effect from 1 January each year, the Council, in accordance with the data available to the Statistical Office of the European Union on 30 September of the preceding year, amends the figures set out in Article 1 of that Annex.

               (3)

               The Rules of Procedure should therefore be amended accordingly for 2011,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 1 of Annex III to the Rules of Procedure shall be replaced by the following:

      ‘Article 1
      For the purposes of implementing Article 16(5) of the TEU and Article 3(3) and (4) of the Protocol (No 36) on transitional provisions, the total population of each Member State for the period from 1 January 2011 to 31 December 2011 shall be as follows:

                  Member State

                  Population
                  (× 1 000)

                  Germany

                  81 802,3

                  France

                  64 714,1

                  United Kingdom

                  62 008,0

                  Italy

                  60 340,3

                  Spain

                  45 989,0

                  Poland

                  38 167,3

                  Romania

                  21 462,2

                  Netherlands

                  16 575,0

                  Greece

                  11 305,1

                  Belgium

                  10 827,0

                  Portugal

                  10 637,7

                  Czech Republic

                  10 506,8

                  Hungary

                  10 014,3

                  Sweden

                  9 340,7

                  Austria

                  8 375,3

                  Bulgaria

                  7 563,7

                  Denmark

                  5 534,7

                  Slovakia

                  5 424,9

                  Finland

                  5 351,4

                  Ireland

                  4 467,9

                  Lithuania

                  3 329,0

                  Latvia

                  2 248,4

                  Slovenia

                  2 047,0

                  Estonia

                  1 340,1

                  Cyprus

                  803,1

                  Luxembourg

                  502,1

                  Malta

                  413,0

                  Total

                  501 090,4

                  Threshold (62 %)

                  310 676,1’

   Article 2
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2011.

      Done at Brussels, 14 December 2010.

            For the Council

            The President

         S. VANACKERE

      (1)  Council Decision 2009/937/EU of 1 December 2009 adopting the Council’s Rules of Procedure (OJ L 325, 11.12.2009, p. 35).


title: Council Decision (EU) 2015/798 of 11 May 2015 authorising the European Commission to negotiate, on behalf of the European Union, amendments to the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer

text:
               22.5.2015

               EN

               Official Journal of the European Union

               L 127/19

         COUNCIL DECISION (EU) 2015/798
   of 11 May 2015
   authorising the European Commission to negotiate, on behalf of the European Union, amendments to the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) and Article 218(3) and (4) thereof,
   Having regard to the recommendation from the European Commission,
   Whereas the Commission should be authorised to negotiate, on behalf of the Union, amendments to the Vienna Convention for the Protection of the Ozone Layer (1) and the Montreal Protocol on Substances that Deplete the Ozone Layer (2),
   HAS ADOPTED THIS DECISION:
   Article 1
   The Commission is hereby authorised to negotiate, on behalf of the Union, as regards matters falling within the Union's competence and in respect of which the Union has adopted rules, amendments to the Vienna Convention for the Protection of the Ozone Layer and the Montreal Protocol on Substances that Deplete the Ozone Layer at the Conference of the Parties to that Convention and at the Meetings of the Parties to that Protocol in 2015 and 2016.
   Article 2
   1.   The negotiations shall be conducted by the Commission in consultation with the special committee designated by the Council, and in accordance with the negotiating directives of the Council set out in the Addendum to this Decision.
   2.   The Council may review those negotiating directives at any time. To that effect, the Commission shall report to the Council on the outcome of the negotiations after each negotiating session and, where appropriate, on any problem that may arise during the negotiations.
   Article 3
   To the extent that the subject matter of the amendments referred to in Article 1 falls within the shared competence of the Union and of the Member States, the Commission and the Member States should cooperate closely during the negotiating process, with a view to ensuring unity in the international representation of the Union and its Member States.
   Article 4
   This Decision is addressed to the Commission.

      Done at Brussels, 11 May 2015.

            For the Council

            The President

         J. DŪKLAVS

      (1)  OJ L 297, 31.10.1988, p. 10.

      (2)  OJ L 297, 31.10.1988, p. 21.


title: 2013/612/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the European GNSS Agency for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/312

      DECISION OF THE EUROPEAN PARLIAMENT

   of 17 April 2013
   on the closure of the accounts of Eurojust for the financial year 2011
   (2013/605/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of Eurojust for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of Eurojust for the financial year 2011, together with Eurojust’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 — C7-0041/2013),

               —

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

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (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 Council Decision 2002/187/JHA of 28 February 2002 setting up Eurojust with a view to reinforcing the fight against serious crime (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), and in particular Article 94 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0072/2013),

               1.

               Approves the closure of the accounts of Eurojust for the financial year 2011;

               2.

               Instructs its President to forward this Decision to the Administrative Director of Eurojust, 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 388, 15.12.2012, p. 180.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 63, 6.3.2002, p. 1.

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


title: Decision (EU, Euratom) 2016/1201 of the European Parliament, the Council and the Commission of 13 July 2016 appointing the members of the Supervisory Committee of the European Anti-Fraud Office (OLAF)

text:
               23.7.2016

               EN

               Official Journal of the European Union

               L 198/40

         DECISION (EU, Euratom) 2016/1201 OF THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE COMMISSION
   of 13 July 2016
   appointing the members of the Supervisory Committee of the European Anti-Fraud Office (OLAF)
   THE EUROPEAN PARLIAMENT, THE COUNCIL AND THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Treaty establishing the European Atomic Energy Community,
   Having regard to Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 (1), and in particular Article 15(2) of this Regulation.
   Whereas:

               (1)

               Article 15(2) of Regulation (EU, Euratom) No 883/2013 provides that the Supervisory Committee of the European Anti-Fraud Office (OLAF) shall be composed of five independent members having experience in senior judicial or investigative functions or comparable functions relating to the areas of activity of the Office. They shall be appointed by common accord of the European Parliament, the Council and the Commission. The decision appointing the members of the Supervisory Committee shall also include a reserve list of potential members to replace members of the Supervisory Committee for the remainder of their term of office in the event of the resignation, death or permanent incapacity of one or more of those members.

               (2)

               According to Article 15(3), the term of office of the members of the Supervisory Committee shall be five years and shall not be renewable. Three and two members shall be replaced alternately in order to preserve the Supervisory Committee's expertise.

               (3)

               According to Article 21(2), the duties of two members of the Supervisory Committee, chosen by lot, are to end, by way of derogation from the first sentence of Article 15(3), upon the expiry of the first 36 months of their term of office. Therefore, the duties of two members appointed with effect from 23 January 2012 ended on 22 January 2015. In accordance with Article 15(4) of the Regulation (EU, Euratom) No 883/2013, these members remained in office after the expiry of their term of office, pending completion of the process of appointment of new members of the Supervisory Committee. New members should therefore be appointed to replace these two members.

               (4)

               Following a selection procedure, the European Parliament, the Council and the Commission are satisfied that the persons to be appointed as members and potential members of the Supervisory Committee fulfil the requirements of independence and experience in senior judicial or investigative functions or comparable functions relating to the areas of activity of the European Anti-Fraud Office (OLAF) laid down in Article 15(2) of Regulation (EU, Euratom) No 883/2013,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   1.   The following persons are hereby appointed as members of the Supervisory Committee of the European Anti-Fraud Office (OLAF) as from the day of entry into force of this decision:

               —

               Ms Colette DRINAN,

               —

               Ms Grażyna Maria STRONIKOWSKA.

         2.   The following persons are hereby appointed as members of the Supervisory Committee of the European Anti-Fraud Office (OLAF) as from 23 January 2017:

               —

               Ms Maria Helena Pereira Loureiro Correia FAZENDA,

               —

               Mr Petr KLEMENT,

               —

               Mr Jan MULDER.

         3.   Should any of the above persons resign from the Supervisory Committee, die or become permanently incapacitated, he or she shall immediately be replaced for the remainder of the term of office by the first named person on the following list who has not yet replaced a member of the Supervisory Committee:

               —

               Mr Rafael MUÑOZ LÓPEZ-CARMONA,

               —

               Ms Anca JURMA,

               —

               Ms Dobrinka MIHAYLOVA,

               —

               Mr Gerhard JAROSCH,

               —

               Ms Kalliopi THEOLOGITOU,

               —

               Mr Antonio BALSAMO,

               —

               Mr Angelo Maria QUAGLINI.

         Article 2
   In carrying out their duties, the Members of the Supervisory Committee shall neither seek nor take instructions from any government or any institution, body, office or agency.
   They shall not deal with a matter in which, directly or indirectly, they have any personal interest such as to impair their independence, and, in particular, family and financial interests.
   The members of the Supervisory Committee shall be bound by an obligation of professional secrecy in the exercise of their functions, and shall continue to be bound by that obligation after the end of their mandate.
   Article 3
   Members of the Supervisory Committee shall be reimbursed for expenses they may incur in the course of their duties, and shall receive a daily payment for each day spent on those duties. The amount of that payment and the procedure for reimbursement shall be determined by the Commission.
   Article 4
   The Commission shall inform the above persons of this Decision, and shall immediately inform any person replacing a member of the Supervisory Committee pursuant to Article 1(3).
   Article 5
   The Decision shall enter into force on 13 July 2016.

      Done at Brussels, 13 July 2016.

            For the European Parliament

            The President

         Martin SCHULZ

            For the Council

            The President

         Peter KAŽIMÍR

            For the Commission

            Vice-President

         Kristalina GEORGIEVA

      (1)  OJ L 248, 18.9.2013, p. 1.