Avis juridique important

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32003D0548

2003/548/EC: Commission Decision of 24 July 2003 on the minimum set of leased lines with harmonised characteristics and associated standards referred to in Article 18 of the Universal Service Directive

Official Journal L 186 , 25/07/2003 P. 0043 - 0045

Commission Decisionof 24 July 2003on the minimum set of leased lines with harmonised characteristics and associated standards referred to in Article 18 of the Universal Service Directive(2003/548/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on universal service and users' rights relating to electronic communications networks and services (Universal Service Directive)(1) and in particular Article 18(3) thereof,Whereas:(1) Article 18(3) of the Universal Service Directive provides for the publication of the minimum set of leased lines with harmonised characteristics and associated standards to be published in the Official Journal of the European Union as part of the list of standards referred to in Article 17 of Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive)(2).(2) The minimum set of leased lines was defined in Annex II to Council Directive 92/44/EEC of 5 June 1992 on the application of open network provision (ONP) to leased lines(3), as last amended by Commission Decision 98/80/EC(4). That Directive was repealed with effect from 25 July 2003 by the Framework Directive.(3) This Decision provides continuity of the legal basis for the minimum set of leased lines, for the purpose of implementation of the relevant provisions in the Framework Directive and the Universal Service Directive. The minimum set of leased lines in this Decision is the same as that in Directive 92/44/EEC, except that the references to European Telecommunications Standards (ETSs) have been replaced by references to European Standards (EN), as agreed by the European Telecommunications Standards Institute in 2001. However, leased lines that comply with the previous ETS standards should continue to be deemed in accordance with the requirements for the minimum set of leased lines.(4) This Decision identifies the minimum set of leased lines with harmonised characteristics and associated standards and forms an integral part of the list of standards published in accordance with Article 17 of the Framework Directive 2002/21/EC. The current version of the list of standards, only containing voluntary provisions, was published in the Official Journal of the European Union in December 2002(5). For reasons of differences in procedure and in legal effect, it is appropriate to distinguish the chapters of the list of standards that include mandatory provisions in this Decision from those chapters that only include voluntary provisions.(5) The measures provided for in this Decision are in accordance with the opinion of the Communications Committee,HAS DECIDED AS FOLLOWS:Sole ArticleThe minimum set of leased lines with harmonised characteristics and associated standards are set out in the Annex.Done at Brussels, 24 July 2003.For the CommissionErkki LiikanenMember of the Commission(1) OJ L 108, 24.4.2002, p. 51.(2) OJ L 108, 24.4.2002, p. 33.(3) OJ L 165, 19.6.1992, p. 27.(4) OJ L 14, 20.1.1998, p. 27.(5) OJ C 331, 31.12.2002, p. 32.ANNEXLIST OF STANDARDS AND/OR SPECIFICATIONS FOR ELECTRONIC COMMUNICATIONS NETWORKS, SERVICES AND ASSOCIATED FACILITIES AND SERVICESMandatory partIdentification of the minimum set of leased lines1. PurposeThis publication identifies the minimum set of leased lines with harmonised characteristics and associated standards referred to in Article 18 of Directive 2002/22/EC (Universal Service Directive).This list forms part of the list of standards referred to in Article 17 of Directive 2002/21/EC (the Framework Directive).This publication is in addition to the list of standards and/or specifications for electronic communications networks, services and associated facilities and services published in the Official Journal of the European Communities in December 2002(1).2. Technical StandardsThe standards mentioned in this publication are ETSI deliverables under the current ETSI nomenclature. According to the "ETSI Directives"(2), these deliverables are defined as follows:European Standard (telecommunications series), EN: An ETSI deliverable containing normative provisions, approved for publication in a process involving the National Standards Organisations and/or ETSI National Delegations with implications concerning standstill and national transposition.Harmonised Standard: An EN (telecommunications series) the drafting of which has been entrusted to ETSI by a mandate from the European Commission pursuant to Directive 98/48/EC (latest amendment to Council Directive 83/189/EEC) and has been drafted taking into account the applicable essential requirements of the "New Approach" Directive and whose reference has subsequently been announced in the Official Journal of the European Communities.The version of the standards referred to in this list is the version valid at the time that the list is published.3. Addresses where documents referenced can be obtainedETSI Publications Office(3)>TABLE>4. References to EU legislationThe list refers to the following legislative documents which may be found at http://europa.eu.int/ information_society/topics/ telecoms/regulatory/index_en.htm- Directive 2002/21/EC of the European Parliament and of the Council of 7 March 2002 on a common regulatory framework for electronic communications networks and services (Framework Directive) (OJ L 108, 24.4.2002, p. 33).- Directive 2002/22/EC of the European Parliament and of the Council of 7 March 2002 on Universal service and users' rights relating to electronic communications networks and services (Universal Service Directive) (OJ L 108, 24.4.2002, p. 51).Identification of the minimum set of leased lines with harmonised characteristics and associated standardsANALOGUE LEASED LINES>TABLE>DIGITAL LEASED LINES>TABLE>(1) OJ C 331, 31.12.2002, p. 32.(2) Available at http://portal.etsi.org/directives/.(3) ETSI documents can be downloaded from the ETSI Publications Download Area (http://pda.etsi.org/pda/ queryform.asp).


title: Council Decision (CFSP) 2015/485 of 20 March 2015 extending the mandate of the European Union Special Representative in Kosovo

text:
               21.3.2015

               EN

               Official Journal of the European Union

               L 77/12

         COUNCIL DECISION (CFSP) 2015/485
   of 20 March 2015
   extending the mandate of the European Union Special Representative in Kosovo (1)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 33 and Article 31(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 25 January 2012, the Council adopted Decision 2012/39/CFSP (2) appointing Mr Samuel ŽBOGAR as the European Union Special Representative (EUSR) in Kosovo. The mandate of the EUSR was last amended by Council Decision 2014/400/CFSP (3). The mandate of the EUSR is to expire on 28 February 2015.

               (2)

               The mandate of the EUSR should be extended for a further period of eight months.

               (3)

               The EUSR will implement the mandate in the context of a situation which may deteriorate and could impede the achievement of the objectives of the Union's external action as set out in Article 21 of the Treaty on European Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   European Union Special Representative
   The mandate of Mr Samuel ŽBOGAR as the European Union Special Representative (EUSR) is hereby extended until 31 October 2015. The Council may decide that the mandate of the EUSR be terminated earlier, based on an assessment by the Political and Security Committee (PSC) and a proposal from the High Representative of the Union for Foreign Affairs and Security Policy (HR).
   Article 2
   Policy objectives
   The mandate of the EUSR shall be based on the policy objectives of the Union in Kosovo. These include playing a leading role in promoting a stable, viable, peaceful, democratic and multi-ethnic Kosovo; strengthening stability in the region and contributing to regional cooperation and good neighbourly relations in the Western Balkans; promoting a Kosovo that is committed to the rule of law and to the protection of minorities and of cultural and religious heritage; supporting Kosovo's progress towards the Union in accordance with the European perspective of the region and in line with the relevant Council Conclusions.
   Article 3
   Mandate
   In order to achieve the policy objectives, the mandate of the EUSR shall be to:

               (a)

               offer the Union's advice and support in the political process;

               (b)

               promote overall Union political coordination in Kosovo;

               (c)

               strengthen the presence of the Union in Kosovo and ensure its coherence and effectiveness;

               (d)

               provide local political guidance to the Head of the European Union Rule of Law Mission in Kosovo (EULEX Kosovo), including on the political aspects of issues relating to executive responsibilities;

               (e)

               ensure consistency and coherence of Union action in Kosovo, including in guiding locally the EULEX transition;

               (f)

               support Kosovo's progress towards the Union, in accordance with the European perspective of the region, through targeted public communication and Union outreach activities designed to ensure a broader understanding and support from the Kosovo public on issues related to the Union, including the work of EULEX;

               (g)

               monitor, assist and facilitate progress on political, economic and European priorities, in line with respective institutional competencies and responsibilities;

               (h)

               contribute to the development and consolidation of respect for human rights and fundamental freedoms in Kosovo, including with regard to women and children and protection of minorities, in accordance with the Union's human rights policy and Union Guidelines on Human Rights;

               (i)

               assist in the implementation of the Belgrade-Pristina dialogue facilitated by the Union.

         Article 4
   Implementation of the mandate
   1.   The EUSR shall be responsible for the implementation of the mandate, acting under the authority of the HR.
   2.   The PSC shall maintain a privileged link with the EUSR and shall be the EUSR's primary point of contact with the Council. The PSC shall provide the EUSR with strategic guidance and political direction within the framework of the mandate, without prejudice to the powers of the HR.
   3.   The EUSR shall work in close coordination with the European External Action Service (EEAS) and its relevant departments.
   Article 5
   Financing
   1.   The financial reference amount intended to cover the expenditure related to the mandate of the EUSR during the period from 1 March 2015 to 31 October 2015 shall be EUR 1 520 000.
   2.   The expenditure shall be managed in accordance with the procedures and rules applicable to the general budget of the Union. Nationals of the countries of the Western Balkans region shall be allowed to tender for contracts.
   3.   The management of the expenditure shall be subject to a contract between the EUSR and the Commission. The EUSR shall be accountable to the Commission for all expenditure.
   Article 6
   Constitution and composition of the team
   1.   A dedicated staff shall be assigned to assist the EUSR to implement his mandate and to contribute to the coherence, visibility and effectiveness of Union action in Kosovo overall. Within the limits of his mandate and the corresponding financial means made available, the EUSR shall be responsible for constituting his team. The team shall include the expertise on specific policy issues as required by the mandate. The EUSR shall keep the Council and the Commission promptly informed of the composition of his team.
   2.   Member States, institutions of the Union and the EEAS may propose the secondment of staff to work with the EUSR. The salary of such seconded personnel shall be covered by the Member State, the institution of the Union concerned or the EEAS, respectively. Experts seconded by Member States to the institutions of the Union or the EEAS may also be posted to work with the EUSR. International contracted staff shall have the nationality of a Member State.
   3.   All seconded personnel shall remain under the administrative authority of the sending Member State, institution of the Union or the EEAS and shall carry out their duties and act in the interest of the mandate of the EUSR.
   Article 7
   Privileges and immunities of the EUSR and his staff
   The privileges, immunities and further guarantees necessary for the completion and smooth functioning of the mission of the EUSR and the members of his staff shall be agreed with the host parties, as appropriate. Member States and the EEAS shall grant all necessary support to such effect.
   Article 8
   Security of EU classified information
   1.   The EUSR and the members of the EUSR's team shall respect the security principles and minimum standards established by Council Decision 2013/488/EU (4).
   2.   The HR shall be authorised to release to NATO/KFOR EU classified information and documents up to the level ‘Confidentiel UE/EU Confidential’ generated for the purposes of the action, in accordance with the security rules for protecting EU classified information.
   3.   The HR shall be authorised to release to the United Nations (UN) and the Organisation for Security and Cooperation in Europe (OSCE), in accordance with the operational needs of the EUSR, EU classified information and documents up to the level ‘Restreint UE/EU Restricted’ which are generated for the purposes of the action, in accordance with the security rules for protecting EU classified information. Local arrangements shall be drawn up for this purpose.
   4.   The HR shall be authorised to release to third parties associated with this Decision EU non-classified documents related to the deliberations of the Council with regard to the action covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council's Rules of Procedure (5).
   Article 9
   Access to information and logistical support
   1.   Member States, the Commission and the General Secretariat of the Council shall ensure that the EUSR is given access to any relevant information.
   2.   The Union delegation and/or Member States, as appropriate, shall provide logistical support in the region.
   Article 10
   Security
   In accordance with the Union's policy on the security of personnel deployed outside the Union in an operational capacity under Title V of the Treaty, the EUSR shall take all reasonably practicable measures, in accordance with the mandate of the EUSR and the security situation in the area of responsibility, for the security of all personnel under the direct authority of the EUSR, in particular by:

               (a)

               establishing a specific security plan based on guidance from the EEAS, including specific physical, organisational and procedural security measures, governing management of the secure movement of personnel to, and within, the area of responsibility, as well as management of security incidents and an office contingency and evacuation plan;

               (b)

               ensuring that all personnel deployed outside the Union are covered by high risk insurance as required by the conditions in the area of responsibility;

               (c)

               ensuring that all members of the EUSR's team to be deployed outside the Union, including locally contracted personnel, have received appropriate security training before or upon arriving in the area of responsibility, based on the risk ratings assigned to that area;

               (d)

               ensuring that all agreed recommendations made following regular security assessments are implemented, and providing the Council, the HR and the Commission with written reports on their implementation and on other security issues within the framework of the progress and mandate implementation reports.

         Article 11
   Reporting
   The EUSR shall regularly provide the HR and the PSC with reports. The EUSR shall also report to Council working parties, as necessary. Regular reports shall be circulated through the COREU network. The EUSR may also provide the Foreign Affairs Council with reports. In accordance with Article 36 of the Treaty, the EUSR may be involved in briefing the European Parliament.
   Article 12
   Coordination
   1.   The EUSR shall contribute to the unity, consistency and effectiveness of the Union's action and shall help ensure that all Union instruments and Member States' actions are engaged consistently, to attain the Union's policy objectives. The activities of the EUSR shall be coordinated with those of the Commission, as well as those of other EUSRs active in the region, as appropriate. The EUSR shall provide regular briefings to Member States' missions and Union delegations.
   2.   In the field, close liaison shall be maintained with the Member States' Heads of Mission and the Heads of Union delegations in the region. They shall make every effort to assist the EUSR in the implementation of the mandate. The EUSR shall provide local political guidance to the Head of EULEX Kosovo, including on the political aspects of issues relating to executive responsibilities. The EUSR and the Civilian Operation Commander shall consult each other as required.
   3.   The EUSR shall also liaise with relevant local bodies and other international and regional actors in the field.
   4.   The EUSR, with other Union actors present in the field, shall ensure the dissemination and sharing of information among Union actors in theatre with a view to achieving a high degree of common situation awareness and assessment.
   Article 13
   Assistance in relation to claims
   The EUSR and the EUSR's staff shall assist in providing elements to respond to any claims and obligations arising from the mandates of the previous EUSRs in Kosovo, and shall provide administrative assistance and access to relevant files for such purposes.
   Article 14
   Review
   The implementation of this Decision and its consistency with other contributions from the Union to the region shall be kept under regular review. The EUSR shall present the Council, the HR and the Commission with a comprehensive mandate implementation report by the end of August 2015.
   Article 15
   Entry into force
   This Decision shall enter into force on the day of its adoption.
   It shall apply from 1 March 2015.

      Done at Brussels, 20 March 2015.

            For the Council

            The President

         E. RINKĒVIČS

      (1)  This designation is without prejudice to positions on status, and is in line with UNSCR 1244/1999 and the ICJ Opinion on the Kosovo declaration of independence.

      (2)  Council Decision 2012/39/CFSP of 25 January 2012 appointing the European Union Special Representative in Kosovo (OJ L 23, 26.1.2012, p. 5).

      (3)  Council Decision 2014/400/CFSP of 26 June 2014 extending the mandate of the European Union Special Representative in Kosovo (OJ L 188, 27.6.2014, p. 68).

      (4)  Council Decision 2013/488/EU of 23 September 2013 on the security rules for protecting EU classified information (OJ L 274, 15.10.2013, p. 1).

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


Avis juridique important

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31994D0781

94/781/EC: Council Decision of 5 December 1994 appointing an alternate member of the Committee of the Regions

Official Journal L 316 , 09/12/1994 P. 0041 - 0041 Finnish special edition: Chapter 1 Volume 3 P. 0216  Swedish special edition: Chapter 1 Volume 3 P. 0216

COUNCIL DECISION of 5 December 1994 appointing an alternate member of the Committee of the Regions (94/781/EC)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,  Having regard to the Council Decision of 26 January 1994 appointing the members and alternate members of the Committee of the Regions for the period 26 January 1994 to 25 January 1998 (1),  Whereas a seat of alternate member on the Committee has become vacant following the resignation of Mr Jérôme Polvérini, which was brought to the Council's attention on 27 October 1994;  Having regard to the proposal from the French Government,  HAS DECIDED AS FOLLOWS:   Sole Article  Mr Emile Mocchi is hereby appointed an alternate member of the Committee of the Regions in place of Mr Jérôme Polvérini for the remainder of his term of office, which expires on 25 January 1998.  Done at Brussels, 5 December 1994.  For the Council The President Th. WAIGEL  (1) OJ No L 31, 4. 2. 1994, p. 29.


Avis juridique important

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41999D0018

The Schengen acquis - Decision of the Executive Committee of 28 April 1999 on the improvement of police cooperation in preventing and detecting criminal offences (SCH/Com-ex (99) 18)

Official Journal L 239 , 22/09/2000 P. 0421 - 0423

DECISION OF THE EXECUTIVE COMMITTEEof 28 April 1999on the improvement of police cooperation in preventing and detecting criminal offences(SCH/Com-ex (99) 18)THE EXECUTIVE COMMITTEE,Having regard to Article 132 of the Agreement implementing the Schengen Convention,Having regard to Article 39 of the abovementioned Convention,Desiring to continue efforts to improve the conditions for cross-border police cooperation,Taking account of the Executive Committee Decision of 16 December 1998 (Doc. SCH/Com-ex (98)51 Rev 3),HAS DECIDED AS FOLLOWS:The principles governing police cooperation in preventing and investigating criminal offences as set out in the Presidency's note (Doc. SCH/I (98)75 Rev 5) of 28 April 1999 are hereby approved.Luxembourg, 28 April 1999.The PresidentC. H. SchapperSubject: Application of Article 39 of the Convention: improving police cooperation in preventing and investigating criminal offencesSCH/I (98)75 Rev. 5The German Presidency is striving to improve police cooperation between the Contracting States in investigating criminal offences. At Group I's meeting on 14 September 1998, the Presidency submitted a note setting out the problems and possible solutions (SCH/I (98)55 Rev.).All delegations agreed that much could be done to alleviate the shortcomings in police cooperation in the area of investigating criminal offences if the provisions of the Schengen Convention were given a uniform interpretation and applied on the basis of its objectives.The Contracting States agree that improved police cooperation in criminal investigation must not prejudice the powers of the judicial authorities.The following solutions are feasible in the short-term:1. ListFor the purpose of applying Article 39 of the Schengen Convention and improving the investigation and prevention of criminal offences, the police forces of the Schengen States may exchange information provided that:- information exchange does not require the use of coercive measures,- information exchange is admissible under the domestic law of the requested Contracting State and the activities to be carried out are not solely the preserve of the judicial authorities or require their consent.Improvements in investigating and preventing crime will be achieved by means of cooperation between the police forces of the Schengen States without the involvement of the judicial authorities when grounds for suspicion or concrete dangers arise, notably via steps such as those listed below. This list is not exhaustive and the implementation of the steps mentioned is subject to their admissibility under the national law of the requested and requesting State:- identification of vehicle owners and drivers,- driver's licence enquiries,- tracing whereabouts and residence,- identification of telecommunications subscribers (telephone, fax and Internet), provided this information is publicly available,- obtaining information from the persons concerned by the police on a voluntary basis(1),- identification of persons,- transmission of police intelligence from police databases or files, subject to compliance with the relevant legal provisions governing data protection,- preparation of plans and coordination of search measures and the initiation of emergency searches (independently of SIS searches),- tracing the origins of goods, particularly weapons and vehicles (tracing sales channels),- examination of evidence (such as vehicle damage after hit and run accidents, erasures in documents, etc.).Schengen States may in accordance with Article 39 of the Schengen Convention agree with individual or all Contracting Parties to lay down additional areas in which the police can provide mutual assistance without involving the judicial authorities2. Application of the judicial consent proviso (Article 39(2))The prompt use of information as evidence in criminal proceedings is only possible if the requested Contracting State does not require formal letters rogatory in addition to the police request. The scant resources of the authorities responsible for criminal prosecution must be deployed to deal with the urgent problems of crime prevention and not unnecessarily constrained by the consent requirement.At no point does Article 39(2) stipulate that authorisation must be obtained from the judicial authorities in order to introduce documents as evidence. The procedure for obtaining authorisation is therefore a matter for the Contracting States to determine.The Schengen States agree that the police forces and judicial authorities may transmit requests for authorisation and the documents resulting from dealing with such requests by any means that allow swift transmission, provided the transmission provides a written trace of the document's author, (for example telefax, e-mail).3. Simplification of proceduresCriminal investigations, particularly in emergencies, can also be accelerated by simplifying procedures. This is exemplified in the bilateral arrangements between two Schengen States whereby, at the instigation of the judicial authorities, the police authorities cooperate directly by assisting each other with police interviews, searches and the seizure of objects when a delay would be dangerous.The Contracting States will look at the experiences gained with this or similar agreements to determine whether appropriate Schengen-wide procedures can be devised.(1) Under the national law of Austria, Germany and the Netherlands, the principle of voluntary police interviews applies.


title: Decision No U2 of 12 June 2009 concerning the scope of Article 65(2) of Regulation (EC) No 883/2004 of the European Parliament and of the Council on the right to unemployment benefits of wholly unemployed persons other than frontier workers who were resident in the territory of a Member State other than the competent Member State during their last period of employment or self-employment (Text of relevance to the EEA and to the EC/Switzerland Agreement)

text:
               24.4.2010

               EN

               Official Journal of the European Union

               C 106/43

         DECISION No U2
   of 12 June 2009
   concerning the scope of Article 65(2) of Regulation (EC) No 883/2004 of the European Parliament and of the Council on the right to unemployment benefits of wholly unemployed persons other than frontier workers who were resident in the territory of a Member State other than the competent Member State during their last period of employment or self-employment
   (Text of relevance to the EEA and to the EC/Switzerland Agreement)
   2010/C 106/12
   THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,
   Having regard to Article 72(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which the Administrative Commission is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (2),
   Having regard to Article 65(2) and (5) of Regulation (EC) No 883/2004,
   Whereas:

               (1)

               Article 65 of Regulation (EC) No 883/2004 lays down special rules concerning the granting and the payment of unemployment benefits to unemployed persons, who during their last activity as employed or self-employed persons, resided in a Member State other than the competent State.

               (2)

               The determining factor for the application of Article 65 of the said Regulation in its entirety is the fact that the persons concerned resided, during their last period of employment or self-employment, in a Member State other than the one to the legislation of which they were subject, which does not necessarily correspond to the one in which they were employed or self-employed.

               (3)

               According to the definition provided in Article 1(j) of the said Regulation, the term ‘residence’ means the place where a person habitually resides and the term ‘stay’ is defined as temporary residence in point (k) of that Article.

               (4)

               Article 11 of Regulation (EC) No 987/2009 sets out criteria for determining residence where there is a difference of opinion about this between the institutions of two or more Member States.

               (5)

               It follows from Article 1(f) of Regulation (EC) No 883/2004 that frontier workers have their place of residence in a country other than the country of their professional activity, which, by virtue of Article 11(3)(a) of the said Regulation is the competent State and that there is therefore no doubt that such workers are covered by Article 65 of the same Regulation.

               (6)

               The categories of persons referred to in Articles 11(4) and 13 of the said Regulation and the persons to whom an agreement referred to in Article 16 of the said Regulation applies are likely to reside, in certain cases, in a Member State other than the State determined as being competent under these Articles.

               (7)

               Determining in what State the persons belonging to these categories have their place of residence must be examined on a case-by-case basis and, for the persons referred to in Article 13(1)(a) and 13(2)(a) of Regulation (EC) No 883/2004, this must be done for the purposes of their affiliation.

               (8)

               Under Article 65(5) of Regulation (EC) No 883/2004, responsibility for the payment of benefits is transferred from the competent State to the State of residence where the person concerned puts himself at the disposal of the employment services of the latter State.

               (9)

               Although this is currently acceptable in the case of frontier workers and certain categories who likewise retain close links with their countries of origin it would no longer be acceptable if, by too broad an interpretation of the concept of ‘residence’, the field of application of Article 65 of Regulation (EC) No 883/2004 were to be extended to include all persons who have fairly stable employment or self-employment in a Member State and who have left their families in their country of origin.
               Acting in accordance with the conditions laid down in Article 71(2) of Regulation (EC) No 883/2004,

         HAS DECIDED AS FOLLOWS:

               1.

               Article 65(5) of Regulation (EC) No 883/2004 shall apply in particular to:

                           (a)

                           the persons referred to in Article 11(4) of the said Regulation;

                           (b)

                           the persons referred to in Article 13 of the said Regulation normally pursuing their activities in the territories of two or more Member States;

                           (c)

                           persons to whom an agreement as referred to in Article 16(1) of the said Regulation applies

                     where they resided during their last professional activity in a Member State other than the competent State.

               2.

               Persons referred to in paragraph 1 who, during their last professional activity, were subject to the legislation of a Member State other than the State of the place of activity as an employed or self-employed person, shall be eligible for benefits under the provisions of the legislation of the State of residence, as if they had previously been subject to that legislation.

               3.

               For the purpose of applying this Decision, the State of residence shall be determined in accordance with Article 11 of Regulation (EC) No 987/2009.

               4.

               This Decision shall be published in the Official Journal of the European Union. It shall apply from the date of entry into force of Regulation (EC) No 987/2009.

            The Chair of the Administrative Commission

         Gabriela PIKOROVÁ

      (1)  OJ L 166, 30.4.2004, p. 1.

      (2)  OJ L 284, 30.10.2009, p. 1.


title: 2012/808/CFSP: Political and Security Committee Decision Atalanta/4/2012 of 18 December 2012 on the appointment of an EU Operation Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)

text:
               21.12.2012

               EN

               Official Journal of the European Union

               L 352/46

         POLITICAL AND SECURITY COMMITTEE DECISION ATALANTA/4/2012
   of 18 December 2012
   on the appointment of an EU Operation Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (Atalanta)
   (2012/808/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38 thereof,
   Having regard to Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (1) (Atalanta), and in particular Article 6 thereof,
   Whereas:

               (1)

               Pursuant to Article 6(1) of Joint Action 2008/851/CFSP, the Council authorised the Political and Security Committee (‘PSC’) to take decisions on the appointment of the EU Operation Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (‘EU Operation Commander’).

               (2)

               On 15 June 2011, the PSC adopted Decision Atalanta/2/2011 (2) appointing Rear Admiral Duncan POTTS as EU Operation Commander.

               (3)

               The United Kingdom has proposed that Rear Admiral (designate) Robert TARRANT replace Rear Admiral Duncan POTTS as EU Operation Commander.

               (4)

               The EU Military Committee supports that proposal.

               (5)

               In accordance with Article 5 of the Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,

         HAS ADOPTED THIS DECISION:
   Article 1
   Rear Admiral (designate) Robert TARRANT is hereby appointed EU Operation Commander for the European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast as from 16 January 2013.
   Article 2
   Decision Atalanta/2/2011 is hereby repealed.
   Article 3
   This Decision shall enter into force on 16 January 2013.

      Done at Brussels, 18 December 2012.

            For the Political and Security Committee

            The Chairperson

         O. SKOOG

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

      (2)  OJ L 158, 16.6.2011, p. 36.


title: 2014/577/EU: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the budget of the European Chemicals Agency for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/201

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the budget of the European Chemicals Agency for the financial year 2012
   (2014/577/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Chemicals Agency for the financial year 2012,

               —

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

               —

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

               —

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

               —

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

               —

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

               —

               having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council establishing a European Chemicals Agency (4), and in particular Article 97 thereof,

               —

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

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0229/2014),

               1.

               Grants the Executive Director of the European Chemicals Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2012;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the European Chemicals Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 365, 13.12.2013, p. 97.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

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

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

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


title: 2006/841/EC: Decision of the European Parliament of 27 April 2006 on the closure of the accounts of the European Training Foundation for the financial year 2004

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/118

         DECISION OF THE EUROPEAN PARLIAMENT
   of 27 April 2006
   on the closure of the accounts of the European Training Foundation for the financial year 2004
   (2006/841/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Training Foundation for the financial year 2004 (1),

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Training Foundation for the financial year 2004, together with the Foundation's replies (2),

               —

               having regard to the Council's recommendation of 14 March 2006 (5972/2006 — C6-0093/2006),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Council Regulation (EEC) No 1360/90 of 7 May 1990 establishing a European Training Foundation (4), and in particular Article 11 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 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A6-0102/2006),

               1.

               Notes the following figures for the accounts of the European Training Foundation for the financial years 2004 and 2003:
               Revenue and expenditure account for the financial years 2004 and 2003 (6)

                           (1000 EUR)

                           2004

                           2003

                           Revenue

                           Commission subsidies

                           17 600

                           18 100

                           Other donors

                           800

                           523

                           Miscellaneous revenue

                           80

                           17

                           Financial revenue

                           —

                           —

                              Total revenue (a)

                              18 480

                              18 640

                           Expenditure

                           Staff — Title I of the budget

                           Payments

                           11 122

                           10 771

                           Appropriations carried over

                           123

                           329

                           Administration — Title II of the budget

                           Payments

                           1 213

                           1 076

                           Appropriations carried over

                           247

                           310

                           Operating activities — Title III of the budget

                           Payments

                           3 449

                           3 396

                           Appropriations carried over

                           1 168

                           1 087

                           Earmarked revenue

                           Payments

                           260

                           237

                           Appropriations carried over

                           540

                           286

                              Total expenditure (b)

                              18 122

                              17 492

                              Outturn for the financial year (a - b)

                              358

                              1 148

                           Balance carried over from the previous financial year

                           - 1 318

                           - 2 155

                           Appropriations carried over and cancelled

                           204

                           375

                           Reimbursements to the Commission

                           0

                           - 703

                           Exchange-rate differences

                           - 4

                           17

                              Balance for the financial year

                              - 759

                              - 1 318

               2.

               Approves the closure of the accounts of the European Training Foundation for the financial year 2004;

               3.

               Instructs its President to forward this decision to the Director of the European Training Foundation, the Council, the Commission and the Court of Auditors and to have it published in the Official Journal of the European Union (L series).

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ C 269, 28.10.2005, p. 36.

      (2)  OJ C 332, 28.12.2005, p. 75.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 131, 23.5.1990, p. 1. Regulation as last amended by Regulation (EC) No 1648/2003 (OJ L 245, 29.9.2003, p. 22).

      (5)  OJ L 357, 31.12.2002, p. 72. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).

      (6)  The revenue and expenditure account and balance sheet only take account of the Foundation's specific activities: they do not include programmes managed on behalf of the Commission.
    ---documentbreak---

               6.12.2006

               EN

               Official Journal of the European Union

               L 340/120

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   with comments forming an integral part of the decision on the discharge for the implementation of the budget of the European Training Foundation for the financial year 2004
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Training Foundation for the financial year 2004 (1),

               —

               having regard to the Court of Auditors' report on the annual accounts of the European Training Foundation for the financial year 2004, together with the Foundation's replies (2),

               —

               having regard to the Council's recommendation of 14 March 2006 (5972/2006 — C6-0093/2006),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Council Regulation (EEC) No 1360/90 of 7 May 1990 establishing a European Training Foundation (4), and in particular Article 11 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 71 of and Annex V to its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control (A6-0102/2006),

               A.

               whereas the Court of Auditors stated that it had obtained reasonable assurance that, except for a failure to include expenditure incurred within the framework of the Tempus programmes, the annual accounts for the financial year ended 31 December 2004 were reliable and that the underlying transactions, taken as a whole, were legal and regular,

               B.

               whereas the Court of Auditors states that it has obtained reasonable assurance from all the agencies, excepting the express reservations in respect of the 2004 financial year concerning the European Agency for Reconstruction, the European Centre for the Development of Vocational Training, the European Training Foundation, the European Monitoring Centre on Racism and Xenophobia and the European Food Safety Authority,

               C.

               whereas on 12 April 2005 Parliament gave discharge to the Director in respect of the implementation of the Foundation's budget for the 2003 financial year (6) and in its resolution containing the comments accompanying the discharge decision (7) it inter alia noted that the Court of Auditors had again criticised the Foundation for a failure to properly present in its accounts expenditure related to the Tempus programme and expected to be fully informed in the Foundation's 2004 annual activity report about a solution, agreed with the Commission, regarding the correct presentation in the accounts of this expenditure,

               1.

               Recalls that, under Article 185 of the Financial Regulation, Parliament shall give discharge for the implementation of the budgets of the bodies set up by the Communities and having legal personality which actually receive grants charged to the budget; points out, however, that not all of these bodies are fully, or even partially, funded via grants charged to the budget; emphasises that the discharge decision therefore covers both the budget and the non-budget funding of these bodies; considers it unacceptable that some of the bodies set up by the Union are accountable for the expenditure of income received from sources other than the budget whilst others, which do not receive a subsidy from the budget, are not; affirms the principle that all Community agencies, whether or not they are subsidised, are subject to discharge by Parliament, even when another discharge authority intervenes in accordance with their basic texts; takes the view that there is a need to review all texts that go against this principle;

               2.

               Finds table 1 of the Court of Auditors' report, introduced for the first time during the 2003 discharge exercise, which summarises the Foundation's powers and responsibilities, governance, resources, activities and services provided, of great value; notes that the information contained in table 1 is supplied by the Foundation; asks the Court of Auditors to verify the contents of table 1;

               3.

               Insists that as well as spending money properly, agencies should also strive to spend money as efficiently and effectively as possible; invites the Court of Auditors to consider the possibility of extending its specific annual reports on the agencies to include an examination of performance and achievement of objectives; in this context and in line with its resolutions on the 2003 discharge, insists that the following aspects be taken into account: that duplication of work among the agencies must be avoided as much as possible and that measures designed to improve transparency and communication with the public must be clarified, along with Community affirmative action measures at all levels of recruitment, training and the assignment of responsibilities;

               4.

               Notes that Community agencies do not always have a good image or good press and that many of them do not deserve such a negative image; points out that EU citizens should be made aware of this, with appropriate means being used to explain as often as is necessary the raisons d'être and achievements of the agencies; calls on the Commission to act accordingly, using whatever means it considers necessary;

               5.

               Notes that the enlargement of the European Union in 2004 has affected the structures and operating arrangements of the Community agencies in many ways, and that several of the agencies draw attention to these effects in their activity reports, focusing in particular on the increase in the number of administrators; calls on the Commission to assess the real or supposed problems encountered and to recommend the regulatory changes required;

               6.

               Notes that the Commission has made a commitment to harmonising the way in which activity reports concerning its directorates-general are presented; calls for a similar approach to be taken in respect of the activity reports of the Communities' agencies, which differ significantly in terms of content; calls on the Commission to point out to the Communities' agencies the information and activity indicators that they must provide;

               7.

               Is disappointed to note that the Foundation has still not solved the problem concerning the correct presentation in its accounts of expenditure related to the Tempus programme; notes that this problem has persisted despite repeated criticisms from the Court of Auditors in annual reports since 1999 and that the Court of Auditors has now entered a reservation concerning the Foundation's accounts as a consequence; insists that the accounts of the Foundation respect the principles of unity and budget accuracy;

               8.

               Insists that the Agency comply with the regulations in force concerning the publication of a budget subdivided into articles and items and including an establishment plan; will nevertheless bear in mind the Agency's comments on the disproportionate cost of publication and assurances of transparency when considering revisions to the Financial Regulation;

               9.

               Welcomes the detailed information on the development of internal auditing by the Foundation included in the 2004 annual activity report; looks forward to a progress report in the 2005 annual activity report and to the summary report on internal audits in 2005 as required by Article 72(5) of the framework Financial Regulation;

               10.

               Calls on the Commission to help the agencies follow as closely as possible the work plan agreed for the year ahead, allowing activities to be properly planned and implemented, and particularly to avoid major, last-minute changes to the work load;

               11.

               Asks the Commission to improve synergies between agencies by making cooperation more effective, avoiding duplication of work and addressing shortcomings, in particular as regards common areas such as training, the implementation of Community policies across the board, the use of the latest management systems and solving problems relating to sound management of the budget.

      (1)  OJ C 269, 28.10.2005, p. 36.

      (2)  OJ C 332, 28.12.2005, p. 75.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 131, 23.5.1990, p. 1. Regulation as last amended by Regulation (EC) No 1648/2003 (OJ L 245, 29.9.2003, p. 22).

      (5)  OJ L 357, 31.12.2002, p. 72. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).

      (6)  OJ L 196, 27.7.2005, p. 113.

      (7)  OJ L 196, 27.7.2005, p. 114.