               19.2.2016

               EN

               Official Journal of the European Union

               C 65/181

         P7_TA(2013)0237
   Request for the waiver of the parliamentary immunity of Malgorzata Handzlik
   European Parliament decision of 11 June 2013 on the request for waiver of the immunity of Małgorzata Handzlik (2012/2238(IMM))
   (2016/C 065/27)

      The European Parliament,

               —

               having regard to the request for waiver of the immunity of Małgorzata Handzlik, forwarded on 3 July 2012 by the Public Prosecutor of the Polish Republic in connection with Warsaw District Prosecutor’s Office investigation VI DS 312/10 and announced in plenary on 10 September 2012,

               —

               having heard Małgorzata Handzlik in accordance with Rule 7(3) of its Rules of Procedure,

               —

               having also heard Giovanni Kessler, Director-General of the European Anti-Fraud Office, and Roger Vanhaeren, Director-General for Finance of the European Parliament,

               —

               having regard to Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union and Article 6(2) of the Act of 20 September 1976 concerning the election of the Members of the European Parliament by direct universal suffrage,

               —

               having regard to the judgments of the Court of Justice of the European Union of 12 May 1964, 10 July 1986, 15 and 21 October 2008, 19 March 2010 and 6 September 2011 (1),

               —

               having regard to Article 105 of the Constitution of the Republic of Poland,

               —

               having regard to Rules 6(2) and 7 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Legal Affairs (A7-0195/2013),

               A.

               whereas the Public Prosecutor of the Polish Republic has requested the waiver of the parliamentary immunity of a Member of the European Parliament, Małgorzata Handzlik, in connection with an investigation and possible legal action concerning an alleged offence;

               B.

               whereas, under Article 9 of Protocol No 7 on the Privileges and Immunities of the European Union, Members shall enjoy, in the territory of their own State, the immunities accorded to members of the Parliament of that State;

               C.

               whereas Article 105(2) of the Constitution of the Polish Republic provides that Members of Parliament may only be prosecuted with the Parliament’s consent;

               D.

               whereas the request by the Public Prosecutor relates to proceedings concerning an alleged offence under the Polish Criminal Code of 6 June 1997;

               E.

               whereas the substantive allegation relates to the attempted infringement of Articles 270(1) and 286(1) of that code, which concern fraud and the use of forged documents respectively;

               F.

               whereas Małgorzata Handzlik is effectively accused of having attempted to commit fraud against the financial interests of the Union by allegedly submitting forged documents with a view to obtaining reimbursement of the costs of attending a language course which she did not in fact attend;

               G.

               whereas the alleged actions do not constitute opinions expressed or votes cast in the performance of the duties of the Member of the European Parliament within the meaning of Article 8 of Protocol No 7 on the Privileges and Immunities of the European Union;

               H.

               whereas, however, given the circumstances in which the case against Małgorzata Handzlik was handled by the various authorities involved, and bearing in mind the small amount in question and the uncertain status and provenance of the evidence, there are serious doubts surrounding the procedure;

               I.

               whereas it therefore appears that this is a case where the existence of a fumus persecutionis may be assumed;

               J.

               whereas Ms Małgorzata Handzlik’s immunity should therefore not be waived;

               1.

               Decides not to waive the immunity of Małgorzata Handzlik;

               2.

               Instructs its President to forward this decision and the report of its competent committee immediately to the Public Prosecutor of the Polish Republic and to Małgorzata Handzlik.

      (1)  Judgment of 12 May 1964 in Case 101/63, Wagner v Fohrmann and Krier (ECR 1964, p. 195); judgment of 10 July 1986 in Case 149/85, Wybot v Faure and others (ECR 1986, p. 2403); judgment of 15 October 2008 in Case T-345/05, Mote v Parliament (ECR 2008, p. II-2849); judgment of 21 October 2008 in Joined Cases C-200/07 and C-201/07, Marra v De Gregorio and Clemente (ECR 2008, p. I-7929); judgment of 19 March 2010 in Case T-42/06, Gollnisch v Parliament (ECR 2010, p. II-1135); judgment of 6 September 2011 in Case C-163/10, Patriciello (ECR 2011, p. I-7565).


title: 2008/648/EC,Euratom: Council Decision of 15 July 2008 appointing a German member of the European Economic and Social Committee

text:
               8.8.2008

               EN

               Official Journal of the European Union

               L 213/38

      COUNCIL DECISION

   of 15 July 2008
   appointing a German member of the European Economic and Social Committee
   (2008/648/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
   Having regard to Decision 2006/524/EC, Euratom (1),
   Having regard to the proposal from the German Government,
   Having regard to the opinion of the Commission,
   Whereas a seat as a member of the European Economic and Social Committee has fallen vacant as a result of the resignation of Mr Ludolf VON WARTENBERG,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Bernd DITTMANN, Managing Director Europe of the Federation of German Industries (Bundesverband der Deutschen Industrie — BDI), is hereby appointed a member of the European Economic and Social Committee for the remainder of the current term of office, ending on 20 September 2010.
   Article 2
   This Decision shall take effect on the date of its adoption.

      Done at Brussels, 15 July 2008.

            For the Council

            The President

         M. BARNIER

      (1)  OJ L 207, 28.7.2006, p. 30.


title: Council Decision of 6 May 2014 appointing one member of the Management Board of the European Chemicals Agency

text:
               15.5.2014

               EN

               Official Journal of the European Union

               C 145/4

         COUNCIL DECISION
   of 6 May 2014
   appointing one member of the Management Board of the European Chemicals Agency
   2014/C 145/03
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (1), and in particular Article 79 thereof,
   Whereas:

               (1)

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

               (2)

               By its Decision of 17 May 2011 (2), the Council appointed 15 members of the Management Board.

               (3)

               The Government of Malta has informed the Council of its intention to replace the Maltese representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2015,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Tristan Charles CAMILLERI, of Maltese nationality, born on 18 May 1980, shall be appointed member of the Management Board of the European Chemicals Agency, replacing Mr Francis E. FARRUGIA, for the period from 6 May 2014 to 31 May 2015.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 6 May 2014.

            For the Council

            The President

         G. STOURNARAS

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

      (2)  OJ C 151, 21.5.2011, p. 1.


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41984D0654

84/654/Euratom, ECSC, EEC: Decision of the representatives of the Governments of the Member States of the European Communities of 17 December 1984 appointing a judge to the Court of Justice

Official Journal L 341 , 29/12/1984 P. 0089 - 0089

*****DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES  of 17 December 1984  appointing a judge to the Court of Justice  (84/654/Euratom, ECSC, EEC)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 32b thereof,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 167 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 139 thereof,  Whereas, in a letter dated 12 October 1984 addressed to the President of the Court and forwarded to the President of the Council, Mr Aindrias O'Caoimh, judge at the Court of Justice of the European Communities, tendered his resignation, with effect from 31 December 1984;  Whereas, pursuant to Article 8 of the Protocol on the Statute of the Court of Justice of the European Coal and Steel Community, to Article 7 of the Protocol on the Statute of the Court of Justice of the European Economic Community and to Article 7 of the Protocol on the Statute of the Court of Justice of the European Atomic Energy Community, a judge should be appointed for the remaining period of Mr Aindrias O'Caoimh's term of office,  HAVE DECIDED AS FOLLOWS:  Article 1  Mr Thomas Francis O'Higgins is hereby appointed judge to the Court of Justice until 6 October 1985.  Article 2  This Decision shall enter into effect on 16 January 1985.  Done at Brussels, 17 December 1984.  The President  P. BARRY


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31994D0789

Council Decision of 12 December 1994 extending the application of Decision 93/603/CFSP concerning the joint action decided on by the Council on the basis of Article J.3 of the Treaty on European Union on support for the convoying of humanitarian aid in Bosnia and Herzegovina

Official Journal L 326 , 17/12/1994 P. 0001 - 0001 Finnish special edition: Chapter 11 Volume 33 P. 0108  Swedish special edition: Chapter 11 Volume 33 P. 0108

COUNCIL DECISION of 12 December 1994 extending the application of Decision 93/603/CFSP concerning the joint action decided on by the Council on the basis of Article J.3 of the Treaty on European Union on support for the convoying of humanitarian  aid in Bosnia and Herzegovina (94/789/CFSP)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty on European Union, and in particular Article J.3 thereof,  Having regard to Council Decision 93/603/CFSP of 8 November 1993 concerning the joint action decided on by the Council on the basis of Article J.3 of the Treaty on European Union on support for the convoying of humanitarian aid in Bosnia and Herzegovina  (1),  Having regard to Council Decision 93/729/CFSP (2) of 20 December 1993 supplementing that joint action,  Having regard to Council Decision 94/308/CFSP (3) of 16 May 1994 adapting and extending the application of Decision 93/603/CFSP,  Having regard to Council Decision 94/510/CFSP (4) of 27 July 1994 supplementing Decision 93/603/CFSP,  HAS DECIDED AS FOLLOWS:  1. The application of Decision 93/603/CFSP, as supplemented and adapted by Decisions 93/729/CFSP, 94/308/CFSP and 94/510/CFSP, shall be extended until 31 December 1995.  2. This Decision shall enter into force on the date of its adoption.  3. This Decision shall be published in the Official Journal.  Done at Brussels, 12 December 1994.  For the Council The President J. BORCHERT  (1) OJ No L 286, 20. 11. 1993, p. 1.(2) OJ No L 339, 31. 12. 1993, p. 3.(3) OJ No L 134, 30. 5. 1994, p. 1.(4) OJ No L 205, 8. 8. 1994, p. 3.


title: 2007/160/EC: Council Decision of 22 February 2007 on the position of the Community in relation to the draft Regulation of the United Nations Economic Commission for Europe concerning the approval of partitioning systems to protect passengers against displaced luggage, supplied as non original vehicle equipment (Text with EEA relevance)

text:
               9.3.2007

               EN

               Official Journal of the European Union

               L 69/39

      COUNCIL DECISION

   of 22 February 2007
   on the position of the Community in relation to the draft Regulation of the United Nations Economic Commission for Europe concerning the approval of partitioning systems to protect passengers against displaced luggage, supplied as non original vehicle equipment
   (Text with EEA relevance)
   (2007/160/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Decision 97/836/EC of 27 November 1997 with a view to accession by the European Community to the Agreement of the United Nations Economic Commission for Europe concerning the adoption of uniform technical prescriptions for wheeled vehicles, equipment and parts which can be fitted and/or be used on wheeled vehicles and the conditions for reciprocal recognition of approvals granted on the basis of these prescriptions (1), in particular the second indent of Article 4(2) thereof,
   Having regard to the proposal of the Commission,
   Having regard to the assent of the European Parliament,
   Whereas:

               (1)

               The draft Regulation of the United Nations Economic Commission for Europe (hereinafter the draft UN/ECE Regulation) concerning the approval of partitioning systems to protect passengers against displaced luggage, supplied as non-original vehicle equipment (2) provides for the abolition of technical barriers to the trade of motor vehicles between the Contracting Parties with respect to these components, while ensuring a high level of safety and environmental protection.

               (2)

               It is appropriate to define the Community’s position in relation to the draft UN/ECE Regulation and consequently to provide for the Community, represented by the Commission, to vote in favour of that draft.

               (3)

               Since the draft UN/ECE Regulation concerns the provision of non original vehicle equipment, it should not become part of the Community system for the type-approval of motor vehicles,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The draft UN/ECE Regulation on partitioning systems to protect passengers against displaced luggage, supplied as non original vehicle equipment, is hereby approved.
   Article 2
   The Community, represented by the Commission, shall vote in favour of the draft UN/ECE Regulation referred to in Article 1 at a forthcoming meeting of the Administrative Committee of the UN/ECE World Forum for Harmonisation of Vehicle Regulations.
   Article 3
   The UN/ECE Regulation on partitioning systems to protect passengers against displaced luggage, supplied as non original vehicle equipment, shall not become part of the Community type-approval system for motor vehicles.

      Done at Brussels, 22 February 2007.

            For the Council

            The President

         F. MÜNTEFERING

      (1)  OJ L 346, 17.12.1997, p. 78.

      (2)  Document TRANS/WP.29/2005/2088.


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32002D0094

2002/94/EC: Council Decision of 28 January 2002 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Slovenia

Official Journal L 044 , 14/02/2002 P. 0101 - 0108

Council Decisionof 28 January 2002on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Slovenia(2002/94/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant States in the framework of the pre-accession strategy, and in particular on the establishment of Accession Partnerships(1), and in particular to Article 2 thereof,Having regard to the proposal from the Commission,Whereas:(1) The Luxembourg European Council stated that the Accession Partnership is a new instrument and the key feature of the enhanced pre-accession strategy.(2) Regulation (EC) No 622/98 sets out that the Council is to decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities, intermediate objectives and conditions contained in the individual Accession Partnerships, as they are submitted to each applicant State, as well as on subsequent significant adjustments applicable to them.(3) Community assistance is conditional on the fulfilment of essential elements, and in particular on the respect of the commitments contained in the Europe Agreements and on progress towards fulfilment of the Copenhagen criteria. Where an essential element is lacking, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps with regard to any pre-accession assistance.(4) The Luxembourg European Council decided that the implementation of the Accession Partnership and progress in adopting the acquis will be examined in the Europe Agreement bodies.(5) The 2001 Commission's regular report presents an objective analysis on Slovenia's preparations for membership and identifies a number of priority areas for further work.(6) In order to prepare for membership, Slovenia should continue to update its national programme for the adoption of the acquis. This programme should set out a timetable for achieving the priorities and intermediate objectives established in the Accession Partnership.(7) Slovenia needs to ensure that the appropriate legal and administrative structures needed for the programming, coordination, management, control and evaluation of Community pre-accession funds are in place,HAS DECIDED AS FOLLOWS:Article 1In accordance with Article 2 of Regulation (EC) No 622/98, the principles, priorities, intermediate objectives and conditions in the Accession Partnership for Slovenia are set out in the Annex hereto, which forms an integral part of this Decision.Article 2The implementation of the Accession Partnership shall be examined in the Europe Agreement bodies and by the appropriate Council bodies to which the Commission shall report regularly.Article 3This Decision shall take effect on the third day following its publication in the Official Journal of the European Communities.Done at Brussels, 28 January 2002.For the CouncilThe PresidentJ. Piqué i Camps(1) OJ L 85, 20.3.1998, p. 1.ANNEX1. IntroductionAt its meeting in Luxembourg in December 1997, the European Council decided that the Accession Partnership would be the key feature of the enhanced pre-accession strategy, mobilising all forms of assistance to the candidate countries within a single framework. In this manner, the Community targets its assistance towards the specific needs of each candidate so as to provide support for overcoming particular problems with a view to accession.The first Accession Partnership for Slovenia was decided in March 1998. As provided for in Regulation (EC) No 622/98 (Article 2), the Accession Partnership was updated a first time in December 1999, taking into account further developments in Slovenia. The present revision is based on a proposal by the Commission following consultation with Slovenia, and draws on the analysis of the Commission's 2001 regular report on progress made by Slovenia towards accession.2. ObjectivesThe purpose of the Accession Partnership is to set out in a single framework the priority areas for further work identified in the Commission's 2001 regular reports on the progress made by Slovenia towards membership of the Union, the financial means available to help Slovenia implement these priorities and the conditions which will apply to that assistance. The Accession Partnership provides the basis for a number of policy instruments which will be used to help the candidate States in their preparations for membership. These include, inter alia the updated national programme for the adoption of the acquis prepared by Slovenia, the pre-accession fiscal surveillance procedure, the pre-accession economic programme, the pre-accession pact on organised crime as well as the national development plans, the rural development plans, a national employment strategy in line with the european employment strategy, and sectoral plans necessary for the participation in the Structural Funds after membership and for the implementation of ISPA and Sapard before accession. Each of these instruments is different in nature and is prepared and implemented according to specific procedures and may be supported by pre-accession aid. They are not an integral part of this Partnership but the priorities they contain will be compatible with it.3. PrinciplesThe main priority areas identified for each candidate State relate to their ability to take on the obligations of meeting the Copenhagen criteria which state that membership requires:- that the candidate State has achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities,- the existence of a functioning market economy, as well as the capacity to cope with competitive pressure and market forces within the Union,- the ability to take on the obligations of membership, including adherence to the aims of political, economic and monetary union.At its meeting in Madrid in 1995, the European Council stressed the need for the candidate States to adjust their administrative structures to ensure harmonious operation of Community policies after accession and at Luxembourg, in 1997, it stressed that incorporation of the acquis into legislation is necessary, but not in itself sufficient; it is necessary to ensure that it is actually applied. The Feira and Gothenburg European Councils in 2000 and 2001 respectively confirmed the vital importance of the applicant countries' capacity to implement and enforce the acquis, and added that this required important efforts by the applicants in strengthening and reforming their administrative and judicial structures.4. Priorities and intermediate objectivesThe Commission's regular reports have highlighted, besides the progress already made, the extent of the efforts which still have to be made in certain areas by candidate States to prepare for accession. This situation requires the definition of intermediate stages in terms of priorities, each to be accompanied by precise objectives to be set in collaboration with the States concerned, the achievement of which will condition the degree of assistance granted and the progress of the negotiations under way with Slovenia. The priorities listed in the revised Accession Partnership have been selected on the basis that it is realistic to expect that Slovenia can complete or take them substantially forward over the next two years (2002 to 2003). Within this list, issues that require particularly urgent action have been highlighted as such. The progress made in meeting the priorities of the 1999 Accession Partnership is assessed in the 2001 regular report. This assessment has been used in formulating the priorities for the current Partnership.Slovenia submitted an updated version of its national programme for the adoption of the acquis (NPAA) on 31 May 2001. The NPAA sets out a timetable for achieving priorities and intermediate objectives, based on the 1999 Accession Partnership, as well as necessary administrative structures and financial resources.The Accession Partnership indicates the priority areas for Slovenia's membership preparations. Slovenia will nevertheless have to address all issues identified in the 2001 regular report. It is also important that Slovenia fulfils the commitments of legislative approximation and the implementation of the acquis in accordance with the commitments made under the Europe Agreement, and in the context of the negotiation process. It should be recalled that incorporation of the acquis into legislation is not in itself sufficient; it will also be necessary to ensure that it is actually applied to the same standards as those which apply within the Union. In all of the areas listed below there is a need for credible and effective implementation and enforcement of the acquis.Drawing on the analysis of the Commission's regular report, the following priorities and intermediate objectives have been identified for Slovenia. These priorities are presented in accordance with the structure of the regular report(1).Political criteriaDemocracy and the rule of law- in need of particularly urgent action: adopt the remaining framework legislation for public administration reform, including the laws on civil servants and public agencies,- continue improving the functioning of the judiciary especially by further reducing the backlog of pending court cases.Economic criteria- promote competitiveness through market-based enterprise restructuring; stimulate domestic and inward investment by improving the business environment,- complete restructuring, commercialisation and liberalisation of State-owned utilities, while ensuring competition and further price liberalisation,- restructure the financial sector by completing the privatisation process of State-owned banks and by privatising the insurance company,- improve the efficiency of the land registration system by reducing the backlogs in the land register.Ability to assume the obligations of membershipFree movement of goods- ensure effective functioning of the newly established Standardisation Institute. Complete adoption of traditional sectoral legislation; complete implementation of New Approach directives and complete adoption of EN standards. Reinforce related administrative infrastructure (conformity assessment bodies and laboratories), ensure proper coordination and effectiveness of national market surveillance bodies and prepare the relevant administration and food operators to the implementation of Community principles of food safety,- proceed with the screening of Slovenian legislation in the non-harmonised area to ensure that it is in compliance with Articles 28, 29 and 30 of the Treaty and complete administrative arrangements for the future monitoring in this area,- strengthening of the Public Procurement Office and of the State Control Commission to improve transparency of decisions in the area of public procurement.Free movement of persons- complete alignment of mutual recognition of professional qualifications and diplomas and further develop required administrative structures, education and training programmes,- with respect to professional qualifications obtained before harmonisation, Slovenia should give priority to introducing measures to ensure that all its professionals can, from accession, meet the requirements laid down by the directives,- further reinforce the administrative structures for the coordination of social security.Freedom to provide services- reinforce the supervision of financial services,- complete alignment of legislation on investment services.Free movement of capital- abolish remaining restrictions on short-term transactions in order to complete liberalisation of capital flows,- ensure compliance with the recommendations of the financial action task force,- complete alignment of legislation with the second Directive against money laundering.Company law- continue to enforce the legislation in the area of intellectual and industrial property rights and intensify the fight against counterfeiting and piracy especially by strengthening border controls, by improving coordination among law enforcement bodies and by increasing provision of training for law enforcement bodies including judges and prosecutors.Competition policy- ensure due implementation of State aid control notably by bringing transparency into the activities of the Slovenian Development Corporation and by repealing the export-based criterion for tax reductions under the Act on Economic Zones,- ensure the full enforcement of the rules; increase awareness of the rules among all market participants and aid granters; strengthen the administrative capacity of the competition office, and intensify the training of the judiciary in all fields of competition policy.Agriculture- reinforce the administrative structures needed for the design, implementation, management, monitoring, control and evaluation of Community-funded rural development programmes,- continue to upgrade the capacity of the agricultural administration and complete preparations for the practical application and enforcement of the management mechanisms of the common agricultural policy (CAP), in particular the integrated administration and control system and the Paying Agency for the handling of CAP expenditure, as well as for the implementation and enforcement of veterinary and phytosanitary and food safety legislation,- continue alignment in the veterinary and phytosanitary sector, notably: complete the veterinary and phytosanitary inspection system in particular at future external borders; continue to implement the quality control system; complete animal identification; continue aligning animal welfare standards, animal waste treatment; modernisation of meat and dairy plants, residue and zoonosis control programmes,- complete transposition of legislation on transmissible spongiform encephalopathies, plant passports, maximum residue levels, animal nutrition and ensure implementation and enforcement, including testing of animal diseases, in particular transmissible spongiform encephalopathies, in accordance with the acquis,- continue the overall upgrading of food processing establishments with a view to meeting Community food safety standards, in particular in the dairy and meat sector, and reinforce market surveillance for food products.Transport policy- complete legislative alignment on railway transport with a view to the implementation of the revised railways acquis, and reinforce administrative capacity in the land transport and air transport sectors.Taxation- complete legislative alignment with particular attention to the VAT (including the transitional VAT regime) and excise legislation,- ensure that existing and future legislation complies with the principles of the Code of Conduct for Business Taxation,- strengthen the administrative capacity and control procedures as well as improve the administrative cooperation and mutual assistance in order to be able to implement the acquis.- in need of particularly urgent action: continue to develop IT systems so as to allow for the exchange of electronic data with the Community and its Member States,- implement the Holding and Movements Directive.Social policy and employment- continue to support social partners' capacity-building efforts with a view to their future role in the development and implementation of Community employment and social policy, including the European Social Fund, notably through autonomous bipartite social dialogue,- complete alignment and ensure proper implementation of Community legislation in particular in the field of labour law and health and safety at work. Strengthen the related administrative and enforcement structures, including the labour inspectorates. Adopt legislation against discrimination and develop a timetable for its implementation,- complete alignment in the area of public health, and continue to develop and implement measures with regard to surveillance and control of communicable diseases and to health monitoring and information,- develop a national strategy, including data collection, with a view to later participation in the European strategy on social inclusion.Energy- implement the recommendations contained in the Council Report on "nuclear safety in the context of enlargement" with due regard to the priorities identified in the report,- continue to ensure a high level of nuclear safety at the Krsko nuclear power plant,- continue to prepare for the internal energy market in the gas and electricity sectors, including the elimination of remaining price distortions and by strengthening the regulatory authority,- continue to make progress in ensuring the actual constitution of stocks, including the necessary investments, towards the level of 90 days,- continue to improve energy efficiency and enhance the use of renewable energy sources, including by strengthening the relevant institutions in this area.Telecommunications and information technologies/culture and audiovisual policy.- in need of particularly urgent action: consolidate the recently established Telecommunications and Broadcasting Agency.Regional policy and coordination of structural instruments- in need of particularly urgent action: establish a territorial organisation allowing for the effective implementation of the Structural Funds Regulations,- establish a clear division of responsibilities for the management of the Structural Funds and the Cohesion Fund, improve the administrative capacity of the institutions involved in the implementation of the funds in particular the Managing and Paying Authorities, especially in terms of recruitment and training; ensure effective interministerial coordination,- prepare a coherent development plan as required by the Structural Funds Regulations and define the implementation structures of the final plan,- set up the required monitoring and evaluation systems for Structural Funds, in particular for ex ante evaluation and for the collection and processing of the relevant statistical information and indicators,- align with the specific financial management and control provisions for future Structural and Cohesion Funds under the relevant Community regulations,- develop the technical preparation of projects eligible to the Structural and Cohesion Funds assistance (project pipeline).Environment- complete transposition of the acquis in particular as regards air quality, waste, water quality (by adopting a new water law and the implementing legislation), nature protection, industrial pollution and risk management, genetically modified organisms and radiation protection; and ensure its implementation,- continue strengthening administrative capacity, especially at the local level and of institutions responsible for implementation and enforcement of the chemicals legislation,- continue integration of environmental protection requirements into the definition and implementation of all other sectoral policies with a view to promoting sustainable development.Consumers and health protection- continue alignment of legislation and strengthen market surveillance and enforcement authorities.Cooperation in the field of Justice and Home Affairs- ensure due implementation of the Schengen action plan,- continue preparation for future participation in the Schengen information system by developing national databases and registers,- continue efforts to strengthen border controls especially on the future Union external border by provision of sufficient staff, training and equipment,- in need of particularly urgent action: enforce the new asylum legislation effectively, including adoption of the remaining secondary legislation, improving of the capacity to process asylum applications, separation of the Asylum Home and Centre for Foreigners and improvement of conditions in both,- strengthen the fight against organised crime; including by strengthening cooperation between different law enforcement bodies,- continue efforts to combat illegal immigration and continue the further harmonisation of migration legislation with the acquis,- take the necessary steps in order to ensure the implementation of Community instruments in the area of judicial cooperation in civil matters.Customs union- in need of particularly urgent action: continue the implementation of the IT strategy of the Slovenian customs administration and develop IT systems so as to allow for the exchange of computerised data between the Community and Slovenia.External relations- take the necessary measures to ensure that any international treaties or agreements incompatible with the acquis are renegotiated or terminated by accession.Financial control- designate a contact point for the protection of the financial interests of the Community, and effectively start cooperating with OLAF through this contact point,- develop coordination role of the Ministry of Finance in financial management and control as well as in decentralised internal audit systems by means of adequate staff,- further develop the public internal financial control concepts (managerial accountability and systems based audits) and amend relevant legislation,- complete the establishment of the internal audit units in line ministries in a harmonised way and strengthen their independence,- continue efforts to ensure the correct use, control, monitoring and evaluation of Commuinty pre-accession funding as a key indicator of Slovenia's ability to implement the financial control acquis.5. ProgrammingFor the period 2000 to 2006, in addition to PHARE, financial assistance to Slovenia comprises support for pre-accession measures for agriculture and rural development through the pre-accession instrument Sapard (Council Regulation (EC) No 1268/1999, OJ L 161, 26.6.1999, p. 87); and support for infrastructure projects in the fields of environment and transport through the structural instrument ISPA (Council Regulation (EC) No 1267/1999, OJ L 161, 26.6.1999, p. 73), which gives priority to measures similar to the Cohesion Fund in the pre-accession period. Under these national allocations, Slovenia can also fund part of its participation in Community programmes including the research and technological development framework programmes and programmes in the areas of education and enterprise. In addition Slovenia will have access to funding from multicountry and horizontal programmes directly related to the acquis. Joint financing by the applicant States is systematically required for all investment projects. Since 1998 the Commission has worked with the European Investment Bank and the International Financial Institutions, in particular the European Bank for Reconstruction and Development and the World Bank, with a view to facilitating the co-financing of projects relating to pre-accession priorities.6. ConditionalityCommunity assistance for financing projects through the three pre-accession instruments PHARE, ISPA and Sapard is conditional on respect by Slovenia of its commitments under the Europe Agreement, further steps towards satisfying the Copenhagen criteria and in particular progress in meeting the specific priorities of this revised Accession Partnership. Failure to respect these general conditions could lead to a decision by the Council on the suspension of financial assistance on the basis of Article 4 of Regulation (EC) No 622/98.7. MonitoringThe implementation of the Accession Partnership is monitored in the framework of the Europe Agreement. As underlined by the European Council in Luxembourg, it is important that the institutions of the Europe Agreement continue to be the framework within which the adoption and implementation of the acquis can be examined. The relevant sections of the Accession Partnership are discussed in the appropriate subcommittee. The Association Committee discusses overall developments, progress and problems in meeting the Partnership's priorities and intermediate objectives as well as more specific issues referred to it from the subcommittees.The PHARE Management Committee ensures that actions financed under all three pre-accession instruments, PHARE, ISPA, and Sapard, are compatible with each other as well as with the Accession Partnerships as laid down in the coordinating Regulation (Council Regulation (EC) No 1266/1999, OJ L 161, 26.6.1999, p. 68).The Accession Partnership will continue to be amended as necessary in accordance with Article 2 of Regulation (EC) No 622/98.(1) The order of presentation is that used as from the 2000 regular reports.


title: Council Decision 2009/949/JHA of 30 November 2009 adjusting the basic salaries and allowances applicable to Europol staff

text:
               15.12.2009

               EN

               Official Journal of the European Union

               L 328/48

      COUNCIL DECISION 2009/949/JHA
   of 30 November 2009
   adjusting the basic salaries and allowances applicable to Europol staff
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Council Act of 3 December 1998 laying down the Staff Regulations applicable to Europol employees (1), (hereinafter referred to as the ‘Staff Regulations’), and in particular Article 44 thereof,
   Having regard to the initiative of the Czech Republic,
   Having regard to the Opinion of the European Parliament (2),
   Having regard to the review of remuneration of officials of Europol by the Management Board of Europol,
   Whereas:

               (1)

               In the review of the remuneration of officials of Europol, the Management Board took account of the changes in the cost of living in the Netherlands, as well as of the changes in salaries in the public service in the Member States.

               (2)

               The review period from 1 July 2007 to 30 June 2008 justifies an increase of 1,2 % of remuneration for the period from 1 July 2008 to 30 June 2009.

               (3)

               It is for the Council, acting unanimously, to adjust the basic salaries and allowances of officials of Europol, on the basis of the review,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Staff Regulations are hereby amended as follows:
   With effect from 1 July 2008:

               (a)

               Article 45, the table of basic monthly salaries shall be replaced by the following:

                           1

                           2

                           3

                           4

                           5

                           6

                           7

                           8

                           9

                           10

                           11

                           1

                           15 578,99

                           2

                           13 989,27

                           3

                           9 601,74

                           9 849,73

                           10 097,73

                           10 364,80

                           10 631,87

                           10 911,63

                           11 190,13

                           11 483,94

                           11 779,62

                           12 091,21

                           12 399,59

                           4

                           8 361,77

                           8 584,33

                           8 803,72

                           9 035,81

                           9 267,91

                           9 512,71

                           9 754,34

                           10 011,89

                           10 269,40

                           10 539,67

                           10 809,91

                           5

                           6 889,73

                           7 070,95

                           7 248,99

                           7 439,76

                           7 630,53

                           7 834,00

                           8 034,30

                           8 247,32

                           8 457,16

                           8 679,71

                           8 902,28

                           6

                           5 904,14

                           6 059,89

                           6 215,70

                           6 381,03

                           6 543,17

                           6 714,86

                           6 886,55

                           7 067,78

                           7 248,99

                           7 439,76

                           7 630,53

                           7

                           4 921,68

                           5 052,05

                           5 179,21

                           5 315,93

                           5 452,63

                           5 595,72

                           5 738,78

                           5 891,40

                           6 040,83

                           6 199,81

                           6 358,77

                           8

                           4 184,07

                           4 295,35

                           4 403,43

                           4 521,09

                           4 635,53

                           4 756,36

                           4 877,17

                           5 007,54

                           5 134,71

                           5 271,42

                           5 404,94

                           9

                           3 688,09

                           3 786,64

                           3 885,22

                           3 986,93

                           4 088,69

                           4 196,78

                           4 304,89

                           4 419,34

                           4 530,66

                           4 651,45

                           4 769,08

                           10

                           3 198,47

                           3 284,32

                           3 366,96

                           3 455,97

                           3 541,84

                           3 637,22

                           3 732,59

                           3 831,15

                           3 926,53

                           4 031,46

                           4 133,20

                           11

                           3 099,91

                           3 182,58

                           3 262,04

                           3 347,90

                           3 433,73

                           3 525,93

                           3 614,97

                           3 710,35

                           3 805,73

                           3 907,48

                           4 006,00

                           12

                           2 460,87

                           2 527,59

                           2 591,18

                           2 657,97

                           2 724,74

                           2 797,85

                           2 870,98

                           2 947,29

                           3 020,41

                           3 099,91

                           3 179,39

                           13

                           2 114,28

                           2 171,52

                           2 225,57

                           2 285,99

                           2 343,22

                           2 406,79

                           2 467,21

                           2 533,97

                           2 597,58

                           2 667,51

                           2 734,26

               (b)

               in Article 59(3), the amount ‘EUR 1 036,76’ shall be replaced by ‘EUR 1 049,20’;

               (c)

               in Article 59(3), the amount ‘EUR 2 073,51’ shall be replaced by: ‘EUR 2 098,39’;

               (d)

               in Article 60(1), the amount ‘EUR 276,48’ shall be replaced by: ‘EUR 279,80’;

               (e)

               in Article 2(1) of Appendix 5, the amount ‘EUR 289,03’ shall be replaced by: ‘EUR 292,50’;

               (f)

               in Article 3(1) of Appendix 5, the amount ‘EUR 12 566,73’ shall be replaced by: ‘EUR 12 717,53’;

               (g)

               in Article 3(1) of Appendix 5, the amount ‘EUR 2 827,52’ shall be replaced by: ‘EUR 2 861,45’;

               (h)

               in Article 3(2) of Appendix 5, the amount ‘EUR 16 965,09’ shall be replaced by: ‘EUR 17 168,67’;

               (i)

               in Article 4(1) of Appendix 5, the amount ‘EUR 1 256,68’ shall be replaced by: ‘EUR 1 271,76’;

               (j)

               in Article 4(1) of Appendix 5, the amount ‘EUR 942,53’ shall be replaced by: ‘EUR 953,84’;

               (k)

               in Article 4(1) of Appendix 5, the amount ‘EUR 628,33’ shall be replaced by: ‘EUR 635,87’;

               (l)

               in Article 4(1) of Appendix 5, the amount ‘EUR 502,66’ shall be replaced by: ‘EUR 508,69’;

               (m)

               in Article 5(3) of Appendix 5, the amount ‘EUR 1 773,42’ shall be replaced by: ‘EUR 1 794,70’;

               (n)

               in Article 5(3) of Appendix 5, the amount ‘EUR 2 364,57’ shall be replaced by: ‘EUR 2 392,94’;

               (o)

               in Article 5(3) of Appendix 5, the amount ‘EUR 2 955,70’ shall be replaced by: ‘EUR 2 991,17’.

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

      Done at Brussels, 30 November 2009.

            For the Council

            The President

         B. ASK

      (1)  OJ C 26, 30.1.1999, p. 23.

      (2)  Opinion of 22.10.2009 (not yet published in the OJ).


               12.8.2016

               EN

               Official Journal of the European Union

               C 294/109

         P8_TA(2014)0109
   Non-objection to a delegated act: Ex ante contributions to resolution financing arrangements
   European Parliament decision of 18 December 2014 to raise no objections to the Commission delegated regulation of 21 October 2014 supplementing Directive 2014/59/EU of the European Parliament and the Council of 15 May 2014 with regard to ex ante contributions to resolution financing arrangements (C(2014)07674 — 2014/2923(DEA))
   (2016/C 294/38)

      The European Parliament,

               —

               having regard to the Commission delegated regulation (C(2014)07674),

               —

               having regard to the Commission’s letter of 18 November 2014 asking Parliament to declare that it will raise no objections to the delegated regulation,

               —

               having regard to the letter from the Committee on Economic and Monetary Affairs to the Chair of the Conference of Committee Chairs of 16 December 2014,

               —

               having regard to Article 290 of the Treaty on the Functioning of the European Union,

               —

               having regard to Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC, and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) No 648/2012 of the European Parliament and of the Council (1), and in particular Articles 103(7) and (8) and 115(5) thereof,

               —

               having regard to the recommendation for a decision by the Committee on Economic and Monetary Affairs,

               —

               having regard to the agreement within the Council on the implementing Regulation specifying uniform conditions of application of Regulation (EU) No 806/2014 of the European Parliament and of the Council with regard to ex-ante contributions to the Single Resolution Fund (COM(2014)0710),

               —

               having regard to Rule 105(6) of its Rules of Procedure,

               A.

               whereas Article 130 of Directive 2014/59/EU (the BRRD Directive) requires Member States to apply the national measures necessary to comply with that Directive from 1 January 2015;

               B.

               whereas in order to apply the Directive, Member States must ensure that contributions are raised at least annually from the relevant credit institutions and investment firms (‘the institutions’) authorised in their territory (Article 103(1) BRRD Directive);

               C.

               whereas those contributions are to be adjusted to the risk profile of institutions in accordance with the criteria specified in a Commission delegated act;

               D.

               whereas Article 103(7) of the BRRD Directive empowers the Commission to adopt delegated acts in order to specify the notion of adjusting contributions in proportion to the risk profile of the institutions, taking into account certain criteria enumerated in that article;

               E.

               whereas on 21 October 2014, in order to satisfy the latter empowerment, the Commission adopted the Commission delegated regulation supplementing Directive 2014/59/EU of the European Parliament and the Council of 15 May 2014 with regard to ex ante contributions to resolution financing arrangements;

               F.

               whereas this delegated regulation may only enter into force at the end of the scrutiny period of Parliament and the Council, if no objection has been expressed either by Parliament or the Council, or if before the expiry of that period both Parliament and the Council have informed the Commission that they will not object; whereas the scrutiny period is set under Article 115(5) of the BRRD Directive as three months from the date of notification, i.e. until 21 January 2015, and it may be extended by a further three-month period;

               G.

               whereas the smooth and timely implementation of the BRRD framework by 1 January 2015 requires that the national resolution authorities start calculating and collecting the contributions to the resolution financing arrangements as soon as possible and in any event by 1 January 2015; whereas this calculation and collection is to be carried out in accordance with the abovementioned delegated regulation;

               H.

               whereas the delegated regulation should therefore enter into force in 2014, before the expiry of the scrutiny period referred to in recital F;

               I.

               whereas the agreement within the Council on the implementing regulation specifying uniform conditions of application of Regulation (EU) No 806/2014 of the European Parliament and of the Council with regard to ex-ante contributions to the Single Resolution Fund, reached after an informal involvement of Parliament, is consistent with the above delegated regulation;

               1.

               Declares that it has no objections to the delegated regulation;

               2.

               Instructs its President to forward this decision to the Council and the Commission.

      (1)  OJ L 173, 12.6.2014, p. 190.


Avis juridique important

|

31993D0413

93/413/EEC: Commission Decision of 19 July 1993 terminating the anti-dumping proceeding concerning imports of compact discs originating in Taiwan, Singapore and Malaysia

Official Journal L 185 , 28/07/1993 P. 0051 - 0052

COMMISSION DECISION of 19 July 1993 terminating the anti-dumping proceeding concerning imports of compact discs originating in Taiwan, Singapore and Malaysia(93/413/EEC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to Council Regulation (EEC) No 2423/88 of 11 July 1988 on protection against dumped or subsidized imports from countries not members of the European Economic Community (1), and in particular Article 9 thereof,  Having regard to the proposal submitted by the Commission, after consultations within the Advisory Committee as provided for under the above Regulation,  Whereas:  A. PROCEDURE  (1) In February 1992 the Commission received a complaint lodged by Compact (Committee of Mechoptronics Producers and Connected Technologies), on behalf of producers representing a major proportion of the Community production of compact  disc players. The complaint contained evidence of dumping and of material injury resulting therefrom to justify the initiation of a proceeding. The Commission accordingly announced, by a notice published in the Official Journal of the European  Communites (2), the initiation of an anti-dumping proceeding concerning imports of certain compact disc players, i.e. stand-alone sound reproducers with a laser optical reading system, with external dimensions of at least 150 × 45 × 170 mm, able to  function with AC mains supply of usually 110/120/220/240 v, not capable of operating with internal or external power supply of 24 v DC or less, originating in Taiwan, Singapore and Malaysia.  In this notice, the Commission indicated that at least some of the compact disc players presently exported from Taiwan, Singapore and Malaysia may not originate, according to the Community rules on origin, in these three countries but in Japan. The  Commission therefore stated that the findings on question of origin of these products could also be relevant to the review (3) of the anti-dumping measures established by Council Regulation (EEC) No 112/90 (4) which imposed anti-dumping duties on  imports of the product concerned originating in Japan and Korea.  (2) The Commission officially so advised the exporters known to be concerned, the representatives of the exporting countries and the complainants, and gave the parties directly concerned the opportunity to make known their views in writing and to  request a hearing.  (3) All of the known producers in the three countries and some importers made their views known in writing.  (4) The Commission sought and verified all information deemed to be necessary for the purpose of a preliminary determination and carried out investigations at the premises of the major Community producer, producers in Taiwan, Singapore and Malaysia,  some parent companies of these producers in Japan and a number of importers.  (5) Given the issue of origin referred to in the opening notice [see recital (1)], the investigation of dumping covered the period 1 January to 31 December 1991 in order to coincide with the investigation period in the review of Regulation (EEC) No  112/90.  B. WITHDRAWAL OF THE COMPLAINT AND TERMINATION OF THE PROCEEDING  (6) The two major Community producers officially advised the Commission of their intention to cease production of compact disc players in the Community. These producers declared that the  discontinuation of their production within the Community would be completed by the end of 1993 and that they were of the opinion that there was no justification for protective measures.  (7) Furthermore, the complainant, Compact, representing the producers comprising the Community industry formally withdrew on 6 April 1993 its complaint concerning imports of compact disc players originating in Taiwan, Singapore and Malaysia. The  Commission considered that a termination would not be against the interest of the Community.  (8) In these circumstances, it is considered that protective measures are unnecessary and that, accordingly, the anti-dumping proceeding concerning imports of compact disc players originating in Taiwan, Singapore and Malaysia should be terminated  without the imposition of protective measures.  HAS DECIDED AS FOLLOWS:  Sole Article  The anti-dumping proceeding concerning imports of certain compact disc players, i.e. stand-alone sound reproducers with a laser optical reading system, with external dimensions of at least 150 × 45 × 170 mm, able to function with AC mains  supply of usually 110/120/220/240 v, not capable of operating with internal or external power supply of 24 v DC or less, originating in Taiwan, Singapore and Malaysia is hereby terminated.  Done at Brussels, 19 July 1993.  For the Commission Leon BRITTAN Vice-President (1) OJ No L 209, 2. 8. 1988, p. 1.  (2) OJ No C 148, 12. 6. 1992, p. 7.  (3) OJ No C 173, 4. 7. 1991, p. 3, OJ No C 174, 5. 7. 1991, p. 15 and OJ No C 334, 28. 12. 1990, p. 8.  (4) OJ No L 13, 17, 1. 1990, p. 21.


title: 86/643/ECSC: Decision of the Representatives of the Governments of the Member States of the European Coal and Steel Community, meeting within the Council of 22 December 1986 extending the provisional arrangements for trade between Spain and Portugal on the one hand and the African, Caribbean and Pacific States (ACP States) on the other in products falling within the ECSC Treaty

text:
No L 380 / 64                            Official Journal of the European Communities                                         31 . 12 . 86
                  DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE
                  MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY ,
                                              MEETING WITHIN THE COUNCIL
                                                        of 22 December 1986
                  extending the provisional arrangements for trade between Spain and Portugal on the one
                  hand and the African , Caribbean and Pacific States (ACP States ) on the other in products
                                                  falling within the ECSC Treaty
                                                           ( 86 / 643 / ECSC )
THE REPRESENTATIVES OF THE GOVERNMENTS OF                                HAS DECIDED AS FOLLOWS :
THE MEMBER STATES OF THE EUROPEAN COAL AND
STEEL COMMUNITY , MEETING WITHIN THE COUNCIL ,                                                      Article 1
Whereas the Member States have concluded the Treaty                      The period of validity of Decision 86 / 49 / ECSC shall be
establishing the European Coal and Steel Community ;                     extended until the closure of negotiations for the
                                                                         conclusion of the Protocol referred to in Articles 174 and
Whereas Decision 86 / 49 / ECSC ( l ) establishing provisional           366 of the Act of Accession or 30 June 1987 , whichever is
                                                                         the earlier . However , this Decision shall cease to have
arrangements for trade between Spain and Portugal on the
one hand and the African , Caribbean and Pacific States                  effect should the transitional arrangements adopted jointly
( ACP States) on the other in products falling within the                with the ACP States no longer be in force .
ECSC Treaty , pending the entry into force of the additional
protocol to the Third ACP-EEC Convention provided for                                               Article 2
in Articles 179 and 366 of the Act of Accession of Spain
and Portugal , expires on 31 December 1986 ;                             Member States shall take the measures necessary to
                                                                         implement this Decision .
Whereas it will not be possible for the said protocol to
enter into force on the date indicated ;
                                                                                Article 3
Whereas Article 2 of ACP-EEC Decision No 11 / 86
extending ACP-EEC Decision No 6 / 86 provides that the                   This Decision shall be published in the Official Journal of
ACP States , the Member States and the Community are                     the European Communities.
obliged , each to the extent to which it is concerned , to take
the measures entailed by the implementation of this                      It shall take effect on the day of its publication .
Decision ;
Whereas the period of validity of Decision 86 / 49 / ECSC                Done at Brussels , 22 December 1986 .
should , therefore, be extended beyond 31 December
1986 ;                                                                                The President
In agreement with the Commission ,                                                                                G. SHAW
 (M OJ No L 63 , 5 . 3 . 1986 , p. 187 .


title: 2013/265/EU: Council Decision of 29 May 2013 appointing an Italian member of the Committee of the Regions

text:
               6.6.2013

               EN

               Official Journal of the European Union

               L 154/7

         COUNCIL DECISION
   of 29 May 2013
   appointing an Italian member of the Committee of the Regions
   (2013/265/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the Italian Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               A member’s seat on the Committee of the Regions has become vacant following end of the term of office of Mr Giuseppe CASTIGLIONE,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following is hereby appointed as member to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

               —

               Mr Guerino TESTA, Presidente della Provincia di Pescara.

         Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 29 May 2013.

            For the Council

            The President

         R. BRUTON

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.


title: Commission Decision (EU) 2015/512 of 25 March 2015 amending Decision 1999/352/EC, ECSC, Euratom establishing the European Anti-fraud Office

text:
               26.3.2015

               EN

               Official Journal of the European Union

               L 81/4

         COMMISSION DECISION (EU) 2015/512
   of 25 March 2015
   amending Decision 1999/352/EC, ECSC, Euratom establishing the European Anti-fraud Office
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 249 thereof,
   Whereas:

               (1)

               At the 2104th meeting of the College on 5 November 2014, the Commission decided to reorganise its services and to transfer from the European Anti-fraud Office to the Directorate-General for Economic and Financial Affairs the tasks related to the preparation of legislative and regulatory initiatives of the Commission with the objective of the protection of the euro against counterfeiting, and of support in that area through training and technical assistance.

               (2)

               Commission Decision 1999/352/EC, ECSC, Euratom (1) should therefore be amended.

               (3)

               As the abovementioned reorganisation of the Commission services became effective on 1 January 2015, the relevant legal provisions should be updated without delay,

         HAS ADOPTED THIS DECISION:
   Article 1
   Article 2 of Decision 1999/352/EC, ECSC, Euratom is amended as follows:

               (1)

               in paragraph 2, the second sentence is deleted;

               (2)

               paragraph 4 is replaced by the following:
               ‘4.   The Office shall be responsible for the preparation of the legislative and regulatory initiatives of the Commission with the objective of fraud prevention as referred to in paragraph 1.’.
         Article 2
   This Decision shall enter into force on the first day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 25 March 2015.

            For the Commission

            The President

         Jean-Claude JUNCKER

      (1)  Commission Decision 1999/352/EC, ECSC, Euratom of 28 April 1999 establishing the European Anti-fraud Office (OLAF) (OJ L 136, 31.5.1999, p. 20).


title: 2011/808/EU: Council Decision of 5 December 2011 amending and extending the application period of Decision 2010/371/EU concerning the conclusion of consultations with the Republic of Madagascar under Article 96 of the ACP-EC Partnership Agreement

text:
               7.12.2011

               EN

               Official Journal of the European Union

               L 324/1

         COUNCIL DECISION
   of 5 December 2011
   amending and extending the application period of Decision 2010/371/EU concerning the conclusion of consultations with the Republic of Madagascar under Article 96 of the ACP-EC Partnership Agreement
   (2011/808/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard 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 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 (1) and amended in Ouagadougou, Burkina Faso, on 22 June 2010 (2), hereinafter referred to as "the ACP-EC Partnership Agreement", and in particular Article 96 thereof,
   Having regard to the Internal Agreement between the representatives of the governments of the Member States, meeting within the Council, on measures to be taken and procedures to be followed for the implementation of the ACP-EC Partnership Agreement (3), and in particular Article 3 thereof,
   Having regard to the proposal from the European Commission,
   In agreement with the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               Decision 2010/371/EU of 7 June 2010 concerning the conclusion of consultations with the Republic of Madagascar under Article 96 of the ACP-EU Partnership Agreement (4) was adopted in order to implement appropriate measures in response to the violation of the essential elements referred to in Article 9 of the said ACP-EU Partnership Agreement.

               (2)

               These appropriate measures were extended until 6 December 2011 by Decision 2011/324/EU (5) since, after twelve months, no road map for a consensus-based transition had been signed by the Malagasy parties or endorsed by the Southern African Development Community (SADC), the African Union or the international community.

               (3)

               Thanks to major efforts by all Malagasy political parties and the mediation of the SADC, a "roadmap" to end the crisis in Madagascar was signed by a clear majority of Madagascar's political stakeholders on 16 September 2011. This roadmap outlines the commitments entered into by the signatories with a view to a neutral, inclusive and consensus-based transition process leading to the holding of transparent, free and credible elections and the return to constitutional order. Implementation has already begun with the appointment of a consensus Prime Minister on 28 October 2011.

               (4)

               Accordingly, the appropriate measures should be amended so that the European Union can support the transition process, on condition that the Malagasy side fulfils its commitments in terms of the key transition milestones of the roadmap or of those that may emerge by agreement in the course of any political dialogue between the Malagasy government and the Union.

               (5)

               The period of application of Decision 2010/371/EU expires on 6 December 2011. The appropriate measures as amended by this Decision should be applicable for twelve months, subject to their regular review over this period,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/371/EU is hereby amended as follows:

               (1)

               in Article 3 the second sentence is replaced by the following:
               "It shall remain in force during the period until 6 December 2012, subject to regular review during this period";

               (2)

               the appropriate measures set out in the letter in the Annex to Decision 2010/371/EU of 7 June 2010 are replaced by the appropriate measures set out in the Annex to this Decision.

         Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 5 December 2011.

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  OJ L 287, 4.11.2010, p. 3.

      (3)  OJ L 317, 15.12.2000, p. 376.

      (4)  OJ L 169, 3.7.2010, p. 13.

      (5)  OJ L 146, 1.6.2011, p. 2.

      ANNEX

         LETTER TO THE INTERIM PRESIDENT

      Sir,
      The European Union (EU) attaches the utmost importance to the provisions of Article 9 of the Partnership Agreement between the members of the African, Caribbean and Pacific 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 and amended in Ouagadougou, Burkina Faso, on 22 June 2010 (hereinafter "ACP-EC Partnership Agreement"). As essential elements of the ACP-EU Partnership Agreement, respect for human rights, democratic institutions and the rule of law form the basis of our relations.
      By letter of 16 June 2011, the European Union informed you of its Decision 2011/324/EU to extend until 6 December 2011 the appropriate measures under Article 96(2)(c) of the ACP-EC Partnership Agreement.
      Since that date the European Union has closely monitored developments in your country and actively supported the mediation efforts brokered by the Southern African Development Community (SADC) and supported in particular by the Indian Ocean Commission and other African partners, which finally led to the signing on 16 September 2011 of the "roadmap" to end the crisis in Madagascar, as amended and explicitly extended to cover the return to Madagascar of all Malagasy citizens in exile for political reasons following the SADC summit on 11 and 12 June 2011.
      The European Union welcomes the signing of the roadmap, which opens the way to a transition process leading to the holding of transparent, free and credible elections and a rapid return to constitutional order. The European Union would point out that it remains ready to back the transition process and support it politically and financially, should it be called on to do so by the SADC and the African Union (AU), and in close cooperation with the international community.The European Union is ready to intensify the political dialogue with the transition authorities emerging from the implementation of the roadmap in order to examine the conditions and detailed arrangements for support.
      In accordance with Articles 4, 5, 6 and 8 of the roadmap, the appointment of the consensus prime minister and the transitional government are crucial steps in the implementation of the process since they are responsible for creating the necessary conditions for the holding of credible, fair and transparent elections, in cooperation with the international community.
      Political and financial support from the European Union is subject to the Malagasy party's fulfilling the commitments set out below:

                  Commitments of the Malagasy party

                  Commitments of the European Union

                     Signing of the roadmap

                     Statement by the spokesperson of the High Representative of the Union for Foreign Affairs and Security Policy (HR) (welcoming the signing and expressing willingness to offer political and financial support for implementation of the transition, subject to its being carried out)

                     Initial high-level contacts with the Malagasy authorities (visit of two Malagasy ministers)

                     Identification/formulation of programmes to support vulnerable sections of the population (Health, education and nutrition programme, Programme of support for civil society, Food security and rural infrastructure programme, Labour-intensive rural roads programme) under the 10th European Development Fund (EDF) for around EUR 100 million and budget lines

                     Identification of programmes to support the transition under the 10th EDF and budget lines

                     Identification of development cooperation programmes under the 10th EDF mainly via the Technical Cooperation Facility (TCF) of EUR 6 million (in the intervention areas specified in the national indicative programmes (NIP) of the 10th EDF) and budget lines and European Investment Bank operations.

                     Appointment of the consensus prime minister and transitional government of national unity

                     Recognition of the legitimacy of Madagascar's interim President and government, opening the door to the presentation of credentials by the EU's ambassador to Madagascar

                     EU's affirmative response and active participation, in consultation with the SADC and the AU, in coordinating the international community's joint response

                     Identification of electoral support measures under various instruments, in particular the Stability Instrument, taking into account available financial resources

                     Formulation of programmes to support the transition under the 10th EDF and budget lines
                  Formulation of development cooperation programmes under the 10th EDF (in the intervention areas specified in the NIP of the 10th EDF) and budget lines.

                     Setting up a transitional parliament and independent national electoral commission (CENI) and drafting and implementing a credible electoral framework with United Nations (UN) support (electoral evaluation report)

                     If the report of the UN electoral assessment mission is deemed satisfactory and the electoral timetable realistic:

                              —

                                 Inclusion of Madagascar in the list of priority countries for an EU election observation mission in 2012, thus confirming the Union's willingness to send an EU election observation mission, depending on available funds and following the results of an exploratory mission

                              —

                                 Formulation of electoral support measures using various instruments, in particular the stability instrument, taking into account available financial resources

                     Adoption of an amnesty law ratified by the interim parliament and adoption by the said parliament of a law laying down the conditions for implementing the resignation of the interim president, the prime minister and members of the interim government if they decide to stand for election

                     Identification/formulation of measures to support national reconciliation and democratisation

                     Holding of parliamentary and presidential elections

                     Sending an EU election observation mission, depending on available funds

                     Proclamation of the election results

                     Statement by HR on the conduct and results of the elections and assessment of their credibility

                     If the assessment of the elections is favourable, start of the procedure for repealing the Decision under Article 96 of the ACP-EC PartnershipAgreement and the European Commission's decision to take over the functions of NAO

                     New president, government and parliament take up their functions and the country returns to constitutional order

                     EU statement by the HR and the Commissioner for development welcoming the return to constitutional order and confirming the full normalisation of relations between the EU and Madagascar and complete resumption of development cooperation

                     Repeal of the Decision under Article 96 of the ACP-EU Partnersip Agreement and the Commission's decision to take over the functions of the NAO

            We urge you and all Malagasy political stakeholders to persevere in your efforts to implement the roadmap as soon as possible so that the EU can support the consensus-based, neutral transition process to help Madagascar emerge from the crisis.
      The European Union has decided to replace the appropriate measures set out in the letter annexed to Decision 2010/371/EUwith the following appropriate measures:

                  —

                  humanitarian and emergency aid is not affected,

                  —

                  the European Commission will implement certain projects and programmes that directly benefit the population,

                  —

                  budgetary aid provided for in the 9th and 10th EDF NIPs will remain suspended,

                  —

                  projects and programmes already under way under the 9th EDF will continue to be implemented, except for activities and payments directly involving the government and its agencies; a revision may be possible in the light of developments in the political situation. Amendments and addenda to current contracts will be examined on a case-by-case basis,

                  —

                  regional projects will be evaluated on a case-by-case basis,

                  —

                  the implementation of the 10th EDF NIP is subject to the Malagasy party's fulfilment of the commitments set out in the above schedule. The said fulfilment of these commitments will find a response from the European Union, which will gradually implement development cooperation programmes, measures to support the transition and particularly the electoral process, and will eventually fully resume development cooperation, making the main part of the funds allocated available to Madagascar.

            These measures will remain in force for 12 months but may be reviewed at any moment in the light of positive or negative developments in the political situation in Madagascar.
      Yours faithfully,

               For the Council

               For the Commission


title: 2008/434/EC: Council Decision of 6 June 2008 appointing an Italian member of the Committee of the Regions

text:
               12.6.2008

               EN

               Official Journal of the European Union

               L 153/34

      COUNCIL DECISION

   of 6 June 2008
   appointing an Italian member of the Committee of the Regions
   (2008/434/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the Italian Government,
   Whereas:

               (1)

               On 24 January 2006 the Council adopted Decision 2006/116/EC (1) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010.

               (2)

               The seat of a member has fallen vacant following the expiry of the mandate of Mr Giancarlo GABBIANELLI,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Giuseppe MICARELLI, Sindaco del Comune di Capodimonte, is hereby appointed a member of the Committee of the Regions for the remainder of the term of office, which ends on 25 January 2010.
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Luxembourg, 6 June 2008.

            For the Council

            The President

         A. VIZJAK

      (1)  OJ L 56, 25.2.2006, p. 75.