title: 2014/32/EU: Decision of the European Central Bank of 29 August 2013 on the paying-up of the European Central Bank’s capital by the national central banks of Member States whose currency is the euro (ECB/2013/30)

text:
               21.1.2014

               EN

               Official Journal of the European Union

               L 16/61

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 29 August 2013
   on the paying-up of the European Central Bank’s capital by the national central banks of Member States whose currency is the euro
   (ECB/2013/30)
   (2014/32/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 28.3 thereof,
   Whereas:

               (1)

               Decision ECB/2013/19 of 21 June 2013 on the paying-up of the European Central Bank’s capital by the national central banks of Member States whose currency is the euro (1) determined how and to what extent national central banks (NCBs) of Member States whose currency is the euro (hereinafter ‘euro area NCBs’) were under an obligation to pay up the capital of the European Central Bank (ECB) on 1 July 2013.

               (2)

               Decision ECB/2013/28 of 29 August 2013 on the national central banks’ percentage shares in the key for subscription to the European Central Bank’s capital (2) provides for the adjustment of the key for subscription to the ECB’s capital (hereinafter the ‘capital key’) in accordance with Article 29.3 of the Statute of the European System of Central Banks and of the European Central Bank and establishes with effect from 1 January 2014 the new weightings assigned to each NCB in the adjusted capital key (hereinafter the ‘capital key weightings’).

               (3)

               The ECB’s subscribed capital will be EUR 10 825 007 069,61 from 1 January 2014.

               (4)

               The adjustment of the ECB’s capital key requires the adoption of a new ECB decision repealing Decision ECB/2013/19 with effect from 1 January 2014, and determining how and to what extent the euro area NCBs are under an obligation to pay up the ECB’s capital with effect from 1 January 2014.

               (5)

               Pursuant to Article 1 of Council Decision 2013/387/EU of 9 July 2013 on the adoption by Latvia of the euro on 1 January 2014 (3), in accordance with Article 140(2) of the Treaty on the Functioning of the European Union, Latvia fulfils the necessary conditions for adoption of the euro and the derogation granted to it under Article 4 of the 2003 Act of Accession (4) will be abrogated with effect from 1 January 2014.

               (6)

               Latvijas Banka’s obligation to pay up the remaining share of its subscription to the ECB’s capital with effect from 1 January 2014, taking into account the adjusted capital key, will be laid down in a separate decision of the Governing Council on the paying-up of capital, transfer of foreign reserve assets and contributions by Latvijas Banka to the European Central Bank’s reserves and provisions,

         HAS ADOPTED THIS DECISION:
   Article 1
   Extent and form of subscribed and paid-up capital
   Each euro area NCB shall pay up its subscription to the ECB’s capital in full with effect from 1 January 2014.
   Taking into account the capital key weightings set out in Article 2 of Decision ECB/2013/28, each euro area NCB shall have a total subscribed and paid-up capital of the amount shown next to its name in the following table:

               Euro area NCB

               EUR

               Nationale Bank van België/Banque Nationale de Belgique

               268 222 025,17

               Deutsche Bundesbank

               1 948 208 997,34

               Eesti Pank

               20 870 613,63

               Central Bank of Ireland

               125 645 857,06

               Bank of Greece

               220 094 043,74

               Banco de España

               957 028 050,02

               Banque de France

               1 534 899 402,41

               Banca d’Italia

               1 332 644 970,33

               Central Bank of Cyprus

               16 378 235,70

               Latvijas Banka

               30 537 344,94

               Banque centrale du Luxembourg

               21 974 764,35

               Central Bank of Malta

               7 014 604,58

               De Nederlandsche Bank

               433 379 158,03

               Oesterreichische Nationalbank

               212 505 713,78

               Banco de Portugal

               188 723 173,25

               Banka Slovenije

               37 400 399,43

               Národná banka Slovenska

               83 623 179,61

               Suomen Pankki

               136 005 388,82

         Article 2
   Adjustment of paid-up capital
   1.   Given that each euro area NCB has already paid up its full share in the ECB’s subscribed capital as applicable until 31 December 2013 under Decision ECB/2013/19, each of them, with the exception of Latvijas Banka, shall either transfer an additional amount to the ECB or receive an amount back from the ECB, as appropriate, in order to arrive at the amounts shown in the table in Article 1. The paying-up of capital by Latvijas Banka will be regulated by a separate decision of the Governing Council.
   2.   All transfers pursuant to this Article shall be made in accordance with Decision ECB/2013/29 of 29 August 2013 laying down the terms and conditions for transfers of the European Central Bank’s capital shares between the national central banks and for the adjustment of the paid-up capital (5).
   Article 3
   Entry into force and repeal
   1.   This Decision shall enter into force on 1 January 2014.
   2.   Decision ECB/2013/19 is repealed with effect from 1 January 2014.
   3.   References to Decision ECB/2013/19 shall be construed as being made to this Decision.

      Done at Frankfurt am Main, 29 August 2013.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 187, 6.7.2013, p. 23.

      (2)  See page 53 of this Official Journal.

      (3)  OJ L 195, 18.7.2013, p. 24.

      (4)  Act concerning the conditions of accession of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic and the adjustments to the Treaties on which the European Union is founded (OJ L 236, 23.9.2003, p. 33).

      (5)  See page 55 of this Official Journal.


               23.12.2015

               EN

               Official Journal of the European Union

               C 434/156

         P7_TA(2012)0502
   EP Rules of Procedure: amendment of Rule 123 on written declarations and Rule 42 on legislative initiatives
   European Parliament decision of 13 December 2012 on amendment of Rules 123 and 42 of Parliament's Rules of Procedure: written declarations and legislative initiatives (2011/2058(REG))
   (2015/C 434/20)

      The European Parliament,

               —

               having regard to the letter from its President of 11 November 2010,

               —

               having regard to its Policy Department's study entitled ‘Written declarations in the European Parliament — A review of process and impact’ (PE 462.424),

               —

               having regard to Rules 211 and 212 of its Rules of Procedure,

               —

               having regard to the report of the Committee on Constitutional Affairs (A7-0242/2012),

         Whereas:

               A.

               Parliament has over the years considerably extended its powers, securing for itself substantial tools enabling it to influence the decision-making process of the European Union in most of the Union's activities;

               B.

               the institutions to which a written declaration is addressed should ensure that it is properly followed up;

               C.

               written declarations serve as a useful vehicle for raising issues of particular concern to Union citizens;

               D.

               written declarations are used regularly but not in very great numbers; only a small percentage of them obtain the required support of a majority of Parliament's component members;

               E.

               the majority of written declarations lapse after the period laid down in the Rules of Procedure;

               F.

               the majority of adopted written declarations are addressed to the Commission, which is recognised to be the only institution that has responded to the issues raised therein;

               G.

               those responses are in most cases limited to reiterating ongoing activities of the Commission and only in exceptional cases include a specific activity prompted by a written declaration;

               H.

               in the light of Parliament's increased prerogatives, as well as the introduction of the European citizens' initiative, the significance of written declarations has changed, though they still can be a useful tool enabling Members to raise awareness on issues of public concern;

               I.

               written declarations have a very limited impact, in terms of both agenda-setting and influencing decisions taken by the institutions, and may give a misleading impression as to their effectiveness; when properly used, however, they still retain value as a popular campaigning tool; for proposals calling for a legislative action, Rule 42(2) should be used, giving individual Members a real opportunity to influence Union legislation and to incorporate a given proposal into the work of Parliament's committees;

               J.

               the quality and relevance of some written declarations, and in particular their concordance with the competences of the Union as set out in Title I of Part I of the Treaty on the Functioning of the European Union, can be underwhelming; in the next term, therefore, Parliament might assess the impact of the new provisions of its Rules of Procedure concerning written declarations and examine their effectiveness;

               1.

               Decides to amend its Rules of Procedure as shown below;

               2.

               Takes the view that the institutions to which a written declaration is addressed should inform Parliament about the intended follow-up within three months from receipt of such a declaration; intends, moreover, to seek an agreement with the Commission on this principle on the occasion of the next negotiations on the revision of the Framework Agreement on relations between the European Parliament and the European Commission;

               3.

               Points out that the amendments will enter into force on the first day of the next part-session;

               4.

               Welcomes the decision of the Bureau to limit extensive advertising of written declarations, thus allowing untroubled access to Parliament's Chamber for its Members;

               5.

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

      Amendment 6

      Parliament's Rules of Procedure

      Rule 42 — paragraphs 2 and 3

                  Present text

                  Amendment

               2.   Any Member may table a proposal for a Union act on the basis of the right of initiative granted to Parliament under Article 225 of the Treaty on the Functioning of the European Union.

               2.   Any Member may table a proposal for a Union act on the basis of the right of initiative granted to Parliament under Article 225 of the Treaty on the Functioning of the European Union.
                     Such a proposal may be tabled together by up to 10 Members. The proposal shall indicate its legal basis and may be accompanied by an explanatory statement of no more than 150 words.

               3.   The proposal shall be submitted to the President, who shall refer
                     it
                   to the committee responsible for
                     consideration
                  . Before such referral, the proposal shall be translated into those official languages which the Chair of that committee considers necessary in order to make summary consideration possible. The committee shall take a decision on further action within three months of the referral, and after having heard the
                     author
                   of the proposal.

               3.   The proposal shall be submitted to the President, who shall
                     verify whether the legal requirements are fulfilled. He may
                   refer
                     the proposal for an opinion on the appropriateness of the legal basis
                   to the committee responsible for
                     such verification
                  .
                     If the President declares the proposal admissible, he shall announce it in plenary and refer it to the committee responsible.

               Before such referral
                     to the committee responsible
                  , the proposal shall be translated into those official languages which the Chair of that committee considers necessary in order to make summary consideration possible.

                     The committee may recommend to the President that the proposal be opened for signature by any Member, subject to the modalities and deadlines set out in Rule 123(1a), 123(2) and 123(5).

                     Where the committee decides to submit the proposal to Parliament in accordance with the procedure set out in Rule 48
                  , the
                     author
                   of the proposal shall be named in the title of the report.

                     Where such a proposal is signed by a majority of Parliament's component members, the report on the proposal shall be deemed to be authorised by the Conference of Presidents. The committee shall draw up a report in accordance with Rule 48, after having heard the authors of the proposal.

                     Where a proposal is not opened for additional signatures or is not signed by a majority of Parliament's component Members
                   the committee
                     responsible
                   shall take a decision on further action within three months of the referral, and after having heard the
                     authors
                   of the proposal.

               The
                     authors
                   of the proposal shall be named in the title of the report.

      Amendment 1

      Parliament's Rules of Procedure

      Rule 123 — paragraph 1

                  Present text

                  Amendment

               1.
                     Up to five
                   Members may submit a written declaration of not more than 200 words
                     on
                   a matter falling within the competence of the European Union
                     which does not cover issues that are the subject of an ongoing legislative process
                  . Authorisation
                     shall be given
                   by the President
                     on a case-by-case basis
                  . Written declarations shall be
                     printed
                   in the official languages and distributed. They shall be entered with the names of the signatories, in
                     a
                   register. This register shall be public and shall be
                     kept outside the entrance to the Chamber during part-sessions and in an appropriate location, to be determined by the College of Quaestors, between part-sessions.

               1.
                     At least 10
                   Members
                     from at least three political groups
                   may submit a written declaration of not more than 200 words
                     relating exclusively to
                   a matter falling within the competence of the European Union.
                     The contents of such a declaration may not go beyond the form of a declaration. In particular, it may not call for any legislative action,

                     contain any decision on matters for which specific procedures and competences are laid down in these Rules of Procedure or deal with the subject of ongoing proceedings in Parliament.

                     1a.

                     The
                   authorisation
                     to proceed further shall be subject to a reasoned decision
                   by the President
                     pursuant to paragraph 1 in any given case
                  . Written declarations shall be
                     published
                   in the official languages
                     on Parliament's website
                   and distributed
                     electronically to all Members.
                   They shall be entered, with the names of the signatories, in
                     an electronic
                   register. This register shall be public and shall be
                     accessible through Parliament's website. Hard copies of written declarations with signatures will be also kept by the President.

      Amendment 2

      Parliament's Rules of Procedure

      Rule 123 — paragraph 2

                  Present text

                  Amendment

               2.   The signature of any Member may be added to a declaration entered in the register.

               2.   The signature of any Member may be added to a declaration entered in the
                     electronic
                   register.
                     It may be withdrawn at any time before the end of a period of three months from the entry of the declaration in the register. In the event of such a withdrawal the Member concerned shall not be permitted to add his or her signature again to the declaration.

      Amendment 7

      Parliament's Rules of Procedure

      Rule 123 — paragraph 3

                  Present text

                  Amendment

               3.   Where a declaration is signed by a majority of Parliament's component Members, the President shall notify Parliament accordingly
                     and publish
                   the names of the signatories
                     in the minutes and the declaration as a text adopted
                  .

               3.   Where
                     , at the end of a period of three months from its being entered in the register,
                   a declaration is signed by a majority of Parliament's component Members, the President shall notify Parliament accordingly
                     . Without binding Parliament, the declaration shall be published in the minutes with
                   the names of its signatories.

      Amendment 4

      Parliament's Rules of Procedure

      Rule 123 — paragraph 4 a (new)

                  Present text

                  Amendment

                     4a.

                     Where the institutions to which the adopted declaration has been addressed do not inform Parliament about the intended follow-up within three months from its receipt, the matter shall, at the request of one of the authors of the declaration, be placed on the agenda of a subsequent meeting of the committee responsible.

      Amendment 5

      Parliament's Rules of Procedure

      Rule 123 — paragraph 5

                  Present text

                  Amendment

               5.   A written declaration that has remained in the register for over three months and
                     has
                   not
                     been
                   signed by at least one half of the component Members of Parliament shall lapse.

               5.   A written declaration that has remained in the register for over three months and
                     is
                   not signed by at least one half of the component Members of Parliament shall lapse
                     , without any possibility of that three-month period being extended
                  .


title: Council Decision 2009/906/CFSP of 8 December 2009 on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)

text:
               9.12.2009

               EN

               Official Journal of the European Union

               L 322/22

      COUNCIL DECISION 2009/906/CFSP
   of 8 December 2009
   on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and, in particular, Article 28 and Article 43(2) thereof,
   Whereas:

               (1)

               On 19 November 2007 the Council adopted Joint Action 2007/749/CFSP on the European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH) (1). That Joint Action expires on 31 December 2009.

               (2)

               The command and control structure of EUPM should be without prejudice to the contractual responsibilities of the Head of Mission towards the Commission for implementing the budget of EUPM.

               (3)

               The watch-keeping capability should be activated for EUPM.

               (4)

               EUPM will be conducted in the context of a situation which may deteriorate and could harm the objectives of the common foreign and security policy as set out in Article 21 of the Treaty on European Union,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mission
   1.   The European Union Police Mission (EUPM) in Bosnia and Herzegovina (BiH), established by Joint Action 2002/210/CFSP (2), shall be continued from 1 January 2010.
   2.   EUPM shall operate in accordance with the mission statement as set out in Article 2 and shall carry out the key tasks as set out in Article 3.
   Article 2
   Mission statement
   As part of the broader rule of law approach in BiH and in the region, EUPM, while retaining residual capacities in the fields of police reform and accountability, shall primarily support BiH relevant Law Enforcement Agencies in the fight against organised crime and corruption, notably focusing on State level Law Enforcement Agencies, on enhancement of the interaction between police and prosecutor and on regional and international cooperation.
   EUPM shall provide operational advice to the European Union Special Representative (EUSR) to support him in his role. Through its work and its network within the country, EUPM shall contribute to overall efforts to ensure that the EU is fully informed of developments in BiH.
   EUPM shall operate in line with the general objectives of Annex 11 of the General Framework Agreement for Peace in Bosnia and Herzegovina and its objective shall be supported by the European Community instruments.
   Article 3
   Mission key tasks
   In order to achieve the Mission, the key tasks of EUPM shall be to:

               1.

               strengthen the operational capacity and joint capability of Law Enforcement Agencies engaged in the fight against organised crime and corruption;

               2.

               assist and support in the planning and conduct of investigations in the fight against organised crime and corruption in a systematic approach;

               3.

               assist and promote development of criminal investigative capacities of BiH;

               4.

               enhance police-prosecution cooperation;

               5.

               strengthen police-penitentiary system cooperation;

               6.

               contribute to ensure a suitable level of accountability.

         Article 4
   Structure of the Mission
   1.   EUPM shall be structured as follows:

               (a)

               main headquarters in Sarajevo, composed of the Head of the Mission and staff as defined in the Operation Plan (OPLAN);

               (b)

               four Regional Offices in Sarajevo, Banja Luka, Mostar and Tuzla;

               (c)

               co-locations within the relevant Law Enforcement Agencies engaged in the fight against organised crime and corruption at senior management level and on other key level as deemed required (State Investigation and Protection Agency, Border Police, Indirect Taxation Authority, Directorate for Police Coordination, State Prosecutors’ Office etc.).

         2.   These elements shall be subject to further detailed arrangements in the OPLAN. The Council shall approve the Concept of Operations (CONOPS) and the OPLAN.
   Article 5
   Civilian Operation Commander
   1.   The Civilian Planning and Conduct Capability (CPCC) Director shall be the Civilian Operation Commander for EUPM.
   2.   The Civilian Operation Commander, under the political control and strategic direction of the Political and Security Committee (PSC) and the overall authority of the High Representative of the Union for Foreign Affairs and Security Policy (HR), shall exercise command and control of EUPM at the strategic level.
   3.   The Civilian Operation Commander shall ensure proper and effective implementation of the Council’s decisions as well as the PSC’s decisions, including by issuing instructions at the strategic level as required to the Head of Mission and providing him with advice and technical support.
   4.   All seconded staff shall remain under the full command of the national authorities of the seconding State or EU institution concerned. National authorities shall transfer Operational Control (OPCON) of their personnel, teams and units to the Civilian Operation Commander.
   5.   The Civilian Operation Commander shall have overall responsibility for ensuring that the EU’s duty of care is properly discharged.
   6.   The Civilian Operation Commander and the EUSR shall consult each other as required.
   Article 6
   Head of Mission
   1.   The Head of Mission shall assume responsibility for and exercise command and control of EUPM at theatre level.
   2.   The Head of Mission shall exercise command and control over personnel, teams and units from contributing States as assigned by the Civilian Operation Commander together with administrative and logistic responsibility including over assets, resources and information placed at the disposal of EUPM.
   3.   The Head of Mission shall issue instructions to all EUPM staff for the effective conduct of EUPM in theatre, assuming its coordination and day-to-day management, and following the instructions at the strategic level of the Civilian Operation Commander.
   4.   The Head of Mission shall be responsible for the implementation of EUPM’s budget. For this purpose, the Head of Mission shall sign a contract with the Commission.
   5.   The Head of Mission shall be responsible for disciplinary control over the staff. For seconded staff, disciplinary action shall be exercised by the national or EU authority concerned.
   6.   The Head of Mission shall represent EUPM in the operations area and shall ensure its appropriate visibility.
   7.   The Head of Mission shall coordinate, as appropriate, with other EU actors on the ground. The Head of Mission shall, without prejudice to the chain of command, receive local political guidance from the EUSR.
   Article 7
   EUPM Staff
   1.   The numbers and competence of EUPM staff shall be consistent with the mission statement set out in Article 2, the mission key tasks set out in Article 3 and the structure set out in Article 4.
   2.   EUPM shall consist primarily of staff seconded by Member States or EU institutions. Each Member State or EU institution shall bear the costs related to any of the staff seconded by it, including travel expenses to and from the place of deployment, salaries, medical coverage and allowances other than applicable daily allowances, as well as hardship and risk allowances.
   3.   International civilian staff and local staff may also be recruited by EUPM, as required, on a contractual basis, if the functions required are not provided by personnel seconded by Member States. Exceptionally, in duly justified cases, where no qualified applications from Member States are available, nationals from participating third States may be recruited on a contractual basis, as appropriate.
   4.   All staff shall abide by the Mission-specific minimum security operating standards and the Mission security plan supporting the EU field security policy. As regards the protection of EU classified information with which staff are entrusted in the course of their duties, all staff shall respect the security principles and minimum standards established by the Council Decision 2001/264/EC of 19 March 2001 adopting Council’s security regulations (3) (hereinafter referred to as Council’s Security Regulations).
   Article 8
   Status of Mission and EUPM staff
   1.   The necessary arrangements shall be made regarding the continuation of the Agreement between the EU and BiH of 4 October 2002 on the activities of EUPM in BiH for the duration of EUPM.
   2.   The State or EU institution having seconded a staff member shall be responsible for answering any claims linked to the secondment, from or concerning the staff member. The State or EU institution in question shall be responsible for bringing any action against the seconded person.
   3.   The conditions of employment and the rights and obligations of international and local civilian staff shall be laid down in the contracts between the Head of Mission and the staff member.
   Article 9
   Chain of command
   1.   EUPM shall have a unified chain of command, as a crisis management operation.
   2.   Under the responsibility of the Council, the PSC shall exercise political control and strategic direction of EUPM.
   3.   The Civilian Operation Commander, under the political control and strategic direction of the PSC and the overall authority of the HR, shall be the commander of EUPM at the strategic level and, as such, shall issue instructions to the Head of Mission and provide him with advice and technical support.
   4.   The Civilian Operation Commander shall report to the Council through the HR.
   5.   The Head of Mission shall exercise command and control of EUPM at theatre level and shall be directly responsible to the Civilian Operation Commander.
   Article 10
   Political control and strategic direction
   1.   The PSC shall exercise, under the responsibility of the Council, political control and strategic direction of EUPM. The Council hereby authorises the PSC to take the relevant decisions in accordance with the third paragraph of Article 38 of the Treaty. This authorisation shall include the powers to appoint a Head of Mission, upon a proposal of the HR, and to amend the CONOPS and the OPLAN. The powers of decision with respect to the objectives and termination of EUPM shall remain vested in the Council.
   2.   The PSC shall report to the Council at regular intervals.
   3.   The PSC shall receive, on a regular basis and as required, reports by the Civilian Operation Commander and the Head of Mission on issues within their areas of responsibility.
   Article 11
   Participation of third States
   1.   Without prejudice to the decision-making autonomy of the Union and its single institutional framework, third States may be invited to contribute to EUPM, provided that they bear the cost of the staff seconded by them, including salaries, all risk insurance cover, daily subsistence allowances and travel expenses to and from BiH, and that they contribute to the running costs of EUPM, as appropriate.
   2.   Third States contributing to EUPM shall have the same rights and obligations in terms of day-to-day management of EUPM as Member States.
   3.   The Council hereby authorises the PSC to take the relevant decisions on acceptance of the proposed contributions and to establish a Committee of Contributors.
   4.   Detailed arrangements regarding the participation of third States shall be covered by agreements concluded in accordance with Article 37 of the Treaty. The HR may negotiate such agreements. Where the EU and a third State conclude an agreement establishing a framework for the participation of that third State in EU crisis-management operations, the provisions of that agreement shall apply in the context of the Mission.
   Article 12
   Financial arrangements
   1.   The financial reference amount for the year 2010 to cover the expenditure related to EUPM shall be EUR 14 100 000.
   2.   All expenditure shall be managed in accordance with the Community rules and procedures applicable to the general budget of the European Union. In accordance with the Financial Regulation, the Head of Mission may conclude technical arrangements with Member States, participating third States, and other international actors regarding the provision of equipment, services and premises to EUPM. The Head of Mission shall be responsible for the management of a warehouse stocking used equipment that may also be used to respond to urgent requirements in ESDP deployments. Nationals of participating third States and host country nationals shall be allowed to tender for contracts.
   3.   The Head of Mission shall report fully to, and be supervised by, the Commission regarding the activities undertaken in the framework of his contract.
   4.   The financial arrangements shall respect the operational requirements of EUPM, including compatibility of equipment and interoperability of its teams.
   5.   The expenditure related to EUPM shall be eligible as of 1 January 2010.
   Article 13
   Security
   1.   The Civilian Operation Commander shall direct the Head of Mission’s planning of security measures and ensure their proper and effective implementation for EUPM in accordance with Articles 5 and 9, in coordination with the Security Office of the General Secretariat of the Council.
   2.   The Head of Mission shall be responsible for the security of EUPM and for ensuring compliance with minimum security requirements applicable to EUPM, in line with the policy of the EU on the security of personnel deployed outside the EU in an operational capacity under Title V of the Treaty, and its supporting instruments.
   3.   The Head of Mission shall be assisted by a Senior Mission Security Officer (SMSO), who will report to the Head of Mission and also maintain a close functional relationship with the Security Office of the General Secretariat of the Council.
   4.   The Head of Mission shall appoint Area Security Officers in the four regional offices, who, under the authority of the SMSO, shall be responsible for the day-to-day management of all security aspects of the respective EUPM elements.
   5.   EUPM staff shall undergo mandatory security training before taking up their duties, in accordance with the OPLAN. They shall also receive regular in-theatre refresher training organised by the SMSO.
   Article 14
   Coordination
   1.   Without prejudice to the chain of command, the Head of Mission shall act in close coordination with the EU delegation in BiH to ensure consistency of EU action in support of BiH.
   2.   The Head of Mission shall coordinate closely with the EU Heads of Missions in BiH.
   3.   The Head of Mission shall cooperate with the other international actors present in the country, in particular OSCE, the Council of Europe and with the International Criminal Investigation Training Assistance Programme (ICITAP).
   Article 15
   Release of classified information
   1.   The HR shall be authorised to release to the third States associated with this Decision, as appropriate and in accordance with the needs of EUPM, EU classified information and documents up to ‘RESTREINT UE’ level generated for the purposes of EUPM, in accordance with the Council’s Security Regulations.
   2.   In the event of a specific and immediate operational need, the HR shall also be authorised to release to the host State any EU classified information and documents up to ‘RESTREINT UE’ level which are generated for the purposes of EUPM, in accordance with the Council’s Security Regulations. In all other cases, such information and documents shall be released to the host State in accordance with the appropriate procedures for cooperation by the host State with the EU.
   3.   The HR shall be authorised to release to the third States associated with this Decision any EU non-classified documents connected with the deliberations of the Council relating to EUPM and covered by the obligation of professional secrecy pursuant to Article 6(1) of the Council’s Rules of Procedure (4).
   Article 16
   Review
   A six-monthly review process, in accordance with the assessment criteria set out in the CONOPS and the OPLAN shall enable adjustments to be made to EUPM’s activities, as necessary.
   Article 17
   Watch-Keeping Capability
   The Watch-Keeping Capability shall be activated for EUPM.
   Article 18
   Entry into force and duration
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 1 January 2010 until 31 December 2011. The budget for 2011 shall be decided upon separately by the Council.
   Article 19
   Publication
   1.   This Decision shall be published in the Official Journal of the European Union.
   2.   Decisions of the PSC pursuant to Article 10(1) regarding the appointment of the Head of Mission shall also be published in the Official Journal of the European Union.

      Done at Brussels, 8 December 2009.

            For the Council

            The President

         C. BILDT

      (1)  OJ L 303, 21.11.2007, p. 40.

      (2)  OJ L 70, 13.3.2002, p. 1.

      (3)  OJ L 101, 11.4.2001, p. 1.

      (4)  Council Decision 2006/683/EC, Euratom of 15 September 2006 adopting the Council’s Rules of Procedure (OJ L 285, 16.10.2006, p. 47).


Avis juridique important

|

31997D0863

97/863/EC: Council Decision of 11 December 1997 concerning the conclusion of an Additional Protocol to the Agreement between the European Economic Community and the Republic of Slovenia in the field of transport

Official Journal L 351 , 23/12/1997 P. 0062 - 0062

COUNCIL DECISION of 11 December 1997 concerning the conclusion of an Additional Protocol to the Agreement between the European Economic Community and the Republic of Slovenia in the field of transport (97/863/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 75 in conjunction with the first sentence of Article 228 (2) and the first subparagraph of Article 228 (3) thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Whereas the Agreement between the European Economic Community and the Republic of Slovenia in the field of transport (3), signed on 5 April 1993, and in particular Article 12 (2) thereof, gives unrestricted access for Slovenian heavy goods vehicles for transit through the Community;Whereas Protocol 9 on road, rail and combined transport in Austria to the Act of Accession of Austria, Finland and Sweden to the European Union, and in particular Articles 11 and 14 thereof, establishes a special regime for Community heavy goods vehicles in transit through Austria;Whereas it is necessary to ensure non-discriminatory treatment between Community and Slovenian heavy goods vehicles in transit through Austria as from 1 January 1995;Whereas the Additional Protocol to the Agreement between the European Economic Community and the Republic of Slovenia in the field of transport should be approved,HAS DECIDED AS FOLLOWS:Article 1 The Additional Protocol to the Agreement between the European Economic Community and the Republic of Slovenia in the field of transport is hereby approved on behalf of the Community.The text of the Protocol is annexed to this Decision.Article 2 The President of the Council shall, on behalf of the Community, give the notification provided for in Article 3 of the Protocol.Done at Brussels, 11 December 1997.For the CouncilThe PresidentM. DELVAUX-STEHRES(1) OJ C 369, 7. 12. 1996, p. 5.(2) OJ C 339, 10. 11. 1997.(3) OJ L 189, 29. 7. 1993, p. 161.


Avis juridique important

|

32001D0421

2001/421/EC: Council Decision of 28 May 2001 concerning the conclusion on behalf of the European Community of an Exchange of Letters recording the common understanding reached on the accession of the Republic of Korea to the common understanding on the principles of international cooperation on research and development activities in the domain of intelligent manufacturing systems between the European Community and the United States of America, Japan, Australia, Canada, Norway and Switzerland

Official Journal L 151 , 07/06/2001 P. 0034 - 0034

Council Decisionof 28 May 2001concerning the conclusion on behalf of the European Community of an Exchange of Letters recording the common understanding reached on the accession of the Republic of Korea to the common understanding on the principles of international cooperation on research and development activities in the domain of intelligent manufacturing systems between the European Community and the United States of America, Japan, Australia, Canada, Norway and Switzerland(2001/421/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 170, in conjunction with the first sentence of the first subparagraph of Article 300(2), and the first subparagraph of Article 300(3) thereof,Having regard to the proposal from the Commission,Having regard to the Opinion of the European Parliament(1),Whereas:(1) International cooperation in the domain of intelligent manufacturing systems will strengthen the scientific and technological bases of the Community in industry and will contribute to the competitiveness of Community industry.(2) An Exchange of Letters was concluded between the European Community and the United States of America, Japan, Australia, Canada, Norway and Switzerland(2) recording the common understanding on the principles of international cooperation on research and development activities in the domain of intelligent manufacturing systems (IMS) as set out in the attached IMS Terms of Reference.(3) The IMS Terms of Reference make provisions in Chapter IX for the admission of new participants.(4) The Republic of Korea has applied to become a member of IMS according to Chapter IX of the IMS Terms of Reference.(5) The Republic of Korea has complied with the IMS Terms of Reference and the contributions of the Republic of Korea in the framework of IMS have made it possible to establish a positive profile of the region's participation and the International IMS Steering Committee has recommended on 12 November 1999 that the Republic of Korea should have representation on the International IMS Steering Committee,HAS DECIDED AS FOLLOWS:Article 1The Exchange of Letters recording the common understanding reached on the accession of the Republic of Korea to the common understanding on the principles of international cooperation in research and development activities in the domain of intelligent manufacturing systems (IMS) between the European Community and the United States of America, Japan, Australia, Canada, Norway and Switzerland is hereby approved on behalf of the Community.The text of the Exchange of Letters is attached to this Decision.Article 2The President of the Council is hereby authorised to designate the person(s) empowered to sign the Exchange of Letters in order to bind the Community.Done at Brussels, 28 May 2001.For the CouncilThe PresidentT. Östros(1) Opinion delivered 3 April 2001 (not yet published in the Official Journal).(2) OJ L 161, 18.6.1997, p. 2.


title: Council Decision 2006/1000/CFSP of 11 December 2006 concerning the implementation of Joint Action 2002/589/CFSP with a view to a European Union contribution to combating the destabilising accumulation and spread of small arms and light weapons in Latin America and the Caribbean

text:
               22.12.2006

               EN

               Official Journal of the European Union

               L 367/77

      COUNCIL DECISION 2006/1000/CFSP
   of 11 December 2006
   concerning the implementation of Joint Action 2002/589/CFSP with a view to a European Union contribution to combating the destabilising accumulation and spread of small arms and light weapons in Latin America and the Caribbean
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Joint Action 2002/589/CFSP (1) of 12 July 2002 on the European Union's contribution to combating the destabilising accumulation and spread of small arms and light weapons, and in particular Articles 6 and 7 thereof, in conjunction with the second indent of Article 23(2) of the Treaty on European Union,
   Whereas:

               (1)

               Council Decisions 2001/200/CFSP (2) and 2003/543/CFSP (3) contributed to combating the uncontrolled accumulation and spread of small arms and light weapons, which posed a threat to peace and security and reduced the prospects for sustainable development, inter alia in Latin America and the Caribbean, through the United Nations Regional Centre for Peace, Disarmament and Development in Latin America and the Caribbean (UN-LiREC) in Lima, acting on behalf of the United Nations Department for Disarmament Affairs (DDA).

               (2)

               Since 2001, the financial contribution of the European Union has been effective in ensuring training courses for the law enforcement authorities and Members of Parliament in the region and their advisors on firearms-related legislation, development of databases as well as weapons destruction and stockpile management activities. In order to complete these activities, UN-LiREC and DDA have appealed for further and final assistance from the European Union.

               (3)

               The European Union therefore intends to complete its financial assistance to the activities of UN-LiREC. This should be the last contribution of the European Union to these activities,

         HAS DECIDED AS FOLLOWS:
   Article 1
   1.   The European Union shall complete its contribution to UN-LiREC for combating the destabilising accumulation and spread of small arms and light weapons in Latin America and the Caribbean.
   2.   For the purposes of paragraph 1, the European Union shall assist UN-LiREC in:

               (a)

               supporting national ownership of activities relating to the 2001 United Nations Programme of Action to Prevent, Combat and Erradicate the Illicit Trade in Small Arms and Light Weapons in All its Aspects;

               (b)

               linking these activities to similar initiatives undertaken by the Member States; and

               (c)

               developing best practices training kits for other regions of the world, such as Africa and South Eastern Europe.

         A detailed description of activities is set out in the Annex.
   3.   Adequate visibility of the contribution of the European Union to the activities mentioned in the Annex, including by appropriate measures taken by UN-LiREC shall be ensured in accordance with the modalities laid down by this Decision.
   Article 2
   1.   The financial reference amount for the purposes referred to in Article 1 shall be EUR 700 000.
   2.   For the purposes of this Decision, the Commission shall conclude a financing agreement with DDA, on behalf of which UN-LiREC is acting, on the conditions for use of the European Union contribution, which will take the form of a grant. The financing agreement shall provide for UN-LiREC/DDA to deliver appropriate reporting and to ensure visibility of the financial contribution of the European Union to the project, appropriate to its size.
   3.   The Commission shall supervise the proper implementation of the contribution of the European Union. To this end the Commission shall be entrusted with the task of controlling and evaluating the financial aspects of the implementation of this Decision.
   4.   The management of the expenditure financed from the general budget of the European Union provided for in paragraph 1 shall be subject to the procedures and rules of the Community applying to budget matters, with the exception that any pre-financing shall not remain the property of the Community. This management shall be conducted in accordance with the provisions of the Financial and Administrative Framework Agreement between the European Community and the United Nations of 29 April 2003.
   Article 3
   1.   The Presidency, assisted by the Secretatry-General of the Council/High Representative for the CFSP, shall be responsible for the implementation of this Decision and shall report to the Council thereon. The Commission shall be fully associated in these tasks and shall, in particular, provide information on the implementation of their financial aspects.
   2.   The Commission shall submit regular reports to the relevant Council bodies in accordance with Article 2(2). This information will be based in particular on regular reports to be provided by UN-LiREC/DDA under its contractual relationship with the Commission referred to in Article 2(2).
   Article 4
   This Decision shall take effect on the day of its adoption. It shall expire 12 months after the financing agreement referred to in Article 2(2) has been concluded.
   Article 5
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 11 December 2006.

            For the Council

            The President

         E. TUOMIOJA

      (1)  OJ L 191, 19.7.2002, p. 1.

      (2)  OJ L 72, 14.3.2001, p. 1.

      (3)  OJ L 185, 24.7.2003, p. 59.

      ANNEX
      Training the trainers and database project, third phase
      The third and final phase of the UN-LiREC project consists of two main sets of activities. The first entails the continuation of the activities underway, while the second set of activities consists of the application of the work developed by the UN-LiREC to related activities undertaken in Europe in support of EU Policy in South-Eastern Europe and other regions of the world such as Africa.
      First set of Activities
      1.   Training the trainers

                  1.1.

                  Support to national training courses on investigating techniques through the law enforcement officials previously trained by UN-LiREC;

                  1.2.

                  Support to the development of the Regional Public Security Training Centre created by Brazil which aims to coordinate future regional training course activities; and

                  1.3.

                  Carrying out of advanced training courses on intelligence and international cooperation.

            2.   Firearms-related Databases

                  2.1.

                  Further development of the Small Arms and Light Weapons Administration System (SALSA) databases; and

                  2.2.

                  Integration of SALSA into other databases of the law enforcement authorities of the region.

            3.   Parliamentary Exchange Initiative

                  3.1.

                  Continuation of training courses for Members of Parliament in the region; and

                  3.2.

                  Technical support to firearms legislation reform.

            4.   Weapons Destruction and Stockpile Management

                  4.1.

                  Continuation of the work to support weapons destruction and stockpile management; and

                  4.2.

                  Support to national destruction programmes.

            Second set of activities
      Linkage of Latin American and Caribbean activities to European-related activities and transfer of knowledge and lessons learnt to ensure synergies between Latin America and Caribbean and other regions of the world:

                  1.

                  Assessment of the European firearms legislation and promotion of the EU Code of Conduct on Control of Arms Exports to identify lessons learnt for improvements of Latin American and Caribbean legislation: proposed cooperation with the European Parliament.

                  2.

                  Expansion and adaptation of the SALSA database system to include information exchange with Member States so as to facilitate coordination and cooperation between the two regions: proposed cooperation with other entities that work on the issue of illicit firearms trafficking, such as national law enforcement entities and EUROPOL.

                  3.

                  Adaptation of the training course materials developed by the UN-LiREC to the needs and opportunities of countries in other regions of the world so as to enhance lessons learnt.

                  4.

                  Assessment of the status of implementation and the identification of opportunities for synergies in the recommendations made by the Heads of State and Governments from Latin America and the Caribbean and Europe concerning the firearms issue at the Rio de Janeiro, Madrid and Mexico Summit Meetings, notably identifying Summit Declarations related to activities referred to above.

            Activities will culminate with the implementation of a Combined Command Post (CCP) — a region-wide centre of operations of the Regional Public Security Training Centre in Brasilia, Brazil — to coordinate firearms-related training and other activities with the work of some 3 000 officials in 33 countries. By the end of 2007, the entire training course package will be transferred from UN-LiREC to the CCP and to individual countries to facilitate national ownership. The CCP will also serve as a hub to link this network of law enforcement entities with other regions.


title: 2012/451/EU: Council Decision of 24 July 2012 on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex XX (Environment) to the EEA Agreement

text:
               1.8.2012

               EN

               Official Journal of the European Union

               L 205/1

         COUNCIL DECISION
   of 24 July 2012
   on the position to be taken by the European Union in the EEA Joint Committee concerning an amendment to Annex XX (Environment) to the EEA Agreement
   (2012/451/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 192(1) in conjunction with Article 218(9) thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

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

               (2)

               Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, among others, Annex XX to the EEA Agreement.

               (3)

               Annex XX to the EEA Agreement contains provisions and arrangements concerning the environment.

               (4)

               It is appropriate to incorporate into the EEA Agreement Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (3).

               (5)

               It is appropriate to incorporate into the EEA Agreement Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowances trading within the Community (4), as amended by Commission Regulation (EU) 1210/2011 of 23 November 2011 amending Regulation (EU) No 1031/2010 in particular to determine the volume of greenhouse gas emission allowances to be auctioned prior to 2013 (5). It is also appropriate to incorporate into the EEA Agreement other Commission acts adopted pursuant to Directive 2003/87/EC (6).

               (6)

               Certain adaptations should be provided for in relation to Directive 2003/87/EC, as amended by Directive 2009/29/EC, and Regulation (EU) No 1031/2010; they are justified by the extension of the emission trading scheme of the European Union to the EEA EFTA States.

               (7)

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

               (8)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the European Union in the EEA Joint Committee on the proposed amendment to Annex XX (Environment) to the EEA Agreement shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 24 July 2012.

            For the Council

            The President

         A. D. MAVROYIANNIS

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

      (2)  OJ L 1, 3.1.1994, p. 3.

      (3)  OJ L 140, 5.6.2009, p. 63.

      (4)  OJ L 302, 18.11.2010, p. 1.

      (5)  OJ L 308, 24.11.2011, p. 2.

      (6)  OJ L 275, 25.10.2003, p. 32.

      DRAFT
      DECISION No …/2012 OF THE EEA JOINT COMMITTEE
      of
      amending Annex XX (Environment) to the EEA Agreement
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area, as amended by the Protocol adjusting the Agreement on the European Economic Area, (‧the EEA Agreement‧), and in particular Article 98 thereof,
      Whereas:

                  (1)

                  Annex XX to the EEA Agreement was amended by Decision of the EEA Joint Committee No …/… of … (1).

                  (2)

                  Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowances trading within the Community (2) is to be incorporated into the EEA Agreement.

                  (3)

                  Commission Regulation (EU) No 550/2011 of 7 June 2011 on determining, pursuant to Directive 2003/87/EC of the European Parliament and of the Council, certain restrictions applicable to the use of international credits from projects involving industrial gases (3) is to be incorporated into the EEA Agreement.

                  (4)

                  Commission Regulation (EU) No 1210/2011 of 23 November 2011 amending Regulation (EU) No 1031/2010 in particular to determine the volume of greenhouse gas emission allowances to be auctioned prior to 2013 (4) is to be incorporated into the EEA Agreement.

                  (5)

                  Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 amending Directive 2003/87/EC so as to improve and extend the greenhouse gas emission allowance trading scheme of the Community (5) is to be incorporated into the EEA Agreement.

                  (6)

                  Commission Decision 2010/2/EU of 24 December 2009 determining, pursuant to Directive 2003/87/EC of the European Parliament and of the Council, a list of sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage (6) is to be incorporated into the EEA Agreement.

                  (7)

                  Commission Decision 2010/345/EU of 8 June 2010 amending Decision 2007/589/EC as regards the inclusion of monitoring and reporting guidelines for greenhouse gas emissions from the capture, transport and geological storage of carbon dioxide (7) (CO2) is to be incorporated into the EEA Agreement.

                  (8)

                  Commission Decision 2010/670/EU of 3 November 2010 laying down criteria and measures for the financing of commercial demonstration projects that aim at the environmentally safe capture and geological storage of CO2 as well as demonstration projects of innovative renewable energy technologies under the scheme for greenhouse gas emission allowance trading within the Community established by Directive 2003/87/EC of the European Parliament and of the Council (8) is to be incorporated into the EEA Agreement.

                  (9)

                  Commission Decision 2011/278/EU of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (9) is to be incorporated into the EEA Agreement.

                  (10)

                  Commission Decision 2011/540/EU of 18 August 2011 on amending Decision 2007/589/EC as regards the inclusion of monitoring and reporting guidelines for greenhouse gas emissions from new activities and gases (10) is to be incorporated into the EEA Agreement.

                  (11)

                  Commission Decision 2011/745/EU of 11 November 2011 amending Decisions 2010/2/EU and 2011/278/EU as regards the sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage (11) is to be incorporated into the EEA Agreement.

                  (12)

                  This Joint Committee Decision does not affect the autonomy of the Contracting Parties with respect to international negotiations on climate change, in particular in the context of the United Nations Framework Convention on Climate Change and the Kyoto Protocol or any other international agreement on climate change, other than in respect of aspects relevant to the EU Emission Trading Scheme (EU ETS) that are incorporated into the EEA Agreement. However, the EFTA States shall take due account of the obligations they have undertaken in the EEA Agreement. Each EFTA State is responsible for implementing policies and measures to comply with its international commitments under the United Nations Framework Convention on Climate Change, the Kyoto Protocol and any other international agreement related to climate change.

                  (13)

                  The participation of the EFTA States in the EU ETS is without prejudice to the EFTA States' participation in any flexible instruments for mitigating emissions.

                  (14)

                  The extension of EU ETS to installations in the EFTA States implies an increase of the total quantity of allowances in the EU ETS as a whole under Articles 9 and 9a of Directive 2003/87/EC (12). The EFTA States provide in Part A of the Appendix to that Directive the relevant figures in order to allow the Commission to determine the average annual EEA-wide total quantity of allowances.

                  (15)

                  The Commission shall keep the EFTA States informed regarding the negotiation and conclusion of agreements with third countries as referred to in Article 11a of Directive 2003/87/EC and the consequence this might have on the use of Certified Emission Reductions (CERs).

                  (16)

                  When an agreement pursuant to Articles 11a or 25 of Directive 2003/87/EC is concluded, the EFTA States and their operators shall not be discriminated against as compared to EU Member States and their operators.

                  (17)

                  The Commission shall keep the EFTA States informed regarding the implementation of Article 24a(1) of Directive 2003/87/EC and the consequence this might have on the amount of allowances in the EU ETS.

                  (18)

                  The EFTA States fully support that the amount of allowances allocated by auctioning is increasing in the EU ETS, with a view to reaching no free allocation in 2027. It has always been the aim of the EFTA States to increase the percentage of allowances that are allocated against payment. The EFTA States recall adaptation (e) as set out in Article 1 point 2 of EEA Joint Committee Decision No 146/2007 (13) incorporating Directive 2003/87/EC into the EEA Agreement.

                  (19)

                  The EFTA States will make use of the common auction platforms appointed pursuant to Article 26 of Regulation (EU) No 1031/2010 and appoint the auction monitor selected pursuant to Article 24 of that Regulation for monitoring the auctioning of their allowances. Due to the fact that the EFTA States are not participating in the joint action, they do not have to fulfil any specific tasks in the procurement procedures for appointing the common auction platforms and auction monitor. Once these are appointed, each EFTA State will use its best endeavours to enter into a contract with them. The Commission will, to the extent feasible, see to it that the auction platforms enter into a contract with the EFTA States subject, mutatis mutandis, to the same conditions envisaged for participating EU Member States in the contracts resulting from the joint procurement procedures, provided that the EFTA States aggregate the auctioning of their allowances with the allowances of the participating EU Member States. For the auction monitor, the Commission will, to the extent feasible, see to it that the auction monitor enters into a contract with the EFTA States subject, mutatis mutandis, to the same conditions applicable to either the participating EU Member States or the non-participating EU Member States depending on whether or not the EFTA States choose to aggregate the auctioning of their allowances with the allowances of the participating EU Member States.

                  (20)

                  Budgetary issues are not part of the EEA Agreement. Financial contributions from the EFTA States to the EU Member States are negotiated through the EEA Financial Mechanisms. The application of the provisions of Directive 2003/87/EC concerning these issues and the application of the criteria for distribution amongst certain EU Member States of certain percentages of the total quantity of allowances to be auctioned pursuant to points (b) and (c) of Article 10(2) and to Annexes IIa and IIb of Directive 2003/87/EC is therefore without prejudice to the scope of the EEA Agreement.

                  (21)

                  The EFTA Surveillance Authority shall coordinate closely with the Commission whenever it is called to undertake tasks relating to the EFTA States for which the Commission is responsible with respect to the EU Member States pursuant to Directive 2003/87/EC, Regulation (EC) No 2216/2004, Decision 2007/589/EC and Decision 2006/780/EC. These tasks include inter alia the assessment of the national implementation measures referred to in Article 11 of Directive 2003/87/EC and any application for the unilateral inclusion of additional activities and gases under Article 24 of that Directive,

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

                  (1)

                  The following indent is added in point 21al (Directive 2003/87/EC of the European Parliament and of the Council):

                              "—

                                 32009 L 0029: Directive 2009/29/EC of the European Parliament and of the Council of 23 April 2009 (OJ L 140, 5.6.2009, p. 63).".

                  (2)

                  The adaptations in point 21al (Directive 2003/87/EC of the European Parliament and of the Council) are replaced by the following:
                  "The provisions of the Directive shall, for the purposes of this Agreement, be read with the following adaptations:

                              (a)

                              Without prejudice to future development by the EEA Joint Committee, it should be noted that the following Community acts are not incorporated into this Agreement:

                                          (i)

                                          Council Decision 2002/358/EC of 25 April 2002 concerning the approval, on behalf of the European Community, of the Kyoto Protocol to the United Nations Framework Convention on Climate Change and the joint fulfilment of commitments thereunder (14),

                                          (ii)

                                          Decision No 280/2004/EC of the European Parliament and of the Council of 11 February 2004 concerning a mechanism for monitoring Community greenhouse gas emissions and for implementing the Kyoto Protocol (15).

                              (b)

                              At the time of incorporation of the Directive, Liechtenstein does not have any aviation activities as defined in the Directive operated on its territory. Liechtenstein will comply with the Directive when relevant aviation activities take place on its territory.

                              (c)

                              The following subparagraph shall be added in Article 3c(4):
                              "The EEA Joint Committee shall, in accordance with the procedures laid down in the Agreement and based on figures provided by the EFTA Surveillance Authority in cooperation with Eurocontrol, decide on the EEA-wide historical aviation emissions by adding the relevant numbers concerning flights within and between the territories of the EFTA States and flights between the EFTA States and third countries to the Commission decision when incorporating the latter into the EEA Agreement.".

                              (d)

                              In Article 3d(4), the second subparagraph shall be deleted.

                              (e)

                              The following subparagraph shall be added in Articles 3e(2) and 3f(4):
                              "By the same date, the EFTA States shall submit applications received to the EFTA Surveillance Authority, which shall promptly pass them onto the Commission.".

                              (f)

                              The following subparagraphs shall be added in Article 3e(3):
                              "The EEA Joint Committee shall, in accordance with the procedures laid down in the Agreement and based on figures provided by the EFTA Surveillance Authority in cooperation with Eurocontrol, decide on the EEA-wide number for the total number of allowances, the number of allowances to be auctioned, the number of allowances in the special reserve and the number of free allowances, by adding the relevant numbers concerning flights within and between the territories of the EFTA States and flights between the EFTA States and third countries to the Commission decision when incorporating the latter into the EEA Agreement.
                              The Commission shall decide on the EEA-wide benchmark. During the decision-making process the Commission shall cooperate closely with the EFTA Surveillance Authority. The calculation and publication by the EFTA States under Article 3e(4) shall take place subsequent to the decision of the EEA Joint Committee incorporating the decision adopted by the Commission into the EEA Agreement.".

                              (g)

                              The following subparagraph shall be added in Article 3f(5):
                              "The Commission shall decide on the EEA-wide benchmark. During the decision-making process the Commission shall cooperate closely with the EFTA Surveillance Authority. The calculation and publication by the EFTA States under Article 3f(7) shall take place subsequent to the decision of the EEA Joint Committee incorporating the decision adopted by the Commission into the EEA Agreement.".

                              (h)

                              The following paragraphs shall be inserted in Article 9:
                              "The increase in the average annual total quantity of allowances in the EU ETS due to the extension of the scheme to cover Liechtenstein and Norway pursuant to paragraph 1 shall be in accordance with the EFTA Surveillance Authority's decisions concerning their national allocation plans for the period from 2008 to 2012.
                              The increase in the average annual total quantity of allowances in the EU ETS due to the extension of the scheme to cover Iceland pursuant to paragraph 1 shall correspond to 23 934 tonnes of CO2 equivalent.
                              In respect of the EFTA States, the figures to be taken into account for the calculation of the EEA-wide quantity of allowances to be issued from 2013 onwards pursuant to this Article are set out in Part A of the Appendix.".

                              (i)

                              The following sentence shall be added in Article 9a(1):
                              "For Norway, the average annual quantity of allowances issued in respect of the installations mentioned in this paragraph is 878 850.".

                              (j)

                              The following subparagraph shall be added in Article 9a(2):
                              "With regard to installations in the EFTA States carrying out activities listed in Annex I which are only included in the Community scheme from 2013 onwards, the average annual emissions of the reported period for the adjustment shall be:
                              Iceland: 1 862 571 tonnes of CO2 equivalent.
                              Liechtenstein: 0 tonnes of CO2 equivalent.
                              Norway: 5 269 254 tonnes of CO2 equivalent.".

                              (k)

                              The following paragraphs shall be added after Article 9a(4):
                              "5.   In respect of the EFTA States, the figures to be taken into account for the adjustment of the EEA-wide quantity of allowances to be issued from 2013 onwards pursuant to this Article are set out in Part A of the Appendix.
                              6.   The Commission shall calculate and adjust the annual EEA-wide quantity of allowances to be issued from 2013 onwards in accordance with Article 9 and this Article in order to include the EFTA States' figures as set out in Part A of the Appendix. The Commission shall publish the adjusted EEA-wide quantities of allowances for 2013 and onwards.".

                              (l)

                              The following paragraph shall be added in Article 10(2):
                              "For the purposes of point (a), in respect of Liechtenstein and Norway, their shares shall be calculated on the basis of the following emissions:
                              Liechtenstein: 20 943 tonnes of CO2 equivalent.
                              Norway: 18 635 669 tonnes of CO2 equivalent.
                              In respect of Iceland, the share referred to in point (a) shall be calculated on the basis of 36 196 tonnes of CO2 equivalent adjusted by 899 645 tonnes of CO2 equivalent, representing the share of verified emissions for 2005 from installations carrying out activities listed in Annex I, which are only included in the Community scheme from 2013 onwards. Iceland's share shall thus be calculated on the basis of 935 841 tonnes of CO2 equivalent.".

                              (m)

                              Article 10(3) shall not apply to the EFTA States.

                              (n)

                              The following subparagraph shall be added after the fifth subparagraph of Article 11a(8):
                              "In respect of the EFTA States, the figures to be taken into account for the calculation of the EEA-wide reductions pursuant to the fifth subparagraph are set out in Part B of the Appendix.".

                              (o)

                              The second sentence in Article 16(3) shall be replaced by the following:
                              "The EFTA States shall provide for excess emissions penalties that are equivalent to those in the EU Member States.".

                              (p)

                              The following paragraph shall be inserted after Article 16(12):
                              "13.   The EFTA States shall submit any requests pursuant to Article 16(5) and (10) to the EFTA Surveillance Authority, which shall promptly pass them on to the Commission.".

                              (q)

                              The following subparagraph shall be added in Article 18a(1):
                              "Reallocation of aircraft operators to the EFTA States should take place during year 2011, after fulfilment by the operator of its 2010 obligations. A different timeline for reallocation of aircraft operators initially assigned to a Member State on the basis of the criteria mentioned under point (b) of this paragraph, can be agreed by the initial administering Member State, further to an explicit request introduced by the operator within 6 months from the adoption by the Commission of the EEA-wide list of operators provided for in point (b) of Article 18a(3). In this case, reallocation shall take place no later than in 2020 with regard to the trading period beginning in 2021.".

                              (r)

                              In point (b) of Article 18a(3), the words "for the whole EEA" shall be inserted after the words "aircraft operators".

                              (s)

                              The following subparagraph shall be added in Article 18b:
                              "For the purposes of carrying out their tasks under the Directive, the EFTA States and the EFTA Surveillance Authority may request the assistance of Eurocontrol or another relevant organisation and may conclude to that effect any appropriate agreements with those organisations.".

                              (t)

                              The following paragraph shall be added to Article 20:
                              "4.   The issue, transfer and cancellation of allowances concerning the EFTA States, their operators and the aircraft operators administered by them shall be registered in the independent transaction log referred to in paragraph 1.
                              The Central Administrator shall be competent to perform the tasks referred to in paragraphs 1 to 3 when the EFTA States, their operators or the aircraft operators administered by them are concerned.".

                              (u)

                              The following paragraph shall be added to Article 25:
                              "3.   Allowances of the Community system include allowances issued or traded by the EFTA States or their operators under the Community system. Upon conclusion by the Community of an agreement referred to in this Article, no distinction shall be made between such allowances.
                              The Commission shall keep the EFTA States informed at an early stage regarding the negotiation and conclusion of agreements or non-binding arrangements according to this Article.".

                              (v)

                              The EFTA States participating in the EU Emission Trading Scheme will provide information according to the relevant requirements in the first subparagraph of Article 30(3), while the reporting requirements under the second subparagraph shall not apply to them.

                              (w)

                              The following shall be added after Annex V:

                                 "APPENDIX

                                    PART A

                                    EFTA States' figures relevant to the calculation and adjustment of the EEA-wide quantity of allowances to be issued from 2013 onwards pursuant to Articles 9 and 9a of Directive 2003/87/EC

                                 1.   EFTA States' figures pursuant to Article 9

                                 For the determination of these figures, the linear factor of 1,74 % has been applied.

                                    Iceland

                                 These figures are based on the average annual verified emissions from 2005 to 2010 from activities falling in principle under Directive 2003/87/EC during the period from 2008 to 2012 corresponding to 23 934 allowances.

                                             Year

                                             Amount of allowances

                                             2013

                                             22 684

                                             2014

                                             22 268

                                             2015

                                             21 851

                                             2016

                                             21 435

                                             2017

                                             21 018

                                             2018

                                             20 602

                                             2019

                                             20 186

                                             2020

                                             19 769

                                    Liechtenstein

                                 These figures are based on an average annual total quantity of allowances by Liechtenstein for the period from 2008 to 2012 corresponding to 17 943 allowances as set out in Liechtenstein's National Allocation Plan.

                                             Year

                                             Amount of allowances

                                             2013

                                             17 006

                                             2014

                                             16 694

                                             2015

                                             16 382

                                             2016

                                             16 070

                                             2017

                                             15 758

                                             2018

                                             15 445

                                             2019

                                             15 133

                                             2020

                                             14 821

                                    Norway

                                 These figures are based on an average annual total quantity of allowances by Norway for the period from 2008 to 2012 corresponding to 14 255 268 allowances, as set out in the Norwegian National Allocation Plan.

                                             Year

                                             Amount of allowances

                                             2013

                                             13 511 143

                                             2014

                                             13 263 101

                                             2015

                                             13 015 060

                                             2016

                                             12 767 018

                                             2017

                                             12 518 976

                                             2018

                                             12 270 935

                                             2019

                                             12 022 893

                                             2020

                                             11 774 851

                                       2.   EFTA States' figures pursuant to Article 9a(1)

                                 For the determination of these figures, the linear factor of 1,74 % has been applied.

                                    Norway

                                             Year

                                             Amount of allowances

                                             2013

                                             832 974

                                             2014

                                             817 682

                                             2015

                                             802 390

                                             2016

                                             787 098

                                             2017

                                             771 806

                                             2018

                                             756 514

                                             2019

                                             741 222

                                             2020

                                             725 930

                                       3.   EFTA States' figures pursuant to Article 9a(2)

                                 For the determination of these figures, the linear factor of 1,74 % has been applied.

                                    Iceland

                                             Year

                                             Amount of allowances

                                             2013

                                             1 732 936

                                             2014

                                             1 700 527

                                             2015

                                             1 668 119

                                             2016

                                             1 635 710

                                             2017

                                             1 603 301

                                             2018

                                             1 570 892

                                             2019

                                             1 538 484

                                             2020

                                             1 506 075

                                    Norway

                                             Year

                                             Amount of allowances

                                             2013

                                             4 994 199

                                             2014

                                             4 902 514

                                             2015

                                             4 810 829

                                             2016

                                             4 719 144

                                             2017

                                             4 627 459

                                             2018

                                             4 535 774

                                             2019

                                             4 444 089

                                             2020

                                             4 352 404

                                    PART B

                                    EFTA States' figures relevant to the calculation of the EEA-wide reductions pursuant to the fifth subparagraph of Article 11a(8)

                                             Emissions in 2005 from existing sectors
                                             (in tonnes of CO2 equivalent)

                                             Emissions in 2005 from new sectors included as of 2013
                                             (in tonnes of CO2 equivalent)

                                             Iceland

                                             36 196

                                             899 645

                                             Liechtenstein

                                             18 121

                                             0

                                             Norway

                                             19 730 000

                                             6 140 000".

                                       "

                  (3)

                  The following points are inserted after point 21al (Directive 2003/87/EC of the European Parliament and of the Council):

                              "21ala.

                                 32010 R 1031: Commission Regulation (EU) No 1031/2010 of 12 November 2010 on the timing, administration and other aspects of auctioning of greenhouse gas emission allowances pursuant to Directive 2003/87/EC of the European Parliament and of the Council establishing a scheme for greenhouse gas emission allowances trading within the Community (OJ L 302, 18.11.2010, p.1), as amended by:

                                          —

                                             32011 R 1210: Commission Regulation (EU) No 1210/2011 of 23 November 2011 (OJ L 308, 24.11.2011, p. 2).

                                    The provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:

                                          (a)

                                          The first sentence in Article 22(7) shall read as follows:
                                          "The EFTA States shall notify the identity of the auctioneer and its contact details to the EFTA Surveillance Authority, which will forward the information to the Commission.".

                                          (b)

                                          The following sentences shall be added in Article 24(2):
                                          "The EFTA States shall contract the auction monitor appointed following the joint procurement procedure between the Commission and the Member States to monitor all auction processes. In Article 25(1), (2), (3), (4) and (5), the term ‧Member State(s)‧ shall be understood to include the EFTA States.".

                                          (c)

                                          The following subparagraph shall be added in Article 26(1) and (2):
                                          "The EFTA States shall contract the auction platform appointed jointly by the Commission and the participating EU Member States for the auctioning of their shares of the allowances to be auctioned where the EFTA States choose to aggregate the auctioning of their allowances with the allowances of the EU Member States participating in the joint action.".

                                          (d)

                                          The following sentence shall be added in Article 27(1) and Article 28(1):
                                          "Without prejudice to the arrangements in the contract to be concluded between the EFTA States and the auction platform, the auction platform appointed following the joint procurement procedure between the Commission and the Member States participating in the joint action may provide the above-mentioned services also to the EFTA States.".

                                          (e)

                                          Articles 30 to 32 shall not apply to the EFTA States, provided that they have contracted the auction platforms appointed according to Article 26 in accordance with adaptation (c) above.

                                          (f)

                                          The following subparagraphs shall be added in Article 52(3):
                                          "The share of the costs of the auction monitor relating to an auction platform appointed pursuant to Article 26(1) or (2) and contracted by the EFTA States shall be distributed between the Member States participating in the joint action and the EFTA States in accordance with their shares of the total volume of allowances auctioned on the auction platform concerned provided that the EFTA States aggregate the auctioning of their allowances with the allowances of the EU Member States participating in the joint action.
                                          The share of the costs of the auction monitor relating to an auction platform appointed pursuant to Article 30(1) or (2) and contracted by an EFTA State, including the cost of any report requested pursuant to Article 25(4), shall be borne by the EFTA State concerned in the same way as for EU Member States not participating in the joint action.".

                              21alb.

                                 32010 D 0002: Commission Decision 2010/2/EU of 24 December 2009 determining, pursuant to Directive 2003/87/EC of the European Parliament and of the Council, a list of sectors and subsectors which are deemed to be exposed to a significant risk of carbon leakage (OJ L 1, 5.1.2010, p. 10), as amended by:

                                          —

                                             32011 D 0745: Commission Decision 2011/745/EU of 11 November 2011 (OJ L 299, 17.11.2011, p. 9).

                              21alc.

                                 32011 D 0278: Commission Decision 2011/278/EU of 27 April 2011 determining transitional Union-wide rules for harmonised free allocation of emission allowances pursuant to Article 10a of Directive 2003/87/EC of the European Parliament and of the Council (OJ L 130, 17.5.2011, p. 1), as amended by:

                                          —

                                             32011 D 0745: Commission Decision 2011/745/EU of 11 November 2011 (OJ L 299, 17.11.2011, p. 9).

                              21ald.

                                 32010 D 0670: Commission Decision 2010/670/EU of 3 November 2010 laying down criteria and measures for the financing of commercial demonstration projects that aim at the environmentally safe capture and geological storage of CO2 as well as demonstration projects of innovative renewable energy technologies under the scheme for greenhouse gas emission allowance trading within the Community established by Directive 2003/87/EC of the European Parliament and of the Council (OJ L 290, 6.11.2010. p. 39).

                              21ale.

                                 32011 R 0550: Commission Regulation (EU) No 550/2011 of 7 June 2011 on determining, pursuant to Directive 2003/87/EC of the European Parliament and of the Council, certain restrictions applicable to the use of international credits from projects involving industrial gases (OJ L 149, 8.6.2011, p. 1).".

                  (4)

                  The following indents are added in point 21am (Commission Decision 2007/589/EC):

                              ‘—

                                 32010 D 0345: Commission Decision 2010/345/EU of 8 June 2010 (OJ L 155, 22.6.2010, p. 34),

                              —

                                 32011 D 0540: Commission Decision 2011/540/EU of 18 August 2011 (OJ L 244, 21.9.2011, p. 1).’.

            Article 2
      The texts of Regulations (EU) No 1031/2010, (EU) No 550/2011 and (EU) No 1210/2011, Directive 2009/29/EC and Decisions 2010/2/EU, 2010/345/EU, 2010/670/EU, 2011/278/EU, 2011/540/EU and 2011/745/EU in the Icelandic and Norwegian languages, to be published in the EEA Supplement to the Official Journal of the European Union, shall be authentic.
      Article 3
      This Decision shall enter into force on … or the day following the last notification to the EEA Joint Committee under Article 103(1) of the EEA Agreement, whichever is the latest (16).
      Article 4
      This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

         Done at …, …

               For the EEA Joint Committee

               The President

               The Secretaries to the EEA Joint Committee

         (1)  OJ L …

         (2)  OJ L 302, 18.11.2010, p. 1.

         (3)  OJ L 149, 8.6.2011, p. 1.

         (4)  OJ L 308, 24.11.2011, p. 2.

         (5)  OJ L 140, 5.6.2009, p. 63.

         (6)  OJ L 1, 5.1.2010, p. 10.

         (7)  OJ L 155, 22.6.2010, p. 34.

         (8)  OJ L 290, 6.11.2010, p. 39.

         (9)  OJ L 130, 17.5.2011, p. 1.

         (10)  OJ L 244, 21.9.2011, p. 1.

         (11)  OJ L 299, 17.11.2011, p. 9.

         (12)  OJ L 275, 25.10.2003, p. 32.

         (13)  OJ L 100, 10.4.2008, p. 92.

         (14)  OJ L 130, 15.5.2002, p. 1.

         (15)  OJ L 49, 19.2.2004, p. 1.

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