title: 2011/809/EU: Council Decision of 30 November 2011 on the position to be taken by the European Union within the General Council of the World Trade Organization on the extension of the WTO waiver in order to implement the EU autonomous preferential trade regime for the Western Balkans

text:
               7.12.2011

               EN

               Official Journal of the European Union

               L 324/28

         COUNCIL DECISION
   of 30 November 2011
   on the position to be taken by the European Union within the General Council of the World Trade Organization on the extension of the WTO waiver in order to implement the EU autonomous preferential trade regime for the Western Balkans
   (2011/809/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(9), thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The Union has adopted legislation renewing the autonomous preferential trade regime for the Western Balkans until 31 December 2015. In the absence of a waiver from the Union’s obligations under paragraph 1 of Article I of the General Agreement on Tariffs and Trade 1994 (GATT 1994), the treatment provided for in the autonomous preferential trade regime would need to be extended to all other Members of the World Trade Organization (WTO). It is therefore appropriate to seek a waiver from paragraph 1 of Article I GATT 1994 pursuant to paragraph 3 of Article IX of the Marrakesh Agreement establishing the World Trade Organization.

               (2)

               The Union submitted such a request on 26 October 2011, and the WTO General Council is to deliberate thereon.

               (3)

               It is appropriate, therefore, to establish the position to be taken by the Union within the WTO General Council concerning that request,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be taken by the European Union within the General Council of the World Trade Organization is to approve the extension of the WTO waiver for the Western Balkans until 31 December 2016.
   This position shall be expressed by the Commission.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 30 November 2011.

            For the Council

            The President

         J. VINCENT-ROSTOWSKI


title: Council Decision of 7 March 2011 amending Council Decision of 22 November 2010 appointing the members and the alternate members of the Governing Board of the European Agency for Safety and Health at Work

text:
               17.3.2011

               EN

               Official Journal of the European Union

               C 83/2

         COUNCIL DECISION
   of 7 March 2011
   amending Council Decision of 22 November 2010 appointing the members and the alternate members of the Governing Board of the European Agency for Safety and Health at Work
   2011/C 83/02
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (1), and in particular Article 8 thereof,
   Whereas:

               (1)

               By its Decision of 22 November 2010 (2) (hereinafter referred to as ‘the Decision’) the Council appointed the members and alternate members of the Governing Board of the European Agency for Safety and Health at Work for the period from 8 November 2010 to 7 November 2013.

               (2)

               On 23 November 2010 the International Trade Union House informed the General Secretariat about an error in the appointment of the Belgian member and alternate member of the Governing Board representing the employees’ organisations.

               (3)

               The error occurs in the original text of the Decision signed by the President and it exists in all official languages.

               (4)

               The Decision should therefore be amended,

         HAS ADOPTED THIS DECISION:
   Article 1
   In list II of Article 1 of Council Decision of 22 November 2010 the names of the member and alternate member from Belgium shall be replaced by the following:

      ‘II.   REPRESENTATIVES OF EMPLOYEES’ ORGANISATIONS

                  Country

                  Members

                  Alternates

                  Belgium

                  Mr Herman FONCK

                  Mr François PHILIPS’

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

      Done at Brussels, 7 March 2011.

            For the Council

            The President

         CZOMBA S.

      (1)  OJ L 216, 20.8.1994, p. 1.

      (2)  OJ C 322, 27.11.2010, p. 3.


Avis juridique important

|

31989D0435

89/435/EEC: Council Decision of 3 May 1989 on the conclusion of the Third Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Sweden consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community

Official Journal L 206 , 18/07/1989 P. 0013 - 0013

COUNCIL DECISION of 3 May 1989 on the conclusion of the Third Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Sweden consequent on the accession of the Kingdom of Spain and the Portuguese Republic to  the Community (89/435/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas a total suspension by the Kingdom of Sweden of duties on imports from Spain would facilitate trade between the two countries;  Whereas the Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Sweden (1) consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community, signed in Brussels on 22 July 1972  does not make provision for the Kingdom of Sweden to suspend customs duties on goods imported from Spain;  Whereas it is therefore necessary to approve a Third Additional Protocol to the abovementioned Agreement in order to provide for the total suspension of duties on products covered by that Agreement imported into Sweden from Spain,  HAS DECIDED AS FOLLOWS:    Article 1 The Third Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Sweden consequent on the accession of the Kingdom of Spain and the Portuguese Republic to the Community is hereby approved on behalf of the Community.  The text of the Protocol is attached to this Decision.  Article 2 The President of the Council shall give the notification provided for in Article 3 of the Protocol (2).  Article 3 This Decision shall take effect on the day following its publication in the Official Journal of the European Communities.   Done at Brussels, 3 May 1989.  For the Council The President P. SOLBES   (1) OJ No L 300, 31. 12. 1971, p. 97. (2) The date of entry into force of the Protocol will be published in the Official Journal of the European Communities by the General Secretariat of the Council.


Avis juridique important

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41999D0011

The Schengen acquis - Decision of the Executive Committee of 28 April 1999 on the Agreement on Cooperation in Proceedings for Road Traffic Offences (SCH/Com-ex (99) 11, rev. 2)

Official Journal L 239 , 22/09/2000 P. 0428 - 0434

DECISION OF THE EXECUTIVE COMMITTEEof 28 April 1999on the Agreement on cooperation in proceedings for road traffic offences(SCH/Com-ex (99)11 Rev. 2)THE EXECUTIVE COMMITTEE,Having regard to Article 132 of the Convention implementing the Schengen Agreement,Having regard to the Joint Declaration made by the Ministers and Secretaries of State meeting in Schengen on 19 June 1990,HAS DECIDED AS FOLLOWS:The Agreement on cooperation in proceedings for road traffic offences and the enforcement of financial penalties imposed in respect thereof (SCH/III (96)25 Rev.18) is hereby adopted.The delegations' representatives are requested to draw up an Explanatory Report to the Agreement, dealing in particular with the points outlined in the Annex to this decision.Luxembourg, 28 April 1999.The ChairmanC. H. SchapperAGREEMENT ON COOPERATION IN PROCEEDINGS FOR ROAD TRAFFIC OFFENCES AND THE ENFORCEMENT OF FINANCIAL PENALTIES IMPOSED IN RESPECT THEREOFSCH/III (96)25 Rev. 18The Governments of the KINGDOM OF BELGIUM, the FEDERAL REPUBLIC OF GERMANY, the FRENCH REPUBLIC, the GRAND DUCHY OF LUXEMBOURG and the KINGDOM OF THE NETHERLANDS, Parties to the Convention implementing the Schengen Agreement of 14 June 1985 between the Governments of the States of the Benelux Economic Union, the Federal Republic of Germany and the French Republic on the gradual abolition of checks at their common borders signed in Schengen on 19 June 1990, hereinafter referred to as the "1990 Convention", as well as the Governments of the ITALIAN REPUBLIC, the KINGDOM OF SPAIN and the PORTUGUESE REPUBLIC, the HELLENIC REPUBLIC, the REPUBLIC OF AUSTRIA, the KINGDOM OF DENMARK, the KINGDOM OF SWEDEN and the REPUBLIC OF FINLAND which acceded to the 1990 Convention by the Agreements signed on 27 November 1990, 25 June 1991, 6 November 1992, 28 April 1995 and 19 December 1996 respectively, and the Governments of the Kingdom of Norway and the Republic of Iceland, which signed a Cooperation Agreement with the former on 19 December 1996, hereinafter referred to as the "Contracting Parties",Whereas the free movement of persons referred to in the 1990 Convention furthers the travel of citizens across the internal borders;Whereas it is common knowledge that citizens of the Schengen States also commit road traffic offences when staying on the territory of a Contracting Party other than that on whose territory they habitually reside;Whereas it has been shown that it is not always possible, in spite of sustained efforts to clamp down on road traffic offences, to establish the identity of the perpetrators before they return to the territory of the Contracting Party where they habitually reside and to enforce financial penalties in respect of the offences committed;Convinced that cooperation between the Contracting Parties in this field is necessary and that the fact that different authorities are responsible for enforcement of the Highway Code should not become an obstacle to such cooperation;Implementing the Joint Declaration of the Ministers and Secretaries of State of 19 June 1990, which lays down that discussions should be held to improve cooperation in prosecuting road traffic offences and to examine the scope for the mutual enforcement of financial penalties,HAVE AGREED AS FOLLOWS:CHAPTER IDefinitionsArticle 1For the purposes of this Agreement:Road traffic offenceshall mean conduct which infringes road traffic regulations and which is considered a criminal or administrative offence, including breaches of regulations pertaining to driving hours and rest periods and regulations on hazardous goods.Financial penaltyshall mean the obligation to pay a sum of money in respect of a road traffic offence, the amount of which is assessed by the judicial or administrative authorities of the Contracting Parties.Competent Authorityshall mean the judicial or administrative authority of the Contracting Parties responsible for proceedings for road traffic offences and enforcing financial penalties in respect thereof.Decisionshall mean an act by the competent authorities of one of the Contracting Parties establishing a road traffic offence in respect of which a financial penalty has been imposed on a person, against which an appeal may be or could have been lodged.Requesting Authorityshall mean the competent authority of the Contracting Party in whose territory the road traffic offence was committed.Requested Authorityshall mean the competent authority of the Contracting Party in whose territory the person suspected of having committed a road traffic offence or upon whom a financial penalty has been imposed in respect thereof either resides or has his habitual residence.Requesting Contracting Partyshall mean the Contracting Party in whose territory a decision has been delivered in respect of a person who either resides in, or has his habitual residence in, the territory of another Contracting Party.Requested Contracting Partyshall mean the Contracting Party in whose territory a person in respect of whom a decision has been delivered in the territory of another Contracting Party either resides or has his habitual residence.CHAPTER IIPrinciplesArticle 21. The Contracting Parties undertake to accord each other the widest possible cooperation in proceedings for road traffic offences and the enforcement of decisions in respect thereof in accordance with the provisions of this Agreement.2. Paragraph 1 shall be without prejudice to the application of broader provisions of bilateral or multilateral agreements in force between the Contracting Parties.3. Chapter IV of this Agreement shall not apply:(a) to the enforcement of a decision which includes a penalty involving deprivation of liberty as the main penalty;(b) to road traffic offences which coincide with offences that are not related to road traffic only, unless the road traffic offence is prosecuted exclusively or separately.CHAPTER IIICooperation in proceedings for road traffic offencesArticle 31. The competent authorities may, by communicating a vehicle registration number through their national vehicle registration authorities, request information from the national vehicle registration authorities of the other Contracting Parties concerning the type and make of the corresponding motor vehicle as well as the identity and address of the person or persons with whom the motor vehicle in question was registered when the road traffic offence was committed.2. The vehicle registration authorities of the Contracting Parties shall directly send each other the information referred to in paragraph 1 with a view to transmission to the competent authority. They shall also send the name and address of the requested authority if it is a different authority.3. A Contracting Party may designate another central authority for the exchange of the information referred to in paragraph 2.4. The relevant provisions of the 1990 Convention and, in particular, Articles 126 to 128 thereof shall apply to the transmission of personal data in accordance with paragraph 1.Article 41. The requesting authority may send all communications concerning the consequences and decisions relating to the road traffic offence directly to the persons suspected of having committed a road traffic offence. The provisions of Article 52 of the 1990 Convention shall apply by analogy.2. The communications and decisions referred to in paragraph 1 shall contain or be accompanied by all information which the recipient requires in order to react, in particular regarding:(a) the nature of the road traffic offence, the place, date and time at which it was committed and the manner in which it was established;(b) the registration number and, where possible, the type and make of the motor vehicle with which the road traffic offence was committed or, in the absence of this information, any means of identifying the vehicle;(c) the amount of the financial penalty which may be imposed, or, where appropriate, the financial penalty which has been imposed, the deadline within which it has to be paid and the method of payment;(d) the possibility of invoking exonerating circumstances, as well as the deadlines and procedures for presenting these circumstances;(e) the possible channels of appeal against the decisions, the procedures and deadlines for lodging an appeal, as well as the contact details of the authority with which an appeal should be lodged.Article 51. If the addressee does not respond to communications or decisions pursuant to Article 4 within the stipulated period or if the requesting authority considers further information necessary to apply this Agreement, the latter may directly seek assistance from the requested authority. A translation into the official language or one of the official languages of the requested Contracting Party shall be attached to such requests for assistance.2. The provisions of title III, chapter 2 of the 1990 Convention shall apply to the requests referred to in paragraph 1.CHAPTER IVEnforcement of decisionsArticle 61. The transfer of the enforcement of decisions may only be requested under this Agreement where:(a) all channels of appeal against the decision have been exhausted and the decision is enforceable in the territory of the requesting Contracting Party;(b) the competent authorities have, in particular in accordance with Article 4, requested the person concerned to pay the financial penalty imposed but to no avail;(c) the financial penalty is not statute-barred by limitation under the law of the requesting Contracting Party;(d) the decision concerns a person who resides or who has his habitual residence in the territory of the requested Contracting Party;(e) the amount of the fine or financial penalty imposed is at least EUR 40.2. The Contracting Parties may bilaterally alter the scope of the provisions under point 1(e).Article 71. The transfer of the enforcement of a decision may not be refused unless the requested Contracting Party deems that:(a) the road traffic offence giving rise to the decision is not provided for under the law of the requested Contracting Party;(b) enforcement of the request runs counter to the principle of ne bis in idem pursuant to Articles 54 to 58 of the 1990 Convention;(c) the financial penalty is statute-barred by limitation under the law of the requested Contracting Party;(d) the person concerned would have been granted an amnesty or a pardon by the requested Contracting Party if the road traffic offence had been committed on the territory of the requested Contracting Party.2. The requested Contracting Party shall inform the requesting Contracting Party as soon as possible of a refusal to execute the request, giving the reasons for the refusal.Article 81. The decision shall be enforced without delay by the competent authorities of the requested Contracting Party.2. The financial penalty shall be payable in the currency of the requested Contracting Party. The amount shall be calculated on the basis of the official exchange rate obtaining when the decision mentioned in paragraph 1 is taken.3. Should it transpire upon conversion that the amount of the financial penalty imposed by the decision exceeds the maximum amount of the financial penalty prescribed in respect of the same type of road traffic offence by the law of the requested Contracting Party, the enforcement of the decision shall not exceed this maximum amount.4. At the time of depositing its instrument of ratification, acceptance or approval, each State may, for reasons of a constitutional order or of equal importance, declare that it intends to derogate from the application of paragraph 1 by making a declaration defining the cases in which the financial penalty to be enforced must be declared enforceable by a judicial decision of the requested Contracting Party before enforcement. This judicial decision shall not, however, concern the contents and the amount of the decision of the requesting Contracting Party which is to be enforced.Article 91. The enforcement of the decision shall be governed by the law of the requested Contracting Party.2. Any part of the financial penalty already enforced in the requesting Contracting Party shall be deducted in full from the penalty to be enforced in the requested Contracting Party.3. Where a financial penalty cannot be enforced, either totally or in part, an alternative penalty involving deprivation of liberty or coercive detention may be applied by the requested Contracting Party if provided for in both Contracting States, unless expressly excluded by the requesting Contracting Party.Article 10The requesting Contracting Party may no longer proceed with the enforcement of the decision once it has requested the transfer of enforcement. The right of enforcement shall revert to the requesting Contracting Party upon its being informed by the requested Contracting Party of the latter's refusal or inability to enforce.Article 11The requested Contracting Party shall terminate enforcement of the decision as soon as it (the requested Contracting Party) is informed by the requesting Contracting Party of any decision, measure or any other circumstance as a result of which enforcement of the decision is suspended or the decision ceases to be enforceable.Article 121. Requests for the transfer of the enforcement of a decision and all communications relating thereto shall be made in writing. They may be transmitted through any appropriate channels leaving a written record, including a fax.2. Documents shall be transmitted directly between the competent authorities of the Contracting Parties, the contact details of which shall be furnished by the vehicle registration authorities (Article 3(2)). These documents shall be transmitted via the designated central authorities of the Contracting Party if the contact details of the competent authority cannot be inferred from the information referred to in the first sentence.Article 131. The request for the transfer of enforcement of a decision shall be accompanied by a copy of the decision and a declaration by the competent authority of the requesting Contracting Party certifying that the conditions laid down in points (a), (b) and (c) of Article 6(1) have been fulfilled.2. Where appropriate, the requesting Contracting Party shall accompany its request by other information relevant to the transfer of the enforcement of a decision, in particular information regarding the special circumstances of the offence which were taken into consideration when assessing the financial penalty and, where possible, the text of the legal provisions applied.3. If the requested Contracting Party considers that the information supplied by the requesting Contracting Party is inadequate to enable it to apply this Agreement, it shall ask for the additional information required.4. The translation of the relevant documents into the official language or one of the official languages of the requested Contracting Party shall be attached.Article 14The competent authorities of the requested Contracting Party shall inform the competent authorities of the requesting Contracting Party of the enforcement of the financial penalty or, where appropriate, of inability to enforce the decision.Article 15The financial penalty and the cost of proceedings incurred by the requesting Contracting Party shall be enforced. Monies obtained from the enforcement of decisions shall accrue to the requested Contracting Party.Article 16Contracting Parties shall not claim from each other the refund of costs resulting from application of this Agreement.CHAPTER VFinal provisionsArticle 171. The Executive Committee established by the 1990 Convention shall have the general task of monitoring the proper application of this Agreement. The provisions of Article 132 of the 1990 Convention shall apply.2. The Joint Supervisory Authority established by the 1990 Convention shall be responsible, in matters relating to the protection of personal data, for delivering an opinion on the common aspects resulting from the implementation of this Agreement.3. At the proposal of a Contracting Party, the Executive Committee may decide to alter the amount provided for under point (e) of Article 6(1).Article 18This Agreement shall apply to the territory of the Contracting Parties. However, pursuant to Article 138 of the 1990 Convention, as regards the French Republic this Agreement shall apply only to the European territory of the French Republic, and as regards the Kingdom of the Netherlands this Agreement shall apply only to the European territory of the Kingdom of the Netherlands. Pursuant to Article 5(1) of the Agreement on the Accession of the Kingdom of Denmark to the 1990 Convention, this Agreement shall not apply to the Faeroe Islands and Greenland.Article 191. This Agreement shall also be applicable to traffic offences committed before its entry into force.2. When depositing its instrument of ratification, acceptance or approval, each State may declare that, as far as it is concerned and in its relations with those Contracting Parties which have made a similar declaration, this Agreement shall only apply to road traffic offences committed after its entry into force or after it has become applicable.Article 201. This Agreement is subject to ratification, acceptance or approval. The instruments of ratification, acceptance or approval shall be deposited with the Government of the Grand Duchy of Luxembourg, which shall notify all the Contracting Parties thereof.2. This Agreement shall enter into force on the first day of the second month following the date of deposit of the last instrument of ratification, acceptance or approval by the States for which the 1990 Convention has been brought into force as pursuant to paragraph 1, second subparagraph, of the Final Act of the abovementioned Convention.The Government of the Grand Duchy of Luxembourg shall notify all the Contracting Parties of the date of entry into force.In respect of the other States, this Agreement shall enter into force on the first day of the second month following the date of deposit of the instruments of ratification, acceptance or approval, at the earliest, however, on the date of bringing into force an Accession Agreement for these States to the 1990 Convention or to the 1996 Cooperation Agreement.3. Pending the entry into force of this Agreement, each State in which the 1990 Convention has been brought into force at the time of deposit of its instrument of ratification, acceptance or approval may, when depositing this instrument or at any later stage, declare this Agreement applicable in its relations with those States which make a similar declaration. This declaration shall take effect as of the first day of the second month following the date of deposit.Article 211. Each Contracting Party may submit a proposal for an amendment to this Agreement to the depositary. The depositary shall inform the other Contracting Parties of this proposal.2. The Contracting Parties shall adopt any amendments to this Agreement by common assent.3. The amendments shall enter into force on the first day of the second month following the date of deposit of the last instrument of ratification, acceptance or approval.Article 221. At the latest when depositing its instrument of ratification, acceptance or approval, each State shall notify the depositary of the names and addresses of the authorities within the meaning of Articles 1, 3 and 11(2).2. The lists of authorities pursuant to paragraph 1 may, by way of derogation from Article 19(1), be subsequently changed at any time by notification to the depositary.3. The depositary shall inform each Contracting Party of the designated authorities and subsequent changes.Article 23This Agreement shall be open to accession by all States which become Parties to the 1990 Convention.In witness whereof, the undersigned, duly authorised to that end, have signed this Agreement.Done at Luxembourg, this twenty-eighth day of April in the year one thousand nine hundred and ninety-nine, in a single original in the Dutch, English, French, German, Greek, Italian, Portuguese and Spanish languages, all eight texts being equally authentic.The texts in the Danish, Finnish, Icelandic, Norwegian and Swedish languages, to be submitted at a date after the signing, shall be equally authentic.


title: 2014/113/EU: Commission Decision of 3 March 2014 on setting up a Scientific Committee on Occupational Exposure Limits for Chemical Agents and repealing Decision 95/320/EC

text:
               4.3.2014

               EN

               Official Journal of the European Union

               L 62/18

      COMMISSION DECISION

   of 3 March 2014
   on setting up a Scientific Committee on Occupational Exposure Limits for Chemical Agents and repealing Decision 95/320/EC
   (2014/113/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Whereas:

               (1)

               The Scientific Committee on Occupational Exposure Limits for Chemical Agents (hereinafter the Committee) was set up by Commission Decision 95/320/EC (1) to evaluate the health effects of chemical agents on workers at work. The work of the Committee directly supports Union regulatory activity in the field of occupational safety and health. It develops high quality comparative analytical knowledge and it ensures that Commission proposals, decisions and policy relating to the protection of workers’ health and safety are based on sound scientific evidence.

               (2)

               The Committee assists the Commission, in particular, in evaluating the latest available scientific data and in proposing occupational exposure limits (OELs) for the protection of workers from chemical risks, to be set at Union level pursuant to Council Directive 98/24/EC (2) and Directive 2004/37/EC of the European Parliament and of the Council (3).

               (3)

               Members of SCOEL are highly qualified, specialized, independent experts selected on the basis of objective criteria. They are appointed in their personal capacity and provide the Commission with Recommendations and Opinions that are necessary for the development of EU policy on workers protection. The nature of the contribution is such that without it the Commission could not reach its social policy objectives to protect workers’ health and safety. Therefore, these independent experts should receive remuneration beyond reimbursement of expenses, which is proportionate to the particular tasks attributed to them.

               (4)

               The work of the Committee makes an effective contribution to improving the working environment to protect workers’ health and safety by providing the Commission with scientific evidence on the health effects of chemical agents on workers at work which is indispensable in order that the Commission is able to attain the relevant Union social policy objectives. Therefore, the financing of its activities will be provided by the relevant budget line that is dedicated to supporting initiatives in the social policies and working conditions field.

               (5)

               There is also a need to introduce improvements to the structure and working procedures of the Committee.

               (6)

               The Committee members should be selected through a call for expression of interest. This will ensure that the procedure respects the principles of equal opportunities and transparency.

               (7)

               With a view to ensuring continuity and efficiency of the Committee’s work, the members appointed by Commission Decision 2009/985/EU (4) should remain in office until new members of the Committee are appointed.

               (8)

               Scientific advice that is given on matters relating to the protection of workers’ health and safety must be based on the ethical principles of excellence, independence, impartiality and transparency, as developed in the Commission Communication on ‘The collection and use of expertise by the Commission: principles and guidelines. Improving knowledge for better policies’ (5), and it must be organised in accordance with best practice principles of risk assessment.

               (9)

               Since substantive amendments are to be made to Decision 95/320/EC, that Decision should be repealed and replaced by a new Decision in the interest of clarity,

         HAS ADOPTED THIS DECISION:
   Article 1
   Scientific Committee on Occupational Exposure Limits to Chemical Agents
   A Scientific Committee on Occupational Exposure Limits for Chemical Agents to evaluate the health effects of chemical agents on workers at work (‘the Committee’) shall be set up.
   Article 2
   Mission
   1.   The mission of the Committee shall be to provide the Commission with Recommendations or Opinions at the latter’s request on any matter relating to the toxicological evaluation of chemicals for their effects on the health of workers.
   2.   The Committee, after consulting the Secretariat provided for in Article 5(3), shall adopt a methodology for the derivation of Occupational Exposure Limits (‘OELs’) and keep it under review, to reflect all relevant scientific factors relating to the setting of OELs. It shall ensure that its methodology reflects current risk assessment practice.
   3.   The Committee shall in particular recommend OELs based on scientific data, as defined in Directives 98/24/EC and 2004/37/EC, which shall include, but not be limited to:

               —

               the eight-hour time weighted average (TWA);

               —

               short-term limits/excursion limits (STEL);

               —

               biological limit values/biological guidance values (BLV/BGV).

         The OELs shall be supplemented, as appropriate, by further notations which shall include:

               —

               likely absorption through the skin;

               —

               sensitising potential;

               —

               carcinogenic properties.

         Additional appropriate notations may be introduced by amendments to the Committee’s methodology document.
   4.   Any Recommendation for an OEL shall be supported and explained in detail by information on the basic data, a description of the critical effects, the extrapolation techniques used and any data on possible risks to human health. The feasibility of monitoring exposure at any proposed OEL shall also be noted.
   5.   The Commission may request the Committee to carry out other actions relating to the toxicological evaluation of chemical agents.
   6.   The Committee shall identify any lack of specific scientific information which may be necessary for the evaluation of chemical risks and shall inform the Commission accordingly.
   7.   The Committee shall identify current priority issues regarding health effects of chemicals and shall inform the Commission accordingly.
   8.   At the request of the Commission, the Committee shall set up thematic workshops in order to review data and scientific knowledge on chemical agents or issues related to its methodology. These workshops shall be organised with the support of the Secretariat of the Committee.
   9.   In carrying out its tasks the Committee, in accordance with article 5(5), shall seek to ensure cooperation with the relevant other bodies established under EU law, including Union Agencies, carrying out similar tasks in relation to issues of common concern.
   Article 3
   Appointment of Committee members
   1.   The Committee shall be composed of not more than twenty-one individual experts selected from a list of suitable candidates established following publication of a call for expression of interest in the Official Journal of the European Union and on the Commission website. A link from the Register of Commission expert groups and other similar entities (‘the Register’) to the web page where the call is published shall also be provided.
   The members shall be appointed in a personal capacity by the Commission.
   The members shall be selected on the basis of their proven scientific expertise and experience, having regard to the need to ensure:

               —

               that the full range of scientific expertise which is necessary to fulfil the mission is reflected, including, in particular, chemistry, toxicology, epidemiology, occupational medicine and industrial hygiene, and general competence in setting OELs;

               —

               a balanced geographical distribution of the members of the Committee.

         2.   The members’ names shall be published in the Register as well as in the Official Journal of the European Union for information purposes.
   Personal data shall be collected, processed and published in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (6).
   3.   Members appointed by Decision 2009/985/EU in accordance with Decision 95/320/EC shall remain in office under the present Decision until the appointment of members for a new term of office in accordance with the procedure set out in paragraphs 1 and 2.
   Article 4
   Term of office
   1.   The term of office for members of the Committee shall be three years. After expiry of the three-year period, members of the Committee shall remain in office until they are replaced or until their appointments are renewed.
   2.   In the event of resignation of a member of the Committee before expiry of the three-year period or where a member is absent from more than one third of the meetings or is for any other reason no longer capable of contributing effectively to the Committee’s deliberations, he/she may be replaced for the remainder of their term of office. In such a case, the Commission shall appoint a new member from the previous list of candidates in accordance with the procedure provided for in Article 3.
   Article 5
   Committee’s Board and Secretariat
   1.   At the beginning of each term of office, the Committee shall elect from among its members, by simple majority, a chair and two vice-chairs. Those three members shall constitute the Board of the Committee (‘the Board’).
   2.   The Board shall be responsible for internal procedural Committee matters and shall chair the meetings with a view to achieving a scientific consensus on the Recommendations or Opinions to be adopted.
   3.   The Commission shall provide the Secretariat for the Committee and its working groups, along with the administrative support necessary for the efficient functioning of the Committee.
   4.   The Secretariat shall ensure effective cooperation of the Committee with other Scientific Committees and Union Agencies.
   5.   The Secretariat shall take care to ensure early identification of potential sources of conflict between the Committee’s Recommendations and Opinions and those of other bodies established under EU law, including Union Agencies, carrying out a similar task in relation to issues of common concern.
   Article 6
   Working groups
   1.   At the request of the Board, the Committee may set up working groups from among its members, in agreement with the Commission services.
   2.   The working groups shall be required to discuss specific issues relevant to the work of the Committee, on the basis of terms of reference defined by the Committee, and to report back on the results of their deliberations. Such working groups shall be disbanded as soon as their task is completed.
   Article 7
   Plenary meetings of the Committee and meetings of the working groups
   1.   The Committee shall adopt its rules of procedure on the basis of the standard rules of procedure for Commission expert groups.
   2.   The plenary meetings of the Committee shall take place, as a general rule, four times a year.
   3.   The Commission services shall convene and take part in the plenary meetings of the Committee and shall convene the meetings of the working groups.
   4.   The Committee as well as the working groups shall normally meet at the headquarters of the Commission. However, in exceptional cases, meetings may be held elsewhere.
   Article 8
   Procedures and methodology
   1.   The deliberations of the Committee shall relate to any request for a Recommendation on an OEL for a specific substance or group of substances or any other scientific Opinion (‘Opinion’) requested by the Commission.
   2.   The Commission, in requesting any Recommendation or Opinion of the Committee, in accordance with paragraph 1, may fix the period of time within which those are to be given.
   3.   The Committee, and in particular the Board, shall make every effort to base its Recommendations or Opinions on a consensus. The Committee’s deliberations shall not be followed by a vote. In the absence of unanimous agreement, the various positions taken in the course of the deliberations shall be reported to the Commission by the Committee.
   4.   The Committee shall ensure, with the support of the Secretariat, that its methodology reflects the latest scientific standards and that it is implemented.
   5.   Without prejudice to the provisions on confidentiality referred to in Article 9(3), the Commission shall publish the updated methodology, along with adopted Recommendations and Opinions of the Committee, in the part of its website dedicated to the Committee.
   Article 9
   Ethical principles
   Members of the Committee shall undertake to act independently of any external influence. They shall not delegate their responsibilities to any other person.
   They shall make a declaration of commitment to act in the public interest and to declare either the absence or existence of any direct or indirect interest which might be considered prejudicial to their independence.
   The Commission services will take note of and decide on the relevance of any declared interests.
   The Committee shall ensure that its Recommendations and Opinions clearly present the reasoning used in its decision-making process, as outlined in its methodology.
   Without prejudice to Article 339 of the Treaty on the Functioning of the European Union and Article 12 of this Decision, the members of the Committee shall not divulge information coming to their knowledge as a result of the work of the Committee, thematic workshops, working groups or other activities related to this Decision.
   A written declaration of confidentiality shall be signed by the members of the Committee at the beginning of each term of office.
   Article 10
   Observers and external experts
   1.   The Commission services shall invite EEA/EFTA countries to submit proposals for scientists to attend meetings as observers.
   2.   When appropriate, the Commission services may invite scientific experts from outside the Committee with specific competence in a subject on the agenda to participate in the work of the Committee or in a working group on an ad hoc basis.
   Article 11
   Special allowances
   1.   Members of the Committee and external experts invited on the initiative of the Commission shall be entitled to a special allowance of a maximum of EUR 450 in the form of a daily unit cost for each full working day. The total allowance shall be calculated and rounded upwards to the amount corresponding to the nearest half working day. The payment shall be made in euro.
   2.   Travel and subsistence expenses incurred by participants in the activities of the Committee shall be reimbursed by the Commission in accordance with the applicable provisions (7). Those expenses shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.
   3.   Article 11(1) shall only come into effect on the date on which members are appointed for the next term of office of the Committee in accordance with the procedure set out in Article 3.
   Article 12
   Transparency
   1.   The Commission shall publish all relevant documents (such as agendas, minutes and participants’ submissions) either in the Register or via a link from the Register to a dedicated website.
   2.   Exceptions to publication shall be possible on the basis of a case-by-case assessment where disclosure of a document would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (8).
   Article 13
   Repeal
   1.   Decision 95/320/EC is hereby repealed.
   2.   References to the repealed Decision shall be construed as references to this Decision.
   Article 14
   Entry into force
   This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 3 March 2014.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  Commission Decision 95/320/EC of 12 July 1995 setting up a Scientific Committee for Occupational Exposure Limits to Chemical Agents (OJ L 188, 9.8.1995, p. 14).

      (2)  Council Directive 98/24/EC of 7 April 1998 on the protection of the health and safety of workers from the risks related to chemical agents at work (fourteenth individual Directive within the meaning of Article 16(1) of Directive 89/391/EEC) (OJ L 131, 5.5.1998, p. 11).

      (3)  Directive 2004/37/EC of the European Parliament and of the Council of 29 April 2004 on the protection of workers from the risks related to exposure to carcinogens or mutagens at work (Sixth individual Directive within the meaning of Article 16(1) of Council Directive 89/391/EEC) (OJ L 158, 30.4.2004, p. 50).

      (4)  Commission Decision 2009/985/EU of 18 December 2009 appointing members of the Scientific Committee for Occupational Exposure Limits to Chemical Agents for a new term of office (OJ L 338, 19.12.2009, p. 98).

      (5)  COM(2002) 713 final of 11 December 2002.

      (6)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

      (7)  Commission Decision C(2007) 5858 Rules on the reimbursement of expenses incurred by people from outside the Commission invited to attend meetings in an expert capacity.

      (8)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). Those exceptions are intended to protect public security, military affairs, international relations, financial, monetary or economic policy, privacy and integrity of the individual, commercial interests, court proceedings and legal advice, inspections/investigations/audits and the institution’s decision-making process.


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31981D0497

81/497/EEC: Council Decision of 6 July 1981 replacing a member of the Advisory Committee on Freedom of Movement for Workers

Official Journal L 193 , 16/07/1981 P. 0032

****( 1 ) OJ NO L 257 , 15 . 10 . 1968 , PP . 8 AND 9 .    COUNCIL DECISION   OF 6 JULY 1981   REPLACING A MEMBER OF THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS  ( 81/497/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,   HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1612/68 OF 15 OCTOBER 1968 ON FREEDOM OF MOVEMENT OF WORKERS WITHIN THE COMMUNITY ( 1 ), AND IN PARTICULAR ARTICLE 27 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 17 MARCH 1980 APPOINTING , FOR THE PERIOD ENDING ON 16 MARCH 1982 , MEMBERS AND ALTERNATE MEMBERS TO THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS ,   WHEREAS THE COUNCIL WAS INFORMED ON 9 APRIL 1981 THAT A MEMBER ' S SEAT ON THE ABOVE COMMITTEE HAD FALLEN VACANT IN THE WORKERS '  REPRESENTATIVES CATEGORY AS A RESULT OF THE DEATH OF MR GRASMAN ,   HAVING REGARD TO THE NOMINATION SUBMITTED ON 3 JUNE 1981 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR H . HOFSTEDE IS HEREBY APPOINTED MEMBER OF THE ADVISORY COMMITTEE ON FREEDOM OF MOVEMENT FOR WORKERS IN PLACE OF MR GRASMAN FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 16 MARCH 1982 .   DONE AT BRUSSELS , 6 JULY 1981 .   FOR THE COUNCIL   THE PRESIDENT   G . HOWE


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31968D0251

Council Decision of 30 May 1968 concluding the Agreement negotiated, under Article XXVIII of GATT, with the United States of America concerning concessions to the European Economic Community following reform of the American Customs Tariffs

Official Journal L 131 , 13/06/1968 P. 0018 Danish special edition: Series II Volume I(2) P. 0136  English special edition: Series II Volume I(2) P. 0220

++++COUNCIL DECISION  OF 30 MAY 1968  ON THE CONCLUSION OF AN AGREEMENT NEGOTIATED WITH THE UNITED STATES OF AMERICA UNDER ARTICLE XXVIII OF GATT ON CONCESSIONS GRANTED TO THE EUROPEAN ECONOMIC COMMUNITY AS A RESULT OF THE REFORM OF THE AMERICAN CUSTOMS TARIFF   ( 68/251/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLES 111 , 114 AND 228 THEREOF ;  HAVING REGARD TO THE COMMON CUSTOMS TARIFF OF THE EUROPEAN ECONOMIC COMMUNITY ;  HAVING REGARD TO THE COUNCIL DECISION OF 5 DECEMBER 1961 ;  HAVING REGARD TO THE REPORT OF THE COMMISSION ;  WHEREAS THE UNITED STATES OF AMERICA HAS NOTIFIED ITS INTENTION , OWING TO A REFORM OF ITS CUSTOMS TARIFF , TO MODIFY IN ACCORDANCE WITH ARTICLE XXVIII OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE CERTAIN CONCESSIONS AFFECTING THE EUROPEAN ECONOMIC COMMUNITY ; WHEREAS THESE MODIFICATIONS HAVE BEEN THE SUBJECT OF NEGOTIATIONS FOR COMPENSATORY ADJUSTMENT ;  WHEREAS THE RESULTS OF THOSE NEGOTIATIONS ARE ACCEPTABLE ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  THE AGREEMENT NEGOTIATED WITH THE UNITED STATES OF AMERICA UNDER ARTICLE XXVIII OF THE GENERAL AGREEMENT ON TARIFFS AND TRADE IS CONCLUDED ON BEHALF OF THE EUROPEAN ECONOMIC COMMUNITY ; THE TEXT OF THE AGREEMENT IS ANNEXED TO THIS DECISION .  ARTICLE 2  THE CONTRACTING PARTIES TO THE GENERAL AGREEMENT ON TARIFFS AND TRADE SHALL BE NOTIFIED OF THE CONCLUSION OF THIS AGREEMENT .  DONE AT BRUSSELS , 30 MAY 1968 .  FOR THE COUNCIL  THE PRESIDENT  G . LUPIS  ANNEX : SEE O.J .


title: 2008/519/EC: Decision of the European Parliament of 24 April 2007 on the discharge for the implementation of the budget of the Translation Centre for the bodies of the European Union for the financial year 2005

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 187/122

         DECISION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   on the discharge for the implementation of the budget of the Translation Centre for the bodies of the European Union for the financial year 2005
   (2008/519/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the Translation Centre for the bodies of the European Union for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the Translation Centre for the bodies of the European Union for the financial year 2005, together with the Centre's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 2965/94 of 28 November 1994 setting up a Translation Centre for the bodies of the European Union (4), and in particular Article 14 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular, Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control (A6-0101/2007),

               1.

               Grants the director of the Translation Centre for the bodies of the European Union discharge for the implementation of the Centre's budget for the financial year 2005;

               2.

               Sets out its observations in the Resolution below;

               3.

               Instructs its President to forward this Decision and the Resolution that forms an integral part of it to the director of the Translation Centre for the bodies of the European Union, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 266, 31.10.2006, p. 25.

      (2)  OJ C 312, 19.12.2006, p. 48.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 314, 7.12.1994, p. 1. Regulation as last amended by Regulation (EC) No 1645/2003 (OJ L 245, 29.9.2003, p. 13).

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

               15.7.2008

               EN

               Official Journal of the European Union

               L 187/123

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   with observations forming an integral part of the Decision on the discharge for the implementation of the budget of the Translation Centre for the bodies of the European Union for the financial year 2005
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the Translation Centre for the bodies of the European Union for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the Translation Centre for the bodies of the European Union for the financial year 2005, together with the Centre's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Council Regulation (EC) No 2965/94 of 28 November 1994 setting up a Translation Centre for the bodies of the European Union (4), and in particular Article 14 thereof,
   having regard to the Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control (A6-0101/2007),

               A.

               whereas the Court of Auditors stated that it obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2005 were reliable and that, except for a number of irregularities noted in the award of contracts, the underlying transactions, taken as a whole, were legal and regular;

               B.

               whereas on 27 April 2006 Parliament gave discharge to the director in respect of the implementation of the Centre's budget for the 2004 financial year (6) and in the Resolution accompanying the discharge Decision Parliament, inter alia,

                           —

                           noted the high level of appropriations cancelled by the Centre in 2004; insisted that the Centre improve its estimates in order that the budget as implemented more closely resembled the budget adopted by the Budgetary Authority,

                           —

                           was disappointed to note that the conflict concerning payment of employer's pension contributions was still not resolved; urged the Centre to step up its efforts to settle this dispute;

         General points concerning the majority of EU Agencies requiring individual discharge

               1.

               Considers that the ever-growing number of Community Agencies and the activities of certain of them do not seem to form part of an overall policy framework, and that the remits of some Agencies do not always reflect the real needs of the Union or the expectations of its citizens, and notes that in general terms the Agencies do not always have a good image or a good press;

               2.

               Invites the Commission therefore to define an overall policy framework for the setting up of new Community Agencies and to present a cost-benefit study before the setting up of any new Agency, while being careful to avoid any overlap of activities between Agencies or with the remits of other European organisations;

               3.

               Calls on the Court of Auditors to give its opinion on the cost-benefit study before Parliament takes its decision;

               4.

               Invites the Commission to present every five years a study on the added value of every existing Agency; invites all relevant institutions in the case of a negative evaluation of the added value of an Agency to take the necessary steps by reformulating the mandate of that Agency or by closing it;

               5.

               Considers it regrettable, given the growing number of regulatory Agencies, that the negotiations on the draft interinstitutional agreement on the operating framework for the European regulatory Agencies have not yet been concluded, and calls on the relevant departments of the Commission, in consultation with the Court of Auditors, to do their utmost to ensure that the agreement is brought to a rapid conclusion;

               6.

               Notes that the Commission's budgetary responsibility calls for closer linking of the Agencies to the Commission; calls on the Commission and the Council to take all necessary steps to give the Commission a blocking minority in the supervisory bodies of the regulatory Agencies by 31 December 2007 and to provide for such a minority from the outset when new Agencies are set up;

               7.

               Invites the Court of Auditors to create an additional chapter in its Annual Report, devoted to all Agencies to be discharged under the Commission's accounts in order to have a much clearer picture of the use of EU funds by Agencies;

               8.

               Recalls the principle according to which all Community Agencies, whether subsidised or not, are subject to discharge by the Parliament, even where a discharge authority exists by virtue of their constitutive texts;

               9.

               Calls on the Court of Auditors to perform performance audits for all Agencies and to report back to the relevant committees of Parliament, including the Committee on Budgetary Control;

               10.

               Notes that the number of Agencies is constantly increasing and that, in accordance with the Commission's political responsibility for the operation of the Agencies, which goes far beyond mere logistical support, there is an even higher need for the Directorates-General of the Commission charged with the setting up and monitoring of Agencies to develop a common approach to the Agencies; considers that a structure similar to the one created by the Agencies for coordination among the DGs concerned would be a pragmatic way forward towards a common approach by the Commission on all matters relating to the Agencies;

               11.

               Invites the Commission to improve administrative and technical support to the Agencies, taking into account the growing complexity of the Community's administrative rules and technical problems;

               12.

               Notes the lack of a disciplinary body in any of the Community Agencies, and calls on the Commission to take the necessary steps to ensure that such a mechanism is rapidly put in place;

               13.

               Welcomes the considerable improvements in the coordination among the Agencies, which allows them to tackle recurring problems and makes cooperation with the Commission and Parliament more efficient;

               14.

               Takes the view that the establishment by a number of Agencies of a shared support service aimed at making their computerised financial management systems consistent with those of the Commission is a measure that should be taken further and extended;

               15.

               Calls upon the Agencies to improve their cooperation and benchmarking with actors in the field; urges the Commission to adopt any measures it considers necessary to help the Agencies enhance their image and raise the profile of their activities;

               16.

               Calls upon the Commission to come up with a proposal to harmonise the format of the annual reporting by the Agencies and to develop performance indicators which would allow a comparison of their efficiency;

               17.

               Invites the Agencies to present at the beginning of every year performance indicators against which they could be measured;

               18.

               Invites all Agencies to increasingly use SMART objectives which should lead to more realistic planning and implementation of goals;

               19.

               Agrees with the Court of Auditors that the Commission also bears responsibility for the (financial) management of the Agencies; therefore, urges the Commission to monitor and where necessary direct and help the management of the different Agencies, especially in relation to the proper application of tender procedures, transparency of recruitment procedures, sound financial management (underspending and overbudgeting) and most importantly the proper application of the rules concerning the internal control framework;

               20.

               Considers that the Agencies' work programmes should express their contributions in operational and measurable terms and that due consideration should be given to the Commission's Internal Control Standards;

         Specific points

               21.

               Notes that for the financial year 2005, the overall rate of implementation for commitment appropriations was over 90 % and the same was true for payment appropriations, and that under-utilisation was noted with regard to expenditure on administration (Title II), where less than 75 % of the appropriations were committed, and 24 % of commitments were carried over; is concerned as, for the same period, more than 50 % of the total commitments carried over from the previous year were cancelled; insists that the Centre has to improve its programming of administrative expenditure;

               22.

               Invites the Centre to seek clarification of the intellectual property rights linked to the IATE database;

               23.

               Expresses its hope that the conflict between the Centre and the Commission as to the employer's portion of pension contributions for staff can be solved as quickly as possible.

      (1)  OJ C 266, 31.10.2006, p. 25.

      (2)  OJ C 312, 19.12.2006, p. 48.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 314, 7.12.1994, p. 1. Regulation as last amended by Regulation (EC) No 1645/2003 (OJ L 245, 29.9.2003, p. 13).

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

      (6)  OJ L 340, 6.12.2006, p. 102.


title: Decision No R1 of 20 June 2013 concerning the interpretation of Article 85 of Regulation (EC) No 987/2009  Text of relevance to the EEA and to the EC/Switzerland Agreement

text:
               27.9.2013

               EN

               Official Journal of the European Union

               C 279/11

         DECISION No R1
   of 20 June 2013
   concerning the interpretation of Article 85 of Regulation (EC) No 987/2009
   (Text of relevance to the EEA and to the EC/Switzerland Agreement)
   2013/C 279/06
   THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,
   Having regard to Article 72(a) of Regulation (EC) No 883/2004 (1), under which the Administrative Commission is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 (2),
   Having regard to Article 84(2) and (4) of Regulation (EC) No 883/2004,
   Having regard to Articles 80(1) and 85(1) and (2) of Regulation (EC) No 987/2009,
   Acting in accordance with the conditions laid down in Article 71(2), first subparagraph, of Regulation (EC) No 883/2004,
   Whereas:

               (1)

               Chapter III of Title IV of Regulation (EC) No 987/2009 on recovery of benefits and contributions was originally based on the EU provisions relating to recovery applicable in the tax field, namely Directive 76/308/EEC (3), subsequently replaced by Directive 2008/55/EC (4).

               (2)

               During the discussions in the Administrative Commission the question arose whether the costs related to recovery by the requested party, which could not be recovered from the person concerned, should be reimbursed by the applicant party.

               (3)

               Pursuant to Article 84(2) of Regulation (EC) No 883/2004, enforceable decisions of the judicial and administrative authorities relating to the collection of contributions, interest and any other charges, or to the recovery of benefits provided but not due under the legislation of one Member State, shall be recognised and enforced at the request of the competent institution in another Member State within the limits and in accordance with the procedures laid down by the legislation and any other procedures applicable to similar decisions of the latter Member State.

               (4)

               Following the recently adopted Directive 2010/24/EU (5) (concerning mutual assistance for the recovery of claims relating to taxes, duties and other measures) which replaces the former Directive 2008/55/EC on that matter, the approach in the tax field concerning the recovery of requested party costs which cannot be recovered from the person concerned has been reassessed and clarified.

               (5)

               In accordance with Article 85(1) of Regulation (EC) No 987/2009 the requested party shall recover from the natural or legal person concerned, and subsequently retain, any costs it incurs, linked to the recovery, in accordance with the laws and regulations of the Member State of the requested party that apply to similar claims.

               (6)

               In accordance with Article 85(2) of Regulation (EC) No 987/2009 mutual assistance shall, as a rule, be free of charge, reconfirming the general rule laid down in Article 76(2) of Regulation (EC) No 883/2004. It is therefore necessary to determine the scope of mutual assistance for the purposes of cross-border recovery of claims.

               (7)

               It is desirable, wherever possible, to align the interpretation of Chapter III of Title IV of Regulation (EC) No 987/2009 with the rules and principles concerning the mutual assistance for the recovery of claims relating to taxes and duties,

         HAS DECIDED AS FOLLOWS:

               1.

               Mutual assistance shall, as a rule, be free of charge. This means that institutions of the Member States shall provide administrative assistance to each other free of charge. This applies only to the costs of activities undertaken by the requested party itself.

               2.

               The costs related to recovery shall be charged in accordance with the laws and regulations of the requested party and, as a rule, be refunded by the debtor in addition to the amount of the claim.

               3.

               The costs related to recovery shall be settled first, and only after these costs are settled shall the claim of the applicant party be satisfied (priority rule for the costs).

               4.

               In cases where costs related to recovery cannot be recovered directly from the debtor by the requested party as a consequence of the national legislation of the requested party, or because the amount recovered from the debtor does not permit the satisfaction of the entire claim including costs related to recovery, such costs can be deducted from the recovered amount and only the balance shall be remitted by the requested party to the applicant party. Evidence that these costs were incurred by the requested party during the recovery procedure shall be provided by the requested party to the applicant party.

               5.

               In cases where recovery action does not result in the recovery of an amount which at least covers the costs related to recovery, or where recovery action was completely unsuccessful but costs related to recovery other than those referred to in paragraph 1 were incurred by the requested party, the applicant party shall reimburse these costs, unless the parties agree on a reimbursement arrangement specific to the case, or a waiver of reimbursement of such costs is concluded between the applicant party and the requested party.

               6.

               Where it is obvious that recovery poses a specific problem or concerns a very large amount in costs which are not likely to be recovered from the debtor, the applicant and requested parties may agree, preferably in advance, on reimbursement arrangements specific to the case in question.

               7.

               This decision shall be published in the Official Journal of the European Union. It shall apply from the date of its publication.

            The Chair of the Administrative Commission

         Anne McMANUS

      (1)  OJ L 166, 30.4.2004, p. 1.

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

      (3)  OJ L 73, 19.3.1976, p. 18.

      (4)  OJ L 150, 10.6.2008, p. 28.

      (5)  OJ L 84, 31.3.2010, p. 1.


title: 2014/590/EU: Decision of the European Parliament of 3 April 2014 on the closure of the accounts of the European Institute of Innovation and Technology for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/236

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on the closure of the accounts of the European Institute of Innovation and Technology for the financial year 2012
   (2014/590/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Institute of Innovation and Technology for the financial year 2012,

               —

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

               —

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

               —

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

               —

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

               —

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

               —

               having regard to Regulation (EC) No 294/2008 of the European Parliament and of the Council of 11 March 2008 establishing the European Institute of Innovation and Technology (4), and in particular Article 21 thereof,

               —

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

               —

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

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0234/2014),

               1.

               Approves the closure of the accounts of the European Institute of Innovation and Technology for the financial year 2012;

               2.

               Instructs its President to forward this Decision to the Director of the European Institute of Innovation and Technology, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 365, 13.12.2013, p. 142.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 97, 9.4.2008, p. 1.

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

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


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31996D0528

96/528/ECSC: Commission Decision of 29 February 1996 on the conclusion of an Agreement between the European Coal and Steel Community and the Republic of Turkey on trade in products covered by the Treaty establishing the European Coal and Steel Community

Official Journal L 227 , 07/09/1996 P. 0001 - 0002

COMMISSION DECISION of 29 February 1996 on the conclusion of an Agreement between the European Coal and Steel Community and the Republic of Turkey on trade in products covered by the Treaty establishing the European Coal and Steel Community (96/528/ECSC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 95, first paragraph thereof,Whereas, following the Council Decision of 30 October 1995, the Commission finalized negotiations with Turkey for a free trade agreement between the Community and Turkey in products covered by the ECSC Treaty;Having consulted the Consultative Committee and with the unanimous assent of the Council,HAS DECIDED AS FOLLOWS:Article 1 1. The Agreement between the European Coal and Steel Community and the Republic of Turkey on trade in products covered by the Treaty establishing the European Coal and Steel Community is hereby approved on behalf of the European Coal and Steel Community.2. The text of the Agreement is annexed to this Decision (1).Article 2 The President of the Commission will, on behalf of the European Coal and Steel Community, give the notification provided for in Article 20 of the Agreement.Done at Brussels, 29 February 1996.For the CommissionThe PresidentJacques SANTER(1) See page 3 of the Official Journal.


title: Decision (EU) 2017/559 of the European Parliament and of the Council of 15 March 2017 on the mobilisation of the European Globalisation Adjustment Fund following an application from the Netherlands — EGF/2016/005 NL/Drenthe Overijssel Retail

text:
               25.3.2017

               EN

               Official Journal of the European Union

               L 80/18

         DECISION (EU) 2017/559 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 15 March 2017
   on the mobilisation of the European Globalisation Adjustment Fund following an application from the Netherlands — EGF/2016/005 NL/Drenthe Overijssel Retail
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1), and in particular Article 15(4) thereof,
   Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (‘EGF’) aims to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis, or as a result of a new global financial and economic crisis, and to assist them with their reintegration into the labour market.

               (2)

               The EGF is not to exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Council Regulation (EU, Euratom) No 1311/2013 (3).

               (3)

               On 12 July 2016 the Netherlands submitted an application to mobilise the EGF, in respect of redundancies in 6 enterprises operating in the retail trade sector in 2 regions (Drenthe and Overijssel) in the Netherlands. It was supplemented by additional information provided in accordance with Article 8(3) of Regulation (EU) No 1309/2013. That application complies with the requirements for determining a financial contribution from the EGF as laid down in Article 13 of Regulation (EU) No 1309/2013.

               (4)

               The EGF should, therefore, be mobilised in order to provide a financial contribution of EUR 1 818 750 in respect of the application submitted by the Netherlands.

               (5)

               In order to minimise the time taken to mobilise the EGF, this decision should apply from the date of its adoption,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the Union for the financial year 2017, the European Globalisation Adjustment Fund shall be mobilised to provide the amount of EUR 1 818 750 in commitment and payment appropriations.
   Article 2
   This decision shall enter into force on the day of its publication in the Official Journal of the European Union.
   It shall apply from 15 March 2017.

      Done at Strasbourg, 15 March 2017.

            For the European Parliament

            The President

         A. TAJANI

            For the Council

            The President

         I. BORG

      (1)  OJ L 347, 20.12.2013, p. 855.

      (2)  OJ C 373, 20.12.2013, p. 1.

      (3)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).


title: Decision of the Court of Justice of 13 September 2011 on the lodging and service of procedural documents by means of e-Curia

text:
               1.10.2011

               EN

               Official Journal of the European Union

               C 289/7

         DECISION OF THE COURT OF JUSTICE
   of 13 September 2011
   on the lodging and service of procedural documents by means of e-Curia
   (000/2011/)
   THE COURT OF JUSTICE,
   Having regard to the Rules of Procedure and, in particular, Articles 37(7) and 79(3) thereof,
   Whereas:

               (1)

               In order to take account of developments in communication technology, an information technology application has been developed to allow the lodging and service of procedural documents by electronic means.

               (2)

               This application, which is based on an electronic authentication system using a combination of a user identification and a password, meets the requirements of authenticity, integrity and confidentiality of documents exchanged,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The information technology application known as ‘e-Curia’, common to the three constituent courts of the Court of Justice of the European Union, allows the lodging and service of procedural documents by electronic means under the conditions laid down by this Decision.
   Article 2
   Use of this application shall require a personal user identification and password.
   Article 3
   A procedural document lodged by means of e-Curia shall be deemed to be the original of that document for the purposes of the first subparagraph of Article 37(1) of the Rules of Procedure where the representative’s user identification and password have been used to effect that lodgment. Such identification shall constitute the signature of the document concerned.
   Article 4
   A document lodged by means of e-Curia must be accompanied by the Annexes referred to therein and a schedule listing such Annexes.
   It shall not be necessary to lodge certified copies of a document lodged by means of e-Curia or of any Annexes thereto.
   Article 5
   A procedural document shall be deemed to have been lodged for the purposes of Article 37(3) of the Rules of Procedure at the time of the representative’s validation of lodgment of that document.
   The relevant time shall be the time in the Grand Duchy of Luxembourg.
   Article 6
   Procedural documents, including judgments and orders, shall be served on the parties’ representatives by means of e-Curia where they have expressly accepted this method of service or, in the context of a case, where they have consented to this method of service by lodging a procedural document by means of e-Curia.
   Procedural documents shall also be served by means of e-Curia on Member States, other States which are parties to the Agreement on the European Economic Area and institutions, bodies, offices or agencies of the Union that have accepted this method of service.
   Article 7
   The intended recipients of the documents served referred to in Article 6 shall be notified by e-mail of any document served on them by means of e-Curia.
   A procedural document shall be served at the time when the intended recipient (representative or his assistant) requests access to that document. In the absence of any request for access, the document shall be deemed to have been served on the expiry of the seventh day following the day on which the notification e-mail was sent.
   Where a party is represented by more than one agent or lawyer, the time to be taken into account in the reckoning of time-limits shall be the time when the first request for access was made.
   The relevant time shall be the time in the Grand Duchy of Luxembourg.
   Article 8
   The Registrar shall draw up the conditions of use of e-Curia and ensure that they are observed. Any use of e-Curia contrary to those conditions may result in the deactivation of the access account concerned.
   The Court shall take the necessary steps to protect e-Curia from any abuse or malicious use.
   Users shall be notified by e-mail of any action taken pursuant to this Article that prevents them from using their access account.
   Article 9
   This decision shall enter into force on the day following that of its publication in the Official Journal of the European Union.

      Done at Luxembourg, 13 September 2011.

            Registrar

         A. CALOT ESCOBAR

            President

         V. SKOURIS


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32003D0106

2003/106/EC: Council Decision of 19 December 2002 concerning the approval, on behalf of the European Community, of the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade

Official Journal L 063 , 06/03/2003 P. 0027 - 0028

Council Decisionof 19 December 2002concerning the approval, on behalf of the European Community, of the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade(2003/106/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 175(1), in conjunction with Article 300(2), first paragraph, first sentence, and Article 300(3), first subparagraph, thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) The Commission participated on behalf of the Community in the negotiation of the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade, in accordance with the negotiating mandate given by the Council.(2) Upon the conclusion of the negotiations, the Convention was signed on behalf of the Community in Rotterdam on 11 September 1998.(3) The Convention is an important step in improving the international regulation of trade in certain hazardous chemicals and pesticides in order to protect human health and the environment from potential harm and to promote the environmentally sound use of such substances.(4) The Convention is open to ratification, acceptance or approval by States and by regional economic integration organisations.(5) Under the terms of the Convention, a regional economic integration organisation must declare in its instrument of ratification, acceptance, approval or accession the extent of its competence in respect of the matters governed by the Convention.(6) On 28 January 2003 Regulation (EC) No 304/2003 of the European Parliament and the Council concerning the export and import of dangerous chemicals(3) was adopted.(7) In consequence thereof, the Community can approve the Convention,HAS DECIDED AS FOLLOWS:Article 1The Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade, signed on 11 September 1998, is hereby approved on behalf of the European Community.The text of the Convention is set out in Annex A hereto.Article 21. The President of the Council is hereby authorised to designate the person or persons empowered to deposit the instrument of approval on behalf of the Community with the Secretary-General of the United Nations, in accordance with Article 25(1) of the Convention.2. The person or persons empowered to deposit the instrument of approval shall at the same time deposit the declaration of competence set out in Annex B to this Decision, as required by Article 25(3) of the Convention.Done at Brussels, 19 December 2002.For the CouncilThe PresidentL. Espersen(1) OJ C 126 E, 28.5.2002, p. 274.(2) Opinion of 24 October 2002 (not yet published in the Official Journal).(3) See p. 1 of this Journal.


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32002D0877

2002/877/EC: Council Decision of 5 November 2002 on the signing, on behalf of the European Community, and provisional application of an Agreement in the form of a Memorandum of Understanding between the European Community and the Federative Republic of Brazil on arrangements in the area of market access for textile and clothing products

Official Journal L 305 , 07/11/2002 P. 0020 - 0021

Council Decisionof 5 November 2002on the signing, on behalf of the European Community, and provisional application of an Agreement in the form of a Memorandum of Understanding between the European Community and the Federative Republic of Brazil on arrangements in the area of market access for textile and clothing products(2002/877/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 thereof, in conjunction with the first and second subparagraph of Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) The Commission has negotiated on behalf of the Community a bilateral Agreement in the form of a Memorandum of Understanding on trade in textile products with Brazil.(2) The Agreement in the form of a Memorandum of Understanding was initialled on 8 August 2002.(3) The Agreement in the form of a Memorandum of Understanding should be signed on behalf of the Community.(4) In order to allow its benefits to accrue to both Parties immediately following the relevant notifications, it is appropriate to apply this Agreement on a provisional basis pending completion of the relevant procedures for its formal conclusion, subject to reciprocity,HAS DECIDED AS FOLLOWS:Article 1Subject to possible conclusion at a later date the President of the Council is hereby authorised to designate the persons empowered to sign, on behalf of the European Community, the Agreement in the form of a Memorandum of Understanding on trade in textile products with Brazil.Article 2Subject to reciprocity, the Agreement in the form of a Memorandum of Understanding shall be applied on a provisional basis pending the completion of the procedures for its formal conclusion.The text of the Agreement is attached to this Decision.Article 31. The Commission, in accordance with the procedure referred to in Article 17 of Council Regulation (EC) No 3030/93 of 12 October 1993 on common rules for imports of certain textile products from third countries(1), may modify the application of the double-checking regime for certain products, after consultations with Brazil under paragraph 6 of the Memorandum of Understanding.2. In the event of the failure on the part of Brazil to fulfil the obligations covered by paragraphs 2 and 5 of the Memorandum of Understanding or of its additional agreed minute, the Commission shall re-apply the quota regime in accordance with the procedure referred to in Article 17 of Regulation 3030/93.Article 4This Decision shall take effect on the day following that of its publication in the Official Journal of the European Communities.Done at Brussels, 5 November 2002.For the CouncilThe PresidentT. Pedersen(1) OJ L 275, 8.11.1993, p. 1. Regulation as last amended by Commission Regulation (EC) No 797/2002 (OJ L 128, 15.5.2002, p. 29).


title: Political and Security Committee Decision EU SSR GUINEA-BISSAU/1/2008 of 5 March 2008 concerning the appointment of the Head of Mission of the European Union mission in support of security sector reform in the Republic of Guinea-Bissau, EU SSR GUINEA-BISSAU

text:
               15.3.2008

               EN

               Official Journal of the European Union

               L 73/34

      POLITICAL AND SECURITY COMMITTEE DECISION EU SSR GUINEA-BISSAU/1/2008
   of 5 March 2008
   concerning the appointment of the Head of Mission of the European Union mission in support of security sector reform in the Republic of Guinea-Bissau, EU SSR GUINEA-BISSAU
   (2008/226/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union and in particular the third subparagraph of Article 25 thereof,
   Having regard to Council Joint Action 2008/112/CFSP of 12 February 2008 on the European Union mission in support of security sector reform in the Republic of Guinea-Bissau, EU SSR GUINEA BISSAU (1), and in particular the second subparagraph of Article 8(1) thereof,
   Whereas:

               (1)

               Pursuant to the second subparagraph of Article 8(1) of Joint Action 2008/112/CFSP, the PSC is authorised, in accordance with Article 25 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of EU SSR GUINEA-BISSAU, including the decision to appoint a Head of Mission.

               (2)

               The Secretary General/High Representative has proposed the appointment of Mr Juan Esteban Verástegui as the Head of EU SSR GUINEA-BISSAU,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Mr Juan Esteban Verástegui is hereby appointed Head of Mission of the European Union mission in support of security sector reform in the Republic of Guinea-Bissau, EU SSR GUINEA-BISSAU.
   Article 2
   This Decision shall take effect on the day of its adoption.
   It shall apply until the expiry of Council Joint Action 2008/112/CFSP.

      Done at Brussels, 5 March 2008.

            For the Political and Security Committee

            The President

         M. IPAVIC

      (1)  OJ L 40, 14.2.2008, p. 11.


title: Appointment of a member of the Court of Auditors – Mr Augustyn Bronisław Kubik European Parliament decision of 25 March 2010 on the nomination of Augustyn Bronisław Kubik as a Member of the Court of Auditors (C7-0021/2010 – 2010/0809(NLE))

text:
               7.1.2011

               EN

               Official Journal of the European Union

               CE 4/70

         Thursday 25 March 2010Appointment of a member of the Court of Auditors – Mr Augustyn Bronisław Kubik
   P7_TA(2010)0081
   European Parliament decision of 25 March 2010 on the nomination of Augustyn Bronisław Kubik as a Member of the Court of Auditors (C7-0021/2010 – 2010/0809(NLE))
   2011/C 4 E/20
   (Consultation)

      The European Parliament,
   having regard to Article 286(2) of the Treaty on the Functioning of the EU, pursuant to which the Council consulted Parliament (C7-0021/2010),
   having regard to the fact that, at its meeting of 15 March 2010, the Committee on Budgetary Control heard the Council’s nominee for membership of the Court of Auditors,
   having regard to Rule 108 of its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A7-0041/2010),

               A.

               whereas Augustyn Bronisław Kubik fulfils the conditions laid down in Article 286(1) of the Treaty on the Functioning of the EU,

               1.

               Delivers a favourable opinion on the nomination of Augustyn Bronisław Kubik as a Member of the Court of Auditors;

               2.

               Instructs its President to forward this decision to the Council and, for information, the Court of Auditors, the other institutions of the European Union and the audit institutions of the Member States.


title: 2009/549/EC: Commission Decision of 13 July 2009 nominating a public policy member of the Supervisory Board of the European Financial Reporting Advisory Group

text:
               15.7.2009

               EN

               Official Journal of the European Union

               L 182/63

      COMMISSION DECISION

   of 13 July 2009
   nominating a public policy member of the Supervisory Board of the European Financial Reporting Advisory Group
   (2009/549/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Whereas:

               (1)

               In accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards (1), an accounting technical committee should provide support and expertise to the Commission in the assessment of international accounting standards. The role of that accounting technical committee is fulfilled by the European Financial Reporting Advisory Group (EFRAG).

               (2)

               EFRAG was founded in 2001 by European organisations representing issuers, investors and the accountancy profession involved in the financial reporting process.

               (3)

               Following the reforms of EFRAG’s governance structure, EFRAG’s Supervisory Board includes four public policy members specifically selected on the basis of their experience in public policy making at either national or European level. In accordance with Section 3.2 of Appendix 1 to the EFRAG Statues effective from 11 June 2009, it is for the Commission to nominate those public policy members. EFRAG’s Supervisory Board members are appointed by EFRAG’s General Assembly.

               (4)

               After a public call for applications (2) the Commission has selected one candidate to be nominated as public policy member of EFRAG’s Supervisory Board,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The Commission hereby nominates Mr Pedro SOLBES to be appointed as public policy member of the Supervisory Board of the European Financial Reporting Advisory Group.

      Done at Brussels, 13 July 2009.

            For the Commission

         Charlie McCREEVY

            Member of the Commission

      (1)  OJ L 243, 11.9.2002, p. 1.

      (2)  OJ C 74, 28.3.2009, p. 61.