title: 2008/628/EC: Council Decision of 25 February 2008 on the signing and provisional application of a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

text:
               1.8.2008

               EN

               Official Journal of the European Union

               L 205/40

         COUNCIL DECISION
   of 25 February 2008
   on the signing and provisional application of a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
   (2008/628/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the third sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, in conjunction with the second sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the Treaty of Accession of the Republic of Bulgaria and Romania, and in particular Article 4(3) thereof,
   Having regard to the Act of Accession of the Republic of Bulgaria and Romania, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 23 October 2006, the Council authorised the Commission, on behalf of the Community and its Member States, to negotiate with the Kyrgyz Republic a Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union.

               (2)

               Subject to its possible conclusion at a later date, the Protocol should be signed on behalf of the European Communities and their Member States.

               (3)

               The Protocol should be applied on a provisional basis from 1 January 2007, pending completion of the relevant procedures for its formal conclusion,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The President of the Council is hereby authorised to designate the person(s) empowered to sign, on behalf of the European Communities and their Member States, the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union, subject to possible conclusion at a later stage.
   The text of the Protocol is attached to this Decision (1).
   Article 2
   Pending its entry into force, the Protocol shall be applied on a provisional basis from 1 January 2007.

      Done at Brussels, 25 February 2008.

            For the Council

            The President

         A. VIZJAK

      (1)  See page 42 of this Official Journal.
    ---documentbreak---

               1.8.2008

               EN

               Official Journal of the European Union

               L 205/42

         PROTOCOL
   to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
   THE KINGDOM OF BELGIUM,
   THE REPUBLIC OF BULGARIA,
   THE CZECH REPUBLIC,
   THE KINGDOM OF DENMARK,
   THE FEDERAL REPUBLIC OF GERMANY,
   THE REPUBLIC OF ESTONIA,
   IRELAND,
   THE HELLENIC REPUBLIC,
   THE KINGDOM OF SPAIN,
   THE FRENCH REPUBLIC,
   THE ITALIAN REPUBLIC,
   THE REPUBLIC OF CYPRUS,
   THE REPUBLIC OF LATVIA,
   THE REPUBLIC OF LITHUANIA,
   THE GRAND DUCHY OF LUXEMBOURG,
   THE REPUBLIC OF HUNGARY,
   THE REPUBLIC OF MALTA,
   THE KINGDOM OF THE NETHERLANDS,
   THE REPUBLIC OF AUSTRIA,
   THE REPUBLIC OF POLAND,
   THE PORTUGUESE REPUBLIC,
   ROMANIA,
   THE REPUBLIC OF SLOVENIA,
   THE SLOVAK REPUBLIC,
   THE REPUBLIC OF FINLAND,
   THE KINGDOM OF SWEDEN,
   THE UNITED KINGDOM OF GREAT BRITAIN AND NORTHERN IRELAND,
   hereinafter referred to as the ‘Member States’, represented by the Council of the European Union,
   and
   THE EUROPEAN COMMUNITY AND THE EUROPEAN ATOMIC ENERGY COMMUNITY,
   hereinafter referred to as ‘the Communities’, represented by the Council of the European Union and the European Commission,
   of the one part, and
   THE KYRGYZ REPUBLIC,
   of the other part,
   hereinafter referred to as ‘Parties’ for the purposes of this Protocol,
   HAVING REGARD TO the provisions of the Treaty between the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, Ireland, the Hellenic Republic, the Kingdom of Spain, the French Republic, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden and the United Kingdom of Great Britain and Northern Ireland (Member States of the European Union) and the Republic of Bulgaria and Romania concerning the accession of the Republic of Bulgaria and Romania to the European Union, which was signed in Luxembourg on 25 April 2005 and is applied from 1 January 2007,
   CONSIDERING the new situation in relations between the Kyrgyz Republic and the European Union arising from the accession to the EU of two new Member States, which opens opportunities and brings about challenges for the cooperation between the Kyrgyz Republic and the European Union,
   TAKING INTO ACCOUNT the desire of the Parties to ensure the attainment and implementation of the objectives and principles of the PCA,
   HAVE AGREED AS FOLLOWS:
   Article 1
   The Republic of Bulgaria and Romania shall be Parties to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Kyrgyz Republic, of the other part, signed in Brussels on 9 February 1995 and entered into force on 1 July 1999 (hereinafter the Agreement) and shall respectively adopt and take note, in the same manner, as the other Member States, of the texts of the Agreement, as well as of the Joint Declarations, Exchanges of Letters, and Declaration by the Kyrgyz Republic annexed to the Final Act signed on the same date and the Protocol to the Agreement of 30 April 2004, which entered into force on 1 June 2006.
   Article 2
   This Protocol shall form an integral part of the Agreement.
   Article 3
   1.   This Protocol shall be approved by the Communities, by the Council of the European Union on behalf of the Member States and by the Kyrgyz Republic in accordance with their own procedures.
   2.   The Parties shall notify each other of the completion of the corresponding procedures referred to in the preceding paragraph. The instruments of approval shall be deposited with the General Secretariat of the Council of the European Union.
   Article 4
   1.   This Protocol shall enter into force on the first day of the first month following the date of the deposit of the last instrument of approval.
   2.   Pending the date of its entry into force, this Protocol shall apply provisionally with effect from 1 January 2007.
   Article 5
   1.   The texts of the Agreement, the Final Act and all documents annexed to it, as well as the Protocol to the Agreement of 30 April 2004, are drawn up in the Bulgarian and Romanian languages.
   2.   They are annexed to this Protocol and are equally authentic with the texts in the other languages in which the Agreement, the Final Act and the documents annexed to it, as well as the Protocol to the Agreement of 30 April 2004, are drawn up.
   Article 6
   This Protocol is drawn up in duplicate in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovene, Slovak, Spanish, Swedish and Kyrgyz languages, each of these texts being equally authentic.

      Съставено в Брюксел на единадесети юни две хиляди и осма година.
      Hecho en Bruselas, el once de junio de dosmile ocho.
      V Bruselu dne jedenáctého června dva tisíce osm.
      Udfærdiget i Bruxelles den ellevte juni to tusind og otte.
      Geschehen zu Brüssel am elften Juni zweitausendacht.
      Kahe tuhande kaheksanda aasta juunikuu üheteistkümnendal päeval Brüsselis.
      Έγινε στις Βρυξέλλες, στις ένδεκα Ιουνίου δύο χιλιάδες οκτώ.
      Done at Brussels on the eleventh day of June in the year two thousand and eight.
      Fait à Bruxelles, le onze juin deux mille huit.
      Fatto a Bruxelles, addì undici giugno duemilaotto.
      Briselé, divtūkstoš astotā gada vienpadsmitajā jūnijā.
      Priimta du tūkstančiai aštuntų metų birželio vienuoliktą dieną Briuselyje.
      Kelt Brüsszelben, a kétezer-nyolcadik év június tizenegyedik napján.
      Maghmul fi Brussell, fil-ħdax-il jum ta' Ġunju tas-sena elfejn u tmienja.
      Gedaan te Brussel, de elfde juni tweeduizend acht.
      Sporządzono w Brukseli, dnia jedenastego czerwca dwa tysiące ósmego roku.
      Feito em Bruxelas, em onze de Junho de dois mil e oito.
      Încheiat la Bruxelles, la unsprezece iunie două mii opt.
      V Bruseli dňa jedenásteho júna dvetisícosem.
      V Bruslju, dne enajstega junija leta dva tisoč osem.
      Tehty Brysselissä yhdentenätoista päivänä kesäkuuta vuonna kaksituhattakahdeksan.
      Som skedde i Bryssel den elfte juni tjugohundraåtta.

      Составлено в Брюсселе одинадцатого июня две тысячи восьмого года.

         За дьржавите-членки
         Por los Estados miembros
         Za členské státy
         For medlemsstaterne
         Für die Mitgliedstaaten
         Liikmesriikide nimel
         Για τα κράτη μέλη
         For the Member States
         Pour les États membres
         Per gli Stati membri
         Dalīvalstu vārdā
         Valstybių narių vardu
         A tagállamok részéről
         Għall-Istati Membri
         Voor de lidstaten
         W imieniu państw członkowskich
         Pelos Estados-Membros
         Pentru statele membre
         Za členské štáty
         Za države članice
         Jäsenvaltioiden puolesta
         På medlemsstaternas vägnar

         За Государства-Члены

         За Европейската общност
         Por las Comunidades Europeas
         Za Evropská společenství
         For De Europæiske Fællesskaber
         Für die Europäischen Gemeinschaften
         Euroopa ühenduste nimel
         Για τις Ευρωπαϊκές Κοινότητες
         For the European Communities
         Pour les Communautés européennes
         Per le Comunità europee
         Eiropas Kopienu vārdā
         Europos Bendrijų vardu
         Az Európai Közösségek részéről
         Għall-Komunitajiet Ewropej
         Voor de Europese Gemeenschappen
         W imieniu Wspólnot Europejskich
         Pelas Comunidades Europeias
         Pentru Comunitatea Europenă
         Za Európske spoločenstvá
         Za Evropske skupnosti
         Euroopan yhteisöjen puolesta
         På Europeiska gemenskapernas vägnar

         За Европейские Сообщества

         За Киргизката република
         Por la República Kirguisa
         Za Kyrgyzskou Republiku
         For den Kirgisiske Republik
         Für die Kirgisische Republik
         Kirgiisi Vabariigi nimel
         Για τη Δημοκρατία του Κιργιζιστάν
         For the Kyrgyz Republic
         Pour la République kirghize
         Per la Repubblica del Kirghizistan
         Kirgizijos Respublikos vardu
         Kirgizstānas Republikas vārdā
         A Kirgiz Köztársaság részéről
         Għar-Repubblika Kirgιża
         Voor de Republiek Kirgizstan
         W imieniu Republiki Kirgiskiej
         Pela República do Quirguizistão
         Pentru Republica Kârgâzstan
         Za Kirgizskú republiku
         Za Kirgiško Republiko
         Kirgisian tasavallan puolesta
         För Republiken Kirgizistan

         Зa Кыргызcкую Республику


title: 2012/279/EU: Council Decision of 14 May 2012 on the signing, on behalf of the Union, of the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Vietnam, of the other part

text:
               26.5.2012

               EN

               Official Journal of the European Union

               L 137/1

         COUNCIL DECISION
   of 14 May 2012
   on the signing, on behalf of the Union, of the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Vietnam, of the other part
   (2012/279/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 79(3), 91, 100, 207 and 209 in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 14 May 2007, the Council authorised the Commission to negotiate a Framework Agreement with the Socialist Republic of Vietnam on Comprehensive Partnership and Cooperation (‘the Agreement’).

               (2)

               The provisions of the Agreement that fall within the scope of Part Three, Title V of the Treaty on the Functioning of the European Union bind the United Kingdom and Ireland as separate Contracting Parties, and not as part of the European Union, unless the European Union together with the United Kingdom and/or Ireland have jointly notified the Socialist Republic of Vietnam that the United Kingdom or Ireland is bound as part of the European Union in accordance with the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of Freedom, Security and Justice annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union. If the United Kingdom and/or Ireland ceases to be bound as part of the European Union in accordance with Article 4a of the Protocol (No 21), the European Union together with the United Kingdom and/or Ireland are to immediately inform the Socialist Republic of Vietnam of any change in their position in which case they are to remain bound by the provisions of the Agreement in their own right. The same applies to Denmark in accordance with the Protocol (No 22) on the position of Denmark annexed to those Treaties.

               (3)

               Where the United Kingdom and/or Ireland have not provided the notification required under Article 3 of the Protocol (No 21) on the position of the United Kingdom and Ireland in respect of the area of Freedom, Security and Justice, they do not take part in the adoption by the Council of this Decision to the extent that it covers provisions pursuant to Part Three, Title V of the Treaty on the Functioning of the European Union. The same applies to Denmark in accordance with the Protocol (No 22) on the position of Denmark, annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union.

               (4)

               The Agreement should be signed, subject to its conclusion at a later date,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Framework Agreement on Comprehensive Partnership and Cooperation between the European Union and its Member States, of the one part, and the Socialist Republic of Vietnam, of the other part, is hereby authorised on behalf of the Union, subject to the conclusion of the said Agreement (1).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   This Decision will enter into force the day after its adoption.

      Done at Brussels, 14 May 2012.

            For the Council

            The President

         C. ASHTON

      (1)  The text of the Agreement and the Declarations will be published together with the decision on the conclusion of the Agreement.


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42003D0198

2003/198/EC,Euratom: Decision of the Representatives of the Governments of the Member States of 17 March 2003 appointing a member of the Court of First Instance of the European Communities

Official Journal L 076 , 22/03/2003 P. 0020 - 0020

Decision of the Representatives of the Governments of the Member Statesof 17 March 2003appointing a member of the Court of First Instance of the European Communities(2003/198/EC, Euratom)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 224 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 140 thereof,Whereas, pursuant to Articles 5 and 7 of the Protocol on the Statute of the Court of Justice and following the resignation of Mr Rui Manuel MOURA RAMOS, a member of the Court of First Instance should be appointed, for the remainder of his term of office, which runs until 31 August 2004,HAVE DECIDED AS FOLLOWS:Article 1Ms Maria Eugénia MARTINS de NAZARÉ RIBEIRO is hereby appointed a member of the Court of First Instance of the European Communities from 1 April 2003 until 31 August 2004.Article 2This Decision shall be published in the Official Journal of the European Union.Done at Brussels, 17 March 2003.The PresidentA. Agathocles


title: Decision (EU) 2016/2157 of the European Parliament of 27 October 2016 on discharge in respect of the implementation of the budget of the Artemis Joint Undertaking for the financial year 2014

text:
               8.12.2016

               EN

               Official Journal of the European Union

               L 333/60

         DECISION (EU) 2016/2157 OF THE EUROPEAN PARLIAMENT
   of 27 October 2016
   on discharge in respect of the implementation of the budget of the Artemis Joint Undertaking for the financial year 2014
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Artemis Joint Undertaking for the financial year 2014,

               —

               having regard to the Court of Auditors' report on the annual accounts of the Artemis Joint Undertaking for the period 1 January to 26 June 2014, together with the Joint Undertaking's reply (1),

               —

               having regard to the statement of assurance (2) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the financial year 2014, pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to the Council's recommendation of 12 February 2016 on discharge to be given to Joint Undertaking in respect of the implementation of the budget for the financial year 2014 (05587/2016 — C8-0055/2016),

               —

               having regard to its decision of 28 April 2016 (3) postponing the discharge decision for the financial year 2014, and the replies from the Executive Director of the ECSEL Joint Undertaking (formerly the Artemis Joint Undertaking and the ENIAC Joint Undertaking),

               —

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

               —

               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 (4), and in particular Article 209 thereof,

               —

               having regard to Council Regulation (EC) No 74/2008 of 20 December 2007 on the establishment of the ‘Artemis Joint Undertaking’ to implement a Joint Technology Initiative in Embedded Computing Systems (5),

               —

               having regard to Council Regulation (EU) No 561/2014 of 6 May 2014 establishing the ECSEL Joint Undertaking (6), and in particular Article 1(2) and Article 12 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 (7),

               —

               having regard to Commission Delegated Regulation (EU) No 110/2014 of 30 September 2013 on the model financial regulation for public-private partnership bodies referred to in Article 209 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (8),

               —

               having regard to Rule 94 of and Annex V to its Rules of Procedure,

               —

               having regard to the second report of the Committee on Budgetary Control (A8-0276/2016),

               1.

               Grants the Executive Director of the ECSEL Joint Undertaking (formerly the Artemis Joint Undertaking and the ENIAC Joint Undertaking) discharge in respect of the implementation of the Artemis Joint Undertaking's budget for the financial year 2014;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this decision, and the resolution forming an integral part of it, to the Executive Director of the ECSEL Joint Undertaking (formerly the Artemis Joint Undertaking and the ENIAC Joint Undertaking), the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 422, 17.12.2015, p. 9.

      (2)  OJ C 422, 17.12.2015, p. 10.

      (3)  OJ L 246, 14.9.2016, p. 425.

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

      (5)  OJ L 30, 4.2.2008, p. 52.

      (6)  OJ L 169, 7.6.2014, p. 152.

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

      (8)  OJ L 38, 7.2.2014, p. 2.


title: Approving the appointment of Mr Antonio Tajani as a Member of the Commission European Parliament decision of 18 June 2008 approving the appointment of Mr Antonio Tajani as a Member of the Commission

text:
               27.11.2009

               EN

               Official Journal of the European Union

               CE 286/103

         Wednesday 18 June 2008Approving the appointment of Mr Antonio Tajani as a Member of the Commission
   P6_TA(2008)0291
   European Parliament decision of 18 June 2008 approving the appointment of Mr Antonio Tajani as a Member of the Commission
   2009/C 286 E/41

      The European Parliament,
   having regard to Article 214(2), third subparagraph, and Article 215 of the EC Treaty,
   having regard to point 4 of the Framework Agreement on relations between the European Parliament and the Commission (1),
   having regard to the resignation of Mr Franco Frattini as a Member of the Commission, tendered on 7 May 2008,
   having regard to the nomination by the Government of the Italian Republic of Mr Antonio Tajani for appointment as a Member of the Commission on 8 May 2008,
   having regard to Council Decision 2008/380/EC, Euratom of 9 May 2008 appointing a new member of the Commission of the European Communities (2),
   having regard to the hearing of the Commissioner-designate before its committee responsible held on 16 June 2008,
   having regard to Rule 99 of its Rules of Procedure,

               1.

               Approves the appointment of Mr Antonio Tajani as a Member of the Commission for the remainder of the Commission's term of office until 31 October 2009;

               2.

               Instructs its President to forward this decision to the Council, the Commission and the governments of the Member States.

      (1)  OJ C 117 E, 18.5.2006, p. 123.

      (2)  OJ L 131, 21.5.2008, p. 6.


Avis juridique important

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32001D0197

2001/197/EC: Council Decision of 26 February 2001 concerning the conclusion of an Agreement between the European Community and the Government of Canada renewing a cooperation programme in higher education and training

Official Journal L 071 , 13/03/2001 P. 0015 - 0015

Council Decisionof 26 February 2001concerning the conclusion of an Agreement between the European Community and the Government of Canada renewing a cooperation programme in higher education and training(2001/197/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 149 and 150 in conjunction with Article 300(3), first subparagraph thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament,Whereas:(1) By its Decision of 22 May 2000 the Council authorised the Commission to negotiate Agreements for cooperation in higher education and vocational training between the European Community, Canada and the United States of America.(2) The Community and Canada expect to obtain mutual benefit from such cooperation, which must, on the Community's side, be complementary to the bilateral programmes between the Member States and Canada and provide a European added value.(3) The Agreement between the European Community and the Government of Canada renewing a cooperation programme in higher education and training should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement between the European Community and the Government of Canada renewing a cooperation programme in higher education and training is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2The delegation of the European Community to the Joint Committee referred to in Article 6 of the Agreement shall consist of a representative from the Commission assisted by a representative from each Member State.Article 3The President of the Council shall carry out the notification provided for in Article 12 of the Agreement.Done at Brussels, 26 February 2001.For the CouncilThe PresidentA. Lindh


Avis juridique important

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31999D0352

1999/352/EC, ECSC, Euratom: Commission Decision of 28 April 1999 establishing the European Anti-fraud Office (OLAF) (notified under document number SEC(1999) 802)

Official Journal L 136 , 31/05/1999 P. 0020 - 0022

COMMISSION DECISIONof 28 April 1999establishing the European Anti-fraud Office (OLAF)(notified under document number SEC(1999) 802)(1999/352/EC, ECSC, Euratom)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community, and in particular Article 162 thereof,Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 16 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 131 thereof,(1) Whereas the institutions and the Member States attach great importance to the protection of the Communities' financial interests and to the fight against fraud and any other illegal activities to the detriment of the Communities' financial interests; whereas the importance of action to that end is confirmed by Article 209a of the EC Treaty, Article 78i of the ECSC Treaty, Article 183a of the Euratom Treaty as well as by Article 280 of the EC Treaty as formulated by the Treaty of Amsterdam;(2) Whereas all available means need to be deployed to fully attain this objective, notably in terms of investigation functions devolved to the Community level, while the current allocation and balance of responsibilities as between the national and Community levels should be maintained;(3) Whereas the task of carrying out administrative investigations for the purpose of protecting the financial interests of the Communities has until now been conferred on the Task Force for Coordination of Fraud Prevention, which succeeded the Unit for the Coordination of Fraud Prevention (UCLAF);(4) Whereas the need to increase the effectiveness of the fight against fraud and other illegal activities detrimental to the financial interests of the Communities requires the establishment of a European Anti-fraud Office (OLAF), hereinafter referred to as "the Office" which must exercise its investigation powers in full independence;(5) Whereas the independence of the Director of the Office and the role of the Surveillance Committee arising from this Decision, and from the EC and Euratom Regulations concerning the investigations conducted by the Office, seek to guarantee the Office's proper conduct of investigations without interfering with its other tasks, such as those which are the prerogative of the Commission, in particular in matters of legislation;(6) Whereas the responsibility of the Office should involve, over and above the protection of financial interests, all the activities linked with the protection of Community interests from irregular acts likely to lead to administrative or penal proceedings;(7) Whereas the definition of the functions of the Office should include the tasks carried out up to now by the Task Force for Coordination of Fraud Prevention, in particular those tasks concerning the preparation of legislative and regulatory provisions in the areas of activity of this Office, including instruments which fall under Title VI of the Treaty on European Union,HAS DECIDED AS FOLLOWS:Article 1Establishment of the OfficeA European Anti-fraud Office (OLAF), hereinafter referred to as "the Office", is hereby established. The Office shall replace the Task Force for Coordination of Fraud Prevention and take over all its tasks.Article 2Tasks of the Office1. The Office shall exercise the Commission's powers to carry out external administrative investigations for the purpose of strengthening the fight against fraud, corruption and any other illegal activity adversely affecting the Community's financial interests, as well as any other act or activity by operators in breach of Community provisions.The Office shall be responsible for carrying out internal administrative investigations intended:(a) to combat fraud, corruption and any other illegal activity adversely affecting the Community's financial interests,(b) to investigate serious facts linked to the performance of professional activities which may constitute a breach of obligations by officials and servants of the Communities likely to lead to disciplinary and, in appropriate cases, criminal proceedings or an analogous breach of obligations by Members of the institutions and bodies, heads of the bodies or members of staff of the institutions and bodies not subject to the Staff Regulations of Officials of the European Communities and the Conditions of Employment of Other Servants of the Communities.The Office shall exercise the Commission's powers as they are defined in the provisions established in the framework of the Treaties, and subject to the limits and conditions laid down therein.The Office may be entrusted with investigations in other areas by the Commission or by the other institutions or bodies.2. The Office shall be responsible for providing the Commission's support in cooperating with the Member States in the area of the fight against fraud.3. The Office shall be responsible for the activity of developing a concept for the fight against fraud as referred to in paragraph 1.4. The Office shall be responsible for the preparation of legislative and regulatory initiatives of the Commission with the objective of fraud prevention as referred to in paragraph 1.5. The Office shall be responsible for any other operational activity of the Commission in relation to the fight against fraud as referred to in paragraph 1, and in particular:(a) developing the necessary infrastructure;(b) ensuring the collection and analysis of information;(c) giving technical support, in particular in the area of training, to the other institutions or bodies as well as to the competent national authorities.6. The Office shall be in direct contact with the police and judicial authorities.7. The Office shall represent the Commission, at service level, in the forums concerned, in the fields covered by this Article.Article 3Independence of the investigative functionThe Office shall exercise the powers of investigation referred to in Article 2(1) in complete independence. In exercising these powers, the Director of the Office shall neither seek nor take instructions from the Commission, any government or any other institution or body.Article 4Surveillance CommitteeA Surveillance Committee shall be established, the composition and powers of which shall be laid down by the Community legislature. This Committee shall be responsible for the regular monitoring of the discharge by the Office of its investigative function.Article 5Director1. The Office shall be headed by a Director, nominated by the Commission, after consulting in European Parliament and the Council, for a term of five years, which may be renewed once. With a view to nominating the Director, the Commission shall, once a favourable opinion has been given by the Surveillance Committee, draw up a list of several suitably qualified candidates, following a call for applications which shall, if appropriate, be published in the Official Journal of the European Communities.The Director shall be responsible for the carrying out of investigations.2. The Commission shall exercise, with regard to the Director, the powers conferred to the appointing authority. Any measure under Articles 87, 88 and 90 of the Staff Regulations of Officials of the European Communities shall be taken, after consulting the Surveillance Committee, by reasoned decision of the Commission. The decision shall be communicated for information to the European Parliament and the Council.Article 6Operation of the Office1. The Director of the Office shall exercise, with regard to the staff of the Office, the powers conferred by the Staff Regulations of Officials of the European Communities on the appointing authority and by the Conditions of Employment of Other Servants of the Communities on the authority authorised to conclude contracts of employment. He shall be permitted to delegate those powers. In accordance with the Staff Regulations and the Conditions of Employment of Other Servants, he shall lay down the conditions and detailed arrangements for recruitment, in particular as to the length of contracts and their renewal.2. After consulting the Surveillance Committee, the Director shall send the Director-General for Budgets a preliminary draft budget to be entered in the special heading for the Office in the annual general budget.3. The Director shall act as authorising officer for implementation of the special budget heading for part A of the budget, concerning the Office, and the specific anti-fraud headings of part B. He shall be permitted to delegate his powers.4. Commission decisions concerning its internal organisation shall apply to the Office in so far as they are compatible with the provisions concerning the Office adopted by the Community legislator, with this Decision and with the detailed rules implementing it.Article 7Effective dateThis Decision shall take effect on the date of the entry into force of the European Parliament and Council Regulation (EC) concerning investigations carried out by the European Anti-fraud Office. Up to the first day of the month following the appointment of the Director of the Office, the current business of the Office shall be dealt with by the Director of the Task Force for Coordination of Fraud Prevention.Done at Brussels, 28 April 1999.For the CommissionThe PresidentJacques SANTER


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31980D0663

80/663/EEC: Council Decision of 18 June 1980 replacing a deputy member of the Administrative Board of the European Foundation for the Improvement of Living and Working Conditions

Official Journal L 180 , 14/07/1980 P. 0028

++++COUNCIL DECISION  OF 18 JUNE 1980  REPLACING A DEPUTY MEMBER OF THE ADMINISTRATIVE BOARD OF THE EUROPEAN FOUNDATION FOR THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS   ( 80/663/EEC )  THE COUNCIL OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY ,  HAVING REGARD TO COUNCIL REGULATION ( EEC ) NO 1365/75 OF 26 MAY 1975 ON THE CREATION OF A EUROPEAN FOUNDATION FOR THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS ( 1 ) , AND IN PARTICULAR ARTICLE 6 THEREOF ,  HAVING REGARD TO THE COUNCIL DECISION OF 14 MARCH 1980 APPOINTING , FOR THE PERIOD ENDING 16 MARCH 1983 , THE MEMBERS OF THE ADMINISTRATIVE BOARD OF THE EUROPEAN FOUNDATION FOR THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS ( 2 ) ,  WHEREAS THE COUNCIL WAS INFORMED ON 2 JUNE 1980 THAT A SEAT AS DEPUTY MEMBER OF THE ADMINISTRATIVE BOARD OF THE ABOVEMENTIONED FOUNDATION IN THE WORKERS' REPRESENTATIVES CATEGORY HAD BECOME VACANT AS A RESULT OF THE RESIGNATION OF MR MEIS ,  HAVING REGARD TO THE NOMINATION SUBMITTED ON 2 JUNE 1980 ,  HAS DECIDED AS FOLLOWS :  SOLE ARTICLE  MR L . RECH IS HEREBY APPOINTED A DEPUTY MEMBER OF THE ADMINISTRATIVE BOARD OF THE EUROPEAN FOUNDATION FOR THE IMPROVEMENT OF LIVING AND WORKING CONDITIONS IN PLACE OF MR MEIS FOR THE REMAINDER OF THE LATTER'S TERM OF OFFICE , WHICH RUNS UNTIL 16 MARCH 1983 .  DONE AT LUXEMBOURG , 18 JUNE 1980 .  FOR THE COUNCIL  THE PRESIDENT  C . FRACANZANI  ( 1 ) OJ NO L 139 , 30 . 5 . 1975 , P . 1 .  ( 2 ) OJ NO L 78 , 25 . 3 . 1980 , P . 17 .


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32001D0163

Decision No 163/2001/EC of the European Parliament and of the Council of 19 January 2001 on the implementation of a training programme for professionals in the European audiovisual programme industry (MEDIA-Training) (2001-2005)

Official Journal L 026 , 27/01/2001 P. 0001 - 0009

Decision No 163/2001/EC of the European Parliament and of the Councilof 19 January 2001on the implementation of a training programme for professionals in the European audiovisual programme industry (MEDIA-Training) (2001-2005)THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 150(4) thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Having regard to the opinion of the Committee of the Regions(3),Acting in accordance with the procedure laid down in Article 251 of the Treaty(4),Whereas:(1) From 6 to 8 April 1998, the Commission, in cooperation with the Presidency-in-office, held a European audiovisual conference on "Challenges and opportunities of the digital age" in Birmingham. This consultation process highlighted the need for an improved programme of training in the audiovisual sector which concentrated on all the new aspects of the digital age. The Council of 28 May 1998 took note of the final conclusions of the said conference and called for new schemes to be developed to encourage a strong and competitive programme industry.(2) The Report of the High-Level Group on Audiovisual Policy of 26 October 1998, entitled "The Digital Age: European Audiovisual Policy", concluded that, in this environment, both initial and continuous training in the audiovisual sector should be strengthened.(3) The challenges of production, distribution and availability of European audiovisual content were the main topics discussed at the Forum on Audiovisual Policy entitled "European content for the digital millennium" organised in Helsinki on 10 and 11 September 1999 by the Presidency-in-office in cooperation with the Commission.(4) The seminar "Training for the new millennium" held by the Presidency-in-office in cooperation with the Commission in Oporto on 10 and 11 April 2000 stressed in its conclusions that efforts in training are required to facilitate the growth and desirable internationalisation of the European audiovisual industry.(5) In the Communication from the Commission to the European Parliament and the Council entitled "Audiovisual policy: next steps", the Commission recognises the considerable impact on employment which the digital age will have in the audiovisual industry.(6) The Green Paper on "The Convergence of the Telecommunications, Media and Information Technology Sectors, and the Implications for Regulation" recognises that the emergence of new services will lead to the creation of new jobs. Adapting to the new markets requires staff trained in the use of new technologies. The Commission's public consultation on the Green Paper confirmed the demand for specialised vocational training adapted to the needs of the market.(7) In its Conclusions of 27 September 1999 on the results of the public consultation on the Green Paper(5), the Council called upon the Commission to take account of those results when drawing up proposals for measures to strengthen the European audiovisual sector, including the multimedia sector.(8) The European Council held in Luxembourg on 20 and 21 November 1997 recognised that continuous education and vocational training can make a major contribution to the employment policies of the Member States with a view to improving suitability for employment, adaptability and the spirit of enterprise, and promoting equality of opportunities.(9) The European Council meeting held in Lisbon on 24 March 2000 also emphasised the importance of appropriate training, particularly in new technologies used by the information society.(10) In its report to the European Council on job opportunities in the information society, the Commission noted that the new audiovisual services offered a strong potential for job creation.(11) It is therefore appropriate to facilitate the development of investment in the European audiovisual industry and call on the Member States to encourage the creation of new jobs by various means.(12) The Commission implemented an "Action programme to promote the development of the European audiovisual industry (MEDIA) (1991-1995)", adopted by Council Decision 90/685/EEC(6) and comprising, in particular, support for training activities to improve the professional skills of persons working in the European audiovisual programme industry.(13) The Community strategy for developing and strengthening the European audiovisual industry was confirmed under the MEDIA II programme adopted by Council Decision 95/563/EC(7), and by Council Decision 95/564/EC(8). On the basis of the achievements of the abovementioned MEDIA II programme, its continuation should be ensured in the light of the results obtained.(14) In its report on the results obtained under the MEDIA II (1996-2000) programme, from 1 January 1996 to 30 June 1998, the Commission considers that the programme meets the principle of the subsidiarity of Community funds to national funds, since the field of intervention of MEDIA II supplements the traditionally predominant role of the national schemes.(15) The Commission recognised the positive impact of the MEDIA II programme on employment in the audiovisual industry in its Communication on Community Policies in Support of Employment.(16) As it is necessary to take cultural aspects of the audiovisual sector into account as indicated in Article 151(4) of the Treaty, it should be ensured that participation in this programme reflects European cultural diversity.(17) With a view to encouraging European audiovisual projects, the Commission will examine the possibility of complementary funding from other Community instruments in particular under the "e-Europe" Action plan, such as those covered by the European Investment Bank (EIB), the European Investment Fund (EIF) as well as the Fifth Framework Programme of the European Community for research, technological development and demonstration activities adopted by Decision No 182/1999/EC of the European Parliament and of the Council(9). Professionals in the audiovisual sector will be informed about the different types of funding available at Community level.(18) The emergence of a European audiovisual market calls for professional skills adjusted to the new dimension of the market, particularly in the field of the economic, financial and commercial management of audiovisual projects and in the use of new technologies in the design, development, production, distribution, marketing and broadcasting of programmes.(19) Professionals should be given the professional skills to allow them to benefit fully from the European and international dimension of the market for audiovisual programmes, and they must be encouraged to develop projects which meet the needs of that market.(20) Particular emphasis should be given to specialised training in intellectual property rights including the relevant Community rules, as well as to specialised training in the marketing of audiovisual products focusing in particular on new technologies as dissemination and marketing vehicles.(21) Equal opportunities are a basic principle in Community policies which must be taken into account in the implementation of this programme.(22) Training for professionals should comprise the essential economic, legal, technological and business content; rapid changes in these subjects make lifelong learning necessary.(23) In order to ensure that professionals master new technologies, special emphasis should be given to training in the use of these technologies, and thereby increasing competitiveness of enterprises in the audiovisual sector.(24) In accordance with the principle of subsidiarity, the networking of vocational training centres should be encouraged in order to facilitate the exchange of know-how and best practice in an international environment.(25) Support for vocational training should take account of structural objectives, such as developing the potential for creation, production, marketing and distribution in countries or regions with: a low audiovisual production capacity; and/or a restricted linguistic or geographical area; as well as the development of an independent European production and distribution sector, in particular small and medium-sized enterprises.(26) In accordance with the principles of subsidiarity and proportionality and in view of the fact that the objectives of the proposed measures concerning the implementation of vocational training policy cannot be achieved by the Member States, in particular in view of the transnational partnerships to be established between the training centres, the measures necessary to achieve them should be implemented by the Community. This Decision does not go beyond what is needed to achieve these objectives.(27) The measures proposed under this programme are all aimed at achieving transnational cooperation which brings an added value to the measures being taken in the Member States, in accordance with the aforementioned principle of subsidiarity.(28) The associated countries of Central and Eastern Europe, those EFTA countries which are members of the EEA, Cyprus, Malta and Turkey are recognised as potential participants in Community programmes on the basis of supplementary appropriations and in accordance with the procedures to be agreed with those countries. Those countries of Europe which have signed the Council of Europe Convention on Transfrontier Television belong to the European audiovisual area and may therefore, if they wish, and taking into account budgetary considerations or other priorities of their audiovisual industries, participate in the programme or benefit under a limited cooperation scheme, on the basis of the supplementary appropriations, in accordance with the procedures to be established in the agreements between the interested parties.(29) The opening-up of the programme to European third countries should be subject to a prior examination as to the compatibility of their national legislation with the Community acquis in particular Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities(10).(30) Cooperation in the field of vocational training on the part of the European training establishments and those in third countries, on the basis of common interests, is likely to create an added value for the European audiovisual industry. Moreover, opening up to third countries will raise awareness of European cultural diversity and will lead to the dissemination of common democratic values. Such cooperation will be developed on the basis of supplementary appropriations and in accordance with the procedures to be established in the agreements between the interested parties.(31) In order to enhance the added value of the Community action, it is necessary to ensure, at all levels, that the measures taken under this Decision are consistent with and complementary to other Community action. It is desirable to coordinate the activities laid down by the programme with those undertaken by international organisations such as the Council of Europe.(32) In accordance with the conclusions of the Lisbon European Council, the Council and Commission are to report by the end of 2000 on the review of the EIB and EIF financial instruments which was undertaken in order to redirect funding towards business start-ups, high-tech firms and micro-enterprises, as well as other risk capital or guarantee mechanism initiatives proposed by the EIB and EIF. In this connection, particular attention should be paid to the audiovisual sector, including training programmes.(33) This Decision lays down, for the entire duration of the programme, a financial framework constituting the prime reference, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and Commission(11), for the budgetary authority during the annual budgetary procedure.(34) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(12),HAVE DECIDED AS FOLLOWS:Article 1Establishment of the programmeA vocational training programme, MEDIA-Training, hereinafter referred to as "the programme", is hereby established for the period from 1 January 2001 to 31 December 2005.The programme is intended to give professionals in the European audiovisual programme industry, mainly through continuous vocational training, the necessary skills to allow them to take full advantage of the European and international dimension of the market and of the use of new technologies.Article 2Objectives of the programme1. The objectives of the programme are as follows:(a) To meet the industry's needs and promote competitiveness by improving the continuous vocational training of professionals in the audiovisual sector, with a view to giving them the know-how and skills needed to create competitive products on the European and other markets, in particular in the field of:- application of new technologies, and in particular digital technologies, for the production and distribution of audiovisual programmes with a high commercial and artistic added value;- economic, financial and commercial management, including the legal framework and the techniques for the financing, production and distribution of audiovisual programmes;- script-writing techniques and storytelling including techniques for the development of new audiovisual programme types.Particular attention will be paid to the opportunities for distance learning and pedagogic innovation offered by the development of on-line technologies.For these training activities, cooperation between various players in the audiovisual industry, such as script-writers, directors and producers, will be encouraged.As an exception, certain initial vocational training measures in which the industrial sector is directly involved, such as master's degrees, may also be supported if no other Community support is available and in fields for which there are no support measures at national level.(b) To encourage cooperation and the exchange of know-how and best practice through networking between the partners responsible for training, namely training establishments, the professional sector and undertakings, as well as through developing training for the trainers.Particular importance will be attached to encouraging the gradual establishment of networks in the audiovisual training sector and in continuous training for the trainers.2. To achieve the objectives set out in the first subparagraph of paragraph 1(a) and in paragraph 1(b), particular attention shall be devoted to the specific needs of countries or regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area, as well as to the development of an independent European production and distribution sector, in particular small and medium-sized enterprises.3. The objectives set out in paragraph 1 shall be realised in accordance with the arrangements contained in the Annex.Article 3CoordinationIn order to achieve maximum coordination, the Commission shall ensure that there is cooperation between the training activities referred to in the programme and the development projects supported under the MEDIA Plus programme established under Council Decision 2000/821/EC(13).Article 4Financial provisions and funding conditions1. The beneficiaries of Community support taking part in implementing the actions set out in the Annex shall provide a substantial proportion of the funding. Community funding shall not exceed 50 % of the cost of operations. However, in the cases expressly provided for in the Annex, this proportion may be as much as 60 % of the cost of operations.2. The beneficiaries of Community support shall ensure that in principle a majority of the participants in a training measure, nationals of States participating in the programme, are of a nationality other than that of the beneficiary's country. To that end, support to facilitate participation by professionals from different linguistic areas may be included in Community funding for the training measure.3. The Commission shall ensure that, as far as possible, an appropriate proportion of the funding annually available, to be determined in accordance with the procedure laid down in Article 6(2), is reserved for new activities.4. Community funding shall be determined according to the costs and nature of each project planned.5. The financial framework for the implementation of this programme for the period referred to in Article 1 is hereby set at EUR 50 million.6. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.Article 5Implementation of the programme1. The Commission shall be responsible for the implementation of the programme.2. The measures necessary for the implementation of this Decision concerning the matters referred to below shall be adopted in accordance with the management procedure referred to in Article 6(2):(a) general guidelines for all the measures described in the Annex;(b) the content of the calls for proposals, the definition of the criteria and the procedures for the selection of projects;(c) the appropriate percentage of the funds available each year reserved for new activities;(d) the arrangements for following up and assessing actions;(e) any proposal for a Community allocation exceeding EUR 200000 per beneficiary and per year. This threshold may be reviewed in the light of experience.3. The measures necessary for the implementation of this Decision concerning all the other matters shall be adopted in accordance with the advisory procedure referred to in Article 6(3). This procedure shall also apply to the final choice of technical assistance offices.4. Technical assistance shall be governed by the provisions adopted pursuant to the Financial Regulation.5. The Commission shall give the European Parliament and the Council regular and timely notice of the implementation of the programme, in particular the use of the available resources.Article 6Committee1. The Commission shall be assisted by a Committee.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to Article 8 thereof.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to Article 8 thereof.4. The Committee shall adopt its rules of procedure.Article 7Consistency and complementarityIn the implementation of the programme, the Commission shall, in close cooperation with the Member States, ensure general consistency and complementarity with other relevant Community policies, programmes and actions that impinge upon the training and audiovisual fields.The Commission shall also ensure coordination between the programme and other Community programmes in the field of initial and continuous training, and with the operation of the European Social Fund, in accordance with the rules of the Fund.The Commission shall ensure effective liaison between this programme and programmes and actions in the training and audiovisual fields being carried out in the framework of Community cooperation with non-member countries and the relevant international organisations.Article 8Opening-up of the programme to third countries1. The programme shall be open to the participation of the associated countries of Central and Eastern Europe, in accordance with the conditions laid down in the association agreements or their additional protocols relating to participation in Community programmes concluded or to be concluded with those countries.2. The programme shall be open to the participation of Cyprus, Malta, Turkey and those EFTA countries which are members of the EEA Agreement, on the basis of supplementary appropriations, in accordance with the procedures to be agreed with those countries.3. The programme shall be open to the participation of the countries which are Parties to the Council of Europe Convention on Transfrontier Television, other than those referred to in paragraphs 1 and 2, on the basis of supplementary appropriations, in accordance with the conditions to be established in the agreements between the interested parties.4. The opening-up of the programme to the European third countries referred to in paragraphs 1, 2 and 3 is subject to a prior examination as to the compatibility of their national legislation with the Community acquis, including the second subparagraph of Article 6(1) of Council Directive 89/552/EEC.5. The programme shall also be open to cooperation with other third countries on the basis of supplementary appropriations and cost sharing under agreed procedures to be established in the agreements between the interested parties. The European third countries referred to in paragraph 3 which do not wish to participate fully in the programme may be eligible for cooperation under the conditions set out in this paragraph.Article 9Monitoring and evaluation1. The Commission shall ensure that measures taken under this Decision are subject to prior appraisal, and to subsequent monitoring and evaluation, taking care to ensure the accessibility of the programme and its transparency.2. The beneficiaries selected shall submit an annual report to the Commission.3. After completion of the projects, the Commission shall evaluate the manner in which they have been carried out and the impact of their implementation, in order to assess whether the original objectives have been achieved.4. The Commission shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions an evaluation report on the impact and effectiveness of the programme, on the basis of the results after two years of implementation. This report shall include performance indicators such as impact on employment.This report shall be accompanied, if need be, by any proposal regarding adjustment.5. On completion of the programme, the Commission shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions a detailed report on the implementation and results of the programme.The Commission's report shall, in particular, give an account of the added value created by the Community's financial support, its possible impact on employment, and the coordinating measures referred to in Articles 3 and 7.Article 10Entry into forceThis Decision shall enter into force on 1 January 2001.Done at Brussels, 19 January 2001.For the European ParliamentThe PresidentN. FontaineFor the CouncilThe PresidentB. Ringholm(1) OJ C 150, 30.5.2000, p. 59.(2) OJ C 168, 16.6.2000, p. 8.(3) OJ C 317, 6.11.2000, p. 60.(4) Opinion of the European Parliament of 6 July 2000 (not yet published in the Official Journal), Council Common Position of 23 November 2000 (OJ C 375, 28.12.2000, p. 44) and Decision of the European Parliament of 13 December 2000.(5) OJ C 283, 6.10.1999, p. 1.(6) OJ L 380, 31.12.1990, p. 37.(7) OJ L 321, 30.12.1995, p. 25.(8) OJ L 321, 30.12.1995, p. 33.(9) OJ L 26, 1.2.1999, p. 1.(10) OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.7.1997, p. 60).(11) OJ C 172, 18.6.1999, p. 1.(12) OJ L 184, 17.7.1999, p. 23.(13) Council Decision 2000/821/EC of 20 December 2000 on the implementation of a programme to encourage the development, distribution and promotion of European audiovisual works (MEDIA Plus - Development, Distribution and Promotion) (2001-2005) (OJ L 336, 30.12.2000, p. 82).ANNEX1. MEASURES TO BE IMPLEMENTEDIn support of and in addition to the measures being undertaken by the Member States, the programme aims to permit professionals to adapt to the dimension of the market, and in particular the European market, for audiovisual works, by promoting vocational training in:- new technologies including the conservation and enhancement of the European film and audiovisual heritage;- economic, financial and commercial management, including the legal framework, distribution and marketing;- script-writing techniques and the development of new programme types.Training activities will take account of the legal framework in the area of intellectual property rights, in particular the relevant Community rules.Professionals from the audiovisual industry and from radio will have access to the relevant training activities.The programme will encourage cooperation on the proposed measures between the various players in the audiovisual industry, such as script-writers, directors and producers, with a view to improving the quality and commercial potential of projects by means of closer cooperation between the various groups of professionals.1.1. Training in new technologiesThis training aims to develop the ability of professionals to use advanced creation and dissemination techniques, in particular in the fields of animation, computer graphics, multimedia and interactive applications including post-production techniques facilitating the transnational movement of European works.The measures proposed are as follows:- promoting the development and updating of the modules for training in the new audiovisual technologies, in parallel to the measures being taken by the Member States;- networking the training courses, promoting exchanges of trainers and professionals by awarding grants, organising work experience in undertakings in other Member States, and contributing to the training of trainers, through distance learning, and by promoting exchanges and partnerships involving countries and regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area.1.2. Training in economic, financial and commercial managementThis training aims to develop the ability of professionals to appreciate and use the European dimension in the development, production, marketing and distribution/dissemination of audiovisual programmes.The measures proposed are as follows:- promoting the development and updating of the modules for training in management, in parallel to the measures being taken by the Member States and emphasising the European dimension;- networking the training courses, promoting exchanges of trainers and professionals by awarding grants, organising work experience in undertakings in other Member States, contributing to the training of trainers, through distance learning, and by promoting exchanges and partnerships involving countries and regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area.1.3. Script-writing techniquesThis training is aimed at experienced script writers and directors in order to improve their ability to develop techniques based on both conventional and interactive script-writing and storytelling methods for all types of audiovisual programmes.The measures will be as follows:- promoting the development and updating of the training modules for identifying target audiences; publication and development of scripts for an international audience aimed at quality productions; relations between the script-writer, the director, the producer and the distributor;- networking the training courses, promoting exchanges of trainers and professionals by awarding grants, organising work experience in undertakings in other Member States, contributing to the training of trainers, through distance learning, and by promoting exchanges and partnerships involving countries and regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area.1.4. Networks of training coursesThe objective is to encourage recipients of support under the programme to step up coordination of their activities in continuous training in order to establish European networks.1.5. Initial vocational training activitiesAs an exception support may be provided for activities in some fields of initial vocational training where no other Community or national funding is on offer, including master's degrees in which there is a link with industry in the form of a partnership and/or work experience.2. IMPLEMENTATION PROCEDURE2.1. ApproachIn implementing the programme, the Commission, assisted by the Committee provided for in Article 6, will work closely with the Member States. It will also consult the partners concerned. It will ensure that the participation of professionals reflects adequately Europe's cultural diversity.It will encourage designers of training modules to cooperate with establishments, the professional sector and undertakings in their work and in their follow-up.The Commission will ensure that the designers of training modules take all steps with a view to respecting the principle set out in Article 4(2), and, if specific reasons justify departing from this principle, that Community added value is ensured.It will ensure that establishments provide linguistic facilities, in particular in the area of script-writing techniques.It will facilitate the participation of trainees, particularly from countries and regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area.2.2. Community contributionCommunity cofinancing of the total training costs will be provided within a framework of joint funding with public and/or private partners, generally up to a limit of 50 %. This percentage may be raised to 60 % for training activities in countries or regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area.As a general rule, Community financial assistance granted for projects under the programme may cover a maximum period of three years, subject to a periodic review of progress achieved.The procedure set out in Article 6(2) will be applied to determine the allocation of funding for each type of measure provided for under point 1.In accordance with the rules for Community funding, and pursuant to the procedure set out in Article 6(2), the Commission will lay down a set of rules for funding in order to determine the ceiling for each continuous training activity and professional trained.Designers of modules and training establishments will be selected by calls for proposals.As far as possible, the Commission will ensure that an appropriate percentage of the funds available each year is allocated to new activities.2.3. Implementation2.3.1. The Commission, in accordance with the procedure laid down in Article 6, will implement the programme. It will call upon consultants and technical assistance offices to be selected, after a call for proposals, on the basis of their expertise in the sector, experience acquired in the MEDIA II programme, or other experience acquired in this area. The technical assistance will be financed by the programme's budget. In accordance with the procedure referred to in Article 6(2), the Commission may also conclude partnerships for operations with specialised bodies, including those which have been set up under other European initiatives, such as Audiovisual Eureka, Eurimages and the European Audiovisual Observatory, in order to implement joint measures which meet the objectives of the programme in the field of training. The Commission will make the final selection of the beneficiaries of the programme and will decide on the financial support to be granted, in accordance with Article 5.It will give grounds for its decisions to applicants for Community support and ensure the transparency of implementation of the programme.The beneficiaries will take steps to publicise the Community's support.In selecting supported activities, the Commission will, in addition to the priorities set out in Article 2(2), take particular account of the following criteria:- partnership between training establishments, the professional sector and undertakings;- the innovatory nature of the measure;- the multiplier effect of the measure (including utilisable results, e.g. manuals);- the cost-effectiveness of the measure;- availability of other national or Community support measures.For the implementation of the programme, and in particular the assessment of the projects receiving funding under the programme, and for the networking measures, the Commission will ensure that it makes use of the skills of recognised experts in the audiovisual sector in the fields of training, development, production, distribution, promotion and also management of rights, especially in the new digital environment.In order to ensure the independence of the consultants and experts whose services it uses, the Commission will lay down incompatibility provisions in respect of the participation of these groups of persons in the invitations to submit proposals under the programme.2.3.2. Through appropriate measures, the Commission will make known the opportunities offered by the programme and ensure its promotion. The Commission will also provide via the Internet comprehensive information concerning all support arrangements available under the European Community's policies which are of relevance to the audiovisual sector.In particular, the Commission and the Member States will take the necessary measures, by continuing the activities of the network of MEDIA Desks and Antennae, and by ensuring that the professional skills of the latter are strengthened, in order to:- inform professionals in the audiovisual sector of all support arrangements available to them under European Community policies;- ensure that the programme is publicised and promoted;- encourage the greatest possible participation of professionals in the measures under the programme;- assist professionals in presenting their projects in response to calls for proposals;- foster transfrontier cooperation between professionals;- act as a relay with the various support bodies in the Member States with a view to ensuring that the measures under this programme are complementary to the national support measures.