title: 2012/554/EU: Decision of the European Parliament of 10 May 2012 on the discharge for implementation of the European Union general budget for the financial year 2010, Section IV — Court of Justice

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/100

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on the discharge for implementation of the European Union general budget for the financial year 2010, Section IV — Court of Justice
   (2012/554/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2010 (1),

               —

               having regard to the annual accounts of the European Union for the financial year 2010 (COM(2011) 473 – C7-0259/2011) (2),

               —

               having regard to the Court of Justice’s annual report to the discharge authority on internal audits carried out in 2010,

               —

               having regard to the Annual Report of the Court of Auditors on the implementation of the budget for the financial year 2010, together with the institutions’ replies (3),

               —

               having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the 2010 financial year pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to Article 314(10) and Articles 317, 318 and 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 (5), and in particular Articles 50, 86, 145, 146 and 147 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 (A7-0088/2012),

               1.

               Grants the Registrar of the Court of Justice discharge for implementation of its budget for the financial year 2010;

               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 Council, the Commission, the Court of Justice, the Court of Auditors, the European Ombudsman and the European Data Protection Supervisor, 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 L 64, 12.3.2010.

      (2)  OJ C 332, 14.11.2011, p. 1.

      (3)  OJ C 326, 10.11.2011, p. 1.

      (4)  OJ C 332, 14.11.2011, p. 134.

      (5)  OJ L 248, 16.9.2002, p. 1.
    ---documentbreak---

               17.10.2012

               EN

               Official Journal of the European Union

               L 286/101

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   with observations forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2010, Section IV — Court of Justice
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2010 (1),

               —

               having regard to the annual accounts of the European Union for the financial year 2010 (COM(2011) 473 – C7-0259/2011) (2),

               —

               having regard to the Court of Justice’s annual report to the discharge authority on internal audits carried out in 2010,

               —

               having regard to the Annual Report of the Court of Auditors on implementation of the budget for the financial year 2010, together with the institutions’ replies (3),

               —

               having regard to the statement of assurance (4) as to the reliability of the accounts and the legality and regularity of the underlying transactions provided by the Court of Auditors for the 2010 financial year pursuant to Article 287 of the Treaty on the Functioning of the European Union,

               —

               having regard to Articles 314(10), 317, 318 and 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 (5), and in particular Articles 50, 86, 145, 146 and 147 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 (A7-0088/2012),

               1.

               Stresses that in paragraph 7.23 of its 2010 Annual Report the Court of Auditors stated that, ‘The Court has no observation to make on the Court of Justice’;

               2.

               Welcomes the fact that, based on its audit work, the Court concluded that the payments as a whole for the year ended 31 December 2010 for administrative and other expenditure of the Institutions and bodies were free from material error; the most likely error rate for administrative expenditure as a whole is assessed by the Court as 0,4 % (paragraphs 7.9 and 7.10);

               3.

               Notes that in 2010, the Court of Justice had commitment appropriations amounting to EUR 331 000 000 (EUR 318 000 000 in 2009), and that the implementation rate for those appropriations was 97,9 % (98,5 % in 2009); stresses that the budget of the Court of Justice is purely administrative, with 75 % spent on people working with the institution and 25 % on buildings, furniture, equipment and miscellaneous operating expenditure;

               4.

               Points out that an in-depth assessment of supervisory and control systems was conducted in the Court of Justice in 2009; emphasises that the Court of Auditors found the supervisory and control systems in place to be functioning effectively with regard to the detection of potential errors and exceptions;

               5.

               Points out also that the Court of Auditors found in 2009 that the Court of Justice had failed to anticipate the expiry of a framework contract; takes note of the explanations given by the Court of Justice in its Annual Activity Report for 2010 (6) concerning the legality of the procedure used; notes that the reinforced management of data on contracts in the SAP integrated management system (budgetary and financial management tool) should prevent the occurrence of such situations in future;

               6.

               Notes with satisfaction that the Directorate for Interpretation acted on the recommendations of the internal auditor concerning management of interpretation and of the expenditure relating to external interpreters, and that a further check is to be conducted on the proper functioning of those services;

               7.

               Notes that the Directorate-General for Infrastructure drew up an action plan in 2009 in response to the main recommendations of the internal auditor concerning the management and conservation of works of art; wishes to be informed, in the annual activity report for 2011, of the progress made;

               8.

               Takes note that the relevant service performed two internal audits on treasury management, bank accounts, implementation of payments and on daily allowances; wishes to be informed, in the annual activity report, of the action taken in response to the recommendations made;

               9.

               Welcomes the fact that development of the ‘e-Curia’ application, enabling procedural documents to be lodged and served electronically, entered a test phase in 2010 with two Member States; e-Curia should in due course make it possible to do away with a large proportion of correspondence, digitise documents coming in and going out, and optimise internal work flows;

               10.

               Notes with satisfaction that the Court of Justice looked into the issue of interpretation in its annual activity report for the financial year 2010, as requested by Parliament in its resolution of 10 May 2011 (7) on the discharge for the 2009 financial year (paragraph 14); notes the significant increase in the number of sessions (+ 27 %), which was mainly attributable to enlargement and to the entry into force of the Treaty of Lisbon:

                  Number of sessions
                   (8)

                           with interpretation:

                           2004

                           2005

                           2006

                           2007

                           2008

                           2009

                           2010

                           hearings

                           350

                           411

                           366

                           369

                           517

                           454

                           520

                           other meetings

                           63

                           51

                           78

                           54

                           30

                           37

                           102

                           total sessions

                           413

                           462

                           444

                           423

                           547

                           491

                           622

               11.

               Emphasises the importance of interinstitutional cooperation in regard to the management and recruitment of interpreters;

               12.

               Notes with satisfaction that the Court of Justice submitted to the budgetary authorities, in April 2011, an updated property investment plan for 2011-2013 based on two guiding principles: firstly, to house all the Court of Justice’s services on a single site and, secondly, for it to acquire ownership of the buildings; notes that construction costs are estimated to be around EUR 355 300 000, of which an amount of EUR 40 000 000 was still to be consolidated at the end of 2010;

               13.

               Expresses its satisfaction that the statistics concerning the Court of Justice’s activity in 2010 show, overall, sustained productivity and a very significant improvement in efficiency as regards the duration of proceedings: 16,1 months for references for a preliminary ruling; 16,7 months for direct actions (as opposed to 17,1 months in 2009) and 14,3 months for appeals (as opposed to 15,4 months in 2009);

               14.

               Hopes to see the length of duration of proceedings continuing to fall; believes that internal reorganisation and redeployment of specialised personnel into their respective areas of expertise could be beneficial for this purpose;

               15.

               Expresses its concern that, although the number of new cases (631 in 2010) brought before the Court of Justice increased considerably, there was no major change in the number of cases completed; notes also that the number of cases pending before the Court of Justice rose to 799 in the year concerned, even when the average duration of proceedings was at its lowest ever level of 16,1 months:

                  General Activity of the Court of Justice
                   (9)

                           2006

                           2007

                           2008

                           2009

                           2010

                           New cases

                           537

                           581

                           593

                           562

                           631

                           Completed cases

                           546

                           570

                           567

                           588

                           574

                           Pending cases

                           731

                           742

                           768

                           742

                           799

               16.

               Notes with concern the large increase in the number of new cases (636 in 2010) brought before the General Court; notes that the number of cases completed dropped slightly; however, the number of cases pending before the General Court had risen to 1 300, despite a decrease in the average duration of proceedings (27,2 months in 2009 but 24,7 months in 2010);

                  General activity of the General Court
                   (10)

                           2006

                           2007

                           2008

                           2009

                           2010

                           New cases

                           432

                           522

                           629

                           568

                           636

                           Completed cases

                           436

                           397

                           605

                           555

                           527

                           Pending cases

                           1 029

                           1 154

                           1 178

                           1 191

                           1 300

               17.

               Supports, therefore, the initiative taken by the Court of Justice which, in late March 2011, submitted to the two branches of the legislative authority a proposal for the reform of its Statute (which provides, inter alia, for the creation of 12 additional posts for judges at the General Court); considers that this initiative should be implemented in the most cost-efficient way possible; hopes that these structural measures can be approved in early 2012, with a view to their implementation as early as possible that year;

               18.

               Hopes that the next annual activity report will also provide a comprehensive table of all the human resources that the Court of Justice has at its disposal, broken down by category, grade, gender, participation in professional training and nationality; however, is already pleased at the exhaustiveness of the information provided by the Court of Justice in its annual activity report concerning staff management and at its response to the Parliament’s additional questions on this subject-matter; requests that such information should henceforth be automatically included in the Court’s report and that the Court should also communicate the results of the use by its staff of teleworking and flexitime arrangements.

      (1)  OJ L 64, 12.3.2010.

      (2)  OJ C 332, 14.11.2011, p. 1.

      (3)  OJ C 326, 10.11.2011, p. 1.

      (4)  OJ C 332, 14.11.2011, p. 134.

      (5)  OJ L 248, 16.9.2002, p. 1.

      (6)  Annual Activity Report for the Financial Year 2010, p. 91.

      (7)  OJ L 250, 27.9.2011, p. 90.

      (8)  Annual Activity Report for the Financial Year 2010, p. 54.

      (9)  Annual Activity Report for the Financial Year 2010, p. 6.

      (10)  Annual Activity Report for the Financial Year 2010, p. 8.


Avis juridique important

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31994D0308

94/308/CFSP: Council Decision of 16 May 1994 adapting and extending the application of Decision 93/603/CFSP concerning the joint action decided on by the Council on the basis of Article J.3 of the Treaty on European Union on support for the convoying of humanitarian aid in Bosnia and Herzegovina

Official Journal L 134 , 30/05/1994 P. 0001 - 0001 Finnish special edition: Chapter 11 Volume 37 P. 0075  Swedish special edition: Chapter 11 Volume 37 P. 0075

COUNCIL DECISION of 16 May 1994 adapting and extending the application of Decision 93/603/CFSP concerning the joint action decided on by the Council on the basis of Article J.3 of the Treaty on European Union on support for the convoying of  humanitarian aid in Bosnia and Herzegovina (94/308/CFSP)THE COUNCIL OF THE EUROPEAN UNION,  Having regard to the Treaty on European Union, and in particular Articles J.3 (3) and J.11 thereof,  Having regard to Council Decision 93/603/CFSP of 8 November 1993 concerning the joint action decided on by the Council on the basis of Article J.3 of the Treaty on European Union on support for the convoying of humanitarian aid in Bosnia and Herzegovina  (1),  Having regard to Council Decision 93/729/CFSP of 20 December 1993 supplementing that joint action (2),  Having regard to Decision 94/158/CFSP of 7 March 1994 extending the application of Decision 93/603/CFSP (3),  HAS DECIDED AS FOLLOWS:  1. In view of developments in the situation in Bosnia and Herzegovina the joint action provided for in the above Decisions is hereby adapted so that up to ECU 32 million of the budget of ECU 48,3 million set by Decision 93/729/CFSP may also be used to  provide initial support for the administration of the town of Mostar by the European Union.  2. The administration of this support action and in particular of the financial resources available for that purpose within the limits laid down shall be carried out as follows.  The administrator shall assess the requirements and the means necessary for their financing and shall communicate those particulars to the Presidency.  On the basis of those particulars the Presidency, assisted by an advisory working party composed of representatives of the Member States and in association with the Commission, shall issue guidelines, determine what measures are needed to meet those  requirements and decide to release the amounts necessary to finance them one tranche at a time.  The administrator shall carry out those measures and report regularly to the Presidency, which shall inform the Working Party.  3. The Member States' shares of the ECU 24,15 million to be contributed by them in accordance with this Decision, ECU 17 million of which shall be allocated to the administration of Mostar, shall be determined by means of the GNP scale.  The Member States' contributions shall be paid into an account opened in the administrator's name.  The Court of Auditors is invited to audit the administrator's accounts.  4. The application of Decision 93/603/CFSP thus adapted and extended shall be continued until 31 December 1994.  5. This Decision shall enter into force today.  6. This Decision shall be published in the Official Journal.  Done at Brussels, 16 May 1994.  For the Council The President Th. PANGALOS  (1) OJ No L 286, 20. 11. 1993, p. 1.(2) OJ No L 339, 31. 12. 1993, p. 3.(3) OJ No L 70, 12. 3. 1994, p. 1.


Avis juridique important

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31975D0320

75/320/EEC: Council Decision of 20 May 1975 setting up a pharmaceutical committee

Official Journal L 147 , 09/06/1975 P. 0023 - 0023 Finnish special edition: Chapter 13 Volume 4 P. 0108  Spanish special edition: Chapter 13 Volume 4 P. 0102  Swedish special edition: Chapter 13 Volume 4 P. 0108  Portuguese special edition Chapter 13 Volume 4 P. 0102

COUNCIL DECISION  of 20 May 1975  setting up a pharmaceutical committee  (75/320/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community;  Having regard to the proposal from the Commission;  Whereas the implementation of the measures adopted by the Council as regards the approximation of the laws relating to proprietary medicinal products for human use may raise problems which should be jointly examined;  Whereas, to this end, a Committee should be set up, chaired by a representative of the Commission and composed of representatives of the Member States from those States' administrations,  HAS DECIDED AS FOLLOWS:    Article 1 A Committee called the "Pharmaceutical Committee" shall be set up and attached to the Commission.   Article 2 Without prejudice to the tasks of the Committee for Proprietary Medicinal Products referred to in Article 8 of the Second Council Directive 75/319/EEC (1) of 20 May 1975 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products, the task of this Committee shall be to examine:    - any question relating to the application of Directives on proprietary medicinal products which are brought up by its Chairman - either on his initiative or at the request of the representative of a Member State;       - any other question in the field of proprietary medicinal products brought up by its Chairman - either on his initiative or at the request of the representative of a Member State.         The Commission shall consult the Committee when preparing proposals for Directives in the field of proprietary medicinal products, and in particular when it considers any amendments to Council Directive 65/65/EEC (2) of 26 January 1965 on the approximation of provisions laid down by law, regulation or administrative action relating to proprietary medicinal products which it might have occasion to propose.   Article 3 1. The Committee shall consist of senior experts in public health matters from the Member States' administrations and each Member State shall have one representative.  2. There shall be one deputy for each representative. This deputy shall be entitled to participate in meetings of the Committee.  3. A representative of the Commission shall chair the Committee.   Article 4 The Committee shall adopt its rules of procedure.     Done at Brussels, 20 May 1975.  For the Council  The President  R. RYAN  (1)See page 13 of this Official Journal. (2)OJ No 22, 9.2.1965, p. 369/65.


title: Decision (EU) 2017/1359 of the European Central Bank of 18 May 2017 amending Decision (EU) 2016/948 on the implementation of the corporate sector purchase programme (ECB/2017/13)

text:
                  21.7.2017

                  EN

                  Official Journal of the European Union

                  L 190/20

            DECISION (EU) 2017/1359 OF THE EUROPEAN CENTRAL BANK
      of 18 May 2017
      amending Decision (EU) 2016/948 on the implementation of the corporate sector purchase programme (ECB/2017/13)
      THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
      Having regard to the Treaty on the Functioning of the European Union, and in particular the first indent of Article 127(2) thereof,
      Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular the second subparagraph of Article 12.1 in conjunction with the first indent of Article 3.1, and Article 18.1 thereof,
      Whereas:

                  (1)

                  Decision (EU) 2016/948 of the European Central Bank (ECB/2016/16) (1) established a corporate sector purchase programme (CSPP). Alongside the third covered bond purchase programme, the asset-backed securities purchase programme and the secondary markets public sector asset purchase programme, the CSPP is part of the expanded asset purchase programme (APP). The APP aims to further enhance the transmission of monetary policy, facilitate the provision of credit to the euro area economy, ease borrowing conditions for households and firms and contribute to returning inflation rates to levels below but close to 2 % over the medium term, consistent with the primary objective of the European Central Bank (ECB) of maintaining price stability.

                  (2)

                  Achieving a single monetary policy, including through the APP, entails defining the tools, instruments and procedures to be used by the Eurosystem, in order to implement such a policy in a uniform manner throughout the Member States whose currency is the euro.

                  (3)

                  The Governing Council decided on 22 March 2017 to further refine the rules applicable to debt instruments issued by wind-down entities to ensure their consistent treatment in the Eurosystem's monetary policy through the APP.

                  (4)

                  Therefore, Decision (EU) 2016/948 (ECB/2016/16) should be amended accordingly,

            HAS ADOPTED THIS DECISION:
      Article 1
      Amendment
      1.   In Article 2 of Decision (EU) 2016/948 (ECB/2016/16), subpoint (j) of point 1 is replaced by the following:

                     ‘(j)

                     is not an entity, whether publicly or privately owned, that: (i) has as its main purpose the gradual divestment of its assets and the cessation of its business; or (ii) is an asset management or divestment entity established to support financial sector restructuring and/or resolution (*1), including asset management vehicles resulting from a resolution action in the form of the application of an asset separation tool pursuant to Article 26 of Regulation (EU) No 806/2014 of the European Parliament and of the Council (*2) or national legislation implementing Article 42 of Directive 2014/59/EU of the European Parliament and of the Council (*3);

      2.   In Article 2 of Decision (EU) 2016/948 (ECB/2016/16), subpoint (k) of point 1 is deleted.
      Article 2
      Entry into force
      This Decision shall enter into force on 21 July 2017.

         Done at Frankfurt am Main, 18 May 2017.

               For the Governing Council of the ECB

               The President of the ECB

            Mario DRAGHI

         (1)  Decision (EU) 2016/948 of the European Central Bank of 1 June 2016 on the implementation of the corporate sector purchase programme (ECB/2016/16) (OJ L 157, 15.6.2016, p. 28).


title: Decision of the Standing Committee of the EFTA States No 5/2010/SC of 9 December 2010 amending Decision of the Standing Committee No 4/2004/SC establishing a Financial Mechanism Committee

text:
               24.3.2011

               EN

               Official Journal of the European Union

               L 78/57

         DECISION OF THE STANDING COMMITTEE OF THE EFTA STATES
   No 5/2010/SC
   of 9 December 2010
   amending Decision of the Standing Committee No 4/2004/SC establishing a Financial Mechanism Committee
   THE STANDING COMMITTEE OF THE EFTA STATES,
   Having regard to the Agreement on the European Economic Area as adjusted by the Protocol Adjusting the Agreement on the European Economic Area, hereinafter referred to as the EEA Agreement,
   Having regard to the Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism 2009-2014,
   Having regard to Protocol 38b on the EEA Financial Mechanism inserted into the EEA Agreement by the aforementioned Agreement between the European Union, Iceland, the Principality of Liechtenstein and the Kingdom of Norway on an EEA Financial Mechanism 2009-2014,
   Having regard to the Agreement between the Kingdom of Norway and the European Union on a Norwegian Financial Mechanism for the period 2009-2014,
   Having regard to the Decision of the Standing Committee of the EFTA States No 4/2004/SC of 3 June 2004 establishing a Financial Mechanism Committee (1),
   Having regard to the Decision of the Standing Committee of the EFTA States No 1/2010/SC of 28 January 2010 establishing an EEA Financial Mechanism Interim Committee 2009-2014 (2),
   HAS DECIDED AS FOLLOWS:
   Article 1
   In Article 1 of Decision No 4/2004/SC the second sentence of paragraph 1 shall be replaced by the following wording:
   ‘The Committee shall manage the EEA Financial Mechanism 2004-2009 and the EEA Financial Mechanism 2009-2014.’
   Article 2
   This Decision shall take effect on the day of entering into force or on the day of provisional application of the legal act establishing the EEA Financial Mechanism for the period 2009-2014.
   Article 3
   This Decision shall be published in the EEA Section of, and in the EEA Supplement to, the Official Journal of the European Union.

      Done at Brussels, 9 December 2010.

            For the Standing Committee

            The Chairman

         Stefán Haukur JÓHANNESSON

            The Secretary-General

         Kåre BRYN

      (1)  OJ L 52, 23.2.2006, p. 54.

      (2)  OJ L 53, 4.3.2010, p. 19.


title: 2014/179/EU: Decision of the European Central Bank of 22 January 2014 amending Decision ECB/2004/2 adopting the Rules of Procedure of the European Central Bank (ECB/2014/1)

text:
               29.3.2014

               EN

               Official Journal of the European Union

               L 95/56

         DECISION OF THE EUROPEAN CENTRAL BANK
   of 22 January 2014
   amending Decision ECB/2004/2 adopting the Rules of Procedure of the European Central Bank
   (ECB/2014/1)
   (2014/179/EU)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to the Statute of the European System of Central Banks and of the European Central Bank, and in particular Article 12.3 thereof,
   Having regard to Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (1), and in particular Articles 25(2) and 26(12) thereof,
   Whereas:

               (1)

               It is necessary to adjust the internal organisation of the ECB and its decision-making bodies to the new requirements arising from Regulation (EU) No 1024/2013 to clarify the interaction of the bodies involved in the process of preparing and adopting supervisory decisions.

               (2)

               It is necessary to establish a Code of Conduct setting out the ethical standards for the guidance of the members of the Governing Council and their appointed alternates when exercising their functions.

               (3)

               It is necessary to establish a high-level audit committee to strengthen internal and external layers of control and to contribute to further enhancing the corporate governance of the ECB and the Eurosystem.

               (4)

               Article 21 of the Rules of Procedure specifies that the Conditions of Employment and the Staff Rules shall determine the employment relationship between the ECB and its staff. The Conditions of Employment and the Staff Rules have been amended to include the rules governing the selection and appointment of candidates. Article 20 of the Rules of Procedure on the selection, appointment and promotion of staff is now redundant and should therefore be repealed.

               (5)

               It is also necessary to reflect some minor technical and editorial changes such as the new numbering of articles of the Treaty and the Statute of the European System of Central Banks and of the European Central Bank.

               (6)

               The non-objection procedure pursuant to Article 26(8) of Regulation (EU) No 1024/2013 should not apply to decisions relating to the general framework under which supervisory decisions will be taken like the organisational framework referred to in Article 6(7) of Regulation (EU) No 1024/2013.

               (7)

               Decision ECB/2004/2 (2) should be amended to take these developments into account,

         HAS ADOPTED THIS DECISION:
   Article 1
   Amendments to the Rules of Procedure of the European Central Bank
   Decision ECB/2004/2 is amended as follows:

               1.

               Article 1 is replaced by the following:
               ‘Article 1

                  Definitions

                           1.1.

                           These Rules of Procedure shall supplement the Treaty on the Functioning of the European Union and the Statute of the European System of Central Banks and of the European Central Bank. Without prejudice to the provisions in Article 1.2, the terms in these Rules of Procedure shall have the same meaning as in the Treaty and the Statute.

                           1.2.

                           The terms “participating Member State”, “national competent authority” and “national designated authority” shall have the same meaning as defined in Council Regulation (EU) No 1024/2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (3).

               2.

               The following new Article 5a is inserted:
               ‘Article 5a

                  Code of Conduct for the members of the Governing Council

                           5a.1.

                           The Governing Council shall adopt and update a Code of Conduct for the guidance of its members, which shall be published on the ECB’s website.

                           5a.2.

                           Each Governor shall ensure that his/her accompanying persons within the meaning of Article 3.2 and his/her alternates within the meaning of Article 3.3 sign a declaration of compliance with the Code of Conduct prior to any participation in the meetings of the Governing Council.’.

               3.

               Article 9 is replaced by the following:
               ‘Article 9

                  Eurosystem/ESCB committees

                           9.1.

                           The Governing Council shall establish and dissolve committees. They shall assist in the work of the decision-making bodies of the ECB and shall report to the Governing Council via the Executive Board.

                           9.2.

                           In respect of policy issues relating to the prudential supervision of credit institutions, the committees assisting in the work of the ECB regarding the tasks conferred on the ECB by Regulation (EU) No 1024/2013 shall report to the Supervisory Board and, where appropriate, to the Governing Council. In accordance with its own procedures, the Supervisory Board shall mandate the Vice-Chair to report via the Executive Board to the Governing Council on all such activity.

                           9.3.

                           Committees shall be composed of up to two members from each of the Eurosystem NCBs and the ECB, appointed by each Governor and the Executive Board respectively.

                           9.4.

                           When assisting in the work of the ECB’s decision-making bodies with the tasks conferred on the ECB by Regulation (EU) No 1024/2013, the committees shall include one member from the central bank and one member from the national competent authority in each participating Member State, appointed by each Governor following consultation with the respective national competent authority where the national competent authority is not a central bank.

                           9.5.

                           The Governing Council shall lay down the mandates of the committees and appoint their chairpersons. As a rule, the chairperson shall be a staff member from the ECB. Both the Governing Council and the Executive Board shall have the right to request studies of specific topics by committees. The ECB shall provide secretarial assistance to the committees.

                           9.6.

                           Each non-Eurosystem national central bank may also appoint up to two staff members to take part in the meetings of a committee whenever it deals with matters falling within the field of competence of the General Council and whenever the chairperson of a committee and the Executive Board deems this participation appropriate.

                           9.7.

                           Representatives of other Union institutions and bodies and any other third party may also be invited to take part in the meetings of a committee whenever the chairperson of a committee and the Executive Board deem this appropriate.’.

               4.

               The following new Article 9b is inserted:
               ‘Article 9b

                  Audit Committee

               In order to strengthen the internal and external layers of control already in place and to further enhance the corporate governance of the ECB and the Eurosystem, the Governing Council shall establish an audit committee and lay down its mandate and composition.’.

               5.

               Article 11.3 is replaced by the following:

                           ‘11.3.

                           The Executive Board shall adopt and up-date a Code of Conduct for the guidance of its members and of the members of staff of the ECB, which shall be published on the ECB’s website.’.

               6.

               The following Articles are inserted:
               ‘CHAPTER IVa

                  SUPERVISORY TASKS

                  Article 13a

                  Supervisory Board

               Pursuant to Article 26(1) of Regulation (EU) (No) 1024/2013, a Supervisory Board established as an internal body of the ECB shall fully undertake the planning and execution of the tasks conferred on the ECB relating to the prudential supervision of credit institutions (hereinafter “supervisory tasks”). Any tasks of the Supervisory Board shall be without prejudice to the competences of the ECB decision-making bodies.

                  Article 13b

                  Composition of the Supervisory Board

                           13b.1.

                           The Supervisory Board is composed of a Chair, a Vice-Chair, four representatives of the ECB and one representative of the national competent authority in each participating Member State. All members of the Supervisory Board act in the interest of the Union as a whole.

                           13b.2.

                           Where the national competent authority of a participating Member State is not a central bank, the respective member of the Supervisory Board may bring a representative from the central bank of its Member State. For the purpose of voting, the representatives of one Member State shall be considered as one member.

                           13b.3.

                           After hearing the Supervisory Board, the Governing Council shall adopt the proposal for the appointment of the Chair and the Vice-Chair of the Supervisory Board to be submitted to the European Parliament for approval.

                           13b.4.

                           The terms and conditions of employment of the Chair of the Supervisory Board, in particular his/her salary, pension and other social security benefits, shall be the subject of a contract with the ECB and shall be fixed by the Governing Council.

                           13b.5.

                           The term of office of the Vice-Chair of the Supervisory Board shall be five years and shall not be renewable. It shall not extend beyond the end of his/her mandate as member of the Executive Board.

                           13b.6.

                           The Governing Council shall appoint the four representatives of the ECB to the Supervisory Board, who shall not perform duties directly related to the monetary policy function, on a proposal by the Executive Board.

                  Article 13c

                  Voting pursuant to Article 26(7) of Regulation (EU) No 1024/2013

               For the purpose of adopting draft decisions pursuant to Article 26(7) of Regulation (EU) No 1024/2013 and on the basis of Article 16 of the Treaty on European Union, Article 238(3) of the Treaty on the Functioning of the European Union, and Protocol (No 36) on transitional provisions, the following rules shall apply:

                           (i)

                           Until 31 October 2014, decisions shall be deemed adopted when at least 50 % of Supervisory Board members representing at least 74 % of the total number of weighted votes and 62 % of the total population, cast a vote in favour.

                           (ii)

                           From 1 November 2014, decisions shall be deemed adopted when at least 55 % of the Supervisory Board members representing at least 65 % of the total population, cast a vote in favour. A blocking minority must include at least the minimum number of Supervisory Board members representing 35 % of the total population, plus one member, failing which the qualified majority shall be deemed attained.

                           (iii)

                           Between 1 November 2014 and 31 March 2017, upon request of a representative of a national competent authority or upon request of a representative of the ECB in the Supervisory Board, decisions shall be deemed adopted when at least 50 % of Supervisory Board members representing at least 74 % of the total number of weighted votes and 62 % of the total population, cast a vote in favour.

                           (iv)

                           Each of the four ECB representatives appointed by the Governing Council shall have a weighting equal to the median weighting of those of the representatives of the national competent authorities of participating Member States, as calculated on the basis of the method laid down in the Annex.

                           (v)

                           The votes of the Chair and the Vice-Chair shall be weighted zero and shall count only towards the definition of the majority as far as the number of the members of the Supervisory Board is concerned.

                  Article 13d

                  Rules of Procedure of the Supervisory Board

               The Supervisory Board shall adopt its Rules of Procedure after having consulted the Governing Council. The Rules of Procedure shall ensure the equal treatment of all participating Member States.

                  Article 13e

                  Code of Conduct for the members of the Supervisory Board

                           13e.1.

                           The Supervisory Board shall adopt and update a Code of Conduct for the guidance of its members, which shall be published on the ECB’s website.

                           13e.2.

                           Each member shall ensure that any accompanying persons, alternates and the representatives of its national central bank, if the national competent authority is not the central bank, sign a declaration of compliance with the Code of Conduct prior to any participation in the meetings of the Supervisory Board.

                  Article 13f

                  Supervisory Board meetings

               The Supervisory Board shall normally hold its meetings on the premises of the ECB. The proceedings of the Supervisory Board meetings shall be provided to the Governing Council, as soon as adopted, for information.

                  Article 13g

                  Adoption of decisions for the purpose of carrying out the tasks referred to in Article 4 of Regulation (EU) No 1024/2013

                           13g.1.

                           The Supervisory Board shall propose to the Governing Council complete draft decisions for the purpose of carrying out the tasks referred to in Article 4 of Regulation (EU) No 1024/2013 together with explanatory notes outlining the background to and the main reasons underlying the draft decision. Such draft decisions shall be simultaneously transmitted to the national competent authorities of the participating Member States concerned together with information on the deadline given to the Governing Council in line with Article 13g.2.

                           13g.2.

                           A draft decision within the meaning of Article 13g.1 shall be deemed adopted unless the Governing Council objects to it within ten working days. In emergency situations a reasonable time period shall be defined by the Supervisory Board and shall not exceed 48 hours. The Governing Council shall state the reasons for any objections in writing. The decision shall be transmitted to the Supervisory Board and to the national competent authorities of the Member States concerned.

                           13g.3.

                           A non-euro area participating Member State shall notify the ECB of any reasoned disagreement with a draft decision of the Supervisory Board within five working days of receiving the draft decision pursuant to Article 13g.1. The ECB President shall transmit the reasoned disagreement to the Governing Council and the Supervisory Board without delay. The Governing Council shall take fully into account the reasons contained in an assessment prepared by the Supervisory Board when deciding on the matter within five working days of the information of the reasoned disagreement. This decision, together with a written explanation, shall be transmitted to the Supervisory Board and to the national competent authority of the Member State concerned.

                           13g.4.

                           A non-euro area participating Member State shall notify the ECB of any reasoned disagreement with a Governing Council objection to a draft decision of the Supervisory Board within five working days of receiving such objection pursuant to Article 13g.2. The ECB President shall transmit the reasoned disagreement to the Governing Council and the Supervisory Board without delay. The Governing Council shall give its opinion on the reasoned disagreement expressed by the Member State within 30 days, and, stating its reasons, shall confirm or withdraw its objection. This decision on the confirmation or withdrawal of its objection shall be transmitted to the national competent authority of the Member State concerned. If the Governing Council withdraws the objection, the draft decision of the Supervisory Board shall be deemed adopted on the date of withdrawal of the objection.

                  Article 13h

                  Adoption of decisions for the purpose of carrying out the tasks referred to in Article 5 of Regulation (EU) No 1024/2013

                           13h.1.

                           If a national competent or designated authority notifies the ECB of its intention to apply requirements for capital buffers or any other measures aimed at addressing systemic or macro-prudential risks pursuant to Article 5(1) of Regulation (EU) No 1024/2013, the notification, upon receipt by the Secretary of the Supervisory Board, shall be transmitted to the Governing Council and the Supervisory Board without delay. Upon a proposal prepared by the Supervisory Board based on the initiative and taking into account the input of the relevant committee and of the relevant internal structure, the Governing Council shall decide about the matter within three working days. Where the Governing Council objects to the notified measure, it shall explain its reasons in writing to the national competent or designated authority concerned within five working days of the notification to the ECB.

                           13h.2.

                           If the Governing Council, upon a proposal prepared by the Supervisory Board based on the initiative and taking into account the input of the relevant committee and of the relevant internal structure, intends to apply higher requirements for capital buffers or to apply more stringent measures aimed at addressing systemic or macro-prudential risks pursuant to Article 5(2) of Regulation (EU) No 1024/2013, such intention shall be notified to the concerned national competent or designated authority at least ten working days prior to taking such a decision. If the concerned national competent or designated authority notifies the ECB in writing of its reasoned objection within five working days of the receipt of the notification, this objection, upon receipt by the Secretary of the Supervisory Board, shall be transmitted to the Governing Council and the Supervisory Board without delay. The Governing Council shall decide on the matter on the basis of a proposal prepared by the Supervisory Board based on the initiative and taking into account the input of the relevant committee and of the relevant internal structure. This decision shall be transmitted to the national competent or designated authority concerned.

                           13h.3.

                           The Governing Council shall have the right to endorse, object to or amend proposals of the Supervisory Board within the meaning of Article 13h.1 and Article 13h.2. The Governing Council shall also have the right to request the Supervisory Board to submit a proposal within the meaning of Article 13h.1 and Article 13h.2 or to undertake specific analysis. If the Supervisory Board submits no proposals addressing such requests, the Governing Council, taking into account the input of the relevant committee and of the relevant internal structure, may take a decision in the absence of a proposal from the Supervisory Board.

                  Article 13i

                  Adoption of decisions pursuant to Article 14(2) to (4) of Regulation (EU) No 1024/2013

               If a national competent authority notifies the ECB of its draft decision pursuant to Article 14(2) of Regulation (EU) No 1024/2013, the Supervisory Board shall transmit the draft decision, together with its assessment, within five working days to the Governing Council. The draft decision shall be deemed adopted unless the Governing Council objects within 10 working days of the notification to the ECB, extendable once for the same period in duly justified cases.

                  Article 13j

                  General framework referred to in Article 6(7) of Regulation (EU) No 1024/2013

               The Governing Council shall adopt decisions establishing the general framework to organise the practical arrangements for the implementation of Article 6 of Regulation (EU) No 1024/2013, in consultation with national competent authorities and on the basis of a proposal from the Supervisory Board outside the scope of the non-objection procedure.

                  Article 13k

                  Separation of monetary policy and supervisory tasks

                           13k.1.

                           The ECB shall carry out the tasks conferred on it by Regulation (EU) No 1024/2013 without prejudice to and separately from its tasks relating to monetary policy and from any other tasks.

                           13k.2.

                           The ECB shall take all necessary measures to ensure separation between the monetary policy and the supervisory functions.

                           13k.3.

                           The separation of monetary policy and the supervisory function shall not exclude the exchange between these two functional areas of the information necessary for the achievement of ECB and ESCB tasks.

                  Article 13l

                  Organisation of Governing Council meetings regarding the supervisory tasks

                           13l.1.

                           The Governing Council meetings regarding the supervisory tasks shall take place separately from regular Governing Council meetings and shall have separate agendas.

                           13l.2.

                           On a proposal from the Supervisory Board, the Executive Board shall draw up a provisional agenda and send it, together with the relevant documents prepared by the Supervisory Board, to the members of the Governing Council and other authorised participants at least eight days before the relevant meeting. This shall not apply to emergencies, in which the Executive Board shall act appropriately having regard to the circumstances.

                           13l. 3.

                           The Governing Council of the ECB shall consult with the Governors of the non-Eurosystem NCBs of the participating Member States before objecting to any draft decision prepared by the Supervisory Board that is addressed to the national competent authorities in respect of credit institutions established in non-euro area participating Member States. The same shall apply where the concerned national competent authorities inform the Governing Council of their reasoned disagreement with such a draft decision of the Supervisory Board.

                           13l. 4.

                           Unless otherwise provided for in this Chapter, the general provisions of Governing Council meetings laid down in Chapter I shall also apply to Governing Council meetings regarding the supervisory tasks.

                  Article 13m

                  Internal structure regarding the supervisory tasks

                           13m.1.

                           The competence of the Executive Board in respect of the ECB’s internal structure and the staff of the ECB shall encompass the supervisory tasks. The Executive Board shall consult the Chair and the Vice Chair of the Supervisory Board on such internal structure. Articles 10 and 11 shall apply accordingly.

                           13m.2.

                           The Supervisory Board, in agreement with the Executive Board, may establish and dissolve substructures of a temporary nature, such as working groups or task forces. They shall assist in the work regarding the supervisory tasks and report to the Supervisory Board.

                           13m.3.

                           The President of the ECB, after having consulted the Chair of the Supervisory Board, shall appoint a member of the staff of the ECB as Secretary of the Supervisory Board and the Steering Committee. The Secretary shall assist the Chair or, in his/her absence, the Vice-Chair in preparing the Supervisory Board meetings and shall be responsible for drafting the proceedings of these meetings.

                           13m.4.

                           The Secretary shall liaise with the Secretary of the Governing Council for preparing the meetings of the Governing Council regarding supervisory tasks and shall be responsible for drafting the proceedings of these meetings.

                  Article 13n

                  Report under Article 20(2) of Regulation (EU) No 1024/2013

               Upon a proposal from the Supervisory Board submitted by the Executive Board, the Governing Council shall adopt the annual reports addressed to the European Parliament, the Council, the Commission and the Eurogroup as required under Article 20(2) of Regulation (EU) No 1024/2013.

                  Article 13o

                  Representatives of the ECB at the European Banking Authority

                           13o.1.

                           On a proposal by the Supervisory Board, the President of the ECB shall appoint or recall the ECB’s representative to the Board of Supervisors of the European Banking Authority as provided for by Article 40(1)(d) of Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (4).

                           13o.2.

                           The President shall nominate the accompanying second representative with expertise on central banking tasks to the Board of Supervisors of the European Banking Authority.

               7.

               Article 15.1 is replaced by the following:

                           ‘15.1.

                           Before the end of each financial year the Governing Council, acting upon a proposal from the Executive Board in accordance with any principles laid down by the former, shall adopt the budget of the ECB for the subsequent financial year. The expenditure for the supervisory tasks shall be separately identifiable within the budget and shall be consulted with the Chair and the Vice Chair of the Supervisory Board.’.

               8.

               Article 17.5 is replaced by the following:

                           ‘17.5.

                           Without prejudice to the second paragraph of Article 43 and the first indent of Article 46.1 of the Statute, ECB Opinions shall be adopted by the Governing Council. However, in exceptional circumstances and unless not less than three Governors state their wish to retain the competence of the Governing Council for the adoption of specific opinions, ECB Opinions may be adopted by the Executive Board, in line with comments provided by the Governing Council and taking into account the contribution of the General Council. The Executive Board shall be competent to finalise ECB Opinions on very technical matters and to incorporate factual changes or corrections. ECB Opinions shall be signed by the President. For ECB Opinions to be adopted in relation to the prudential supervision of credit institutions, the Governing Council may consult the Supervisory Board.’.

               9.

               Article 17.8 is replaced by the following:

                           ‘17.8.

                           Regulation No 1 determining the languages to be used by the European Economic Community (5) shall apply to the legal acts specified in Article 34 of the Statute.

               10.

               The following article is inserted:
               ‘Article 17a

                  Legal instruments of the ECB related to supervisory tasks

                           17a.1.

                           Unless otherwise provided for in regulations adopted by the ECB pursuant to Regulation (EU) No 1024/2013 and in this Article, Article 17 shall apply to the legal instruments of the ECB related to supervisory tasks.

                           17a.2.

                           ECB guidelines related to supervisory tasks pursuant to Article 4(3) and Article 6(5)(a) of Regulation (EU) No 1024/2013 shall be adopted by the Governing Council, and thereafter notified and signed on behalf of the Governing Council by the President. Notification of the national competent authorities may take place by means of telefax, electronic mail or telex or in paper form.

                           17a.3.

                           ECB instructions related to supervisory tasks pursuant to Article 6(3), Article 6(5)(a) and Articles 7(1), 7(4), 9(1) and 30(5) of Regulation (EU) No 1024/2013 shall be adopted by the Governing Council, and thereafter notified and signed on behalf of the Governing Council by the President. They shall state the reasons on which they are based. Notification of the national authorities competent for the supervision of credit institutions may take place by means of telefax, electronic mail or telex or in paper form.

                           17a.4.

                           ECB decisions with regard to supervised entities and entities which have applied for authorisation to take up the business of a credit institution shall be adopted by the Governing Council and signed on its behalf by the President. They shall be thereafter notified to the persons to whom they are addressed.’.

               11.

               Article 18 is replaced by the following:
               ‘Article 18

                  Procedure under Article 128(2) of the Treaty

               The approval provided for in Article 128(2) of the Treaty shall be adopted for the following year by the Governing Council in a single decision for all Member States whose currency is the euro within the final quarter of every year.’.

               12.

               Article 20 is deleted.

               13.

               Article 23.1 is replaced by the following:

                           ‘23.1.

                           The proceedings of the decision-making bodies of the ECB, or any committee or group established by them, of the Supervisory Board, its Steering Committee and of any its substructures of a temporary nature shall be confidential unless the Governing Council authorises the President to make the outcome of their deliberations public. The President shall consult the Chair of the Supervisory Board prior to making any such decision in relation to the proceedings of the Supervisory Board, its Steering Committee and of any its substructures of a temporary nature.’.

               14.

               In Article 23.3, the first sentence is replaced by the following:
               ‘Documents drawn up or held by the ECB shall be classified and handled in accordance with the organisational rules regarding professional secrecy and management and confidentiality of information.’.

               15.

               The following article is inserted:
               ‘Article 23a

                  Confidentiality and professional secrecy regarding the supervisory tasks

                           23a.1.

                           Members of the Supervisory Board, of the Steering Committee and of any substructures established by the Supervisory Board shall be subject to the professional secrecy requirements laid down in Article 37 of the Statute even after their duties have ceased.

                           23a.2.

                           Observers shall not have access to confidential information relating to individual institutions.

                           23a.3.

                           Documents drawn up by the Supervisory Board, the Steering Committee and any substructures of a temporary nature established by the Supervisory Board shall be ECB documents and shall therefore be classified and handled in accordance with Article 23.3.’.

               16.

               The text set out in the Annex is added as an annex.

         Article 2
   Entry into force
   This Decision shall enter into force on 24 January 2014.

      Done at Frankfurt am Main, 22 January 2014.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 287, 29.10.2013, p. 63.

      (2)  Decision ECB/2004/2 of 19 February 2004 adopting the Rules of Procedure of the European Central Bank (OJ L 80, 18.3.2004, p. 33).

      (3)  OJ L 287, 29.10.2013, p. 63.’.

      (4)  OJ L 331, 15.12.2010, p. 12.’.

      (5)  OJ 17, 6.10.1958, p. 385/58.’.

      ANNEX

            ‘ANNEX
            (as referred to in Article 13c(iv))

                        1.

                        For the purposes of the voting pursuant to Article 13c, the four ECB representatives must be assigned as defined in the following paragraphs, the median weighted votes of the participating Member States under the weighted votes criterion, the median population of the participating Member States under the population criterion and, by virtue of their membership in the Supervisory Board, a vote under the number of members criterion.

                        2.

                        Ranking, in ascending order, the weighted votes assigned to the participating Member States by Article 3 of the Protocol (No 36) on transitional provisions for the members representing the participating Member States, the median weighted vote is defined as the middle weighted vote if there is an odd number of participating Member States, and as the average of the two middle numbers, rounded up to the nearest whole number, if their number is even. Four times the median weighted vote must be added to the overall number of weighted votes of the participating Member States. The resulting number of weighted votes shall constitute the “total number of weighted votes”.

                        3.

                        The median population is defined in accordance with the same principle. For this purpose, recourse will be made to the figures published by the Council of the European Union as per Annex III, Article 1 and 2 of Council Decision 2009/937/EU of 1 December 2009 adopting the Council’s Rules of Procedure (1). Four times the median population of the participating Member States must be added to the combined population in all participating Member States. The resulting population number shall constitute “the total population”.

         (1)  OJ L 325, 11.12.2009, p. 35.’.


title: Commission Implementing Decision of 15 June 2012 adopting Union import decisions for certain chemicals pursuant to Regulation (EC) No 689/2008 of the European Parliament and of the Council

text:
               20.6.2012

               EN

               Official Journal of the European Union

               C 177/22

         COMMISSION IMPLEMENTING DECISION
   of 15 June 2012
   adopting Union import decisions for certain chemicals pursuant to Regulation (EC) No 689/2008 of the European Parliament and of the Council
   2012/C 177/05
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 689/2008 of the European Parliament and of the Council of 17 June 2008 concerning the export and import of dangerous chemicals (1), and in particular the second subparagraph of Article 12(1) thereof,
   After consulting the Committee established by Article 133 of Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (2),
   Whereas:

               (1)

               Under Regulation (EC) No 689/2008 the Commission is to decide on behalf of the Union whether or not to permit the import into the Union of each chemical subject to the prior informed consent (PIC) procedure.

               (2)

               The United Nations Environment Programme (UNEP) and the Food and Agriculture Organisation (FAO) have been appointed to provide secretariat services for the operation of the PIC procedure established by the Rotterdam Convention on the Prior Informed Consent Procedure for certain hazardous chemicals and pesticides in international trade, hereinafter ‘the Rotterdam Convention’, approved by the Community by Council Decision 2006/730/EC (3).

               (3)

               The Commission, acting as common designated authority, is required to forward import decisions on chemicals subject to the PIC procedure to the Secretariat of the Rotterdam Convention, on behalf of the Union and its Member States.

               (4)

               The chemicals alachlor and aldicarb have been added to the PIC procedure, as pesticides, by decisions RC 5/3 and RC 5/4 of the fifth meeting of the Conference of the Parties and for which the Commission has received information from the Secretariat of the Rotterdam Convention in the form of decision guidance documents. Alachlor and aldicarb fall within the scope of Regulation (EC) No 1107/2009 of the European Parliament and of the Council of 21 October 2009 concerning the placing of plant protection products on the market and repealing Council Directives 79/117/EEC and 91/414/EEC (4) and are not allowed to be placed on the market as constituents of preparations acting as plant protection products.

               (5)

               The chemical endosulfan has been added to the PIC procedure, as pesticide, by decision RC 5/5 of the fifth meeting of the Conference of the Parties and for which the Commission has received information from the Secretariat of the Rotterdam Convention in the form of a decision guidance document. Endosulfan falls within the scope of Regulation (EC) No 1107/2009 and of Directive 98/8/EC of the European Parliament and of the Council of 16 February 1998 concerning the placing of biocidal products on the market (5) and is not allowed to be placed on the market as constituent of preparations acting as plant protection products or as biocides, respectively.

               (6)

               Accordingly, a final import decision concerning alachlor, aldicarb and endosulfan should be taken,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The final decision on the import of alachlor, aldicarb and endosulfan as set out in the form for import response in the Annex is adopted.

      Done at Brussels, 15 June 2012.

            For the Commission

         Janez POTOČNIK

            Member of the Commission

      (1)  OJ L 204, 31.7.2008, p. 1.

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

      (3)  OJ L 299, 28.10.2006, p. 23.

      (4)  OJ L 309, 24.11.2009, p. 1.

      (5)  OJ L 123, 24.4.1998, p. 1.

      ANNEX


title: 2004/860/EC: Council Decision of 25 October 2004 on the signing, on behalf of the European Community, and on the provisional application of certain provisions of the Agreement between the European Union, the European Community and the Swiss Confederation, concerning the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis

text:
               17.12.2004

               EN

               Official Journal of the European Union

               L 370/78

      COUNCIL DECISION

   of 25 October 2004
   on the signing, on behalf of the European Community, and on the provisional application of certain provisions of the Agreement between the European Union, the European Community and the Swiss Confederation, concerning the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis

   (2004/860/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 62, point 3 of the first subparagraph of Article 63 and the Articles 66 and 95 in conjunction Article 300(2),
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Following the authorisation given to the Commission on 17 June 2002, negotiations with the Swiss Authorities, regarding the association of Switzerland with the implementation, application and development of the Schengen acquis have been concluded.

               (2)

               Subject to its conclusion at a later date, it is desirable to sign the agreement that was initialled on 25 June 2004.

               (3)

               The Agreement caters for the provisional application of certain of its provisions. These provisions should be applied on a provisional basis pending the Agreement’s entry into force.

               (4)

               As far as the development of the Schengen acquis is concerned, which falls under the Treaty establishing the European Community, it is appropriate to make the provisions of Council Decision 1999/437/EC of 17 May 1999 on certain arrangements for the application of the Agreement concluded by the Council of the European Union and the Republic of Iceland and the Kingdom of Norway concerning the association of those two States with the implementation, application and development of the Schengen acquis
                   (1) applicable, mutatis mutandis, to the relations with Switzerland upon signature of the Agreement.

               (5)

               This Decision does not prejudice the position of the United Kingdom, under the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community and Council Decision 2000/365/EC of 29 May 2000 concerning the request of the United Kingdom of Great Britain and Northern Ireland to take part in some of the provisions of the Schengen acquis
                   (2).

               (6)

               This Decision does not prejudice the position of Ireland, under the Protocol integrating the Schengen acquis into the framework of the European Union annexed to the Treaty on European Union and to the Treaty establishing the European Community and Council Decision 2002/192/EC of 28 February 2002 concerning Ireland’s request to take part in some of the provisions of the Schengen acquis
                   (3).

               (7)

               This Decision shall not prejudice the position of Denmark, under the Protocol on the position of Denmark annexed to the Treaty on European Union and the Treaty establishing the European Community,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The signature of the Agreement between the European Union, the European Community and the Swiss Confederation concerning the Swiss Confederation’s association with the implementation, application and development of the Schengen acquis, and the related documents consisting of the Final Act, of the Agreement in the form of an Exchange of Letters concerning the Committees that assist the European Commission in the exercise of its executive power, and of the Common Declaration on joint meetings of the Mixed Committees, is hereby approved on behalf of the European Community, subject to conclusion.
   The texts of the Agreement and related documents are attached to this Decision (4).
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement and the related documents on behalf of the European Community, subject to conclusion.
   Article 3
   This Decision shall apply to the fields covered by the provisions listed in Annexes A and B to the Agreement and to their development to the extent that such provisions have, or, in accordance with Decision 1999/436/EC (5), have been determined to have, a legal base within the Treaty establishing the European Community.
   Article 4
   1.   The provisions of Articles 1 to 4 of Council Decision 1999/437/EC shall apply, in the same way, to the association of Switzerland with the implementation, application and development of the Schengen acquis, which falls under the Treaty establishing the European Community.
   2.   Before the delegations representing the members of the Council take part in a decision of the Mixed Committee set up by the Agreement, in accordance with Article 7(4) and (5) and Article 10 thereof, they shall meet within the Council in order to determine whether a common position may be adopted.
   Article 5
   In accordance with Article 14(2) of the Agreement, Articles 1, 3, 4, 5 and 6 and the first sentence of Article 7(2)(a) thereof shall be applied on a provisional basis, pending its entry into force.

      Done at Luxembourg, 25 October 2004.

            For the Council

            The President

         R. VERDONK

      (1)  OJ L 176, 10.7.1999, p. 31.

      (2)  OJ L 131, 1.6.2000, p. 43.

      (3)  OJ L 64, 7.3.2002, p. 20.

      (4)  Council document 13054/04; accessible on http://register.consilium.eu.int

      (5)  OJ L 176, 10.7.1999, p. 17.