title: 2007/49/EC: Council Decision of 22 January 2007 on the principles, priorities and conditions contained in the European Partnership with Montenegro

text:
               27.1.2007

               EN

               Official Journal of the European Union

               L 20/16

      COUNCIL DECISION

   of 22 January 2007
   on the principles, priorities and conditions contained in the European Partnership with Montenegro
   (2007/49/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Regulation (EC) No 533/2004 of 22 March 2004 on the establishment of partnerships in the framework of the stabilisation and association process (1), and in particular Article 2 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Thessaloniki European Council of 19 and 20 June 2003 endorsed the introduction of the European Partnerships as a means to support the European perspective of the western Balkan countries.

               (2)

               Regulation (EC) No 533/2004 provides that the Council is to decide on the principles, priorities and conditions to be contained in the European Partnerships, as well as any subsequent adjustments.

               (3)

               Regulation (EC) No 533/2004 states that the follow-up to the European Partnerships is ensured through the mechanisms established under the stabilisation and association process, notably by the annual progress reports.

               (4)

               The Council adopted on 14 June 2004 a first European Partnership with Serbia and Montenegro including Kosovo as defined by the United Nations Security Council Resolution 1244 (2). The Council decided on 30 January 2006 to update that European Partnership (3).

               (5)

               Montenegro proclaimed its independence on 3 June 2006 following a referendum which was held on 21 May 2006.

               (6)

               At the General Affairs and External Relations Council of 12 June 2006, the European Union and its Member States decided that they will develop their further relations with the Republic of Montenegro as a sovereign, independent State.

               (7)

               Therefore, it is appropriate to establish a new European Partnership with Montenegro on the basis of the part referring to Montenegro of the European Partnership with Serbia and Montenegro adopted on January 2006, updated in view of the findings of the 2006 progress report, and supplemented with priorities addressing the challenges that Montenegro faces as an independent state.

               (8)

               In order to prepare for further integration with the European Union, the competent authorities of Montenegro should develop a plan with a timetable and specific measures to address the priorities of this European Partnership,

         HAS DECIDED AS FOLLOWS:
   Article 1
   In accordance with Article 1 of Regulation (EC) No 533/2004, the principles, priorities and conditions in the European Partnership with Montenegro are set out in the Annex hereto, which forms an integral part of this Decision, and which shall replace, for Montenegro, the Annex to Decision 2006/56/EC.
   Article 2
   The implementation of the European Partnership with Montenegro shall be examined through the mechanisms established under the stabilisation and association process, notably the annual progress reports presented by the Commission.
   Article 3
   This Decision shall take effect on the third day following its publication in the Official Journal of the European Union.

      Done at Brussels, 22 January 2007.

            For the Council

            The President

         F.-W. STEINMEIER

      (1)  OJ L 86, 24.3.2004, p. 1. Regulation as amended by Regulation (EC) No 269/2006 (OJ L 47, 17.2.2006, p. 7).

      (2)  Council Decision 2004/520/EC of 14 June 2004 on the principles, priorities and conditions contained in the European Partnership with Serbia and Montenegro including Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999 (OJ L 227, 26.6.2004, p. 21).

      (3)  Council Decision 2006/56/EC of 30 January 2006 on the principles, priorities and conditions contained in the European Partnership with Serbia and Montenegro including Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999 and repealing Decision 2004/520/EC (OJ L 35, 7.2.2006, p. 32).

      ANNEX
      MONTENEGRO: 2006 EUROPEAN PARTNERSHIP
      1.   INTRODUCTION
      The European Council endorsed the introduction of European Partnerships as a means to support the European perspective of the western Balkan countries.
      On 30 January 2006 the Council of the European Union adopted a European Partnership for Serbia and Montenegro including Kosovo as defined by the United Nations Security Council Resolution 1244 of 10 June 1999. Montenegro proclaimed its independence on 3 June 2006 following a referendum held on 21 May. That was followed by recognition by the EU and its Member States. Therefore, it is appropriate to adopt an updated European Partnership only for Montenegro. This updated Partnership is based on the parts related to Montenegro of the previous European Partnership for Serbia and Montenegro (including Kosovo). It adds elements reflecting the new competences of Montenegro and the challenges it faces as an independent state.
      The competent authorities in Montenegro should develop a plan including a timetable and specific measures to address the European Partnership priorities.
      2.   PRINCIPLES
      The Stabilisation and Association Process remains the framework for the European course of the western Balkan countries, all the way to their future accession.
      The main priorities identified relate to the capacity of Montenegro to meet the criteria defined by the Copenhagen European Council of 1993 and the conditions set for the Stabilisation and Association Process, notably the conditions defined by the Council in its Conclusions of 29 April 1997 and 21 and 22 June 1999, the content of the final declaration of the Zagreb Summit of 24 November 2000 and the Thessaloniki Agenda.
      3.   PRIORITIES
      The priorities listed in this European Partnership have been selected on the basis that it is realistic to expect that Montenegro can complete them or make substantial progress on them over the next few years. A distinction is made between short-term priorities, which are expected to be accomplished within one to two years, and medium-term priorities, which are expected to be accomplished within three to four years. The priorities concern both legislation and its implementation.
      Taking into account the substantial costs involved with meeting all the EU requirements as well as the complexity of these requirements in certain areas, this Partnership does not include all important tasks at this stage. Future partnerships will include further priorities in line with progress made by Montenegro.
      Among the short-term priorities, the key ones have been identified and grouped together at the beginning of the list. The order of these key priorities does not imply ranking as to their importance.
      3.1.   SHORT-TERM PRIORITIES
      Key priorities

                  —

                  Adopt a new constitution, based on broad consensus, in line with European standards, in particular in the areas of human and minority rights, organisation of the judiciary, audit, defence and security structures.

                  —

                  Complete the establishment of the legal and institutional set-up required for an independent country including the signature and ratification of the international instruments to which the State Union of Serbia and Montenegro had adhered.

                  —

                  Continue efforts to implement the reform of the public administration, including the civil service pay system, to ensure transparent recruitment, professionalism and accountability; continue, in particular, to strengthen the European integration structures at all levels (including in the relevant ministries and in the parliament) and the mechanisms of coordination on EU matters.

                  —

                  Finalise plans to reform the judicial system; remove recruitment and career management from the parliament's powers and establish transparent procedures based on professional and objective criteria for selection and career advancement; rationalise the court system and modernise proceedings and improve administration; provide adequate and sustainable financing for the judicial system.

                  —

                  Enhance the fight against organised crime and corruption at all levels, including by setting up efficient institutional mechanisms for inter-agency cooperation and enhancing the operational capacity of law enforcement bodies.

                  —

                  Strengthen parliamentary control over defence and security structures.

                  —

                  Continue ensuring full cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY).

                  —

                  Strengthen the capacity to adopt and implement measures deriving from commitments negotiated under the Stabilisation and Association Agreement, in particular upgrade the capacity of customs to correctly apply the rules of origin and the methods of administrative cooperation.

            Political criteria
      Democracy and the rule of law
      Elections

                  —

                  In line with the recommendations of the Office for Democratic Institutions and Human Rights, depoliticise the election administration, improve its functioning, in particular regarding announcement of results, codify election legislation, establish rules for media coverage of campaigns and introduce rules guaranteeing transparency for the allocation of seats in line with European standards; set up a transparent framework for campaign financing.

            Parliament

                  —

                  Strengthen the overall legislative and control capacity of the parliament in particular through the implementation of the newly adopted rules of procedure.

                  —

                  Strengthen the capacity of the parliament in new areas of competence.

                  —

                  Strengthen the functioning of the Committee on European Integration and provide appropriate administrative and expert support.

            Public administration

                  —

                  Continue the depoliticisation process of the public administration.

                  —

                  Strengthen the administrative capacity of the ombudsman's office; ensure proper follow-up of the ombudsman's recommendations.

                  —

                  Continue to implement the decentralisation process and upgrade the capacities of municipalities.

            Judicial system

                  —

                  Ensure implementation of the legislation on mandatory initial and continuous training for judges, prosecutors and court support staff, and continue to strengthen the judicial training centre.

                  —

                  Finalise plans to reform the judicial system; remove control of recruitment and career management from the parliament and establish transparent procedures based on professional and objective criteria for selection and career advancement; rationalise the court system and modernise proceedings and improve administration; provide adequate and sustainable financing for the judicial system.

                  —

                  Provide guarantees to strengthen the autonomy and efficiency of the prosecution system, including in relation to budget issues. Strengthen the office of the prosecutor for organised crime and upgrade the capacity in the area of anti-corruption policy.

                  —

                  Upgrade the capacity of the Ministry of Justice for international judicial cooperation.

            Anti-corruption policy

                  —

                  Amend the law on conflict of interest and implement it in order to eliminate all possible cases of conflict of interests of officials.

                  —

                  Upgrade efforts to implement the anti-corruption strategy, notably through providing adequate financial and human resources to law enforcement bodies to ensure its implementation.

                  —

                  Develop and fully implement the laws on political parties and the financing of political parties ensuring transparency and clarity.

            Human rights and the protection of minorities

                  —

                  Ensure effective mechanisms for implementation of the obligations deriving from international instruments, notably with regard to the European Convention on Human Rights and Fundamental Freedoms and the European Convention for the Prevention of Torture.

                  —

                  Take comprehensive and transparent action in all alleged cases of ill-treatment. Strengthen the internal control services dealing with ill-treatment by law enforcement agents.

                  —

                  Improve prison conditions, in particular as regards vulnerable groups such as juvenile offenders and those in need of psychiatric care; ensure appropriate monitoring of prison conditions for long-term inmates and for organised crime inmates, ensure further training of penitentiary staff and improvement of special needs facilities.

                  —

                  Adopt comprehensive anti-discrimination legislation.

                  —

                  Ensure implementation of the law on access to public information. Continue the transformation of Radio and Television of Montenegro into a public service broadcaster and provide appropriate means for it.

                  —

                  Implement the memorandum on cooperation between NGOs and governmental bodies.

                  —

                  Continue implementing the legislation on the restitution of property.

                  —

                  Provide an adequate framework, including at constitutional level, for the protection of the rights of minorities. Implement the strategy and action plan relevant to the integration of Roma people, including refugees.

            Regional issues and international obligations

                  —

                  Continue strengthening regional cooperation and good neighbourly relations, with the perspective of, inter alia, promoting reconciliation. Implement free trade agreements with neighbouring countries, notably in the context of the new Central European Free Trade Agreement (CEFTA). Upgrade cross-border cooperation in the areas of the fight against organised crime, trafficking and smuggling, judicial cooperation, border management, environment, transport and energy.

                  —

                  Ensure protection of the rights of refugees and internally displaced persons. Repeal all discriminatory provisions in the fields of labour, access to property rights, legal redress and access to citizenship; guarantee unhindered access to health services and personal documents. Ensure the right of a real choice between sustainable return and integration and provide conditions for integration for those who choose the latter.

                  —

                  Align national legislation and practice with the relevant international standards and agreements through the signing and ratification of the relevant international instruments at the level of the Council of Europe and the United Nations on fighting organised crime and financial crime, including corruption.

            Economic criteria

                  —

                  Sustain macroeconomic stability by pursuing the necessary fiscal adjustment and consolidation.

                  —

                  Develop the institutional and analytical capacity necessary to draft and implement the ‘Economic and Fiscal Programme’ proposed by the Commission of the European Communities.

                  —

                  Implement the public expenditure management system, notably programme budgeting, medium-term budgeting and the introduction of elements of accrual accounting.

                  —

                  Fully integrate capital budget into general government accounts, including local government capital expenditures.

                  —

                  Continue the restructuring and privatisation process of publicly owned enterprises.

                  —

                  Adopt and implement the law on insurance supervision.

                  —

                  Continue efforts to promote adaptability and skills of the labour force, with full engagement of employers and trade unions in that process.

                  —

                  Continue to make the necessary adjustments to the Montenegrin trade regimes, to render them compatible with the autonomous trade measures and the future Stabilisation and Association Agreement (SAA).

            European Standards
      Internal market
      Free movement of goods

                  —

                  Complete the establishment of the legal and institutional set-up on standardisation, market surveillance, certification, metrology, accreditation and conformity assessment in line with the European Community acquis communautaire to create conditions favourable to trade. Start adopting European standards.

                  —

                  Establish internal consultation and notification mechanisms for new technical regulations prior to their adoption on measures having an impact on trade.

                  —

                  Establish a legal framework and administrative capacity for active consumer and health protection in line with EU consumer and health policy.

                  —

                  Continue the necessary reforms to comply with WTO rules and obligations in order to accelerate the WTO accession process.

            Customs and taxation

                  —

                  Further align customs legislation and procedures with the acquis. Continue to modernise the customs administrations in order to ensure a high level of administrative capacity and to fight against corruption, cross-border crime and fiscal evasion.

                  —

                  Amend and implement legislation in the area of rules of origin in order to introduce a legal basis for the application of the EC rules of origin for the purposes of the autonomous trade measures, for this purpose ensure the provision of information and training to operators and customs officers.

                  —

                  Further align tax legislation with the acquis. Improve implementation of tax laws, focusing on revenue collection and control in order to reduce tax fraud.

                  —

                  Apply the principles of the code of conduct for business taxation and ensure that new tax measures are in conformity with those principles.

            Competition

                  —

                  Establish and provide adequate means for the operation of a competition authority with full functional independence.

                  —

                  Strengthen the state aid framework and increase transparency, as a first step towards state aid control in line with the requirements of the Stabilisation and Association Agreement.

            Public procurement

                  —

                  Implement an effective public procurement regime in line with EU principles, including in relation to remedies. Ensure full transparency of procedures, regardless of the value of the contract concerned, and non-discrimination between Montenegrin and EU suppliers.

                  —

                  Ensure the establishment and functioning of the public procurement agency and review body and upgrade their administrative capacity; provide appropriate training of staff in contracting entities responsible for implementing procurement rules.

            Intellectual property law

                  —

                  Significantly strengthen the level of protection of intellectual property rights, in particular by adopting a comprehensive legal framework on intellectual property rights, including effective enforcement provisions, and by establishing an intellectual property rights office.

                  —

                  Strengthen implementation and enforcement capacity in this field, including in border services, law enforcement agencies and the judiciary.

                  —

                  Formally confirm participation in the main international agreements in the field of intellectual property law.

            Financial services

                  —

                  Strengthen the regulatory and supervisory framework for financial institutions and markets, consistent with current EU practices, in particular concerning the banking sector.

                  —

                  Reinforce cooperation with the home supervisors of foreign banks with significant subsidiaries in Montenegro, including by concluding cooperation agreements.

            Company law

                  —

                  Strengthen enforcement of financial reporting requirements, in particular for financial institutions and listed companies.

            Employment and social policies

                  —

                  Upgrade the capacity of the Ministry of Labour and Social Welfare on policy formulation and monitoring, with emphasis on labour market integration of young people, women and vulnerable groups; upgrade performance management of active employment measures implemented by the Montenegrin employment service.

                  —

                  Enhance the work of labour inspectorates to ensure health and safety at work.

                  —

                  Step up efforts to promote quality in the education system and life-long learning.

                  —

                  Continue improving the quality, efficiency and relevance of the higher education system and support its integration into the European Higher Education Area.

            Sectoral policies
      Industry and SMEs

                  —

                  Continue implementing the European Charter for Small Enterprises.

                  —

                  Strengthen the investment promotion agency. Improve business advocacy and consultation.

                  —

                  Adopt a law on harmonisation and acceleration of licensing and systems for issuing permits; implement legislation in close cooperation with local government authorities; and, adopt and implement an action plan on the reduction of business barriers.

                  —

                  Accelerate the setting up and implementation of a national guarantee fund for SMEs.

            Agriculture and fisheries

                  —

                  Continue strengthening administrative capacity for agricultural and rural development policy formulation and implementation.

                  —

                  Adopt the food safety law, a law on animal welfare and a new veterinary law and strengthen the veterinary and phytosanitary services, including control and laboratory capacities.

                  —

                  Continue efforts to align legislation with the EU veterinary and phytosanitary acquis including the setting up of an integrated food safety system aiming at avoiding overlapping, and increasing food safety. Prepare a system of animal identification and registration for bovines in line with EU requirements.

                  —

                  Finalise the fisheries strategy and upgrade the capacity of Montenegro to conduct a fisheries policy in line with EU standards, including those concerning international cooperation.

                  —

                  Ensure protection of the geographical indications and designations of origin registered in the Community pursuant to Council Regulation (EC) No 510/2006 (1).

            Environment

                  —

                  Continue approximating Montenegrin legislation to EU legislation and standards, notably environmental protection framework legislation. Develop the administrative capacity to implement and enforce adopted legislation.

                  —

                  Develop an overall environment protection strategy (water, waste, air). Adopt the land use plan; adopt the sustainable development strategy and sectoral strategies (integrated coastal zone management, biodiversity, climate change). Strengthen environmental management administrative capacity.

            Transport policy

                  —

                  Continue to align aviation legislation, including air traffic control, with the acquis, in line with the commitments undertaken by signing the European Common Aviation Area Agreement.

                  —

                  Strengthen the civil aviation authority, and appoint an operationally independent aviation accident investigation body, a national supervisory body for the air navigation service provider, and a body responsible for the enforcement of air passenger rights.

                  —

                  Continue implementing the Memorandum of Understanding on the Development of the South East Europe Core Regional Transport Network, including cooperation in the South East Europe Transport Observatory.

                  —

                  Implement the road transport law (including establishment of the relevant implementation structures). Ensure sufficient resources for the maintenance of transport infrastructures and institutions.

            Energy

                  —

                  Ratify and continue implementing the commitments undertaken in the framework of the signed Energy Community Treaty.

                  —

                  Complete and implement the energy development strategy, and the energy efficiency strategy; strengthen the administrative capacity of the Ministry of Economy in the field of energy.

                  —

                  Put in place a regulatory body and adopt appropriate legislation in the field of nuclear safety and radiation protection.

                  —

                  Ensure law enforcement and transparency in the energy market.

            Information society and media

                  —

                  Strengthen the agency for telecommunications to foster competition in the market by applying the relevant legislation, in particular in relation to the introduction of the necessary competitive safeguards in the market.

                  —

                  Improve the administrative capacity of the Ministry of Economy in the area of electronic communications. Take further steps in tariff balancing, further address the terms and conditions of interconnection tariffs, and address the issue of licence fees.

                  —

                  Guarantee the operational independence of the broadcasting authority.

                  —

                  Ensure a smooth transformation of Montenegrin radio and television into a public service provider, and ensure means for its efficient functioning.

            Financial control

                  —

                  Upgrade the public internal financial control strategy with references to short- and medium-term objectives and with corresponding IT system support; enhance internal audit capacity.

                  —

                  Further strengthen the State audit office and provide for the appropriate constitutional guarantees.

            Statistics

                  —

                  Collect and transmit statistical information in compliance with statistical requirements related to the economic, trade, monetary and financial areas, consistent with current EU practices.

                  —

                  Revise and adopt the master plan on statistics with a view to enhancing the quality and broadening the scope of statistics. Reinforce the collection and processing of agriculture statistics in line with EU standards and methodology; implement HS nomenclature 2007.

            Justice, freedom and security
      Visa, border control, asylum and migration

                  —

                  Develop institutional capacity in relation to visa policy and align visa policies with those of the EU.

                  —

                  Strengthen integrated border management and ensure consistent implementation by all responsible bodies, including civilian control.

                  —

                  Adopt the asylum law and carry out the construction of the planned reception centres for asylum seekers and refugees.

            Money laundering

                  —

                  Ensure efficient implementation and coordination of the anti-money-laundering legislation and strengthen the financial intelligence unit.

            Drugs

                  —

                  Further develop the international cooperation capacity of the centre for fighting drugs and smuggling and improve operational analysis capabilities, including the establishment of relevant databases.

                  —

                  Develop a national strategy for combating drug abuse and trafficking, in line with the EU Drugs Strategy 2005 to 2012 and the EU Action Plan on Drugs 2005 to 2008, and develop a public awareness campaign on drugs.

                  —

                  Establish standards relating to preventing the diversion of chemical precursors and other essential substances towards the production of illicit drugs.

                  —

                  Develop the capacity of relevant law enforcement authorities to combat drug abuse and trafficking.

            Police

                  —

                  Further strengthen the professional capacity of the police, by specialised training, development of intelligence and risk analysis tools.

                  —

                  Ensure the proper functioning of the police academy.

            Fight against organised crime and terrorism

                  —

                  Establish efficient institutional mechanisms for inter-agency cooperation in the area of the fight against organised crime and upgrade the capacity of the police department in the fight against organised crime.

                  —

                  Upgrade capacity to use special investigative means in line with appropriate guarantees and strengthen criminal intelligence.

                  —

                  Adopt the legislation and develop the capacity to seize assets and proceeds of crime.

                  —

                  Increase the efficiency of international cooperation and implementation of the relevant international conventions on terrorism and preventing and fighting organised crime; improve cooperation and the exchange of information between all branches of the security services and with other states; prevent the financing and preparation of acts of terrorism.

            Trafficking in human beings

                  —

                  Continue strengthening the fight against the trafficking of human beings, including the provision of adequate assistance and protection to the victims.

            Protection of personal data

                  —

                  Adopt legislation on the protection of personal data and set up an independent data protection supervisory authority.

                  —

                  Take the necessary steps to prepare for the conclusion of a cooperation agreement with Europol.

            3.2.   MEDIUM-TERM PRIORITIES
      Political criteria
      Democracy and the rule of law
      Constitutional issues

                  —

                  Fully implement the new constitution adopted in line with European standards.

            Elections

                  —

                  Continue providing for high standards regarding the organisation of elections; enforce a transparent framework for campaign financing.

            Parliament

                  —

                  Continue strengthening the capacity of the parliament in all areas, in particular in relation to the adoption of the EU acquis.

            Public administration

                  —

                  Further strengthen European integration units in the relevant ministries and coordination mechanisms on EU matters including on SAA and IPA.

                  —

                  Develop principles, procedures and relevant administrative capacity in view of establishing a decentralised implementation system for management of EU assistance in line with EU requirements.

                  —

                  Further strengthen the authority for human resources management. Strengthen policy-making process. Continue implementing decentralisation reform.

                  —

                  Further strengthen transparent recruitment, professionalism and accountability, including through codes of ethics and guidelines.

                  —

                  Continue the process of restructuring and reform of the armed forces, including, as appropriate, reducing their numbers.

            Judicial system

                  —

                  Ensure adequate functioning of the judicial training centre. Implement the IT strategy for the judiciary.

                  —

                  Complete the strategic framework for judicial reform; implement the reform plans; implement transparent recruitment and career management procedures; continue upgrading the resources of the judicial system.

                  —

                  Continue upgrading the efficiency of the prosecution system.

                  —

                  Continue upgrading the capacity of the Ministry of Justice for international judicial cooperation.

            Anti-corruption policy

                  —

                  Continue with determination the prevention of and fight against corruption at all levels, and provide increased means for prevention and suppression of corruption. Ensure full compliance with the UN Convention on the fight against corruption and with the relevant Council of Europe conventions.

                  —

                  Establish effective procedures for the detection, treatment and follow-up of cases of suspected fraud and other irregularities affecting national and international funds, including EU funds.

            Human rights and the protection of minorities

                  —

                  Implement the anti-discrimination legislation and legislation on minority rights.

                  —

                  Continue improving prison conditions.

                  —

                  Prevent and address ill-treatment by enforcement agencies.

                  —

                  Ensure the inclusion of disabled or minority children in mainstream education; reform the childcare system.

                  —

                  Continue to promote integration of minorities and good inter-ethnic relations.

                  —

                  Continue cooperation with NGOs at government and municipal level.

            Regional issues and international obligations

                  —

                  Facilitate integration for refugees who choose not to return. Implement the national strategy on refugees as part of a comprehensive strategy on social inclusion and social integration.

                  —

                  Continue implementing regional cooperation arrangements.

            Economic criteria

                  —

                  Strengthen macroeconomic stability by continuing fiscal adjustment and consolidation to further reduce external imbalances.

                  —

                  Increase efficiency of government expenditure, notably by improving the budgetary process and financial management at central and local government level. Increase capacity for budget preparation and execution to enable prioritisation.

                  —

                  Ensure a more flexible labour market through a gradual liberalisation.

                  —

                  Strengthen the business environment to promote the development of the private sector and employment. In particular streamline judicial procedures in commercial matters, especially for bankruptcy cases.

                  —

                  Design and start applying an integrated research policy to support research and development activities.

            European standards
      Internal market
      Free movement of capital

                  —

                  Fully liberalise capital movements and payments in line with EU principles.

            Free movement of goods

                  —

                  Further develop standardisation, in particular through the adoption of European standards. Continue transposing the New and Global Approach and Old Approach directives. Establish a market surveillance structure as required by the acquis.

            Customs and taxation

                  —

                  Ensure continued approximation of Montenegrin customs and taxation legislation to the acquis, and further increase the administrative capacity to implement customs legislation, and to fight against corruption, cross-border crime and fiscal evasion.

                  —

                  Improve transparency and the exchange of information with the Member States of the European Union in order to facilitate the enforcement of measures preventing the avoidance or evasion of taxes.

                  —

                  Establish a transparent exchange of information with Member States of the EU and with the Commission of the European Communities in order to strengthen the enforcement measures preventing tax fraud, evasion and avoidance.

            Competition

                  —

                  Continue strengthening the competition authority, including its functional independence.

                  —

                  Continue strengthening the state aid framework and establish state aid control in line with the requirements of the Stabilisation and Association Agreement.

            Public procurement

                  —

                  Continue strengthening the public procurement regime, including in the utilities sector and in relation to concessions, by further aligning domestic legislation with the acquis and by upgrading the administrative capacity of the public procurement agency, the review body and of contracting entities.

                  —

                  Continue ensuring full transparency of procedures, regardless of the value of the contract concerned, and non-discrimination between Montenegrin and EU suppliers.

            Intellectual property law

                  —

                  Ensure a level of protection similar to that provided by the EU, by aligning fully domestic legislation with the acquis on intellectual property rights, and by continuously strengthening administrative capacity and enforcement by all relevant public authorities, including border services, law enforcement agencies and the judiciary.

            Financial services

                  —

                  Establish a comprehensive regulatory and supervisory framework for financial institutions and markets in line with EU principles.

            Company law

                  —

                  Start aligning financial reporting requirements with the acquis and ensure their effective enforcement.

            Employment and social policies

                  —

                  Further upgrade the policy formulation and monitoring capacities of the Ministry of Labour and Social Welfare, with emphasis on labour market integration of young people, women and vulnerable groups and on modernising social policies; further upgrade performance management of active employment measures implemented by the Montenegrin employment service.

            Sectoral policies
      Industry and SMEs

                  —

                  Ensure the European Charter for Small Enterprises is fully implemented.

                  —

                  Start introducing regulatory impact assessments. Further improve access to finance and develop business support structures (clusters, incubators, business and technology parks).

            Agriculture and fisheries

                  —

                  Further administrative capacities for policy formulation and implementation in the agricultural and rural development sector. Design and start implementing a rural development policy.

                  —

                  Strengthen institutional capacity for food safety. Prepare a programme for upgrading food processing establishments to meet EU requirements. Start action with a view to identification of sheep and goats and registration of their movements. Start action to ensure efficient control of domestic plant production, in particular for products subject to specific EU requirements.

                  —

                  Take measures to ensure that the fisheries policy moves closer to EU standards, in particular in the areas of resource management, inspection and control and in market and structural policies.

                  —

                  Continue ensuring protection of the geographical indications and designations of origin registered in the Community pursuant to Council Regulation (EC) No 510/2006 and its subsequent amendments. Update the list of protected geographical indications and designations of origin in line with developments of the EU acquis in this area.

            Environment

                  —

                  Continue the approximation of Montenegrin legislation to EU legislation and standards, notably legislation on air pollution, water and chemicals.

                  —

                  Begin implementing the land use plan and the overall environment protection strategy. Begin implementing the sustainable development strategy and other sectoral strategies (integrated coastal zone management, biodiversity, climate change). Ensure a viable financial framework for implementing a mid- to long-term environmental protection policy.

                  —

                  Ratify and start implementing the Kyoto protocol.

                  —

                  Continue strengthening the administrative capacity of ministries and bodies in charge of environmental planning, permitting, inspecting, enforcement and monitoring, as well as project management.

            Transport policy

                  —

                  Strengthen capacity building, including project preparation for large investments. Continue to earmark sufficient resources for the maintenance of transport infrastructures and institutions.

                  —

                  Implement international commitments under International Maritime Organisation Conventions and improve maritime safety conditions of the fleet in the light of the Paris Memorandum of Understanding.

            Energy

                  —

                  Adopt and implement a long term strategy for an environmentally sustainable energy policy.

                  —

                  Continue to implement regional and international commitments in this area in view of establishing a competitive regional energy market.

                  —

                  Become party to international nuclear safety conventions to which Euratom is already a Contracting Party.

            Information society and media

                  —

                  Finalise transposition into national legislation of the EU 2002 framework for electronic communications.

                  —

                  Establish a competitive electronic communications market through progressive implementation of legislation, and by applying competitive safeguards and addressing any existing market entry barriers.

                  —

                  Maintain the independence of the regulatory authorities and ensure there are sufficient resources and expertise to execute their tasks.

                  —

                  Fully align legislation to the audiovisual acquis.

            Financial control

                  —

                  Develop and implement the principles of decentralised managerial accountability and functionally independent internal audit in accordance with the internationally accepted standards and EU best practice.

                  —

                  Strengthen the operational capacity, and the functional and financial independence of the State audit Office.

                  —

                  Develop procedures and administrative capacities to ensure effective protection of the EU's financial interests.

            Statistics

                  —

                  Continue developing reliable economic statistics. Build up institutional capacity to produce and publish basic statistical data harmonised with European standards in the area of business statistics, labour market statistics and national accounts.

                  —

                  Fully include local government in general government accounts.

            Justice, freedom and security
      Visa, border control, asylum and migration

                  —

                  Develop the technical infrastructure and human resource capacities to implement the Integrated Border Management policy, including strengthening the border police and the customs services. Improve cross-border facilitations through new border posts.

                  —

                  Further align visa policy with EU legislation and practice.

            Drugs

                  —

                  Strengthen inter-agency and international cooperation and further develop the capacity of relevant law enforcement authorities to combat drug trafficking.

            Police

                  —

                  Continue restructuring; ensure accountability; reform police education; ensure cooperation among law enforcement agencies.

            Fight against organised crime and terrorism

                  —

                  Develop an effective system of witness protection, which also incorporates regional elements.

                  —

                  Reinforce the fight against economic and financial crime (including money-laundering and counterfeiting of currencies), fraud and corruption, and improve the relevant legislation.

                  —

                  Facilitate the placement of liaison officers, seconded from EU Member States in the relevant state bodies involved in the fight against organised crime. Implement the Palermo Convention and its Protocols on transnational organised crime and the applicable international standards on financial and economic crime.

                  —

                  Increase administrative and judicial capacity to implement the criminal code as regards organised crime. Further strengthen the unit for the fight against organised crime in the Ministry of the Interior, and ensure coordination of all the enforcement bodies, including the further development of appropriate criminal intelligence capacity.

                  —

                  Reinforce the fight against economic and financial crime (including the fight against counterfeiting of both cash and non-cash means of payment) and upgrade institutional and administrative capacity to deal with related challenges.

            Protection of personal data

                  —

                  Ensure the smooth functioning of the data protection supervisory authority.

                  —

                  Ensure the capacity of State authorities, in particular law enforcement bodies, to implement the legislation on protection of personal data.

            4.   PROGRAMMING
      Community assistance under the Stabilisation and Association Process to the western Balkan countries will be provided under the existing financial instruments, in particular under Council Regulation (EC) No 1085/2006 of 17 July 2006 establishing an Instrument for Pre-Accession Assistance (IPA) (2). Montenegro can thus have access to funding from multi-country and horizontal programmes.
      5.   CONDITIONALITY
      Community assistance to the western Balkan countries is conditional on progress in satisfying the Copenhagen criteria as well as progress in meeting the specific priorities of this European Partnership. Failure to respect these conditions could lead the Council to take appropriate measures on the basis of Article 21 of Regulation (EC) No 1085/2006. Community assistance is also subject to the conditions defined by the Council in its Conclusions of 29 April 1997, in particular as regards the recipients' undertaking to carry out democratic, economic and institutional reforms.
      6.   MONITORING
      The implementation of the European Partnership shall be examined through the mechanisms established under the Stabilisation and Association Process, notably the annual reports presented by the Commission of the European Communities.

         (1)  Council Regulation (EC) No 510/2006 of 20 March 2006 on the protection of geographical indications and designations of origin for agricultural products and foodstuffs (OJ L 93, 31.3.2006, p. 12).

         (2)  OJ L 210, 31.7.2006, p. 82.


title: 2007/543/EC: Council Decision of 23 July 2007 concerning the accession of Bulgaria and Romania to the Convention on the establishment of a European Police Office (Europol Convention)

text:
               1.8.2007

               EN

               Official Journal of the European Union

               L 200/47

      COUNCIL DECISION

   of 23 July 2007
   concerning the accession of Bulgaria and Romania to the Convention on the establishment of a European Police Office (Europol Convention)
   (2007/543/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union,
   Having regard to the 2005 Treaty of Accession,
   Having regard to the 2005 Act of Accession (hereinafter referred to as the ‘Act of Accession’), and in particular Article 3(4) thereof,
   Having regard to the recommendation from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               The Convention on the establishment of a European Police Office (Europol Convention) (hereinafter referred to as the ‘Europol Convention’) was signed at Brussels on 26 July 1995 and entered into force on 1 October 1998.

               (2)

               The Europol Convention was complemented by two Protocols signed on 24 July 1996 and 19 June 1997 which entered into force respectively on 29 December 1998 and 1 July 1999 (2).

               (3)

               The Europol Convention was amended by three other Protocols signed on 30 November 2000 (3), 28 November 2002 (4) and 27 November 2003 (5). The Protocols of 30 November 2000 and 28 November 2002 entered into force on 29 March 2007 whereas the Protocol of 27 November 2003 entered into force on 18 April 2007.

               (4)

               Article 3(3) of the Act of Accession provides that Bulgaria and Romania are to accede to the conventions and protocols concluded between the Member States, listed in Annex I to the Act of Accession, which comprises, inter alia, the Europol Convention and the Protocols of 24 July 1996, 19 June 1997, 30 November 2000, 28 November 2002 and 27 November 2003. They are to enter into force in relation to Bulgaria and Romania on the date determined by the Council.

               (5)

               In accordance with Article 3(4) of the Act of Accession the Council is to make all adjustments required by reason of accession to those conventions and protocols,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Europol Convention and the Protocols of 24 July 1996, 19 June 1997, 30 November 2000, 28 November 2002 and 27 November 2003 shall enter into force for Bulgaria and Romania on the first day of the first month following the date of adoption of this Decision.
   Article 2
   The texts of the Europol Convention and the Protocols of 24 July 1996, 19 June 1997, 30 November 2000, 28 November 2002 and 27 November 2003, drawn up in the Bulgarian and Romanian languages and annexed to this Decision, shall be authentic under the same conditions as the other texts of the Europol Convention and the said Protocols.
   Article 3
   This Decision shall take effect on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 23 July 2007.

            For the Council

            The President

         L. AMADO

      (1)  Opinion of 10 July 2007 (not yet published in the Official Journal).

      (2)  The Protocol of 24 July 1996 on the basis of Article K.3 of the Treaty on the European Union on the interpretation, by way of preliminary rulings, by the Court of Justice of the European Communities of the Convention on the establishment of a European Police Office (Europol) (OJ C 299, 9.10.1996, p. 2) and the Protocol of 19 June 1997 drawn up on the basis of Article K.3 of the Treaty on the European Union and Article 41(3) of the Europol Convention, on the privileges and immunities of Europol, the members of its organs, the Deputy Directors and employees of Europol (OJ C 221, 19.7.1997, p. 2).

      (3)  OJ C 358, 13.12.2000, p. 2.

      (4)  OJ C 312, 16.12.2002, p. 2.

      (5)  OJ C 2, 6.1.2004, p. 3.

      ANNEX
      Text of the Europol Convention and of the Protocols of 24 July 1996, 19 June 1997, 30 November 2000, 28 November 2002 and 27 November 2003 in the Bulgarian and Romanian languages.


title: Council Decision of 17 February 2014 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

text:
               22.2.2014

               EN

               Official Journal of the European Union

               C 51/9

         COUNCIL DECISION
   of 17 February 2014
   appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
   (2014/C 51/03)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
   Having regard to the nomination submitted to the Council by the Commission in the category of Employees' representatives,
   Whereas:

               (1)

               By its Decision of 16 July 2012 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2012 to 17 September 2015.

               (2)

               A member's seat is available for Bulgaria on the Governing Board of the Centre in the category of Employees' representatives,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2015:

                  REPRESENTATIVES OF EMPLOYEES' ORGANISATIONS:

               BULGARIA

               Ms Yuliya SIMEONOVA

      Done at Brussels, 17 February 2014.

            For the Council

            The President

         A. TSAFTARIS

      (1)  OJ L 39, 13.2.1975, p. 1.

      (2)  OJ C 228, 31.7.2012, p. 3.


title: 2013/447/EU: Commission Decision of 5 September 2013 on the standard capacity utilisation factor pursuant to Article 18(2) of Decision 2011/278/EU  Text with EEA relevance

text:
               7.9.2013

               EN

               Official Journal of the European Union

               L 240/23

         COMMISSION DECISION
   of 5 September 2013
   on the standard capacity utilisation factor pursuant to Article 18(2) of Decision 2011/278/EU
   (Text with EEA relevance)
   (2013/447/EU)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Directive 2003/87/EC of the European Parliament and of the Council of 13 October 2003 establishing a scheme for greenhouse gas emission allowance trading within the Community and amending Council Directive 96/61/EC (1), and in particular Article 10a thereof,
   Whereas:

               (1)

               In order to enable Member States to determine in accordance with Article 18(1) and (3) of Commission Decision 2011/278/EU (2) the activity levels of new entrant installations pursuant to Article 3(h) of Directive 2003/87/EC, the Commission has to determine and publish standard capacity utilisation factors.

               (2)

               For the purpose of calculating the number of free emission allowances to be allocated to new entrant installations eligible for such allocation in the period 2013-20, Member States have to determine the activity levels of these installations. In this context, the standard capacity utilisation factor is necessary to determine the product-related activity level for products for which a product benchmark has been determined in Annex I to Decision 2011/278/EU. For new entrant installations, with the exception of new entrants due to a significant extension, this activity level is determined by multiplying the initial installed capacity for the production of this product in accordance with Article 17(4) of Decision 2011/278/EU with the standard capacity utilisation factor. For installations which had a significant capacity extension or reduction, Member States are to use the standard capacity utilisation factor to determine the product-related activity level of the added or reduced capacity of the subinstallation concerned.

               (3)

               The standard capacity utilisation factor should be the 80-percentile of the average annual capacity utilisation of all installations producing the product concerned. As part of the overall baseline data collection for incumbent installations carried out for the establishment of the National Implementation Measures (NIMs), Member States collected data on the average annual production of the product concerned in the period 2005-08. By dividing these production figures by the initial installed capacity as referred to in Article 7(3) of Decision 2011/278/EU, Member States then determined, on this basis, the capacity utilisation factors of the relevant installations on their territory. Member States then shared this information with the Commission as part of the NIMs.

               (4)

               Upon receipt of the NIMs from all Member States and taking into account the NIMs of the EEA-EFTA countries, the Commission determined the 80-percentile of the average annual capacity utilisation factors of installations producing a product for which a benchmark exists, taking into account the need to ensure neutral conditions of competition for industrial activities carried out in installations operated by a single operator and production in outsourced installations. The calculation is based on information available to the Commission up until 31 December 2012.

               (5)

               The standard capacity utilisation factors per product benchmark are set out in the Annex to this Decision. These factors apply for the years 2013 to 2020,

         HAS ADOPTED THIS DECISION:
   Article 1
   The standard capacity utilisation factors listed in the Annex shall be used by Member States to determine the product-related activity level of installations referred to in Article 3(h) of Directive 2003/87/EC in accordance with Article 18 of Decision 2011/278/EU.
   Article 2
   This Decision shall enter into force on the first day following that of its publication in the Official Journal of the European Union.

      Done at Brussels, 5 September 2013.

            For the Commission

            The President

         José Manuel BARROSO

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

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

      ANNEX

                  Product benchmark listed in Annex I to Decision 2011/278/EU

                  Standard capacity utilisation factor (SCUF)

                  Coke

                  0,960

                  Sintered ore

                  0,886

                  Hot metal

                  0,894

                  Pre-bake anode

                  0,928

                  Aluminium

                  0,964

                  Grey cement clinker

                  0,831

                  White cement clinker

                  0,787

                  Lime

                  0,813

                  Dolime

                  0,748

                  Sintered dolime

                  0,784

                  Float glass

                  0,946

                  Bottles and jars of colourless glass

                  0,883

                  Bottles and jars of coloured glass

                  0,912

                  Continuous filament glass fibre products

                  0,892

                  Facing bricks

                  0,809

                  Pavers

                  0,731

                  Roof tiles

                  0,836

                  Spray dried powder

                  0,802

                  Plaster

                  0,801

                  Dried secondary gypsum

                  0,812

                  Short fibre kraft pulp

                  0,808

                  Long fibre kraft pulp

                  0,823

                  Sulphite pulp, thermo-mechanical and mechanical pulp

                  0,862

                  Recovered paper pulp

                  0,887

                  Newsprint

                  0,919

                  Uncoated fine paper

                  0,872

                  Coated fine paper

                  0,883

                  Tissue

                  0,900

                  Testliner and fluting

                  0,889

                  Uncoated carton board

                  0,863

                  Coated carton board

                  0,868

                  Nitric acid

                  0,876

                  Adipic acid

                  0,849

                  Vinyl chloride monomer (VCM)

                  0,842

                  Phenol/acetone

                  0,870

                  S-PVC

                  0,873

                  E-PVC

                  0,834

                  Soda ash

                  0,926

                  Refinery products

                  0,902

                  EAF carbon steel

                  0,798

                  EAF high alloy steel

                  0,802

                  Iron casting

                  0,772

                  Mineral wool

                  0,851

                  Plasterboard

                  0,843

                  Carbon black

                  0,865

                  Ammonia

                  0,888

                  Steam cracking

                  0,872

                  Aromatics

                  0,902

                  Styrene

                  0,879

                  Hydrogen

                  0,902

                  Synthesis gas

                  0,902

                  Ethylene oxide/ethylene glycols

                  0,840


title: Council Decision 2014/872/CFSP of 4 December 2014 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine, and Decision 2014/659/CFSP amending Decision 2014/512/CFSP

text:
               5.12.2014

               EN

               Official Journal of the European Union

               L 349/58

         COUNCIL DECISION 2014/872/CFSP
   of 4 December 2014
   amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine, and Decision 2014/659/CFSP amending Decision 2014/512/CFSP
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 31 July 2014, the Council adopted Decision 2014/512/CFSP (1).

               (2)

               On 8 September 2014, the Council adopted Decision 2014/659/CFSP (2) in order to impose further restrictive measures.

               (3)

               The Council considers it necessary to clarify certain provisions.

               (4)

               Further action by the Union is needed in order to implement certain measures,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2014/512/CFSP is hereby amended as follows:

               (1)

               Article 1 is amended as follows:

                           (a)

                           paragraph 3 is replaced by the following:
                           ‘3.   It shall be prohibited to directly or indirectly make or be part of any arrangement to make new loans or credit with a maturity exceeding 30 days to any legal person, entity or body referred to in paragraph 1 or 2, after 12 September 2014 except for loans or credit that have a specific and documented objective to provide financing for non-prohibited direct or indirect imports or exports of goods and non-financial services between the Union and Russia or any other third State, or for loans that have a specific and documented objective to provide emergency funding to meet the solvency and liquidity criteria for legal persons established in the Union, whose proprietary rights are owned for more than 50 % by an entity referred to in Annex I.’;

                           (b)

                           the following paragraph is added:
                           ‘4.   The prohibition in paragraph 3 shall not apply to drawdown or disbursements made under a contract concluded before 12 September 2014 if:

                                       (a)

                                       all the terms and conditions of such drawdown or disbursements:

                                                   (i)

                                                   were agreed before 12 September 2014; and

                                                   (ii)

                                                   have not been modified on or after that date; and

                                       (b)

                                       before 12 September 2014, a contractual maturity date had been fixed for the repayment in full of all funds made available and for the cancellation of all the commitments, rights and obligations under the contract.

                                 The terms and conditions of drawdowns and disbursements referred to in this paragraph include provisions concerning the length of the repayment period for each drawdown or disbursement, the interest rate applied or the interest rate calculation method, and the maximum amount.’.

               (2)

               In Article 2, paragraph 4 is replaced by the following:
               ‘4.   The prohibition in paragraphs 1, 2 and 3 shall be without prejudice to the execution of contracts concluded before 1 August 2014 or ancillary contracts necessary for the execution of such contracts, and to the provision of spare parts and services necessary for the maintenance and safety of existing capabilities within the Union.’.

               (3)

               In Article 3, paragraph 3 is replaced by the following:
               ‘3.   The prohibitions in paragraphs 1 and 2 shall be without prejudice to the execution of contracts concluded before 1 August 2014 or ancillary contracts necessary for the execution of such contracts.’.

               (4)

               In Article 3a, paragraph 3 is replaced by the following:
               ‘3.   The prohibitions in paragraph 1 and 2 shall be without prejudice to the execution of contracts concluded before 12 September 2014 or ancillary contracts necessary for the execution of such contracts, and to the provision of assistance necessary for the maintenance and safety of existing capabilities within the EU.’.

               (5)

               Article 4 is replaced by the following:
               ‘Article 4
               1.   The direct or indirect sale, supply, transfer or export of certain equipment suited to the following categories of exploration and production projects in Russia, including its Exclusive Economic Zone and Continental Shelf, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States, shall be subject to prior authorisation by the competent authority of the exporting Member State:

                           (a)

                           oil exploration and production in waters deeper than 150 metres;

                           (b)

                           oil exploration and production in the offshore area north of the Arctic Circle;

                           (c)

                           projects that have the potential to produce oil from resources located in shale formations by way of hydraulic fracturing; it does not apply to exploration and production through shale formations to locate or extract oil from non-shale reservoirs.

                     The Union shall take the necessary measures in order to determine the relevant items to be covered by this paragraph.
               2.   The provision of:

                           (a)

                           technical assistance or other services related to the equipment referred to in paragraph 1;

                           (b)

                           financing or financial assistance for any sale, supply, transfer or export of the equipment referred to in paragraph 1 or for the provision of related technical assistance or training;

                     shall also be subject to prior authorisation by the competent authority of the exporting Member State.
               3.   The competent authorities of the Member States shall not grant any authorisation for any sale, supply, transfer or export of the equipment or the provision of the services, as referred to in paragraphs 1 and 2, if they determine that the sale, supply, transfer or export concerned or the provision of the service concerned is destined for one of the categories of exploration and production referred to in paragraph 1.
               4.   Paragraph 3 shall be without prejudice to the execution of contracts concluded before 1 August 2014 or ancillary contracts necessary for the execution of such contracts.
               5.   An authorisation may be granted where the sale, supply, transfer or export of the items or the provision of the services, as referred to in paragraphs 1 and 2, is necessary for the urgent prevention or mitigation of an event likely to have a serious and significant impact on human health and safety or the environment. In duly justified cases of emergency, the sale, supply, transfer or export or the provision of services, as referred to in paragraphs 1 and 2, may proceed without prior authorisation, provided that the exporter notifies the competent authority within five working days after the sale, supply, transfer or export or the provision of services has taken place, providing detail about the relevant justification for the sale, supply, transfer or export or the provision of services without prior authorisation.’.

               (6)

               In Article 4a, paragraph 1 is replaced by the following:
               ‘1.   The direct or indirect provision of associated services necessary for the following categories of exploration and production projects in Russia, including its Exclusive Economic Zone and Continental Shelf, by nationals of Member States, or from the territories of Member States, or using vessels or aircraft under the jurisdiction of Member States shall be prohibited:

                           (a)

                           oil exploration and production in waters deeper than 150 metres;

                           (b)

                           oil exploration and production in the offshore area north of the Arctic Circle;

                           (c)

                           projects that have the potential to produce oil from resources located in shale formations by way of hydraulic fracturing; it does not apply to exploration and production through shale formations to locate or extract oil from non-shale reservoirs.’

                     .
         Article 2
   Recital 5 of Decision 2014/659/CFSP is replaced by the following:

                  ‘(5)

                  In this context, it is appropriate to extend the prohibition in relation to certain financial instruments. Additional restrictions on access to the capital market should be imposed in relation to State-owned Russian financial institutions, certain Russian entities in the defence sector, and certain Russian entities whose main business is the sale or transportation of oil. These prohibitions do not affect the financial services not referred to in Article 1.’

   Article 3
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

      Done at Brussels, 4 December 2014.

            For the Council

            The President

         S. GOZI

      (1)  Council Decision 2014/512/CFSP of 31 July 2014 concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (OJ L 229, 31.7.2014, p. 13).

      (2)  Council Decision 2014/659/CFSP of 8 September 2014 amending Decision 2014/512/CFSP concerning restrictive measures in view of Russia's actions destabilising the situation in Ukraine (OJ L 271, 12.9.2014, p. 54).


title: Political and Security Committee Decision (CFSP) 2015/969 of 19 June 2015 extending the mandate of the Head of Mission of the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO)

text:
               23.6.2015

               EN

               Official Journal of the European Union

               L 157/44

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2015/969
   of 19 June 2015
   extending the mandate of the Head of Mission of the European Union Rule of Law Mission in Kosovo (1) (EULEX KOSOVO)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union and in particular the third paragraph of Article 38 thereof,
   Having regard to the Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (2) and in particular Article 12 (2) thereof,
   Whereas:

               (1)

               Pursuant to Article 12 (2) of Joint Action 2008/124/CFSP, the Political and Security Committee (PSC) is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO), including the decision to appoint a Head of Mission.

               (2)

               On 12 June 2014, the Council adopted Decision 2014/349/CFSP (3) amending Joint Action 2008/124/CFSP and extending the duration of EULEX KOSOVO until 14 June 2016.

               (3)

               On 9 October 2014, the PSC adopted Decision 2014/707/CFSP (EULEX KOSOVO/2/2014) (4), appointing Ambassador Gabriele MEUCCI as Head of Mission of EULEX KOSOVO until 14 June 2015.

               (4)

               On 15 June 2015, the High Representative of the Union for Foreign Affairs and Security Policy proposed the extension of the mandate of Ambassador Gabriele MEUCCI as Head of Mission of EULEX KOSOVO until 14 June 2016,

         HAS ADOPTED THIS DECISION:
   Article 1
   The mandate of Ambassador Gabriele MEUCCI as Head of Mission of the European Union Rule of Law Mission in Kosovo (EULEX KOSOVO) is hereby extended until 14 June 2016.
   Article 2
   This Decision shall enter into force on the day of its adoption.
   It shall apply from 15 June 2015.

      Done at Brussels, 19 June 2015.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  The designation ‘Kosovo’ is without prejudice to positions on status, and is in line with UNSCR 1244 (1999) and the ICJ Opinion on the Kosovo declaration of Independence.

      (2)  OJ L 42, 16.2.2008, p. 92.

      (3)  Council Decision 2014/349/CFSP of 12 June 2014 amending Joint Action 2008/124/CFSP on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (OJ L 174, 13.6.2014, p. 42).

      (4)  Political and Security Committee Decision 2014/707/CFSP (EULEX KOSOVO/2/2014) of 9 October 2014 on the appointment of the Head of Mission of the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (OJ L 295, 11.10.2014, p. 59).


title: 2009/632/EC,Euratom: Decision of the European Parliament of 23 April 2009 on discharge in respect of the implementation of the budget of the Executive Agency for Competitiveness and Innovation for the financial year 2007

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 255/30

      DECISION OF THE EUROPEAN PARLIAMENT

   of 23 April 2009
   on discharge in respect of the implementation of the budget of the Executive Agency for Competitiveness and Innovation for the financial year 2007
   (2009/632/EC, Euratom)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the European Union general budget for the financial year 2007 (1),

               —

               having regard to the final annual accounts of the European Communities for the financial year 2007 — Volume I (SEC(2008) 2359 — C6-0415/2008) (2),

               —

               having regard to the final annual accounts of the Executive Agency for Competitiveness and Innovation for the financial year 2007 (3),

               —

               having regard to the Commission’s annual reports to the European Parliament and to the Council on the follow-up to 2006 discharge decisions (COM(2008) 629, COM(2008) 628), and to the Commission staff working documents accompanying those reports (SEC(2008) 2579, SEC(2008) 2580),

               —

               having regard to the Commission communication entitled ‘Synthesis of the Commission's management achievements in 2007’ (COM(2008) 338),

               —

               having regard to the Commission’s annual report to the discharge authority on internal audits carried out in 2007 (COM(2008) 499), and to the Commission staff working document accompanying that report (SEC(2008) 2361),

               —

               having regard to the Commission’s report on Member States’ replies to the Court of Auditors’ 2006 annual report (COM(2008) 112),

               —

               having regard to the Green Paper on the European transparency initiative, adopted by the Commission on 3 May 2006 (COM(2006) 194),

               —

               having regard to Opinion No 2/2004 of the Court of Auditors on the ‘single audit’ model (and a proposal for a Community internal control framework) (4),

               —

               having regard to the Commission communication on a roadmap to an integrated internal control framework (COM(2005) 252),

               —

               having regard to the Commission action plan towards an integrated internal control framework (COM(2006) 9), the report from the Commission to the Council, the European Parliament and the Court of Auditors on the progress of the Commission action plan towards an integrated internal control framework (COM(2007) 86), and the Commission staff working document accompanying that report (SEC(2007) 311),

               —

               having regard to the first half-yearly report on the scoreboard for the application of the Commission action plan towards an integrated internal control framework published on 19 July 2006 (SEC(2006) 1009), pursuant to Parliament’s request in its resolution accompanying the discharge decision in respect of the financial year 2004,

               —

               having regard to Opinion No 6/2007 of the Court of Auditors on the annual summaries of Member States; ‘national declarations’ of Member States; and audit work on EU funds of national audit bodies (5),

               —

               having regard to the Commission’s action plan to strengthen the Commission’s supervisory role under shared management of structural actions (COM(2008) 97),

               —

               having regard to the communication from Commissioners Hübner and Špidla to the Commission giving an interim progress report on the action plan to strengthen the Commission’s supervisory role under shared management of structural actions (SEC(2008) 2756), and to the Commission staff working document accompanying that communication (SEC(2008) 2755),

               —

               having regard to the report from the Commission to the Council, the European Parliament and the Court of Auditors on the Commission action plan towards an integrated internal control framework (COM(2008) 110), and to the Commission staff working document accompanying that report (SEC(2008) 259),

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Executive Agency for Competitiveness and Innovation for the financial year 2007, together with the Agency’s replies (6),

               —

               having regard to the statement of assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions, provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (7),

               —

               having regard to the Commission communication of 16 December 2008 on a common understanding of the concept of tolerable risk of error (COM(2008) 866), and to the Commission staff working document accompanying that communication (SEC(2008) 3054),

               —

               having regard to the Council’s recommendation of 10 February 2009 on the discharge to be given to the executive agencies in respect of the implementation of the budget for the financial year 2007 (5589/2009 — C6-0056/2009),

               —

               having regard to Articles 274, 275 and 276 of the EC Treaty and Articles 179a and 180b of the Euratom Treaty,

               —

               having regard to Articles 246 et seq. of the EC Treaty, on the Court of Auditors,

               —

               having regard to international audit standards and international accounting standards, in particular those applying to the public sector,

               —

               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 (8), and in particular Articles 145, 146 and 147 thereof,

               —

               having regard to Council Regulation (EC) No 58/2003 of 19 December 2002 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (9), and in particular Article 14(3) thereof,

               —

               having regard to Commission Regulation (EC) No 1653/2004 of 21 September 2004 on a standard financial regulation for the executive agencies pursuant to Council Regulation (EC) No 58/2003 laying down the statute for executive agencies to be entrusted with certain tasks in the management of Community programmes (10), and in particular Article 66(1) and (2) thereof,

               —

               having regard to Commission Decision 2004/20/EC of 23 December 2003 setting up an executive agency, the ‘Intelligent Energy Executive Agency’, to manage Community action in the field of energy in application of Council Regulation (EC) No 58/2003 (11),

               —

               having regard to Commission Decision 2007/372/EC of 31 May 2007 amending Decision 2004/20/EC in order to transform the Intelligent Energy Executive Agency into the Executive Agency for Competitiveness and Innovation (12),

               —

               having regard to Rule 70 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinions of the other committees concerned (A6-0168/2009),

               A.

               whereas under Article 274 of the EC Treaty the Commission implements the budget on its own responsibility, having regard to the principles of sound financial management,

               1.

               Grants the Director of the Executive Agency for Competitiveness and Innovation discharge for implementation of the Agency’s budget for the financial year 2007;

               2.

               Sets out its observations in the Resolution that forms an integral part of the Decisions on the discharge for implementation of the European Union general budget for the financial year 2007, Section III — Commission and executive agencies;

               3.

               Instructs its President to forward this Decision, together with the Decision on the discharge for implementation of the European Union general budget for the financial year 2007, Section III — Commission and the Resolution that forms an integral part of those decisions, to the Director of the Executive Agency for Competitiveness and Innovation, the Council, the Commission, the Court of Justice and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Klaus WELLE

      (1)  OJ L 77, 16.3.2007.

      (2)  OJ C 287, 10.11.2008, p. 1.

      (3)  OJ C 278, 31.10.2008, p. 29.

      (4)  OJ C 107, 30.4.2004, p. 1.

      (5)  OJ C 216, 14.9.2007, p. 3.

      (6)  OJ C 311, 5.12.2008, p. 79.

      (7)  OJ C 287, 10.11.2008, p. 111.

      (8)  OJ L 248, 16.9.2002, p. 1.

      (9)  OJ L 11, 16.1.2003, p. 1.

      (10)  OJ L 297, 22.9.2004, p. 6.

      (11)  OJ L 5, 9.1.2004, p. 85.

      (12)  OJ L 140, 1.6.2007, p. 52.