title: 2007/103/EC: Commission Decision of 12 February 2007 laying down general principles and criteria for the selection and funding of actions under the Public Health Programme (Text with EEA relevance )

text:
               16.2.2007

               EN

               Official Journal of the European Union

               L 46/45

      COMMISSION DECISION

   of 12 February 2007
   laying down general principles and criteria for the selection and funding of actions under the Public Health Programme
   (Text with EEA relevance)
   (2007/103/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to Decision No 1786/2002/EC of the European Parliament and of the Council of 23 September 2002 adopting a programme of Community action in the field of public health (2003-2008) (1), and in particular Article 8(1), thereof,
   Whereas:

               (1)

               Article 8(1) of Decision No 1786/2002/EC provides for the adoption by the Commission of an annual plan of work for the implementation of the programme of public health, setting out priorities and actions to be undertaken, including allocation of resources, and for adoption of the arrangements, criteria and procedures for selecting and financing the actions of the programme.

               (2)

               By Commission Decision 2007/102/EC (2) the work plan for 2007 has been adopted.

               (3)

               Article 115 of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3) and Article 167 of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 (4) require that the eligibility, selection and award criteria are specified in advance in the call for proposals with the aim of making it possible to assess the quality of the proposals submitted in the light of the objectives and priorities set out in the annual work programme.

               (4)

               The ‘General principles and criteria for the selection and funding of actions under the Public Health Programme’ referred to in the Annex of this decision should therefore be adopted. Annex II of Decision C(2005) 29 of 14 January 2005 adopting the work plan for 2005 for the implementation of the programme of Community action in the field of public health (2003-2008), including the annual work programme for grants and the general principles and criteria for the selection and funding of actions under the Public Health Programme is therefore replaced by the Annex to this Decision.

               (5)

               The ‘General principles and criteria for the selection and funding of actions under the Public Health Programme’, as set out in the Annex are in accordance with the opinion of the Committee on the programme of Community action in the field of public health,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The ‘General principles and criteria for the selection and funding of actions under the Public Health Programme (2003-2008)’, as set out in Annex, are hereby adopted.

      Done at Brussels, 12 February 2007.

            For the Commission

         Markos KYPRIANOU

            Member of the Commission

      (1)  OJ L 271, 9.10.2002, p. 1. Decision as amended by Decision No 786/2004/EC (OJ L 138, 30.4.2004, p. 7).

      (2)  See page 27 of this Official Journal.

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

      (4)  OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 1248/2006 (OJ L 227, 19.8.2006, p. 3).

      ANNEX
      GENERAL PRINCIPLES AND CRITERIA FOR THE SELECTION AND FUNDING OF ACTIONS UNDER THE PUBLIC HEALTH PROGRAMME
      This document replaces in all its effects the previous document ‘General principles and criteria for the selection and funding of actions under the Public Health Programme’, appended to Decision C(2005) 29. It applies only to co-funding of individual actions under the Public Health Programme through grants after calls for proposals. It can under no circumstances be understood as replacing the applicable legal rules.
      1.   GENERAL PRINCIPLES

                  1.

                  The Financial Regulation and its Implementing Rules are the reference documents for the implementation of the Public Health Programme.

                  2.

                  Grants must comply with the following principles:

                              —

                              co-financing rule: external co-financing from a source other than Community funds is required, either by way of the beneficiary’s own resources or the financial resources of third parties. Contributions in kind from third parties may be considered as co-financing if considered necessary or appropriate (Articles 113 of the Financial Regulation and 172 of the Implementing Rules);

                              —

                              no-profit rule: the grant may not have the purpose or effect of producing a profit for the beneficiary (Articles 109(2) of the Financial Regulation and 165 of the Implementing Rules);

                              —

                              no-retroactivity rule: expenditure eligible for financing must be incurred after the agreement is signed. In exceptional cases, it may be acceptable to consider expenditure that was incurred from the date of submission of the grant application, but not earlier (Article 112 of the Financial Regulation);

                              —

                              no-cumulation rule: only one grant may be awarded for a specific action carried out by a given beneficiary per financial year (Article 111 of the Financial Regulation) (1).

                  3.

                  Proposals for actions (projects) will be evaluated on the basis of three categories of criteria:

                              —

                              exclusion criteria, to assess the applicant’s eligibility — Article 114 of the Financial Regulation;

                              —

                              selection criteria, to assess the applicant’s financial and operational capacity to complete the proposed action — Article 176 of the Implementing Rules;

                              —

                              award criteria, to assess the quality of the proposal taking into account its cost.

                        These three categories of criteria will be considered consecutively during the evaluation procedure. A project which fails to meet the requirements of one category will not be considered at the next evaluation stage and will be rejected.

                  4.

                  In respect of the Public Health Programme, priority will be given to projects which:

                              —

                              have an innovative character in relation to the existing situation and are not of a recurrent nature;

                              —

                              provide added value at European level in the field of public health: projects are to yield relevant economies of scale, involve as many eligible countries in relation to the scope of the project and are capable of being replicated elsewhere;

                              —

                              contribute to and support the development of Community policies in the field of public health;

                              —

                              devote adequate attention to an efficient management structure, a clear evaluation process and a precise description of the expected results;

                              —

                              include a plan for using and disseminating the results at European level to appropriate target audiences.

            2.   EXCLUSION CRITERIA

                  1.

                  Applicants will be excluded from participation in an award procedure of the Public Health Programme if they:

                              (a)

                              are bankrupt or being wound up, are having their affairs administered by the courts, have entered into an arrangement with creditors, have suspended business activities, are the subject of proceedings concerning those matters, or are in any analogous situation arising from a similar procedure provided for in national legislation or regulations;

                              (b)

                              have been convicted of an offence concerning their professional conduct by a judgment which has the force of res judicata;

                              (c)

                              have been guilty of grave professional misconduct proven by any means which the contracting authority can justify;

                              (d)

                              have not fulfilled obligations relating to the payment of social security contributions or the payment of taxes in accordance with the legal provisions of the country in which they are established or with those of the country of the Authorizing Officer or those of the country where the contract is to be performed;

                              (e)

                              have been the subject of a judgment which has the force of res judicata for fraud, corruption, involvement in a criminal organisation or any other illegal activity detrimental to the Communities’ financial interests;

                              (f)

                              have been declared to be in serious breach of contract for failure to comply with their contractual obligations, following another procurement or grant award procedure financed by the Community budget.

                        Evidence: candidates shall provide a declaration on their honour, duly signed and dated, stating that they are not in one of the situations listed above.

                  2.

                  Any proposals received after the deadline for receipt, any incomplete proposals or failing to meet the formal requirements laid down in the call for proposals will be excluded from participation in the Public Health Programme.
                  Each application must be complete and contain at least the following documents:

                              —

                              Administrative data on the main partner and associated partners;

                              —

                              Technical description of the project;

                              —

                              Global budget of the project and the requested level of Community co-financing;

                              —

                              Evidence: global budget of the project and the requested level of Community co-financing;

                              —

                              Evidence: application content.

                  3.

                  Actions which have already commenced by the date on which the grant application is registered will be excluded from participation in the Public Health Programme.
                  Evidence: the scheduled commencement date and duration of the action must be specified in the grant application.

            3.   SELECTION CRITERIA
      Only proposals which have satisfied the requirements of the exclusion criteria will be eligible to be evaluated. All the following selection criteria have to be fulfilled.
      1.   Legal status
      Applicants must provide evidence of their organisation’s legal status.
      Evidence: applicants must supply the organisation’s articles of association and the official registration certificate.
      2.   Financial capacity
      Applicants must have stable and sufficient sources of funding to maintain their activity throughout the period during which the activity is being carried out and to participate in its co-funding.
      Evidence: applicants must supply the profit and loss account and the balance sheets for the past two complete financial years.
      The verification of financial capacity will not apply to public bodies, or to international public organisations created by inter-governmental agreements or to specialist agencies created by the latter.
      3.   Operational capacity
      The applicant must have the professional resources, competences and qualifications required to complete the proposed action.
      Evidence: applicants must supply the organisation’s most recent annual activity report including operational, financial and technical details and the curricula vitae of all relevant professional staff in all the organisations involved in the project.
      4.   Additional documents to be supplied at the request of the Commission
      If so requested, applicants must supply an external audit report produced by an approved auditor, certifying the accounts for the last financial year available and giving an assessment of the applicant’s financial viability.
      4.   AWARD CRITERIA
      Only projects which have satisfied the requirements of the exclusion and the selection criteria will be eligible for further evaluation on the basis of the following award criteria. The call for proposals shall determine how the blocks of the award criteria listed below are to be applied.
      1.   Policy and contextual relevance of the project

                  (a)

                  Project’s contribution to the Public Health Programme and its annual work plan in terms of meeting the objectives and priorities;

                  (b)

                  Strategic relevance in terms of expected contributions to the existing knowledge and implications for health;

                  (c)

                  Added value at European level in the field of public health:

                              —

                              impact on target groups, long term effect and potential multiplier effects such as replicable, transferable and sustainable activities;

                              —

                              contribution to, complementarity, synergy and compatibility with EU relevant policies;

                  (d)

                  Pertinence of the geographical coverage
                  Applicants must ensure that a geographical coverage of the project is appropriate with regard to its objectives, explaining the role of the eligible countries as partners and the relevance of the project resources or target populations they represent;
                  Proposals at national or sub-national dimension (i.e. which involve only one eligible country or a region of a country) will be rejected.

                  (e)

                  Adequacy of the project with social, cultural and political context
                  Applicants must relate the project with the situation of the countries or specific areas involved, ensuring the compatibility of the envisaged actions with culture and views of the target groups.

            2.   Technical quality of the project
      (a)   Evidence base
      Applicants must include the problem analysis and clearly describe the factors, the impact, the effectiveness and applicability of measures proposed;
      (b)   Content specification
      Applicants must clearly describe the aims and objectives, target groups including relevant geographical factors, methods, anticipated effects and outcomes;
      (c)   Innovative nature, technical complementarity and avoidance of duplication of other existing actions at EU level
      Applicants must clearly identify the progress the project intends to accomplish within the field in relation with the state of the art and ensure that there will be neither inappropriate duplication nor overlap, whether partial or total, between projects and activities already carried out at European and international level;
      (d)   Evaluation strategy
      Applicants must clearly explain the kind and adequacy of methods proposed and indicators chosen;
      (e)   Dissemination strategy
      Applicants must clearly illustrate the adequacy of envisaged strategy and methodology proposed to ensure transferability of results and sustainability of the dissemination.
      3.   Management quality of the project and budget
      (a)   Planning and organisation of the project
      Applicants must describe the activities to be undertaken, timetable and milestones, deliverables, nature and distribution of tasks, risk analysis;
      (b)   Organisational capacity
      Applicants must describe the management structure, competency of staff, responsibilities, internal communication, decision making, monitoring and supervision;
      (c)   Quality of partnership
      Applicants must describe the partnerships envisaged in terms of extensiveness, roles and responsibilities, relationships among the different partners, synergy and complementarity of the various project partners and network structure;
      (d)   Communication strategy
      Applicants must describe the communication strategy in terms of planning, target groups, adequacy of channels used, visibility of EU co-funding;
      (e)   Overall and detailed budget
      Applicants must ensure that budget be relevant, appropriate, balanced and consistent in itself, between partners and with the specific objectives of the project. Budget should be distributed within partners at a minimum reasonable level, avoiding excessive fragmentation;
      (f)   Financial management
      Applicants must describe financial circuits, responsibilities, reporting procedures and controls.
      Weightings of each block of criteria as a total are the following. Specific weightings for individual criterion of each block will be set out in the call for proposal.

                              1.

                              Policy and contextual relevance of the project

                  /30

                              2.

                              Technical quality of the project

                  /40

                              3.

                              Management quality of the project and budget

                  /30

            Maximum total score /100
      Thresholds will also be set for each block of criteria, such that any project failing to achieve the threshold marks will be rejected.
      Following the evaluation, proposals recommended for funding are drawn up in a list, ranked according to the total marks awarded. Depending on budget availability, the highest ranked proposals will be awarded for co-funding. The remaining proposals recommended for co-funding will be placed on a reserve list.

         (1)  This means that a specific action, submitted by one applicant for a grant, can be approved for co-financing by the Commission only once a year, regardless of the length of this action.


title: Council Decision of 19 April 2007 establishing for the period 2007-2013 the specific programme Fundamental rights and citizenship as part of the General programme Fundamental Rights and Justice

text:
               27.4.2007

               EN

               Official Journal of the European Union

               L 110/33

      COUNCIL DECISION

   of 19 April 2007
   establishing for the period 2007-2013 the specific programme ‘Fundamental rights and citizenship’ as part of the General programme ‘Fundamental Rights and Justice’
   (2007/252/JHA)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 308 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               The European Union is founded on the principles of liberty, democracy, respect for human rights and fundamental freedoms and the rule of law, principles which are common to the Member States.

               (2)

               The Charter of Fundamental Rights of the European Union (2), bearing in mind its status and scope and the accompanying explanations, reflects the rights as they result, in particular, from the constitutional traditions and international obligations common to the Member States, the Treaty on European Union, the Community Treaties, the European Convention for the Protection of Human Rights and Fundamental Freedoms, the social charters adopted by the Community and by the Council of Europe and the case-law of the Court of Justice of the European Communities and of the European Court of Human Rights.

               (3)

               In November 2004 the European Council recognised the importance of communication to bring all persons close to the European project by encouraging an active citizenship.

               (4)

               In its Communication of 15 October 2003 to the Council and the European Parliament on Article 7 of the Treaty on European Union, the Commission underlined the importance of the role that civil society plays both in protecting and promoting fundamental rights; the Commission therefore should establish an open, transparent and regular dialogue with civil society.

               (5)

               According to The Hague Programme, strengthening mutual cooperation requires an explicit effort to improve mutual understanding among judicial authorities and different legal systems. European networks of national public authorities should deserve special attention and support in this respect.

               (6)

               The Conference of the European Constitutional Courts and the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union contribute, in particular by maintaining relevant databases, to an exchange of views and experience on matters concerning the case-law, organisation and functioning of their Members in the performance of their judicial and advisory functions with regard to Community law. It ought to be possible to co-finance the activities of the Conference and the Association to the extent that the expenditure is incurred in pursuing an objective of general European interest. However, such co-financing should not imply that a future programme would cover such networks, nor should it prejudice other European networks from benefiting from support to their activities in accordance with this Decision.

               (7)

               It is appropriate to stress the importance of information and communication with respect to the rights that citizenship of the Union confers on its citizens to improve their awareness of their rights and to provide them with easy access to reliable information.

               (8)

               Fostering an interfaith and multicultural dialogue at the level of the European Union would contribute to preserving and strengthening peace and fundamental rights.

               (9)

               The objectives of the programme should be complementary to those of the European Union Agency for Fundamental Rights established by Regulation (EC) No 168/2007 (3), and should focus on those areas where European added-value can be engendered. Appropriate coordination should be undertaken to these ends.

               (10)

               With a view to achieving complementarity and guaranteeing the best possible use of resources, it should be ensured that any duplication between the actions supported by the programme and the activities of international organisations competent in the field of fundamental rights, such as the Council of Europe, is avoided, while permitting joint activities for the achievement of the objectives of the programme. Appropriate coordination should be undertaken to these ends.

               (11)

               According to the principle of opening the Community programmes to the candidate countries and to the countries of the Western Balkans, as enshrined in the Thessaloniki Agenda, the programme should be open to the participation of the acceding countries, candidate countries and the Western Balkan countries. Such participation should necessitate fulfilling the general conditions of bilateral agreement and contribution to the programme budget. When it serves the objectives of the action concerned, it should also be possible for authorities, bodies or non-governmental organisations of countries not participating in the programme to be associated to individual actions as partners, without however them being the main beneficiaries of the project.

               (12)

               Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities’ financial interests (4), Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission (5) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF) (6).

               (13)

               Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (7), hereinafter ‘the Financial Regulation’, and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 (8), which safeguard the Community’s financial interests, should be applied taking into account the principles of simplicity and consistency in the choice of budgetary instruments, a limitation on the number of cases where the Commission retains direct responsibility for their implementation and management, and the required proportionality between the amount of resources and the administrative burden related to their use.

               (14)

               The Financial Regulation requires a basic act to be provided to cover operating grants.

               (15)

               In accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (9), measures for the implementation of this Decision should be adopted, with a distinction being made between those measures which are subject to the management committee procedure and those which are subject to the advisory committee procedure, the advisory committee being in certain cases, with a view to increased efficiency, the more appropriate.

               (16)

               The objectives of the programme, namely support to civil society associations, the fight against racism, xenophobia and anti-Semitism, the protection of fundamental rights and the protection of the Rights of the Citizen, through an interfaith and multicultural dialogue cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or impact of the programme, be better achieved at Community level. The Community may adopt measures in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty. In accordance with the principle of proportionality, as set out in that Article, this Decision does not go beyond what is necessary to achieve those objectives.

               (17)

               The Treaty does not provide, for the adoption of this Decision, powers other than those under Article 308.

               (18)

               In order to ensure the effective and timely implementation of the programme, this Decision should apply from 1 January 2007.

               (19)

               The Economic and Social Committee has delivered an opinion (10),

         HAS DECIDED AS FOLLOWS:
   Article 1
   Creation of the programme
   1.   This Decision establishes the programme ‘Fundamental Rights and Citizenship’, hereinafter referred to as ‘the programme’, as part of the general programme ‘Fundamental Rights and Justice’.
   2.   The programme shall cover the period from 1 January 2007 to 31 December 2013.
   3.   The Programme shall be implemented within the scope of application of Community law.
   Article 2
   General objectives
   1.   The programme shall have the following general objectives:

               (a)

               to promote the development of a European society based on respect for fundamental rights as recognised in Article 6(2) of the Treaty on European Union, including rights derived from citizenship of the Union;

               (b)

               to strengthen civil society and to encourage an open, transparent and regular dialogue with it in respect of fundamental rights;

               (c)

               to fight against racism, xenophobia and anti-Semitism and to promote a better interfaith and intercultural understanding and improved tolerance throughout the European Union;

               (d)

               to improve the contacts, exchange of information and networking between legal, judicial and administrative authorities and the legal professions, including by way of support to judicial training, with the aim of better mutual understanding among such authorities and professionals.

         2.   The general objectives of the programme are complementary to the objectives pursued by the European Union Agency for Fundamental Rights established by Regulation (EC) No 168/2007.
   3.   The general objectives of the programme shall contribute to the development and implementation of Community policies in full compliance with fundamental rights.
   Article 3
   Specific objectives
   The programme shall have the following specific objectives:

               (a)

               to promote fundamental rights as recognised in Article 6(2) of the Treaty on European Union and to inform all persons of their rights including those derived from citizenship of the Union, in order to encourage Union citizens to participate actively in the democratic life of the Union;

               (b)

               to examine, where necessary, respect for specific fundamental rights in the European Union and its Member States when implementing Community law, and to obtain opinions on specific questions related to fundamental rights within this scope;

               (c)

               to support non-governmental organisations and other bodies from civil society in order to enhance their capability to participate actively in the promotion of fundamental rights, the rule of law and democracy;

               (d)

               to create relevant structures in order to foster an interfaith and multicultural dialogue at the level of the European Union.

         Article 4
   Actions
   With a view to pursuing the general and specific objectives set out in Articles 2 and 3, the programme will support the following types of actions:

               (a)

               specific actions taken by the Commission, such as studies and research, opinion polls and surveys, formulation of indicators and common methodologies, collection, development and dissemination of data and statistics, seminars, conferences and expert meetings, organisation of public campaigns and events; development and maintenance of websites, preparation and dissemination of information material, support for and management of networks of national experts, analytical, monitoring and evaluation activities;

               (b)

               specific trans-national projects of Community interest presented by an authority or any other body of a Member State, an international or non-governmental organisation, and involving in any case at least two Member States or at least one Member State and one other state which may either be an acceding country or a candidate country, under the conditions set out in the annual work programmes;

               (c)

               support to the activities of non-governmental organisations or other entities pursuing an aim of general European interest in accordance with the general objectives of the programme under the conditions set out in the annual work programmes;

               (d)

               operating grants to co-finance expenditure associated with the permanent work programme of the Conference of the European Constitutional Courts and the Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union, which maintains certain databases providing for a European-wide collection of national judgments relating to the implementation of Community law, insofar as the expenditure is incurred in pursuing an objective of general European interest by promoting exchanges of views and experience on matters concerning the case-law, organisation and functioning of their members in the performance of their judicial and/or advisory functions with regard to Community law.

         Article 5
   Participation of third countries
   1.   The following countries, hereinafter referred to as ‘participating countries’, may participate in the actions of the programme: acceding countries, candidate countries and the Western Balkan countries included in the stabilisation and association process, in accordance with the conditions laid down in the association agreements or their additional protocols relating to participation in Community programmes concluded or to be concluded with those countries.
   2.   Actions under Article 4 may associate authorities, bodies or non-governmental organisations of countries not participating in the programme pursuant to paragraph 1, where this would contribute to the preparation for accession of the countries referred to in paragraph 1 or serve the objectives of the actions concerned.
   Article 6
   Target groups
   The programme is targeted at European Union citizens, citizens of participating countries or third country nationals legally residing within the European Union territory and civil society associations, among other groups active in promoting the objectives of the programme.
   Article 7
   Access to the programme
   1.   Access to the programme shall be open, inter alia, to institutions and public or private organisations, universities, research institutes, non-governmental organisations, national, regional and local authorities, international organisations and other not-for-profit organisations established in the European Union or in one of the countries participating, pursuant to Article 5.
   2.   The programme shall permit joint activities with international organisations competent in the field of fundamental rights, such as the Council of Europe, on the basis of joint contributions and in accordance with the various rules prevailing in each institution or organisation, for the achievement of the objectives of the programme.
   Article 8
   Types of intervention
   1.   Community funding may take the following legal forms:

               (a)

               grants;

               (b)

               public procurement contracts.

         2.   Community grants shall be awarded following calls for proposals, save in duly substantiated exceptional cases as provided for in the Financial Regulation and shall be provided through operating grants and grants to actions. The maximum rate of co-financing will be specified in the annual work programmes.
   3.   Furthermore, expenditure is foreseen for accompanying measures, through public procurement contracts, in which case Community funds will cover the purchase of goods and services. This will cover, inter alia, expenditure on information and communication, preparation, implementation, monitoring, checking and evaluation of projects, policies, programmes and legislation.
   Article 9
   Implementing measures
   1.   The Commission shall implement the Community Assistance in accordance with the Financial Regulation.
   2.   In order to implement the programme, the Commission shall, within the limits of the general objectives set out in Article 2, adopt an annual work programme specifying its specific objectives, thematic priorities, a description of accompanying measures envisaged in Article 8 and if necessary a list of other actions.
   3.   The annual work programme shall be adopted in accordance with the procedure set out in Article 10(3).
   4.   The evaluation and award procedures relating to grants to actions shall take into account, inter alia, the following criteria:

               (a)

               conformity with the annual work programme, the general objectives as specified in Article 2 and measures taken in the different domains as specified in Articles 3 and 4;

               (b)

               quality of the proposed action regarding its conception, organisation, presentation and expected results;

               (c)

               amount requested for Community financing and its appropriateness as to expected results;

               (d)

               impact of the expected results on the general objectives defined in Article 2 and on measures taken in the different domains as specified in Articles 3 and 4.

         5.   The applications for operating grants, referred to in Article 4(b) and (c), shall be assessed in the light of:

               (a)

               consistency with the programme objectives;

               (b)

               quality of the planned activities;

               (c)

               likely multiplier effect on the public of these activities;

               (d)

               geographic impact of the activities carried out;

               (e)

               citizen involvement in the organisation of the bodies concerned;

               (f)

               cost/benefit ratio of the activity proposed.

         6.   The Decisions related to actions submitted under Article 4(b) and (c) shall be taken by the Commission in accordance with the procedure referred to in Article 10(2).
   7.   Pursuant to Article 113(2) of the Financial Regulation, the principle of gradual reduction shall not apply to the operating grant given to the Conference of the European Constitutional Courts and the Association of the Council of States and Supreme Administrative Jurisdictions of the European Union insofar as they pursue an objective of general European interest.
   Article 10
   Committee
   1.   The Commission shall be assisted by a Committee (hereinafter referred to as the Committee).
   2.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply.
   3.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
   The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at three months.
   4.   The Committee shall adopt its Rules of Procedure.
   Article 11
   Complementarity
   1.   Synergies and complementarity with other Community instruments shall be sought, particularly the Framework programmes ‘Security and Safeguarding Liberties’ and ‘Solidarity and Management of Migration Flows’, as well as the programme ‘Progress’. Complementarity with the European Union Agency for Fundamental Rights shall be secured. The statistical element of information on fundamental rights and citizenship shall be developed in collaboration with Member States, on the basis of available data using as necessary the Community Statistical Programme.
   2.   The programme may share resources with other Community instruments, in particular the general programmes ‘Security and Safeguarding Liberties’ and ‘Solidarity and Management of Migration Flows’, in order to implement actions meeting the objectives of all programmes.
   3.   Operations financed under this Decision shall not receive assistance for the same purpose from other Community financial instruments. It shall be ensured that the beneficiaries of this Decision shall provide the Commission with information about funding received from the Community budget and from other sources, as well as information about ongoing applications for funding.
   Article 12
   Budgetary resources
   The budgetary resources allocated to the actions provided for in the programme shall be entered in the annual appropriations of the general budget of the European Union. The available annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.
   Article 13
   Monitoring
   1.   The Commission shall ensure that for any action financed by the programme, the beneficiary shall submit, technical and financial reports on the progress of work. A final report shall also be submitted within three months of the completion of the action. The Commission shall determine the form and content of the reports.
   2.   The Commission shall ensure that contracts and agreements resulting from the implementation of the programme provide in particular for supervision and financial control by the Commission (or any representative authorised by it), if necessary by means of on-the-spot checks, including sample checks, and audits by the Court of Auditors.
   3.   The Commission shall ensure that for a period of five years following the last payment in respect of any action, the beneficiary of financial assistance shall keep available for the Commission all the supporting documents regarding expenditure on the action.
   4.   On the basis of the results of the reports and the on-the-spot checks referred to in paragraphs 1 and 2, the Commission shall ensure that, if necessary, the scale or the conditions of allocation of the financial assistance originally approved and also the timetable for payments are adjusted.
   5.   The Commission shall ensure that every other step necessary to verify that the actions financed are carried out properly and in compliance with the provisions of this Decision and the Financial Regulation is taken.
   Article 14
   Protection of Community financial interests
   1.   The Commission shall ensure that, when actions financed under this Decision are implemented, the financial interests of the Community are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of the amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Regulation (EC, Euratom) No 2988/95, Regulation (Euratom, EC) No 2185/96 and Regulation (EC) No 1073/1999.
   2.   For Community actions financed under the programme, Regulation (EC, Euratom) No 2988/95 and Regulation (Euratom, EC) No 2185/96 shall apply to any infringement of a provision of Community law, including infringements of a contractual obligation stipulated on the basis of the programme, resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the European Union or budgets managed by it, by an unjustified item of expenditure.
   3.   The Commission shall ensure that the amount of financial assistance granted for an action is reduced, suspended or recovered if it finds irregularities, including non-compliance with the provisions of this Decision or the individual decision or the contract or agreement granting the financial support in question, or if it transpires that, without Commission approval having being sought, the action has been subjected to a change which conflicts with the nature or implementing conditions of the project.
   4.   If the time limits have not been observed or if only part of the allocated financial assistance is justified by the progress made with implementing an action, the Commission shall ensure that the beneficiary will submit observations within a specified period. If the beneficiary does not give a satisfactory answer, the Commission shall ensure that the remaining financial assistance is cancelled and shall demand repayment of sums already paid.
   5.   The Commission shall ensure that any undue payment is repaid to the Commission. Interest shall be added to any sums not repaid in good time under the conditions laid down by the Financial Regulation.
   Article 15
   Evaluation
   1.   The programme will be monitored regularly in order to follow the implementation of the activities carried out thereunder.
   2.   The Commission shall ensure the regular, independent and external evaluation of the programme.
   3.   The Commission shall submit to the European Parliament and the Council:

               (a)

               an annual presentation on the implementation of the programme;

               (b)

               an interim evaluation report on the results obtained and the qualitative and quantitative aspects of the implementation of the programme, including on the work carried out by the beneficiaries of operating grants referred to in Article 4(d), not later than 31 March 2011;

               (c)

               a Communication on the continuation of the programme not later than 30 August 2012;

               (d)

               an ex post evaluation report not later than 31 December 2014.

         Article 16
   Publication of actions
   Each year the Commission shall publish the list of actions financed under the programme together with a short description of each project.
   Article 17
   Entry into force
   This Decision shall take effect on the day following its publication in the Official Journal of the European Union.
   It shall apply from 1 January 2007.

      Done at Brussels, 19 April 2007.

            For the Council

            The President

         B. ZYPRIES

      (1)  Opinion delivered on 14 December 2006 (not yet published in the Official Journal).

      (2)  OJ C 364, 18.12.2000, p. 1.

      (3)  OJ L 53, 22.2.2007, p. 1.

      (4)  OJ L 312, 23.12.1995, p. 1.

      (5)  OJ L 292, 15.11.1996, p. 2.

      (6)  OJ L 136, 31.5.1999, p. 1.

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

      (8)  OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 1248/2006 (OJ L 227, 19.8.2006, p. 3).

      (9)  OJ L 184, 17.7.1999, p. 23. Decision as last amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

      (10)  OJ C 69, 21.3.2006.


title: Council Decision 2011/641/CFSP of 29 September 2011 amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova

text:
               30.9.2011

               EN

               Official Journal of the European Union

               L 254/18

         COUNCIL DECISION 2011/641/CFSP
   of 29 September 2011
   amending Decision 2010/573/CFSP concerning restrictive measures against the leadership of the Transnistrian region of the Republic of Moldova
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Whereas:

               (1)

               On 27 September 2010, the Council adopted Decision 2010/573/CFSP (1).

               (2)

               On the basis of a review of Decision 2010/573/CFSP, the restrictive measures should be extended until 30 September 2012.

               (3)

               However, in order to encourage progress in reaching a political settlement to the Transnistrian conflict, addressing the remaining problems regarding the Latin-script schools and restoring the free movement of persons, those restrictive measures should be suspended until 31 March 2012. At the end of that period, the Council will review the restrictive measures in the light of developments, notably in the areas mentioned above. The Council may decide to reapply or lift travel restrictions at any time.

               (4)

               The information relating to certain persons included in the lists in Annexes I and II to Decision 2010/573/CFSP should be updated.

               (5)

               Decision 2010/573/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Decision 2010/573/CFSP is hereby amended as follows:

               (1)

               Article 4(2) is replaced by the following:
               ‘2.   This Decision shall apply until 30 September 2012. It shall be kept under constant review. It may be renewed or amended, as appropriate, if the Council deems that its objectives have not been met.’;

               (2)

               Article 4(3) is replaced by the following:
               ‘3.   The restrictive measures provided for in this Decision shall be suspended until 31 March 2012. At the end of that period, the Council shall review the restrictive measures.’.

         Article 2
   1.   In Annex I to Decision 2010/573/CFSP, the entries for the following persons:

               (1)

               Oleg Igorevich SMIRNOV;

               (2)

               Oleg Andreyevich GUDYMO,

         shall be replaced by the entries set out in Annex I to this Decision.
   2.   In Annex II to Decision 2010/573/CFSP, the entry for the following person:

               (1)

               Alla Viktorovna CHERBULENKO,

         shall be replaced by the entry set out in Annex II to this Decision.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 29 September 2011.

            For the Council

            The President

         M. KOROLEC

      (1)  OJ L 253, 28.9.2010, p. 54.

      ANNEX I

         Entries referred to in Article 2(1)

                     ‘3.

                     SMIRNOV, Oleg Igorevich, son of No 1 and former “Adviser to the State Customs Committee”, former “Member of the Supreme Soviet”, born on 8 August 1967 in Novaya Kakhovka, Khersonskaya oblast, Ukraine, Russian passport No 60No1907537.’.

                     ‘9.

                     GUDYMO, Oleg Andreyevich, former “Member of the Supreme Soviet”, former “Chairman of the Committee on Security, Defence and Peacekeeping of the Supreme Soviet”, former “Deputy Minister of Security”, born on 11 September 1944 in Alma-Ata, Kazakhstan, Russian passport No 51No0592094.’.

      ANNEX II

         Entry referred to in Article 2(2)

                     ‘3.

                     CHERBULENKO, Alla Viktorovna, former “Deputy Head of State Administration of Rybnitsa”, responsible for education issues.’.


title: 2013/333/EU: Council Decision of 25 June 2013 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 30 to the EEA Agreement, on specific provisions on the organization of cooperation in the field of statistics

text:
               28.6.2013

               EN

               Official Journal of the European Union

               L 177/25

         COUNCIL DECISION
   of 25 June 2013
   on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Protocol 30 to the EEA Agreement, on specific provisions on the organization of cooperation in the field of statistics
   (2013/333/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 338(1), in conjunction with Article 218(9) thereof,
   Having regard to Council Regulation (EC) No 2894/94 of 28 November 1994 concerning arrangements for implementing the Agreement on the European Economic Area (1), and in particular Article 1(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

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

               (2)

               Pursuant to Article 98 of the EEA Agreement, the EEA Joint Committee may decide to amend, inter alia, Protocol 30 thereto.

               (3)

               Protocol 30 to the EEA Agreement contains specific provisions on the organization of cooperation in the field of statistics.

               (4)

               Regulation (EU) No 99/2013 of the European Parliament and of the Council of 15 January 2013 on the European statistical programme 2013-17 (3) sets the financial envelope for 2013 for the implementation of the European statistical programme 2013-17. The financial allocation for the period 2014 to 2017 is yet to be decided upon.

               (5)

               The EEA statistical programme 2013 should be based on Regulation (EU) No 99/2013 and should include those programme elements which are necessary for the description and monitoring of all relevant economic, social and environmental aspects of the European Economic Area.

               (6)

               Protocol 30 to the EEA Agreement should therefore be amended accordingly.

               (7)

               That amendment should apply from 1 January 2013 in order to allow for this extended cooperation from that date.

               (8)

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

         HAS ADOPTED THIS DECISION:
   Article 1
   The position to be adopted, on behalf of the European Union, within the EEA Joint Committee on the proposed amendment to Protocol 30 to the EEA Agreement shall be based on the draft Decision of the EEA Joint Committee attached to this Decision.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 25 June 2013.

            For the Council

            The President

         E. GILMORE

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

      (2)  OJ L 1, 3.1.1994, p. 3.

      (3)  OJ L 39, 9.2.2013, p. 12.

      DRAFT
      DECISION OF THE EEA JOINT COMMITTEE No …/…
      of
      amending Protocol 30 to the EEA Agreement, on specific provisions on the organization of cooperation in the field of statistics
      THE EEA JOINT COMMITTEE,
      Having regard to the Agreement on the European Economic Area ("the EEA Agreement"), and in particular Article 98 thereof,
      Whereas:

                  (1)

                  Regulation (EU) No 99/2013 of the European Parliament and of the Council of 15 January 2013 on the European statistical programme 2013-17 (1) sets the financial envelope for 2013 for the implementation of the European statistical programme 2013-17. The financial allocation for the period 2014 to 2017 is yet to be decided upon.

                  (2)

                  The EEA statistical programme 2013 should be based on Regulation (EU) No 99/2013 and should include those programme elements which are necessary for the description and monitoring of all relevant economic, social and environmental aspects of the European Economic Area.

                  (3)

                  Protocol 30 to the EEA Agreement should therefore be amended in order to allow for this extended cooperation to take place from1 January 2013.

            HAS ADOPTED THIS DECISION:
      Article 1
      The following is inserted after Article 4 (Modernisation of European Enterprises and Trade Statistics (MEETS)) of Protocol 30 to the EEA Agreement:

         "Article 5
         Statistical Programme 2013
         1.   The following act is the object of this Article:

                     —

                        32013 R 0099: Regulation (EU) No 99/2013 of the European Parliament and of the Council of 15 January 2013 on the European statistical programme 2013-17 (OJ L 39, 9.2.2013, p. 12).

               2.   The European statistical programme 2013-17 as established by Regulation (EU) No 99/2013 shall constitute the framework for the EEA statistical actions to be carried out between 1 January 2013 and 31 December 2013. All main fields of the European statistical programme 2013-17 shall be considered to be relevant for the EEA statistical cooperation and shall be open for full participation by the EFTA States.
         3.   A specific EEA Statistical Programme for 2013 shall be developed jointly by the EFTA Statistical Office and Eurostat. The EEA Statistical Programme for 2013 shall be based on a subset of, and be drawn up in parallel with the annual work programme elaborated by the Commission in accordance with Regulation (EU) No 99/2013. The EEA Statistical Programme for 2013 shall be approved by the Contracting Parties according to their own internal procedures.
         4.   For 2013, the EFTA States shall contribute financially in accordance with Article 82(1)(a) of the Agreement and the Financial Regulations thereto to an amount representing 75 per cent of the amount shown in budget lines 29 02 05 (European statistical programme 2013-17) and 29 01 04 05 (Statistical information policy – Expenditure on administrative management) entered in the budget of the European Union for 2013."

      Article 2
      This Decision shall enter into force on the day following the last notification under Article 103(1) of the EEA Agreement (2).
      It shall apply from 1 January 2013.
      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, ….

               For the EEA Joint Committee

               The President

               The Secretaries to the EEA Joint Committee

         (1)  OJ L 39, 9.2.2013, p. 12.

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


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31998D0627

98/627/CFSP: Council Decision of 9 November 1998 adopted on the basis of Article J.3 of the Treaty on European Union concerning a specific action of the Union in the field of assistance for mine clearance

Official Journal L 300 , 11/11/1998 P. 0001 - 0001

COUNCIL DECISION of 9 November 1998 adopted on the basis of Article J.3 of the Treaty on European Union concerning a specific action of the Union in the field of assistance for mine clearance (98/627/CFSP)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty on European Union, and in particular Articles J.3 and J.11(2) thereof,Whereas the Council adopted on 1 October 1996 Joint Action 96/588/CFSP (1) on anti-personnel landmines; whereas the Council adopted on 28 November 1997 a new Joint Action 97/817/CFSP (2) on anti-personnel landmines with a view to updating and further developing the initiatives carried out by the European Union under the first joint action;Whereas these joint actions provide for the possibility of specific actions of the Union in the field of mine clearance and indicate that such actions could take the form of training of mine clearance specialists and mine clearance instructors;Whereas an action consisting of coordinating, supervising and training mine clearance specialists and instructors is particularly needed in Croatia and could usefully complement international efforts in the field of mine clearance assistance,HAS DECIDED AS FOLLOWS:Article 1 A specific action of the European Union in the field of mine clearance shall consist of coordinating, supervising and training mine clearance specialists and mine clearance instructors in Croatia.Article 2 1. An amount of up to ECU 435 000 to cover the operational expenditure to which the implementation of the Decision gives rise shall be charged to the budget of the European Communities.2. The expenditure financed by the amount stipulated above shall be managed in compliance with the European Community procedures and rules applicable to the budget.Article 3 This Decision shall be notified to the Western European Union (WEU) in accordance with the conclusions adopted by the Council on 14 May 1996 on the transmission to the WEU of documents of the European Union.Article 4 This Decision shall enter into force on the date of its adoption.Article 5 This Decision shall be published in the Official Journal.Done at Brussels, 9 November 1998.For the CouncilThe PresidentW. SCHÜSSEL(1) OJ L 260, 12. 10. 1996, p. 1.(2) OJ L 338, 9. 12. 1997, p. 1.


title: 2013/19/EU: Decision of the European Parliament and of the Council of 12 December 2012 on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2012/006 FI/Nokia Salo from Finland)

text:
               12.1.2013

               EN

               Official Journal of the European Union

               L 8/18

         DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 12 December 2012
   on the mobilisation of the European Globalisation Adjustment Fund, in accordance with point 28 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (application EGF/2012/006 FI/Nokia Salo from Finland)
   (2013/19/EU)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Interinstitutional Agreement of 17 May 2006 between the European Parliament, the Council and the Commission on budgetary discipline and sound financial management (1), and in particular point 28 thereof,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (2), and in particular Article 12(3) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

               (2)

               The Interinstitutional Agreement of 17 May 2006 allows the mobilisation of the EGF within the annual ceiling of EUR 500 million.

               (3)

               Finland submitted an application on 4 July 2012 to mobilise the EGF, in respect of redundancies in the enterprise Nokia plc (Salo) and supplemented it by additional information up to 21 August 2012. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission, therefore, proposes to mobilise an amount of EUR 5 346 000.

               (4)

               The EGF should, therefore, be mobilised in order to provide a financial contribution for the application submitted by Finland,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2012, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 5 346 000 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 12 December 2012.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         A. D. MAVROYIANNIS

      (1)  OJ C 139, 14.6.2006, p. 1.

      (2)  OJ L 406, 30.12.2006, p. 1.


Avis juridique important

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31990D0192

90/192/EEC: Council Decision of 29 March 1990 concerning the conclusion of an Agreement between the European Economic Community and the Republic of Iceland establishing cooperation in the field of training in the context of the implementation of COMETT II (1990-1994)

Official Journal L 102 , 21/04/1990 P. 0021

COUNCIL DECISION of 29 March 1990 concerning the conclusion of an Agreement between the European Economic Community and the Republic of Iceland establishing cooperation in the field of training in the context of the implementation of Comett II  (1990-1994) (90/192/EEC) THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,  Having regard to the proposal from the Commission (1),  Having regard to the oppinion of the European Parliament (2),  Whereas, by Decision 89/27/EEC (3), the Council adopted the second phase of the programme for cooperation between universities and industry regarding training in the field of technology (Comett II) (1990-1994);  Whereas, by Decision of 22 May 1989, the Council adopted the opening of the Comett II programme to the European Free Trade Association (EFTA) countries and Article 1 of that Decision authorizes the Commission to negotiate - with those EFTA countries  which so wish - cooperation agreements in the field of training in technology in the context of the implementation of Comett II;  Whereas a cooperation Agreement with Iceland enriches, by its very nature, the impact of Comett II actions throughout the Community and will strengthen the skill levels of human resources in Europe,  HAS DECIDED AS FOLLOWS:    Article 1 The Agreement between the European Economic Community and the Republic of Iceland establishing cooperation in the field of training in the context of the implementation of Comett II (1990-1994) is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2 The President of the Council shall, on behalf of the Community, give the notification as provided for in Article 15 of the Agreement.   Done at Brussels, 29 March 1990.  For the Council The President J. P. WILSON   (1) OJ No C 239, 14. 9. 1988, p. 3. (2) OJ No C 96, 17. 4. 1990. (3) OJ No L 13, 17. 1. 1989, p. 28.


Avis juridique important

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32002D0417

2002/417/EC: Commission Decision of 3 June 2002 adjusting the weightings applicable from 1 August, 1 September, 1 October, 1 November and 1 December 2001 to the remuneration of officials of the European Communities serving in third countries

Official Journal L 150 , 08/06/2002 P. 0068 - 0070

Commission Decisionof 3 June 2002adjusting the weightings applicable from 1 August, 1 September, 1 October, 1 November and 1 December 2001 to the remuneration of officials of the European Communities serving in third countries(2002/417/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to the Staff Regulations of officials of the European Communities and the conditions of employment of other servants of the Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68(1), as last amended by Regulation (EC, ECSC, Euratom) No 2581/2001(2), and in particular the second paragraph of Article 13 of Annex X thereto,Whereas:(1) Pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations, Council Regulation (EC, ECSC, Euratom) No 302/2002(3) laid down the weightings to be applied from 1 July 2001 to the remuneration of officials serving in third countries, payable in the currency of their country of employment.(2) The Commission has made a number of adjustments to these weightings(4) in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations.(3) Some of these weightings should be adjusted with effect from 1 August, 1 September, 1 October, 1 November and 1 December 2001 given that the statistics available to the Commission show that in certain third countries the variation in the cost of living measured on the basis of the weighting and the corresponding exchange rate has exceeded 5 % since weightings were last laid down or adjusted,HAS DECIDED AS FOLLOWS:Sole ArticleWith effect from 1 August, 1 September, 1 October, 1 November and 1 December 2001 the weightings applicable to the remuneration of officials serving in third countries payable in the currency of their country of employment are adjusted as shown in the Annex.The exchange rates for the calculation of such remuneration shall be those used for implementation of the general budget of the European Communities for the month preceding the dates referred to in the first paragraph.Done at Brussels, 3 June 2002.For the CommissionChristopher PattenMember of the Commission(1) OJ L 56, 4.3.1968, p. 1.(2) OJ L 345, 29.12.2001, p. 1.(3) OJ L 47, 19.2.2002, p. 4.(4) OJ L 321, 6.12.2001, p. 31.


title: Decision (EU) 2015/299 of the European Central Bank of 10 February 2015 amending Decision ECB/2014/34 on measures relating to targeted longer-term refinancing operations (ECB/2015/5)

text:
               25.2.2015

               EN

               Official Journal of the European Union

               L 53/27

         DECISION (EU) 2015/299 OF THE EUROPEAN CENTRAL BANK
   of 10 February 2015
   amending Decision ECB/2014/34 on measures relating to targeted longer-term refinancing operations (ECB/2015/5)
   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 first indent of Article 3.1, Article 12.1, the second indent of Article 18.1 and the second indent of Article 34.1 thereof,
   Having regard to Guideline ECB/2011/14 of 20 September 2011 on monetary policy instruments and procedures of the Eurosystem (1),
   Whereas:

               (1)

               Pursuant to Section 1.6 of Annex I to Guideline ECB/2011/14, the Governing Council may, at any time, change the instruments, conditions, criteria and procedures for the execution of Eurosystem monetary policy operations.

               (2)

               On 22 January 2015, in order to support the effectiveness of the targeted longer-term refinancing operations (TLTROs), the Governing Council decided to eliminate the 10 basis points spread over the rate for main refinancing operations (MROs) for the TLTROs to be conducted between March 2015 and June 2016. The elimination of the spread reflects the reduction in term premia of market-based funding instruments for institutions since the announcement of TLTROs on 5 June 2014. The decision does not affect the interest rate which is applied to the first TLTROs conducted in September and December 2014. This rate therefore remains unchanged, i.e. it is fixed over the life of each operation at the rate for MROs prevailing at the time of the tender announcement in respect of the relevant TLTRO, plus a fixed spread of 10 basis points.

               (3)

               In addition, certain minor corrections are required to Decision ECB/2014/34 (2).

               (4)

               Therefore, Decision ECB/2014/34 should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Amendments
   Decision ECB/2014/34 is amended as follows:

               1.

               Article 5 is replaced by the following:
               ‘Article 5
               Interest
               With respect to the TLTROs conducted in September 2014 and December 2014, the interest rate applicable shall be fixed over the life of each operation at the rate for main refinancing operations prevailing at the time of the tender announcement in respect of the relevant TLTRO, plus a fixed spread of 10 basis points. With respect to the TLTROs conducted from March 2015 to June 2016, the interest rate applicable shall be fixed over the life of each operation at the rate for main refinancing operations prevailing at the time of the tender announcement in respect of the relevant TLTRO.
               Interest shall be payable in arrears upon maturity of the operation, or upon early repayment as provided in Articles 6 and 7, as applicable.’;

               2.

               in Annex I, in paragraph 1 (Calculation of borrowing limits), the second table is replaced by the following:

                           ‘k

                           Month of TLTRO

                           Allotment reference month

                           CNLk

                           3

                           Mar. 2015

                           Jan. 2015

                              NLMay

                              2014 + NLJune

                              2014 + … + NLJan

                              2015

                           4

                           June 2015

                           Apr. 2015

                              NLMay

                              2014 + NLJune

                              2014 + … + NLApr

                              2015

                           5

                           Sept. 2015

                           July 2015

                              NLMay

                              2014 + NLJune

                              2014 + … + NLJul

                              2015

                           6

                           Dec. 2015

                           Oct. 2015

                              NLMay

                              2014 + NLJune

                              2014 + … + NLOct

                              2015

                           7

                           Mar. 2016

                           Jan. 2016

                              NLMay2014 + NLJune2014 + … + NLJan2016

                           8

                           June 2016

                           Apr. 2016

                              NLMay

                              2014 + NLJune

                              2014 + … + NLApr

                              2016’

               3.

               in Annex I, in paragraph 2 (Calculation of mandatory early repayments), the formula for ‘The mandatory early repayment in September 2016 of a participant’ is replaced by the following:
               ‘, if’

               4.

               in Annex I, the third footnote is replaced by the following:
               ‘For the TLTRO to be conducted in March 2015 (k = 3), the constraint is C
                  3 ≤ max{0, AA
                  3}.’;

               5.

               in Annex II, the fourth footnote is replaced by the following:
               ‘The sector classification of holding corporations of non-financial corporations in Regulation (EC) No 25/2009 (ECB/2008/32) has been amended in Regulation (EU) No 1071/2013 (ECB/2013/33) to reflect changes in international statistical standards. Under Regulation (EU) No 1071/2013 (ECB/2013/33), holding corporations of non-financial corporations are reclassified as financial corporations. TLTRO reporting must in principle be in line with the BSI framework: with effect from December 2014 data should not cover holding corporations and adjustments should be transmitted accordingly.’;

               6.

               in Annex II, the thirteenth footnote is replaced by the following:
               ‘The effects of the reclassification of holding corporations of non-financial corporations as financial corporations, which took place in December 2014, should be recorded under item 3.2C.’.
         Article 2
   Entry into force
   This Decision shall enter into force on 10 February 2015.

      Done at Frankfurt am Main, 10 February 2015.

            The President of the ECB

         Mario DRAGHI

      (1)  OJ L 331, 14.12.2011, p. 1.

      (2)  Decision ECB/2014/34 of 29 July 2014 on measures relating to targeted longer-term refinancing operations (OJ L 258, 29.8.2014, p. 11).


title: 2007/511/EC: Council Decision of 15 February 2007 on the conclusion, on behalf of the Community, of an Arrangement between the European Community and the Republic of Iceland and the Kingdom of Norway on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union

text:
               20.7.2007

               EN

               Official Journal of the European Union

               L 188/15

      COUNCIL DECISION

   of 15 February 2007
   on the conclusion, on behalf of the Community, of an Arrangement between the European Community and the Republic of Iceland and the Kingdom of Norway on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union
   (2007/511/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 62(2)(a) and Article 66 in conjunction with the first sentence of the first subparagraph of Article 300(2) and the first subparagraph of Article 300(3) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Whereas:

               (1)

               According to Article 21(3) of Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (2), countries associated with the implementation, application and development of the Schengen acquis are to participate in the Agency. The modalities of their participation are to be determined in further arrangements to be concluded between the Community and those countries.

               (2)

               Following the authorisation given to the Commission on 7 October 2004, negotiations with the Republic of Iceland and the Kingdom of Norway for an Arrangement on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union have been concluded.

               (3)

               In accordance with Articles 1 and 2 of the Protocol on the position of Denmark annexed to the Treaty on European Union and to the Treaty establishing the European Community, Denmark is not taking part in the adoption of this Decision and is not bound by it, or subject to its application. Since this Decision builds upon the Schengen acquis under the provisions of Title IV of Part Three of the Treaty establishing the European Community, Denmark should, in accordance with Article 5 of the said Protocol, decide within a period of six months after the Council has adopted this Decision whether it will implement it in its national law or not.

               (4)

               This Decision constitutes a development of provisions of the Schengen acquis in which the United Kingdom does not take part, in accordance with 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
                   (3). The United Kingdom is therefore not taking part in its adoption and is not bound by it, or subject to its application.

               (5)

               This Decision constitutes a development of provisions of the Schengen acquis in which Ireland does not take part, in accordance with 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
                   (4). Ireland is therefore not taking part in its adoption and is not bound by it, or subject to its application.

               (6)

               According to Council Decision 2007/512/EC (5), and pending its final conclusion at a later date, the Arrangement has been signed on behalf of the Community on 1 February 2007.

               (7)

               The Arrangement should be concluded,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Arrangement between the European Community and the Republic of Iceland and the Kingdom of Norway on the modalities of the participation by those States in the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union is hereby approved on behalf of the Community.
   The text of the Arrangement is attached to this Decision (6).
   Article 2
   The President of the Council is hereby authorised to designate the person empowered to deposit on behalf of the Community the instrument of approval provided for in Article 9(1) of the Arrangement in order to express the consent of the Community to be bound.

      Done at Brussels, 15 February 2007.

            For the Council

            The President

         W. SCHÄUBLE

      (1)  Opinion of the European Parliament of 12 December 2006 (not yet published in the Official Journal).

      (2)  OJ L 349, 25.11.2004, p. 1.

      (3)  OJ L 131, 1.6.2000, p. 43.

      (4)  OJ L 64, 7.3.2002, p. 20.

      (5)  See page 17 of this Official Journal.

      (6)  See page 19 of this Official Journal.


Avis juridique important

|

31992D0251

92/251/EEC: Decision of the European Parliament of 8 April 1992 granting discharge to the Commission in respect of the financial management of the fourth European Development Fund for the 1990 financial year

Official Journal L 127 , 13/05/1992 P. 0024 - 0024

DECISION OF THE EUROPEAN PARLIAMENT  of 8 April 1992  granting discharge to the Commission in respect of the financial management of the fourth European Development Fund for the 1990 financial year  (92/251/EEC)THE EUROPEAN PARLIAMENT,  - having regard to the Treaty establishing the European Economic Community,  - having regard to the first ACP-EEC Lomé Convention (1),  - having regard to the balance sheets and administrative accounts of the fourth, fifth and sixth European Development Funds for the 1990 financial year [COM (91) 0132],  - having regard to the report of the Court of Auditors for the 1990 financial year, and the replies of the institutions (2),  - having regard to the recommendation of the Council of 16 March 1992 concerning the granting of this discharge (C3-0114/92),  - whereas the Treaty of 22 July 1975 empowers the European Parliament to grant discharge in respect of the financial management of the Community,  - having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (A3-0113/92),  1. Grants discharge to the Commission in respect of the financial management of the fourth European Development Fund for the 1990 financial year on the basis of the following amounts:  payments: ECU 22 060 000  2. Records its observations in the resolution which forms part of this decision;  3. Instructs its President to forward this decision and the resolution containing its observations to the Commission, the Council, the Court of Auditors and the European Investment Bank and to have them published in the Official Journal of the European  Communities (L series). Done at Strasbourg, 8 April 1992.   The Secretary-General  The President  Enrico VINCI  Dr Egon KLEPSCH   (1) OJ No L 25, 30. 1. 1976. (2) OJ No C 324, 13. 12. 1991.


Avis juridique important

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31990D0024

90/24/Euratom: Commission Decision of 12 January 1990 concerning the final conclusion, on behalf of the European Atomic Energy Community, of the Framework Agreement for scientific and technical cooperation between the European Communities and the Republic of Iceland

Official Journal L 014 , 18/01/1990 P. 0022 - 0022

*****COMMISSION  DECISION  of 12 January 1990  concerning the final conclusion, on behalf of the European Atomic Energy Community, of the Framework Agreement for scientific and technical cooperation between the European Communities and the Republic of Iceland  (90/24/Euratom)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,  Whereas the Framework Agreement for scientific and technical cooperation between the European Communities and the Republic of Iceland (1) was signed on 30 October 1989;  Whereas by Council Decision of 19 June 1989, the Council approved this Framework Agreement for the purposes of final conclusion by the Commission on behalf of the European Atomic Energy Community;  Whereas this Framework Agreement should be finally concluded on behalf of the European Atomic Energy Community;  HAS DECIDED AS FOLLOWS:  Article 1  The Framework Agreement for scientific and technical cooperation between the European Communities and the Republic of Iceland is hereby finally concluded on behalf of the European Atomic Energy Community.  Article 2  The President of the Commission shall give the notification provided for in Article 12 of the Framework Agreement on behalf of the European Atomic Energy Community.  Done at Brussels, 12 January 1990.  For the Commission  The President  Jacques DELORS


title: 2011/42/EU: Council Decision of 18 January 2011 appointing one Polish member and one Polish alternate member of the Committee of the Regions

text:
               22.1.2011

               EN

               Official Journal of the European Union

               L 19/18

         COUNCIL DECISION
   of 18 January 2011
   appointing one Polish member and one Polish alternate member of the Committee of the Regions
   (2011/42/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal from the Polish Government,
   Whereas:

               (1)

               On 22 December 2009 and 18 January 2010, the Council adopted Decisions 2009/1014/EU and 2010/29/EU appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015 (1).

               (2)

               A member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Jerzy KROPIWNICKI.

               (3)

               An alternate member’s seat will become vacant following the appointment of Mr Tadeusz TRUSKOLASKI as a member of the Committee of the Regions,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2015:

               (a)

               as a member:

                           —

                           Tadeusz TRUSKOLASKI, Prezydent Miasta Białegostoku;

                     and

               (b)

               as alternate member:

                           —

                           Pawel ADAMOWICZ, Prezydent Miasta Gdańska.

         Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 18 January 2011.

            For the Council

            The President

         Gy. MATOLCSY

      (1)  OJ L 348, 29.12.2009, p. 22, and OJ L 12, 19.1.2010, p. 11.