title: Council Decision of 3 June 2010 on the signing and provisional application of the Agreement between the European Union and the Government of the Socialist Republic of Vietnam on certain aspects of air services

text:
               5.11.2010

               EN

               Official Journal of the European Union

               L 288/1

         COUNCIL DECISION
   of 3 June 2010
   on the signing and provisional application of the Agreement between the European Union and the Government of the Socialist Republic of Vietnam on certain aspects of air services
   (2010/666/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               By its Decision of 5 June 2003, the Council authorised the Commission to open negotiations with third countries on the replacement of certain provisions in existing bilateral agreements with an agreement at Union level.

               (2)

               On behalf of the Union, the Commission has negotiated an Agreement with the Government of the Socialist Republic of Vietnam on certain aspects of air services (hereinafter ‘the Agreement’) in accordance with the mechanisms and directives in the Annex to the Council Decision of 5 June 2003.

               (3)

               The Agreement negotiated by the Commission should be signed and provisionally applied, subject to its conclusion at a later date,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing of the Agreement between the European Union and the Government of the Socialist Republic of Vietnam on certain aspects of air services is hereby approved on behalf of the Union, subject to the conclusion of the Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union subject to its conclusion.
   Article 3
   Pending its entry into force, the Agreement shall be applied provisionally from the first day of the first month following the date on which the parties have notified each other of the completion of the necessary procedures for this purpose (1).
   Article 4
   The President of the Council is hereby authorised to make the notification provided for in Article 7(2) of the Agreement.
   Article 5
   This Decision shall enter into force on the date of its adoption.
   Article 6
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 3 June 2010.

            For the Council

            The President

         A. PÉREZ RUBALCABA

      (1)  The date from which the Agreement will be provisionally applied will be published in the Official Journal of the European Union by the General Secretariat of the Council.
    ---documentbreak---

               5.11.2010

               EN

               Official Journal of the European Union

               L 288/1

         AGREEMENT
   between the European Union and the Government of the Socialist Republic of Vietnam on certain aspects of air services
   THE EUROPEAN UNION,
   of the one part, and
   THE GOVERNMENT OF THE SOCIALIST REPUBLIC OF VIETNAM,
   of the other part,
   (hereinafter referred to as ‘the Parties’),
   NOTING that bilateral air service agreements have been concluded between seventeen Member States of the European Union and the Government of the Socialist Republic of Vietnam containing provisions contrary to the law of the European Union;
   NOTING that the European Union has exclusive competence with respect to several aspects that may be included in bilateral air service agreements between Member States of the European Union and third countries;
   NOTING that under the law of the European Union, European Union air carriers established in a Member State have the right to non-discriminatory access to air routes between the Member States of the European Union and third countries;
   HAVING REGARD to the agreements between the European Union and certain third countries providing for the possibility for the nationals of such third countries to acquire ownership in air carriers licensed in accordance with the law of the European Union;
   RECOGNISING that certain provisions of the bilateral air service agreements between Member States of the European Union and the Government of the Socialist Republic of Vietnam, which are contrary to the law of the European Union, must be brought into conformity with it in order to establish a sound legal basis for air services between the European Union and the Socialist Republic of Vietnam and to preserve the continuity of such air services;
   NOTING that under the law of the European Union, air carriers may not, in principle, conclude agreements which may affect trade between Member States of the European Union and which have as their object or effect the prevention, restriction or distortion of competition;
   RECOGNISING that provisions in bilateral air service agreements concluded between Member States of the European Union and the Government of the Socialist Republic of Vietnam which (i) require or favour the adoption of agreements between undertakings, decisions by associations of undertakings or concerted practices that prevent, distort or restrict competition between air carriers on the relevant routes; or (ii) reinforce the effects of any such agreement, decision or concerted practice; or (iii) delegate to air carriers or other private economic operators the responsibility for taking measures that prevent, distort or restrict competition between air carriers on the relevant routes, may render ineffective the competition rules applicable to undertakings;
   NOTING that it is not a purpose of the European Union, as part of these negotiations, to increase the total volume of air traffic between the European Union and the Socialist Republic of Vietnam, to affect the balance between European Union air carriers and air carriers of the Socialist Republic of Vietnam, or to negotiate amendments to the provisions of existing bilateral air service agreements concerning traffic rights,
   HAVE AGREED AS FOLLOWS:
   Article 1
   General provisions
   1.   For the purposes of this Agreement, ‘Member States’ shall mean Member States of the European Union and ‘EU Treaties’ shall mean the Treaty on European Union and the Treaty on the Functioning of the European Union.
   2.   References in each of the Agreements listed in Annex 1 to nationals of the Member State that is a party to that Agreement shall be understood as referring to nationals of the Member States of the European Union.
   3.   References in each of the Agreements listed in Annex 1 to air carriers or airlines of the Member State that is a party to that Agreement shall be understood as referring to air carriers or airlines designated by that Member State.
   Article 2
   Designation by a Member State
   1.   The provisions in paragraphs 2 and 3 of this Article shall supersede the corresponding provisions in the articles listed in Annex 2(a) and (b) respectively, in relation to the designation of an air carrier by the Member State concerned, its authorisations and permissions granted by the Government of the Socialist Republic of Vietnam, and the refusal, revocation, suspension or limitation of the authorisations or permissions of the air carrier, respectively.
   2.   On receipt of a designation by a Member State, the Government of the Socialist Republic of Vietnam shall grant the appropriate authorisations and permissions with minimum procedural delay, provided that:

               (i)

               the air carrier is established in the territory of the designating Member State under the EU Treaties and has a valid Operating Licence in accordance with the law of the European Union; and

               (ii)

               effective regulatory control of the air carrier is exercised and maintained by the Member State responsible for issuing its Air Operators Certificate and the relevant aeronautical authority is clearly identified in the designation; and

               (iii)

               the air carrier is owned, directly or through majority ownership, and it is effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex 3 and/or nationals of such other states.

         3.   The Government of the Socialist Republic of Vietnam may refuse, revoke, suspend or limit the authorisations or permissions of an air carrier designated by a Member State where:

               (i)

               the air carrier is not established in the territory of the designating Member State under the EU Treaties or does not have a valid Operating Licence in accordance with the law of the European Union; or

               (ii)

               effective regulatory control of the air carrier is not exercised or not maintained by the Member State responsible for issuing its Air Operators Certificate, or the relevant aeronautical authority is not clearly identified in the designation; or

               (iii)

               the air carrier is not owned, directly or through majority ownership, or it is not effectively controlled by Member States and/or nationals of Member States, and/or by other states listed in Annex 3 and/or nationals of such other states.

         In exercising its right under this paragraph, the Government of the Socialist Republic of Vietnam shall not discriminate between European Union air carriers on the grounds of nationality.
   Article 3
   Safety
   1.   The provisions in paragraph 2 of this Article shall complement the articles listed in Annex 2(c).
   2.   Where a Member State has designated an air carrier whose regulatory control is exercised and maintained by another Member State, the rights of the Socialist Republic of Vietnam under the safety provisions of the agreement between the Member State that has designated the air carrier and the Government of the Socialist Republic of Vietnam shall apply equally in respect of the adoption, exercise or maintenance of safety standards by that other Member State and in respect of the operating authorisation of that air carrier.
   Article 4
   Compatibility with competition rules
   1.   Bilateral air service agreements concluded between Member States and the Government of the Socialist Republic of Vietnam shall be without prejudice to the competition rules of the Parties.
   2.   The provisions listed in Annex 2(d) shall cease to have effect.
   Article 5
   Annexes to the Agreement
   The Annexes to this Agreement shall form an integral part thereof.
   Article 6
   Revision or amendment
   The Parties may, at any time, revise or amend this Agreement by mutual consent.
   Article 7
   Entry into force and provisional application
   1.   This Agreement shall enter in force when the Parties have notified each other in writing that their respective internal procedures necessary for its entry into force have been completed.
   2.   Notwithstanding paragraph 1, the Parties agree to provisionally apply this Agreement from the first day of the month following the date on which the Parties have notified each other of the completion of the procedures necessary for this purpose.
   3.   Agreements and other arrangements between Member States and the Government of the Socialist Republic of Vietnam which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally are listed in Annex 1(b). This Agreement shall apply to all such agreements and arrangements upon their entry into force or provisional application.
   Article 8
   Termination
   1.   In the event that an agreement listed in Annex 1 is terminated, all provisions of this Agreement that relate to the agreement listed in Annex 1 concerned shall terminate at the same time.
   2.   In the event that all agreements listed in Annex 1 are terminated, this Agreement shall terminate at the same time.

      In witness whereof, the undersigned, being duly authorised, have signed this Agreement.
      Done at Brussels in duplicate, on the fourth day of October in the year two thousand and ten in the Bulgarian, Czech, Danish, Dutch, English, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish, Swedish and Vietnamese languages.

         За Европейския съюз
         Por la Unión Europea
         Za Evropskou unii
         For Den Europæiske Union
         Für die Europäische Union
         Euroopa Liidu nimel
         Για την Ευρωπαϊκή Ένωση
         For the European Union
         Pour l'Union européenne
         Per l'Unione europea
         Eiropas Savienības vārdā –
         Europos Sajungos vardu
         Az Európai Unió részéről
         Għall-Unjoni Ewropea
         Voor de Europese Unie
         W imieniu Unii Europejskiej
         Pela União Europeia
         Pentru Uniunea Europeană
         Za Európsku úniu
         Za Evropsko unijo
         Euroopan unionin puolesta
         För Europeiska unionen

         За правителството на Социалистическа република Виетнам
         Por el Gobierno de la República Socialista de Vietnam
         Za vládu Vietnamské socialistické republiky
         For regeringen for Den Socialistiske Republik Vietnam
         Für die Regierung der Sozialistischen Republik Vietnam
         Vietnami Sotsialistliku Vabariigi valitsuse nimel
         Για την κυβέρνηση της Σοσιαλιστικής Δημοκρατίας του Βιετνάμ
         For the Government of the Socialist Republic of Vietnam
         Pour le gouvemement de la République socialiste du Viêt Nam
         Per il govemo della Repubbhca socialista del Vietnam
         Vjetnamas Sociālistiskās Republikas valdības vārdā –
         Vietnamo Socialistinės Respublikos Vyriausybės vardu
         A Vietnami Szocialista Köztársaság kormánya részéről
         Ghall-Gvern tar-Repubblika Soċjalista tal-Vjetnam
         Voor de Regering van de Socialistische Republiek Vietnam
         W imieniu Rządu Socjalistycznej Republiki Wietnamu
         Pelo Govemo da República Socialista do Vietname
         Pentru Guvernul Republicii Socialiste Vietnam
         Za vládu Vietnamskej socialistickej republiky
         Za vlado Socialistične republike Vietnam
         Vietnamin sosialistisen tasavallan hallituksen puolesta
         För Socialistiska republiken Vietnams regering

   ANNEX 1

      List of agreements referred to in Article 1 of this Agreement

               (a)

               Air service agreements between the Government of the Socialist Republic of Vietnam and Member States of the European Union which, at the date of signature of this Agreement, have been concluded, signed and/or are being applied provisionally.

                           —

                           Air Services Agreement between the Austrian Federal Government and the Government of the Socialist Republic of Vietnam, done at Hanoi on 27 March 1995, hereinafter referred to as the ‘Vietnam – Austria Agreement’ in Annex 2:

                                       —

                                       last modified by Minutes of Understanding, done at Hanoi on 5 April 2006.

                           —

                           Agreement between the Government of the Kingdom of Belgium and the Government of the Socialist Republic of Vietnam on Air Transport, done at Brussels on 21 October 1992, hereinafter referred to as the ‘Vietnam – Belgium Agreement’ in Annex 2.

                           —

                           Agreement between the Government of the People’s Republic of Bulgaria and the Government of the Socialist Republic of Vietnam on air services between and beyond their respective territories, done at Sofia on 1 October 1979, hereinafter referred to as the ‘Vietnam – Bulgaria Agreement’ in Annex 2.

                           —

                           Agreement between the Government of the Czech Republic and the Government of the Socialist Republic of Vietnam concerning Air Services, done at Prague on 23 May 1997, hereinafter referred to as the ‘Vietnam – Czech Republic Agreement’ in Annex 2.

                           —

                           Air Services Agreement between the Government of the Kingdom of Denmark and the Government of the Socialist Republic of Vietnam, done at Hanoi on 25 September 1997, hereinafter referred to as the ‘Vietnam – Denmark Agreement’ in Annex 2:

                                       —

                                       to be read together with Memorandum of Understanding between the Kingdoms of Denmark, Norway and Sweden and the Socialist Republic of Vietnam, done at Hanoi on 25 September 1997.

                           —

                           Air Services Agreement between the Government of the Republic of Finland and the Government of the Socialist Republic of Vietnam, signed at Hanoi on 26 October 2000, hereinafter referred to as the ‘Vietnam – Finland Agreement’ in Annex 2.

                           —

                           Air Services Agreement between the Government of the Republic of France and the Government of the Socialist Republic of Vietnam, done at Paris on 14 April 1977, hereinafter referred to as the ‘Vietnam – France Agreement’ in Annex 2.

                           —

                           Air Transport Agreement between the Government of the Federal Republic of Germany and the Government of the Socialist Republic of Vietnam, done at Bonn on 26 August 1994, hereinafter referred to as the ‘Vietnam – Germany Agreement’ in Annex 2.

                           —

                           Agreement between the Government of the Republic of Hungary and the Government of the Socialist Republic of Vietnam on Air Services, done at Hanoi on 4 February 1998, hereinafter referred to as the ‘Vietnam – Hungary Agreement’ in Annex 2.

                           —

                           Agreement between the Government of the Grand Duchy of Luxembourg and the Government of the Socialist Republic of Vietnam on Air Services, done at Luxembourg on 26 October 1994, hereinafter referred to as the ‘Vietnam – Luxembourg Agreement’ in Annex 2.

                           —

                           Agreement between the Kingdom of the Netherlands and the Socialist Republic of Vietnam for Air Services between and beyond their respective territories, done at Hanoi on 1 October 1993, hereinafter referred to as the ‘Vietnam – Netherlands Agreement’ in Annex 2.

                           —

                           Agreement between the Government of the People’s Republic of Poland and the Government of the Socialist Republic of Vietnam on Air Services, done at Warsaw on 11 September 1976, hereinafter referred to as the ‘Vietnam – Poland Agreement’ in Annex 2.

                           —

                           Air Transport Agreement between the Government of the Portuguese Republic and the Government of the Socialist Republic of Vietnam, done at Lisbon on 3 February 1998, hereinafter referred to as the ‘Vietnam – Portugal Agreement’ in Annex 2.

                           —

                           Agreement between the Government of the Socialist Republic of Romania and the Government of the Socialist Republic of Vietnam relating to civil air transport, done at Hanoi on 26 June 1979, hereinafter referred to as the ‘Vietnam – Romania Agreement’ in Annex 2.

                           —

                           Air Services Agreement between the Government of the Kingdom of Sweden and the Government of the Socialist Republic of Vietnam, done at Hanoi on 25 September 1997, hereinafter referred to as the ‘Vietnam – Sweden Agreement’ in Annex 2:

                                       —

                                       to be read together with Memorandum of Understanding between the Kingdoms of Denmark, Norway and Sweden and the Socialist Republic of Vietnam, done at Hanoi on 25 September 1997.

                           —

                           Air Transport Agreement between the Government of the Slovak Republic and the Government of the Socialist Republic of Vietnam, done at Hanoi on 6 November 1997, hereinafter referred to as the ‘Vietnam – Slovak Republic Agreement’ in Annex 2.

                           —

                           Agreement between the Government of the United Kingdom of Great Britain and Northern Ireland and the Government of the Socialist Republic of Vietnam concerning Air Services, done at London on 19 August 1994, hereinafter referred to as the ‘Vietnam – United Kingdom Agreement’ in Annex 2:

                                       —

                                       last amended by Exchange of Notes, done at Hanoi on 8 and 26 September 2000.

               (b)

               Air service agreements and other arrangements initialled or signed between the Government of the Socialist Republic of Vietnam and Member States of the European Union which, at the date of signature of this Agreement, have not yet entered into force and are not being applied provisionally.

         ANNEX 2

      List of articles in the agreements listed in Annex 1 and referred to in Articles 2 to 4 of this Agreement

               (a)

               Designation by a Member State:

                           —

                           Article 3, paragraph 5 of the Vietnam – Austria Agreement,

                           —

                           Article 3, paragraph 4 of the Vietnam – Bulgaria Agreement,

                           —

                           Article 3, paragraph 4 of the Vietnam – Denmark Agreement,

                           —

                           Article 4, paragraph 4 of the Vietnam – Czech Republic Agreement,

                           —

                           Article 4, paragraph 5 of the Vietnam – Finland Agreement,

                           —

                           Article 7, paragraph 4 of the Vietnam – France Agreement,

                           —

                           Article 3, paragraph 4 of the Vietnam – Germany Agreement,

                           —

                           Article 3, paragraph 4 of the Vietnam – Hungary Agreement,

                           —

                           Article 3, paragraph 4 of the Vietnam – Luxembourg Agreement,

                           —

                           Article 4, paragraph 4 of the Vietnam – Netherlands Agreement,

                           —

                           Article 3, paragraph 2 of the Vietnam – Poland Agreement,

                           —

                           Article 3, paragraph 4 of the Vietnam – Portugal Agreement,

                           —

                           Article 3 of the Vietnam – Romania Agreement,

                           —

                           Article 3, paragraph 4 of the Vietnam – Sweden Agreement,

                           —

                           Article 3, paragraph 4 of the Vietnam – Slovak Republic Agreement,

                           —

                           Article 4, paragraph 4 of the Vietnam – United Kingdom Agreement.

               (b)

               Refusal, revocation, suspension or limitation of authorisations or permissions:

                           —

                           Article 4, paragraph 1(a) of the Vietnam – Austria Agreement,

                           —

                           Article 5, paragraph 1(d) of the Vietnam – Belgium Agreement,

                           —

                           Article 4(a) of the Vietnam – Bulgaria Agreement,

                           —

                           Article 5, paragraph 1(a) of the Vietnam – Czech Republic Agreement,

                           —

                           Article 4, paragraph 1(a) of the Vietnam – Denmark Agreement,

                           —

                           Article 5, paragraph 1(a) of the Vietnam – Finland Agreement,

                           —

                           Article 9, paragraph 1(a) of the Vietnam – France Agreement,

                           —

                           Article 4, paragraph 1 of the Vietnam – Germany Agreement,

                           —

                           Article 4, paragraph 1(a) of the Vietnam – Hungary Agreement,

                           —

                           Article 4, paragraph 1(c) of the Vietnam – Luxembourg Agreement,

                           —

                           Article 5, paragraph 1(c) of the Vietnam – Netherlands Agreement,

                           —

                           Article 4, paragraph 1 of the Vietnam – Poland Agreement,

                           —

                           Article 4, paragraph 1(a) of the Vietnam – Portugal Agreement,

                           —

                           Article 4 of the Vietnam – Romania Agreement,

                           —

                           Article 4, paragraph 1(a) of the Vietnam – Sweden Agreement,

                           —

                           Article 4, paragraph 1(a) of the Vietnam – Slovak Republic Agreement,

                           —

                           Article 5, paragraph 1(a) of the Vietnam – United Kingdom Agreement.

               (c)

               Safety:

                           —

                           Article 6 bis of the Vietnam – Austria Agreement,

                           —

                           Article 7 of the Vietnam – Belgium Agreement,

                           —

                           Article 11 of the Vietnam – Czech Republic Agreement,

                           —

                           Article 18 of the Vietnam – Finland Agreement,

                           —

                           Article 4 of the Vietnam – France Agreement,

                           —

                           Article 9 of the Vietnam – Hungary Agreement,

                           —

                           Article 6 of the Vietnam – Luxembourg Agreement,

                           —

                           Article 14 of the Vietnam – Netherlands Agreement,

                           —

                           Article 9 of the Vietnam – Romania Agreement,

                           —

                           Article 7 of the Vietnam – Slovak Republic Agreement,

                           —

                           Article 9a of the Vietnam – United Kingdom Agreement.

               (d)

               Compatibility with competition rules:

                           —

                           Article 13, paragraphs 1 and 7 of the Vietnam – Belgium Agreement,

                           —

                           Article 9, paragraphs 3 to 8 of the Vietnam – Bulgaria Agreement,

                           —

                           Article 7, paragraph 2 of the Vietnam – Czech Republic Agreement,

                           —

                           Article 11, paragraph 2 of the Vietnam – Denmark Agreement,

                           —

                           Article 12, paragraphs 2 to 7 of the Vietnam – France Agreement,

                           —

                           Article 6, paragraphs 1 and 4 to 6 of the Vietnam – Hungary Agreement,

                           —

                           Article 11, paragraphs 2 to 4 of the Vietnam – Luxembourg Agreement,

                           —

                           Article 6, paragraphs 2 to 6 of the Vietnam – The Netherlands Agreement,

                           —

                           Article 20, paragraphs 2 and 4 of the Vietnam – Poland Agreement,

                           —

                           Article 16, paragraphs 2 to 6 of the Vietnam – Portugal Agreement,

                           —

                           Article 14, paragraphs 1 to 6 of the Vietnam – Romania Agreement,

                           —

                           Article 12, paragraphs 3, 5 and 6 of the Vietnam – Slovak Republic Agreement,

                           —

                           Article 11, paragraph 2 of the Vietnam – Sweden Agreement,

                           —

                           Article 7, paragraphs 3 and 4 of the Vietnam – United Kingdom Agreement.

         ANNEX 3

      List of other States referred to in Article 2 of this Agreement

               (a)

               the Republic of Iceland (under the Agreement on the European Economic Area);

               (b)

               the Principality of Liechtenstein (under the Agreement on the European Economic Area);

               (c)

               the Kingdom of Norway (under the Agreement on the European Economic Area);

               (d)

               the Swiss Confederation (under the Agreement between the European Community and the Swiss Confederation on Air Transport).


title: 2011/370/EU: Council Decision of 20 June 2011 appointing a Spanish alternate member of the Committee of the Regions

text:
               25.6.2011

               EN

               Official Journal of the European Union

               L 166/26

         COUNCIL DECISION
   of 20 June 2011
   appointing a Spanish alternate member of the Committee of the Regions
   (2011/370/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 of the Spanish Government,
   Whereas:

               (1)

               On 22 December 2009 and on 18 January 2010, the Council adopted Decisions 2009/1014/EU (1) and 2010/29/EU (2) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2010 to 25 January 2015.

               (2)

               An alternate member’s seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Albert MORENO HUMET,

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

               —

               Mr Senén FLORENSA I PALAU, Secretario de Asuntos Exteriores, Generalitat de Cataluña.

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

      Done at Luxembourg, 20 June 2011.

            For the Council

            The President

         MATOLCSY Gy.

      (1)  OJ L 348, 29.12.2009, p. 22.

      (2)  OJ L 12, 19.1.2010, p. 11.


title: Organisation and operation of the Publications Office of the European Union European Parliament decision of 19 February 2009 on the draft Decision of the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions on the organisation and operation of the Publications Office of the European Union (2008/2164(ACI))#ANNEX

text:
               25.3.2010

               EN

               Official Journal of the European Union

               CE 76/112

         Thursday 19 February 2009Organisation and operation of the Publications Office of the European Union
   P6_TA(2009)0079
   European Parliament decision of 19 February 2009 on the draft Decision of the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions on the organisation and operation of the Publications Office of the European Union (2008/2164(ACI))
   2010/C 76 E/25

      The European Parliament,
   having regard to the letter from its President of 1 October 2008,
   having regard to the draft Decision of the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions on the organisation and operation of the Publications Office of the European Union (SEC(2008)2109 - C6-0256/2008),
   having regard to Article 254(1) and (2) of the EC Treaty,
   having regard to Declaration No 3 on Article 10 of the Treaty establishing the European Community annexed to the Final Act of the Intergovernmental Conference which adopted the Treaty of Nice,
   having regard to the letter from the Council of 26 January 2009 informing the other Institutions and bodies responsible for establishing the Publications Office of certain modifications to the draft decision approved by the Management Committee of the Publications Office on 9 January 2001 and adopted by the Council on 19 January 2009 (1),
   having regard to Rule 120(1) of its Rules of Procedure,
   having regard to the report of the Committee on Constitutional Affairs and the opinion of the Committee on Legal Affairs (A6-0426/2008),

               A.

               whereas the Office for Official Publications of the European Communities (OPOCE, hereinafter ‘the Office’) was established in 1969 by Decision 69/13/Euratom/ECSC/EEC of the European Parliament, the Council, the Commission, the Court of Justice and the Economic and Social Committee (2),

               B.

               whereas that decision was amended in 1980 (3) and repealed and replaced by a new decision in 2000 (4),

               C.

               whereas Parliament, in paragraph 45 of its resolution of 29 January 2004 (5) concerning discharge in respect of the 2001 financial year, made the following observation: ‘[Parliament …] Considers, as the case of OPOCE proves, that it is particularly difficult to identify clear political responsibility in interinstitutional bodies; calls therefore on the Institutions to re-examine the legal provisions governing existing interinstitutional bodies without however calling into question the principle of interinstitutional cooperation, which allows significant savings to be made in the European budget; calls therefore on the European institutions to alter the legal bases for interinstitutional bodies in such a way as to permit a clear allocation of administrative and political responsibilities;’,

               D.

               whereas the Commission has forwarded a draft decision repealing and replacing Decision 2000/459/EC, ECSC, Euratom currently in force,

               E.

               whereas the draft decision is intended to lay down in more detail the competences and tasks of the Publications Office of the European Union, the respective responsibilities of the institutions, the roles of the Management Committee and the Director of the Office,

               F.

               whereas the Office is a body established by common accord of the institutions, thus fulfilling the criteria of an interinstitutional agreement,

               G.

               whereas the Secretaries General of the institutions involved approved the draft decision on 18 April 2008 and the Bureau of the Parliament gave its approval on 3 September 2008,

               H.

               whereas Rule 120(1) of its Rules of Procedure provides that interinstitutional agreements are to be signed by the President after examination by the committee responsible for constitutional affairs and after approval by Parliament,

               1.

               Approves the draft decision together with the modifications proposed by the Council as annexed hereto;

               2.

               Instructs its President to forward this decision to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee and the Committee of the Regions, for information.

      (1)  Document 14485/1/08 REV 1 and REV 2.

      (2)  OJ L 13, 18.1.1969, p. 19.

      (3)  Decision 80/443/EEC, Euratom, ECSC of 7 February 1980 amending the Decision of 16 January 1969 establishing the Office for Official Publications of the European Communities (OJ L 107, 25.4.1980, p. 44).

      (4)  Decision 2000/459/EC, ECSC, Euratom of the European Parliament, the Council, the Commission, the Court of Justice, the Court of Auditors, the Economic and Social Committee and the Committee of the Regions of 20 July 2000 on the organisation and operation of the Office for Official Publications of the European Communities (OJ L 183, 22.7.2000, p. 12).

      (5)  European Parliament resolution of 29 January 2004 on the action taken by the Commission on the observations contained in the resolution accompanying the decision giving discharge in respect of the implementation of the general budget of the European Union for the 2001 financial year (OJ C 96 E, 21.4.2004, p. 112).

      Thursday 19 February 2009ANNEX

         Draft
         DECISION OF THE EUROPEAN PARLIAMENT, THE COUNCIL, THE COMMISSION, THE COURT OF JUSTICE, THE COURT OF AUDITORS, THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE AND THE COMMITTEE OF THE REGIONS
         of
         on the organisation and operation of the Publications Office of the European Union
         THE EUROPEAN PARLIAMENT,
         THE COUNCIL,
         THE COMMISSION,
         THE COURT OF JUSTICE,
         THE COURT OF AUDITORS,
         THE EUROPEAN ECONOMIC AND SOCIAL COMMITTEE,
         THE COMMITTEE OF THE REGIONS,
         Having regard to the Treaty on European Union,
         Having regard to the Treaty establishing the European Community,
         Having regard to the Treaty establishing the European Atomic Energy Community,
         Whereas:

                     (1)

                     Article 8 of the Decision of the representatives of the Governments of the Member States of 8 April 1965 on the provisional location of certain Institutions and departments of the Communities (1) provided for an Office for Official Publications of the Communities (hereinafter ‘the Office’) to be located in Luxembourg. That provision was last implemented by Decision 2000/459/EC, ECSC, Euratom (2).

                     (2)

                     The rules and regulations applicable to officials and other servants of the European Communities apply to the Office. Account should be taken of the recent amendments to those rules and regulations.

                     (3)

                     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) (hereinafter ‘the Financial Regulation’) contains specific provisions concerning the operation of the Office.

                     (4)

                     Major technological advances are taking place in publishing and these need to be taken into account in the way the Office operates.

                     (5)

                     For the sake of clarity, it is appropriate to repeal Decision 2000/459/EC, ECSC, Euratom and to replace it by this Decision,

               HAVE DECIDED AS FOLLOWS:
         Article 1
         The Publications Office
         1.   The task of the Publications Office of the European Union (hereinafter ‘the Office’), which is an interinstitutional office, shall be to publish the publications of the institutions of the European Communities and the European Union under optimum conditions.
         To this end it shall, firstly, enable the institutions to fulfil their obligations to publish legislative texts and, secondly, contribute to the technical formulation and implementation of information and communication policies within its areas of competence.
         2.   The Office shall be managed by its Director following the strategic guidelines set by the Management Committee. Apart from the provisions of this Decision which are specific to the interinstitutional role of the Office, the Office shall apply the administrative and financial procedures of the Commission. In establishing those procedures, the Commission shall take account of the specific nature of the Office.
         Article 2
         Definitions
         For the purposes of this Decision, the following definitions shall apply:

                     1)

                     ‘publishing’ means any action necessary for the design, checking, allocation of international standard numbers and/or catalogue numbers, production, cataloguing, indexation, distribution, promotion, sale, storage and archiving of publications in any shape or form and by any means, present or future;

                     2)

                     ‘publications’ means all texts, published on whatever medium and in whatever format, bearing an international standard number and/or a catalogue number;

                     3)

                     ‘mandatory publications’ means publications published pursuant to the Treaties or other legislative texts;

                     4)

                     ‘non-mandatory publications’ means any publications edited under the prerogatives of any institution;

                     5)

                     ‘management of copyright’ means that the author services hold the copyright or the right to re-use and includes the management of those rights by the Office in respect of the publications entrusted to the Office for publishing;

                     6)

                     ‘net receipts from sales’ means the total sum of invoices, minus trade discounts granted and management, collection and banking costs;

                     7)

                     ‘institutions’ means the institutions, bodies, offices and agencies established by or under the Treaties.

               Article 3
         Scope of competence of the Office
         1.   The Office shall have competence for the following:

                     (a)

                     publishing the Official Journal of the European Union (hereinafter ‘Official Journal’) and guaranteeing that it is authentic;

                     (b)

                     publishing the other mandatory publications;

                     (c)

                     publishing or co-publishing non-mandatory publications entrusted to the Office under the prerogatives of each institution, in particular in the context of the institutions’ communication activities;

                     (d)

                     publishing or co-publishing publications on its own initiative, including publications intended to promote its own services; in this context, the Office may procure translations by means of a service contract;

                     (e)

                     developing, maintaining and updating electronic publishing services for the public;

                     (f)

                     making all legislation and other official texts available to the public;

                     (g)

                     preserving all publications of the institutions and making them available to the public in electronic form;

                     (h)

                     allocating international standard numbers and/or catalogue numbers to the institutions’ publications;

                     (i)

                     managing reproduction and translation rights in respect of the institutions’ publications;

                     (j)

                     promoting and selling the publications and services which it offers to the public.

               2.   The Office shall provide advice and assistance to the institutions for:

                     (a)

                     programming and planning their publications programmes;

                     (b)

                     implementing their publishing projects, whatever the publishing medium;

                     (c)

                     providing page make-up and design for their publishing projects;

                     (d)

                     providing information on trends in the publications market in the Member States and on the subjects likely to find the widest audience;

                     (e)

                     deciding print-runs and establishing distribution plans;

                     (f)

                     pricing and selling publications;

                     (g)

                     promoting, distributing and evaluating their publications, whether free of charge or offered for sale;

                     (h)

                     analysing, evaluating and setting up websites and web services for the public;

                     (i)

                     drafting framework contracts for publishing activities;

                     (j)

                     providing technological supervision of publishing systems.

               Article 4
         Responsibilities of the institutions
         1.   Each institution shall have exclusive competence to take decisions on the publishing of its own publications.
         2.   The institutions shall use the services of the Office to publish their mandatory publications.
         3.   The institutions may publish their non-mandatory publications without the involvement of the Office. In that case, they shall ask the Office for international standard numbers and/or catalogue numbers and give the Office an electronic version of the publication, whatever its format, as well as two paper copies of the publication where appropriate.
         4.   The institutions shall undertake to guarantee all reproduction, translation and distribution rights in respect of all the constituent elements of a publication.
         5.   The institutions shall undertake to establish a distribution plan, approved by the Office, for their publications.
         6.   The institutions may conclude service agreements with the Office in order to define the methods of their cooperation.
         Article 5
         Tasks of the Office
         1.   Tasks performed by the Office shall include the following:

                     (a)

                     the collation of documents for publication;

                     (b)

                     the preparation, graphic design, correction, page make-up and verification of the texts and other components, in whatever format and on whatever medium, as instructed by the institutions and in compliance with the typographical and linguistic presentation requirements established in cooperation with the institutions;

                     (c)

                     the indexation and cataloguing of publications;

                     (d)

                     the documentary analysis of texts published in the Official Journal and other official texts;

                     (e)

                     the consolidation of legislative texts;

                     (f)

                     the management, development, updating and distribution of the Eurovoc multilingual thesaurus;

                     (g)

                     the organisation of printing by its service providers;

                     (h)

                     the monitoring of the performance of work;

                     (i)

                     quality control;

                     (j)

                     acceptance as regards quality and quantity;

                     (k)

                     the physical and electronic distribution of the Official Journal, official texts other than those published in the Official Journal and other non-mandatory publications;

                     (l)

                     storage;

                     (m)

                     physical and electronic archiving;

                     (n)

                     the reprinting of publications that are out of print and printing on request;

                     (o)

                     the creation of a consolidated catalogue of the institutions’ publications;

                     (p)

                     the sale, including the issue of invoices, collection and transfer of revenue, and management of claims;

                     (q)

                     promotion;

                     (r)

                     the creation, purchase, management, updating, monitoring and supervision of the mailing lists of the institutions and the creation of targeted mailing lists;

               2.   Within the framework of its own powers or on the basis of the delegation of authorising officer powers by the institutions, the Office shall be responsible for:

                     (a)

                     public procurement, including entering into legally binding commitments;

                     (b)

                     financial oversight of contracts with suppliers;

                     (c)

                     settlement of expenditure, including acceptance as regards quality and quantity, expressed by signing an authorisation for payment;

                     (d)

                     authorisation of expenditure;

                     (e)

                     revenue operations.

               Article 6
         Management Committee
         1.   A Management Committee shall be established within which all the signatory institutions are represented. The Management Committee shall be made up of the Registrar of the Court of Justice, the Deputy Secretary-General of the Council and the Secretaries-General of the other institutions or their representatives. The European Central Bank shall take part in the work of the Management Committee as an observer.
         2.   The Management Committee shall designate a Chairperson, to be chosen among its members, for a period of two years.
         3.   The Management Committee shall meet at least four times a year at the initiative of its Chairperson or at the request of an institution.
         4.   The Management Committee shall adopt its Rules of Procedure, which shall be published in the Official Journal.
         5.   The Management Committee's decisions shall be taken by simple majority, except where otherwise provided.
         6.   Each institution which is a signatory to this Decision shall have one vote on the Management Committee.
         Article 7
         Tasks and responsibilities of the Management Committee
         1.   By way of derogation from Article 6, the Management Committee shall, by unanimous decision, in the common interest of the institutions and within the scope of competence of the Office, adopt the following decisions:

                     (a)

                     on the basis of a proposal from the Director, it shall adopt the strategic objectives of the Office and the rules governing its operation;

                     (b)

                     it shall set the guidelines for the general policies of the Office, particularly as regards sales, distribution and publishing, and shall ensure that the Office contributes to the formulation and implementation of information and communication policies within its areas of competence;

                     (c)

                     on the basis of a draft prepared by the Director of the Office, it shall adopt an annual management report to the institutions concerning the implementation of the strategy and services supplied by the Office; by 1 May of each year, it shall send its report on the financial year just ended to the institutions;

                     (d)

                     it shall approve the estimates of the Office's revenue and expenditure under the budget procedure for the Office's administrative budget;

                     (e)

                     it shall approve the criteria by which the Office conducts its cost accounting, which the Director of the Office shall adopt;

                     (f)

                     it shall submit to the institutions any suggestions it has for improving the smooth running of the Office.

               2.   The Management Committee shall take account of the guidelines produced by the interinstitutional bodies on communication and information set up for this purpose. The Chairperson of the Management Committee shall communicate with these bodies every year.
         3.   The contact person with discharge authority for strategic decisions within the areas of competence of the Office shall be the Chairperson of the Management Committee in his capacity as representative of interinstitutional cooperation.
         4.   The Chairperson of the Management Committee and the Director of the Office shall by common agreement draw up mutual information and communication rules to formalise their relations. This agreement shall be sent to the members of the Management Committee for information.
         Article 8
         Director of the Office
         The Director of the Office shall be responsible for the smooth running of the Office, acting under the authority of the Management Committee and within its scope of competence. For the application of administrative and financial procedures, he shall act under the authority of the Commission.
         Article 9
         Tasks and responsibilities of the Director of the Office
         1.   The Director of the Office shall provide the secretariat for the Management Committee and shall submit quarterly reports to the Management Committee on the performance of his duties.
         2.   The Director of the Office shall submit to the Management Committee any proposal for improving the smooth running of the Office.
         3.   After consulting the Management Committee for advice, the Director of the Office shall determine the types of service which the Office may perform against payment for the institutions, and the corresponding charges.
         4.   The Director of the Office shall, after obtaining the approval of the Management Committee, determine the criteria by which the Office is to conduct its cost accounting. He shall define the procedures for accounting cooperation between the Office and the institutions in agreement with the Commission Accounting Officer.
         5.   The Director of the Office shall draw up draft estimates of the Office's revenue and expenditure under the budget procedure for the Office's administrative budget. After approval by the Management Committee, these proposals shall be submitted to the Commission.
         6.   The Director of the Office shall decide whether, and in accordance with what procedures, publications from third parties may be published.
         7.   The Director of the Office shall take part in interinstitutional activities concerning information and communication within the areas of competence of the Office.
         8.   As regards the publishing of legislation and official documents relating to the legislative procedure, including the Official Journal, the Director of the Office shall:

                     (a)

                     ensure that the competent authorities in each institution take the basic decisions that are to be applied jointly;

                     (b)

                     submit proposals for improving the structure and presentation of the Official Journal and official legislative texts;

                     (c)

                     submit proposals to the institutions for harmonising the presentation of texts for publication;

                     (d)

                     examine any difficulties encountered in the course of day-to-day operations, draft, within the context of the Office, the necessary instructions and suggest to the institutions appropriate recommendations in order to overcome such difficulties.

               9.   The Director of the Office shall, in accordance with the Financial Regulation, draw up an annual activity report covering the management of funds assigned by the Commission and other institutions under the Financial Regulation. The report shall be addressed to the Commission and the institutions concerned and, for information, to the Management Committee.
         10.   For the purposes of the assignment of Commission funds and implementation of the budget, information and consultation procedures between the Commissioner responsible for relations with the Office and the Director of the Office shall be established by common agreement.
         11.   The Director of the Office shall be responsible for implementing the strategic objectives adopted by the Management Committee and for the sound management of the Office and its activities as well as the management of its budget.
         12.   Should the Director of the Office be absent or unavailable, the deputisation rules based on grade and seniority shall apply unless the Management Committee, on a proposal from its Chairperson or the Director of the Office, decides on a different order.
         13.   The Director of the Office shall inform the institutions about the planning and use of resources and the progress of work in a quarterly report.
         Article 10
         Staff
         1.   The Commission, having obtained the unanimous approval of the Management Committee, shall make appointments to the posts of Director-General and Director. The Commission's rules on mobility and evaluation of senior management shall apply to the Director-General and Directors (grades AD16/AD15/AD14). When the mobility deadline normally provided for in the relevant rules is approaching for an official occupying such a post, the Commission shall inform the Management Committee, which may issue a unanimous opinion on the case.
         2.   The Management Committee shall be closely involved in any procedures that have to be completed before the appointment of officials or other servants to the posts of Director-General (grades AD16/AD15) and Director (grades AD15/AD14) at the Office, especially in drafting vacancy notices, examining applications and appointing competition selection boards in relation to those posts.
         3.   The powers of the appointing authority and those of the authority empowered to conclude contracts of employment in respect of officials and other servants assigned to the Office shall be exercised by the Commission. The Commission may delegate some of its powers within the Commission and to the Director of the Office. Such delegation shall be effected under the same conditions as for Commission Directors-General.
         4.   Subject to paragraph 2, the provisions and procedures adopted by the Commission to implement the Staff Regulations of Officials and the Conditions of Employment of Other Servants of the European Communities shall apply to officials and other servants assigned to the Office under the same conditions as for Commission officials and other servants serving in Luxembourg.
         5.   The officials of all the institutions shall be informed of any post vacant within the Office for which a vacancy notice is to be published, as soon as the appointing authority or the authority empowered to conclude contracts of employment decides to fill that post.
         6.   The Director of the Office shall report to the Management Committee on staff management on a quarterly basis.
         Article 11
         Financial aspects
         1.   The appropriations allocated to the Office, the total amount of which shall be shown under a separate heading within the section of the budget relating to the Commission, shall be set out in detail in an annex to that section. This annex shall be in the form of a statement of revenue and expenditure subdivided in the same way as the sections of the budget.
         2.   The establishment plan of the Office shall be set out in an annex to the establishment plan of the Commission.
         3.   Each institution shall be authorising officer for the relevant appropriations under the ‘publishing expenditure’ heading in its budget.
         4.   Each institution may delegate authorising officer powers to the Director of the Office for the management of appropriations entered in its section and shall set the limits and conditions for this delegation of powers in accordance with the Financial Regulation. The Director of the Office shall report to the Management Committee on such delegation of powers on a quarterly basis.
         5.   The budgetary and financial management of the Office, including management of the appropriations assigned by institutions other than the Commission, shall be conducted in compliance with the Financial Regulation and its implementing provisions and the financial framework in force at the Commission.
         6.   The Office's accounts shall be drawn up in accordance with the accounting rules and methods approved by the Commission Accounting Officer. The Office shall keep separate accounts for the sale of the Official Journal and publications. Net receipts from sales shall be passed on to the institutions.
         Article 12
         Oversight
         1.   The function of internal auditor shall be performed at the Office by the Commission internal auditor, in accordance with the Financial Regulation. The Office shall establish an internal audit capability using arrangements similar to those for the Commission's Directorates-General and departments. The institutions may ask the Director of the Office to include specific audits in the work programme of the Office's internal audit capability.
         2.   The Office shall answer any questions falling within its competence in connection with the remit of the European Anti-Fraud Office (OLAF). In order to protect the interests of the European Union, an agreement setting out mutual information arrangements shall be drawn up between the Chairperson of the Management Committee and the Director of OLAF.
         Article 13
         Complaints and requests
         1.   Within the limits of its competence, the Office shall be responsible for answering questions from the European Ombudsman and the European Data Protection Supervisor.
         2.   Any legal action within the areas of competence of the Office shall be brought against the Commission.
         Article 14
         Public access to documents
         1.   The Director of the Office shall take the decisions referred to in Article 7 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (4). Where applications are refused, decisions on confirmatory applications shall be taken by the Secretary-General of the Commission.
         2.   The Office shall keep a register of documents in accordance with Article 11 of Regulation (EC) No 1049/2001.
         Article 15
         Repeal
         Decision 2000/459/EC, ESCS, Euratom is repealed.
         References to the repealed Decision shall be construed as references to this Decision.
         Article 16
         Effective date
         This Decision shall take effect on the day following that of its publication in the Official Journal of the European Union.

            Done at Brussels and at Luxembourg,

                  For the European Parliament

                  The President

                  For the Court of Justice

                  The President

                  For the Council

                  The President

                  For the Court of Auditors

                  The President

                  For the Commission

                  The President

                  For the European Economic and Social Committee

                  The President

                  For the Committee of the Regions

                  The President

         (1)  OJ 152, 13.7.1967, p. 18.

         (2)  OJ L 183, 22.7.2000, p. 12.

         (3)  OJ L 248, 16.9.2002, p. 1.

         (4)  OJ L 145, 31.5.2001, p. 43.