title: Council Decision 2005/680/CFSP of 12 August 2005 concerning the conclusion of the Agreement between the European Union and the Democratic Republic of the Congo on the status and activities of the European Union Police Mission in the Democratic Republic of the Congo (EUPOL Kinshasa)

text:
               1.10.2005

               EN

               Official Journal of the European Union

               L 256/57

         COUNCIL DECISION 2005/680/CFSP
   of 12 August 2005
   concerning the conclusion of the Agreement between the European Union and the Democratic Republic of the Congo on the status and activities of the European Union Police Mission in the Democratic Republic of the Congo (EUPOL Kinshasa)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 24 thereof,
   Having regard to the recommendation from the Presidency,
   Whereas:

               (1)

               On 9 December 2004, the Council adopted Joint Action 2004/847/CFSP on the European Union Police Mission in the Democratic Republic of the Congo (EUPOL Kinshasa) (1).

               (2)

               Article 13 of the Joint Action provides that the status of EUPOL Kinshasa staff in the Democratic Republic of the Congo, including where appropriate the privileges, immunities and further guarantees necessary for the completion and smooth functioning of EUPOL Kinshasa shall be agreed in accordance with the procedure laid down in Article 24 of the Treaty.

               (3)

               Following the authorisation of 24 January 2005 given by the Council to the Secretary-General/High Representative for the Common Foreign and Security Policy, assisting the Presidency, to open negotiations on its behalf, the Secretary-General/High Representative for the Common Foreign and Security Policy, negotiated an Agreement with the Government of the Democratic Republic of the Congo on the status and activities of EUPOL Kinshasa.

               (4)

               Notwithstanding Article 11(4) of the Agreement, procurement of goods and services should comply with the principles of transparency, proportionality, equal treatment and non-discrimination.

               (5)

               The Agreement should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement between the European Union and the Democratic Republic of the Congo on the status and activities of the European Union Police Mission in the Democratic Republic of the Congo (EUPOL Kinshasa) is hereby approved on behalf of the Union.
   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 in order to bind the Union.
   Article 3
   This Decision shall be published in the Official Journal of the European Union
       (2).
   Article 4
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 12 August 2005.

            For the Council

            The President

         J. STRAW

      (1)  OJ L 367, 14.12.2004, p. 30.

      (2)  The date of entry into force of the Agreement will be published in the Official Journal of the European Communities by the General Secretariat of the Council.
   TRANSLATION
   AGREEMENT
   between the European Union and the Democratic Republic of the Congo on the status and activities of the European Union police mission in the Democratic Republic of the Congo (EUPOL Kinshasa)
   THE EUROPEAN UNION, hereinafter referred to as the ‘EU’,
   on the one hand, and
   THE GOVERNMENT OF THE DEMOCRATIC REPUBLIC OF THE CONGO, hereinafter referred to as the ‘Host Party’,
   on the other hand,
   Together hereinafter referred to as the ‘Parties’,
   TAKING INTO ACCOUNT:

               (a)

               the letter from the Minister of Foreign Affairs and International Cooperation of the Host Party to the Secretary General/High Representative for the Common Foreign and Security Policy (SG/HR) dated 20 October 2003, requesting the EU to assist in setting up the Integrated Police Unit (IPU), which should contribute to ensuring the protection of the State institutions and reinforce the internal security apparatus of the Democratic Republic of the Congo,

               (b)

               the letter of the President of the Democratic Republic of the Congo to the SG/HR of 16 February 2004 inviting the European Union to deploy a Police Mission to Kinshasa, to monitor, mentor and advise the IPU, under certain conditions, and the response of the SG/HR of 4 April 2004 accepting the invitation under the mentioned conditions,

               (c)

               the adoption by the Council of the European Union on 9 December 2004 of Joint Action 2004/847/CFSP on the European Union Police Mission in Kinshasa (CDR) regarding the integrated Police Unit (EUPOL ‘Kinshasa’) (1) to the Host Party,

               (d)

               the duration of the EUPOL Kinshasa, expected to last until the end of the year 2005,

               (e)

               that the purpose of the privileges and immunities as provided for in this Agreement are not to benefit individuals but to ensure the efficient performance of the EU Mission; and

               (f)

               wishing to settle, by means of this Agreement, the Statute of the EU Police Mission in the Democratic Republic of the Congo and to define in consequence its privileges and immunities,

         HAVE AGREED AS FOLLOWS:
   Article 1
   Scope of application and definitions
   1.   The provisions of this Agreement and any obligation undertaken by the Host Party or any privilege, immunity, facility or concession granted to EUPOL Kinshasa or to EUPOL Kinshasa personnel shall apply in the territory of the Host Party only.
   2.   For the purpose of this Agreement, the following definitions shall apply:

               (a)

               ‘EUPOL Kinshasa’ means the EU Police Mission in the Host Party established by Joint Action 2004/847/CFSP, including its components, forces, units, headquarters and personnel deployed in the territory of the Host Party and assigned to EUPOL Kinshasa.

               (b)

               ‘Head of Mission/Police Commissioner’ means the Head of Mission/Police Commissioner of EUPOL Kinshasa, appointed by the Council of the European Union.

               (c)

               ‘EUPOL Kinshasa personnel’ means the Head of Mission/Police Commissioner, personnel seconded by EU Member States and EU institutions and third States invited by the EU to participate in EUPOL Kinshasa, and international staff recruited on a contractual basis by EUPOL Kinshasa deployed for the preparation, support and implementation of the Mission, and shall not include commercial contractors or local personnel.

               (d)

               ‘Headquarters’ means the EUPOL Kinshasa main headquarters in Kinshasa and the training centre at Kasangulu.

               (e)

               ‘Sending State’ means any EU Member State or third States that has seconded personnel to EUPOL Kinshasa.

               (f)

               ‘Premises’ means all buildings, facilities and land required for the conduct of the activities of EUPOL Kinshasa, as well as for the accommodation of EUPOL Kinshasa personnel.

         Article 2
   General provisions
   1.   EUPOL Kinshasa and EUPOL Kinshasa personnel shall respect the laws and regulations of the Host Party and shall refrain from any action or activity incompatible with the impartial and international nature of their duties or inconsistent with the provisions of this Agreement.
   2.   EUPOL Kinshasa shall be autonomous with regard to the execution of its functions under this Agreement. The Host Party shall respect the unitary and international nature of EUPOL Kinshasa.
   3.   The Head of Mission/Police Commissioner shall notify the Government of the Host Party of the location of its Headquarters.
   4.   The Head of Mission/Police Commissioner shall regularly, and in a timely manner, inform the Government of the Host Party of the number, names and nationalities of EUPOL Kinshasa personnel stationed in the territory of the Host Party, through the submission of a notification list to the Ministry of Foreign Affairs of the Host Party.
   Article 3
   Identification
   1.   EUPOL Kinshasa personnel shall be provided with and identified by an EUPOL Kinshasa identification card, which they shall be obliged to carry with them at all times.
   2.   The Ministry of Foreign Affairs and of International Cooperation of the Host Party shall provide identity cards to EUPOL Kinshasa personnel in accordance with their status as set down in Article 6.
   3.   Vehicles and other means of transport of EUPOL Kinshasa shall bear distinctive EUPOL Kinshasa identification markings, an example of which shall be provided to the relevant authorities of the Host Party.
   4.   EUPOL Kinshasa shall be permitted to display the flag of the EU at its main headquarters and elsewhere, alone or together with the flag of the Host Party, as decided by the Head of Mission/Police Commissioner. National flags or insignia of the constituent national elements of EUPOL Kinshasa may be displayed on EUPOL Kinshasa premises, vehicles and uniforms, as decided by the Head of Mission/Police Commissioner.
   Article 4
   Border Crossing, movement, and presence on the territory of the Host Party
   1.   EUPOL Kinshasa personnel and EUPOL Kinshasa assets and means of transport shall cross the border of the Host Party at official border crossings, sea ports and via the international air corridors.
   2.   The Host Party shall facilitate the entry into and the departure from the territory of the Host Party for EUPOL Kinshasa and EUPOL Kinshasa personnel. Except for passport control on entry into and departure from the territory of the Host Party, EUPOL Kinshasa personnel, with proof of membership of the Mission, shall be exempt from passport, visa and immigration regulations and any form of immigration inspection.
   3.   EUPOL Kinshasa personnel shall be exempt from the regulations of the Host Party governing the registration and control of aliens, but shall not be considered as acquiring any right to permanent residence or domicile in the territory of the Host Party.
   4.   For EUPOL Kinshasa assets, including sidearms for EUPOL Kinshasa personnel, and means of transport entering, transiting or exiting the Host Party territory in support of the Mission, EUPOL Kinshasa shall provide a certificate of exemption accompanied by an inventory. They shall be exempt from any other customs documentation. A copy of the certificate shall be transmitted to the competent authorities when entering or exiting the Host Party. The format of the certificate shall be agreed between EUPOL Kinshasa and the competent authorities of the Host Party.
   5.   Vehicles and aircraft used in support of the Mission shall not be subject to local licensing or registration requirements. Relevant international standards and regulations shall continue to apply.
   6.   EUPOL Kinshasa personnel may drive motor vehicles in the territory of the Host Party provided they have a valid national driving licence. The Host Party shall accept as valid, without tax or fee, driving licences or permits issued to EUPOL Kinshasa personnel.
   7.   EUPOL Kinshasa and EUPOL Kinshasa personnel together with their vehicles, aircraft or any other means of transport, equipment and supplies shall enjoy free and unrestricted movement throughout the territory of the Host Party, including its airspace. If necessary, technical arrangements may be concluded in accordance with Article 17.
   8.   For the purpose of the Mission, EUPOL Kinshasa personnel, and local personnel employed by EUPOL Kinshasa when travelling on official duties, may use roads, bridges and airports without payment of duties, fees, tolls, taxes or other charges.
   Article 5
   Immunities and privileges of EUPOL Kinshasa
   1.   EUPOL Kinshasa shall be granted the status equivalent to that of a diplomatic mission under the Vienna Convention on Diplomatic Relations dated 18 April 1961, hereinafter referred to as ‘the Vienna Convention’.
   2.   EUPOL Kinshasa, its property, funds and assets shall enjoy immunity from the criminal, civil, and administrative jurisdiction of the Host Party, in accordance with the Vienna Convention.
   3.   The premises of EUPOL Kinshasa shall be inviolable. At no time shall the agents of the Host Party enter them, except with the consent of the Head of Mission/Police Commissioner.
   4.   The premises of EUPOL Kinshasa, their furnishings and other assets thereon as well as their means of transport shall be immune from search, requisition, attachment or execution.
   5.   The archives and documents of EUPOL Kinshasa shall be inviolable at all times.
   6.   Correspondence of EUPOL Kinshasa shall be granted a status equivalent to that of official correspondence granted under the Vienna Convention.
   7.   For imported goods and services and in respect of its premises, provided these are intended for the purpose of the Mission, EUPOL Kinshasa shall be exempt from all national and communal dues, taxes or charges of similar nature.
   8.   For goods purchased and services contracted on the domestic market, provided these are intended for the purpose of the Mission, EUPOL Kinshasa shall be either exempt from or reimbursed by the Host Party for all national and communal dues and taxes, including VAT, and charges of similar nature according to the laws of the Host Party.
   9.   The Host Party shall permit entry of articles for the Mission and grant exemption from all custom duties, taxes and related charges other than charges for storage, cartage and similar services.
   Article 6
   Immunities and privileges of EUPOL Kinshasa personnel
   1.   EUPOL Kinshasa personnel shall be granted all privileges and immunities equivalent to that of diplomatic agents granted under the Vienna Convention, subject to which the EU Member States and other Sending States shall have priority of jurisdiction. These privileges and immunities shall be granted to EUPOL Kinshasa personnel during their mission, and thereafter, with respect to official acts previously performed in the exercise of their mission.
   2.   The Secretary General/High Representative shall, with the explicit consent of the competent authority of the Sending State or the sending EU institution, waive the immunity enjoyed by EUPOL Kinshasa personnel where such immunity would impede the course of justice and it can be waived without prejudice to the interests of the EU.
   3.   EUPOL Kinshasa personnel shall have the right to import free of duty or other restrictions items required for their personal use, and to export such items. EUPOL Kinshasa personnel shall have the right to purchase free of duty or other restrictions items required for their personal use, and to export such items; for goods and services purchased on the domestic market, EUPOL Kinshasa personnel shall be exempt from VAT and taxes according to the laws of the Host Party.
   4.   EUPOL Kinshasa personnel shall be exempt from dues and taxes in the Host Party on the emoluments and salaries they receive by reason of their employment. Where the incidence of any form of taxation depends upon residence, periods during which personnel seconded to EUPOL Kinshasa and international staff recruited on a contractual basis by EUPOL Kinshasa are present in the Host Party for the discharge of their duties shall not be considered as periods of residence.
   Article 7
   Local personnel employed by EUPOL Kinshasa
   Local personnel employed by EUPOL Kinshasa who are nationals of or permanently resident in the Host Party shall enjoy a status equivalent to that enjoyed, in accordance with the Vienna Convention, by locally employed staff in diplomatic missions in the Host Party.
   Article 8
   Security
   1.   The Host Party, through its own capabilities, shall assume full responsibility for the security of EUPOL Kinshasa personnel.
   2.   To that end, the Host Party shall take all necessary measures for the protection, safety and security of EUPOL Kinshasa and EUPOL Kinshasa personnel. Any specific provisions, proposed by the Host Party, shall be agreed with the Head of Mission/Police Commissioner before implementation. The Host Party shall permit and support free of any charge activities relating to the medical evacuation of EUPOL Kinshasa personnel. If required, supplementary arrangements as referred to in Article 17 shall be concluded.
   3.   EUPOL Kinshasa personnel shall have the right to carry sidearms for self defence, subject to a decision by the Head of Mission/Police Commissioner.
   4.   EUPOL Kinshasa shall not have an executive policing role.
   Article 9
   Uniform and arms
   1.   EUPOL Kinshasa personnel shall wear national uniform or civilian dress with distinctive EUPOL Kinshasa identification.
   2.   The wearing of uniform shall be subject to rules issued by the Head of Mission/Police Commissioner.
   3.   In accordance with Article 8.3, EUPOL Kinshasa personnel may carry sidearms and ammunition.
   Article 10
   Cooperation and Access to Information
   1.   The Host Party shall provide full cooperation and support to EU Kinshasa and EU Kinshasa personnel.
   2.   If requested and necessary for the accomplishment of the EUPOL Kinshasa mission, the Host Party shall provide:

               (a)

               EUPOL Kinshasa personnel with effective access to buildings, facilities, locations and official vehicles within the control of the Host Party;

               (b)

               EUPOL Kinshasa personnel with effective access to documents, materials and information within its control relevant to the mandate of EUPOL Kinshasa.

         3.   The Head of Mission/Police Commissioner and the Government of the Host Party shall consult regularly and take appropriate measures to ensure close and reciprocal liaison at every appropriate level. The Host Party may appoint a liaison officer to EUPOL Kinshasa.
   Article 11
   Host Party Support and Contracting
   1.   The Host party agrees, if requested by EUPOL Kinshasa, to assist in finding suitable premises.
   2.   If required and available, premises owned by the Host Party shall be provided free of charge.
   3.   Within its means and capabilities, the Host Party shall assist and support the preparation, establishment, execution and support of EUPOL Kinshasa. The assistance and the support from the Host Party to EUPOL Kinshasa shall be provided under the same conditions as those provided to the IPU.
   4.   EUPOL Kinshasa will endeavour, to the maximum extent possible, to contract locally for services, goods and personnel, subject to the requirements of the Mission.
   Article 12
   Deceased EUPOL Kinshasa personnel
   1.   The Head of Mission/Police Commissioner shall have the right to take charge of and make suitable arrangements for the repatriation of any deceased EUPOL Kinshasa personnel, as well as any personal property belonging to the deceased.
   2.   Autopsies shall not be performed on deceased members of the EUPOL Kinshasa without the agreement of the Sending State or, in the case of international staff, the State of his/her nationality, and the presence of a representative of EUPOL Kinshasa and/or the State concerned.
   Article 13
   Communications
   1.   EUPOL Kinshasa shall have the right to install and operate radio sending and receiving stations, as well as satellite systems, using appropriate frequencies, subject to arrangements to be concluded in accordance with Article 17.
   2.   EUPOL Kinshasa shall enjoy the right to unrestricted communication by radio (including satellite, mobile or hand-held radio), telephone, telegraph, facsimile and other means, as well as the right to install, for the purpose of the Mission, the necessary means for maintaining such communications within and between EUPOL Kinshasa facilities, including the laying of cables and ground lines, in accordance with the regulations of the Host Party.
   Article 14
   Claims for death, injury, damage or loss
   1.   The Member States, other States participating in EUPOL Kinshasa, or EU Institutions, shall not be obliged to reimburse claims arising out of activities in connection with civil disturbances, protection of the EUPOL Kinshasa or its personnel, or which are incidental to operational necessities.
   2.   Any other claim of a civil law character, including claims of personnel locally employed by EUPOL Kinshasa, to which EUPOL Kinshasa or any member thereof is a party and over which the courts of the Host Party do not have jurisdiction because of any provision of the present Agreement, shall be submitted through the authorities of the Host Party to the Head of Mission/Police Commissioner and shall be dealt with by separate arrangements, as referred to in Article 17, whereby procedures for settling claims and for addressing claims shall be established. Settlement of claims will occur after previous consent of the State concerned.
   Article 15
   Disputes
   1.   All issues arising in connection with the application of this agreement shall be discussed by a Joint Coordination Group. This Group shall be composed of representatives of EUPOL Kinshasa and the competent authorities of the Host Party.
   2.   Failing any prior settlement, disputes with regard to the interpretation or application of this Agreement shall be settled between the Host Party and EU representatives by diplomatic means.
   Article 16
   Other provisions
   1.   Whenever this Agreement refers to the immunities, privileges and rights of EUPOL Kinshasa and EUPOL Kinshasa personnel, the Government of the Host Party shall be responsible for the implementation and fulfilment of such immunities, privileges and rights through the appropriate local authorities of the Host Party.
   2.   Nothing in this Agreement is intended or shall be construed to derogate from any rights that may attach with respect to an EU Member State or any other State contributing to EUPOL Kinshasa or their personnel under other agreements.
   Article 17
   Supplementary arrangements
   The Head of Mission/Police Commissioner and the administrative authorities of the Host Party shall conclude such supplementary arrangements as may be necessary to implement this Agreement.
   Article 18
   Entry into force and termination
   1.   This Agreement shall enter into force on the date of signature by both Parties.
   2.   This Agreement may be amended on the basis of mutual written agreement between the Parties.
   3.   This Agreement shall remain in force until the final departure of EUPOL Kinshasa or all personnel thereof.
   4.   This Agreement may be denounced by written notification to the other Party. The denunciation shall take effect 60 days after receipt by the other Party of the notification of denunciation.
   5.   Termination or denunciation of this Agreement shall not affect any rights or obligations arising from the execution of the present Agreement prior to its termination or denunciation.

      Done at Kinshasa, on 1 September 2005 in two originals in French.

            For the European Union

            For the Government of the Democratic Republic of the Congo

      (1)  OJ L 367, 14.12.2004, p. 30.


Avis juridique important

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31990D0537

90/537/EEC: Council Decision of 27 July 1990 concerning the conclusion of the Agreement between the European Economic Community and the Democratic Socialist Republic of Sri Lanka on trade in textile products

Official Journal L 301 , 30/10/1990 P. 0001 - 0045

COUNCIL DECISION of 27 July 1990 concerning the conclusion of the Agreement between the European Economic Community and the Democratic Socialist Republic of Sri Lanka on trade in textile products (90/537/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the proposal from the Commission,  Whereas the Agreement negotiated between the European Economic Community and the Democratic Socialist Republic of Sri Lanka on trade in textile products initialled in Brussels on 31 May 1986 and applied on a provisional basis by Decision 87/459/EEC (1),  as from 1 January 1987, should be approved,  HAS DECIDED AS FOLLOWS:   Article 1 The Agreement between the European Economic Community and the Democratic Socialist Republic of Sri Lanka on trade in textile products 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 is hereby authorized to designate the person empowered to sign the above Agreement in order to bind the Community.   Done at Brussels, 27 July 1990. For the Council The President E. RUBBI  (1) OJ No L 255, 5. 9. 1987, p. 85.


title: 2009/81/EC,Euratom: Council and Commission Decision of 18 December 2008 on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

text:
               30.1.2009

               EN

               Official Journal of the European Union

               L 26/4

      COUNCIL AND COMMISSION DECISION

   of 18 December 2008
   on the conclusion of the Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
   (2009/81/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community, and in particular Article 44(2), the last sentence of Article 47(2), and Articles 55, 57(2), 71, 80(2), 93, 94, 133 and 181a, in conjunction with the second sentence of Article 300(2) and the first subparagraph of Article 300(3), thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the Act of Accession of Bulgaria and Romania, and in particular Article 6(2) thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament (1),
   Having regard to the Council’s approval pursuant to Article 101 of the Treaty establishing the European Atomic Energy Community,
   Whereas:

               (1)

               The Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union, was signed on behalf of the Community and the Member States on 16 September 2008 in accordance with Council Decision 2008/777/EC (2).

               (2)

               Pending its entry into force, the Protocol has been applied on a provisional basis as from 1 January 2007.

               (3)

               The Protocol should be concluded,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   The Protocol to the Partnership and Cooperation Agreement between the European Communities and their Member States, of the one part, and the Republic of Kazakhstan, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (3) is hereby approved on behalf of the Community, the European Atomic Energy Community and the Member States.
   Article 2
   The President of the Council shall, on behalf of the Community and its Member States, give the notification provided for in Article 3 of the Protocol. The President of the Commission shall simultaneously give such notification on behalf of the European Atomic Energy Community.

      Done at Brussels, 18 December 2008.

            For the Council

            The President

         M. BARNIER

            For the Commission

            The President

         José Manuel BARROSO

      (1)  Opinion delivered on 2 September 2008 (not yet published in the Official Journal).

      (2)  OJ L 267, 8.10.2008, p. 23.

      (3)  OJ L 267, 8.10.2008, p. 25.


European Parliament decision on the request for waiver of the immunity of Mr Peter Sichrovsky (2000/2237(IMM))


title: Decision No 1352/2008/EC of the European Parliament and of the Council of 16 December 2008 amending Decision No 1855/2006/EC establishing the Culture Programme (2007 to 2013) (Text with EEA relevance)

text:
               24.12.2008

               EN

               Official Journal of the European Union

               L 348/128

      DECISION No 1352/2008/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

   of 16 December 2008
   amending Decision No 1855/2006/EC establishing the Culture Programme (2007 to 2013)
   (Text with EEA relevance)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 151(5), first indent, thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Economic and Social Committee,
   Having regard to the opinion of the Committee of the Regions,
   Acting in accordance with the procedure laid down in Article 251 of the Treaty (1),
   Whereas:

               (1)

               Decision No 1855/2006/EC of the European Parliament and of the Council of 12 December 2006 (2) established the Culture programme for the period 2007 to 2013.

               (2)

               Article 8(3) of Decision No 1855/2006/EC stipulates that measures necessary for the implementation of the programme other than those listed in paragraph 2 are to be adopted in accordance with the procedure referred to in Article 9(3) of that Decision, namely in accordance with the advisory procedure established by Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (3).

               (3)

               This wording of Decision No 1855/2006/EC results in particular in selection decisions other than those referred to in Article 8(2) of that Decision being subject to the advisory procedure and to the European Parliament's right of scrutiny.

               (4)

               Yet these selection decisions mainly concern projects of limited duration whose life cycle is incompatible with lengthy decision-making procedures and do not involve politically sensitive decision making.

               (5)

               These procedural requirements add two to three months to the process of awarding grants to applicants. They cause many delays for recipients, place a disproportionate burden on the programme's administration and provide no added value given the nature of the grants awarded.

               (6)

               In order to allow selection decisions to be implemented more quickly and efficiently, it is necessary to replace the advisory procedure with an obligation on the Commission to inform the European Parliament and the Member States without delay about any measures taken for the implementation of Decision No 1855/2006/EC without the assistance of a committee,

         HAVE DECIDED AS FOLLOWS:
   Article 1
   Decision No 1855/2006/EC is amended as follows:

               1.

               Article 8(3) shall be replaced by the following:
               ‘3.   The Commission shall inform the Committee referred to in Article 9 and the European Parliament of all other selection decisions it has taken for the implementation of this Decision within two working days of the adoption of the decisions in question. This information shall include descriptions and an analysis of the applications received, a description of the assessment and selection procedure, and lists of both the projects proposed for funding and those rejected.’;

               2.

               Article 9(3) shall be deleted.

         Article 2
   The Commission shall report to the European Parliament and the Council on the impact of this Decision by 25 June 2010.
   Article 3
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Strasbourg, 16 December 2008.

            For the European Parliament

            The President

         H.-G. PÖTTERING

            For the Council

            The President

         B. LE MAIRE

      (1)  Opinion of the European Parliament of 2 September 2008 (not yet published in the Official Journal) and Council Decision of 20 November 2008.

      (2)  OJ L 372, 27.12.2006, p. 1.

      (3)  OJ L 184, 17.7.1999, p. 23.


Avis juridique important

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31995D0312

95/312/EC: Council Decision of 24 July 1995 on the conclusion of an Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway consequent on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union

Official Journal L 187 , 08/08/1995 P. 0014 - 0021

COUNCIL DECISION of 24 July 1995 on the conclusion of an Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway consequent on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union (95/312/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 113 in conjunction with Article 228 (2) first sentence thereof,Having regard to the proposal from the Commission,Whereas the Commission has negotiated on behalf of the Community an Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway (1), signed in Brussels on 14 May 1973, to take account of the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union;Whereas this Additional Protocol should be approved,HAS DECIDED AS FOLLOWS:Article 1 The Additional Protocol to the Agreement between the European Economic Community and the Kingdom of Norway consequent on the accession of the Republic of Austria, the Republic of Finland and the Kingdom of Sweden to the European Union is hereby approved on behalf of the Community.The text of the Additional Protocol is attached to this Decision.Article 2 The President of the Council is hereby authorized to designate the person empowered to sign the Additional Protocol in order to bind the Community.Done at Brussels, 24 July 1995.For the CouncilThe PresidentP. SOLBES MIRA(1) OJ No L 171, 27. 6. 1973, p. 2.


title: 2014/596/EU: Decision of the European Parliament of 3 April 2014 on the closure of the accounts of the European Maritime Safety Agency for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/251

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on the closure of the accounts of the European Maritime Safety Agency for the financial year 2012
   (2014/596/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Maritime Safety Agency for the financial year 2012, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 18 February 2014 (05849/2014 – C7-0054/2014),

               —

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

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (3), and in particular Article 208 thereof,

               —

               having regard to Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (4), and in particular Article 19 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5),

               —

               having regard to Commission Delegated Regulation (EU) No 1271/2013 of 30 September 2013 on the framework financial regulation for the bodies referred to in Article 208 of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council (6), and in particular Article 108 thereof,

               —

               having regard to Rule 77 of, and Annex VI to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A7-0196/2014),

               1.

               Approves the closure of the accounts of the European Maritime Safety Agency for the financial year 2012;

               2.

               Instructs its President to forward this Decision to the Executive Director of the European Maritime Safety Agency, the Council, the Commission and the Court of Auditors, and to arrange for its publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 365, 13.12.2013, p. 165.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 208, 5.8.2002, p. 1.

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

      (6)  OJ L 328, 7.12.2013, p. 42.