title: Decision (EU) 2015/643 of the European Parliament and of the Council of 15 April 2015 on the mobilisation of the European Globalisation Adjustment Fund (application EGF/2014/016 IE/Lufthansa Technik from Ireland)

text:
               24.4.2015

               EN

               Official Journal of the European Union

               L 106/27

         DECISION (EU) 2015/643 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 15 April 2015
   on the mobilisation of the European Globalisation Adjustment Fund (application EGF/2014/016 IE/Lufthansa Technik from Ireland)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1309/2013 of the European Parliament and of the Council of 17 December 2013 on the European Globalisation Adjustment Fund (2014-2020) and repealing Regulation (EC) No 1927/2006 (1), and in particular Article 15(4) thereof,
   Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide support for workers made redundant and self-employed persons whose activity has ceased as a result of major structural changes in world trade patterns due to globalisation, as a result of a continuation of the global financial and economic crisis addressed in Regulation (EC) No 546/2009 of the European Parliament and of the Council (3), or as a result of a new global financial and economic crisis and to assist them with their reintegration into the labour market.

               (2)

               Article 12 of Council Regulation (EU, Euratom) No 1311/2013 (4) allows the mobilisation of the EGF within a maximum annual amount of EUR 150 million (2011 prices).

               (3)

               Ireland submitted an application to mobilise the EGF, in respect of redundancies in Lufthansa Technik Airmotive Ireland Ltd and two suppliers in Ireland, on 19 September 2014 and supplemented it by additional information as provided by Article 8(3) of Regulation (EU) No 1309/2013. This application complies with the requirements for determining a financial contribution from the EGF as laid down in Article 13 of Regulation (EU) No 1309/2013.

               (4)

               The EGF should, therefore, be mobilised in order to provide a financial contribution of an amount of EUR 2 490 758 for the application submitted by Ireland,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2015, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 2 490 758 in commitment and payment appropriations.
   Article 2
   This decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 15 April 2015.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         Z. KALNIŅA-LUKAŠEVICA

      (1)  OJ L 347, 20.12.2013, p. 855.

      (2)  OJ C 373, 20.12.2013, p. 1.

      (3)  Regulation (EC) No 546/2009 of the European Parliament and of the Council of 18 June 2009 amending Regulation (EC) No 1927/2006 on establishing the European Globalisation Adjustment Fund (OJ L 167, 29.6.2009, p. 26).

      (4)  Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (OJ L 347, 20.12.2013, p. 884).


Avis juridique important

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31981D0208

81/208/Euratom, ECSC, EEC: Council Decision of 30 March 1981 increasing the number of Judges at the Court of Justice

Official Journal L 100 , 11/04/1981 P. 0020 - 0020 Finnish special edition: Chapter 1 Volume 2 P. 0015  Spanish special edition: Chapter 01 Volume 3 P. 0076  Swedish special edition: Chapter 1 Volume 2 P. 0015  Portuguese special edition Chapter 01 Volume 3 P. 0076

COUNCIL DECISION of 30 March 1981 increasing the number of Judges at the Court of Justice (81/208/Euratom, ECSC, EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Coal and Steel Community, and in particular Article 32 thereof,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 165 thereof,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 137 thereof,  Having regard to the request of the Court of Justice in its memorandum of 21 July 1978 that the number of Judges be increased,  Whereas the increase in the workload of the Court of Justice justifies a further increase in the number of Judges by one;  Whereas the first paragraph of Article 32 of the Treaty establishing the European Coal and Steel Community, the first paragraph of Article 165 of the Treaty establishing the European Economic Community and the first paragraph of Article 137 of the Treaty establishing the European Atomic Community should be amended to take account of the increase in the number of Judges constituting the Court of Justice;  Whereas the second paragraph of Article 32b of the Treaty establishing the European Coal and Steel Community, the second paragraph of Article 167 of the Treaty establishing the European Economic Community and the second paragraph of Article 139 of the Treaty establishing the European Atomic Energy Community should be amended so that the partial replacement concerns six and five Judges alternately;  Whereas, in order to ensure the operation of the replacement system provided for, the date of expiry of the term of office of the Judge appointed to occupy for the first time the post created by this Decision should be brought forward to 6 October 1982,  HAS DECIDED AS FOLLOWS:    Article 1 The first paragraph of Article 32 of the Treaty establishing the European Coal and Steel Community, the first paragraph of Article 165 of the Treaty establishing the European Economic Community and the first paragraph of Article 137 of the Treaty establishing the European Atomic Energy Community shall be replaced by the following:  "The Court of Justice shall consist of 11 Judges."   Article 2 The second paragraph of Article 32b of the Treaty establishing the European Coal and Steel Community, the second paragraph of Article 167 of the Treaty establishing the European Economic Community and the second paragraph of Article 139 of the Treaty establishing the European Atomic Energy Community shall be replaced by the following:  "Every three years there shall be a partial replacement of the Judges. Six and five Judges shall be replaced alternately."   Article 3 The term of office of the Judge appointed to occupy for the first time the post created by this Decision shall expire on 6 October 1982.     Done at Brussels, 30 March 1981.  For the Council  The President  G. BRAKS


title: 2014/621/EU: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the budget of the Artemis Joint Undertaking for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/311

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the budget of the Artemis Joint Undertaking for the financial year 2012
   (2014/621/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Artemis Joint Undertaking for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Artemis for the financial year 2012, together with the Joint Undertaking’s replies (1),

               —

               having regard to the Council’s recommendation of 18 February 2014 (05851/2014 – C7-0053/2014),

               —

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

               —

               having regard to the 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 Council Regulation (EC) No 74/2008 of 20 December 2007 on the establishment of the ‘Artemis Joint Undertaking’ to implement a Joint Technology Initiative in Embedded Computing Systems (4), and in particular Article 11(4) 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 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 (A7-0203/2014),

               1.

               Grants the Executive Director of the Artemis Joint Undertaking discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2012;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the Artemis Joint Undertaking, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 369, 17.12.2013, p. 1.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 30, 4.2.2008, p. 52.

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

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


Avis juridique important

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32003D0908

2003/908/EC: Council Decision of 15 December 2003 on the conclusion of an agreement in the form of an Exchange of Letters relating to the provisional application of the Protocol modifying the fourth Protocol laying down the conditions relating to fishing provided for in the Agreement on fisheries between the European Economic Community, on the one hand, and the Government of Denmark and the Local Government of Greenland, on the other with regard to the provisions for experimental fisheries and the budgetary support programme

Official Journal L 342 , 30/12/2003 P. 0037 - 0037

Council Decisionof 15 December 2003on the conclusion of an agreement in the form of an Exchange of Letters relating to the provisional application of the Protocol modifying the fourth Protocol laying down the conditions relating to fishing provided for in the Agreement on fisheries between the European Economic Community, on the one hand, and the Government of Denmark and the Local Government of Greenland, on the other with regard to the provisions for experimental fisheries and the budgetary support programme(2003/908/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 37, in conjunction with Article 300(2), first subparagraph thereof,Having regard to the proposal from the Commission,Whereas:(1) In accordance with Article 14 of the Agreement on fisheries between the European Economic Community, on the one hand and the Government of Denmark and the Local Government of Greenland, on the other(1), the two Parties held negotiations with a view to determining the amendments to be made to the fourth Protocol laying down the conditions relating to fishing provided for in that Agreement.(2) As a result of these negotiations, a Protocol modifying the fourth Protocol laying down the conditions relating to fishing provided for in the Agreement on fisheries between the European Economic Community, on the one hand, and the Government of Denmark and the Local Government of Greenland, on the other, was initialled on 18 June 2003.(3) The Protocol contains provisions on experimental fisheries which the Parties agreed to apply from 1 July 2003. For this reason, the two Parties initialled an Agreement in the form of an Exchange of Letters providing for the provisional application of those provisions, from 1 July 2003, and of the budgetary support programme for a structural policy in the fisheries sector in Greenland. The Agreement in the form of an Exchange of Letters does not provide for the provisional application of other provisions of the Protocol modifying the fourth Protocol. The Agreement in the form of an Exchange of Letters should be approved pending the completion of the necessary procedures for the conclusion of the Protocol modifying the fourth Protocol,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters relating to the provisional application of the Protocol modifying the Protocol laying down the conditions relating to fishing provided for in the Agreement on fisheries between the European Economic Community, on the one hand, and the Government of Denmark and the Local Government of Greenland, on the other, for the period 1 January 2004 to 31 December 2006, with regard to the provisions for experimental fisheries and the budgetary support programme for a structural policy in the fisheries sector in Greenland, is hereby approved on behalf of the Community.The texts of the Agreement in the form of an Exchange of Letters and of the Protocol modifying the fourth Protocol are attached to this Decision.Article 2The President of the Council is hereby authorised to designate the persons empowered to sign the Agreement in the form of an Exchange of Letters in order to bind the Community.Done at Brussels, 15 December 2003.For the CouncilThe PresidentA. Marzano(1) OJ L 29, 1.2.1985, p. 9.


title: 2014/617/EU: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the budget of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/301

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the budget of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2012
   (2014/617/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union 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 Council Regulation (EC) No 2007/2004 of 26 October 2004 establishing a European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (4), and in particular Article 30 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 Civil Liberties, Justice and Home Affairs (A7-0181/2014),

               1.

               Grants the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union discharge in respect of the implementation of the Agency’s budget for the financial year 2012;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Executive Director of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 365, 13.12.2013, p. 251.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

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

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

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


title: 2005/959/EC: Council Decision of  21 December 2005  on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and New Zealand pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union

text:
               30.12.2005

               EN

               Official Journal of the European Union

               L 347/78

         COUNCIL DECISION
   of 21 December 2005
   on the conclusion of an Agreement in the form of an Exchange of Letters between the European Community and New Zealand pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union
   (2005/959/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of the first subparagraph of Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               On 22 March 2004 the Council authorised the Commission to open negotiations with certain other Members of the WTO under Article XXIV:6 of the General Agreement on Tariffs and Trade (GATT) 1994, in the course of the accessions to the European Union of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic.

               (2)

               Negotiations have been conducted by the Commission in consultation with the Committee established by Article 133 of the Treaty and within the framework of the negotiating directives issued by the Council.

               (3)

               The Commission has finalised negotiations for an Agreement in the form of an Exchange of Letters between the European Community and New Zealand pursuant to Article XXIV:6 and Article XXVIII of the GATT 1994. The said Agreement should therefore be approved.

               (4)

               The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (1),

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters between the European Community and New Zealand pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union, with respect to the withdrawal of specific concessions in relation to the withdrawal of the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union, is hereby approved on behalf of the Community.
   The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.
   Article 2
   The Commission shall adopt the detailed rules for implementing this Agreement in the form of an Exchange of Letters in accordance with the procedure laid down in Article 3 of this Decision.
   Article 3
   1.   The Commission shall be assisted by the Management Committee for Cereals instituted by Article 25 of Regulation (EC) No 1784/2003 of 29 September 2003 on the common organisation of the market in cereals (2) or the relevant committee instituted by the corresponding article of the Regulation for the common market organisation for the product concerned.
   2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
   The period provided for in Article 4(3) of Decision 1999/468/EC shall be set at one month.
   3.   The Committee shall adopt its Rules of Procedure.
   Article 4
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community (3).

      Done at Brussels, 21 December 2005.

            For the Council

            The President

         B. BRADSHAW

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

      (2)  OJ L 270, 21.10.2003, p. 78. Regulation as amended by Regulation (EC) No 1154/2005 (OJ L 187, 19.7.2005, p. 11).

      (3)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union.
    ---documentbreak---

               30.12.2005

               EN

               Official Journal of the European Union

               L 347/80

         AGREEMENT IN THE FORM OF AN EXCHANGE OF LETTERS
   between the European Community and New Zealand pursuant to Article XXIV:6 and Article XXVIII of the General Agreement on Tariffs and Trade (GATT) 1994 relating to the modification of concessions in the schedules of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the European Union
   Brussels,
   Sir,
   Following the initiation of negotiations between the European Communities (EC) and New Zealand under Article XXIV:6 and Article XXVIII of GATT 1994 for the modification of concessions in the schedules of Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the EC, the following is agreed between the EC and New Zealand with a view to concluding the negotiations opened following the EC’s notification of 19 January 2004 to the WTO pursuant to Article XXIV:6 of GATT 1994.

               The EC agrees to incorporate in its schedule for the customs territory of EC 25, the concessions that were included in its previous schedule.

               The EC agrees that it will incorporate in its schedule for the EC 25 the concessions contained in the annex to this agreement.

               New Zealand accepts the basic components of the EC’s approach to adjusting the GATT obligations of the EC-15 and those of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic following the recent enlargement of the EC: netting out of export commitments; netting out of tariff quotas; and aggregation of domestic support commitments. The applicable legal modalities for implementation shall draw on the precedent from the last EU enlargement.

         This agreement shall enter into force on the date of New Zealand’s letter in reply indicating its agreement, following consideration by the parties in accordance with their own procedures. The EC undertakes to use its best endeavours to ensure that the appropriate implementing measures are in place as soon as possible, though no later than 1 January 2006.
   Consultations may be held at any time with regard to any matter in this Agreement at the request of either Party.
   Please accept, Sir, the assurance of my highest consideration.

         On behalf of the European Community

      ANNEX

                  —

                  add 1 154 tonnes (carcase weight) to the allocation for New Zealand under the EC tariff rate quota for sheep meat; ‘meat of sheep or goats, fresh, chilled or frozen’,

                  —

                  add 735 tonnes to the allocation for New Zealand under the EC tariff rate quota for butter; ‘butter of New Zealand origin, at least 6 weeks old, with a fat content of not less than 80 % but less than 82 % by weight, manufactured directly from milk or cream’,

                  —

                  add 1 000 tonnes to the tariff rate quota for ‘high quality’ beef; ‘selected chilled or frozen premium beef cuts derived from exclusively pasture-grazed bovine animals which do not have more than four permanent incisor teeth in wear, the carcases of which have a dressed weight of not more than 325 kilograms, a compact appearance with a good eye of meat of light and uniform colour and adequate but not excessive fat cover. All cuts will be vacuum packaged and referred to as high quality beef’.

   Brussels,
   Sir,
   Reference is made to your letter stating:
   ‘Following the initiation of negotiations between the European Communities (EC) and New Zealand under Article XXIV:6 and Article XXVIII of GATT 1994 for the modification of concessions in the schedules of Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic in the course of their accession to the EC, the following is agreed between the EC and New Zealand with a view to concluding the negotiations opened following the EC’s notification of 19 January 2004 to the WTO pursuant to Article XXIV:6 of GATT 1994.

               The EC agrees to incorporate in its schedule for the customs territory of EC 25, the concessions that were included in its previous schedule.

               The EC agrees that it will incorporate in its schedule for the EC 25 the concessions contained in the annex to this agreement.

               New Zealand accepts the basic components of the EC’s approach to adjusting the GATT obligations of the EC-15 and those of the Czech Republic, the Republic of Estonia, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Republic of Hungary, the Republic of Malta, the Republic of Poland, the Republic of Slovenia and the Slovak Republic following the recent enlargement of the EC: netting out of export commitments; netting out of tariff quotas; and aggregation of domestic support commitments. The applicable legal modalities for implementation shall draw on the precedent from the last EU enlargement.

         This agreement shall enter into force on the date of New Zealand’s letter in reply indicating its agreement, following consideration by the parties in accordance with their own procedures. The EC undertakes to use its best endeavours to ensure that the appropriate implementing measures are in place as soon as possible, though no later than 1 January 2006.
   Consultations may be held at any time with regard to any matter in this Agreement at the request of either Party.’
   I hereby have the honour to express my government’s agreement.
   Please accept, Sir, the assurance of my highest consideration.

         On behalf of The Government of New Zealand


title: 2009/245/EC: Decision of the European Central Bank of 6 March 2009 concerning derogations that may be granted under Regulation (EC) No 958/2007 concerning statistics on the assets and liabilities of investment funds (ECB/2007/8) (ECB/2009/4)

text:
               18.3.2009

               EN

               Official Journal of the European Union

               L 72/21

      DECISION OF THE EUROPEAN CENTRAL BANK

   of 6 March 2009
   concerning derogations that may be granted under Regulation (EC) No 958/2007 concerning statistics on the assets and liabilities of investment funds (ECB/2007/8)
   (ECB/2009/4)
   (2009/245/EC)
   THE GOVERNING COUNCIL OF THE EUROPEAN CENTRAL BANK,
   Having regard to Regulation (EC) No 958/2007 of the European Central Bank of 27 July 2007 concerning statistics on the assets and liabilities of investment funds (ECB/2007/8) (1), and in particular Article 3(2) thereof,
   Whereas Article 3(2) of Regulation (EC) No 958/2007 (ECB/2007/8) provides that derogations from statistical reporting requirements may be granted to investment funds (IFs) that are subject to national accounting rules which allow the valuation of their assets less frequently than quarterly. It further provides that the IF categories to which the national central banks (NCBs) have the discretion to grant derogations are to be decided by the Governing Council,
   HAS ADOPTED THIS DECISION:
   Article 1
   Derogations
   The IF categories to which the NCBs have the discretion to grant derogations pursuant to Article 3(2) of Regulation (EC) No 958/2007 (ECB/2007/8) are laid down in the Annex to this Decision. The Governing Council shall review these categories at least every three years.
   Article 2
   Final provision
   This Decision is addressed to the NCBs of the Member States that have adopted the euro.

      Done at Frankfurt am Main, 6 March 2009.

            The President of the ECB

         Jean-Claude TRICHET

      (1)  OJ L 211, 11.8.2007, p. 8.

      ANNEX
      Investment fund categories for which derogations may be granted under Article 3(2) of Regulation (EC) No 958/2007 (ECB/2007/8)

                  Member State

                  Name of IF category

                  Legal act relating to the category

                  Legal act determining the frequency of valuation

                  Frequency of valuation under national legislation

                  Title of legal act

                  Number/date of legal act

                  Relevant provisions

                  Title of legal act

                  Number/date of legal act

                  Relevant provisions

                  Greece

                  Εταιρίες επενδύσεων σε ακίνητη περιουσία
                  (Real estate investment companies)

                  Αμοιβαία Κεφάλαια Ακίνητης Περιουσίας — Εταιρίες Επενδύσεων σε Ακίνητη Περιουσία και άλλες διατάξεις
                  (Law on real estate mutual funds — real estate investment companies and other legal provisions)

                  No 2778 of 30 December 1999

                  Article 21

                  Αμοιβαία Κεφάλαια Ακίνητης Περιουσίας — Εταιρίες Επενδύσεων σε Ακίνητη Περιουσία και άλλες διατάξεις
                  (Law on real estate mutual funds — real estate investment companies and other legal provisions)

                  No 2778 of 30 December 1999

                  Articles 22(7) and 27(3) and (4)

                  Annual

                  France

                  Fonds commun de placement à risque
                  (Venture capital mutual funds)

                  Code monétaire et financier
                  (Monetary and Financial Code)

                  Chapter IV, Section 1, sub-section 10, L 214-36 to L 214-38

                  Règlement général de l’Autorité des marchés financiers
                  (General regulation of the Financial Markets Authority)

                  Book IV, Article 141-13

                  Biannual

                  France

                  Sociétés civiles de placement immobilier
                  (Real estate investment companies)

                  Code monétaire et financier

                  Chapter IV, Section 3 L 214-50 to L 214-84

                  Règlement général de l’Autorité des marchés financiers

                  Book IV, Article 422-44

                  Annual

                  France

                  Organismes de placement collectif immobilier
                  (Real estate collective investment undertakings)

                  Code monétaire et financier

                  Chapter IV, Section 5, L 214-89 to L 214-146

                  Règlement général de l’Autorité des marchés financiers

                  Book IV, Article 424-66

                  Biannual

                  Italy

                  Fondi chiusi
                  (Closed funds)

                  Decreto legislativo — Testo unico delle disposizioni in materia di intermediazione finanziaria
                  (Legislative decree — all provisions in the field of financial intermediation)

                  No 58 of 24 February 1998

                  Part I, Article 1
                  Part II, Article 37

                  Provvedimento della Banca d’Italia — Regolamento sulla gestione collettiva del risparmio
                  (Act of the Banca d’Italia — Regulation on the collective management of savings)

                  14 April 2005

                  Title V, Chapter 1, Section II, paragraph 4.6

                  Biannual

                  Decreto ministeriale — Regolamento attuativo dell’articolo 37 del decreto legislativo del 24 febbraio 1998, n. 58
                  (Ministerial decree — Regulation implementing Article 37 of Legislative decree No 58 of 24 February 1998)

                  No 228 of 24 May 1999

                  Chapter II, Article 12

                  Portugal

                  Fundos de capital de risco
                  (Risk capital funds)

                  Decreto-Lei
                  (Decree Law)

                  No 375/2007 of 8 November 2007

                  Article 18

                  Regulamento da Comissão do Mercado de Valores Mobiliários
                  (Securities Market Commission Regulation)

                  No 1/2008 of 14 February 2008

                  Articles 4 and 11

                  Biannual


Avis juridique important

|

31983D0330

83/330/EEC: Council Decision of 21 June 1983 on the signing and the deposit of the declaration of provisional application of the 1983 Protocols for the further extension of the Wheat Trade Convention, 1971, and the Food Aid Convention, 1980, constituting the International Wheat Agreement, 1971

Official Journal L 181 , 06/07/1983 P. 0014 Spanish special edition: Chapter 03 Volume 28 P. 0097  Portuguese special edition Chapter 03 Volume 28 P. 0097

*****COUNCIL  DECISION  of 21 June 1983  on the signing and the deposit of the declaration of provisional application of the 1983 Protocols for the further extension of the Wheat Trade Convention, 1971, and the Food Aid Convention, 1980, constituting the International Wheat Agreement, 1971  (83/330/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 recommendation from the Commission,  HAS DECIDED AS FOLLOWS:  Sole Article  The President of the Council is hereby authorized to designate the person empowered to sign the declaration of provisional application of the 1983 Protocols for the further extension of the Wheat Trade Convention, 1971, and the Food Aid Convention, 1980, constituting the International Wheat Agreement, 1971, and to deposit the said declaration with the Government of the United States of America.  The texts of the Protocols and of the declaration of provisional application are attached to this Decision.  Done at Luxembourg, 21 June 1983.  For the Council  The President  H.-W. LAUTENSCHLAGER


Avis juridique important

|

31999D0370

1999/370/EC: Administrative Commission of the European Communities on social security for migrant workers - Decision No 171 of 9 December 1998 amending Decision No 135 of 1 July 1987 concerning the granting of benefits in kind provided for in Article 17(7) and Article 60(6) of Council Regulation (EEC) No 574/72 and the concepts of urgency within the meaning of Article 20 of Regulation (EEC) No 1408/71 and of extreme urgency within the meaning of Article 17(7) and Article 60(6) of Regulation (EEC) No 574/72

Official Journal L 143 , 08/06/1999 P. 0011 - 0012

DECISION No 171of 9 December 1998amending Decision No 135 of 1 July 1987 concerning the granting of benefits in kind provided for in Article 17(7) and Article 60(6) of Council Regulation (EEC) No 574/72 and the concepts of urgency within the meaning of Article 20 of Regulation (EEC) No 1408/71 and of extreme urgency within the meaning of Article 17(7) and Article 60(6) of Regulation (EEC) No 574/72(1999/370/EC)THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,Having regard to Article 81(a) of Council Regulation (EEC) No 1408/71 of 14 June 1971, under which it is made responsible for dealing with all administrative questions or matters of interpretation arising from the provisions of Regulation (EEC) No 1408/71 and subsequent Regulations,Having regard to Article 17(7) and Article 60(6) of Regulation (EEC) No 574/72,Having regard to Council Regulation (EC) No 1103/97 of 17 June 1997 on certain provisions relating to the introduction of the euro,Having regard to Council Regulation (EC) No 974/98 of 3 May 1998 on the introduction of the euro,Having regard to Decision No 135,Whereas the amounts referred to in Decision No 135, which are expressed in national currencies prior to the introduction of the euro, should be converted into euro;Whereas the principal aim of Decision No 135 is to fix an identical threshold amount for all Member States, expressed in euro, which shall apply to all Member States, including those not participating in the euro,HAS DECIDED AS FOLLOWS:1. Paragraph 2(2) of Decision No 135 of 1 July 1987 shall be replaced by the following: "2.2. the expected or actual cost of that benefit exceeds the flat-rate amount of EUR 500."2. This Decision shall be published in the Official Journal of the European Communities. It shall apply from 1 January 1999.The Chairman of the Administrative CommissionHelmut SIEDL


title: Council Decision of 6 May 2014 appointing one member of the Management Board of the European Chemicals Agency

text:
               15.5.2014

               EN

               Official Journal of the European Union

               C 145/2

         COUNCIL DECISION
   of 6 May 2014
   appointing one member of the Management Board of the European Chemicals Agency
   2014/C 145/02
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1907/2006 of the European Parliament and of the Council of 18 December 2006 concerning the Registration, Evaluation, Authorisation and Restriction of Chemicals (REACH), establishing a European Chemicals Agency, amending Directive 1999/45/EC and repealing Council Regulation (EEC) No 793/93 and Commission Regulation (EC) No 1488/94 as well as Council Directive 76/769/EEC and Commission Directives 91/155/EEC, 93/67/EEC, 93/105/EC and 2000/21/EC (1), and in particular Article 79 thereof,
   Whereas:

               (1)

               Article 79 of Regulation (EC) No 1907/2006 provides that the Council is to appoint as members of the Management Board of the European Chemicals Agency (‘the Management Board’) one representative from each Member State.

               (2)

               By its Decision of 17 May 2011 (2), the Council appointed 15 members of the Management Board.

               (3)

               The Government of Denmark has informed the Council of its intention to replace the Danish representative on the Management Board and has submitted a nomination for a new representative, who should be appointed for a period which runs until 31 May 2015,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Henrik Søren LARSEN, of Danish nationality, born on 9 December 1961, shall be appointed member of the Management Board of the European Chemicals Agency, replacing Mr Peter ØSTERGAARD, for the period from 6 May 2014 to 31 May 2015.
   Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 6 May 2014.

            For the Council

            The President

         G. STOURNARAS

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

      (2)  OJ C 151, 21.5.2011, p. 1.


Important legal notice

|

52006DP0589

European Parliament decision on amendment of Rules 15 and 182(1) of Parliament's Rules of Procedure - Election of Quaestors and committee bureaux (2006/2287(REG))

Official Journal 317 E , 23/12/2006 P. 0749 - 0749

		20061223P6_TA(2006)0589Amendment of the Rules of Procedure (Quaestors, committee bureaux)European Parliament decision on amendment of Rules 15 and 182(1) of Parliament's Rules of Procedure — Election of Quaestors and committee bureaux (2006/2287(REG))The European Parliament,- having regard to the proposal for amendment of its Rules of Procedure (B6-0628/2006),- having regard to Rules 201 and 202 of its Rules of Procedure,- having regard to the report of the Committee on Constitutional Affairs (A6-0464/2006);1. Decides to amend its Rules of Procedure as shown below;2. Decides that the amendments will enter into force on 1 January 2007;3. Instructs its President to forward this decision to the Council and Commission, for information.Amendment 1Rule 15, subparagraph 2 a (new)Amendment 2Rule 182, paragraph 1, subparagraph 1 a (new)--------------------------------------------------


Avis juridique important

|

32002D0299

2002/299/EC: Commission Decision of 15 April 2002 conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Slovak Republic in the pre-accession period

Official Journal L 102 , 18/04/2002 P. 0034 - 0035

Commission Decisionof 15 April 2002conferring management of aid on implementing agencies for pre-accession measures in agriculture and rural development in the Slovak Republic in the pre-accession period(2002/299/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1266/1999 of 21 June 1999 on coordinating aid to the applicant countries in the framework of the pre-accession strategy and amending Regulation (EEC) No 3906/89(1), and in particular Article 12(2) thereof,Having regard to Commission Regulation (EC) No 2222/2000 of 7 June 2000 laying down financial rules for the application of Council Regulation (EC) No 1268/1999 on Community support for pre-accession measures for agriculture and rural development in the applicant countries of central and eastern Europe in the pre-accession period(2), as amended by Regulation (EC) No 2252/2001(3), and in particular Article 3(2) thereof,Whereas:(1) In accordance with Article 4(5) of Council Regulation (EC) No 1268/1999 of 21 June 1999 on Community support for pre-accession measures for agriculture and rural development in the Applicant Countries of central and eastern Europe in the pre-accession period(4), as last amended by Regulation (EC) No 2500/2001(5), a programme for agriculture and rural development was approved by Commission Decision C(2000) 3327 final on 17 November 2000 for the Slovak Republic.(2) The Government of the Slovak Republic and the Commission, acting on behalf of the European Community, has signed on 26 March 2001 the Multiannual Financing Agreement laying down the technical, legal and administrative framework for the execution of the Sapard Programme.(3) Regulation (EC) No 1266/1999 provides that the ex-ante approval requirement referred to in Article 12(1) of Regulation (EC) No 1266/1999 may be waived on the basis of a case-by-case analysis of national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance; Regulation (EC) No 2222/2000 provides for detailed rules for the carrying out of said analysis.(4) The competent authority of the Slovak Republic has appointed a Sapard Agency under the Ministry of Agriculture for the implementation of measures "Investments in agricultural enterprises", "Improvement of processing and marketing of agricultural and fish products", "Diversification activities in rural areas, only investments not involving infrastructure", "Forestry" and "Land consolidation" as defined in the Programme for Agriculture and Rural Development that was approved by Decision C(2000) 3327 final for the Slovak Republic; the National Fund Department within the Ministry of Finance has been appointed for the financial functions it is due to perform in the framework of the implementation of the Sapard programme.(5) On 25 January 2002 the Slovak authorities provided the revised list of eligible expenditure in conformity with Article 4(1), Section B of the Multiannual Financing Agreement; this did not give rise to objections by the Commission.(6) Pursuant to Regulation (EC) No 1266/1999 and Regulation (EC) No 2222/2000, the Commission has analysed the national and sectorial programme/project management capacity, financial control procedures and structures regarding public finance and has established that, for the implementation of the aforementioned measures, the Slovak Republic complies with the provisions of Articles 4 to 6 and of the Annex to Regulation (EC) No 2222/2000, with the minimum conditions set out in the Annex to Regulation (EC) No 1266/1999.(7) In particular, the Sapard Agency under the Ministry of Agriculture has implemented the following key accreditation criteria satisfactorily: written procedures, segregation of duties, pre-project approval and pre-payment checks, payment procedures, accounting procedures, computer security, internal audit, and, where appropriate, public procurement provisions.(8) The National Fund Department within the Ministry of Finance has implemented the following criteria satisfactorily for the financial functions it is due to perform in the framework of the implementation of the Sapard programme for the Slovak Republic: audit trail, treasury management, receipt of funds, disbursement to the Sapard Agency, computer security and internal audit.(9) It is therefore appropriate to waive the ex-ante approval requirement referred to in Article 12(1) of Regulation (EC) No 1266/1999 and to confer on the Sapard Agency under the Ministry of Agriculture and on the National Fund Department within the Ministry of Finance in the Slovak Republic the management of aid on a decentralised basis.(10) However, since the verifications carried out by the Commission are based on an operational, but not operating, system, it is therefore appropriate to confer the management of the Sapard Programme on the Sapard Agency under the Ministry of Agriculture and on the National Fund Department within the Ministry of Finance on a provisional basis.(11) Full conferral of management of the Sapard Programme is only envisaged after further verifications in order to ensure that the system operates satisfactorily have been carried out and after any recommendations the Commission may issue, with regard to the conferral of management of aid on the Sapard Agency under the Ministry of Agriculture and on the National Fund Department within the Ministry of Finance, have been implemented,HAS DECIDED AS FOLLOWS:Article 1The requirement of ex-ante approval by the Commission of project selection and contracting by the Slovak Republic is hereby waived.Article 2Management of the Sapard Programme is conferred on a provisional basis to:1. the Sapard Agency under the Ministry of Agriculture of the Slovak Republic, Dobrovicova 12; SK-81 266 Bratislava, for the implementation of measures "Investments in agricultural enterprises", "Improvement of processing and marketing of agricultural and fish products", "Diversification activities in rural areas, only investments not involving infrastructure", "Forestry" and "Land consolidation" as defined in the Programme for Agricultural and Rural Development that was approved by Decision C(2000) 3327 final; and2. the National Fund Department within the Ministry of Finance of the Slovak Republic, Stefanovicova 5; SK-81 782 Bratislava, for the financial functions it is due to perform in the framework of the implementation of the Sapard programme for the Slovak Republic.Done at Brussels, 15 April 2002.For the CommissionFranz FischlerMember of the Commission(1) OJ L 161, 26.6.1999, p. 68.(2) OJ L 253, 7.10.2000, p. 5.(3) OJ L 304, 21.11.2001, p. 8.(4) OJ L 161, 21.6.1999, p. 87.(5) OJ L 342, 27.12.2001, p. 1.


title: Council decision 2006/386/CFSP of  1 June 2006  implementing Common Position 2005/411/CFSP concerning restrictive measures against Sudan

text:
               2.6.2006

               EN

               Official Journal of the European Union

               L 148/61

      COUNCIL DECISION 2006/386/CFSP
   of 1 June 2006
   implementing Common Position 2005/411/CFSP concerning restrictive measures against Sudan
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Common Position 2005/411/CFSP (1), and in particular Article 6 thereof, in conjunction with Article 23(2) of the Treaty on European Union,
   Whereas:

               (1)

               On 30 May 2005, the Council adopted Common Position 2005/411/CFSP in order to implement the measures imposed against Sudan by United Nations Security Council Resolution (UNSCR) 1591 (2005).

               (2)

               On 25 April 2006 the Security Council adopted Resolution 1672 (2006) whereby, acting under Chapter VII of the Charter of the United Nations, it decided that all States were to implement the measures specified in paragraph 3 of Resolution 1591 (2005) with respect to certain named individuals in respect of whom the Committee established pursuant to Resolution 1591 (2005) produced the necessary detailed justification. That Committee will also maintain and update the list of individuals, as appropriate, and will consider requests for exemptions in accordance with the role assigned to the Committee in subparagraph 3a of Resolution 1591 (2005).

               (3)

               The Annex to Common Position 2005/411/CFSP should be completed accordingly,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The list of persons set out in the Annex to this Decision shall be inserted in the Annex to Common Position 2005/411/CFSP.
   Article 2
   This Decision shall take effect on the date of its adoption.
   Article 3
   This Decision shall be published in the Official Journal of the European Union.

      Done at Luxembourg, 1 June 2006.

            For the Council

            The President

         L. PROKOP

      (1)  OJ L 139, 2.6.2005, p. 25.

      ANNEX

                  ‘1.

                  Surname, first name(s): ELHASSAN Gaffar Mohamed
                  Other information: Major-General and Commander of the Western Military Region for the Sudanese Armed Forces

                  2.

                  Surname, first name(s): HILAL Sheikh Musa
                  Other information: Paramount Chief of the Jalul Tribe in North Darfur

                  3.

                  Surname, first name(s): SHANT Adam Yacub
                  Other information: Sudanese Liberation Army (SLA) Commander

                  4.

                  Surname, first name(s): BADRI Gabril Abdul Kareem
                  Other information: National Movement for Reform and Development (NMRD) Field Commander’


title: 2013/568/EU: Decision of the European Parliament of 17 April 2013 on discharge in respect of the implementation of the budget of the European Centre for Disease Prevention and Control for the financial year 2011#Resolution of the European Parliament of 17 April 2013 with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget for the European Centre for Disease Prevention and Control for the financial year 2011

text:
               16.11.2013

               EN

               Official Journal of the European Union

               L 308/203

         DECISION OF THE EUROPEAN PARLIAMENT
   of 17 April 2013
   on discharge in respect of the implementation of the budget of the European Centre for Disease Prevention and Control for the financial year 2011
   (2013/568/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Centre for Disease Prevention and Control for the financial year 2011,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Centre for Disease Prevention and Control for the financial year 2011, together with the Centre’s replies (1),

               —

               having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

               —

               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 851/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European Centre for Disease Prevention and Control (4), and in particular Article 23 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), and in particular Article 94 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 the Environment, Public Health and Food Safety (A7-0082/2013),

               1.

               Grants the Director of the European Centre for Disease Prevention and Control discharge in respect of the implementation of the Centre’s budget for the financial year 2011;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director of the European Centre for Disease Prevention and Control, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 388, 15.12.2012, p. 66.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 142, 30.4.2004, p. 1.

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

      RESOLUTION OF THE EUROPEAN PARLIAMENT
      of 17 April 2013
      with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget for the European Centre for Disease Prevention and Control for the financial year 2011
      THE EUROPEAN PARLIAMENT,

                  —

                  having regard to the final annual accounts of the European Centre for Disease Prevention and Control for the financial year 2011,

                  —

                  having regard to the Court of Auditors’ report on the annual accounts of the European Centre for Disease Prevention and Control for the financial year 2011, together with the Centre’s replies (1),

                  —

                  having regard to the Council’s recommendation of 12 February 2013 (05753/2013 – C7-0041/2013),

                  —

                  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) (the ‘Financial Regulation’), 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 851/2004 of the European Parliament and of the Council of 21 April 2004 establishing a European Centre for Disease Prevention and Control (4), and in particular Article 23 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), and in particular Article 94 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 the Environment, Public Health and Food Safety (A7-0082/2013),

                  A.

                  whereas the European Centre for Disease Prevention and Control (‘the Centre’), which is located in Stockholm, was established by Regulation (EC) No 851/2004,

                  B.

                  whereas on 10 May 2012, Parliament granted the Director of the Centre discharge for implementation of the Centre’s budget for the financial year 2010 (6), and in its resolution accompanying the discharge, inter alia:

                              —

                              urged the Centre to put in place sufficient measures to guarantee the transparency of its recruitment procedures,

                              —

                              was concerned that the high level of carryforward, matched by a low level of accrued expenditure, was excessive and at odds with the principle of annuality,

                              —

                              considered the Centre as an important Union body to strengthen and develop European disease surveillance, to assess and communicate current and emerging threats to human health posed by infectious diseases and to pool Europe’s health knowledge,

                  C.

                  whereas the Court of Auditors, in its report on the Centre’s annual accounts for the financial year 2011, qualified its opinion with regard to irregularities in the management of one framework contract concluded in 2009 due to the fact that the Centre subsequently amended the contract, which led to payments above the set ceiling which were considered irregular and their amount exceeded the materiality threshold,

                  D.

                  whereas the Centre’s budget for the year 2011 was EUR 56 656 000, compared to EUR 57 800 000 in 2010, which represents a decrease of 2 %,

                  E.

                  whereas the contribution of the Union to the Centre’s budget for 2011 was EUR 55 400 000,

         Budgetary and financial management

                  1.

                  Notes that 2011 was the first year that the Centre received a qualified opinion from the Court of Auditors;

                  2.

                  Notes with concern the Court of Auditors’ remarks, in particular ‘the Centre concluded a framework contract (FWC) in 2009 for a maximum amount of EUR 9 million, allowing it to sign specific contracts with selected suppliers up to this amount. [..] Subsequent amendments increased these contracts’ values to EUR 14,9 million. By the end of 2011 payments made totalled EUR 12,2 million, of which EUR 3,2 million in 2011. Commitments and payments above the EUR 9 million ceiling set in the framework contract are irregular’;

                  3.

                  Takes into account that, according to the Centre:

                              —

                              the published FWC notice stated a ‘minimum of EUR 3 000 000 a year’, while the FWCs signed did not state a value of contracts to be awarded, and Article I.1, titled ‘Subject’ in each signed contract, specified that ‘signature of the contract imposes no obligation on the Centre to purchase’;

                              —

                              delivery of contracted services has been verified and accounts paid in accordance with the procedures laid down in the Financial Regulation, all payments have been legally made for services provided and no funds have been lost;

                              —

                              FWCs were awarded following a public procurement procedure compliant with the ‘open call’ procedure defined in the Financial Regulation and in accordance with the Centre’s internal procedure to ensure best value for money, genuine competition and transparency; also takes into account that no parties who may have been disadvantaged by either the procurement procedure or subsequent contracts awarded may be identified;

                  4.

                  Notes that the Centre consulted the Court of Auditors on further action once it discovered the irregularity and took steps to rectify the situation by centralising all ICT services, as well as taking further steps to prevent possible irregularities in the future;

                  5.

                  Recalls that the overall budget of the Centre for 2011 was EUR 56 656 000, of which EUR 1 256 000 represented a contribution from the European Free Trade Association countries;

                  6.

                  Acknowledges, from the 2011 annual accounts that the budget execution at the end of 2011 increased slightly and reached 96 %, compared to 95 % in 2010, in terms of commitment appropriations, equivalent to EUR 54,5 million;

         Performance

                  7.

                  Takes note that the budget execution, in terms of payments, increased by 8 % compared to 2010 and reached 76 % of the total budget compared to 68 % in 2010; acknowledges, nevertheless, that this is already an improvement, compared to 68 % in 2010 but considers that further efforts need to be done by the Centre in this respect;

         Accounting system

                  8.

                  Notes from the annual accounts that 2010 was the first full year that the Centre implemented its budget for the entire year through accrual-based accounting WF (the Commission integrated budgetary and accounting system);

         Carry-over appropriations

                  9.

                  Expresses serious concern that the Court of Auditors’ report showed that, as in the previous year, a high level of carry-over was reported for 2011; notes that out of the total budget for 2011, EUR 11 million (20 %) was carried over to 2012, including 38 % of Title III ‘operational expenditure’ appropriations; calls on the Centre to inform the discharge authority of the actions taken to address this deficiency as this high level of carry-over, coupled with a low level of accrued expenditure (EUR 5,4 million), is at odds with the budgetary principle of annuality;

         Grants

                  10.

                  Takes note from the Court of Auditors’ report that one agreement for an amount of EUR 0,2 million was signed in 2011, more than four months after the start of activities; welcomes the Centre’s improved contract management procedures;

         Procurement

                  11.

                  Observes from the annual accounts that in 2011, the procurement office supported 60 open procedures, 59 calls for tenders and one call for proposal, as well as 46 reopening procedures (IT Framework Contracts); observes, moreover, that 14 negotiated procedures with a value above EUR 25 000 were concluded, among which one was above EUR 60 000;

                  12.

                  Acknowledges from the report of the Director to the discharge authority on the measures taken in the light of the discharge authority’s observations for the financial year 2010 that of the open procurement procedures, all but 10 were successfully concluded with the award of one or multiple contracts and that of the negotiated procedures, all but five resulted in successful contract awards; calls on the Centre to provide the discharge authority with further results concerning the procurement procedures;

         Recruitment procedures

                  13.

                  Notes from the annual accounts that the total number of temporary agents in place at the Centre as of 31 December 2011 was 177, out of 200 posts provided for in the Establishment Table 2011; considers that some of the provisions of the Staff Regulations may present a considerable administrative burden; encourages, therefore, the Commission to allow for a certain degree of simplification under Article 110 of the Staff Regulation in regard to the agencies;

                  14.

                  Welcomes the Centre’s introduction of the revised internal procedure on recruitment in January 2012;

                  15.

                  Considers it important that the Centre has revised its internal procedures on recruitment and staff selection procedures which had been noticed by the Court of Auditors as improvable; encourages the strict application of the new set of rules and will further monitor the implementation;

                  16.

                  Asks the Centre for additional information on the vacancy rate;

         Internal audit

                  17.

                  Observes that a review of the implementation of the Internal Control System was performed as part of the work for the Annual Report 2011; acknowledges, in particular, that one of the standards regarding evaluation of activities has not been implemented, and three others have only been partly implemented, while the rest are mainly or fully implemented; calls on the Centre to take prompt action in this respect and inform the discharge authority on the progresses made;

                  18.

                  Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 17 April 2013 (7) on the performance, financial management and control of the agencies.

         (1)  OJ C 388, 15.12.2012, p. 66.

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

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

         (4)  OJ L 142, 30.4.2004, p. 1.

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

         (6)  OJ L 286, 17.10.2012, p. 184.

         (7)  Texts adopted, P7_TA(2013)0134 (See page 374 of this Official Journal).


title: 2011/841/EU: Council Decision of 5 December 2011 on the conclusion of the Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the work of the European Monitoring Centre for Drugs and Drug Addiction#Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the work of the European Monitoring Centre for Drugs and Drug Addiction

text:
               16.12.2011

               EN

               Official Journal of the European Union

               L 334/6

         COUNCIL DECISION
   of 5 December 2011
   on the conclusion of the Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the work of the European Monitoring Centre for Drugs and Drug Addiction
   (2011/841/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 168(5) in conjunction with Article 218(6)(a)(v) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               Regulation (EC) No 1920/2006 of the European Parliament and the Council of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (1) provides, in Article 21 thereof, that the European Monitoring Centre for Drugs and Drug Addiction shall be open to the participation of any third country that shares the interests of the Union and its Member States in its objectives and work.

               (2)

               The Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the work of the European Monitoring Centre for Drugs and Drug Addiction (hereinafter ‘the Agreement’) was signed on behalf of the Union on 6 December 2010, subject to its conclusion.

               (3)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the European Monitoring Centre for Drugs and Drug Addiction (hereinafter ‘the Agreement’) 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 shall designate the person(s) empowered to transmit, on behalf of the Union, the diplomatic note provided for in Article 10 of the Agreement (2).
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 5 December 2011.

            For the Council

            The President

         M. DOWGIELEWICZ

      (1)  OJ L 376, 27.12.2006, p. 1.

      (2)  The date of entry into force of the Agreement will be published in the Official Journal of the European Union by the General Secretariat of the Council.

      AGREEMENT
      between the European Union and the Republic of Croatia on the participation of the Republic of Croatia in the work of the European Monitoring Centre for Drugs and Drug Addiction
      THE EUROPEAN UNION (hereinafter ‘the Union’),
      of the one part, and
      THE REPUBLIC OF CROATIA,
      of the other part,
      RECALLING that the Thessaloniki European Council in 2003 aimed to further strengthen the privileged relations between the European Union and the Western Balkans drawing on the enlargement experience;
      HAVING REGARD TO Regulation (EC) No 1920/2006 of the European Parliament and of the Council of 12 December 2006 on the European Monitoring Centre for Drugs and Drug Addiction (recast) (1), (hereinafter ‘the Regulation’ and ‘the Centre’ respectively);
      WHEREAS the Regulation provides in its Article 21 that the Centre shall be open to the participation of third countries which share the Union’s interests and those of its Member States in the Centre’s objectives and work;
      WHEREAS the Republic of Croatia shares the objectives laid down for the Centre in the Regulation, and since the Republic of Croatia’s ultimate objective is to become a member of the European Union;
      WHEREAS the Republic of Croatia subscribes to the description of the tasks of the Centre and to its work method and priority areas as described in the Regulation;
      WHEREAS there exists in the Republic of Croatia an institution suitable to be linked to the European Information Network on Drugs and Drug Addiction (Reitox);
      HAVE AGREED AS FOLLOWS:
      Article 1
      Participation
      The Republic of Croatia shall participate fully in the work of the Centre on the terms set out in this Agreement.
      Article 2
      European Information Network on Drugs and Drug Addiction (Reitox)
      1.   The Republic of Croatia shall be linked to Reitox.
      2.   The Republic of Croatia shall notify the Centre of the main elements of its national information network, including its national monitoring centre, within 28 days of the entry into force of this Agreement, and name any other specialised centres which could make a useful contribution to the Centre’s work.
      Article 3
      Management Board
      The Management Board of the Centre shall invite a representative of the Republic of Croatia to participate in its meetings. The representative shall participate fully without the right to vote. The Management Board may exceptionally convoke a meeting restricted to representatives of the Member States and of the European Commission on issues of interest particular to the Union and its Member States.
      The Management Board, in session with representatives of the Republic of Croatia, shall lay down the detailed arrangements concerning the participation of the Republic of Croatia in the work of the Centre.
      Article 4
      Budget
      The Republic of Croatia shall contribute financially to the activities of the Centre, in accordance with the provisions laid down in the Annex to this Agreement, which shall form an integral part thereof.
      Article 5
      Protection and Confidentiality of Data
      1.   Where on the basis of this Agreement information is forwarded by the Centre to the Croatian authorities in accordance with Union and Croatian law, such information may be used only for the stated purpose and under the conditions prescribed by the forwarding authority. Such information may not contain personal data.
      2.   Data on drugs and drug addiction provided to the Croatian authorities by the Centre may be published subject to compliance with Union and Croatian rules on the dissemination and confidentiality of information. Personal data may not be published or made accessible to the public.
      3.   Designated specialised centres in the Republic of Croatia shall be under no obligation to provide information classified as confidential under Croatian legislation.
      4.   In relation to data supplied by the Croatian authorities to the Centre, the latter will be bound by the rules laid down in Article 6 of the Regulation.
      Article 6
      Legal Status
      The Centre shall enjoy in the Republic of Croatia the same capacity as accorded to legal entities under Croatia’s law.
      Article 7
      Liability
      The liability of the Centre shall be governed by the rules laid down in Article 19 of the Regulation.
      Article 8
      Privileges
      To enable the Centre and its staff to perform their tasks, the Republic of Croatia shall grant the privileges and immunities identical to those contained in Articles 1 to 4, Articles 5 and 6, Articles 10 to 13, Articles 15, 17 and 18 of the Protocol No 7 on Privileges and Immunities of the European Union annexed to the Treaty of European Union, to the Treaty on the Functioning of the European Union and to the Treaty establishing the European Atomic Energy Community.
      Article 9
      Staff Regulations
      Under the conditions laid down in Article 12(2)(a) of the Conditions of Employment of other servants of the European Communities laid down in Regulation (EEC, Euratom, ECSC) No 259/68 (2), Croatian nationals enjoying their full rights as citizens may be engaged under contract by the Director of the Centre.
      Article 10
      Entry into force
      This Agreement shall enter into force on the first day of the second month following the date of receipt of the latter diplomatic note confirming that legal requirements of the respective Contracting Party concerning the entry into force of the Agreement have been fulfilled.
      Article 11
      Validity and Termination
      1.   This Agreement is concluded for an unlimited period of time. It shall terminate in the date of the Republic of Croatia’s accession to the Union.
      2.   Either Contracting Party may denounce this Agreement by a written notification to the other Contracting Party. This Agreement shall cease to be in force six months after the date of the receipt of such notification.

         Done at Brussels on in duplicate in the English language.

               For the European Union

               For the Republic of Croatia

         (1)  OJ L 376, 27.12.2006, p. 1.

         (2)  OJ L 56, 4.3.1968, p. 1.

         ANNEX

            FINANCIAL CONTRIBUTION OF THE REPUBLIC OF CROATIA TO THE EUROPEAN MONITORING CENTRE FOR DRUGS AND DRUG ADDICTION

                     1.

                     The financial contribution to be paid by the Republic of Croatia to the general budget of the European Union to participate in the Centre will progressively increase in a four-year period during which the activities will be phased in by the Republic of Croatia. The financial contributions required are:

                                 —

                                 during the first year of participation

                                 EUR 100 000,

                                 —

                                 during the second year of participation

                                 EUR 150 000,

                                 —

                                 during the third year of participation

                                 EUR 210 000,

                                 —

                                 during the fourth year of participation

                                 EUR 271 000.

                           From the fifth year of participation, the annual financial contribution to be paid by the Republic of Croatia to the Centre shall be the contribution of the fourth year of participation indexed by the rate of increase of the Union subvention to the Centre.
                     The Republic of Croatia may partially use Union assistance to pay the contribution to the Centre with a maximum Union contribution of 75 % in the first year of participation, 60 % in the second year of participation and 50 % thereafter. Subject to a separate programming procedure, the requested Union funds will be transferred to the Republic of Croatia by means of a separate financing memorandum.
                     The remaining part of the contribution will be covered by the Republic of Croatia.

                     2.

                     The contribution of the Republic of Croatia will be managed in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (1) and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (2). Travel costs and subsistence costs incurred by representatives and experts of the Republic of Croatia for the purposes of taking part in the Centre’s activities or meetings related to the implementation of the Centre’s work programme shall be reimbursed by the Centre on the same basis as, and in accordance with, the procedures currently in force for the Member States of the Union.

                     3.

                     For the first calendar year of its participation the Republic of Croatia will pay a contribution calculated from the date of participation to the end of the year on a pro rata basis. For the following years the contribution will be in accordance with this Agreement.

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

            (2)  OJ L 357, 31.12.2002, p. 1.