title: 2014/597/EU: Decision of the European Parliament of 3 April 2014 on discharge in respect of the implementation of the budget of the European Network and Information Security Agency for the financial year 2012

text:
               5.9.2014

               EN

               Official Journal of the European Union

               L 266/252

         DECISION OF THE EUROPEAN PARLIAMENT
   of 3 April 2014
   on discharge in respect of the implementation of the budget of the European Network and Information Security Agency for the financial year 2012
   (2014/597/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Network and Information Security Agency for the financial year 2012,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Network and Information Security 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 460/2004 of the European Parliament and of the Council of 10 March 2004 establishing the European Network and Information Security Agency (4), and in particular Article 17 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 (A7-0194/2014),

               1.

               Grants the Executive Director of the European Network and Information Security Agency 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 Network and Information Security Agency, 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. 172.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 77, 13.3.2004, p. 1.

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

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


Avis juridique important

|

31974Y0720(07)

Decision No 91 of 12 July 1973 concerning the interpretation of Article 46 (3) of Council Regulation (EEC) No 1408/71 relating to the award of benefits due under paragraph 1 of the said Article

Official Journal C 086 , 20/07/1974 P. 0008 - 0008 Spanish special edition: Chapter 05 Volume 2 P. 0033  Portuguese special edition Chapter 05 Volume 2 P. 0033

DECISION No 91  of 12 July 1973  concerning the interpretation of Article 46 (3) of Council Regulation (EEC) No 1408/71 relating to the award of benefits due under paragraph 1 of the said Article    THE ADMINISTRATIVE COMMISSION OF THE EUROPEAN COMMUNITIES ON SOCIAL SECURITY FOR MIGRANT WORKERS,  Having regard to Article 81 (a) of Regulation (EEC) No 1408/71 under which it is the duty of the Administrative Commission to deal with all questions of interpretation arising from Regulations (EEC) No 1408/71 and (EEC) No 574/72;  Having been asked whether the adjustment provided for in Article 46 (3), second subparagraph, of Regulation (EEC) No 1408/71 applies only to amounts of benefits calculated in accordance with Article 46 (1), first subparagraph, which exceed the amount of the benefits that would have been obtained by applying, in accordance with the second subparagraph of Article 46 (1), the rules provided for in paragraphs 2 (a) and (b) of this Article, or whether it applies also to the latter amounts when these are equal to or higher than the former amounts;  Whereas the application of the rules laid down by Article 46 (2) (a) and (b) of Regulation (EEC) No 1408/71 gives the same result as that which would have been obtained by applying Article 28 (1) (b) of Regulation No 3 ; whereas the latter Regulation did not provide for the possibility of reducing the amount thus obtained;  Whereas the aim of replacing Regulation No 3 by Regulation (EEC) No 1408/71 was in particular to improve the position of workers which arose from the application of Regulation No 3;  Whereas the application of Article 46 (3) to benefits under Article 46 (1) the amount of which is determined pro rata temporis would have the opposite effect;  Acting in accordance with the provisions of Article 80 (3) of Regulation (EEC) No 1408/71,  HAS DECIDED AS FOLLOWS:       1. Article 46 (3), second subparagraph of Regulation (EEC) No 1408/71 shall only apply to benefits the amount of which, calculated in accordance with the provisions of paragraph 1, first subparagraph, of this Article, exceeds the amount that would be obtained by applying the rules of paragraphs 2 (a) and (b) of the said Article to the calculation of these benefits.       2. This Decision shall be published in the Official Journal of the European Communities and shall take effect on the date of entry into force of the abovementioned Regulation. It shall be applicable in the six original Member States from 1 October 1972 and, in accordance with the Treaty of Accession, from 1 April 1973 in the three new Member States.    The Chairman of the Administrative Commission  A. TRIER


title: 2010/334/CFSP: Political and Security Committee Decision EU SSR GUINEA-BISSAU/1/2010 of 15 June 2010 concerning the appointment of the Head of Mission of the European Union mission in support of security sector reform in the Republic of Guinea-Bissau (EU SSR GUINEA-BISSAU)

text:
               17.6.2010

               EN

               Official Journal of the European Union

               L 151/18

         POLITICAL AND SECURITY COMMITTEE DECISION EU SSR GUINEA-BISSAU/1/2010
   of 15 June 2010
   concerning the appointment of the Head of Mission of the European Union mission in support of security sector reform in the Republic of Guinea-Bissau (EU SSR GUINEA-BISSAU)
   (2010/334/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third subparagraph of Article 38 thereof,
   Having regard to Council Joint Action 2008/112/CFSP of 12 February 2008 on the European Union mission in support of security sector reform in the Republic of Guinea-Bissau (EU SSR GUINEA-BISSAU) (1), and in particular the second subparagraph of Article 8(1) thereof,
   Whereas:

               (1)

               Pursuant to Article 8(1) of Joint Action 2008/112/CFSP, the Council authorised the Political and Security Committee (hereinafter referred to as ‘PSC’), in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of the EU SSR GUINEA-BISSAU mission, including the decision to appoint a Head of Mission.

               (2)

               On 5 March 2008, upon a proposal by the Secretary General of the Council, High Representative for the common foreign and security policy, the PSC appointed by Decision EU SSR GUINEA-BISSAU/1/2008 (2) Mr Juan Esteban VERASTEGUI as Head of Mission of the European Union mission EU SSR GUINEA-BISSAU.

               (3)

               The High Representative of the Union for Foreign Affairs and Security Policy has proposed that Mr Fernando AFONSO be appointed to replace Mr Juan Esteban VERASTEGUI as Head of Mission of the European Union mission EU SSR GUINEA-BISSAU from 1 July 2010,

         HAS ADOPTED THIS DECISION:
   Article 1
   Mr Fernando AFONSO is hereby appointed as Head of Mission of the European Union mission in support of security sector reform in the Republic of Guinea-Bissau (EU SSR GUINEA-BISSAU), from 1 July 2010.
   Article 2
   Political and Security Committee Decision EU SSR GUINEA-BISSAU/1/2008 of 5 March 2008 is hereby repealed.
   Article 3
   This Decision shall enter into force on the date of its adoption.
   It shall apply until the expiry of Council Joint Action 2008/112/CFSP.

      Done at Brussels, 15 June 2010.

            For the Political and Security Committee

            The Chairman

         C. FERNÁNDEZ-ARIAS

      (1)  OJ L 40, 14.2.2008, p. 11.

      (2)  OJ L 73, 15.3.2008, p. 34.


title: Political and Security Committee Decision (CFSP) 2016/563 of 15 March 2016 on the acceptance of Turkey's contribution to the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) (EUAM Ukraine/2/2016)

text:
               12.4.2016

               EN

               Official Journal of the European Union

               L 96/37

         POLITICAL AND SECURITY COMMITTEE DECISION (CFSP) 2016/563
   of 15 March 2016
   on the acceptance of Turkey's contribution to the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) (EUAM Ukraine/2/2016)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Decision 2014/486/CFSP of 22 July 2014 on the European Union Advisory Mission for Civilian Security Sector Reform Ukraine (EUAM Ukraine) (1),
   Whereas:

               (1)

               Pursuant to Article 10(3) of Decision 2014/486/CFSP, the Council authorised the Political and Security Committee (‘PSC’) to take relevant decisions on the acceptance of contributions to EUAM Ukraine by third States.

               (2)

               The Civilian Operations Commander recommended that the PSC accept the proposed contribution from Turkey to EUAM Ukraine and to consider the contribution as significant.

               (3)

               Turkey should be exempted from financial contributions to the budget of EUAM Ukraine,

         HAS ADOPTED THIS DECISION:
   Article 1
   Third States' contributions
   1.   The contribution from Turkey to EUAM Ukraine is accepted and considered to be significant.
   2.   Turkey is exempted from financial contributions to the budget of EUAM Ukraine.
   Article 2
   Entry into force
   This Decision shall enter into force on the date of its adoption.
   It shall apply from 3 November 2015.

      Done at Brussels, 15 March 2016.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 217, 23.7.2014, p. 42.


title: 2012/381/EU: Council Decision of 13 December 2011 on the conclusion of the Agreement between the European Union and Australia on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the Australian Customs and Border Protection Service

text:
               14.7.2012

               EN

               Official Journal of the European Union

               L 186/3

         COUNCIL DECISION
   of 13 December 2011
   on the conclusion of the Agreement between the European Union and Australia on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the Australian Customs and Border Protection Service
   (2012/381/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Articles 82(1)(d) and 87(2)(a), in conjunction with Article 218(6)(a) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               On 2 December 2010, the Council adopted a Decision authorising the Commission to open negotiations on behalf of the Union with Australia for the transfer and use of Passenger Name Record (PNR) data to prevent and combat terrorism and other serious transnational crime.

               (2)

               In accordance with Council Decision 2012/380/EU (1), the Agreement between the European Union and Australia on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the Australian Customs and Border Protection Service (the ‘Agreement’) has been signed, subject to its conclusion at a later date.

               (3)

               The Agreement should be concluded.

               (4)

               The Agreement respects the fundamental rights and observes the principles recognised in particular by the Charter of Fundamental Rights of the European Union (the ‘Charter’), notably the right to respect for private and family life, recognised in Article 7 of the Charter, the right to the protection of personal data, recognised in Article 8 of the Charter and the right to effective remedy and fair trial recognised in Article 47 of the Charter. The Agreement should be applied in accordance with those rights and principles.

               (5)

               In accordance with Article 3 of the Protocol on the position of the United Kingdom and Ireland in respect of the Area of Freedom, Security and Justice annexed to the Treaty on European Union and the Treaty on the Functioning of the European Union, those Member States have notified their wish to take part in the adoption and application of this Decision.

               (6)

               In accordance with Articles 1 and 2 of the Protocol on the Position of Denmark annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark is not taking part in the adoption of this Decision and is not bound by the Agreement or subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and Australia on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the Australian Customs and Border Protection Service (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 empowered to proceed, on behalf of the Union, to the exchange of the instruments of approval provided for in Article 29 of the Agreement, in order to express the consent of the Union to be bound by the Agreement (2).
   Article 3
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 13 December 2011.

            For the Council

            The President

         M. CICHOCKI

      (1)  See page 2 of this Official Journal.

      (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.
   FINAL ACT
   The representatives of:
   ΤΗΕ EUROPEAN UNION,
   of the one part, and
   AUSTRALIA,
   of the other part,
   meeting at Brussels, on 29 September 2011, for the signature of the Agreement between the European Union and Australia on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the Australian Customs and Border Protection Service, have at the time of signature of this Agreement:

               —

               adopted the Joint Declaration attached to this Final Act.

      ΙΝ WITNESS WHEREOF, the undersigned Plenipotentiaries have signed this Final Act.
      Done at Brussels, on 29 September 2011.

         For the European Union

         For Australia

   JOINT DECLARATION OF THE EUROPEAN UNION AND AUSTRALIA ON THE AGREEMENT ON THE PROCESSING AND TRANSFER OF PASSENGER NAME RECORD (PNR) DATA BY AIR CARRIERS TO THE AUSTRALIAN CUSTOMS AND BORDER PROTECTION SERVICE
   When implementing the Agreement on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the Australian Customs and Border Protection Service (‘the Agreement’), the European Union and Australia have reached the following understandings in respect of their obligations under Articles 19 and 24 of the Agreement:

               1.

               in the context of the joint consultation and review mechanism set out in Article 24 of the Agreement, Australia and the European Union will exchange information where appropriate, regarding the transfers of European Union citizens’ and residents’ PNR data to the authorities of third countries as laid down in Article 19 of the Agreement;

               2.

               provide that, in the context of the consultation and review mechanism set out in Article 24 of the Agreement, all appropriate information will be supplied on the conditions governing those transfers on a case-by-case basis in accordance with the provisions of Article 19;

               3.

               pay particular attention to providing all the safeguards for the implementation of the provisions of Article 19(1)(a), so as to be satisfied that third countries receiving such data have agreed to afford to the data the legal and practical safeguards provided by the Agreement;

               4.

               set up specific reporting mechanisms between the authorities of Member States and of Australia, where the data of a European Union citizen or resident is transferred under Article 19(1)(f).

          ---documentbreak---

               14.7.2012

               EN

               Official Journal of the European Union

               L 186/4

         AGREEMENT
   between the European Union and Australia on the processing and transfer of Passenger Name Record (PNR) data by air carriers to the Australian Customs and Border Protection Service
   THE EUROPEAN UNION, hereafter also referred to as the EU,
   of the one part, and
   AUSTRALIA,
   of the other part,
   Together hereinafter referred to as ‘the Parties’,
   DESIRING to prevent and combat terrorism and serious transnational crime effectively as a means of protecting their respective democratic societies and common values;
   SEEKING to enhance and encourage cooperation between the Parties in the spirit of the EU-Australian partnership;
   RECOGNISING that information sharing is a fundamental component of the fight against terrorism and serious transnational crime, and that in this context the use of Passenger Name Record (PNR) data is an essential tool;
   RECOGNISING the importance of preventing and combating terrorism and serious transnational crime, while respecting fundamental rights and freedoms, in particular, privacy and the protection of personal data;
   MINDFUL of Article 6 of the Treaty on European Union on respect for fundamental rights, the right to privacy with regard to the processing of personal data as stipulated in Article 16 of the Treaty on the Functioning of the European Union, the principles of proportionality and necessity concerning the right to private and family life, the respect for privacy, and the protection of personal data under Article 8 of the European Convention on the Protection of Human Rights and Fundamental Freedoms, Council of Europe Convention No 108 for the Protection of Individuals with regard to Automatic Processing of Personal Data and its additional Protocol 181, Articles 7 and 8 of the Charter of Fundamental Rights of the European Union and Article 17 of the International Covenant on Civil and Political Rights on the right to privacy;
   RECOGNISING that, in 2008, Australia and the EU signed the Agreement Between the European Union and Australia on the Processing and Transfer of European Union – Sourced Passenger Name Record (PNR) Data by Air Carriers to the Australian Customs Service which is applied provisionally from the time of signature but has not entered into force;
   NOTING that the European Parliament decided on 5 May 2010 to postpone the vote on the request for consent to that Agreement and by its Resolution of 11 November 2010 welcomed the recommendation from the European Commission to the Council of the European Union to negotiate a new agreement;
   RECOGNISING the relevant provisions of the Australian Customs Act 1901 (Cth) (the Customs Act), and in particular section 64AF thereof whereby, if requested, all international passenger air service operators, flying to, from or through Australia, are required to provide the Australian Customs and Border Protection Service with PNR data, to the extent that they are collected and contained in the air carrier’s reservations and departure control systems, in a particular manner and form;
   RECOGNISING that the Australian Customs Administration Act 1985 (Cth), Migration Act 1958 (Cth), Crimes Act 1914 (Cth), Privacy Act 1988 (Cth), Freedom of Information Act 1982 (Cth), Auditor-General Act 1997 (Cth), Ombudsman Act 1976 (Cth) and Public Service Act 1999 (Cth) provide for data protection, rights of access and redress, rectification and annotation and remedies and sanctions for misuse of personal data;
   NOTING the commitment of Australia that the Australian Customs and Border Protection Service processes PNR data strictly for the purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious transnational crime in strict compliance with safeguards on privacy and the protection of personal data, as set out in this Agreement;
   STRESSING the importance of sharing of analytical data obtained from PNR by Australia with police and judicial authorities of Member States of the European Union, and Europol or Eurojust, as a means to foster international police and judicial cooperation;
   AFFIRMING that this Agreement does not constitute a precedent for any future arrangements between Australia and the European Union, or between either of the Parties and any State, regarding the processing and transfer of PNR data or any other form of data and noting that the necessity and feasibility of similar arrangements for sea passengers may be examined,
   HAVE AGREED AS FOLLOWS:
   CHAPTER I

      GENERAL PROVISIONS

   Article 1
   Purpose of Agreement
   To ensure the security and safety of the public this Agreement provides for the transfer of EU-sourced PNR data to the Australian Customs and Border Protection Service. This Agreement stipulates the conditions under which such data may be transferred and used, and the manner in which the data shall be protected.
   Article 2
   Definitions
   For the purposes of this Agreement:

               (a)

               ‘Agreement’ shall mean this Agreement and its Annexes, and any amendments thereto;

               (b)

               ‘personal data’ shall mean any information relating to an identified or identifiable natural person: an identifiable person is one who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity;

               (c)

               ‘processing’ shall mean any operation or set of operations which is performed upon PNR data, whether or not by automatic means, such as collection, recording, organisation, retention, adaptation or alteration, retrieval, consultation, use, disclosure by transmission or transfer, dissemination or otherwise making available, alignment or combination, blocking, erasure or destruction;

               (d)

               ‘air carriers’ shall mean air carriers that have reservation systems and/or PNR data processed in the territory of the European Union and operate passenger flights in international air transportation to, from or through Australia;

               (e)

               ‘reservation systems’ shall mean an air carrier’s reservation system, departure control system or equivalent systems providing the same functionalities;

               (f)

               ‘Passenger Name Record data’ or ‘PNR data’ shall mean the information processed in the EU by air carriers on each passenger’s travel requirements as listed in Annex 1 which contains the information necessary for processing and control of reservations by the booking and participating air carriers;

               (g)

               ‘passenger’ shall mean passenger or crew member including the captain;

               (h)

               ‘sensitive data’ shall mean any personal data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, or health or sex life.

         Article 3
   Scope of application
   1.   Australia shall ensure that the Australian Customs and Border Protection Service processes PNR data received pursuant to this Agreement strictly for the purpose of preventing, detecting, investigating and prosecuting terrorist offences or serious transnational crime:
   2.   Terrorist offences shall include:

               (a)

               acts of a person that involve violence, or are otherwise dangerous to human life or create a risk of damage to property or infrastructure, and which, given their nature and context, are reasonably believed to be committed with the aim of:

                           (i)

                           intimidating or coercing a population;

                           (ii)

                           intimidating, compelling, or coercing a government or international organisation to act or abstain from acting;

                           (iii)

                           seriously destabilising or destroying the fundamental political, constitutional, economic, or social structures of a country or an international organisation;

               (b)

               assisting, sponsoring or providing financial, material or technological support for, or financial or other services to or in support of, acts described in subparagraph (a);

               (c)

               providing or collecting funds, by any means, directly or indirectly, with the intention that they should be used or in the knowledge that they are to be used, in full or in part, in order to carry out any of the acts described in subparagraphs (a) or (b); or

               (d)

               aiding, abetting, or attempting acts described in subparagraphs (a), (b) or (c).

         3.   Serious transnational crime shall mean any offence punishable in Australia by a custodial sentence or a detention order for a maximum period of at least four years or a more serious penalty and as it is defined by the Australian law, if the crime is transnational in nature. A crime is considered as transnational in nature in particular if:

               (a)

               it is committed in more than one country;

               (b)

               it is committed in one country but a substantial part of its preparation, planning, direction or control takes place in another country;

               (c)

               it is committed in one country but involves an organised criminal group that engages in criminal activities in more than one country; or

               (d)

               it is committed in one country but has substantial effects in another country.

         4.   In exceptional cases, PNR data may be processed by Australia where necessary for the protection of the vital interests of any individual, such as risk of death, serious injury or threat to health.
   5.   In addition, for the purpose of supervision and accountability of public administration and the facilitation of redress and sanctions for the misuse of data, PNR data may be processed on a case-by-case basis where such processing is specifically required by Australian law.
   Article 4
   Ensuring provision of PNR data
   1.   Air carriers shall provide PNR data contained in their reservation systems to the Australian Customs and Border Protection Service. They shall not be prevented by any provision of the law of either Party from complying with relevant Australian law which obliges them to so provide the data.
   2.   Australia shall not require air carriers to provide PNR data elements which are not already collected or held in their reservation systems.
   3.   Should PNR data transferred by air carriers include data beyond those listed in Annex 1, the Australian Customs and Border Protection Service shall delete it.
   Article 5
   Adequacy
   Compliance with this Agreement by the Australian Customs and Border Protection Service shall, within the meaning of relevant EU data-protection law, constitute an adequate level of protection for PNR data transferred to the Australian Customs and Border Protection Service for the purpose of this Agreement.
   Article 6
   Police and judicial cooperation
   1.   The Australian Customs and Border Protection Service shall ensure the availability, as soon as practicable, of relevant and appropriate analytical information obtained from PNR data to police or judicial authorities of the Member State of the European Union concerned, or to Europol or Eurojust within the remit of their respective mandates, and in accordance with law enforcement or other information sharing agreements or arrangements between Australia and any Member State of the European Union, Europol or Eurojust, as applicable.
   2.   A police or judicial authority of a Member State of the European Union, or Europol or Eurojust within the remit of their respective mandates, may request access to PNR data or relevant and appropriate analytical information obtained from PNR data which is necessary in a specific case to prevent, detect, investigate, or prosecute within the European Union a terrorist offence or serious transnational crime. The Australian Customs and Border Protection Service shall, in accordance with the agreements or arrangements referred to in paragraph 1, make such information available.
   CHAPTER II

      SAFEGUARDS APPLICABLE TO THE PROCESSING OF PNR DATA

   Article 7
   Data protection and non-discrimination
   1.   PNR data shall be subject to the provisions of the Australian Privacy Act 1988 (Cth) (Privacy Act) which governs the collection, use, storage and disclosure, security and access and alteration of personal information held by most Australian Government departments and agencies.
   2.   Australia shall ensure that the safeguards applicable to the processing of PNR data under this Agreement and relevant national laws apply to all passengers without discrimination, in particular on the basis of nationality or country of residence or physical presence in Australia.
   Article 8
   Sensitive data
   Any processing by the Australian Customs and Border Protection Service of sensitive PNR data shall be prohibited. To the extent that the PNR data of a passenger which is transferred to the Australian Customs and Border Protection Service include sensitive data, the Australian Customs and Border Protection Service shall delete such sensitive data.
   Article 9
   Data security and integrity
   1.   To prevent accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access or any unlawful forms of processing:

               (a)

               PNR data-processing equipment shall be held in a secure physical environment, and maintained with high-level systems and physical intrusion controls;

               (b)

               PNR data shall be stored separately from any other data. For the purpose of matching, data may flow to the PNR system, but not from the PNR system to other databases. Access to the PNR system shall be limited to a restricted number of officials within the Australian Customs and Border Protection Service who are specifically authorised by the Chief Executive Officer of the Australian Customs and Border Protection Service to process PNR data for the purpose of this Agreement. These officials shall access the PNR system in secure work locations that are inaccessible to unauthorised individuals;

               (c)

               access to the PNR system, by the officials described in subparagraph (b) shall be controlled by security access systems such as layered logins using a user ID and password;

               (d)

               access to the network of the Australian Customs and Border Protection Service and any data contained in the PNR system shall be audited. The audit record generated shall contain the user name, the work location of the user, the date and time of access, the content of the query and the number of records returned;

               (e)

               all PNR data shall be transferred from the Australian Customs and Border Protection Service to other authorities in a secure manner;

               (f)

               the PNR system shall ensure fault detection and reporting;

               (g)

               PNR data shall be protected against any manipulation, alteration or addition or corruption by means of malfunctioning of the system;

               (h)

               no copies of the PNR database shall be made, other than for disaster recovery back-up purposes.

         2.   Any breach of data security, in particular leading to accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, or any unlawful forms of processing shall be subject to effective and dissuasive sanctions.
   3.   The Australian Customs and Border Protection Service shall report any breach of data security to the Office of the Australian Information Commissioner, and notify the European Commission that such a breach has been reported.
   Article 10
   Oversight and accountability
   1.   Compliance with data protection rules by the Australian government authorities processing PNR data shall be subject to the oversight by the Australian Information Commissioner who, under the provisions of the Privacy Act, has effective powers to investigate compliance by agencies with the Privacy Act, and monitor and investigate the extent to which the Australian Customs and Border Protection Service complies with the Privacy Act.
   2.   The Australian Customs and Border Protection Service has arrangements in place under the Privacy Act for the Australian Information Commissioner to undertake regular formal audits of all aspects of Australian Customs and Border Protection Service’s EU-sourced PNR data use, handling and access policies and procedures.
   3.   The Australian Information Commissioner will, in particular, hear claims lodged by an individual regardless of his or her nationality or country of residence, concerning the protection of his or her rights and freedoms with regard to the processing of personal data. The individual concerned will be informed of the outcome of the claim. The Australian Information Commissioner will further assist individuals concerned in the exercise of their rights under this Agreement, in particular rights of access, rectification and redress.
   4.   Individuals also have the right to lodge a complaint with the Commonwealth Ombudsman regarding their treatment by the Australian Customs and Border Protection Service.
   Article 11
   Transparency
   1.   Australia shall request air carriers to provide passengers with clear and meaningful information in relation to the collection, processing and purpose of the use of PNR data. Preferably this information will be provided at the time of booking.
   2.   Australia shall make available to the public, in particular on relevant government websites, information on the purpose of collection and use of PNR by the Australian Customs and Border Protection Service. This shall include information on how to request access, correction and redress.
   Article 12
   Right of access
   1.   Any individual shall have the right to access his or her PNR data, following a request made to the Australian Customs and Border Protection Service. Such access shall be provided without undue constraint or delay. This right is conferred by the Australian Freedom of Information Act 1982 (Cth) (Freedom of Information Act) and the Privacy Act. The right of access shall further extend to the ability to request and to obtain documents held by the Australian Customs and Border Protection Service as to whether or not data relating to him or her have been transferred or made available and information on the recipients or categories of recipients to whom the data have been disclosed.
   2.   Disclosure of information pursuant to paragraph 1 may be subject to reasonable legal limitations applicable under Australian law to safeguard the prevention, detection, investigation, or prosecution of criminal offences, and to protect public or national security, with due regard for the legitimate interest of the individual concerned.
   3.   Any refusal or restriction of access shall be set out in writing to the individual within thirty (30) days or any statutory extension of time. At the same time, the factual or legal reasons on which the decision is based shall also be communicated to him or her. The latter communication may be omitted where a reason under paragraph 2 exists. In all of these cases, individuals shall be informed of their right to lodge a complaint against the decision of the Australian Customs and Border Protection Service. This complaint will be lodged with the Australian Information Commissioner. The individual shall be further informed of the means available under Australian law for seeking administrative and judicial redress.
   4.   Where an individual submits a complaint to the Australian Information Commissioner as referred to in paragraph 3, he or she shall be formally advised of the outcome of the investigation of the complaint. He or she shall at least receive a confirmation whether his or her data protection rights have been respected in compliance with this Agreement.
   5.   The Australian Customs and Border Protection Service shall not disclose PNR data to the public, except to the individuals whose PNR data have been processed or their representatives.
   Article 13
   Right of rectification and erasure
   1.   Any individual shall have the right to seek the rectification of his or her PNR data processed by the Australian Customs and Border Protection Service where the data is inaccurate. Rectification may require erasure.
   2.   Requests for the rectification of PNR data held by the Australian Customs and Border Protection Service may be made directly to the Australian Customs and Border Protection Service pursuant to the Freedom of Information Act or the Privacy Act.
   3.   The Australian Customs and Border Protection Service shall make all necessary verifications pursuant to the request and without undue delay inform the individual whether his or her PNR data have been rectified or erased. Such notification shall be set out to the individual in writing within thirty (30) days or any statutory extension of time and provide information on a possibility of a complaint against the decision of the Australian Customs and Border Protection Service to the Australian Information Commissioner and otherwise on the means available under Australian law for seeking administrative and judicial redress.
   4.   Where an individual lodges a complaint to the Australian Information Commissioner as referred to in paragraph 3, the individual shall be formally advised of the outcome of the investigation.
   Article 14
   Right of redress
   1.   Any individual shall have the right to effective administrative and judicial redress in case any of his or her rights referred to in this Agreement have been violated.
   2.   Any individual who has suffered damage as a result of an unlawful processing operation or of any act incompatible with rights referred to in this Agreement shall have the right to apply for effective remedies, which may include compensation from Australia.
   3.   The rights referred to in paragraphs 1 and 2 shall be afforded to individuals regardless of their nationality or country of origin, place of residence or physical presence in Australia.
   Article 15
   Automated processing of PNR data
   1.   The Australian Customs and Border Protection Service or other government authorities listed in Annex 2 shall not take any decision which significantly affects or produces an adverse legal effect on a passenger solely on the basis of the automated processing of PNR data.
   2.   The Australian Customs and Border Protection Service shall not carry out the automated processing of data on the basis of sensitive data.
   Article 16
   Retention of data
   1.   PNR data shall be retained not longer than five and a half years from the date of the initial receipt of PNR data by the Australian Customs and Border Protection Service. During this period PNR data shall be retained in the PNR system only for the purpose of preventing, detecting, investigating and prosecuting terrorist offences or serious transnational crime, and in the following manner:

               (a)

               from the initial receipt to three years, all PNR data shall be accessible to a limited number of the Australian Customs and Border Protection Service’s officials specifically authorised by the Chief Executive Officer of the Australian Customs and Border Protection Service to identify passengers who may be potential persons of interest;

               (b)

               from three years after initial receipt to the end of the five and a half year period, PNR data shall be retained in the PNR system but all data elements which could serve to identify the passenger to whom PNR data relate shall be masked out. Such depersonalised PNR data shall be accessible only to a limited number of Australian Customs and Border Protection Service officials specifically authorised by the Chief Executive Officer of the Australian Customs and Border Protection Service to carry out analyses related to terrorist offences or serious transnational crime. Full access to PNR data shall be permitted only by a member of the Senior Executive Service of the Australian Customs and Border Protection Service if it is necessary to carry out investigations for the purpose of preventing, detecting, investigating and prosecuting terrorist offences and serious transnational crimes.

         2.   To achieve depersonalisation, the following PNR elements shall be masked out:

               (a)

               name(s);

               (b)

               other names on PNR, including number of travellers on PNR;

               (c)

               all available contact information (including originator information);

               (d)

               general remarks including other supplementary information (OSI), special service information (SSI) and special service request (SSR) information, to the extent that it contains any information capable of identifying a natural person; and

               (e)

               any collected advance passenger processing (APP) or advance passenger information (API) data to the extent that it contains any information capable of identifying a natural person.

         3.   Notwithstanding paragraph 1, PNR data required for a specific investigation, prosecution or enforcement of penalties for terrorist offences or serious transnational crime may be processed for the purpose of that investigation, prosecution or enforcement of penalties. PNR data may be retained until the relevant investigation or prosecution is concluded or the penalty enforced.
   4.   Upon the expiry of the data retention period specified in paragraphs 1 and 3, PNR data shall be permanently deleted.
   Article 17
   Logging and documentation of PNR data
   1.   All processing, including accessing and consulting or transfer of PNR data as well as requests for PNR data by the authorities of Australia or third countries, even if refused, shall be logged or documented by the Australian Customs and Border Protection Service for the purpose of verification of lawfulness of the data processing, self-monitoring and ensuring appropriate data integrity and security of data processing.
   2.   Logs or documentation prepared under paragraph 1 shall be used only for oversight and auditing purposes including investigation and resolution of matters pertaining to unauthorised access.
   3.   Logs or documentation prepared under paragraph 1 shall be communicated on request to the Australian Information Commissioner. The Australian Information Commissioner shall use this information only for the oversight of data protection and for ensuring proper data processing as well as data integrity and security.
   Article 18
   Sharing PNR data with other government authorities of Australia
   1.   Subject to the following safeguards, the Australian Customs and Border Protection Service may share PNR data only with those government authorities of Australia which are listed in Annex 2:

               (a)

               receiving government authorities shall afford to PNR data the safeguards as set out in this Agreement;

               (b)

               data shall be shared strictly for the purposes stated in Article 3;

               (c)

               data shall be shared only on a case-by-case basis unless the data has been depersonalised;

               (d)

               prior to the sharing, the Australian Customs and Border Protection Service shall carefully assess the relevance of data to be shared. Only those particular PNR data elements which are clearly demonstrated as necessary in particular circumstances shall be shared. In any case, the minimum amount of data possible shall be shared;

               (e)

               receiving government authorities shall ensure that the data is not further disclosed without the permission of the Australian Customs and Border Protection Service, which permission shall not be granted by the Australian Customs and Border Protection Service except for the purposes stated in Article 3 of the Agreement.

         2.   The list of authorities set forth in Annex 2 may be amended by exchange of diplomatic notes between the Parties, to include:

               (a)

               any successor departments or agencies of those which are listed in Annex 2; and

               (b)

               any new departments and agencies established after the entry into force of this Agreement whose functions are directly related to preventing, detecting, investigating or prosecuting terrorist offences or serious transnational crime; and

               (c)

               any existing departments and agencies whose functions become directly related to preventing, detecting, investigating or prosecuting terrorist offences or serious transnational crime.

         3.   When transferring analytical information containing PNR data obtained under this Agreement, the safeguards applying to PNR data in this Article shall be respected.
   4.   Nothing in this Article prevents the disclosure of PNR data where necessary for the purposes of Article 3(4) and (5) and Article 10.
   Article 19
   Transfers to authorities of third countries
   1.   Subject to the following safeguards, the Australian Customs and Border Protection Service may transfer PNR data only to specific third country authorities:

               (a)

               the Australian Customs and Border Protection Service is satisfied that the receiving third country authority has agreed to afford to the data transferred the same safeguards as set out in this Agreement;

               (b)

               only a third country authority whose functions are directly related to preventing, detecting, investigating and prosecuting terrorist offences or serious transnational crime may receive PNR data;

               (c)

               data shall be transferred for the exclusive purpose of preventing, detecting, investigating and prosecuting terrorist offences or serious transnational crime as defined in Article 3;

               (d)

               data shall be transferred only on a case-by-case basis;

               (e)

               prior to the transfer, the Australian Customs and Border Protection Service shall carefully assess the relevance of data to be transferred. Only those particular PNR data elements which are clearly demonstrated as necessary in particular circumstances shall be transferred. In any case, the minimum amount of data possible shall be transferred;

               (f)

               where the Australian Customs and Border Protection Service is aware that data of a national or a resident of a Member State is transferred, the competent authorities of the Member State concerned shall be informed of the matter at the earliest appropriate opportunity;

               (g)

               the Australian Customs and Border Protection Service is satisfied that the receiving third country authority has agreed to retain PNR data only until the relevant investigation or prosecution is concluded or the penalty enforced or are no longer required for the purposes set out in Article 3(4), and in any case no longer than necessary;

               (h)

               the Australian Customs and Border Protection Service is satisfied that the receiving third country authority has agreed not to further transfer PNR data;

               (i)

               the Australian Customs and Border Protection Service shall ensure, where appropriate, that the passenger is informed of a transfer of his or her PNR data.

         2.   When transferring analytical information containing PNR data obtained under this Agreement, the safeguards applying to PNR data in this Article shall be respected.
   3.   Nothing in this Article prevents the disclosure of PNR data where necessary for the purposes of Article 3(4).
   CHAPTER III

      MODALITIES OF TRANSFERS

   Article 20
   The method of transfer
   For the purpose of this Agreement, the Parties shall ensure that air carriers transfer to the Australian Customs and Border Protection Service PNR data exclusively on the basis of the push method and in accordance with the following procedures:

               (a)

               Air carriers shall transfer PNR data by electronic means in compliance with technical requirements of the Australian Customs and Border Protection Service or, in case of technical failure, by any other appropriate means ensuring an appropriate level of data security.

               (b)

               Air carriers shall transfer PNR data using an agreed messaging format.

               (c)

               Air carriers shall transfer PNR data in a secure manner using common protocols required by the Australian Customs and Border Protection Service.

         Article 21
   The frequency of transfer
   1.   The Parties shall ensure that air carriers transfer to the Australian Customs and Border Protection Service all requested PNR data of passengers as described in Article 20 at a maximum of five scheduled points in time per flight, with the first point being up to 72 hours before scheduled departure. The Australian Customs and Border Protection Service shall communicate to air carriers the specified times for the transfers.
   2.   In specific cases where there is an indication that early access is necessary to respond to a specific threat related to terrorist offences or serious transnational crime, the Australian Customs and Border Protection Service may require an air carrier to provide PNR data prior to the first scheduled transfer. In exercising this discretion, the Australian Customs and Border Protection Service shall act judiciously and proportionately and use exclusively the push method.
   3.   In specific cases where there is an indication that access is necessary to respond to a specific threat related to terrorist offences or serious transnational crime, the Australian Customs and Border Protection Service may require an air carrier to transfer PNR data in between or after regular transfers referred to in paragraph 1. In exercising this discretion, the Australian Customs and Border Protection Service shall act judiciously and proportionately and use exclusively the push method.
   CHAPTER IV

      IMPLEMENTING AND FINAL PROVISIONS

   Article 22
   Non-derogation/Relationship to other instruments
   1.   This Agreement shall not create or confer any right or benefit on any person or entity, private or public. Each Party shall ensure that the provisions of this Agreement are properly implemented.
   2.   Nothing in this Agreement shall limit rights or safeguards contained in the laws of Australia.
   3.   Nothing in this Agreement shall derogate from existing obligations under any bilateral mutual legal assistance instruments between Australia and Member States of the European Union to assist with a request to obtain data for evidence in criminal proceedings concerning terrorism or serious transnational crime.
   Article 23
   Dispute resolution and suspension of the Agreement
   1.   Any dispute arising from the interpretation, application or implementation of this Agreement and any matters related thereto shall give rise to consultation between the Parties with a view to reaching a mutually agreeable resolution, including providing an opportunity for either Party to comply within a reasonable time.
   2.   In the event that consultations do not result in a resolution of the dispute, either Party may suspend the application of this Agreement by written notification through diplomatic channels, with any such suspension to take effect 120 days from the date of such notification, unless otherwise agreed.
   3.   Any suspension shall cease as soon as the dispute is resolved to the satisfaction of Australia and the EU.
   4.   Notwithstanding any suspension of this Agreement, all data obtained by the Australian Customs and Border Protection Service under the terms of this Agreement shall continue to be processed in accordance with the safeguards of this Agreement, including the provisions on retention and deletion of data.
   Article 24
   Consultation and review
   1.   The Parties shall notify each other, where appropriate before adoption, of any legislative or regulatory changes which may materially affect the implementation of this Agreement. References in this Agreement to Australian legislation shall be deemed to include any successor legislation.
   2.   The Parties shall jointly review the implementation of this Agreement and any matters related thereto one year after the entry into force of this Agreement and regularly thereafter within the duration of this Agreement and additionally as requested by either Party. The Parties agree that the review should in particular look into the mechanism of masking out data according to Article 16(1)(b), any difficulties related to the operational efficiency or cost effectiveness of the mechanism, and experience acquired with similar mechanisms in other mature PNR schemes, including the EU scheme. In the event that an operationally efficient and cost effective mechanism is not available, access to the data will instead be restricted by archiving, and may be accessed only in the way that depersonalised data is accessed under Article 16.
   3.   The Parties shall agree in advance of the joint review its modalities and shall communicate to each other the composition of their respective teams. For the purpose of the joint review, the European Union shall be represented by the European Commission and Australia shall be represented by the Australian Customs and Border Protection Service. The teams may include experts on data protection and law enforcement. Subject to applicable laws, any participants to the joint review shall be required to respect confidentiality of the discussions and have appropriate security clearances. For the purpose of the joint review, the Australian Customs and Border Protection Service shall ensure access to relevant documentation, systems and personnel.
   4.   The Parties shall evaluate the Agreement, in particular its operational effectiveness no later than four years after its entry into force.
   5.   Following the joint review, the European Commission shall present a report to the European Parliament and to the Council of the European Union. Australia shall be given an opportunity to provide written comments which shall be attached to the report.
   6.   Since the establishment of an EU PNR system could change the context of this Agreement, if and when an EU PNR system is adopted, the Parties shall consult to determine whether this Agreement would need to be adjusted accordingly.
   Article 25
   Termination
   1.   Either Party may terminate this Agreement at any time by written notification through diplomatic channels. Termination shall take effect 120 days from the date of receipt of such notification, or as otherwise agreed.
   2.   Notwithstanding any termination of this Agreement, all data obtained by the Australian Customs and Border Protection Service under the terms of this Agreement shall continue to be processed in accordance with the safeguards of this Agreement, including the provisions on retention and deletion of data.
   Article 26
   Duration
   1.   Subject to Article 25, this Agreement shall remain in force for a period of seven years from the date of its entry into force.
   2.   Upon the expiry of the period set forth in paragraph 1, as well as any subsequent period of renewal under this paragraph, the Agreement shall be renewed for a subsequent period of seven years unless one of the Parties notifies the other in writing through diplomatic channels, at least 12 months in advance, of its intention not to renew the Agreement.
   3.   Notwithstanding the expiration of this Agreement, all data obtained by the Australian Customs and Border Protection Service under the terms of this Agreement shall continue to be processed in accordance with the safeguards of this Agreement, including the provisions on retention and deletion of data.
   Article 27
   PNR data received prior to the entry into force of this Agreement
   Australia shall treat any PNR data held by the Australian Customs and Border Protection Service at the time of the entry into force of this Agreement in accordance with the provisions of this Agreement. However, no data shall be required to be masked out before 1 January 2015.
   Article 28
   Territorial application
   1.   Subject to paragraphs 2 to 4, this Agreement shall apply to the territory in which the Treaty on European Union and the Treaty on the Functioning of the European Union are applicable and to the territory of Australia.
   2.   This Agreement will only apply to Denmark, the United Kingdom or Ireland, if the European Commission notifies Australia in writing that Denmark, the United Kingdom, or Ireland has chosen to be bound by this Agreement.
   3.   If the European Commission notifies Australia before the entry into force of this Agreement that it will apply to Denmark, the United Kingdom or Ireland, this Agreement shall apply to the territory of such State on the same day as for the other Member States of the European Union bound by this Agreement.
   4.   If the European Commission notifies Australia after the entry into force of this Agreement that it applies to Denmark, the United Kingdom, or Ireland, this Agreement shall apply to the territory of such State on the first day following receipt of the notification by Australia.
   Article 29
   Final Provisions
   1.   This Agreement shall enter into force on the first day of the month after the date on which the Parties have exchanged notifications indicating that they have completed their internal procedures for this purpose.
   2.   This Agreement replaces the Agreement between the European Union and Australia on the Processing and Transfer of European Union – Sourced Passenger Name Record (PNR) Data by Air Carriers to the Australian Customs Service done at Brussels on 30 June 2008, which will cease to apply upon the entry into force of this Agreement.

      Done at Brussels, on 29 September 2011, in two originals, in the English language. This Agreement shall be also drawn up in the Bulgarian, Czech, Danish, Dutch, Estonian, Finnish, French, German, Greek, Hungarian, Italian, Latvian, Lithuanian, Maltese, Polish, Portuguese, Romanian, Slovak, Slovenian, Spanish and Swedish languages, each version being equally authentic. In case of divergence between the language versions, the English version shall prevail.

         For the European Union

         For Australia

   ANNEX 1
   PNR data elements referred to in Article 2(f) which air carriers are required to provide to the Australian Customs and Border Protection Service but only to the extent they already collect them:

               1.

               PNR record locator code

               2.

               Date of reservation/issue of ticket

               3.

               Date(s) of intended travel

               4.

               Name(s)

               5.

               Available frequent flier and benefit information (i.e. free tickets, upgrades, etc.)

               6.

               Other names on PNR, including number of travellers on PNR

               7.

               All available contact information (including originator information)

               8.

               All available payment/billing information (not including other transaction details linked to a credit card or account and not connected to the travel transaction)

               9.

               Travel itinerary for specific PNR

               10.

               Travel agency/travel agent

               11.

               Code share information

               12.

               Split/divided information

               13.

               Travel status of passenger (including confirmations and check-in status)

               14.

               Ticketing information, including ticket number, one-way tickets and Automated Ticket Fare Quote

               15.

               All baggage information

               16.

               Seat information, including seat number

               17.

               General remarks including OSI, SSI and SSR information

               18.

               Any collected APIS information

               19.

               All historical changes to the PNR listed in numbers 1 to 18

         ANNEX 2
   List of other government authorities of Australia with whom the Australian Customs and Border Protection Service is authorised to share PNR data:

               1.

               Australian Crime Commission;

               2.

               Australian Federal Police;

               3.

               Australian Security Intelligence Organisation;

               4.

               Commonwealth Director of Public Prosecutions;

               5.

               Department of Immigration and Citizenship;

               6.

               Office of Transport Security, Department of Infrastructure and Transport.


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32000D0465

2000/465/EC: Decision of the European Parliament of 13 April 2000 granting discharge in respect of the implementation of the general budget of the European Union for the 1998 financial year: Section IV - Court of Justice; Section V - Court of Auditors; Section VI - Part B - Committee of the Regions

Official Journal L 191 , 27/07/2000 P. 0001 - 0002 Official Journal 040 , 07/02/2001 P. 0389 - 0391

Decision of the European Parliamentof 13 April 2000granting discharge in respect of the implementation of the general budget of the European Union for the 1998 financial year: Section IV - Court of Justice; Section V - Court of Auditors; Section VI - Part B - Committee of the Regions(2000/465/EC)THE EUROPEAN PARLIAMENT,Having regard to the revenue and expenditure account and the balance sheet for the 1998 financial year (SEC(1999) 414 - C5-0008/1999),Having regard to the Annual Report of the Court of Auditors concerning the financial year 1998 (C5-0266/1999)(1),Having regard to the Council's recommendation of 13 March 2000 (C5-0154/2000),Having regard to Article 272(10) of the EC Treaty,Having regard to Article 22(2) and (3) of the Financial Regulation,Having regard to the report of the Committee on Budgetary Control (A5-0089/2000),Court of Justice1. Notes that the evacuation of the Court of Justice's main building (Palais) was made possible by those responsible, the Court of Justice and the Luxembourg authorities, four years after the first measures were taken to deal with the presence of asbestos.2. States that its assessment of the Court of Justice's building policy will be made in the light of the Special Report the Court of Auditors is currently drawing up concerning the annexes to the Palais building.3. Requests the Court of Justice to submit, in time for the first reading of the 2001 draft budget, a report on ways to improve the quality of financial forecasts used for the endowment of Article 270 (Official Journal) in light of the continuous need for the topping up of its appropriations in the 1995 to 1997 financial years.Court of Auditors4. Reiterates its disapproval of the declining trend in the utilisation of appropriations earmarked for Chapter 15 (Staff exchanges between Community institutions and the public and private sectors); underlines that those exchanges can be beneficial in particular to national civil servants and administrations; calls on the Court of Auditors to submit, in time for the first reading of the 2001 budget, a report outlining its policy as regards the staff exchanges in question and the problems which have hindered full utilisation of available resources from 1997 onwards.5. Notes that allocations earmarked for Article 104 (mission expenses, local travel costs and incidental expenditure) had to be topped up twice to allow Members to complete the 1998 Audit Programme; asks the Court of Auditors to improve planning and forecasting in connection with that sector.Committee of the Regions6. Urges the Committee of the Regions to take all necessary steps to reverse the seriously declining rate of utilisation of appropriations (56,27 %) automatically carried over from the previous financial year. In this respect, asks for a report to be submitted to Parliament by 15 June 2000 on all Section VI appropriations automatically carried over from 1997 to 1998 and from 1998 to 1999 where the rate of cancellations is greater than 10 %.7. Reierates its request to the Committee of the Regions to improve financial management of the appropriations, the implementation of which has been entrusted to it by the budgetary authority.8. Points out that as part of its role of supporting Parliament in scrutinising implementation of the budget at the Committee of the Regions, the Court of Auditors carried out an investigation to assess the appropriateness and effectiveness of the measures taken by the Committee of the Regions to ensure that the irregularities identified in the 1996 annual report did not recur. Notes that following the investigation, which took place in September 1999, the Court of Auditors found that it was not yet able to confirm the effectiveness of the measures introduced on 1 April 1999. Insists that the latest set of rules, which entered into force on 1 April 2000, aimed at bolstering controls relating to the refund of travel expenses and daily subsistence and travel allowances, must be fully in line with the Court of Auditors' observations. Requests that the latter include the assessment of the efficiency of the new rules in the follow-up to its 1996 Annual Report.9. Regrets that, almost two years after Parliament evacuated the Belliard building complex, the Committee of the Regions, jointly with the Economic and Social Committee, do not appear to have acted with the required diligence with regard to their relocation there. Takes the view that the prolonged negotiations with the owners of the buildings ultimately risk undermining the validity of the two Committees' undertaking to move to the Belliard complex as soon as possible. Underlines that the current situation is detrimental to the Union budget with expenditure on rent and associated costs being charged in connection with both the current (Ardenne and Ravenstein complex) and future (Belliard complex) premises of the Committees.10. Urges the Committee of the Regions, jointly with the Economic and Social Committee, to conclude the abovementioned negotiations on the basis of the principle of sound financial management and to ensure optimum utilisation of appropriations put at their disposal by the budgetary authority at their own request (transfer No 44/99 involving EUR 26000000).Discharge decision11. Grants discharge to the Registrar of the Court of Justice and the Secretaries-General of the Court of Auditors and the Committee of the Regions in respect of the implementation of their budgets for the 1998 financial year.12. Instructs its President to forward this decision to the institutions and the advisory body concerned and to have it published in the Official Journal of the European Communities (L series).The Secretary-GeneralJulian PriestleyThe PresidentNicole Fontaine(1) OJ C 349, 3.12.1999.


title: 2007/541/EC,Euratom: Council and Commission Decision of 28 June 2007 on the conclusion of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

text:
               1.8.2007

               EN

               Official Journal of the European Union

               L 200/44

      COUNCIL AND COMMISSION DECISION

   of 28 June 2007
   on the conclusion of the Protocol to the Partnership and Cooperation Agreement establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
   (2007/541/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION
   AND 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, establishing a partnership between the European Communities and their Member States, of the one part, and the Russian Federation, 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 European Communities and their Member States on 23 April 2007.

               (2)

               Pending its entry into force, the Protocol has been applied on a provisional basis as from 23 April 2007.

               (3)

               The Protocol should be approved,

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

      Done at Luxembourg, 28 June 2007.

            For the Council

            The President

         S. GABRIEL

            For the Commission

            The President

         José Manuel BARROSO

      (1)  Opinion delivered on 7 June 2007 (not yet published in the Official Journal).

      (2)  OJ L 119, 9.5.2007, p. 32.

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


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32003B0889

2003/889/EC: European Parliament Decision of 6 November 2003 on the discharge to the Director of the European Monitoring Centre for Drugs and Drug Addiction in respect of the implementation of its budget for the financial year 2001

Official Journal L 333 , 20/12/2003 P. 0059 - 0059

European Parliament Decisionof 6 November 2003on the discharge to the Director of the European Monitoring Centre for Drugs and Drug Addiction in respect of the implementation of its budget for the financial year 2001(2003/889/EC)THE EUROPEAN PARLIAMENT,- having regard to the Court of Auditors' report on the financial statements of the European Monitoring Centre for Drugs and Drug Addiction for the financial year 2001, together with the Centre's replies(1) (C5-0096/2003),- having regard to the Council's recommendation of 7 March 2003 (C5-0097/2003),- having regard to the EC Treaty, and in particular Article 276 thereof,- 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 Commission Regulation (EC, Euratom) No 2343/2002 of 23 December 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(3) and, in particular, Article 94 thereof,- having regard to Rule 93a and Annex V of its Rules of Procedure,- having regard to its decision of 8 April 2003 on the postponement of the decision concerning discharge and its resolution containing the comments accompanying that decision(4),- having regard to the report of the Committee on Budgetary Control (A5-0360/2003),1. Gives discharge to the Director of the European Monitoring Centre for Drugs and Drug Addiction in respect of the implementation of its budget for the financial year 2001;2. Records its comments in the accompanying resolution;3. Instructs its President to forward this decision and the accompanying resolution to the Director of the European Monitoring Centre for Drugs and Drug Addiction, the Council, the Commission and the Court of Auditors and to have them published in the Official Journal of the European Union (L series).The Secretary-GeneralJulian PriestleyThe PresidentPat Cox(1) OJ C 326, 27.12.2002, p. 64.(2) OJ L 248, 16.9.2002, p. 1.(3) OJ L 357, 31.12.2002, p. 72.(4) OJ L 148, 16.6.2003, pp. 16 and 18.


title: 2004/725/EC: Decision of the European Parliament of 21 April 2004 concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year — Section V — Court of Auditors

text:
               21.4.2004

               EN

               Official Journal of the European Union

               L 330/143

         DECISION OF THE EUROPEAN PARLIAMENT
   of 21 April 2004
   concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year — Section V — Court of Auditors
   (2004/725/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the revenue and expenditure account and balance sheet for the 2002 financial year (I5-0034/2003 — C5-0088/2004),
   having regard to the Annual Report of the European Court of Auditors for the 2002 financial year, together with the replies of the institutions (C5-0583/2003) (1),
   having regard to the statement of assurance by the European Court of Auditors, pursuant to Article 248 of the EC Treaty, as to the reliability of the accounts and the legality and regularity of the underlying transactions (C5-0583/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0145/2004),
   having regard to Article 272(10) and Article 275 of the EC Treaty,
   having regard to Article 22(2) and (3) of the Financial Regulation of 21 December 1977 (2) and Article 50 of the Financial Regulation of 25 June 2002 (3),
   having regard to Article 143 of the Financial Regulation of 25 June 2002, and in particular paragraph 4 of that article,
   having regard to Article 276 of the EC Treaty,
   having regard to Rule 93 a of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A5-0228/2004),

               1.

               Grants the Court of Auditors discharge in respect of the implementation of the budget for the 2002 financial year;

               2.

               Records its comments in the accompanying resolution;

               3.

               Instructs its President to forward this decision and the accompanying resolution to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions and the Ombudsman and to have them published in the Official Journal of the European Union (L series).

            The Secretary-General

         Julian PRIESTLEY

            The President

         Pat COX

      (1)  OJ C 286, 28.11.2003, p. 1.

      (2)  OJ L 356, 31.12.1977, p. 1.

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

               21.4.2004

               EN

               Official Journal of the European Union

               L 330/144

         RESOLUTION
   of the European Parliament containing the comments accompanying the decision concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year — Section V — Court of Auditors
   THE EUROPEAN PARLIAMENT,
   having regard to the revenue and expenditure account and balance sheet for the 2002 financial year (I5-0034/2003 — C5-0088/2004),
   having regard to the annual report of the European Court of Auditors for the 2002 financial year, together with the replies of the institutions (C5-0583/2003) (1),
   having regard to the statement of assurance by the European Court of Auditors, pursuant to Article 248 of the EC Treaty, as to the reliability of the accounts and the legality and regularity of the underlying transactions (C5-0583/2003),
   having regard to the Council's recommendation of 9 March 2004 (C5-0145/2004),
   having regard to Article 272(10) and Article 275 of the EC Treaty,
   having regard to Article 22(2) and (3) of the Financial Regulation of 21 December 1977 (2)and Article 50 of the Financial Regulation of 25 June 2002 (3),
   having regard to Article 143 of the Financial Regulation of 25 June 2002, and in particular paragraph 4 of that article,
   having regard to Article 276 of the EC Treaty,
   having regard to Rule 93a of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A5-0228/2004),

               1.

               Notes the replies given by the President of the Court of Auditors on 19 December 2003 to the questionnaire sent by the Committee on Budgetary Control on 26 November 2003;

               2.

               Notes further the additional information forwarded by the President of the Court in his letters of 16 and 20 February 2004;

               3.

               Notes the report by the independent auditor on the accounts of the Court of Auditors for the 2002 financial year together with the auditor's certificate concerning the regularity and fairness of the financial statements at 31 December 2002 (4);

               4.

               Stresses that cooperation between Parliament and the Court of Auditors on the presentation of the annual report and special reports has further improved;

               5.

               Points out that a number of financial and management-related problems had initially arisen with regard to completion of the K2 extension which must be avoided in connection with the next extension;

               6.

               Notes that the Court of Auditors, in the course of enlargement from 15 to 25 Members, will be transferring a larger proportion of its work to its audit groups;

               7.

               Expressly recommends that the Members of the Court of Auditors ensure that the make-up of their private offices is multinational and, in particular, that at least one of the two attaché posts at their disposal is filled by an individual whose nationality is different from their own;

         Statement of assurance

               8.

               Notes with approval that, when taking office, the Members of the Court of Auditors lodge declarations of their financial interests which are considerably more comprehensive and more detailed than the equivalent declarations by Members of the Commission or MEPs and which furthermore, where appropriate, also include details concerning spouses; regards it as proper that those declarations should not be published; expects the competent authorities to be given access to those declarations, however, if investigations need to be conducted concerning a Member of the Court;

               9.

               Notes that, when verifying administrative expenditure, the Court of Auditors will in future evaluate internal control systems, internal auditors' reports and a representative number of transactions;

               10.

               Realises that the Court of Auditors' statement of assurance is essentially based on sample checks and is therefore not a tool for the targeted detection of fraud and irregularities, but, rather, is intended to allow an overall appraisal to be made of the financial management of the Institutions audited; points out that such an overall appraisal is reliable only if a sufficiently large sample of payments is audited;

               11.

               Encourages the Court in its review of annual DAS evaluation and to work in close collaboration with the other institutions to provide some form of performance indicators that can measure progress from year to year;

               12.

               Expects the Court of Auditors to ensure, in preparing its annual report and annual statement of assurance, that it bases its assessment on the latest international accounting practices and principles;

               13.

               Is taken aback that, in its annual report for 2002, the Court of Auditors supplied details of the scale of the sample of the transactions it had audited within agriculture, but, even when asked to do so, was unwilling to provide information as to the number of transactions audited by it in connection with the Institutions' administrative expenditure;

               14.

               Asks the Court of Auditors in future to give the number of transactions audited by it, broken down by Institution;

               15.

               Asks the Court of Auditors to bring the structure of its annual report, in future, into line with Article 143(3) and (4) of the Financial Regulation, which read as follows: ‘The annual report shall contain an assessment of the soundness of financial management. The annual report shall contain a section for each institution. The Court of Auditors may add any summary report or general observations which it sees fit to make’;

               16.

               Reminds the Court that Parliament requires information on every Community Institution, otherwise, it cannot perform its discharge duties; regrets the fact that the Court's annual report does not comply with this and contains no specific information whatever on the administrative expenditure of the Council, the Court of Justice, the Court of Auditors or the Economic and Social Committee; regards this as unwarranted, one reason being that, year in, year out, the Court submits a separate report for every single decentralised Community agency;

               17.

               Welcomes the announcement by the Court of Auditors that in its annual reports, in future, it will make provision for a separate section for each Community Institution;

         Lessons to be learned from the Eurostat case and combating fraud

               18.

               Notes that the Court of Auditors has repeatedly found fault in the past with individual Eurostat operations;

               19.

               Points out that to date, however, Eurostat as a whole has never been the subject of an in-depth and comprehensive audit by the Court; is concerned that that is also true of other Commission directorates-general and might be one cause of undesirable developments within the Commission;

               20.

               Is concerned that, in the past, not only were the audit reports by the decentralised audit units in Commission directorates-general ignored by the Members of the Commission, but, rather, the Court of Auditors did not insist that such reports be systematically forwarded; asks the Court of Auditors to carry out a comprehensive evaluation of those reports in future and to publish a summary of the key results in its annual report;

               21.

               Asks the Court of Auditors to take advantage of its expansion from 15 to 25 Members to ensure that, in future, its Members carry out an in-depth audit of each and every Commission directorate-general;

               22.

               Would very much welcome being notified by the Court, at the latest when its next annual report is presented, which Members have taken on special audit responsibility for which directorate-general; regards such specific terms of reference as totally compatible with the collective nature of the Court, provided that the Court has the final say;

               23.

               Asks the Court of Auditors to review its internal decisions on cooperation with OLAF in the light of the provisions of the new Staff Regulations, in particular as regards the right of staff to approach OLAF with information directly; calls on the Court of Auditors to forward to Parliament a copy of the currently applicable provisions and the changes which have been made;

               24.

               Asks the Court of Auditors to comment as to whether, in connection with the awarding procedure at the Committee of Regions described in paragraph 9.23 of its annual report, referral to the competent judicial authorities is necessary, since this might constitute restraint on freedom to participate in tendering procedures, which is a criminal offence under Belgian law (Article 314 of the Belgian Criminal Code);

         Dismissal of a Court of Auditors official

               25.

               Points out that, in April 2002, an official of the Court of Auditors publicly made the most serious allegations against Members and officials of his Institution;

               26.

               Points out that some of the allegations made by the official had previously been brought to OLAF's notice by another party or had been the subject of administrative inquiries;

               27.

               Notes that, according to OLAF, the other allegations made by the official could not be substantiated; notes further that Parliament has been given access to no evidence which might substantiate doubts as to OLAF's declaration;

               28.

               Notes that, following disciplinary proceedings, the official was dismissed in summer 2003;

               29.

               Regards that decision as a harsh penalty; points out that, pursuant to Articles 90 and 91 of the Staff Regulations, a complaint may be lodged against it and an appeal may be brought before the Court of Justice of the European Communities;

               30.

               Calls in this connection for the Community's staff regulations to be amended so as to make it possible for ‘whistle blowers’ to turn to a body outside their institution so as to ensure that their anonymity remains intact (5);

               31.

               Points out to the Court of Auditors that its action against the official must also be gauged against the measures it is taking against a former Member who is alleged to have seriously breached the obligations arising from his office;

               32.

               Is pleased that the Court of Auditors adheres to the same ‘whistleblower's doctrine’ as the Commission; notes that such a doctrine is only truly effective if staff members are aware of it; encourages the Court of Auditors to ensure that this information is freely available to its staff;

         Proceedings against a former Member of the Court

               33.

               Points out that, on the initiative of a member of the Committee on Budgetary Control, OLAF instituted an inquiry into the former member of the Court of Auditors in 2002;

               34.

               Points out further that, following on from that inquiry, OLAF referred the matter to the Luxembourg judicial authorities and that those proceedings have not yet been concluded; acknowledges that the Court is pressing ahead with recovering misappropriated monies;

               35.

               Points out to the Court of Auditors that, in tandem with the Luxembourg court proceedings, an application could be made to the European Court of Justice, as the Commission has done in the case of a former Commissioner; expects the Court of Auditors to refer the matter to the European Court of Justice, too, in order to have it established, pursuant to Article 247 of the EC Treaty, whether the former Member seriously breached the obligations arising from his office;

         Private use of official cars

               36.

               Asks the Court to confirm that official cars, the cost of which is borne by the Community budget, can be used exclusively for official journeys;

               37.

               Notes that, supposedly, the Members of the Court of Auditors can use official cars for private purposes up to a limit of 40 000 km a year and that even holiday travel at taxpayers' expense is evidently not ruled out;

               38.

               Calls on the Court, if necessary, to amend its rules by 1 July 2004 so as to require its Members to meet, in full, the cost of the private use of official cars (non-official business);

               39.

               Draws the attention of the Court to the fact that, pursuant to Article 276(3) of the EC Treaty, it is required to take all appropriate steps to comply with that demand;

         Increases in remuneration as a result of weightings

               40.

               Notes that, since 1 January 2003, the Members of the Court have again given themselves the possibility of benefiting from considerable increases in remuneration by having it transferred in part to other EU Member States, and taking advantage of ‘weightings’ in the process, rather than receiving a transfer to accounts in their country of employment, Luxembourg; states that this is defended by citing a corresponding decision by the Administrative Committee of the European Court of Justice;

               41.

               Points out that that decision is an internal administrative ruling by the Court of Justice and can under no circumstances be regarded as a ruling in its judicial capacity;

               42.

               Points out furthermore that that decision by the Court of Justice's Administrative Committee was taken on 25 September 2002, but that, on a proposal by the Council, Parliament and the Council subsequently deleted a remark from the Court of Justice's 2003 preliminary draft budget (Item A-1090) which provided for weightings to be applied, ‘by analogy’ with the provisions of the Staff Regulations of officials, to the Members of the Court of Justice too;

               43.

               Notes that, in doing so, the budgetary authority made it perfectly clear that it expected an end to be put to the practice, which, since 1 January 2003, has not been authorised either by provisions in the relevant regulations on the remuneration of Members of the Institutions or by corresponding remarks in the budget;

               44.

               Points out that the Members of the Commission no longer claim weightings; calls on the Members of the Court of Auditors to follow that example ;

               45.

               Invites its Committee on Budgets to place part of the 2005 administrative appropriations for the Court of Auditors in reserve if there is no satisfactory response to the concerns raised in this resolution over non-official car use and the system of salary weightings.

      (1)  OJ C 286, 28.11.2003, p. 1.

      (2)  OJ L 356, 31.12.1977, p. 1.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ C 259, 28.10.2003, p. 1.

      (5)  Texts adopted, 29.1.2004, P5_TA(2004) 0049.