title: Council Decision (EU) 2015/1010 of 18 November 2014 on the signing and provisional application of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union

text:
               27.6.2015

               EN

               Official Journal of the European Union

               L 162/1

         COUNCIL DECISION (EU) 2015/1010
   of 18 November 2014
   on the signing and provisional application of a Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 217, in conjunction with Article 218(5) thereof,
   Having regard to the 2005 Act of Accession, and in particular Article 6(2) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 23 October 2006 the Council authorised the Commission, on behalf of the European Community and its Member States, to negotiate protocols amending the agreements concluded between the European Community and its Member States and third countries, such as the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part (1), to take account of the accession of the Republic of Bulgaria and Romania to the European Union.

               (2)

               The negotiations with the Republic of Lebanon have since been completed.

               (3)

               The Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union (‘the Protocol’) provides in its Article 8(2) for the provisional application of the Protocol before its entry into force.

               (4)

               The Protocol should therefore be signed and should be applied on a provisional basis pending the completion of the procedures for its conclusion,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union and its Member States of the Protocol to the Euro-Mediterranean Agreement establishing an Association between the European Community and its Member States, of the one part, and the Republic of Lebanon, of the other part, to take account of the accession of the Republic of Bulgaria and Romania to the European Union is hereby authorised, subject to the conclusion of the Protocol.
   The text of the Protocol is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Protocol on behalf of the Union and its Member States.
   Article 3
   Subject to reciprocity, the Protocol shall be applied on a provisional basis from the date provided therein, pending the completion of the procedures for its conclusion.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 18 November 2014.

            For the Council

            The President

         S. GOZI

      (1)  OJ L 143, 30.5.2006, p. 2.


title: 2014/706/EU: Council Decision of 8 October 2014 appointing a United Kingdom member of the European Economic and Social Committee

text:
               11.10.2014

               EN

               Official Journal of the European Union

               L 295/58

         COUNCIL DECISION
   of 8 October 2014
   appointing a United Kingdom member of the European Economic and Social Committee

      (2014/706/EU)

   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 302 thereof,
   Having regard to the proposal of the United KingdomGovernment,
   Having regard to the opinion of the European Commission,
   Whereas:

               (1)

               On 13 September 2010 the Council adopted Decision 2010/570/EU, Euratom appointing the members of the European Economic and Social Committee for the period from 21 September 2010 to 20 September 2015 (1).

               (2)

               A member's seaton the European Economic and Social Committee has become vacant following the end of the term of office of Mr Richard BALFE,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ms Lynne FAULKNER is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2015.
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Luxembourg, 8 October 2014.

            For the Council

            The President

         M. LUPI

      (1)  OJ L 251, 25.9.2010, p. 8.


Avis juridique important

|

E1997C0501(01)

Authorization for State aid pursuant to Article 61 of the EEA Agreement and Article 11 of the Act referred to in point 1b of Annex XV to the EEA Agreement EFTA Surveillance Authority decision not to raise objections

Official Journal C 136 , 01/05/1997 P. 0004 - 0004

Authorization for State aid pursuant to Article 61 of the EEA Agreement and Article 11 of the Act referred to in point 1b of Annex XV to the EEA Agreement EFTA Surveillance Authority decision not to raise objections (97/C 136/04)Date of adoption: 19. 3. 1997EFTA State: IcelandAid No: 95-013 and 95-019Title: Aid to docking facilities for ship repairs in the harbour of Akureyri, IcelandObjectives: Regional investment aid to ship repair industryLegal basis: Aid granted by the Akureyri Harbour with support from a State grant pursuant to the Harbour Act No 23/1994Form of aid: Subsidized rental fee pursuant to a lease between the Akureyri Harbour and the shipyard Slippstö sin Oddi hfAid level: Ikr 75,2 million (ECU 0,9 million); 22,4 % nge of investment costs


title: 2011/339/EU: Council Decision of 27 May 2011 establishing the position to be taken by the European Union within the Food Aid Committee as regards the extension of the Food Aid Convention, 1999

text:
               15.6.2011

               EN

               Official Journal of the European Union

               L 156/5

         COUNCIL DECISION
   of 27 May 2011
   establishing the position to be taken by the European Union within the Food Aid Committee as regards the extension of the Food Aid Convention, 1999
   (2011/339/EU)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 214(4), in conjunction with Article 218(9), thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Community concluded the Food Aid Convention, 1999 by means of Council Decision 2000/421/EC (1). The Food Aid Convention was extended by various decisions of the Food Aid Committee.

               (2)

               The current Food Aid Convention expires on 30 June 2011 and the question of a renewal will be addressed in the session of the Food Aid Committee in June 2011.

               (3)

               Pursuant to Article XXV(b) of the Food Aid Convention, its extension is conditional upon the Grains Trade Convention, 1995 remaining in force during the same period of extension. The Grains Trade Convention remains in force until 30 June 2011 and the Union, by means of Council Decision 2011/224/EU (2), has taken the position, within the International Grains Council, in favour of its extension. Its extension should be decided on by the International Grains Council on 6 June 2011.

               (4)

               At its 103rd session on 14 December 2010, the members of the Food Aid Committee agreed that the issue of the extension of the Food Aid Convention will be revisited closer to the date of its expiry. The Union took the position that it will work towards taking a decision in June 2011 as to the future of the Food Aid Convention and that formal renegotiation should start directly without any prejudice to the formal position that will be communicated in June 2011.

               (5)

               The members of the Food Aid Committee further agreed to begin the formal process of renegotiating the Food Aid Convention, with a series of negotiation sessions.

               (6)

               The aim of the Union is for members of the Food Aid Committee to finalise the renegotiation of the Food Aid Convention and reach agreement on a new Food Aid Convention text prior to the session of the Food Aid Committee in June 2011.

               (7)

               The Union has to prepare a common position in view of the session of the Food Aid Committee in London in June 2011 for two possible alternative scenarios as follows:

                           (a)

                           the renegotiation of the Food Aid Convention by the members of the Food Aid Committee reaches a final stage prior to the session of the Food Aid Committee in June 2011, in which case an extension of the Food Aid Convention for 1 more year will be the most appropriate means to avoid a vacuum between the existing Food Aid Convention and the entry into force of a new Convention; or

                           (b)

                           the renegotiation of the Food Aid Convention has not reached a final stage prior to the session of the Food Aid Committee in June 2011, in which case an extension of the Food Aid Convention for 1 more year will not be appropriate, and the Commission, on behalf of the Union and its Member States, should formally oppose the emergence of a consensus in the Food Aid Committee, pursuant to Rule 13 of the Rules of Procedure under the Food Aid Convention, 1999, in favour of an extension of the Food Aid Convention.

               (8)

               Whether the renegotiation of the Food Aid Convention has reached a final stage or not should be assessed prior to the session of the Food Aid Committee in June 2011 by the Council Working Group on Humanitarian Aid and Food Aid (COHAFA), which, for the Food Aid Convention negotiations, serves as the committee referred to in Article 218(4) of the Treaty.

               (9)

               The Commission, which represents the Union in the Food Aid Committee, should therefore be authorised either to favour an extension of the Food Aid Convention for 1 year, i.e. until 30 June 2012, or to oppose a consensus in the Food Aid Committee favouring such extension,

         HAS ADOPTED THIS DECISION:
   Article 1
   The position of the Union within the Food Aid Committee shall be either:

               (a)

               to vote in favour of the further extension of the Food Aid Convention for a period of 1 year, i.e. until 30 June 2012, provided that the renegotiation of that Convention is in a final stage prior to the session of the Food Aid Committee in June 2011, and provided that the Grains Trade Convention, 1995 remains in force during the same period of extension; or

               (b)

               to oppose, if the renegotiation of the Food Aid Convention has not reached a final stage prior to the session of the Food Aid Committee in June 2011, the emergence of a consensus in the Food Aid Committee, pursuant to Rule 13 of the Rules of Procedure under the Food Aid Convention, 1999, favouring an extension of the Food Aid Convention.

         Article 2
   The Commission is hereby authorised to express this position within the Food Aid Committee.

      Done at Brussels, 27 May 2011.

            For the Council

            The President

         NYITRAI Zs.

      (1)  OJ L 163, 4.7.2000, p. 37.

      (2)  OJ L 94, 8.4.2011, p. 28.


title: 2009/418/EC,Euratom: Council Decision of 25 May 2009 appointing one Estonian member of the European Economic and Social Committee

text:
               30.5.2009

               EN

               Official Journal of the European Union

               L 135/27

      COUNCIL DECISION

   of 25 May 2009
   appointing one Estonian member of the European Economic and Social Committee
   (2009/418/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 259 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 167 thereof,
   Having regard to Decision 2006/524/EC, Euratom (1),
   Having regard to the proposal of the Estonian Government,
   Having regard to the opinion of the Commission,
   Whereas a member’s seat on the European Economic and Social Committee has become vacant following the resignation of Ms Kristina TSHISTOVA,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Ms Reet TEDER, Eesti Kaubandus-Tööstuskoja poliitikadirektor — I grupp — tööandjate esindajad (Policy Director of the Estonian Chamber of Commerce and Industry — Group I — employers’ representatives) is hereby appointed as a member of the European Economic and Social Committee for the remainder of the current term of office, which runs until 20 September 2010.
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Brussels, 25 May 2009.

            For the Council

            The President

         J. ŠEBESTA

      (1)  OJ L 207, 28.7.2006, p. 30.


title: Council Decision (EU) 2016/1892 of 10 October 2016 on the signing, on behalf of the European Union, and provisional application of the International Agreement on Olive Oil and Table Olives, 2015

text:
               28.10.2016

               EN

               Official Journal of the European Union

               L 293/2

         COUNCIL DECISION (EU) 2016/1892
   of 10 October 2016
   on the signing, on behalf of the European Union, and provisional application of the International Agreement on Olive Oil and Table Olives, 2015
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular the first subparagraph of Article 207(4), in conjunction with Article 218(5) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               On 19 November 2013, the Council authorised the Commission to open negotiations on behalf of the Union in order to conclude a new international agreement on olive oil and table olives.

               (2)

               The new International Agreement on Olive Oil and Table Olives (‘the Agreement’) was adopted on 9 October 2015 by the representatives of 24 Member States of the United Nations Conference on Trade and Development (Unctad) and two intergovernmental organisations during the United Nations Conference for the Negotiation of a Successor Agreement to the International Agreement on Olive Oil and Table Olives, 2005.

               (3)

               The 2005 International Agreement on Olive Oil and Table Olives (1), which was due to expire on 31 December 2014, was extended until 31 December 2015 and will remain in force, in accordance with Article 47(3) thereof, until the Agreement enters into force, provided that the period of such extension does not exceed 12 months. The Agreement will be open for signature at the United Nations Headquarters in New York until 31 December 2016 inclusive.

               (4)

               Article 31(1) of the Agreement lays down the requirements for its entry into force on 1 January 2017. Article 31(2) and (3) thereof provide for the provisional application of the Agreement, under certain conditions, if the requirements laid down in Article 31(1) are not met.

               (5)

               In accordance with Article 31(2) of the Agreement, and in order to avoid any interruption in the application of the rules laid down in the 2005 International Agreement on Olive Oil and Table Olives, provision should be made for the Union to provisionally apply the Agreement if the procedure for its conclusion by the Union has not been completed before 1 January 2017.

               (6)

               It should also be provided that the Union may provisionally apply the Agreement, in accordance with Article 31(3), if the requirements for its final or provisional entry into force under Article 31(1) and (2) have not been met by 31 December 2016.

               (7)

               Consequently, the Agreement should be signed on behalf of the Union, subject to its conclusion at a later date, and its provisional application in accordance with the requirements laid down in Article 31(2) and (3) thereof should be notified,

         HAS ADOPTED THIS DECISION:
   Article 1
   The signing on behalf of the Union of the International Agreement on Olive Oil and Table Olives, 2015, is hereby authorised, subject to the conclusion of the said Agreement.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement on behalf of the Union.
   Article 3
   The Union shall apply the Agreement provisionally as from 1 January 2017 if the procedure for its conclusion by the Union has not been completed and the conditions laid down in Article 31(2) and (3) of the Agreement have been met.
   The provisional application of the Agreement, under the conditions set out in the first paragraph of this Article, shall be notified, in accordance with Article 31(2) and (3) of the Agreement, by the person(s) authorised to sign the Agreement under Article 2 of this Decision.
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 10 October 2016.

            For the Council

            The President

         G. MATEČNÁ

      (1)  OJ L 302, 19.11.2005, p. 47.


Avis juridique important

|

31994D0350

94/350/ECSC: Decision of the European Parliament of 21 April 1994 giving discharge to the Commission in respect of the management of the ECSC for the financial year 1992

Official Journal L 156 , 23/06/1994 P. 0034 - 0041

DECISION OF THE EUROPEAN PARLIAMENT of 21 April 1994 giving discharge to the Commission in respect of the management of the ECSC for the financial year 1992 (94/350/ECSC)THE EUROPEAN PARLIAMENT,  - having regard to the following amounts contained in the accounts of the ECSC as at 31 December 1992 (1), the report of the Court of Auditors of 30 June 1993, confirming that the accounts present a true picture of the financial situation of the  European Coal and Steel Community at 31 December 1992, and the results of ECSC operations in the financial year ending on the same date,  1. Grants the Commission discharge in respect of the management of the ECSC for the 1992 financial year (attaching, by way of information, the figures relating to the implementation of the operating budget for the 1992 financial year);  2. Instructs its President to forward this decision and the resolution containing its comments to the Commission, the Council, the Court of Auditors and the ECSC Consultative Committee and to have them published in the Official Journal of the European  Communities (L series).  Done at Strasbourg, 21 April 1994.  The Secretary-General Enrico VINCI The President Dr Egon KLEPSCH   (1) The relevant tables are included after this Decision (source: OJ No C 220, 14. 8. 1993, p. 3).     Balance sheets at 31 December 1992 and 31 December 1991   "(amounts in ecus)""" ID="2">530 675> ID="4">1 081 028"> ID="1">56 203 772> ID="3">34 036 866"> ID="1">651 975 632> ID="3">803 286 645"> ID="1">3 433 388 311> ID="3">3 239 875 489"> ID="2">4 141 567 715> ID="4">4 077 199 000"> ID="1">4 267  090 339> ID="3">4 276 210 661"> ID="1">14 719 767> ID="3">13 845 058"> ID="1">1 615 162> ID="3">1 754 070"> ID="2">4 283 425 268> ID="4">4 291 809 789"> ID="1">1 220 874 572> ID="3">1 069 105 622"> ID="1">267 724 137> ID="3">244 402 965"> ID="2">1  488 598 709> ID="4">1 313 508 587"> ID="2">6 523 098> ID="4">6 021 801"> ID="2">7 696 871> ID="4">10 722 601"> ID="2">342 872 269> ID="4">335 432 183"> ID="2">10 271 214 605> ID="4">10 035 774 989">  """ ID="1">5 840 231> ID="3">0"> ID="1">-> ID="3">85 978 663"> ID="1">2 985 338 811> ID="3">2 936 886 431"> ID="2">2 991 179 042> ID="4">3 022 865 094"> ID="2">4 341 279 392> ID="4">4 202 296 133"> ID="2">365 986 897> ID="4">107 922 528">  ID="2">284 938 605> ID="4">284 484 893"> ID="2">5 805 666> ID="4">7 084 687"> ID="2">1 283 153 200> ID="4">1 288 934 244  "> ID="2">9 272 342 802  > ID="4">8 913 587 579"> ID="2">307 348 557> ID="4">385 058 170"> ID="1">429 885 000> ID="3">482 885 000"> ID="1">188 980 000> ID="3">188 980 000"> ID="1">57 469 977> ID="3">56 150 435"> ID="2">676 334 977> ID="4">728 015 435"> ID="2">13 294 511>  ID="4">7 773 845"> ID="2">20 418> ID="4">166 085"> ID="2">1 873 340 > ID="4">1 173 875 "> ID="2">998 871 803 > ID="4">1 122 187 410 "> ID="2">10 271 214 605> ID="4">10 035 774 989">   Profit-and-loss accounts for the years ending 31 December 1992 and 31 December 1991   "(amounts in ecus)""" ID="1">942 239 470> ID="3">853 945 655"> ID="1">11 540 426 > ID="3">16 185 304"> ID="2">953 779 896> ID="4">870 130 959"> ID="2">2 243 917> ID="4">2 419 396"> ID="1">217 196> ID="3">0"> ID="1">3 514 185> ID="3">3 163 224"> ID="1">0> ID="3">0"> ID="2">3 731 381> ID="4">3 163 224"> ID="2">5 000 000>  ID="4">5 000 000"> ID="2">782 977> ID="4">895 511"> ID="2">572 287> ID="4">751 705"> ID="1">92 673 296> ID="3">1 000 069"> ID="1">355 166 > ID="3">1 946 642"> ID="2">93 028 462> ID="4">2 946 711"> ID="2">1 059 138 920> ID="4">885 307 506"> ID="2">277 845> ID="4">444 491"> ID="2">5 520 666> ID="4">633 848"> ID="2">477 217 432> ID="4">454 375 588"> ID="2">235 733 395  > ID="4">313 304 101 "> ID="2">1 777 888 258> ID="4">1 654 065 534"> ID="2">1 873 340 > ID="4">1 173 875 "> ID="2">1 779 761 598> ID="4">1 655 239 409">  """ ID="1">1 162 894 880> ID="3">1 081 577 404"> ID="1">8 824 756> ID="3">12 670 676"> ID="2">1 171 719 636> ID="4">1 094 248 080"> ID="1">10> ID="3">23 286"> ID="1">8 986 656> ID="3">8 931 669"> ID="1">318 420> ID="3">20 110 244">  ID="2">9 305 086> ID="4">29 065 199"> ID="1">1 534 081> ID="3">10 676 489"> ID="1">1 789 949> ID="3">324 254"> ID="2">3 324 030> ID="4">11 000 743"> ID="2">1 197 236> ID="4">720 849  "> ID="2">1 185 545 988  > ID="4">1 135 034 871"> ID="2">5 520 666> ID="4">633 848"> ID="2">222 251 936> ID="4">207 401 206"> ID="2">313 304 101> ID="4">311 851 569"> ID="2">138 907> ID="4">317 915"> ID="2">53 000 000 > ID="4">- "> ID="2">1 779 761 598> ID="4">1 655 239 409">   Implementation of the ECSC Operating Budget   "(in ecus)""" ID="1">5 000 000> ID="2">5 000 000"> ID="1">477 217 432> ID="2">454 375 588"> ID="1">243 505> ID="2">73 086"> ID="1">482 460 937> ID="2">459 448 674"> ID="1">146 473 186> ID="2">175 054 804"> ID="1">-> ID="2">-"> ID="1">8>  ID="2">18 348"> ID="1">75 768 132> ID="2">32 311 852"> ID="1">11 937> ID="2">16 202"> ID="1">59 804 101> ID="2">91 351 569"> ID="1">253 500 000> ID="2">220 500 000"> ID="1">535 557 364> ID="2">519 252 775"> ID="1">53 096 427> ID="2">59 804  101">  "(in ecus)""" ID="1">131 510 308> ID="2">254 673 875"> ID="1">53 096 427> ID="2">59 804 101"> ID="1">53 000 000> ID="2">-"> ID="1">237 606 735> ID="2">314 477 976"> ID="1">53 096 427> ID="2">59 804 101"> ID="1">131 636 968> ID="2">-">  ID="1">-> ID="2">253 500 000"> ID="1">51 000 000> ID="2">-"> ID="1">1 873 340> ID="2">1 173 875">   RESOLUTION on the report of the Court of Auditors on the accounts of the European Coal and Steel Community at 31 December 1992 and on the report (annexed to the annual ECSC report for the 1992 financial year) of the Court of Auditors on the  management of the accounts and the financial management of the ECSC  THE EUROPEAN PARLIAMENT,  - having regard to the ECSC financial report for the 1992 financial year, submitted by the Commission, and in particular the balance sheet and profit and loss accounts of the ECSC at 31 December 1992,  - having regard to the report of the Court of Auditors on the accounts of the ECSC at 31 December 1992 and the annex containing the report on the management of the accounts and the financial management of the European Coal and Steel Community  (C3-0153/94),  - having regard to the report of the Committee on Budgetary Control (A3-0178/94),  A. whereas the Court of Auditors has found that the financial statements of the ECSC at 31 December 1992 give a true and fair view of the results of its operations for the year then ended,  General matters 1. Welcomes the new positive attitude on the part of the Commission to the provision of information for the rapporteur responsible for the ECSC discharge report;  Security of lendings 2. Notes with concern the 'value adjustments' in the ECSC 1992 accounts, totalling approximately ECU 90 million, relating to bad debts in the steel sector;  3. Observes that the financial ratios of the ECSC relating to its reserves neared the lower end of the recommended range at the end of 1992 as a result of value adjustments for bad debts; considers however that, on the basis of its accounts, the ECSC  remains, for the time being, financially sound;  4. Calls on the Commission to take immediate action to reinstate its financial ratios at least to their current level in case it is required to absorb any further bad debts;  5. Calls on the Commission to study the possibility of reinstating a non-specific provision for bad debts in its balance sheet, along the lines suggested by the Court of Auditors, and to inform Parliament of its considerations by 30 June 1994;  6. Considers that problems of non-repayment of loans are probably inevitable in a period of crisis such as the present; believes that the Commission has so far managed ECSC risk in a generally satisfactory manner;  7. Stresses that where political considerations influence decisions on recovery of debts, the matter should be one of open political debate in the final decision taken by a democratically mandated body;  Research policy 8. Notes extensive and direct contradiction between the positions of the Court of Auditors and the Commission on the subject of ECSC research policy; invites both institutions to examine the position of the other in an open-minded fashion;  9. Finds that the Commission's diffusion of technical information resulting from ECSC research projects is satisfactory;  10. Calls on the Commission to report to it by 30 September 1994 on the effectiveness of ECSC policy in achieving the objectives set for it in the ECSC Treaty and providing an assessment of its successes and failures in layman's terms;  11. Expresses its concern at the Court of Auditors' finding that there has been an excessive and unnecessary proliferation of small but similar research projects funded by the ECSC; reminds the Commission of its duty to ensure maximum value for money  for the European taxpayer and its consequent obligation to streamline and rationalize research programmes as much as possible;  12. Notes with concern the Court of Auditors' opinion that the distribution of research subsidies corresponds more to a need to ensure 'fair shares for all' rather than objective research needs, a view corroborated by a close correlation between  relative shares between levy contributions and research funding between Member States; asks the Commission to confirm categorically that project selection is completely free of such considerations;  13. Calls upon the Commission to report to its relevant committees on the future of ECSC research in view of the forthcoming expiry of the ECSC Treaty;  Investments in buildings 14. Believes that it is appropriate for the ECSC to invest a small proportion of its reserves in real estate where the return on the investment is in line with comparable financial investments and where the ECSC does not bear the risk of losses in the  capital value of property, subject to the existing limitations placed by the Commission on such investments;  15. Is concerned at the lack of budgetary transparency connected with the current technique whereby ECSC property investments are on-sold to the EC by way of rent payments made from the general EC budget to the ECSC budget; believes that the nature of  the transaction is not immediately apparent to the EC budgetary authority and the taxpayer at large in the current presentation of the budget; calls upon the Commission to make appropriate changes;  Bagnoli 16. Deplores the fact that the Commission has not yet recovered any of the interest rate subsidies inappropriately paid out to the Bagnoli project; renews its insistence that the Commission take urgent steps to recover the funds due as soon as possible;  asks the Commission to report on progress on this matter to its Committee on Budgetary Control by 30 June 1994.


title: Administrative Commission of the European Communities on Social Security for Migrant Workers : — Decision No 92 of 22 November 1973 concerning the meaning of 'benefits in kind' provided for under Articles 19 (1) and (2) and 28 (1) of Council Regulation (EEC) No 1408/71 and the determination of the amounts to be refunded under Articles 93, 94 and 95 of Council Regulation (EEC) No 574/72 as well as the advances to be paid in pursuance of Article 102 (4) of the same Regulation

text:
23. 8. 7 4                                         Official Journal of the European C o m m u n i t i e s                                                  N o C 99/3
                        ADMINISTRATIVE COMMISSION OF T H E EUROPEAN COMMUNITIES                                                                      ON
                                                  SOCIAL SECURITY FOR M I G R A N T W O R K E R S
                                                                          DECISION N o 92
                                                                       of 22 N o v e m b e r 1973
                        concerning the m e a n i n g of 'benefits in kind' provided for under Articles 19 (1)
                        and (2) and 28 (1) of Council Regulation (EEC) N o 1408/71 and the determination
                        of the amounts to be refunded under Articles 93, 94 and 95 of Council Regula-
                        tion (EEC) N o 574/72 as well as the advances to be paid in pursuance of Article
                                                                 102 (4) of the same Regulation
THE ADMINISTRATIVE COMMISSION OF THE EURO-                                              A c t i n g in a c c o r d a n c e with t h e provisions of Article 80
PEAN COMMUNITIES ON SOCIAL SECURITY FOR                                                 (3) of R e g u l a t i o n (EEC) N o 1 4 0 8 / 7 1 ,
MIGRANT WORKERS,
 H a v i n g regard to Article 81 (a) of R e g u l a t i o n (EEC)
N o 1408/71 u n d e r w h i c h it is m a d e r e s p o n s i b l e for                 HAS DECIDED AS FOLLOWS :
d e a l i n g with all a d m i n i s t r a t i v e q u e s t i o n s a n d q u e s -
tions of i n t e r p r e t a t i o n arising f r o m R e g u l a t i o n (EEC)           1.       T h e p a y m e n t s p r o v i d e d for by G e r m a n legisla-
N o s 1408/71 a n d 5 7 4 / 7 2 ;                                                       tion in Article 188 (2) a n d (3) of t h e R e i c h s v e r s i c h e -
                                                                                r u n g s o r d n u n g ( G e r m a n I n s u r a n c e Code) are to b e
 H a v i n g regard to Article 36 (2) of R e g u l a t i o n (EEC)                      c o n s i d e r e d as b e n e f i t s in k i n d in t h e sense of Articles
 N o 1408/71 ;                                                                           19 (1) a n d (2) and 28 (1) of R e g u l a t i o n (EEC) N o
                                                                                1408/71.
W h e r e a s D e c i s i o n N o 69 of 12 May 1970, p u b l i s h e d
in t h e Official Journal                 of the European            Communi-           T h e s a m e shall a p p l y to t h e l u m p - s u m c o n f i n e m e n t
 ties, N o C 90 of 16 J u l y 1970, a n d D e c i s i o n N o 70 of                     allowances paid as l u m p s u m s a n d t h e n u r s i n g allow-
2 2 April 1971, p u b l i s h e d in t h e Official Journal                      of     a n c e s g r a n t e d u n d e r L u x e m b o u r g legislation.
 the European             Communities,        N o C 76 of 27 J u l y 1971,
have b e e n r e n d e r e d invalid following t h e e n t r y i n t o                  2.        T h e r e f u n d s p r o v i d e d for in Articles 93, 9 4 a n d
force of R e g u l a t i o n (EEC) N o s 1408/71 a n d 5 7 4 / 7 2 ;                    95 of R e g u l a t i o n (EEC) N o 5 7 4 / 7 2 shall be deter-
                                                                                m i n e d exclusive of a d m i n i s t r a t i v e costs, costs of a d m i -
W h e r e a s , t a k i n g into a c c o u n t t h e provisions of t h e                nistrative a n d m e d i c a l supervision a n d w i t h o u t t a k i n g
said Regulations, t h e r e are g r o u n d s for a d o p t i n g a n e w               a c c o u n t of any a m o u n t s c o n t r i b u t e d individually by
decision to :                                                                           the persons concerned.
(a) d e t e r m i n e w h e t h e r certain b e n e f i t s provided for                3.        T h e b e n e f i t s in k i n d to be c o n s i d e r e d for t h e
       under           German       and       Luxembourg             legislation,       d e t e r m i n a t i o n of r e f u n d s shall be t h e b e n e f i t s c o n s i d -
       a l t h o u g h paid out in cash, s h o u l d b e c o n s i d e r e d as         ered as b e n e f i t s in k i n d u n d e r t h e n a t i o n a l legislation
       b e n e f i t s in k i n d as m e n t i o n e d in Articles 19 (1)               a d m i n i s t e r e d by t h e i n s t i t u t i o n w h i c h has provided
       a n d (2) a n d 28 (1) of R e g u l a t i o n (EEC) N o                          t h e benefits, as well as t h e b e n e f i t s referred to in p o i n t
       1408/71 ;                                                                        1 above.
(b) d e t e r m i n e t h e a m o u n t s to be r e f u n d e d u n d e r Arti-         4.        For t h e calculation                    of t h e     average costs
       cles 93, 94 a n d 9 5 of Regulation (EEC) N o 5 7 4 / 7 2                        m e n t i o n e d in Articles 94 a n d 9 5 of R e g u l a t i o n (EEC)
       a n d t h e advances to be paid in p u r s u a n c e of                          N o 5 7 4 / 7 2 , t h e s u p p l e m e n t a r y b e n e f i t s specified in
      Article 102 (4) of t h e s a m e R e g u l a t i o n .                            t h e statutes or rules of p r o c e d u r e of t h e ins titutions
                                                                                shall be i n c l u d e d in total a n n u a l e x p e n d i t u r e on b e n e -
W h e r e a s for t h e a p p l i c a t i o n of Articles 19 (1) a n d (2)              fits in k i n d .
a n d 28 (1) of R e g u l a t i o n (EEC) N o 1408/71 t h e r e are
g r o u n d s for giving an a p p r e c i a b l y similar m e a n i n g to              5.        Subsidies to i n s t i t u t i o n s for preventive m e d i c i n e
t h e m e a n i n g of ' b e n e f i t s in k i n d ' in all t h e M e m b e r          shall n o t b e i n c l u d e d in total a n n u a l e x p e n d i t u r e on
States ;                                                                                b e n e f i t s in k i n d if t h e y are g r a n t e d for a ge ne ra l
 ---pagebreak--- N o C 99/4                           Official Journal of the European Communities                               23. 8. 74
campaign for health protection         not   sponsored by      9.    This Decision shall be published in the Official
social security institutions.                                  Journal   of the European Communities.       It shall enter
                                                                into force for the six original Member States from 1
6.    T h e amounts refunded to other Member States
                                                               January 1973 and, in accordance with the Treaty of
in accordance with the Regulations or bilateral or
                                                               Accession, from 1 April 1973 in the three new
multilateral agreements shall not be taken into consid-
                                                                Member States.
eration for the calculation of average costs.
7.    T h e calculation of the amounts to be refunded           For the period from 1 October 1972 to 31 December
shall as far as possible be based on the official statis-       1972 the six original Member States shall proceed in
tics and accounts of the place of stay or residence, and        accordance with the rules laid down by the abovemen-
preferably on the published official data. T h e sources        tioned Decisions N o 69 and N o 70.
of the statistics used should be indicated.
8.    T h e a m o u n t of the advances to be paid under
Article 102 (4) of Regulation (EEC) N o 574/72 shall
                                                                                The Chairman      of the
be calculated by multiplying the last approved average
cost by the last known n u m b e r of persons concerned,                              Administrative    Co mm iss ion
as obtained from the data established by the institu-
tions responsible for the lists.                                                                 A. TRIER


title: 2009/463/EC,Euratom: Council and Commission Decision of 18 May 2009 on a Community Position concerning a Decision of the EU-Albania Stabilisation and Association Council adopting its Rules of Procedure including the Rules of Procedure of the Stabilisation and Association Committee

text:
               16.6.2009

               EN

               Official Journal of the European Union

               L 151/31

      COUNCIL AND COMMISSION DECISION

   of 18 May 2009
   on a Community Position concerning a Decision of the EU-Albania Stabilisation and Association Council adopting its Rules of Procedure including the Rules of Procedure of the Stabilisation and Association Committee
   (2009/463/EC, Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community and the Treaty establishing the European Atomic Energy Community,
   Having regard to Council and Commission Decision of 26 February 2009 on the conclusion of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part (1), of the other part, and in particular Article 2(1) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Article 116 of the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part (2) (hereinafter referred to as ‘Agreement’) establishes a Stabilisation and Association Council.

               (2)

               Article 117(2) of the Agreement provides that the Stabilisation and Association Council shall establish its own rules of procedure.

               (3)

               Article 120(1) of the Agreement provides that the Stabilisation and Association Council in the performance of its duties shall be assisted by a Stabilisation and Association Committee.

               (4)

               Article 120(2) and (3) of the Agreement provides that the Stabilisation and Association Council shall, in its rules of procedure, determine the duties of the Stabilisation and Association Committee and that the Stabilisation and Association Council may delegate any of its powers to the Stabilisation and Association Committee,

         HAVE DECIDED AS FOLLOWS:
   Sole Article
   The position to be adopted by the Community within the Stabilisation and Association Council established by the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania, of the other part, in relation to the rules of procedure of the said Stabilisation and Association Council and to the delegation of its powers to the Stabilisation and Association Committee shall be based on the draft decision of the Stabilisation and Association Council, attached to this Decision. Minor amendments to this draft decision may be accepted without further decision of the Council and of the Commission.

      Done at Brussels, 18 May 2009.

            For the Council

            The President

         J. KOHOUT

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 107, 28.4.2009, p. 165.

      (2)  OJ L 107, 28.4.2009, p. 166.

      ANNEX

         DECISION No 1 OF THE EU-ALBANIA STABILISATION AND ASSOCIATION COUNCIL
         of …
         adopting its rules of procedure
         THE STABILISATION AND ASSOCIATION COUNCIL,
         Having regard to the Stabilisation and Association Agreement between the European Communities and their Member States, of the one part, and the Republic of Albania (1) (hereinafter referred to as ‘Albania’), of the other part, and in particular Articles 116 and 117 thereof,
         Whereas that Agreement entered into force on 1 April 2009,
         HAS DECIDED AS FOLLOWS:
         Article 1
         Chairmanship
         The Stabilisation and Association Council shall be presided over alternately for periods of 12 months by a representative of the Council of the European Union, on behalf of the Communities and their Member States, and by a representative of the Government of Albania. The first period shall begin on the date of the first Stabilisation and Association Council meeting and end on 31 December 2009.
         Article 2
         Meetings
         The Stabilisation and Association Council shall meet regularly at ministerial level once a year. Special sessions of the Stabilisation and Association Council may be held at the request of either Party, if the Parties so agree. Unless otherwise agreed by the Parties, each session of the Stabilisation and Association Council shall be held at the usual venue for meetings of the Council of the European Union at a date agreed by both Parties. Meetings of the Stabilisation and Association Council shall be jointly convened by the Secretaries of the Stabilisation and Association Council in agreement with the President.
         Article 3
         Representation
         The members of the Stabilisation and Association Council may be represented if unable to attend. If a member wishes to be so represented, he must notify the President of the name of his representative before the meeting at which he is to be so represented. The representative of a member of the Stabilisation and Association Council shall exercise all the rights of that member.
         Article 4
         Delegations
         The members of the Stabilisation and Association Council may be accompanied by officials. Before each meeting, the President shall be informed of the intended composition of the delegation of each Party. A representative of the European Investment Bank shall attend the meetings of the Stabilisation and Association Council, as an observer, when matters which concern the Bank appear on the agenda. The Stabilisation and Association Council may invite non-members to attend its meetings in order to provide information on particular subjects.
         Article 5
         Secretariat
         An official of the General Secretariat of the Council of the European Union and an official of the Mission of Albania in Brussels shall act jointly as Secretaries of the Stabilisation and Association Council.
         Article 6
         Correspondence
         Correspondence addressed to the Stabilisation and Association Council shall be sent to the President of the Stabilisation and Association Council at the address of the General Secretariat of the Council of the European Union.
         The two Secretaries shall ensure that correspondence is forwarded to the President of the Stabilisation and Association Council and, where appropriate, circulated to other members of the Stabilisation and Association Council. Correspondence circulated shall be sent to the Secretariat General of the Commission, the Permanent Representations of the Member States and the Mission of Albania in Brussels.
         Communications from the President of the Stabilisation and Association Council shall be sent to the addressees by the two Secretaries and circulated, where appropriate, to the other members of the Stabilisation and Association Council at the addresses indicated in the second paragraph.
         Article 7
         Publicity
         Unless otherwise decided, the meetings of the Stabilisation and Association Council shall not be public.
         Article 8
         Agendas for meetings
         1.   The President shall draw up a provisional agenda for each meeting. It shall be forwarded by the Secretaries of the Stabilisation and Association Council to the addressees referred to in Article 6 not later than 15 days before the beginning of the meeting. The provisional agenda shall include the items in respect of which the President has received a request for inclusion on the agenda not later than 21 days before the beginning of the meeting, although items shall not be written into the provisional agenda unless the supporting documentation has been forwarded to the Secretaries not later than the date of despatch of the agenda. The agenda shall be adopted by the Stabilisation and Association Council at the beginning of each meeting. An item other than those appearing on the provisional agenda may be placed on the agenda if the two Parties so agree.
         2.   The President may, in agreement with the two Parties, shorten the time limits specified in paragraph 1 in order to take account of the requirements of a particular case.
         Article 9
         Minutes
         Draft minutes of each meeting shall be drawn up by the two Secretaries. The minutes shall, as a general rule, indicate in respect of each item on the agenda:

                     —

                     the documentation submitted to the Stabilisation and Association Council,

                     —

                     statements requested for entry by a member of the Stabilisation and Association Council,

                     —

                     the decisions taken and recommendations made, the statements agreed upon and the conclusions adopted.

               The draft minutes shall be submitted to the Stabilisation and Association Council for approval. When approved, the minutes shall be signed by the President and the two Secretaries. The minutes shall be filed in the archives of the General Secretariat of the Council of the European Union, which will act as depository of the documents of the Association. A certified copy shall be forwarded to each of the addressees referred to in Article 6.
         Article 10
         Decisions and recommendations
         1.   The Stabilisation and Association Council shall take its decisions and make recommendations by common agreement of the Parties. During the period between its sessions, the Stabilisation and Association Council may take decisions or make recommendations by written procedure if both Parties so agree.
         2.   The decisions and recommendations of the Stabilisation and Association Council, within the meaning of Article 118 of the Stabilisation and Association Agreement, shall be entitled respectively ‘Decision’ and ‘Recommendation’ followed by a serial number, by the date of their adoption and by a description of their subject matter. The decisions and recommendations of the Stabilisation and Association Council shall be signed by the President and authenticated by the two Secretaries. Decisions and recommendations shall be forwarded to each of the addressees referred to in Article 6. Each Party may decide on the publication of decisions and recommendations of the Stabilisation and Association Council in its respective official publication.
         Article 11
         Languages
         The official languages of the Stabilisation and Association Council shall be the official languages of the two Parties. Unless otherwise decided, the Stabilisation and Association Council shall base its deliberations on documentation drawn up in these languages.
         Article 12
         Expenses
         The Communities and Albania shall each defray the expenses they incur by reason of their participation in the meetings of the Stabilisation and Association Council, both with regard to staff, travel and subsistence expenditure and to postal and telecommunications expenditure. Expenditure in connection with interpreting at meetings, translation and reproduction of documents shall be borne by the Communities, with the exception of expenditure in connection with interpreting or translation into or from Albanian, which shall be borne by Albania. Other expenditure relating to the organisation of meetings shall be borne by the Party hosting the meetings.
         Article 13
         Stabilisation and Association Committee
         1.   A Stabilisation and Association Committee is hereby established in order to assist the Stabilisation and Association Council in carrying out its duties. It shall be composed of representatives of the Council of the European Union and of representatives of the Commission of the European Communities, on the one hand, and of representatives of the Government of Albania on the other, normally at senior civil servant level.
         2.   The Stabilisation and Association Committee shall prepare the meetings and the deliberations of the Stabilisation and Association Council, implement the decisions of the Stabilisation and Association Council where appropriate and, in general, ensure continuity of the association relationship and the proper functioning of the Stabilisation and Association Agreement. It shall consider any matter referred to it by the Stabilisation and Association Council as well as any other matter which may arise in the course of the day-to-day implementation of the Stabilisation and Association Agreement. It shall submit proposals or any draft decisions and recommendations for adoption to the Stabilisation and Association Council.
         3.   In cases where the Stabilisation and Association Agreement refers to an obligation to consult or a possibility of consultation, such consultation may take place within the Stabilisation and Association Committee. The consultation may continue in the Stabilisation and Association Council if the two Parties so agree.
         4.   The rules of procedure of the Stabilisation and Association Committee are attached to this Decision.

            Done at …

                  For the Stabilisation and Association Council

                  The Chairman

               …

         ANNEX

            Rules of Procedure of the Stabilisation and Association Committee
            Article 1
            Chairmanship
            The Stabilisation and Association Committee shall be presided over alternately for periods of 12 months by a representative of the Commission of the European Communities, on behalf of the Communities and their Member States, and by a representative of the Government of Albania. The first period shall begin on the date of the first Stabilisation and Association Council meeting and end on 31 December 2009.
            Article 2
            Meetings
            The Stabilisation and Association Committee shall meet when circumstances require, with the agreement of both Parties. Each meeting of the Stabilisation and Association Committee shall be held at a time and place agreed by both Parties. The meetings of the Stabilisation and Association Committee shall be convened by the Chairman.
            Article 3
            Delegations
            Before each meeting, the Chairman shall be informed of the intended composition of the delegation of each Party.
            Article 4
            Secretariat
            An official of the Commission of the European Communities and an official of the Albanian Government shall act jointly as Secretaries of the Stabilisation and Association Committee. All communications to and from the Chairman of the Stabilisation and Association Committee provided for in this Decision shall be forwarded to the Secretaries of the Stabilisation and Association Committee and to the Secretaries and the President of the Stabilisation and Association Council.
            Article 5
            Publicity
            Unless otherwise decided, the meetings of the Stabilisation and Association Committee shall not be public.
            Article 6
            Agendas for meetings
            1.   The Chairman shall draw up a provisional agenda for each meeting. It shall be forwarded by the Secretaries of the Stabilisation and Association Committee to the addressees referred to in Article 4 not later than 15 days before the beginning of the meeting. The provisional agenda shall include the items in respect of which the Chairman has received a request for inclusion on the agenda not later than 21 days before the beginning of the meeting, although items shall not be written into the provisional agenda unless the supporting documentation has been forwarded to the Secretaries not later than the date of dispatch of the agenda. The Stabilisation and Association Committee may ask experts to attend its meetings in order to provide information on particular subjects. The agenda shall be adopted by the Stabilisation and Association Committee at the beginning of each meeting. An item other than those appearing on the provisional agenda may be placed on the agenda if the two Parties so agree.
            2.   The Chairman may, in agreement with the two Parties, shorten the time limits specified in paragraph 1 in order to take account of the requirements of a particular case.
            Article 7
            Minutes
            Minutes shall be taken for each meeting and shall be based on a summing up by the Chairman of the conclusions arrived at by the Stabilisation and Association Committee. When approved by the Stabilisation and Association Committee, the minutes shall be signed by the Chairman and by the Secretaries and filed by each of the Parties. A copy of the minutes shall be forwarded to each of the addressees referred to in Article 4.
            Article 8
            Decisions and recommendations
            In the specific cases where the Stabilisation and Association Committee is empowered by the Stabilisation and Association Council under Article 120 of the Stabilisation and Association Agreement to take decisions and to make recommendations, these acts shall be entitled respectively ‘Decision’ and ‘Recommendation’, followed by a serial number, by the date of their adoption and by a description of their subject matter. Decisions and recommendations shall be made by common agreement between the Parties. The decisions and recommendations of the Stabilisation and Association Committee shall be signed by the President and authenticated by the two Secretaries and shall be forwarded to the addressees referred to in Article 4 of these rules of procedure. Each Party may decide on the publication of the decisions and recommendations of this Stabilisation and Association Committee in its respective official publication.
            Article 9
            Expenses
            The Communities and Albania shall each defray the expenses they incur by reason of their participation in the meetings of the Stabilisation and Association Committee, both with regard to staff, travel and subsistence expenditure and to postal and telecommunications expenditure. Expenditure in connection with interpreting at meetings, translation and reproduction of documents shall be borne by the Communities, with the exception of expenditure in connection with interpreting or translation into or from Albanian, which shall be borne by Albania. Other expenditure relating to the organisation of meetings shall be borne by the Party hosting the meetings.
            Article 10
            Subcommittees and special groups
            The Stabilisation and Association Committee may create subcommittees or special groups to work under the authority of the Stabilisation and Association Committee, to which they shall report after each of their meetings. The Stabilisation and Association Committee may decide to abolish any existing subcommittees or groups, lay down or modify their terms of reference or set up further subcommittees or groups to assist it in carrying out its duties. The subcommittees and groups shall not have any decision making powers.

         (1)  OJ L 107, 28.4.2009, p. 166.


Avis juridique important

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32000D0744

2000/744/EC: Commission Decision of 30 October 2000 amending Decision 97/634/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of farmed Atlantic salmon originating in Norway (notified under document number C(2000) 3150)

Official Journal L 301 , 30/11/2000 P. 0082 - 0087

Commission Decisionof 30 October 2000amending Decision 97/634/EC accepting undertakings offered in connection with the anti-dumping and anti-subsidy proceedings concerning imports of farmed Atlantic salmon originating in Norway(notified under document number C(2000) 3150)(2000/744/EC)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 905/98(2), and in particular Article 8 thereof,Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community(3), and in particular Article 13 thereof,After consulting the Advisory Committee,Whereas:A. PREVIOUS PROCEDURE(1) On 31 August 1996, by means of two separate notices published in the Official Journal of the European Communities, the Commission announced the initiation of an anti-dumping proceeding(4) and an anti-subsidy proceeding(5) in respect of imports of farmed Atlantic salmon originating in Norway.(2) These proceedings resulted in anti-dumping and countervailing duties being imposed in September 1997 in order to eliminate the injurious effects of dumping and subsidisation (see Council Regulations (EC) No 1890/97(6) and 1891/97(7).(3) However, at the same time, the Commission accepted undertakings from 190 Norwegian exporters, which meant that farmed Atlantic salmon originating in Norway exported by these companies was exempted from the anti-dumping and countervailing duties (see Decision 97/634/EC(8) as last amended by Decision 2000/522/EC(9)).(4) Whilst Regulations (EC) No 1890/97 and 1891/97 set out the definitive findings and conclusions on all aspects of the investigations, the form of the duties was later reviewed and replaced by Regulation (EC) No 772/1999(10), as last amended by Regulation (EC) No 1783/2000(11).B. NEW EXPORTERS(5) Subsequent to the imposition of definitive anti-dumping and countervailing duties, two Norwegian companies have made themselves known to the Commission, claiming to be new exporters and requested, in accordance with Article 2 of Regulation (EC) No 772/1999 in conjunction with Article 11(4) of Regulation (EC) No 384/96 and Article 20 of Regulation (EC) No 2026/97, that the exemption to the duties be extended to them.(6) In this regard, First Salmon AS and Norlaks A/S demonstrated that they did not export the product concerned to the Community during the investigation period which led to imposition of the current anti-dumping and countervailing duties.(7) These companies also showed that they are not related to any of the companies in Norway which are subject to anti-dumping and countervailing duties and provided evidence of having entered into an irrevocable contractual obligation to export a significant amount of the product concerned to the Community.(8) The two companies have offered undertakings which are identical to those previously offered by other Norwegian companies exporting to the Community farmed Atlantic salmon originating in Norway. By doing so, they have both agreed to sell the product concerned at or above price levels which eliminate the injurious effects of dumping and subsidisation. The companies will also provide the Commission with regular and detailed information concerning their exports to the Community, meaning that the undertakings can be monitored effectively by the Commission.(9) The offers of undertakings are therefore considered acceptable and, in this regard, the companies concerned have been informed of the essential facts, considerations and obligations upon which acceptance is based.(10) The names of the two companies should therefore be added to the list of exporters from which undertakings are accepted in the Annex to Decision 97/634/EC.C. TRANSFER OF UNDERTAKINGS AND CHANGES OF NAME(11) Certain Norwegian exporters with undertakings have advised the Commission that the groups of companies to which they belong have been re-organised, or that their names have changed. Accordingly, they have either requested that their undertakings be transferred to other companies within the relevant group, or that their name is amended on the list of companies from which undertakings are accepted.(12) Having verified the nature of the requests, the Commission considers that they are acceptable since the modifications do not entail any substantive changes which would require re-assessment of dumping.(13) Accordingly, the rights and obligations of the undertakings accepted from Atlantis Filtfabrikk A/S, Domstein Salmon A/S, Eurolaks A/S, Fjord Seafood Leines A/S and Namdal Salmon A/S are transferred herewith to Fjord Seafood Måløy, Domstein Fish A/S, Fjord Seafood ASA, Fjord Domstein A/S, Fjord Seafood Midt-Norge A/S respectively.(14) As concerns, A/S Austevoll Fiskeindustri, Nor-Fa Food A/S and Ryfisk AS, it should be noted that these companies have changed their names to Austevoll Eiendom AS, Nor-Fa Fish A/S and Hydro Seafood Rogaland AS respectively.D. AMENDMENT OF THE ANNEX TO DECISION 97/634/EC(15) In view of the above, the list of companies from which undertakings are accepted in the Annex to Decision 97/634/EC should be amended accordingly.(16) The Advisory Committee has been consulted on all of the above changes and has raised no objections.(17) For the sake of clarity, however, an updated version of the Annex to that Decision is published herewith, showing all the exporters whose undertakings are currently in force,HAS DECIDED AS FOLLOWS:Article 1The Annex to Decision 97/634/EC is hereby replaced by the Annex hereto.Article 2This Decision shall enter into force on the day following that of its publication in the Official Journal of the European Communities.Done at Brussels, 30 October 2000.For the CommissionPascal LamyMember of the Commission(1) OJ L 56, 6.3.1996, p. 1.(2) OJ L 128, 30.4.1998, p. 18.(3) OJ L 288, 21.10.1997, p. 1.(4) OJ C 253, 31.8.1996, p. 18.(5) OJ C 253, 31.8.1996, p. 20.(6) OJ L 267, 30.9.1997, p. 1.(7) OJ L 267, 30.9.1997, p. 19.(8) OJ L 267, 30.9.1997, p. 81.(9) OJ L 208, 18.8.2000, p. 47.(10) OJ L 101, 16.4.1999, p. 1.(11) OJ L 208, 18.8.2000, p. 1.ANNEXLIST OF COMPANIES FROM WHICH UNDERTAKINGS ARE ACCEPTED>TABLE>


Avis juridique important

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31995D0539

95/539/EC: Commission Decision of 8 December 1995 setting up a committee of experts on the transit of natural gas through grids (Text with EEA relevance)

Official Journal L 304 , 16/12/1995 P. 0057 - 0059

COMMISSION DECISION of 8 December 1995 setting up a committee of experts on the transit of natural gas through grids (Text with EEA relevance) (95/539/EC) THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas, in the context of the completion of the internal energy market, the Commission has the objective of facilitating energy transfers by promoting the transit of natural gas within the meaning of Article 2 of Council Directive 91/296/EEC of 31 May 1991 on the transit of natural gas through grids (1);Whereas, to this end, it is desirable for the Commission to be advised by a body of experts on matters relating to the smooth functioning of transit and related economic, technical, legal and social factors;Whereas the Member States' gas industries should be represented within that body; whereas provision should also be made for the participation of particularly qualified persons capable of providing specific knowledge in the field of natural gas transit;Whereas it would be appropriate for the Committee to act as the conciliation body provided for in Article 3 (4) of Directive 91/296/EEC;Whereas, for the sake of the efficiency of the conciliation procedure, the Committee of experts should meet in an ad hoc composition to consider any request for conciliation,HAS DECIDED AS FOLLOWS:Article 1 The Committee of Experts on the Transit of Natural Gas through grids, hereinafter referred to as 'the Committee`, is hereby set up under the auspices of the Commission.Article 2 Responsibilities The tasks of the Committee shall be:- to advise the Commission, at the latter's request, and- to propose conciliation compromises, at the request of the negotiating parties, in the event of specific requests for transit.Article 3 Provision of advice As part of its role of providing advice, the Committee:(a) will examine more specifically:- the technical, financial and legal conditions of transit, taking into account economic and social factors,- the possibilities of cooperation on transit with entities in the Community, operating grids not interconnected as yet or not figuring on the list annexed to Directive 91/296/EEC and the improvement of the trans-European networks,- the possibilities of cooperation on transit with entities in non Member States.(b) shall assist the Commission in connection with:- the drafting of an annual report on the implementation of Directive 91/296/EEC,- the revision of the Annex to Directive 91/296/EEC.Article 4 Composition 1. The Committee shall comprise 20 members, namely:- fifteen representatives of the high-pressure natural gas transmission grids operating in the Community (one representative per Member State),- three independent experts whose professional experience and competence in the field of natural gas transit in the Community are widely recognized,- one representative of Eurogas,- one Commission representative.2. The members of the Committee shall be appointed by the Commission. The fifteen representatives of the transmission grids and the representative of Eurogas being appointed after consultation of the circle concerned from a list containing at least two proposals for each post.Article 5 Publication The list of members shall be published by the Commission in the Official Journal of the European Communities for information.Article 6 Term of office 1. The term of office of members of the Committee shall be four years.2. Their term of office shall be renewable once.3. By way of derogation from paragraph 1, the term of office of half of its members, other than the representatives of the Commission appointed on the setting up of the Committee, shall be two years.4. On expiry of their term of office, the members of the Committee shall remain in office until they are replaced.5. Where the term of office of a member ends before the expiry of the period established by paragraph 1 or 3, as a result of his resignation or death or for any other reason, he shall be replaced for the remainder of his term of office in accordance with Article 4 (2).6. The Commission may bring to an end the term of office of a member, and in case of the representatives of the gas industries and the representatives of Eurogas, after consulting the circles concerned referred to in Article 4 (2) and to replace him in accordance with that provision.7. The office of member of the Committee shall be unpaid.Article 7 Operation 1. The Committee shall be chaired by the Commission representative.2. Representatives of the Commission departments concerned shall attend meetings of the Committee as observers.3. Secretariat services for the Committee shall be provided by the Commission departments.4. The Chairman may invite any person with particular competence in respect of an item included on the agenda to take part in the deliberations as an expert. Experts shall take part in the deliberations only for the item for which they have been invited to attend.5. The deliberations of the Committee concerning requests by the Commission for its opinion, referred to in Article 3, shall not be the subject of a vote.6. The Committee shall meet, at least once a year, at the premises of the Commission upon the convocation of the latter.Article 8 Conciliation 1. Only the parties to a dispute relating to a specific request for transit may refer a matter to the Committee.2. The Committee shall meet in an ad hoc composition to consider any request for conciliation.3. The Committee in its conciliation composition shall comprise the Chairman and six members chosen from the members of the Committee:- the Eurogas representative,- two experts chosen by and from among the three experts who are members of the Committee,- three representatives of the high-pressure natural gas transmission grids not involved in the negotiations relating to the specific request for transit on which conciliation has been requested, chosen by and from among the fifteen representatives of the transmission grids who are members of the Committee.The Chairman shall not vote.4. Any conciliation request must be acted upon.5. The Committee in its conciliation composition shall formulate its conciliation compromise proposal not later than two and half months after the date on which the request for conciliation was submitted. The Chairman may decide, if necessary, a prolongation of no more than one month of the abovementioned period. The Committee in its conciliation composition shall designate a rapporteur from among its members.6. The representatives of the transmission grids involved in the negotiations on a specific request for transit on which conciliation has been requested shall be invited to present their points of view.7. After discussion by the Committee in its conciliation composition, the rapporteur shall formulate a conciliation compromise on which there is likely to be a consensus among the five other members of the Committee. In the event of disagreement, the rapporteur shall formulate a conciliation compromise on which there is agreement among a majority of the five other members. In that event, the opinions of the minority members shall be put on record.8. The Chairman shall submit the conciliation compromise to the parties, accompanied by any minority opinions, within three months of the date on which the request for conciliation by the Committee was submitted.9. The outcome of the conciliation procedure shall not have binding force. The above procedure and the outcome of any conciliation of any compromise shall be at any time without prejudice to application of Community Law, including in particular, the competition rules.10. Representatives of Member States concerned by a request for transit may take part in the conciliation procedure as observer.Article 9 Confidentiality Without prejudice to the provisions of Article 214 of the Treaty, members of the Committee and, where appropriate, the experts referred to in Article 7 (4), shall be required not to disclose commercial information brought to their knowledge through the work of the Committee, where the Commission informs them that the opinion requested or the question raised relates to a confidential matter.Article 10 Effect This Decision shall take effect seven days following its publication in the Official Journal of the European Communities.Done at Brussels, 8 December 1995.For the CommissionChristos PAPOUTSISMember of the Commission(1) OJ No L 147, 12. 6. 1991, p. 37.


title: 2012/574/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Chemicals Agency for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/192

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Chemicals Agency for the financial year 2010
   (2012/574/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Chemicals Agency for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Chemicals Agency for the financial year 2010, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

               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 (EC) No 1907/2006 of the European Parliament and of the Council (3) establishing a European Chemicals Agency, and in particular Article 97 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 (4), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0126/2012),

               1.

               Grants the Executive Director of the European Chemicals Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2010;

               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 Chemicals 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 366, 15.12.2011, p. 33.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

      (4)  OJ L 357, 31.12.2002, p. 72.
   ANNEX

      EUROPEAN PARLIAMENT RECOMMENDATIONS OVER PAST YEARS

               European Chemicals Agency

               2008

               2009

               Performance

               The Agency would benefit from developing feedback procedures and from developing a stronger customer focus

               Requests that the Court of Auditors undertake performance audits of the Agency

               Budgetary and financial management

                           —

                           Calls on the Agency to take steps to improve the planning and the monitoring of its resources and appropriations (41 % of the commitment appropriations for operational activities were carried over and 37,5 % were cancelled)

                           —

                           Calls on the Commission to examine ways of ensuring that the principle of needs-based management is implemented in full (Cash Reserves in 2008: EUR 18 747 210,75)

               Calls on the Agency to further develop the planning and monitoring of its procurement and budget execution so as to reduce the proportion of carry-forward appropriations; notes, in fact, that the Court of Auditors registered a carry-forward of EUR 20 000 000 (29 % of the appropriations) to the budgetary year 2010, approximately 88 % of which corresponds to activities not yet implemented (or, in some cases, goods not received) at the year-end; remarks, furthermore, that 5 % of the appropriations (EUR 3 000 000) were cancelled

               Human resources

                           —

                           Calls on the Agency to take care of the implementation of the recruitment procedure

                           —

                           Transparency issues: in 14 recruitment procedures the independence of the members of the selection board was not guaranteed, owing to the fact that the Director himself chaired the Board

                           —

                           Commends the Agency for deciding that the Director will no longer take part in the deliberations of selection boards

                           —

                           Calls on the Agency to put in place well-defined handover procedures

               Important for the Agency to keep monitoring the implementation of its budget and recruitment plan

               Internal audit

               The audit of three procedures showed weaknesses in the documentation summarising the work of the selection boards (lack of justification)

                           —

                           Calls on the Executive Director of the Agency to inform the discharge authority of the content of its audit plan

                           —

                           Calls on the Agency to inform the discharge authority of the steps taken to improve its control system by strengthening its financial circuits, workflows, audits, action plans and risk assessments

                           —

                           Encourages the Agency to effectively ensure that:

                                       —

                                       all components for financing decisions are in place,

                                       —

                                       the information necessary at each level within the organisation is properly defined and addressed,

                                       —

                                       the work programme shows all resources made available through the budget,

                                       —

                                       the documentation of financial procedures and checklists is finalised and updated

          ---documentbreak---

               17.10.2012

               EN

               Official Journal of the European Union

               L 286/193

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Chemicals Agency for the financial year 2010
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Chemicals Agency for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the European Chemicals Agency for the financial year 2010, together with the Agency’s replies (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06083/2012 – C7-0051/2012),

               —

               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 (EC) No 1907/2006 of the European Parliament and of the Council (3) establishing a European Chemicals Agency, and in particular Article 97 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 (4), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0126/2012),

               A.

               whereas the Court of Auditors stated that it has obtained reasonable assurances that the annual accounts of the European Chemicals Agency (‘the Agency’) for the financial year 2010 are reliable and that the underlying transactions are legal and regular,

               B.

               whereas on 10 May 2011 Parliament granted the Executive Director of the Agency discharge for implementation of its budget for the financial year 2009 (5), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           called on the Agency to inform the discharge authority of the steps taken to improve its control system by strengthening its financial circuits, workflows, action plans and risk assessments,

                           —

                           encouraged the Agency to effectively ensure that:

                                       —

                                       all components for financing decisions are in place,

                                       —

                                       the information necessary at each level within the organisation is properly defined and addressed,

                                       —

                                       the Annual Work Programme (AWP) shows all the resources made available through the budget,

                                       —

                                       the documentation of financial procedures and checklists is finalised and updated,

                           —

                           called on the Agency to further develop the planning and monitoring of its procurement and budget execution so as to reduce the proportion of carry-forward appropriations,

               C.

               whereas the overall budget of the Agency for the financial year 2010 was EUR 75 500 000 compared with EUR 70 400 000 in 2009, which represents an increase of 7,24 %,

               D.

               whereas the Agency received a temporary contribution of EUR 36 000 000 from the Union and EFTA,

      Budget and financial management

               1.

               Notes that the Court of Auditors reported that the Agency’s 2010 budget amounted to EUR 75 000 000 while the Agency reported a budget of EUR 75 500 000 for the financial year 2010;

               2.

               Acknowledges from the Agency that the Agency is financed through fees paid by industry for registrations of chemical substances and by a potential Union contribution;

               3.

               Recalls that the initial Union contribution to the Agency for 2010 amounted to EUR 25 305 000; notes however that EUR 8 700 000, coming from the recovery of surplus, was added to that amount which, as a result, makes a total Union contribution of EUR 34 005 000 for 2010 (6); acknowledges moreover that, since usually the revenue from fees is only credited to the Agency towards the end of the year, the Union contribution was deemed necessary to allow for the payment of the running costs until October 2010;

               4.

               Notes that the Agency refers to a temporary contribution from the Union of EUR 36 000 000 for 2010 although that amount includes EFTA’s contribution;

               5.

               Ascertains from its Report on Budgetary and Financial Management (RBFM) that the Agency committed to entirely reimburse the Union’s temporary contribution to the Commission upon receipt of the corresponding debit note; acknowledges from the Agency that the reimbursement of the temporary contribution occurred in March 2011 and that interest was paid to the Commission;

               6.

               Acknowledges from its RBFM that the initial budget of the Agency for 2010 amounted EUR 86 481 700; notes, however, that during the year the Management Board adopted two amending budgets reducing the budget expenditure by EUR 11 000 000 (12,75 %) in total;

               7.

               Notes from the RBFM that the budget for Title I in 2010, EUR 47 214 285, was amended downwards by 8 %, i.e. by EUR 3 787 650,18; acknowledges the Agency’s comment that the main reason for the decrease was a slower recruitment rate compared with the initial plans; notes also that the total execution rate for Title I reached 97,2 %;

               8.

               Observes also from the RBFM that the expenditure under Title II represented 92,4 % of the amended budget (EUR 10 739 727,92 vs. EUR 11 624 281,05), which is the result of cancellation of several IT consultancy projects which will be implemented under the future outsourcing contract in 2011;

               9.

               Establishes from its Annual Activity Report (AAR) that the Agency managed to process close to 23 000 incoming fee payments, which resulted in cashed fee income of EUR 349 700 000;

               10.

               Notes from the Court of Auditors that in 2010 the Agency became fully self-financing but that there is scope for its Financial Regulation to be revised to include a mechanism for retaining surplus from the Agency’s revenue to finance its future activities;

               11.

               Takes note of the Agency’s reply which states that it will include a proposal for a mechanism to manage surplus revenue in the upcoming review of its Financial Regulation; understands from the Agency’s AAR that an arrangement with an external, highly-rated custodian was set up and a second arrangement is being prepared to ensure the safe-keeping and risk diversification of the accumulated cash reserves that should be the principal source of finance for the Agency until the Financial Framework 2014-2020 is in place; acknowledges from the Agency that cash reserves have been placed for asset management at the European Investment Bank and the Central Bank of Finland;

      Carry-over of appropriations

               12.

               Establishes from the Agency’s RBFM that the carry-overs commitment and payment appropriations, EUR 12 254 740,59, mainly relate to IT costs for support to operations (EUR 5 747 560,42), as well as general administration (EUR 1 555 943,82);

               13.

               Establishes also from the RBFM that the total amount of EUR 2 533 156,09 was cancelled from the commitment and payment appropriations carried forward from the budget in 2009; notes in particular that this mainly concerns Title II;

               14.

               Regrets that the Court of Auditors does not mention the Agency’s appropriations carried forward and cancelled in its report on the annual accounts of the Agency for the financial year 2010;

               15.

               Welcomes the Agency’s efforts in improving the planning and the monitoring of resources and introducing guidelines to foster the principle of annuality; acknowledges in particular from the Agency that it managed to reduce the carry-over rate from 29,7 % in 2009 to 16,3 % in 2010;

               16.

               Underlines also that as the Agency works with non-dissociated credits in all its Titles, it is unrealistic to expect that all operations budgeted for one calendar year could both be committed and paid up within the same budgetary year, especially for project-type operational expenditure (e.g. IT systems developments);

      Procurement procedure

               17.

               Notes also from the Agency’s AAR that 350 procurements were carried out in 2010, including the multiannual framework contracts for IT, security, quality and management consulting services, for different communication-related matters and for language training;

               18.

               Acknowledges in particular that a high volume of contracting was carried out under existing framework contracts in the field of IT consulting services, as well as for scientific, technical, environmental and socioeconomic questions relating to REACH;

      Human resources (HR) management

               19.

               Notes from its AAR that in 2010 the Agency recruited more than 120 new staff; acknowledges in particular that a strong focus was placed on recruiting expert staff to enhance the scientific capacity of the Agency; further notes that the recruitment of middle and senior management was also prioritised in order to ensure the implementation of the new organisational structure from January 2011;

               20.

               Calls on the Agency to improve the planning of its HR activities and projects at the time of establishing its AWP; observes in particular from its AAR that due to the high rate and impact on HR services of the registration deadlines, training activities were de-prioritised and several HR projects were postponed or managed at a lower level than initially foreseen;

      Conflict of interests

               21.

               Noting that the Agency is involved in decisions of high importance for consumers, and taking into account its exposure due to its importance to industry, is looking forward to receiving and discussing the findings and recommendations of the Special Report of the Court of Auditors on conflict of interest situations to be released before the end of June 2012;

               22.

               Considers that, after the initial build-up phase with a focus on procedures, the Agency needs to ensure that its budget and staff are allocated in a way that allows it to deliver fully on substance, in particular regarding evaluation, restrictions and authorisation;

      Internal audit

               23.

               Considers that the Agency has improved its administrative processes (including financial circuits) and its operational workflow by developing an Integrated Quality Management System (ISO 9001); welcomes in addition the fact that the Agency has integrated risk assessments into its priority setting for audits and its AWP, and, where appropriate, as a basis for decision making; considers this to be a best practice to be followed by the other agencies;

               24.

               Acknowledges from the Agency that the Internal Audit Service performed an advisory engagement on ‘preparedness for registration’ which was issued and transmitted to the Executive Director on 14 April 2010; underlines that this audit has the objective of assessing the preparedness of the Agency to cope with future registration deadlines;

               25.

               Welcomes in this respect the establishment by the Agency of a separate registration and submission unit as well as a contingency task force; calls nevertheless on the Agency to improve consistency in the treatment of files; notes that this is a prerequisite for registration activities and that the Agency should increase its efforts in this respect by establishing a standard process for updates of registration rules, and a sufficient information trail and documentation of decisions taken for rules updates;

               26.

               Calls also on the Agency to prepare its registration unit staff for an increased workload, from today’s level, by training them (and in particular the unit’s middle management) and by establishing back-up arrangements for key staff; underlines that the task of the registration unit should be focused on core activities for which specific knowledge of registration is needed;

               27.

               Calls on the Agency to respect a stringent top down/bottom up methodology for reporting and clear guiding principles in order to define the relevant indicators and tools to be used;

               28.

               Acknowledges from the Agency that the Internal Audit Capability performed two assurance internal audits in 2010: one on ‘Staff back-up Process’ and the other one on ‘Fee Invoicing Process’;

      Performance

               29.

               Notes that around the end of 2010, two important deadlines for REACH and the Classification, Labelling and Packaging Regulation passed; welcomes, therefore, the fact that the Agency successfully managed to handle the reception and processing of 25 000 registration dossiers on 4 300 chemical substances that are either commonly used in Europe or are the most hazardous and of over 3 million notifications for over 100 000 substances that are classified and have to be labelled to protect the user;

               30.

               Welcomes the Agency’s initiatives for enhancing its customer focus and feedback procedures; is particularly pleased that the Agency paid special attention to its communication activities such as stakeholders’ days, publications or helpdesk assistance;

               31.

               Is satisfied with the successful operation of the Agency in implementing the Union’s chemicals’ legislation;

               32.

               Considers the developments in the context of IT contracts as a result of the significant costs thereof and the delays witnessed over the build-up phase;

      Role of coordinator of the network of agencies

               33.

               Commends the Agency on its effective work as coordinator of the network of agencies during the 2010 discharge procedure;

               34.

               Draws attention to its recommendations from previous discharge reports, as set out in the Annex to this resolution;

               35.

               Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2012 (7) on the performance, financial management and control of the agencies.

      (1)  OJ C 366, 15.12.2011, p. 33.

      (2)  OJ L 248, 16.9.2002, p. 1.

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

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

      (5)  OJ L 250, 27.9.2011, p. 150.

      (6)  OJ L 64, 12.3.2010, p. 447.

      (7)  Texts adopted, P7_TA(2012)0164 (see page 388 of this Official Journal).


Avis juridique important

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31987D0442

87/442/EEC: Council Decision of 13 August 1987 concerning the conclusion of an Agreement in the form of an Exchange of Letters on fisheries arrangements between the European Economic Community and the Kingdom of Morocco, applicable on a preliminary basis from 1 August to 31 December 1987

Official Journal L 232 , 19/08/1987 P. 0018

*****COUNCIL  DECISION  of 13 August 1987  concerning the conclusion of an Agreement in the form of an Exchange of Letters on fisheries arrangements between the European Economic Community and the Kingdom of Morocco, applicable on a preliminary basis from 1 August to 31 December 1987  (87/442/EEC)  THE COUNCIL OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community,  Having regard to the Act of Accession of Spain and Portugal, and in particular Article 167 (3) and Article 354 (3) thereof,  Having regard to the proposal from the Commission,  Whereas the Sea Fisheries Cooperation Agreement between the Kingdom of Spain and the Kingdom of Morocco was signed and entered into force on 1 August 1983 for a period of four years; whereas that Agreement expired on 31 July 1987;  Whereas Article 167 (3) of the Act of Accession required the Council, before the expiry of the fisheries agreements concluded by the Kingdom of Spain with third countries, to adopt the decisions appropriate for the continuation of fishing activities resulting therefrom;  Whereas Decision 86/641/EEC (1) authorized the Portuguese Republic to extend, from 4 January 1987 to 3 January 1988, the sea fisheries Agreement concluded with the Kingdom of Morocco; whereas additional provisions should be made for the implementation of that Agreement;  Whereas, pending the conclusion of a fisheries agreement between the European Economic Community and the Government of the Kingdom of Morocco, and in order to avoid any interruption in the fishing activities of Community vessels in Moroccan waters, the two delegations have agreed arrangements, to apply on a preliminary basis from 1 August to 31 December 1987, which authorize the vessels concerned to continue their fishing activities;  Whereas it is in the interest of the Community to approve the Agreement,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an Exchange of Letters on fisheries arrangements between the European Economic Community and the Kingdom of Morocco, applicable on a preliminary basis from 1 August to 31 December 1987, is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  This Decision shall apply from 1 August 1987.  Done at Brussels, 13 August 1987.  For the Council  The President  K.E. TYGESEN  (1) OJ No L 376, 31. 12. 1986, p. 112.