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41986D0517

86/517/EEC: Decision of the representatives of the Governments of the Member States, meeting within the Council of 27 October 1986 concerning the suspension of new direct investment in the Republic of South Africa

Official Journal L 305 , 31/10/1986 P. 0045

*****DECISION  OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL  of 27 October 1986  concerning the suspension of new direct investment in the Republic of South Africa  (86/517/EEC)  THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCIL,  Whereas the refusal of the Government of the Republic of South Africa to take concrete measures leading to the abolition of apartheid and the deterioration of the situation in that country have given rise to discussions in the context of European political cooperation;  Whereas such discussions have led in particular to a consensus to provide for the suspension of new direct investments in the Republic of South Africa;  Whereas it is necessary that Member States take harmonized measures with a view to such a suspension;  Whereas certain Member States have already suspended direct investment with respect to the Republic of South Africa,  HAVE DECIDED AS FOLLOWS:  Sole Article  1. Member States shall take the necessary measures to ensure that new direct investments in the Republic of South Africa by natural or legal persons resident within the Community are suspended. This provision may be complied with by the issue of guidance to natural and legal persons.  2. Direct investment shall have the following meaning:  - establishment and extension of branches or new undertakings belonging solely to the person providing the capital, and the acquisition in full of existing undertakings,  - new or increased participation in new or existing undertakings,  - long-term loans of a participative nature, defined as loans for a period of more than five years which are made for the purpose of establishing lasting economic links.  3. Direct investment made with a view to maintaining the level of an existing economic activity as well as in execution of contracts concluded before the date of publication of this Decision in the Official Journal of the European Communities shall not be covered.  4. Derogations may be made in the case of investments in training, health and the social sector in conformity with the positive measures currently being implemented by the Community or its Member States following the Decisions taken in Luxembourg on 10 September 1985 and in Brussels on 16 September 1986.  Done at Luxembourg, 27 October 1986.  The President  G. HOWE


title: Commission Decision of 25 February 2016 setting up a Scientific, Technical and Economic Committee for Fisheries

text:
               26.2.2016

               EN

               Official Journal of the European Union

               C 74/4

         COMMISSION DECISION
   of 25 February 2016
   setting up a Scientific, Technical and Economic Committee for Fisheries
   (2016/C 74/05)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EU) No 1380/2013 of the European Parliament and of the Council of 11 December 2013 on the Common Fisheries Policy, amending Council Regulations (EC) No 1954/2003 and (EC) No 1224/2009 and repealing Council Regulations (EC) No 2371/2002 and (EC) No 639/2004 and Council Decision 2004/585/EC (1), and in particular Article 26 thereof,
   Whereas:

               (1)

               Article 43 of the Treaty assigned to the European Union and Member States the task of establishing the provisions necessary for the pursuit of the objectives of the Common Fisheries Policy (CFP).

               (2)

               With a view to implement Union policy in the area of fisheries and aquaculture, the assistance of highly qualified scientific experts is required, particularly in the application of marine and fisheries biology, fishing gear technology, fisheries economics, fisheries governance, ecosystem effects of fisheries, aquaculture or similar disciplines, or in the field of collection, management and use of fisheries and aquaculture data.

               (3)

               It is therefore necessary to set up a group of experts in the field of fisheries and aquaculture and to define its tasks and its structure. This assistance should be provided by a permanent Scientific, Technical and Economic Committee for Fisheries (STECF) set up by the Commission.

               (4)

               The Commission should consult the STECF group in order to develop the CFP policy, where appropriate, on matters pertaining to the conservation and management of living marine resources, including biological, economic, environmental, social and technical considerations, in accordance with Article 26 of Regulation (EU) No 1380/2013. The advice of this group should be based on the principles of excellence, independence, impartiality and transparency.

               (5)

               The STECF group should be composed of an appropriate number of members to perform the required tasks. Members of the group should be highly qualified, specialised, independent experts selected on the basis of objective criteria and through a public call for applications. They are appointed in their personal capacity and provide the Commission with opinions that are necessary for the implementation of the Common Fisheries Policy. It is essential that the group makes best use of external expertise from within and outside the Union as necessary to answer specific questions.

               (6)

               The Commission could not reach fully Union policy objectives for conservation and sustainable exploitation of fisheries resources without the specific STECF group’s substantial contributions. The Common Fisheries Policy requires that the decision-making is based on the best available scientific advice. In order to fulfil this requirement, the Commission policy proposals must be based on the best available science. The STECF group evaluates and provides the latest available scientific data to provide the Commission with sound and timely evidence-based scientific advice for the implementation and monitoring of the EU Common Fisheries Policy. The STECF advice is explicitly required among others pursuant to Articles 2(5a); 3(c), 6(2), 9(1 and 5), 10(2a and 3), 11(3), 15 (4(b) and 5(c)) 18(2, 3 and 5), 28 (2a), 29(2 and 4), 31(4) of Regulation (EU) No 1380/2013. STECF advise is also provided for in multi-annual management plans, measures relating to landing obligations, mixed fisheries management, the position of the Union at international fisheries organisations as well as sustainable fisheries partnership agreements with third countries. Therefore, these independent experts should receive special allowances beyond reimbursement of expenses, which is proportionate to the particular tasks attributed to them and in line with international standards.

               (7)

               The requirement for the provision of the best available scientific advice also applies to the responsibilities of the members of the STECF group supporting Commission services by providing scientific input at meetings in regional as well as international context that are part of the legislative process pursuant to Article 18 of Regulation (EU) No 1380/2013, whereby on the basis of the outcomes of such meetings the Member States provide to the Commission joint recommendations based on the best available scientific advice serving as the base for adoption of delegated or implementing acts. The Commission is responsible for facilitating the cooperation between Member States and relevant scientific bodies, among which STECF plays a predominant role. Therefore, the work of the STECF group effectively contributes to attainment of the objectives of the Common Fisheries Policy.

               (8)

               Rules on disclosure of information by members of the group should be laid down.

               (9)

               Personal data should be processed in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council (2).

               (10)

               Members of the group previously appointed should continue to stay in office until the new members are appointed.

               (11)

               Commission Decision 2005/629/EC (3) should be repealed,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Subject matter
   The Scientific, Technical and Economic Committee for Fisheries, hereinafter referred to as ‘the group’, or the ‘STECF group’ is hereby set up.
   Article 2
   Tasks
   In the field of conservation and management of living marine resources, including biological, economic, environmental, social and technical considerations, the group’s task shall be:

               (a)

               to assist the Commission in the preparation of legislative proposals, delegated acts or policy initiatives.

               (b)

               to monitor the evolution of policy and bring about an exchange of experience and good practise.

         Article 3
   Consultation
   1.   The Commission may consult the group on any matter relating to marine and fisheries biology, fishing gear technology, fisheries economics, fisheries governance, ecosystem effects of fisheries, aquaculture or similar disciplines. The Commission may require the adoption of such an opinion within a defined period. In agreement with the Commission services the group may also provide opinions on its own initiative to the Commission on such matters.
   2.   The chair of the group may advise the Commission to consult the group on a specific question.
   Article 4
   Membership-Appointment
   1.   The group shall be composed of not less than 30 members and not more than 35 members.
   2.   Members shall be individuals appointed in a personal capacity. They shall act independently and in the public interest.
   3.   Members shall be appointed by the Director-General of DG Maritime Affairs and Fisheries from experts with competence in the areas referred to in Article 2 and Article 3(1), and who have responded to the call for applications. The appointment shall include the date when members shall start their term of office. When defining the composition of the group, the Commission shall aim at ensuring, as far as possible, gender balance and a balanced geographical distribution which reflects the diversity of fisheries and aquaculture within the Union, taking into account the outcome of the selection procedure.
   4.   Members are appointed for three years. They shall remain in office until the end of their term of office, unless they are replaced in accordance with paragraph 6. Their term of office may be renewed. In case the replacement or renewal of the group members has not taken place on the date of the expiry of the three-year period, the members of the group shall remain in office until their replacement or the renewal.
   5.   Suitable candidates who are not appointed may be included on a reserve list established by the Commission. The reserve list may be used by the Commission for replacement of members who leave the group in accordance with paragraph 6 of this Article. The Commission shall ask applicants for their consent before including their names on the list. Such replacements shall be appointed in accordance with the same conditions as members.
   6.   Members who are no longer capable of contributing effectively to the group’s deliberations, who resign or who do not comply with the conditions set out in paragraph 3 of this Article, or Article 339 of the Treaty, may be replaced for the remainder of their term of office.
   7.   The names of members shall be published in the Register of Commission expert groups and other similar entities (‘the Register’) (4).
   8.   Personal data shall be collected, processed and published in accordance with Regulation (EC) No 45/2001.
   Article 5
   Independence
   1.   Experts applying to be appointed as members of the STECF group must disclose any circumstances that may compromise or be reasonably perceived to compromise the expert’s capacity to act independently and in the public interest when providing advice to the Commission, including any relevant circumstances relating to their family members. In particular, the Commission services shall require those experts to submit a declaration of interests (‘DOI form’) and a curriculum vitae, as part of the application procedure. The DOI form shall consist of a series of questions requesting experts to disclose any interest relevant to the subject of the work to be performed. Submission of a duly completed DOI form shall be necessary in order for an individual to be appointed as a member of the group. The declarations of interests shall be made publicly available, as long as the experts in question are members of the group.
   2.   If the responsible Commission service concludes that, in light of the assessment of DOIs, no conflict of interest exists, the expert in question may be appointed in a personal capacity, provided he/she possesses the expertise required.
   3.   Members shall be required to inform the competent Commission services as soon as there is any change in the information previously provided, in which case they would be required to submit immediately a newly completed DOI form describing relevant changes.
   Article 6
   Operation
   1.   The STECF group shall elect a chair and two vice-chairs from amongst its members by a simple majority for a period of three years. The chair and the vice-chairs of the group may not be elected for the same position for more than two consecutive periods.
   2.   The chair of the group may appoint rapporteurs from among group members. For particularly complex questions of a multidisciplinary nature, more than one rapporteur may be appointed.
   3.   The Commission services may invite experts from outside the group with specific competence in a subject on the agenda to take part in the work of the group or the sub-group on an ad hoc basis (external experts).
   4.   In agreement with the Commission services, the STECF group may set up sub-groups to examine specific questions on the basis of the terms of reference defined by the Commission. The sub-groups shall consist of at least two group members and external experts. Sub-groups shall report to the group within a given time frame in accordance with those terms of reference. Such sub-groups shall be disbanded as soon as their mandate is fulfilled.
   5.   The Commission shall provide the secretariat for the group and its sub-groups. The secretariat shall be responsible for providing technical and administrative support and coordination to facilitate the efficient functioning of the group and to organise meetings for its sub-groups. Where necessary, the secretariat shall coordinate activities of the group and its sub-groups with those of other European Union and international bodies. Commission representatives with an interest in the proceedings may attend meetings of the group and its sub-groups. Meetings of the expert group and the sub-groups shall, in principle, be held on Commission premises.
   6.   All relevant documents such as agendas, minutes and participants submissions shall be made available either in the Register or via a link from the Register to a dedicated website, where information can be found. Access to dedicated websites shall not be submitted to user registration or any other restriction. Exceptions to publication shall be foreseen where disclosure of a document would undermine the protection of a public or private interest as defined in Article 4 of Regulation (EC) No 1049/2001 of the European Parliament and of the Council (5).
   7.   The group shall adopt its rules of procedure on the basis of the standard rules of procedure for expert groups.
   Article 7
   Confidentiality
   1.   Members of the STECF group and external experts shall comply with the obligations of professional secrecy laid down by the Treaties and their implementing rules, as well as with the Commission’s rules on security regarding the protection of EU classified information, laid down in the Annex to Commission Decisions (EU, Euratom) 2015/443 (6) and 2015/444 (7). Should they fail to respect these obligations, the Commission may take all appropriate measures.
   2.   The deliberations of the group shall be confidential. In agreement with the Commission’s services, the group may, by a simple majority of its members, decide to open its deliberations to the public.
   Article 8
   Reimbursements and special allowances
   1.   Members of the STECF group and the external experts shall be entitled to a special allowances for their preparatory work and/or participation in the activities of the group and related external meetings, as set out in the Annex.
   2.   Travel and subsistence expenses incurred by group members and external experts through participation in the meetings of the group or sub-groups and related external meetings shall be reimbursed by the Commission in accordance with the provisions in force within the Commission.
   3.   Those expenses shall be reimbursed within the limits of the available appropriations allocated under the annual procedure for the allocation of resources.
   Article 9
   Transitional provisions
   Members of the STECF group, appointed in accordance with Article 4 of Decision 2005/629/EC shall remain in office as members of the Committee established by the present Decision until the new members of the group are appointed in accordance with Article 4 of the present Decision. The provisions of this Decision shall apply to them.
   Article 10
   Repeal
   Decision 2005/629/EC is repealed.

      Done at Brussels, 25 February 2016.

            For the Commission

         Karmenu VELLA

            Member of the Commission

      (1)  OJ L 354, 28.12.2013, p. 22.

      (2)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data (OJ L 8, 12.1.2001, p. 1).

      (3)  Commission Decision 2005/629/EC of 26 August 2005 relating to establishing a Scientific, Technical and Economic Committee for Fisheries (OJ L 225, 31.8.2005, p. 18).

      (4)  Members who do not wish to have their names disclosed may apply for derogation from this rule. The request not to disclose the name of a member of an expert group shall be considered justified whenever publication could endanger his or her security or unduly prejudice his or her privacy.

      (5)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43). These exceptions are intended to protect public security, military affairs, international relations, financial, monetary or economic policy, privacy and integrity of the individual, commercial interests, court proceedings and legal advice, inspections/investigations/audits and the institution’s decision-making process.

      (6)  Commission Decision (EU, Euratom) 2015/443 of 13 March 2015 on Security in the Commission (OJ L 72, 17.3.2015, p. 41).

      (7)  Commission Decision (EU, Euratom) 2015/444 of 13 March 2015 on the security rules for protecting EU classified information (OJ L 72, 17.3.2015, p. 53).

      ANNEX
      Special allowances

                  (1)

                  The members of the group and external experts are entitled to a special allowance which compensates them for their participation in person or by distance (written procedure) in the meetings of the group. The special allowance consists of a maximum of EUR 450 in the form of a daily unit cost for each full working day as specified in the table below. The total allowance shall be calculated and rounded upwards to the amount corresponding to the nearest half working day.

                              EUR per full day (1)

                              Group plenary meetings

                              Sub-groups

                              Chair

                              450

                              450

                              Vice Chair

                              450

                              450

                              Group Members

                              300

                              300

                              External expert

                              300

                              300

                  (2)

                  The members of the group are entitled to a special allowance for acting as rapporteur to compensate them for the work performed for activities such as preparation and finalisation of the input to the report of the group or sub-group meeting outside of the meeting. This special allowance is equivalent to one full working day and consists of EUR 450.

                  (3)

                  The members of the group and external experts are entitled to a special allowance for acting as rapporteur to provide scientific reports (summaries, inquiries and background information) in preparation of group or sub-group meetings; or to write the report of the group or sub-group meetings following the meetings.

                  (4)

                  The Chair is entitled to a special allowance for the scientific supervision and organisation of group work outside group plenary.
                  When requesting preparatory work, consisting in particular of writing of the group or sub-group reports or opinions, analysis to substantiate impact assessment, or scientific supervision, the Commission will specify the tasks to be carried out as well as their timeframe. The calculation of the number of the working days depends in particular on the workload related to the complexity of the matter, the length of the period needed to complete the tasks due to the amount and accessibility of data and scientific literature and information to be collected and processed. The indicative number of working days provided below can therefore be departed from only in duly substantiated and exceptional cases:

                              Indicative number of working days

                              Type of tasks requested

                              1-10 days

                              Preparatory work (scientific reports, research, analysis to substantiate impact assessment)

                              4-6 days

                              Report following the group or sub-group meeting, STECF opinion

                              10-30 days

                              Scientific supervision and organisation of group work outside group plenary meetings, in particular to advise Commission on general scientific planning, on mobilizing external experts, on definition of terms of references for the scientific reports as well as sub-group and group meetings, on ensuring availabilities of existing data and scientific research, to prepare and coordinate the setup and meetings of sub-groups, to liaise with other advisory bodies and stakeholders and with Commission services (both with DG MARE and other DGs and JRC)

                        Experts acting as rapporteur to provide scientific reports in preparation of group or sub-group meetings; or to write the report of the group or sub-group meetings following the meetings and the Chair for the scientific supervision and organisation of group work outside group plenary will be paid with the sum of EUR 450 in the form of a daily unit cost for each full working day.

                  (5)

                  In accordance with Article 18 of the Regulation of 1380/2013 on Common Fisheries Policy the group members can support the Commission services by participating in their group member capacity at meetings in regional as well as in international context. They are entitled to a special allowance of EUR 300 in the form of a daily unit cost for each full working day. The participation is subject to prior authorisation by the Commission services and disbursement is subject to ex-post verification of attendance by the Commission services.

                  (6)

                  The total special allowance received by a member of the group or an external expert per day can never exceed EUR 450, in conformity with Commission Decision C(2014) 2220.

         (1)  Should the participation only take place in a morning or in an afternoon, the allowance should be of 50 % of the full day allowance.


title: 2008/527/EC: Decision of the European Parliament of 24 April 2007 on the discharge for the implementation of the budget of the European Maritime Safety Agency for the financial year 2005

text:
               15.7.2008

               EN

               Official Journal of the European Union

               L 187/149

         DECISION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   on the discharge for the implementation of the budget of the European Maritime Safety Agency for the financial year 2005
   (2008/527/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Maritime Safety Agency for the financial year 2005, together with the Agency's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (4), and in particular Article 19 thereof,
   having regard to the 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 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A6-0114/2007),

               1.

               Grants to the executive director of the European Maritime Safety Agency discharge for the implementation of the Agency's budget for the financial year 2005;

               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 Maritime Safety 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

         Hans-Gert PÖTTERING

            The Secretary-General

         Harald RØMER

      (1)  OJ C 266, 31.10.2006, p. 13.

      (2)  OJ C 312, 19.12.2006, p. 30.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 208, 5.8.2002, p. 1. Regulation as last amended by Regulation (EC) No 1891/2006 (OJ L 394, 30.12.2006, p. 1).

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

               15.7.2008

               EN

               Official Journal of the European Union

               L 187/150

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 24 April 2007
   with observations forming an integral part of the Decision on the discharge for the implementation of the budget of the European Maritime Safety Agency for the financial year 2005
   THE EUROPEAN PARLIAMENT,
   having regard to the final annual accounts of the European Maritime Safety Agency for the financial year 2005 (1),
   having regard to the Court of Auditors' report on the final annual accounts of the European Maritime Safety Agency for the financial year 2005, together with the Agency's replies (2),
   having regard to the Council's Recommendation of 27 February 2007 (5711/2007 — C6-0080/2007),
   having regard to the EC Treaty, and in particular Article 276 thereof,
   having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,
   having regard to Regulation (EC) No 1406/2002 of the European Parliament and of the Council of 27 June 2002 establishing a European Maritime Safety Agency (4), and in particular Article 19 thereof,
   having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the Report of the Committee on Budgetary Control and the opinion of the Committee on Transport and Tourism (A6-0114/2007),

               A.

               whereas the Court of Auditors stated that it obtained reasonable assurance that the annual accounts for the financial year ended 31 December 2005 were reliable and that the underlying transactions, taken as a whole, were legal and regular,

               B.

               whereas on 27 April 2006 Parliament gave discharge to the director in respect of the implementation of the Agency's budget for 2004 financial year (6) and in the Resolution accompanying the discharge Decision Parliament, inter alia,

                           —

                           noted the Court of Auditors' finding of a number of failures in the internal control system,

                           —

                           regretted the little use made of appropriations for maritime anti-pollution measures; only EUR 200 000 of the EUR 700 000 available in both commitment and payment appropriations was used, representing a rate of 28 %;

         General points concerning the majority of EU Agencies requiring individual discharge

               1.

               Considers that the ever-growing number of Community Agencies and the activities of certain of them do not seem to form part of an overall policy framework, and that the remits of some Agencies do not always reflect the real needs of the Union or the expectations of its citizens, and notes that in general terms the Agencies do not always have a good image or a good press;

               2.

               Invites the Commission therefore to define an overall policy framework for the setting up of new Community Agencies and to present a cost-benefit study before the setting up of any new Agency, while being careful to avoid any overlap of activities between Agencies or with the remits of other European organisations;

               3.

               Calls on the Court of Auditors to give its opinion on the cost-benefit study before Parliament takes its decision;

               4.

               Invites the Commission to present every five years a study on the added value of every existing Agency; invites all relevant institutions in the case of a negative evaluation of the added value of an Agency to take the necessary steps by reformulating the mandate of that Agency or by closing it;

               5.

               Considers it regrettable, given the growing number of regulatory Agencies, that the negotiations on the draft interinstitutional agreement on the operating framework for the European regulatory Agencies have not yet been concluded, and calls on the relevant departments of the Commission, in consultation with the Court of Auditors, to do their utmost to ensure that the agreement is brought to a rapid conclusion;

               6.

               Notes that the Commission's budgetary responsibility calls for closer linking of the Agencies to the Commission; calls on the Commission and the Council to take all necessary steps to give the Commission a blocking minority in the supervisory bodies of the regulatory Agencies by 31 December 2007 and to provide for such a minority from the outset when new Agencies are set up;

               7.

               Invites the Court of Auditors to create an additional chapter in its Annual Report, devoted to all Agencies to be discharged under the Commission's accounts in order to have a much clearer picture of the use of EU funds by Agencies;

               8.

               Recalls the principle according to which all Community Agencies, whether subsidised or not, are subject to discharge by the Parliament, even where a discharge authority exists by virtue of their constitutive texts;

               9.

               Calls on the Court of Auditors to perform performance audits for all Agencies and to report back to the relevant committees of Parliament, including the Committee on Budgetary Control;

               10.

               Notes that the number of Agencies is constantly increasing and that, in accordance with the Commission's political responsibility for the operation of the Agencies, which goes far beyond mere logistical support, there is an even higher need for the Directorates-General of the Commission charged with the setting up and monitoring of Agencies to develop a common approach to the Agencies; considers that a structure similar to the one created by the Agencies for coordination among the DGs concerned would be a pragmatic way forward towards a common approach by the Commission on all matters relating to the Agencies;

               11.

               Invites the Commission to improve administrative and technical support to the Agencies, taking into account the growing complexity of the Community's administrative rules and technical problems;

               12.

               Notes the lack of a disciplinary body in any of the Community Agencies, and calls on the Commission to take the necessary steps to ensure that such a mechanism is rapidly put in place;

               13.

               Welcomes the considerable improvements in the coordination among the Agencies, which allows them to tackle recurring problems and makes cooperation with the Commission and Parliament more efficient;

               14.

               Takes the view that the establishment by a number of Agencies of a shared support service aimed at making their computerised financial management systems consistent with those of the Commission is a measure that should be taken further and extended;

               15.

               Calls upon the Agencies to improve their cooperation and benchmarking with actors in the field; urges the Commission to adopt any measures it considers necessary to help the Agencies enhance their image and raise the profile of their activities;

               16.

               Calls upon the Commission to come up with a proposal to harmonise the format of the annual reporting by the Agencies and to develop performance indicators which would allow a comparison of their efficiency;

               17.

               Invites the Agencies to present at the beginning of every year performance indicators against which they could be measured;

               18.

               Invites all Agencies to increasingly use SMART objectives which should lead to more realistic planning and implementation of goals;

               19.

               Agrees with the Court of Auditors that the Commission also bears responsibility for the (financial) management of the Agencies; therefore, urges the Commission to monitor and where necessary direct and help the management of the different Agencies, especially in relation to the proper application of tender procedures, transparency of recruitment procedures, sound financial management (underspending and overbudgeting) and most importantly the proper application of the rules concerning the internal control framework;

               20.

               Considers that the Agencies' work programmes should express their contributions in operational and measurable terms and that due consideration should be given to the Commission's Internal Control Standards;

         Specific points

               21.

               Notes that the implementation of the budget for the financial year 2005 was affected by delays in staff recruitment and that this situation had repercussions on the utilisation of appropriations for administrative expenditure;

               22.

               Notes that activity-based management was not brought in, even though the Agency's financial regulation made provision for its introduction on the model that was applied to the general budget with a view to better monitoring performance;

               23.

               Is concerned that the Agency's computerised accounting system for the general accounts allows direct changes to be made to accounting records without corrective journal entries;

               24.

               Insists that the register of liabilities to be entered in the balance sheet should be checked more carefully as liabilities are actually overestimated by at least EUR 92 000 (i.e. almost 10 % of current liabilities), corresponding to goods and services not yet received as at 31 December 2005;

               25.

               Notes that the documentation of transactions, a prerequisite for a valid system of internal control, showed some weaknesses and that files which relate to commitments and payments were often incomplete or confused;

               26.

               Is concerned that it is difficult to ascertain the total number of contracts concluded during the financial year and the number of contracts in progress; insists that the system of control must be tightened up, beginning with the adoption of minimum standards for administrative and control procedures, including the nature and organisation of data;

               27.

               Notes that contract clauses which provide for pre-financing are not standardised with regard to the provision of bank guarantees; invites the Agency to solve this problem immediately;

               28.

               Notes furthermore various shortcomings in public procurement management and insists that the Agency has to comply with the regulatory requirements;

               29.

               Deplores the fact that delays in staff recruitment have had repercussions on the utilisation of appropriations for operating activities (Title III); welcomes the Agency's decision to establish a recruitment plan and insists that similar delays be avoided in the future in order for the Agency to be fully operational.

      (1)  OJ C 266, 31.10.2006, p. 13.

      (2)  OJ C 312, 19.12.2006, p. 30.

      (3)  OJ L 248, 16.9.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1995/2006 (OJ L 390, 30.12.2006, p. 1).

      (4)  OJ L 208, 5.8.2002, p. 1. Regulation as last amended by Regulation (EC) No 1891/2006 (OJ L 394, 30.12.2006, p. 1).

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

      (6)  OJ L 340, 6.12.2006, p. 123.


title: 2005/533/EC: Decision of the European Parliament of 12 April 2005 on the discharge for implementing the general budget of the European Union for the financial year 2003, Section IV — Court of Justice

text:
               27.7.2005

               EN

               Official Journal of the European Union

               L 196/42

      DECISION OF THE EUROPEAN PARLIAMENT

   of 12 April 2005
   on the discharge for implementing the general budget of the European Union for the financial year 2003, Section IV — Court of Justice
   (2005/533/EC)
   THE EUROPEAN PARLIAMENT,
   having regard to the general budget of the European Union for the financial year 2003 (1),
   having regard to the revenue and expenditure account and balance sheet for the 2003 financial year (C6-0017/2005),
   having regard to the Annual Report of the European Court of Auditors concerning the financial year 2003, together with the institutions’ replies (2),
   having regard to the Statement of Assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions, provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (3),
   having regard to Articles 272(10), 275 and 276 of the EC Treaty,
   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 (4), in particular Articles 50, 86(4), 145, 146 and 147 thereof,
   having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5),
   having regard to Rule 71 of and Annex V to its Rules of Procedure,
   having regard to the report of the Committee on Budgetary Control (A6-0066/2005),

               1.

               Grants the Registrar of the Court of Justice discharge in respect of the implementation of the budget for the 2003 financial year;

               2.

               Records its comments in the accompanying resolution;

               3.

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

            The President

         Josep BORRELL FONTELLES

            The Secretary-General

         Julian PRIESTLEY

      (1)  OJ L 54, 28.2.2003, p. 1.

      (2)  OJ C 293, 30.11.2004, p. 1.

      (3)  OJ C 294, 30.11.2004, p. 99.

      (4)  OJ L 248, 16.9.2002, p. 1.

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

         RESOLUTION OF THE EUROPEAN PARLIAMENT

      containing the comments which form part of the decision on the discharge for implementing the general budget of the European Union for the financial year 2003, Section IV — Court of Justice
      THE EUROPEAN PARLIAMENT,
      having regard to the general budget of the European Union for the financial year 2003 (1),
      having regard to the revenue and expenditure account and balance sheet for the 2003 financial year (C6-0017/2005),
      having regard to the Annual Report of the European Court of Auditors concerning the financial year 2003, together with the institutions’ replies (2),
      having regard to the Statement of Assurance as to the reliability of the accounts and the legality and regularity of the underlying transactions, provided by the Court of Auditors pursuant to Article 248 of the EC Treaty (3),
      having regard to Articles 272(10), 275 and 276 of the EC Treaty,
      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 (4), in particular Articles 50, 86(4), 145, 146 and 147 thereof,
      having regard to the Financial Regulation of 21 December 1977 applicable to the general budget of the European Communities (5),
      having regard to Rule 71 of and Annex V to its Rules of Procedure,
      having regard to the report of the Committee on Budgetary Control (A6-0066/2005),
      The European Court of Auditors’ Annual Report

                  1.

                  Notes that the European Court of Justice (ECJ) administered a budget of EUR 150 599 614, of which 99,34 % (EUR 149 598 960,09) had been committed and 93,32 % (EUR 146 842 346,23) spent by 31 December 2003;

                  2.

                  Welcomes the fact that the Court of Auditors, for the first time, has evaluated the control environment of all institutions individually and has published their observations in a separate part;

                  3.

                  Notes that some of the most important requirements (minimum control standards, charters for financial actors, scope of the internal auditor’s mission) of the Financial Regulation were not fully implemented in 2003;

                  4.

                  Recognises in this context that the ECJ nevertheless adopted its new internal financial rules in January 2003 and that it preferred to draft detailed provisions and charters once some experience was gained with the operation of the new system; the documents required by the Court of Auditors were adopted in March 2004;

                  5.

                  Is concerned about the ECJ’s statement that ‘(…) there was available to the institution for the application of the new provisions only an extremely limited number of persons with a thorough knowledge of financial systems and backgrounds’;

                  6.

                  Is also concerned that the internal auditor could not carry out his work programme in 2003 owing to a lack of staff; welcomes the ECJ’s readiness to forward a copy of the internal auditor’s 2004 work programme; calls on the ECJ to remedy this staff shortage without delay and within the assigned budgetary means; considers that an internal audit capability constitutes a natural and obligatory component of any sound administration;

                  7.

                  Notes that, following the observations made by the Court of Auditors, the verification and audit functions in the ECJ have been separated;

                  8.

                  Notes that the ECJ negotiated the purchase of site licences for the use of software by restricted procedure without prior publication of a notice, thereby infringing legal provisions currently in force; the ECJ has admitted its mistake;

            Follow-up to the 2002 discharge procedure

                  9.

                  Remains alarmed about the growing backlog of cases in 2003, although initial indicative figures for 2004 show, with regard to the ECJ, a slight improvement (6):
                  European Court of Justice:

                              2000

                              2001

                              2002

                              2003

                                 2004

                              Cases completed

                              526

                              434

                              513

                              494

                                 665

                              New cases

                              503

                              504

                              477

                              561

                                 531

                              Cases pending

                              873

                              943

                              907

                              974

                                 840

                        The main areas concerned were: environment and consumers, agriculture, approximation of laws, social policy and taxation; cases lasted on average two years;
                  Court of First Instance

                              2000

                              2001

                              2002

                              2003

                                 2004

                              Cases completed

                              344

                              340

                              331

                              339

                                 361

                              New cases

                              398

                              345

                              411

                              466

                                 536

                              Cases pending

                              786

                              792

                              872

                              999

                                 1 174

                        The main areas concerned were: actions for annulment, staff cases and intellectual property; cases lasted on average a year and a half;
                  welcomes the following improvements:

                              —

                              smaller chambers delivered judgments,

                              —

                              fewer opinions presented by the Advocates General,

                              —

                              creation of a Civil Service Tribunal (26 % of the cases before the Court of First Instance),

                              —

                              simplification of the reports for the hearing drawn up by the Judge-Rapporteurs;

                        expects the ECJ to set performance targets and to establish action plans to achieve them, with a view to reducing the time span needed to bring pending cases to a conclusion in the years to come;

                  10.

                  Will make this issue one of the focal points in the 2004 discharge procedure;

                  11.

                  Welcomes the measures taken by the ECJ with regard to the use of official cars for Members, as outlined in its administrative decision of 31 March 2004; recognises that the new provisions are transparent and represent an improvement of the situation; notes that, with a view to reducing the administrative burden, the Court also defrays the cost for 15 000 km, in addition to journeys authorised by travel order, and that the professional use of the car is recorded in the driver’s log;

                  12.

                  Notes that Article 6 of the abovementioned decision provides that, where the Members use their official cars for journeys other than those referred to in Article 5 (i.e. journeys undertaken in the performance of official duties covered by a travel order, or based on a standard rate of 15 000 km/year), they are responsible for any related expenditure (tolls, fuel costs and any additional rental charge resulting from mileage in excess of the overall figure of 45 000 km per year stipulated in the framework contract); is of the opinion that the private use of an official car represents an undisclosed benefit-in-kind, which Parliament considers to be inappropriate;

            Annual activity report of the authorising officer and annual report of the internal auditor

                  13.

                  Notes the reply of the ECJ Registrar, according to which he is unable to forward the report under Article 86(4) or the internal auditor’s report as no internal audit report was finalised (7); will therefore pay special attention to these two documents in the 2004 discharge procedure;

                  14.

                  Notes that the 2003 annual activity report of the authorising officer was only submitted in July 2004 and does not contain a Statement of Assurance; is of the opinion that the annual activity report should be ready in time for the Court of Auditors’ audit containing a signed statement of assurance as a visible sign of financial responsibility;

            Other remarks

                  15.

                  Congratulates the ECJ on the comprehensive preparatory work undertaken in 2003 to prepare for enlargement, as shown in the report of the working group; will follow up the measures taken in its 2004 discharge report;

                  16.

                  Asks the ECJ to evaluate the implications of the new Financial Regulation for its administrative and judicial work in time for its review in 2005/2006, which should be forwarded to the European Parliament for its consideration;

                  17.

                  Notes that the ECJ agreed, during the discussion on 19 January 2005, to answer a number of additional questions in writing in time for the answers to be considered during the 2003 discharge procedure.

         (1)  OJ L 54, 28.2.2003, p. 1.

         (2)  OJ C 293, 30.11.2004, p. 1.

         (3)  OJ C 294, 30.11.2004, p. 99.

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

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

         (6)  Figures taken from the 2003 Annual Report; the figures for 2004 are preliminary and were supplied by the ECJ’s administration.

         (7)  Answer to question 3.


title: 2007/481/EC: Commission Decision of 25 June 2007 on the compatibility with Community law of measures taken by Finland pursuant to Article 3a(1) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities

text:
               10.7.2007

               EN

               Official Journal of the European Union

               L 180/38

      COMMISSION DECISION

   of 25 June 2007
   on the compatibility with Community law of measures taken by Finland pursuant to Article 3a(1) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities
   (2007/481/EC)
   THE COMMISSION OF THE EUROPEAN COMMUNITIES,
   Having regard to the Treaty establishing the European Community,
   Having regard to Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (1), and in particular Article 3a(2) thereof,
   Having regard to the opinion of the Committee established pursuant to Article 23a of Directive 89/552/EEC,
   Whereas:

               (1)

               By letter of 22 September 2006, received by the Commission on 2 October 2006, Finland notified to the Commission measures to be taken pursuant to Article 3a(1) of Directive 89/552/EEC.

               (2)

               The Commission verified, within a period of three months from this notification, that such measures are compatible with Community law, in particular as regards the proportionality of the measures and the transparency of the national consultation procedure.

               (3)

               In its examination, the Commission took into consideration the available data on the Finnish media landscape.

               (4)

               The list of events of major importance for society included in the Finnish measures was drawn up in a clear and transparent manner and a far-reaching consultation had been launched in Finland.

               (5)

               The Commission was satisfied that the events listed in the Finnish measures met at least two of the following criteria considered to be reliable indicators of the importance of events for society: (i) a special general resonance within the Member State and not simply a significance to those who ordinarily follow the sport or activity concerned; (ii) a generally recognised, distinct cultural importance for the population in the Member State, in particular as a catalyst of cultural identity; (iii) involvement of the national team in the event concerned in the context of a competition or tournament of international importance; and (iv) the fact that the event has traditionally been broadcast on free television and has commanded large television audiences.

               (6)

               A number of the events listed in the Finnish measures, including the summer and winter Olympic Games, the opening match, quarter-finals, semi-finals and final of the World Cup as well as the matches of the Finnish team in that tournament, fall within the category of events traditionally considered of major importance for society, as referred to explicitly in recital 18 of Directive 97/36/EC. These events have a special general resonance in Finland, as they are particularly popular with the general public, not just with those who usually follow sport events.

               (7)

               The men’s Ice Hockey World Championships, organised by the International Ice Hockey Federation (IIHF), have a special general resonance, as ice hockey is played actively by the Finnish people, and a generally recognised, distinct cultural importance for the Finnish population in view of the great success of the Finnish team in this international tournament. Because of their specific organisation, the Ice Hockey World Championships should be treated as a single event in which matches between other countries also affect the position of teams against which Finland must or may play and the overall result.

               (8)

               The Nordic World Ski Championships (cross-country skiing, ski jumping and Nordic combined), organised by the International Ski Federation (FIS), have a special general resonance and a generally recognised, distinct cultural importance for the Finnish population as a catalyst of cultural identity, as Nordic skiing enjoys the status of a national sport in Finland.

               (9)

               The listed athletics events, namely the World Championships in Athletics, organised by the International Association of Athletics Federations (IAAF), and the European Athletics Championships, organised by the European Athletics Association (EAA), have a generally recognised, distinct cultural importance for the Finnish population as a catalyst of cultural identity, as the top Finnish athletes representing Finland internationally in a wide range of individual disciplines are among the world elite in their specialities.

               (10)

               The listed events have traditionally been broadcast on free television and have commanded large television audiences.

               (11)

               The Finnish measures appear proportionate so as to justify a derogation from the fundamental EC Treaty freedom to provide services on the basis of an overriding reason of public interest, which is to ensure wide public access to broadcasts of events of major importance for society.

               (12)

               The Finnish measures are compatible with EC competition rules in that the definition of qualified broadcasters for the broadcasting of listed events relies on objective criteria that allow actual and potential competition for the acquisition of the rights to broadcast these events. In addition, the number of listed events is not disproportionate so as to distort competition on the downstream free television and pay-television markets.

               (13)

               The proportionality of the Finnish measures is reinforced by the fact that they have no retroactive effect and thus have no impact on the exercise of the broadcasting rights to listed events acquired before the date of their entry into force.

               (14)

               The Commission communicated the measures notified by Finland to the other Member States and presented the results of this verification at the meeting of the Committee established pursuant to Article 23a of Directive 89/552/EEC of 15 November 2006. The Committee adopted a favourable opinion at this meeting.

               (15)

               The Finnish measures were adopted on 22 February 2007 and entered into force on 1 March 2007,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The measures pursuant to Article 3a(1) of Directive 89/552/EEC notified by Finland to the Commission on 22 September 2006 are compatible with Community law.
   Article 2
   The measures, as finally taken by Finland and set out in the Annex to this Decision, shall be published in the Official Journal of the European Union in accordance with Article 3a(2) of Directive 89/552/EEC.

      Done at Brussels, 25 June 2007.

            For the Commission

         Viviane REDING

            Member of the Commission

      (1)  OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.7.1997, p. 60).

      ANNEX
      Publication pursuant to Article 3a(2) of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities
      The measures taken by Finland to be published pursuant to Article 3a(2) of Directive 89/552/EEC are as follows:

         ‘GOVERNMENT DECREE ON
         Television broadcasting of events of importance for society
         Adopted in Helsinki on 22 February 2007
         In accordance with the Government decision made on the submission of the Ministry of Transport and Communications, the following is enacted by virtue of section 20(3) of the Act on Television and Radio Operations (744/1998) given on 9 October 2003, as amended by Act No 394/2003:
         Section 1
         Events of importance for society
         The following events are of importance for society in Finland, as referred to in Section 20(3) of the Act on Television and Radio Operations (744/1998):

                     1.

                     The Summer and Winter Olympic Games, organised by the International Olympic Committee;

                     2.

                     The opening match, quarter-finals, semi-finals and final of the Football World Cup, organised by FIFA (the Fédération Internationale de Football Association), and the matches of the Finnish team;

                     3.

                     The opening match, quarter-finals, semi-finals and final of the European Football Championships, organised by UEFA (Union of European Football Associations), and the matches of the Finnish team;

                     4.

                     The men’s Ice Hockey World Championships, organised by the International Ice Hockey Federation (IIHF);

                     5.

                     The Nordic World Ski Championships, organised by the International Ski Federation (FIS);

                     6.

                     The World Championships in Athletics, organised by the International Association of Athletics Federations (IAAF);

                     7.

                     The European Athletics Championships, organised by the European Athletics Association (EAA).

               The opening match, semi-finals and final of the Football World Cup, and the matches of the Finnish team, the opening match, semi-finals and final of the European Football Championships, and the matches of the Finnish team, the semi-finals and final of the men’s Ice Hockey World Championships, and the matches of the Finnish team, as referred to in subsection 1 above, must be broadcast wholly live.
         Other events referred to in subsection 1 may be broadcast wholly or partially live or deferred.
         Section 2
         This Decree enters into force on 1 March 2007.
         This Decree shall not apply to exclusive rights purchased before the entry into force of this Decree.

            Helsinki, 22 February 2007.

               Susanna HUOVINEN

                  Minister of Transport and Communications

               Ismo KOSONEN

                  Director of Unit’


title: 86/48/ECSC: Decision of the representatives of the governments of the Member States, meeting within the Council of 3 March 1986 extending Decision 80/1187/ECSC opening tariff preferences for products within the province of the ECSC Treaty and originating in the overseas countries and territories associated with the Community

text:
No L 63 / 184                              Official Journal of the European Communities                        5 . 3 . 86
              DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE
                                 MEMBER STATES, MEETING WITHIN THE COUNCIL
                                                           of 3 March 1986
              extending Decision 80 / 1187/ ECSC opening tariff preferences for products within the
              province of the ECSC Treaty and originating in the overseas countries and territories associated
                                                         with the Community
                                                            ( 86 / 48 / ECSC )
              THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE
              EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL ,
              Whereas the arrangements applicable under Decision 80 / 1187 / ECSC ( 1 ), as extended by
               Decision 85 / 160 / ECSC ( 2 ), should be kept in force until 30 June 1986 ,
               In agreement with the Commission ,
              HAVE DECIDED AS FOLLOWS :
                                                                Article 1
              In Article 6 of Decision 80 / 1187 / ECSC , '28 February 1986' shall be replaced by '30 June
               1986'.
                                                                Article 2
              This Decision shall take effect on the day of its publication in the Official Journal of the
              European Communities.
              It shall apply from 1 March 1986 .
              Done at Brussels , 3 March 1986 .
                                                                                The President
                                                                                W. F. van EEKELEN
              (») OJ No L 361 , 31 . 12 . 1980 , p . 111 .
              ( 2 ) OJ No L 61 , 1 . 3 . 1985 , p . 26 .


title: Council Decision of 4 June 2009 appointing one UK alternate member of the Committee of the Regions

text:
               11.6.2009

               EN

               Official Journal of the European Union

               C 132/3

      COUNCIL DECISION

   of 4 June 2009
   appointing one UK alternate member of the Committee of the Regions
   2009/C 132/03
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal of the Government of the United Kingdom,
   Whereas:

               (1)

               On 24 January 2006, the Council adopted Decision 2006/116/EC appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2006 to 25 January 2010 (1).

               (2)

               An alternate member's seat on the Committee of the Regions has become vacant following the appointment of Mr Robert BRIGHT as a member of the Committee of the Regions,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The following is hereby appointed to the Committee of the Regions as an alternate member for the remainder of the current term of office, which runs until 25 January 2010:
   Mr Chris HOLLEY, Councillor for City and Council of Swansea, Wales.
   Article 2
   This Decision shall take effect on the day of its adoption.

      Done at Luxembourg, 4 June 2009.

            For the Council

            The President

         Martin PECINA

      (1)  OJ L 56, 25.2.2006, p. 75.


Avis juridique important

|

41999D0425

1999/425/ECSC: Decision of the Representatives of the Governments of the Member States, meeting within the Council of 21 June 1999 on certain measures applicable with regard to Kazakhstan concerning trade in certain steel products covered by the ECSC Treaty

Official Journal L 164 , 30/06/1999 P. 0079 - 0080

DECISION OF THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES, MEETING WITHIN THE COUNCILof 21 June 1999on certain measures applicable with regard to Kazakhstan concerning trade in certain steel products covered by the ECSC Treaty(1999/425/ECSC)THE REPRESENTATIVES OF THE GOVERNMENTS OF THE MEMBER STATES OF THE EUROPEAN COAL AND STEEL COMMUNITY, MEETING WITHIN THE COUNCIL,In agreement with the Commission,HAVE DECIDED AS FOLLOWS:Article 1During the period from 1 July to 31 December 1999, imports into all the Member States of steel products covered by the ECSC Treaty referred to in Annex I originating in Kazakhstan shall be subject to licensing. Licences shall be issued only within the limits defined in Article 2. Steel products originating in Kazakhstan, covered by a valid import licence or licences issued pursuant to Decision 98/694/ECSC(1), and which had already been sent to the Community before the date of entry into force of this Decision, shall be admitted within the limits applicable for the period from 1 January to 30 June 1999.Article 2Quantities of authorised imports shall be determined, for each product group and for the whole of the Community, according to the quotas indicated in Annex II.The period of validity of the import licence is hereby fixed at four months. Unused or partially used import licences may be renewed for two months.Article 3Member States shall issue licences and inform the Commission thereof immediately. The Commission shall keep the Member States regularly informed of the extent to which the quantities have been used up.The Member States and the Commission shall confer in order to ensure that these quantities are not exceeded.Article 4Should an agreement between the European Coal and Steel Community and Kazakhstan on trade in certain steel products be concluded and enter into force during the period of application of this Decision, the provisions of that agreement together with any measures taken to give effect to it, shall, as from the date on which the agreement enters into force, replace the provisions of this Decision.Article 5This Decision shall enter into force on the day of its publication in the Official Journal of the European Communities.It shall apply from 1 July 1999.Done at Luxembourg, 21 June 1999.For the CouncilThe PresidentG. VERHEUGEN(1) OJ L 332, 8.12.1998, p. 7.ANNEX ISA. Flat-rolled productsSA1. Coils7208 10 007208 25 007208 26 007208 27 007208 36 007208 37 107208 37 907208 38 107208 38 907208 39 107208 39 907211 14 107211 19 207219 11 007219 12 107219 12 907219 13 107219 13 907219 14 107219 14 907225 20 207225 30 00SA2. Heavy plate7208 40 107208 51 107208 51 307208 51 507208 51 917208 51 997208 52 107208 52 917208 52 997208 53 107211 13 00SA3. Other flat-rolled products7208 40 907208 53 907208 54 107208 54 907208 90 107209 15 007209 16 107209 16 907209 17 107209 17 907209 18 107209 18 917209 18 997209 25 007209 26 107209 26 907209 27 107209 27 907209 28 107209 28 907209 90 107210 11 107210 12 117210 12 197210 20 107210 30 107210 41 107210 49 107210 50 107210 61 107210 69 107210 70 317210 70 397210 90 317210 90 337210 90 387211 14 907211 19 907211 23 107211 23 517211 29 207211 90 117212 10 107212 10 917212 20 117212 30 117212 40 107212 40 917212 50 317212 50 517212 60 117212 60 917219 21 107219 21 907219 22 107219 22 907219 23 007219 24 007219 31 007219 32 107219 32 907219 33 107219 33 907219 34 107219 34 907219 35 107219 35 907225 40 80ANNEX IIQUOTAS>TABLE>


title: 2014/103/CFSP: Political and Security Committee Decision EUFOR RCA/1/2014 of 19 February 2014 on the appointment of the EU Force Commander for the European Union military operation in the Central African Republic (EUFOR RCA)

text:
               22.2.2014

               EN

               Official Journal of the European Union

               L 54/18

      POLITICAL AND SECURITY COMMITTEE DECISION EUFOR RCA/1/2014
   of 19 February 2014
   on the appointment of the EU Force Commander for the European Union military operation in the Central African Republic (EUFOR RCA)
   (2014/103/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular Article 38 thereof,
   Having regard to Council Decision 2014/73/CFSP of 10 February 2014 on a European Union military operation in the Central African Republic (EUFOR RCA) (1), and in particular Article 5 thereof,
   Whereas:

               (1)

               Pursuant to Article 5 of Decision 2014/73/CFSP, the Council authorised the Political and Security Committee to take decisions on the appointment of the EU Force Commander for EUFOR RCA.

               (2)

               The EU Operation Commander has recommended the appointment of Brigadier General Thierry LION as the EU Force Commander for EUFOR RCA.

               (3)

               The EU Military Committee supports that recommendation.

               (4)

               In accordance with Article 5 of Protocol No 22 on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications,

         HAS ADOPTED THIS DECISION:
   Article 1
   Brigadier General Thierry LION is hereby appointed EU Force Commander for the European Union military operation in the Central African Republic (EUFOR RCA).
   Article 2
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 19 February 2014.

            For the Political and Security Committee

            The Chairperson

         W. STEVENS

      (1)  OJ L 40, 11.2.2014, p. 59.


title: Council Decision (EU) 2017/1912 of 9 October 2017 on the conclusion of the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs

text:
               24.10.2017

               EN

               Official Journal of the European Union

               L 274/1

         COUNCIL DECISION (EU) 2017/1912
   of 9 October 2017
   on the conclusion of the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs
   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 point (a)(v) of Article 218(6) and Article 218(7) thereof,
   Having regard to the proposal from the European Commission,
   Having regard to the consent of the European Parliament,
   Whereas:

               (1)

               In accordance with Council Decision (EU) 2016/2136 (1) the Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs (‘the Agreement’) was signed by the Commission on 23 March 2017, subject to its conclusion at a later date.

               (2)

               The Parties agree to promote between each other the harmonious development of geographical indications as defined in Article 22(1) of the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) (2) and to foster trade in agricultural products and foodstuffs with geographical indications originating in the Parties' territories.

               (3)

               Under the Agreement, although Iceland has not yet registered any protected geographical indications, geographical indications of Union agricultural products and foodstuffs will be protected in Iceland. The Agreement provides for a mechanism for updating the geographical indications list and for including new geographical indications at a later stage through a Joint Committee process.

               (4)

               Certain tasks for the implementation of the Agreement have been assigned to the Joint Committee set up pursuant to Article 10 of the Agreement, including the power to amend certain technical aspects of the Agreement and certain Annexes thereto. The procedure for establishing the Union's position in that Joint Committee on matters relating to the Agreement should be defined.

               (5)

               The Agreement should be approved,

         HAS ADOPTED THIS DECISION:
   Article 1
   The Agreement between the European Union and Iceland on the protection of geographical indications for agricultural products and foodstuffs is hereby approved on behalf of the Union.
   The text of the Agreement is attached to this Decision.
   Article 2
   The President of the Council shall, on behalf of the Union, give the notification provided for in Article 11 of the Agreement (3).
   Article 3
   The Commission shall represent the European Union in the Joint Committee set up pursuant to Article 10 of the Agreement (the ‘Joint Committee’).
   Amendments to the Agreement through decisions of the Joint Committee shall be approved by the Commission on behalf of the Union. If interested parties cannot reach agreement following objections to a geographical indication, the Commission shall adopt a position in accordance with the procedure laid down in Article 57(2) of Regulation (EU) No 1151/2012 of the European Parliament and of the Council (4).
   Article 4
   This Decision shall enter into force on the date of its adoption.

      Done at Luxembourg, 9 October 2017.

            For the Council

            The President

         S. KIISLER

      (1)  Council Decision (EU) 2016/2136 of 21 November 2016 on the signing, on behalf of the European Union, of the Agreement between the European Union and Iceland on the protection of geographical indications of agricultural products and foodstuffs (OJ L 332, 7.12.2016, p. 1).

      (2)  Annex 1C to the Marrakesh Agreement Establishing the World Trade Organization, signed in Marrakesh, Morocco on 15 April 1994.

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

      (4)  Regulation (EU) No 1151/2012 of the European Parliament and of the Council of 21 November 2012 on quality schemes for agricultural products and foodstuffs (OJ L 343, 14.12.2012, p. 1).


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31999D0875

1999/875/EC: Council Decision of 21 December 1999 on the provisional application of the Agreement between the European Community and the Former Yugoslav Republic of Macedonia on trade in textile products

Official Journal L 344 , 31/12/1999 P. 0001 - 0001

COUNCIL DECISIONof 21 December 1999on the provisional application of the Agreement between the European Community and the Former Yugoslav Republic of Macedonia on trade in textile products(1999/875/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133(2) thereof, in conjunction with Article 300(2), first sentence thereof,Having regard to the proposal from the Commission,Whereas:(1) The Commission has negotiated on behalf of the European Community an Agreement on trade in textile products with the Former Yugoslav Republic of Macedonia;(2) This Agreement should be applied on a provisional basis from 1 January 2000 pending the completion of the procedures for its conclusion, subject to reciprocal provisional application by the Former Yugoslav Republic of Macedonia,HAS DECIDED AS FOLLOWS:Sole ArticleThe Agreement between the European Community and the former Yugoslav Republic of Macedonia on trade in textile products shall be applied on a provisional basis from 1 January 2000 pending the completion of the procedures for its conclusion, subject to reciprocal provisional application by the Former Yugoslav Republic of Macedonia(1).The text of the Agreement is attached to this Decision.Done at Brussels, 21 December 1999.For the CouncilThe PresidentT. HALONEN(1) The date from which the agreement will apply on a provisional basis will be published in the Official Journal of the European Communities, C series.


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31988D0335

88/335/EEC: Decision of the European Parliament of 13 April 1988 granting a discharge to the Commission in respect of the financial management of the fifth European Development Fund during the 1986 financial year

Official Journal L 156 , 23/06/1988 P. 0050 - 0050

*****DECISION  OF THE EUROPEAN PARLIAMENT  of 13 April 1988  granting a discharge to the Commission in respect of the financial management of the fifth European Development Fund during the 1986 financial year  (88/335/EEC)  THE EUROPEAN PARLIAMENT,  - having regard to the Treaty establishing the European Economic Community,  - having regard to the second ACP-EEC Lomé Convention (1),  - having regard to the balance sheets and accounts of the third, fourth, fifth and sixth European Development Funds for the 1986 financial year (COM(87) 192 final),  - having regard to the report of the Court of Auditors concerning the 1986 financial year, accompanied by the replies of the Institutions (2),  - having regard to the Council recommendation relating to the granting of this discharge (Doc. C 2-7/88),  - whereas the Treaty of 22 July 1975 authorizes the European Parliament to grant a discharge in respect of the Community's financial activities,  - having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (Doc. A 2-6/88),  1. Grants a discharge to the Commission in respect of the financial management of the fifth European Development Fund during the 1986 financial year on the basis of the following figures:  1.2 // - revenue:   // 701 697 664,06 ECU,   // - payments:  // 617 856 558,63 ECU;  2. Records its observations in the resolution (3) accompanying this Decision;  3. Instructs its President to forward this Decision and the resolution containing its observations to the Commission, the Council, the Court of Auditors and the European Investment Bank and to ensure that they are published in the Official Journal of the European Communities (L series).  Done at Strasbourg, 13 April 1988.  1.2.3 // The Secretary-General Enrico VINCI   //   // The President PLUMB  (1) OJ No L 347, 22. 12. 1980, p. 1.  (2) OJ No C 336, 15. 12. 1987, p. 1.  (3) See page 52 of this Official Journal.


title: Council Decision (CFSP) 2017/667 of 6 April 2017 amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea

text:
               7.4.2017

               EN

               Official Journal of the European Union

               L 94/45

         COUNCIL DECISION (CFSP) 2017/667
   of 6 April 2017
   amending Decision (CFSP) 2016/849 concerning restrictive measures against the Democratic People's Republic of Korea
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to Council Decision (CFSP) 2016/849 of 27 May 2016 concerning restrictive measures against the Democratic People's Republic of Korea and repealing Decision 2013/183/CFSP (1), and in particular Article 33(2) thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 27 May 2016, the Council adopted Decision (CFSP) 2016/849.

               (2)

               In view of the continued proliferation activities carried out by the Democratic People's Republic of Korea (‘the DPRK’), four persons should be added to the list of persons and entities responsible for the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes or persons or entities acting on their behalf or at their direction set out in Annex II to Decision (CFSP) 2016/849.

               (3)

               Decision (CFSP) 2016/849 should therefore be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   Annex II to Decision (CFSP) 2016/849 is amended as set out in the Annex to this Decision.
   Article 2
   This Decision shall enter into force on the date of its publication in the Official Journal of the European Union.

      Done at Brussels, 6 April 2017.

            For the Council

            The President

         L. GRECH

      (1)  OJ L 141, 28.5.2016, p. 79.

      ANNEX
      The following persons are added to the list of persons set out in section I.A of Annex II to Decision (CFSP) 2016/849:
      I.   Persons and entities responsible for the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes or persons or entities acting on their behalf or at their direction, or entities owned or controlled by them.
      A.   Persons

                  Name

                  Alias

                  Date of birth

                  Date of designation

                  Statement of reasons

                  31

                  RI Myong Su

                  DOB: 1937
                  POB: Myongchon, North Hamgyong

                  7.4.2017

                  Vice–President of the Central Military Commission of the Korean Workers' Party and Chief of Staff of the People's Armed Forces. In this capacity, Ri Myong Su holds a key position for national defence matters and is responsible for supporting or promoting the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes.

                  32

                  SO Hong Chan

                  DOB: 30.12.1957
                  POB: Kangwon,
                  Passport: PD836410105
                  Passport date of expiration: 27.11.2021

                  7.4.2017

                  First Vice-Minister of the People's Armed forces, member of the Central Military Commission of the Korean Workers' Party and Colonel-General in the People's Armed Forces. In this capacity, So Hong Chan is responsible for supporting or promoting the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes.

                  33

                  WANG Chang Uk

                  DOB: 29.05.1960

                  7.4.2017

                  Minister for Industry and Atomic Energy. In this capacity, Wang Chang Uk is responsible for supporting or promoting the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes.

                  34

                  JANG Chol

                  DOB: 31.03.1961
                  POB: Pyongyang,
                  Passport number: 563310042

                  7.4.2017

                  President of the State Academy of Sciences, an organisation dedicated to the development of technological and scientific capacities of the DPRK. In this capacity, Jang Chol holds a strategic position for the development of DPRK nuclear activities and is responsible for supporting or promoting the DPRK's nuclear-related, ballistic-missile-related or other weapons of mass destruction-related programmes.


title: 2005/509/EC: Council Decision of 12 July 2005 appointing a German alternate member of the Committee of the Regions

text:
               16.7.2005

               EN

               Official Journal of the European Union

               L 185/32

      COUNCIL DECISION

   of 12 July 2005
   appointing a German alternate member of the Committee of the Regions
   (2005/509/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 263 thereof,
   Having regard to the proposal from the German Government,
   Whereas:

               (1)

               On 22 January 2002 the Council adopted Decision 2002/60/EC appointing the members and alternate members of the Committee of the Regions for the period 26 January 2002 to 25 January 2006 (1).

               (2)

               A seat as an alternate member of the Committee of the Regions has become vacant following the expiry of the mandate of Ms Barbara BRÜNING, of which the Council was informed on 19 April 2005,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Mr. Stefan KRAXNER, Mitglied der Hamburgischen Bürgerschaft (Member of the Hamburg Parliament), is hereby appointed an alternate member of the Committee of the Regions in place of Ms Barbara BRÜNING for the remainder of her term of office, which runs until 25 January 2006.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.
   It shall take effect on the date of its adoption.

      Done at Brussels, 12 July 2005.

            For the Council

            The President

         G. BROWN

      (1)  OJ L 24, 26.1.2002, p. 38.


title: 2008/311/EC,Euratom: Council Decision of 14 April 2008 appointing an Irish member to the European Economic and Social Committee

text:
               17.4.2008

               EN

               Official Journal of the European Union

               L 107/31

      COUNCIL DECISION

   of 14 April 2008
   appointing an Irish member to the European Economic and Social Committee
   (2008/311/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 Council Decision 2006/651/EC, Euratom (1),
   Having regard to the proposal submitted by the Irish Government,
   Having regard to the opinion of the Commission,
   Whereas a member’s seat on the European Economic and Social Committee has fallen vacant following the resignation of Mr Arthur FORBES,
   HAS DECIDED AS FOLLOWS:
   Article 1
   Ms Heidi LOUGHEED, Head of IBEC Europe, is hereby appointed 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 date of its adoption.

      Done at Luxembourg, 14 April 2008.

            For the Council

            The President

         I. JARC

      (1)  OJ L 269, 28.9.2006, p. 13. Decision as amended by Decision 2007/622/EC, Euratom (OJ L 253, 28.9.2007, p. 39).


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31993D0488

93/488/Euratom, ECSC, EEC: Commission Decision of 4 August 1993 adjusting the weightings applicable from 1 October 1992 to the renumeration of officials of the European Communities serving in countries outside the Community

Official Journal L 228 , 09/09/1993 P. 0043 - 0044

COMMISSION DECISION of 4 August 1993 adjusting the weightings applicable from 1 October 1992 to the renumeration of officials of the European Communities serving in countries outside the Community(93/488/Euratom, ECSC, EEC)THE COMMISSION  OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing a Single Council and a Single Commission of the European Communities,  Having regard to the Staff Regulations of the Officials of the European Communities laid down by Regulation (EEC, Euratom, ECSC) No 259/68 (1), as last amended by Regulation (EEC, Euratom, ECSC) No 3761/92 (2), and in particular the second paragraph of  Article 13 of Annex X thereto,  Whereas pursuant to the first paragraph of Article 13 of Annex X to the Staff Regulations Council Regulation (Euratom, ECSC, EEC) No 1419/93 (3) laid down the weightings to be applied from 1 July 1992 to the remuneration of officials serving in  countries outside the Community payable in the currency of their country of employment;  Whereas the Commission has made a number of adjustments to these weightings in recent months, pursuant to the second paragraph of Article 13 of Annex X to the Staff Regulations (4);  Whereas, some of these weightings should be adjusted with effect from 1 October 1992 given that the statistics available to the Commission show that in certain countries outside the Community the variation in the cost of living measured on the basis of  the weigthing and the corresponding exchange rate has exceeded 5 % since weightings were last laid down,  DECIDES:   Sole Article  With effect from 1 October 1992 the weightings applicable to the remuneration of officials serving in countries outside the Community payable in the currency of their country of employment are adjusted as shown in the Annex.  The exchange rates for the payment of such remuneration shall be those used for implementation of the budget of the European Communities during the month preceding the date on which this Decision takes effect.  Done at Brussels, 4 August 1993.  For the Commission René STEICHEN Member of the Commission  (1) OJ No L 56, 4. 3. 1968, p. 1.  (2) OJ No L 383, 29. 12. 1992, p. 1.  (3) OJ No L 140, 11. 6. 1993, p. 1.  (4) OJ No L 131, 28. 5. 1993. pp. 53 to 62.      ANNEX    /* Tables: see OJ */