title: 2014/792/EU: Commission Decision of 13 November 2014 on the Early Warning System to be used by authorising officers of the Commission and by the executive agencies

text:
               14.11.2014

               EN

               Official Journal of the European Union

               L 329/68

         COMMISSION DECISION
   of 13 November 2014
   on the Early Warning System to be used by authorising officers of the Commission and by the executive agencies

      (2014/792/EU)

   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to the Treaty establishing the European Atomic Energy Community,
   Having regard to Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (1), and in particular Article 56(1) thereof,
   Having regard to Council Regulation (EC) No 215/2008 of 18 February 2008 on the Financial Regulation applicable to the 10th European Development Fund (2), and in particular Article 17 thereof,
   Having regard to Regulation (EU, Euratom) No 883/2013 of European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 (3), and in particular Article 7(6) and Article 11 thereof,
   Whereas:

               (1)

               The Commission, which is responsible for executing the general budget of the European Union and any other funds managed by the Union with due regard to the principle of sound financial management set out in Articles 30 to 33 of Regulation (EU, Euratom) No 966/2012, is under an obligation to counter fraud and any other illegal activities affecting the financial interests of the Union. In order to ensure that the authorising officers of the Commission and of the executive agencies are fully informed of threats to the Union's financial interest, it is necessary to lay down internal rules in addition to Commission Decision C(2014) 2784 (4).

               (2)

               In order to counter fraud and protect the financial interest of the Union, the Commission uses the Central Exclusion Database (CED) referred to in Article 108 of Regulation (EU, Euratom) No 966/2012 and Commission Regulation (EC, Euratom) No 1302/2008 of 17 December 2008 on the central exclusion database (5) and the Early Warning System (EWS) of Decision 2008/969/EC, Euratom of 16 December 2008 on the Early Warning System for the use of authorising officers of the Commission and the executive agencies (6). Pending the adoption by the legislative authority of the proposal on the amendment to the Financial Regulation (7), it is necessary to ensure that the EWS remains efficient.

               (3)

               In the interim period, the purpose of the EWS should remain the same in substance. It should ensure, within the Commission and its executive agencies, the circulation of restricted information by means of registration of warnings in the EWS concerning persons who could represent a threat to the Union's financial interests and reputation or to any other fund managed by the Union.

               (4)

               Given that the Directors of executive agencies have the status of authorising officer by delegation of the Commission for the implementation of operational appropriations, they should have access to the EWS in the same manner as Commission services for the management of the administrative and operational appropriations.

               (5)

               Given that the Heads of Union Delegations acting as Commission authorising officers by subdelegation in accordance with Article 56(2) of Regulation (EU, Euratom) No 966/2012 have the status of authorising officer by delegation of the Commission for the implementation of operational appropriations, they should have access to the EWS in the same manner as Commission services for the management of the administrative and operational appropriations.

               (6)

               The European Anti-Fraud Office (OLAF) has the obligation under Article 7(6) of Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by the European Anti-Fraud Office (OLAF) and repealing Regulation (EC) No 1073/1999 of the European Parliament and of the Council and Council Regulation (Euratom) No 1074/1999 to provide information to the Commission services concerned without delay concerning investigations in progress where they show that it might be appropriate to take precautionary administrative measures to protect the Union's financial interests. It has also the obligation under Article 11 of Regulation (EU, Euratom) No 883/2013 to draw up a report on completion of an investigation and to make recommendations which indicate, where appropriate, any action to be taken, in particular by the institutions. In order to enable the authorising officer responsible to request a warning, it is necessary to lay down which information OLAF is to submit to the Commission.

               (7)

               OLAF should have access to the EWS for pursuing its regulatory investigation tasks and its intelligence and fraud prevention activities exercised under Regulation (EU, Euratom) No 883/2013.

               (8)

               For reasons of simplification, the functioning of the EWS should be simplified, the number of warning categories should be reduced, their scope clarified and the name of warnings should be self-explanatory.

               (9)

               Verification warnings based on the information transmitted by OLAF should be proposed by the Authorising officer responsible after consultation of the Directorate-General for Budget and the Legal Service, in close cooperation with OLAF.

               (10)

               Exclusion warnings should be proposed by the Authorising officer responsible to the Commission and should be assessed in a centralised manner by the Directorate-General for Budget and the Legal Service where appropriate. When these exclusion warnings are proposed on the basis of information transmitted by OLAF, they should be assessed in close cooperation with OLAF. The same procedure should apply when the authorising officer responsible envisages taking any act that might adversely affect the rights of the person concerned.

               (11)

               The Authorising officer responsible should decide on consequences needed to protect the Union's financial interest, in close cooperation with OLAF and should inform OLAF of this decision.

               (12)

               The authorising officer responsible should be responsible for requesting entry, modification or removal or renewal of warnings. In order to preserve an adequate level of control, such requests should be made at the hierarchical level set out in the Commission Decision C(2014) 2784.

               (13)

               The accounting officer should ensure the appropriate technical arrangements for an effective application of the EWS through the central accounting system of the Commission.

               (14)

               Detailed information on the recovery orders and attachment orders will be made available to all Commission services and executives agencies via the central accounting system of the Commission. The warnings W3a (attachment order) and W4 (recovery order) foreseen under Decision 2008/969/EC, Euratom should be discontinued. This sole information does not systematically justify a warning. It requires an analysis of all the specific circumstances of the case by the authorising officer responsible in order to decide whether a warning is necessary or not.

               (15)

               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 (8) provides that the processing of personal data by the Commission must respect the lawful processing requirements and the requirements relating to the transfer of data laid down therein, and that such processing is subject to prior checking by the European Data Protection Supervisor following notification by the Commission Data Protection Officer.

               (16)

               Data protection provisions should lay down the rights of the persons whose data is or could be introduced in the EWS.

               (17)

               Certain data protection rights are subject to exceptions laid down in Article 20 of Regulation (EC) No 45/2001, which have to be analysed on a case by case basis and applied temporarily. The service responsible for requesting entry, modification, including rectification or removal of relevant information should decide on the applications of these exceptions.

               (18)

               The person subject to a possible exclusion warning should be given the opportunity to express its views in writing before the request of registration of the warning relating to that person in the EWS is made. The same opportunity should be given when the authorising officer responsible envisages taking any act that might adversely affect the rights of the person concerned.

               (19)

               This opportunity should be exceptionally deferred to preserve the confidentiality of the investigation or of the national legal proceedings if there are compelling legitimate grounds.

               (20)

               Decision 2008/969/EC, Euratom should continue to apply until 1 July 2015 in so far as it is necessary to ensure the respect of the Council regulations on restrictive measures, taken on the basis of Article 215 of the Treaty on the Functioning of the European Union (TFEU), until the accrual based accounting (ABAC) system takes into account the information contained in the relevant database of the service responsible for Foreign Policy Instruments. This takes the form of the registration of a W5b warning referred to in Decision 2008/969//EC, Euratom.

               (21)

               Decision 2008/969/EC, Euratom should continue to apply to W3a and W4 warnings until 1 July 2015, which should be until then assimilated to verification warnings for the application of Section 4 of this Decision.

               (22)

               Implementation of this decision requires regular assessment of the functioning of the EWS and its effective contribution to the protection of the Union's financial interests.

         HAS DECIDED AS FOLLOWS:
   SECTION 1

      GENERAL PROVISIONS

   Article 1
   Subject matter, scope and aim
   1.   This decision establishes the Early Warning System (the ‘EWS’) to be used by authorising officers of the Commission and of the executive agencies when they implement the general budget of the European Union and any other fund managed by the Union.
   2.   The EWS contributes to the protection of the Union's financial interests and the safeguard of the Union's image, the fight against fraud and the sound financial management.
   3.   The aim of the EWS is to:

               (a)

               inform by means of registration of warnings the authorising officers responsible of the Commission and of the executive agencies that a person could represent a threat to the Union's financial interests and image or to any other fund managed by the Union; and

               (b)

               enable the authorising officer responsible to make verifications or take appropriate measures, including those referred to in Section 4 on the basis of warnings.

         4.   The information contributes to ensure:

               (a)

               the prevention of risks by means of verification on the basis of early information on a person for suspicion of or findings related to any of the following acts:

                           —

                           substantial error or irregularity;

                           —

                           professional misconduct;

                           —

                           serious breach of contract; or

                           —

                           fraud, corruption or any illegal activity detrimental to the Union's financial interests as referred to in Article 141 of Delegated Regulation (EU) No 1268/2012 (9);

               (b)

               The exclusion of a person under Articles 106(1) and 109(1) of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council of 25 October 2012 on the financial rules applicable to the general budget of the Union and repealing Council Regulation (EC, Euratom) No 1605/2002 (the ‘FR’).

         Article 2
   Definitions
   For the purposes of this decision, the following definitions shall apply:

               (a)

               ‘the accounting officer’ means the accounting officer of the Commission or the subordinate member of staff to whom the accounting officer has delegated certain tasks pursuant to Article 69 of Regulation (EU, Euratom) No 966/2012;

               (b)

               ‘the authorising officer responsible’ means the authorising officer by delegation of the Commission within the meaning of Article 65 of Regulation (EU, Euratom) No 966/2012 responsible in accordance with the internal rules for the implementation of the general budget of the European Union (‘the budget’), including directors of executive agencies, authorising officers by subdelegation within the meaning of Article 65 of that Regulation exercising the function of director, and the Heads of Union Delegations acting as Commission authorising officers by subdelegation in accordance with Article 56(2) of that Regulation;

               (c)

               ‘data subject’ means an identifiable person as referred to in 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;

               (d)

               ‘findings’ means established facts discovered during the implementation of a legal commitment, or recorded in the context of audits or investigations carried out by the Court of Auditors, the Anti-Fraud Office (OLAF), the Internal Audit Service (IAS) or any other audit or control made under the responsibility of the authorising officer responsible;

               (e)

               ‘legal commitment’ means a commitment entered into by the Commission under Titles V to VIII of Part 1, and Part 2 of Regulation (EU, Euratom) No 966/2012;

               (f)

               ‘person’ means any natural person or any legal person or any association without legal personality as listed below:

                           —

                           a recipient as defined in Article 2(i) of Regulation (EU, Euratom) No 966/2012,

                           —

                           a candidate or a tenderer,

                           —

                           a grant applicant,

                           —

                           a participant in a prize contest,

                           —

                           a remunerated external expert under Article 204 of Regulation (EU, Euratom) No 966/2012,

                           —

                           a person with powers of representation, decision-making or control over another legal person referred to in Article 106(1)(b) and (e) of Regulation (EU, Euratom) No 966/2012;

               (g)

               ‘professional misconduct’ means violation of laws or regulations or of ethical standards of the profession to which the person belongs, as well as any wrongful conduct which has an impact on its professional credibility;

               (h)

               ‘Subcontractor’ means an economic operator who is proposed by a candidate or tenderer or contractor to perform part of a contract, while the contracting authority has no direct legal commitment with it;

               (i)

               ‘substantial error or irregularity’ means a substantial error or irregularity as defined in Article 166(2) of Delegated Regulation (EU) No 1268/2012;

               (j)

               ‘warning contact person’ means the person within the service responsible for the request who is in charge of the warning file until its removal.

         Article 3
   Functioning of the EWS
   1.   The accounting officer shall ensure appropriate technical arrangements for an effective functioning of the EWS and its monitoring.
   The accounting officer shall enter, modify, renew or remove EWS warnings requested by the authorising officer responsible.
   2.   The accounting officer shall adopt implementing measures concerning technical aspects and define associated procedures, including in the field of security.
   The accounting officer shall notify those measures to the Commission services and the executive agencies.
   Article 4
   Power and procedure to request, modify, renew or remove a warning
   1.   Only the authorising officer responsible may request registration, modification, renewal or removal of warning.
   2.   The authorising officer responsible shall address the request for registration, modification, renewal or removal of warnings to the accounting officer. The authorising officer responsible shall use the form set out in the Annex of this Decision.
   3.   The warning contact person referred to in Article 8 verifies that the requirements of Article 11 or 12 are fulfilled before transmitting the request to the accounting officer.
   Article 5
   Access to the EWS
   The Commission services and executive agencies shall have direct access to the information contained in the EWS via the central accounting system of the Commission.
   The Commission services or executive agencies responsible for a local system may use that central accounting system to access the information stored in the EWS, if data-consistency between the local system and the central accounting system is guaranteed.
   Article 6
   The use of the EWS
   Information stored in the EWS may be used only for the purpose of the implementation of the budget or of any other fund managed by the Union. This shall not affect the information contained in the central exclusion database (hereinafter ‘CED’) referred to in Article 1(2) and (3) of Regulation (EC, Euratom) No 1302/2008 (10).
   OLAF may use the information contained in the EWS and the CED for its investigations pursuant to Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council of 11 September 2013 concerning investigations conducted by OLAF and repealing Regulation (EC) No 1073/1999 (‘OLAF Regulation’), and for fraud prevention activities, including risk analysis.
   Article 7
   Timing of the consultation of the EWS
   The authorising officer responsible shall verify if there is a warning in the EWS concerning a person at the following stages:

               (a)

               before an individual budgetary commitment is entered;

               (b)

               before a global budgetary commitment is entered if the person is known at that stage;

               (c)

               in the case of provisional budgetary commitments, before concluding the legal commitment giving rise to an entitlement to subsequent payments unless it concerns payment of staff and the reimbursement of travel expenditure related to participation in meetings and competitions;

               (d)

               in the case of procurement or grant award procedures, prize contests and calls for expression of interests, at the latest before the award decision;

               (e)

               in the case of procurement, if the contracting authority limits the number of candidates invited to submit a tender, before the selection of candidates has been completed;

               (f)

               before any payment unless it concerns payment of staff and the reimbursement of travel expenditure related to participation in meetings and competitions.

         Article 8
   Warning contact person
   The warning contact person shall:

               (a)

               prepare the request for registration of a warning;

               (b)

               transmit the request and any other information related to the warning to the accounting officer;

               (c)

               provide the information allowing other authorising officers responsible to make verifications or decide on the consequences referred to in Section 4.

         SECTION 2

      INFORMATION ENTERED IN THE EWS

   Article 9
   Categories of warnings
   1.   EWS warnings shall be divided into the following two categories:

               (a)

               ‘verification warnings’, where a person is suspected or subject to findings of fraud, corruption or any illegal activities affecting the Union's financial interests as referred to in Article 141 of Delegated Regulation (EU) No 1268/2012, of substantial errors or irregularity, of professional misconduct or of serious breach of contract;

               (b)

               ‘exclusion warnings’, where a person is excluded in accordance with the grounds of exclusion provided for in Articles 106(1) and 109(1) of Regulation (EU, Euratom) No 966/2012.

         2.   A person may be subject to distinct warnings registered for different grounds.
   Article 10
   Information contained in the EWS warnings
   EWS warnings shall contain the following information:

               (a)

               the identification of the person;

               (b)

               the type of warning;

               (c)

               the duration of the warning;

               (d)

               the grounds for which a person represents a threat to the Union's financial interests and image or to any other fund managed by the Union;

               (e)

               the information related to the contradictory procedure;

               (f)

               the name of the authorising officer responsible;

               (g)

               the name of the warning contact person referred to in Article 8 of this Decision.

         Article 11
   Verification warnings
   1.   The authorising officer responsible may request a verification warning where either of the following conditions is fulfilled:

               (a)

               OLAF has informed the authorising officer responsible in accordance with Regulation (EU, Euratom) No 883/2013, where its investigations show that it might be appropriate to take measures to protect the financial interests of the Union;

               (b)

               the European Court of Auditors has transmitted information to the Commission or the IAS has transmitted information to the authorising officer responsible indicating fraud, corruption or any other illegal activity affecting the Union's financial interests as referred to in Article 141 of Delegated Regulation (EU) No 1268/2012, or substantial errors or irregularity, or professional misconduct or of serious breach of contract in relation to a person;

               (c)

               the authorising officer responsible has carried out a check, an audit or a control indicating fraud, corruption, any other illegal activity affecting the Union's financial interests as referred to in Article 141 of Delegated Regulation (EU) No 1268/2012, substantial errors, irregularity or professional misconduct or of serious breach of contract in relation to a person or has received information on such a check, audit or control.

         2.   A verification warning shall have a maximum duration of one year. It shall be removed when an exclusion warning is requested, or when there is no longer a need for verification.
   3.   At the end of the period referred to in paragraph 2, the verification warning shall be automatically removed.
   4.   The authorising officer responsible may request renewal of the verification warning where OLAF informs it that the conclusions on investigations referred to in paragraph 1 have not yet been drawn up but that the investigations justify maintaining the verification warning. The authorising officer responsible may also request renewal of the verification warning where the conditions set out under paragraph 1 (b) and (c) are still fulfilled.
   5.   The authorising officer responsible shall provide the reasons why the renewal is necessary for the protection of the Union's financial interests and image.
   6.   A renewal shall be regarded as a new request for a verification warning.
   Article 12
   Exclusion warnings
   1.   The authorising officer responsible shall request an exclusion warning for the cases referred to in Article 106(1) or 109(1) of Regulation (EU, Euratom) No 966/2012.
   2.   An exclusion warning shall be removed at the end of the exclusion period.
   3.   An exclusion warning shall be automatically entered in the CED from the EWS.
   Article 13
   Information transmitted by OLAF
   When OLAF transmits information in accordance with Article 7(6) of Regulation (EU, Euratom) No 883/2013 in order to assist the authorising officer responsible in deciding to take precautionary measures for protecting the financial interests of the European Union or in accordance with Article 11 of Regulation (EU, Euratom) No 883/2013, this information shall include:

               (a)

               the identity of the person concerned;

               (b)

               a summary of the facts in question and of the risks identified by the investigation. The summary shall be sufficient to allow the person to be effectively heard under Article 16 of this Decision;

               (c)

               any special measures of confidentiality recommended, in particular in cases entailing the use of investigative measures falling within the competence of a national judicial authority or, in the case of an external investigation, within the competence of a national authority in accordance with the national rules applicable to investigations.

         SECTION 3

      PROCEDURAL PROVISIONS FOR REGISTRATION OF A WARNING

   Article 14
   Prior consultation of central services for verification warnings
   Before deciding to request registration of a verification warning on the basis of the information transmitted by OLAF in accordance with Article 7(6) and Article 11 of Regulation (EU, Euratom) No 883/2013, the authorising officer responsible shall consult the Directorate-General for Budget (central financial service) and, where appropriate, the Legal Service, in close cooperation with OLAF in line with Regulation (EU, Euratom) No 883/2013.
   Article 15
   Assessment of exclusion warnings by central services
   Before requesting an exclusion warning for the cases referred to in Article 106(1)(b), (c) and (e) and Article 109(1) proposed by the authorising officer responsible and its appropriate duration a centralised assessment by the Directorate-General for Budget and the Legal Service shall be carried out. Where the exclusion warning proposed by the authorising officer responsible is based on information transmitted by OLAF, this assessment shall be made in close cooperation with OLAF.
   Article 16
   Right to be heard
   1.   Registration of warnings is subject to the following rules:

               (a)

               Whenever the authorising officer responsible envisages requesting registration of an exclusion warning or envisages taking any act that might adversely affect the rights of the person concerned, he/she shall first give the person concerned the opportunity to express his/her views in writing. The authorising officer responsible shall give the person at least 14 calendar days to do so. At the same time, the authorising officer responsible shall inform the person that, failing a response, the warning will be registered.
               Where appropriate, the authorising officer responsible shall give to the person the opportunity to express his/views on the basis of the information supplied by the OLAF.

               (b)

               If the person submits comments that do not change the assessment of the authorising officer responsible, the latter will request the accounting officer to activate the warning.
               If the person submits comments that, in the view of the authorising officer responsible, render a warning disproportionate or unnecessary, the warning will not be activated and the person will be notified accordingly.
               The accounting officer will confirm the registration of the warning in the EWS to the authorising officer responsible, as appropriate.

               (c)

               The authorising officer responsible will notify the person of the activation of the warning and of its duration. However, the notification is not necessary if the person has not replied to the invitation to submit its comments in writing.

         2.   The authorising officer responsible may request registration of an exclusion warning for the cases referred to in Article 106(1)(e) of Regulation (EU, Euratom) No 966/2012 pending the decision on the duration of the exclusion, already before having given the person the opportunity to express his/her views. The authorising officer responsible shall give the person the opportunity to present his/her views on the duration of the exclusion.
   3.   The authorising officer responsible may request registration of an exclusion warning for the situations referred to in Article 106(1)(a) of Regulation (EU, Euratom) No 966/2012 already before having given the person the opportunity to express his/her views if he/she has an official document establishing the situation. The authorising officer responsible shall notify the person of the registration of the exclusion warning.
   4.   The authorising officer responsible may exceptionally defer the opportunity given to the person to express his/her views in writing before the request for registration of an exclusion warning or before taking any act that might adversely affect the rights of the person concerned, provided that there are compelling legitimate grounds to preserve the confidentiality of the investigation or of the national legal proceedings while still proceeding with the registration of the warning.
   5.   When OLAF informs the authorising officer responsible in accordance with Article 13, it shall indicate if the confidentiality of the investigation or of a national judicial proceeding needs to be preserved and if the opportunity given to the person to express his/her views needs to be deferred.
   6.   The person shall be given the opportunity to express his/her views as soon as the grounds for protecting an investigation or national legal proceedings have ceased to exist.
   Article 17
   Data protection and rights of data subjects
   1.   The authorising officer responsible shall inform the data subjects that data concerning them may be included in the EWS and to whom the data may be communicated. This general information shall be communicated in writing, in particular, in the calls for tender, calls for proposals, prize contests and in the absence of calls before awarding contracts or grants.
   2.   The authorising officer responsible who requests the registration of a warning shall be responsible for the relations with the person whose data are introduced into the EWS. He/she shall respond to requests from a person concerned to rectify inaccurate or incomplete personal data and to any other requests or questions from this person.
   3.   A person may also request in writing information from the accounting officer on whether he/she is registered in the EWS.
   The accounting officer shall provide this information unless the authorising officer responsible, in agreement with OLAF where appropriate decides that restrictions of Article 20(1) of Regulation (EC) No 45/2001 apply.
   4.   Removed warnings shall be accessible for audit and investigation purposes only and shall not be visible for the users of the EWS.
   However, personal data contained in warnings referring to natural persons shall remain accessible for such purposes only for five years after the removal of the warning.
   Article 18
   Review of the warning
   If the person for whom a warning is registered in the EWS provides new elements demonstrating that the grounds for registration do no longer exist, the authorising officer responsible shall request the removal of the warning.
   The person for whom an exclusion warning is registered in the EWS may complain to the Ombudsman and seek judicial review.
   SECTION 4

      CONSEQUENCES OF THE WARNINGS

   Article 19
   General rules governing the consequences
   1.   The authorising officer responsible shall ask any relevant information from the warning contact person to be able to decide on the consequences set out in this Section.
   2.   Where on the basis of information provided by OLAF the authorising officer responsible requests the registration of a verification warning under Article 11, the authorising officer responsible shall follow the procedure set out in Article 14 or 15 of this Decision and decide on the consequences in close cooperation with OLAF in line with Regulation (EU, Euratom) No 883/2013.
   3.   When deciding on the consequences, the authorising officer responsible shall take into account the following criteria for all warnings:

               (a)

               the risks to the Union's financial interests and image;

               (b)

               the amount and duration of the legal commitment;

               (c)

               the urgency in the implementation of the legal commitment;

               (d)

               the nature of the facts;

               (e)

               the seriousness of the facts; and

               (f)

               the possible consequences on the implementation of the legal commitment.

         For exclusion warnings, the authorising officer responsible shall also take into account the nature and seriousness of the grounds for exclusion and the necessity of the continuity of the service.
   4.   The authorising officer responsible shall, in any case, justify his/her decision on the consequences in writing.
   Article 20
   Consequence of verifications warnings
   1.   In case of procurement or grant award procedures or contests for prizes, verification referred may be the following:

               (a)

               the authorising officer responsible may request additional supporting documents as set out in the procurement or grant award procedure or contest for prizes;

               (b)

               for grant award procedure, an analysis of the risk related to pre-financing.

         2.   In case of a legal commitment, verification referred may be the following:

               (a)

               verification that the action is compliant with the legal commitment, including the respect of deadlines and content of deliverables;

               (b)

               for existing grants, verification of the eligibility of costs before payment or the performance of an audit or of on the spot checks.

         Article 21
   Right to be heard after a verification warning
   The procedure set out under Article 15 of this Decision and the right to be heard set out under Article 16 of this Decision shall also apply when an authorising officer responsible following a verification warning envisages taking any act that might adversely affect the rights of the person concerned.
   Article 22
   Consequences of exclusion warnings on procedures and legal commitments
   1.   In case of procurement or grant award procedures or contests for prizes, the authorising officer responsible shall exclude a person subject to an exclusion warning from participating in procurement or grant award procedures, unless the conditions set out in Article 106(2) of Regulation (EU, Euratom) No 966/2012 are fulfilled, when the person is in a monopoly situation.
   2.   In case of existing legal commitments, the authorising officer responsible shall decide on the consequences, including any of the following:

               (a)

               to proceed with the implementation of the contract or grant and make any appropriate verifications;

               (b)

               to suspend the time limit for payments in accordance with Article 92(2) of Regulation (EU, Euratom) No 966/2012;

               (c)

               to suspend payments in accordance with Article 208 of Delegated Regulation (EU) No 1268/2012;

               (d)

               to suspend implementation of the contract or grant in accordance with Article 116 and Article 135(5) of Regulation (EU, Euratom) No 966/2012;

               (e)

               to terminate the legal commitment if the provision of the legal commitment foresees the termination on the basis of the information for which the warning was registered.

         3.   If the person is a subcontractor, the authorising officer responsible shall require the tenderer or candidate or the contractor to substitute the subcontractor.
   Article 23
   Consequences of exclusion warnings on budget transactions
   1.   In case of an exclusion warning, where appropriate, the authorising officer responsible shall confirm in the accounting system that the payment should be made despite the existence of the warning.
   2.   Where an exclusion warning is registered, no individual budgetary commitment, no registration of an individual legal commitment in the budgetary accounts based on a global commitment and no conclusion of a legal commitment based on a provisional commitment shall be made, except where the person is in a monopoly situation under the conditions laid down in Article 106(2) of Regulation (EU, Euratom) No 966/2012.
   SECTION 5

      FINAL PROVISIONS

   Article 24
   Repeal
   Decision 2008/969/EC, Euratom on the Early Warning System for the use of authorising officers of the Commission and the executive agencies is repealed.
   Article 25
   Transitional provisions
   1.   Exclusion warnings registered under Decision 2008/969/EC, Euratom shall remain active until the end of their duration in accordance with that decision.
   2.   W1, W2 and W3b warnings registered under Decision 2008/969/EC, Euratom shall be regarded as verification warnings under this Decision.
   3.   W3a and W4 warnings shall continue to be registered until 1 July 2015 under the conditions set out in Decision 2008/969/EC, Euratom. For the application of Section 4 of this Decision, warnings W3a and W4 shall be regarded as verification warnings under this Decision. Decision 2008/969/EC, Euratom shall continue to apply to warnings W5b until 1 July 2015.
   Article 26
   Publication
   This Decision shall be published in the Official Journal of the European Union.

      Done at Brussels, 13 November 2014.

            For the Commission

         Kristalina GEORGIEVA

            Vice-President

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

      (2)  OJ L 78, 19.3.2008, p. 1.

      (3)  OJ L 248, 18.9.2013, p. 1.

      (4)  Commission Decision C(2014) 2784 of 30 April 2014 on the Internal Rules on the implementation of the general budget of the European Union (European Commission section) for the attention of the Commission departments.

      (5)  OJ L 344, 20.12.2008, p. 12.

      (6)  OJ L 344, 20.12.2008, p. 125.

      (7)  COM(2014) 358 of 18.6.2014.

      (8)  OJ L 8, 12.1.2001, p. 1.

      (9)  Commission Delegated Regulation (EU) No 1268/2012 of 29 October 2012 on the rules of application of Regulation (EU, Euratom) No 966/2012 of the European Parliament and of the Council on the financial rules applicable to the general budget of the Union (OJ L 362, 31.12.2012, p. 1).

      (10)  Commission Regulation (EC, Euratom) No 1302/2008 of 17 December 2008 on the central exclusion database (OJ L 344, 20.12.2008, p. 12).

      ANNEX

         STANDARD FORM

         Request by Authorising officer responsible for data entry into the Early Warning System (EWS) or the central exclusion database (CED), its modification or removal, to address to the accounting officer

         NB: one request per warning

      Subject: Request for the [registration/removal/modification] of a warning in the [EWS/CED]
      Name of the official:
      Name of the warning contact person:
      Request for

                  ☐

                  registration of a warning

                  ☐

                  removal of the warning (1) whose introduction was requested by note Ares [xx], dated:

                  ☐

                  modification of the warning (2) (including renewal of an existing registration) whose introduction was requested by note Ares [xx], dated:

            concerning the following person:
      Name (and, where the person is a natural person, given name) of the person:
      Legal form (if legal entity):
      Name, given name of the person(s) with powers of representation over the legal person:
      Address (if legal person, address of the headquarters): street/no/postcode/place/country

         Information related to the Legal Entities File (LEF):

                  ☐

                  This entity already exists in the LEF under the following(s) key(s): 6

                  ☐

                  The request for validation of this entity in the LEF has already been made.

            I attach the printed ABAC screen of the request made, which has the following key (normally starting with ‘ABC’): A supporting document for the validation of the request is enclosed.

                  ☐

                  The request concerns an entity which does not exist in the LEF and for which information was obtained from an implementing authority or body pursuant to Article 108(2) and (3) of the Financial Regulation (enclosed).

                  1)

                  I request introduction of the following warning:

                              ☐

                                 verification warning for the following reasons:

                              If required, indicate reference to the consultation of DG BUDG and, where appropriate, the LS:

                              ☐

                                 Exclusion pursuant to Financial Regulation (FR)

                                          ☐

                                             Article 106(1)(a) FR

                                          ☐

                                             Article 106(1)(b) FR

                                    Indicate the denomination of the court that rendered the judgment which has the force of res judicata:
                              Indicate the date of the judgment which has the force of res judicata: DD/MM/YYYY

                              Indicate reference to the assessment of the LS and DG BUDG:
                              Indicate reference to the contradictory procedure:

                              ☐

                                 Article 106(1)(c) FR

                              Indicate reference to the assessment of the LS and DG BUDG:
                              Indicate reference to the contradictory procedure:

                              ☐

                                 Article 106(1)(d) FR

                              Indicate reference to the contradictory procedure:

                              ☐

                                 Article 106(1)(e) FR

                              Indicate reference to the assessment of the LS and DG BUDG:
                              Indicate reference to the contradictory procedure:
                              Indicate the denomination of the court that rendered the judgment which has the force of res judicata:
                              Indicate the date of the judgment which has the force of res judicata: DD/MM/YYYY

                  ☐

                  Article 106(1)(f) FR (Penalties of Article 109(1) FR)
                  Indicate reference to the assessment of the LS and DG BUDG:
                  Indicate reference to the contradictory procedure and reference to the decision of the AOR and date:

                  2)

                     Description of the reasons for the warning request
                      (3):

                  3)

                     Registration duration
                      (4):

            I certify that the information communicated was established and transmitted in accordance with Regulation (EC) No 45/2001 of the European Parliament and of the Council concerning the protection of personal data.

         [Signature of the person authorised to request introduction, removal or modification of the warning]

      Copy:

         (1)  Do not fill in sections 1 to 4.

         (2)  Fill in all sections, not only the one concerned by the modification request.

         (3)  Where description cannot be given pursuant to confidentiality requirements, indicate: ‘not disclosed’.

         (4)  The duration of the exclusion pursuant to Article 106(1) points (b), (c), (e) and (f) of the Financial Regulation has to be decided by the authorising officer within the meaning of Article 2 of the decision on the early warning system. The duration of the exclusion pursuant to Article 106(1) points (a) and (d) of the Financial Regulation shall be registered for a maximum of 5 years.


title: Decision (EU) 2015/470 of the European Parliament and of the Council of 11 March 2015 on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 13 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application EGF/2013/011 BE/Saint-Gobain Sekurit, from Belgium)

text:
               20.3.2015

               EN

               Official Journal of the European Union

               L 76/56

         DECISION (EU) 2015/470 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
   of 11 March 2015
   on the mobilisation of the European Globalisation Adjustment Fund in accordance with point 13 of the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (application EGF/2013/011 BE/Saint-Gobain Sekurit, from Belgium)
   THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 1927/2006 of the European Parliament and of the Council of 20 December 2006 establishing the European Globalisation Adjustment Fund (1), and in particular Article 12(3) thereof,
   Having regard to the Interinstitutional Agreement of 2 December 2013 between the European Parliament, the Council and the Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management (2), and in particular point 13 thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               The European Globalisation Adjustment Fund (EGF) was established to provide additional support for workers made redundant as a result of major structural changes in world trade patterns due to globalisation and to assist them with their reintegration into the labour market.

               (2)

               The EGF shall not exceed a maximum annual amount of EUR 150 million (2011 prices), as laid down in Article 12 of Council Regulation (EU, Euratom) No 1311/2013 of 2 December 2013 laying down the multiannual financial framework for the years 2014-2020 (3).

               (3)

               Belgium submitted an application to mobilise the EGF, in respect of redundancies in the enterprise Saint-Gobain Sekurit Benelux SA, on 19 December 2013 and supplemented it by additional information up to 4 July 2014. This application complies with the requirements for determining the financial contributions as laid down in Article 10 of Regulation (EC) No 1927/2006. The Commission therefore proposes to mobilise an amount of EUR 1 339 928.

               (4)

               The EGF should therefore be mobilised in order to provide a financial contribution for the application submitted by Belgium,

         HAVE ADOPTED THIS DECISION:
   Article 1
   For the general budget of the European Union for the financial year 2015, the European Globalisation Adjustment Fund shall be mobilised to provide the sum of EUR 1 339 928 in commitment and payment appropriations.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.

      Done at Strasbourg, 11 March 2015.

            For the European Parliament

            The President

         M. SCHULZ

            For the Council

            The President

         Z. KALNIŅA-LUKAŠEVICA

      (1)  OJ L 406, 30.12.2006, p. 1.

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

      (3)  OJ L 347, 20.12.2013, p. 884.


Avis juridique important

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32002D0093

2002/93/EC: Council Decision of 28 January 2002 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Slovakia

Official Journal L 044 , 14/02/2002 P. 0092 - 0100

Council Decisionof 28 January 2002on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with Slovakia(2002/93/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 622/98 of 16 March 1998 on assistance to the applicant States in the framework of the pre-accession strategy, and in particular on the establishment of Accession Partnerships(1), and in particular to Article 2 thereof,Having regard to the proposal from the Commission,Whereas:(1) The Luxembourg European Council stated that the Accession Partnership is a new instrument and the key feature of the enhanced pre-accession strategy.(2) Regulation (EC) No 622/98 sets out that the Council is to decide, by a qualified majority and following a proposal from the Commission, on the principles, priorities, intermediate objectives and conditions contained in the individual Accession Partnerships, as they are submitted to each applicant State, as well as on subsequent significant adjustments applicable to them.(3) Community assistance is conditional on the fulfilment of essential elements, and in particular on the respect of the commitments contained in the Europe Agreements and on progress towards fulfilment of the Copenhagen criteria. Where an essential element is lacking, the Council, acting by a qualified majority on a proposal from the Commission, may take appropriate steps with regard to any pre-accession assistance.(4) The Luxembourg European Council decided that the implementation of the Accession Partnership and progress in adopting the acquis will be examined in the Europe Agreement bodies.(5) The 2001 Commission's regular report presents an objective analysis on Slovakia's preparations for membership and identifies a number of priority areas for further work.(6) In order to prepare for membership, Slovakia should continue to update its national programme for the adoption of the acquis. This programme should set out a timetable for achieving the priorities and intermediate objectives established in the Accession Partnership.(7) Slovakia needs to ensure that the appropriate legal and administrative structures needed for the programming, coordination, management, control and evaluation of Community pre-accession funds are in place,HAS DECIDED AS FOLLOWS:Article 1In accordance with Article 2 of Regulation (EC) No 622/98, the principles, priorities, intermediate objectives and conditions in the Accession Partnership for Slovakia are set out in the Annex hereto, which forms an integral part of this Decision.Article 2The implementation of the Accession Partnership shall be examined in the Europe Agreement bodies and by the appropriate Council bodies to which the Commission shall report regularly.Article 3This Decision shall take effect on the third day following its publication in the Official Journal of the European Communities.Done at Brussels, 28 January 2002.For the CouncilThe PresidentJ. Piqué i Camps(1) OJ L 85, 20.3.1998, p. 1.ANNEX1. IntroductionAt its meeting in Luxembourg in December 1997, the European Council decided that the Accession Partnership would be the key feature of the enhanced pre-accession strategy, mobilising all forms of assistance to the candidate countries within a single framework. In this manner, the Community targets its assistance towards the specific needs of each candidate so as to provide support for overcoming particular problems with a view to accession.The first Accession Partnership for Slovakia was decided in March 1998. As provided for in Regulation (EC) No 622/98 (Article 2), the Accession Partnership was updated a first time in December 1999, taking into account further developments in Slovakia. The present revision is based on a proposal by the Commission following consultation with Slovakia, and draws on the analysis of the Commission's 2001 regular report on progress made by Slovakia towards accession.2. ObjectivesThe purpose of the Accession Partnership is to set out in a single framework the priority areas for further work identified in the Commission's 2001 regular reports on the progress made by Slovakia towards membership of the Union, the financial means available to help Slovakia implement these priorities and the conditions which will apply to that assistance. The Accession Partnership provides the basis for a number of policy instruments which will be used to help the candidate States in their preparations for membership. These include inter alia the updated national programme for the adoption of the acquis prepared by Slovakia, the pre-accession fiscal surveillance procedure, the pre-accession economic programme, the pre-accession pact on organised crime as well as the national development plans, the rural development Plans, a national employment strategy in line with the European employment strategy, and sectoral plans necessary for the participation in the Structural Funds after membership and for the implementation of ISPA and Sapard before accession. Each of these instruments is different in nature and is prepared and implemented according to specific procedures and may be supported by pre-accession aid. They are not an integral part of this Partnership but the priorities they contain will be compatible with it.3. PrinciplesThe main priority areas identified for each candidate State relate to their ability to take on the obligations of meeting the Copenhagen criteria which state that membership requires:- that the candidate State has achieved stability of institutions guaranteeing democracy, the rule of law, human rights and respect for and protection of minorities,- the existence of a functioning market economy, as well as the capacity to cope with competitive pressure and market forces within the Union,- the ability to take on the obligations of membership, including adherence to the aims of political, economic and monetary union.At its meeting in Madrid in 1995, the European Council stressed the need for the candidate States to adjust their administrative structures to ensure harmonious operation of Community policies after accession and at Luxembourg, in 1997, it stressed that incorporation of the acquis into legislation is necessary, but not in itself sufficient; it is necessary to ensure that it is actually applied. The Feira and Gothenburg European Councils in 2000 and 2001 respectively confirmed the vital importance of the applicant countries' capacity to implement and enforce the acquis, and added that this required important efforts by the applicants in strengthening and reforming their administrative and judicial structures.4. Priorities and intermediate objectivesThe Commission's regular reports have highlighted, besides the progress already made, the extent of the efforts which still have to be made in certain areas by candidate States to prepare for accession. This situation requires the definition of intermediate stages in terms of priorities, each to be accompanied by precise objectives to be set in collaboration with the States concerned, the achievement of which will condition the degree of assistance granted and the progress of the negotiations under way with Slovakia. The priorities listed in the revised Accession Partnership have been selected on the basis that it is realistic to expect that Slovakia can complete or take them substantially forward over the next two years (2002 to 2003). Within this list, issues that require particularly urgent action have been highlighted as such. The progress made in meeting the priorities of the 1999 Accession Partnership is assessed in the 2001 regular report. This assessment has been used in formulating the priorities for the current Partnership.Slovakia submitted an updated version of its national programme for the adoption of the acquis (NPAA) in June 2001. The NPAA sets out a timetable for achieving priorities and intermediate objectives, based on the 1999 Accession Partnership, as well as necessary administrative structures and financial resources.The Accession Partnership indicates the priority areas for Slovakia's membership preparations. Slovakia will nevertheless have to address all issues identified in the 2001 regular report. It is also important that Slovakia fulfils the commitments of legislative approximation and the implementation of the acquis in accordance with the commitments made under the Europe Agreement, and in the context of the negotiation process. It should be recalled that incorporation of the acquis into legislation is not in itself sufficient; it will also be necessary to ensure that it is actually applied to the same standards as those which apply within the Union. In all of the areas listed below there is a need for credible and effective implementation and enforcement of the acquis.Drawing on the analysis of the Commission's regular report, the following priorities and intermediate objectives have been identified for Slovakia. These priorities are presented in accordance with the structure of the regular report(1).Political criteriaDemocracy and the rule of law- ensure implementation of the civil service law; continue implementation of the public administration reform strategy, devoting due attention to the issues of training and remuneration,- continue to strengthen the independence and the efficiency of the judiciary; devote particular attention to the training system for judges; ensure the provision of equipment and administrative staff,- ensure the accountability and transparency of the investigation procedures,- step up the fight against corruption and economic crime, in particular ensure the timely and effective implementation of the action plan to combat corruption.Human rights and the protection of minorities- continue improving the situation of the Roma through strengthened implementation of the relevant strategy, including the provision of the necessary financial support at national and local levels; measures aimed at fighting against discrimination (including within the public administration), fostering employment opportunities, increasing access to education, improving housing conditions; provide adequate financial support,- ensure due implementation of the minority language legislation.- ensure that an effective system for redressing police misconduct is established.Economic criteria- ensure medium-term sustainability of public finances by tackling expenditure reform, in particular of health and pension systems, and by continuing the reform of the public finance management system,- continue enterprise restructuring and promote private sector development; complete the privatisation process,- complete the financial sector restructuring and privatise the remaining State-owned banks and insurance company; ensure implementation of the bad-debt recovery mechanisms,- implement new bankruptcy and investment promotion legislation, implement improvements to the regulatory framework for enterprises; open investment promotion to small and medium-sized enterprises (SMEs),- complete the establishment of efficient land and capital markets in the rural and agricultural sectors.Ability to assume the obligations of membershipFree movement of goods- strengthen surveillance, oversight and complaint procedures and ensure implementation of the acquis in the field of public procurement,- fully implement the law on technical requirements for products and on conformity assessment; fully align with and complete implementation of "New approach" directives; complete alignment and effective implementation in the sectors covered by product specific legislation, including the fields of pharmaceuticals and chemicals, automobiles, and foodstuffs,- upgrade to Community-level all market surveillance and conformity assessment structures, eliminate all previously mandatory certification; ensure effectiveness of implementing structures in all sectors, including as regards chemical substances; ensure a central procedure for authorisations for the placing of medicines on the market, as well as the procedure for mutual recognition of registrations,- proceed with screening of Slovak legislation in the non-harmonised area to ensure it is in compliance with Articles 28, 29 and 30 of the Treaty and complete administrative arrangements for the future monitoring in this area.Free movement of persons- with respect to professional qualifications obtained before harmonisation, Slovakia should give priority to introducing measures to ensure that all its professionals can, from accession, meet the requirements laid down by the directives,- complete alignment of mutual recognition of professional qualifications and diplomas and introduce required administrative structures, education and training programmes,- reinforce the administrative structures for the coordination of social security.Freedom to provide services- complete alignment and implement directives on financial services legislation,- reinforce supervision of financial services,- strengthen the administrative capacity of the data protection office.Free movement of capital- progressively relax restrictions on institutional investors,- strengthen and coordinate the supervisory institutions and procedures,- complete alignment of legislation with the second Directive against money laundering.Company law- in need of particular urgent action: reinforce administrative capacity and the fight against counterfeiting especially by strengthening border controls. Intensify training for enforcement bodies including judges and prosecutors,- complete alignment and enforce trademark, copyright and neighbouring rights legislation.Competition policy- complete alignment in both the State aid and anti-trust field, improve the administrative capacity of the State Aid Office; ensure the enforcement of the rules in anti-trust and State aid including the alignment of incompatible aid schemes; complete the State aid inventory and prepare the annual reports; increase awareness of the rules among all market participants and aid grantors; intensify the training of the judiciary in the competition field.Agriculture- in need of particularly urgent action: ensure alignment of veterinary and phytosanitary legislation and upgrade inspection arrangements, in particular complete the establishment of the border inspection posts at the future external borders,- complete transposition of legislation on transmissible spongiform encephalopathies, plant passports, maximum residue levels, animal nutrition and ensure implementation and enforcement, including testing of animal diseases, in particular transmissible spongiform encephalopathies, in accordance with the acquis,- upgrade the capacity of agricultural administration and complete preparations for the enforcement and practical application of the management mechanisms of the common agricultural policy, in particular the integrated administration and control system, the paying agency, quality and marketing standards and carcass classification, as well as for the implementation and enforcement of veterinary and phytosanitary and food safety legislation,- reinforce the administrative structures needed for the design, implementation, management, monitoring, control and evaluation of Community-funded rural development programmes,- continue the upgrading of food processing establishments so that they are in a position to respect Community food safety standards.Transport policy- complete legal alignment and strengthen administrative/enforcement capacity in road transport (in particular on social legislation including financial standing requirements for access to profession, fiscal harmonisation and technical and safety standards with regard to weights and dimensions and electronic tachographs) and in railway transport with a view to implementing the revised railway acquis,- ensure the setting up and the efficient operation of an independent aviation accident investigation authority.Taxation- in need of particularly urgent action: develop IT systems so as to allow for the exchange of electronic data with the Community and its Member States,- ensure legislative alignment with particular attention to the VAT and excise duty regimes, including the transitional VAT regime,- eliminate discriminatory measures against imports from the Community,- ensure that existing and future tax legislation complies with the principles of the Code of Conduct for Business Taxation,- strengthen administrative capacity, including control and enforcement procedures, and administrative cooperation and mutual assistance,- implement the Holding and Movements Directive.Statistics- further improve quality and coverage of statistics; ensure adequate resources are available to further strengthen statistical capacities, including at regional level.Social policy and employment- complete alignment and ensure proper implementation of the social acquis, in particular in the field of health and safety at work, as well as equal treatment for women and men. Strengthen the related administrative and enforcement structures, including the labour inspectorates. Adopt legislation against discrimination and develop a timetable for its implementation,- complete transposition and ensure implementation of Community legislation in the field of public health; further develop measures in the area of surveillance and control of communicable diseases and health monitoring and information,- continue to support social partners' capacity-building efforts, in particular with a view to their future role in the development and implementation of Union employment and social policy, including the European Social Fund, notably through autonomous bipartite social dialogue,- prepare a national strategy, including data collection, with a view to future participation in the European strategy on social inclusion.Energy- implement the recommendations contained in the Council report on nuclear safety in the context of enlargement with due regard to the priorities assigned in the report,- adopt and implement the decommissioning plan to close the two Bohunice V1 nuclear reactors by 2006 and 2008 respectively,- continue to ensure a high level of nuclear safety at the Mochovce nuclear power plant as well as the two Bohunice V2 nuclear reactors and maintain a high level of nuclear safety throughout the decommissioning phases of Units 1 and 2 (V1) of the Bohunice nuclear power plant,- continue to prepare for the internal energy market, notably the electricity and gas directives; complete the alignment process, establish an independent transmission system operator (electricity); eliminate remaining price distortions; strengthen the regulator,- continue alignment of oil stock requirements; make progress in ensuring the actual constitution of stocks, including the necessary investments, towards the level of 90 days; strengthen the oil stocks body,- further improve energy efficiency, enhance the use of renewable energy sources and strengthen the relevant institutions in this area.Telecommunications and information technologies- complete transposition and implementation of the acquis, with particular attention to cost orientation, interconnection and carrier selection in the telecommunications sector,- complete separation of regulatory and ownership functions.Culture and audiovisual policy- strengthen the administrative capacity of the Council of Radio and Television Broadcasting.Regional policy and coordination of structural instruments- in need of particularly urgent action: ensure that the territorial organisation allows for the effective implementation of the Structural Funds regulations,- complete legal framework which allows for the implementation of the acquis in this area,- define the bodies in charge of the implementation of Structural Funds and the Cohesion Fund, in particular the managing and paying authorities; establish a clear division of responsibilities and improve the administrative capacity, in particular in terms of recruitment and training; ensure effective interministerial coordination,- further develop a coherent development plan as required by the Structural Funds regulation; define the implementation structures of the final plan,- set up the required monitoring and evaluation systems for Structural Funds, in particular for ex ante evaluation and for the collection and processing of the relevant statistical information and indicators,- align with the specific financial management and control procedures for future Structural and Cohesion Funds under the relevant Community regulations,- develop the technical preparation of projects eligible to Structural and Cohesion Funds assistance (project pipeline).Environment- complete transposition of the acquis, with a special emphasis on air quality, water quality, waste management, nature protection and industrial pollution control,- continue implementation, in particular as regards genetically modified organisms, air quality, packaging and packaging waste, waste management, urban waste water treatment, drinking water, discharges of dangerous substances to aquatic environment and integrated pollution prevention and control,- continue strengthening the administrative, monitoring and enforcement capacity at all levels. Particular attention needs to be paid to strengthening the Environmental Inspectorate and good coordination between the Ministries,- continue integration of environmental protection requirements into the definition and implementation of all other sectoral policies with a view to promoting sustainable development.Consumers and health protection- complete alignment of legislation and the establishment of market surveillance and enforcement authorities.Cooperation in the field of Justice and Home Affairs- implement the Schengen action plan,- ensure alignment of data protection practices,- continue to upgrade and modernise the infrastructure at the Union's future external borders; upgrade law enforcement bodies, in particular with regard to border control and illegal immigration; continue preparation for future participation in the Schengen Information System by developing national databases and registers; accelerate the progressive alignment of visa legislation and practice,- establish an independent body as the second instance in an asylum procedure,- elaborate and implement an integrated and comprehensive strategy for the fight against organised crime,- continue the fight against trafficking in human beings and drug trafficking; align Penal Code to acquis in the area of fight against organised crime and fraud; strengthen the capacity to deal with money laundering; ensure the implementation of a national anti-drugs programme,- take the necessary steps in order to ensure the implementation of the Community instruments in the area of judicial cooperation in civil matters,- ensure that the pre-requirements for the conclusion of a cooperation with Europol are met,- ensure better coordination between services and agencies involved in the area of Justice and Home Affairs,- take the necessary steps to complete alignment with the Convention on the Protection of the Communities' Financial Interests and its Protocols.Customs union- in need of particularly urgent action: accelerate the implementation of the IT strategy of the Slovak customs administration. Develop IT systems allowing for the exchange of computerised data between the Community and Slovakia. Provide for sufficient IT staff in the Slovak customs administration,- ensure sufficient resource allocation for the collection of excise duties by the customs administration; ensure proper management of all aspects of Community policies managed by the customs authorities, and in particular with respect to the common agricultural policy,- establish all the necessary specialised organisational units foreseen in the Act on state administration bodies in the field of customs,- continue efforts to strengthen customs ethics, combat fraud and corruption, fight against economic crime and organised crime.External relations- take the necessary measures to ensure that any international treaties or agreements including bilateral investment treaties incompatible with the acquis are renegotiated or terminated by accession.Financial control- in need of particularly urgent action: complete implementing legislation for internal financial control,- ensure proper functioning of the central unit for coordination and harmonisation of the methodology for financial management and control and internal audit throughout the government; establish internal audit units in the spending centres; introduce functional independence for internal auditors; ensure the operational capacity of the organisations mentioned,- further develop audit manuals and audit trails (applicable for the control of Community funds in the same manner as for the control of funds from the State budget),- enhance the overall operational capacity as well as the independent status of the Supreme Audit Office; ensure the compliance with the International Organisation of Supreme Auditing Institution's standards.- strengthen the fight against fraud,- designate a suitable central contact point for the protection of the Communities' financial interests and effectively start cooperating with OLAF through this contact point,- step up efforts to ensure the correct use, control, monitoring and evaluation of Community pre-accession funding as a key indicator of Slovakia's ability to implement the financial control acquis.5. ProgrammingFor the period 2000 to 2006, in addition to PHARE, financial assistance to Slovakia comprises support for pre-accession measures for agriculture and rural development through the pre-accession instrument Sapard (Council Regulation (EC) No 1268/1999, OJ L 161, 26.6.1999, p. 87); and support for infrastructure projects in the fields of environment and transport through the structural instrument ISPA (Council Regulation (EC) No 1267/1999, OJ L 161, 26.6.1999, p. 73), which gives priority to measures similar to the Cohesion Fund in the pre-accession period. Under these national allocations, Slovakia can also fund part of its participation in community programmes including the research and technological development framework programmes and programmes in the areas of education and enterprise. In addition Slovakia will have access to funding from multi-country and horizontal programmes directly related to the acquis. Joint financing by the applicant States is systematically required for all investment projects. Since 1998 the Commission has worked with the European Investment Bank and the International Financial Institutions, in particular the European Bank for Reconstruction and Development and the World Bank, with a view to facilitating the co-financing of projects relating to pre-accession priorities.6. ConditionalityCommunity assistance for financing projects through the three pre-accession instruments PHARE, ISPA and SAPARD is conditional on respect by Slovakia of its commitments under the Europe Agreement, further steps towards satisfying the Copenhagen criteria and in particular progress in meeting the specific priorities of this revised Accession Partnership. Failure to respect these general conditions could lead to a decision by the Council on the suspension of financial assistance on the basis of Article 4 of Regulation (EC) No 622/98.7. MonitoringThe implementation of the Accession Partnership is monitored in the framework of the Europe Agreement. As underlined by the European Council in Luxembourg, it is important that the institutions of the Europe Agreement continue to be the framework within which the adoption and implementation of the acquis can be examined. The relevant sections of the Accession Partnership are discussed in the appropriate subcommittee. The Association Committee discusses overall developments, progress and problems in meeting the Partnership's priorities and intermediate objectives as well as more specific issues referred to it from the subcommittees.The PHARE Management Committee ensures that actions financed under all three pre-accession instruments, PHARE, ISPA, and Sapard, are compatible with each other as well as with the Accession Partnerships as laid down in the Coordinating Regulation (Council Regulation (EC) No1266/1999, OJ L 161, 26.6.1999, p. 68).The Accession Partnership will continue to be amended as necessary in accordance with Article 2 of Regulation (EC) No 622/98.(1) The order of presentation is that used as from the 2000 regular reports.


Avis juridique important

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31995D0250

95/250/EC: Council Decision of 29 June 1995 relating to exceptional Community aid for the reconstruction of the areas stricken by the cyclone that hit Madeira in October 1993

Official Journal L 159 , 11/07/1995 P. 0016 - 0016

COUNCIL DECISION of 29 June 1995 relating to exceptional Community aid for the reconstruction of  the areas stricken by the cyclone that hit Madeira in October 1993 (95/250/EC)THE  COUNCIL OF THE EUROPEAN UNION, Having regard to the Treaty establishing the European Community, and in particular Article 235  thereof, Having regard to the proposal from the Commission  (1), Having regard to the opinion of the European Parliament  (2), Whereas those living in certain areas of Madeira have been seriously affected by the cyclone of  October 1993; Whereas steps should be taken in this quite exceptional situation to offset the consequences of  this disaster on the economic and social well-being of the persons affected; Whereas the European Investment Bank is able to grant loans out of its own resources to help  achieve this objective; Whereas an interest subsidy chargeable to the general budget of the European Communities should be  provided on these loans; Whereas similar measures were adopted following the natural disasters that occurred in Italy  (3)  and in Greece  (4); Whereas the Treaty does not provide, for the adoption of this Decision, powers other than those of  Article 235, HAS DECIDED AS FOLLOWS: Article 1 The Community shall provide an interest rate subsidy, chargeable to  the budget of the European Communities, of 3 percentage points per annum for a maximum period of  twelve years, on some loans granted by the European Investment Bank (EIB) out of its own resources  and in accordance with its usual criteria for the financing of investment in the regions devastated  by the cyclone that hit Madeira in October 1993. The total amount of subsidized loans may not exceed the equivalent of ECU 15,85 million in  principal. These loans shall be directed to projects carried out between 1993 and 1997, for the  reconstruction and reorganization of stricken areas (infrastructure works and secondarily  housing). The loans will be approved by the EIB, on the basis of projects put forward by the Portuguese  authorities. Article 2 The detailed arrangements for implementing this Decision shall be laid down in a  cooperation agreement between the Commission and the EIB. In particular, this agreement should set  out the detailed rules for the payment of the interest rate subsidies. Article 3 The Commission will present to the European Parliament and the Council - in close  cooperation with the EIB and before 31 December 1998 - a report evaluating the implementation of  this Decision, and in particular on the additional effects produced by the interest subsidies. Article 4 This Decision shall take effect on the date of its adoption. Done at Luxembourg, 29 June 1995. For the Council The President J. BARROT