Avis juridique important

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31990D0357

90/357/EEC: Decision of the European Parliament of 3 April 1990 granting a discharge to the Commission in respect of the financial management of the sixth European Development Fund during the 1988 financial year

Official Journal L 174 , 07/07/1990 P. 0054 - 0056

*****DECISION  OF THE EUROPEAN PARLIAMENT  of 3 April 1990  granting a discharge to the Commission in respect of the financial management of the sixth European Development Fund during the 1988 financial year  (90/357/EEC)  THE EUROPEAN PARLIAMENT,  - having regard to the Treaty establishing the European Economic Community,  - having regard to the third ACP-EEC Lomé Convention (1),  - having regard to the balance sheets and accounts of the fourth, fifth and sixth European Development Funds for the 1988 financial year (COM(89) 204 final),  - having regard to the report of the Court of Auditors concerning the financial year 1988 together with the institutions' replies (2),  - having regard to the Council recommendation of 12 March 1990 relating to the granting of this discharge (C 3-84/90),  - whereas the Treaty of 22 July 1975 empowers 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 3-72/90),  1. Grants a discharge to the Commission in respect of the financial management of the fifth European Development Fund during the 1988 financial year on the basis of the following amount:  - revenue: ECU 4 314 771,68;  - payments: ECU 807 705 131,85;  2. Records its observations in the resolution accompanying this Decision (3);  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, 3 April 1990.  1.2 // The Secretary-General   // The President   // Enrico VINCI   // Enrique BARÓN CRESPO  (1) OJ No L 86, 31. 3. 1986, p. 1.  (2) OJ No C 312, 12. 12. 1989, p. 1.  (3) See page 55 of this Official Journal.  RESOLUTION  containing the observations accompanying the Decisions granting a discharge in respect of the financial management of the fourth, fifth and sixth European Development Funds during the 1988 financial year  THE EUROPEAN PARLIAMENT,  - having regard to the Treaty establishing the European Economic Community and in particular Article 137 and 2066 thereof,  - whereas, pursuant to Articles 67, 70 and 73 respectively of the financial regulations applicable to the fourth, fifth and sixth European Development Funds, the Commission is required to take all appropriate steps to act on the observations appearing in the discharge decision;  - whereas, pursuant to the Articles referred to, the Commission is also required to report, at the request of the European Parliament, on the measures taken in the light of Parliament's observations and, in particular, on the instructions given to those of its departments responsible for the management of the European Development Funds;  - deciding to present the observations referred to in the abovementioned Articles 67, 70 and 73 in this resolution which accompanies each discharge decision relating to the financial management of the European Development Funds for the 1988 financial year;  - adopting this resolution on the basis also of the powers which are essential if it is to fulfil its supervisory duties with a view to remedying the shortcomings noted during the discharge procedure and to improving the management of the European Development Funds;  - having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Development and Cooperation (Doc. A 3-72/90),  Rate of implementation of the EDFs  1. Notes that, at the end of the 13th year of implementation, 98,5 % of the total allocation of the fourth EDF had been committed (compared with 98 % in 1987) and 94 % had been paid out (as against 91 % in 1987); notes that, during the last three financial years, the corresponding level of payments was between 3 and 1 % of the total allocation whilst the volume of new commitments was even lower; asks the Commission to speed up completion of the operations financed so that the fourth EDF can be wound up before the entry into force of the fourth Lomé Convention;  2. Takes the view that the provisions for closing the accounts of an EDF which has expired should be reviewed in the financial regulation for the next EDF in order to reduce the cost of operating the accounting system;  3. Notes that, at the end of the eighth year of implementation, the rate of disbursement for the fifth EDF (70,8 %) was nearly five points lower than that for the fourth EDF at the same stage;  4. Is concerned at the slow rate of implementation of the sixth EDF in terms of secondary commitments and payments which is reflected in the fact that, at the end of the third year of implementation, there is a significant delay in the level of disbursement of programmable aid; 5,6 % of the initial allocation as against 10,7 % for the fourth EDF and 11,8 % for the fifth EDF;  5. Draws the Commission's attention to the slow-down in the rate of payment of aid under successive EDFs; believes that the increasingly slow rate of implementation of payments is partly due to the switch of emphasis towards policies of rural development and securing food supplies; asks the Commission to review the procedures for preparing and approving projects to be financed in order to speed up the implementation of operations and allow a larger and more regular take-up of programmable aid under the sixth EDF;  6. Believes that satisfactory progress has been made in 1988 in launching import programmes, particularly under the special programme to tackle the indebtedness of sub-Saharan Africa; asks the Commission to take the measures necessary to speed up implementation of the rapid-payment import programmes; also asks the Commission to assess the effectiveness of these programmes for the autonomous development of the countries concerned and to report to Parliament;  Shortcomings in financial management and accounting  7. Considers that rapidity and flexibility in the implementation of emergency aid should be coupled with appropriate accounting documentation of the commitment decisions; asks the Commission to make as much use as possible of secondary commitments in order to improve both transparency and the monitoring of current operations;  8. Is of the opinion that implementation of a speededup procedure for semi-direct payments which excludes any prior intervention by the Commission's central departments is not in conformity with the Financial Regulation of the sixth EDF; asks the Commission to ensure that the Court of Auditors and Parliament are informed of the lessons drawn from this pilot experiment; 9. Believes it to be essential that supporting documents for payments should be accessible to the Court of Auditors on request; also asks the Commission to specify the nature of the supporting documents to be attached to the payment order according to the type of operation;  10. Draws the Commission's attention to the fact that any change in the provisions governing relations between the Commission and the European Association for Cooperation, which stipulate that supporting documents must be submitted on a quarterly basis, would undermine its effective scope for monitoring operations managed by the EAC and would reduce its responsability in this area;  11. Asks the Commission to ensure that bank guarantees for advances do not expire before the contractual obligations have been fulfilled or before the advance granted has been wholly charged against the part-payments due to the co-contractor; also asks the Commission to take the appropriate steps as far as bank guarantees are concerned to safeguard the initial value of advances granted from EDF funds;  12. Draws the Commission's attention to the importance of obtaining from co-contractors accurate and valid supporting documents for the amounts actually paid in connection with operations for the supply of emergency aid;  13. Asks the Commission to improve the EDF's cash management:  (a) by drawing up for the financial year profiles of the quarterly payments to be made;  (b) by adjusting the calls for contributions to these profiles, bearing in mind the need for a minimum cash balance to be determined in the light of experience;  (c) by demanding from the EIB an estimated schedule of expenditure per project;  14. Believes that the proliferation of bank accounts risks jeopardizing or even precluding the effective management of EDF funds; urges that the number of bank accounts opened in the name of the EDF be curtailed to the necessary minimum; asks that, with a view to guaranteeing more transparent and effective management of banking operations, the Commission should look into the possibility of obtaining uniform terms for the remuneration of credit balances;  15. Asks the Commission to improve the accounting arrangements relating to banking transactions;  16. Takes the view that, given the present state of management procedures with regard to accounting, the EDF balance sheet does not give a true picture of the situation at 31 December; notes that there are significant delays in entering bank transactions and in clearing accounts; asks the Commission to lay down clear accounting instructions to ensure that the EDF accounts are kept up to date and there is no discrepancy between the financial statements and the true state of the operations carried out;  17. Asks the Commission to assume fully its responsibilities for checking the statements of account rendered by banks;  18. Will define its position on the question of the separation of the duties of authorizing officer and of accounting officer within the framework of the general observations to be formulated on the internal audit arrangements of the institutions;  Programming of aid under the third Lomé Convention  19. Believes that attainment of the objectives in the area of coorporation with the ACP countries requires both the impact of projects and action programmes on the beneficiary countries to be maximized and the efficient financial management of EDF resources; is of the opinion that these two tasks underpin each other and that the programming method plays a role of the first magnitude; emphasizes here the low rate of implementation of payments of programmable aid under the sixth EDF calls into question the Community's ability at present to establish and adhere to a system of programming;  20. Emphasizes that the quantification of programmed objectives is an essential preliminary for monitoring, during implementation, discrepancies between achievements and forecasts; is aware that the collection of relevant statistical data often encounters serious difficulties in the beneficiary countries; asks the Commission to ensure that the projects and programmes to be carried out under the identified sectoral policy are quantified both in physical and financial terms;  21. Asks the Commission to step up the drive to imrove the statistical data available from the beneficiary countries and to carry out sectoral assessments and impact studies of projects and programmes;  22. Asks the Commission to ensure that particular attention is paid when programming the fourth Lomé Convention to the following aspects;  (a) strengthening coordination at Community level and with all donors;  (b) encouragement of investment in projects aimed at stimulating sustainable development in the sense used in the Bruntland report;  (c) encouragement of directly productive investment;  (d) making better use of locally available economic factors and appropriate technologies;  (e) covering recurrent costs;  23. Asks the Commission to report on the measures taken to follow up the observations contained in the discharge decisions.


title: Council Decision (EU) 2017/546 of 21 March 2017 appointing a member and an alternate member, proposed by the Federal Republic of Germany, of the Committee of the Regions

text:
               23.3.2017

               EN

               Official Journal of the European Union

               L 78/63

         COUNCIL DECISION (EU) 2017/546
   of 21 March 2017
   appointing a member and an alternate member, proposed by the Federal Republic of Germany, of the Committee of the Regions
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 305 thereof,
   Having regard to the proposal of the German Government,
   Whereas:

               (1)

               On 26 January 2015, 5 February 2015 and 23 June 2015, the Council adopted Decisions (EU) 2015/116 (1), (EU) 2015/190 (2) and (EU) 2015/994 (3) appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020.

               (2)

               A member's seat on the Committee of the Regions has become vacant following the end of the term of office of Mr Helmuth MARKOV.

               (3)

               An alternate member's seat has become vacant following the appointment of Ms Anne QUART as a member of the Committee of the Regions,

         HAS ADOPTED THIS DECISION:
   Article 1
   The following are hereby appointed to the Committee of the Regions for the remainder of the current term of office, which runs until 25 January 2020:

               (a)

               as a member:

                           —

                           Ms Anne QUART, Staatssekretärin für Europa und Verbraucherschutz, Ministerium der Justiz und für Europa und Verbraucherschutz des Landes Brandenburg;

                     and

               (b)

               as an alternate member:

                           —

                           Mr Stefan LUDWIG, Mitglied der Landesregierung Brandenburg, Minister der Justiz und für Europa und Verbraucherschutz des Landes Brandenburg.

         Article 2
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 21 March 2017.

            For the Council

            The President

         E. SCICLUNA

      (1)  Council Decision (EU) 2015/116 of 26 January 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 20, 27.1.2015, p. 42).

      (2)  Council Decision (EU) 2015/190 of 5 February 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 31, 7.2.2015, p. 25).

      (3)  Council Decision (EU) 2015/994 of 23 June 2015 appointing the members and alternate members of the Committee of the Regions for the period from 26 January 2015 to 25 January 2020 (OJ L 159, 25.6.2015, p. 70).


title: 2006/814/EC: Decision of the European Parliament of 27 April 2006 on the discharge for implementation of the European Union general budget for the financial year 2004, Section VI — European Economic and Social Committee

text:
               6.12.2006

               EN

               Official Journal of the European Union

               L 340/40

         DECISION OF THE EUROPEAN PARLIAMENT
   of 27 April 2006
   on the discharge for implementation of the European Union general budget for the financial year 2004, Section VI — European Economic and Social Committee
   (2006/814/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2004 (1),

               —

               having regard to the final annual accounts of the European Communities for the financial year 2004, Volume III (N6-0027/2005 — C6-0362/2005),

               —

               having regard to the Court of Auditors' annual report for the financial year 2004, accompanied by the replies of the institutions audited (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 the Council's recommendation of 14 March 2006 (5971/2006 — C6-0092/2006),

               —

               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), and in particular Articles 50, 86, 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 (A6-0114/2006),

               1.

               Grants the Secretary-General of the European Economic and Social Committee discharge in respect of the implementation of the budget for the financial year 2004;

               2.

               Sets out its comments in the resolution below;

               3.

               Instructs its President to forward this decision and the resolution that forms an integral part of it to the Council, the Commission, the Court of Justice, the Court of Auditors, the European Economic and Social Committee, the Committee of the Regions, the European Ombudsman and the European Data Protection Supervisor 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 53, 23.2.2004.

      (2)  OJ C 301, 30.11.2005, p. 1.

      (3)  OJ C 301, 30.11.2005, p. 9.

      (4)  OJ L 248, 16.9.2002, p. 1.

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

               6.12.2006

               EN

               Official Journal of the European Union

               L 340/41

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   with comments forming an integral part of the decision on the discharge for implementation of the European Union general budget for the financial year 2004, Section VI — European Economic and Social Committee
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the general budget of the European Union for the financial year 2004 (1),

               —

               having regard to the final annual accounts of the European Communities for the financial year 2004, Volume III (N6-0027/2005 — C6-0362/2005),

               —

               having regard to the Court of Auditors' annual report for the financial year 2004, accompanied by the replies of the institutions audited (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 the Council's recommendation of 14 March 2006 (5971/2006 — C6-0092/2006),

               —

               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), and in particular Articles 50, 86, 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 (A6-0114/2006),

               1.

               Notes that in 2004 the European Economic and Social Committee (EESC) administered a budget of EUR 103 000 000 with a utilisation rate of 88,56 % (2003: 98,12 %);

               2.

               Notes, as stated in paragraph 9.23 of the Court of Auditors' annual report, that the internal control standards were approved in July 2004 but that not all the measures needed to achieve full compliance with them have yet been taken;

               3.

               Notes in relation to the Court of Auditor's findings at paragraph 9.7 of its annual report concerning the transfer of part of staff emoluments with the application of a weighting coefficient the significant number of cases not supported by adequate evidence of the officials' right to the transfers requested; notes that according to information provided by the EESC corrective measures were taken in 2005;

               4.

               Recalls the EESC's assurance given in 2004 that there had been no further irregularities whatsoever with regard to the payment of its Members' travel expenses (6); points out that the Court of Auditors nevertheless referred in its annual report on the 2003 financial year, published in November 2004, to three cases in which the travel allowance paid to Members was twice the amount set out in the Committee's own rules; notes that the Belgian prosecution service has opened a formal investigation based on a finding by OLAF of strong prima facie evidence that up to EUR 45 000 in expenses was wrongfully claimed by an EESC Member over a six-year period; is aware that the EESC voted to lift the immunity of the Member concerned and that a judgment of the competent Belgian court is expected before the end of 2006;

               5.

               Notes that in 2004 the EESC changed its internal rules so as to designate a vice-president to be responsible for budgetary matters and for relations with Parliament;

               6.

               Welcomes the fact that the EESC has forwarded the annual activity report, including a report by the internal auditor and accompanied by the statement of assurance by the authorising officer by delegation;

               7.

               Notes the EESC Secretary-General's reservation regarding the assurance of salary calculations through new payroll application (NAP) software during the 2004 financial year, and that this matter is also described in paragraph 9.5 of the Court of Auditor's report;

               8.

               Points to the following findings arising from the annual activity report:

                           —

                           the increase in the number of Members from 222 to 317 (an increase of 42,79 %) following enlargement on 1 May 2004;

                           —

                           the closure and replacement of the imprest account office from 1 January 2004 with direct processing of payment orders in the Si2 computer programme;

                           —

                           an increase in translation requests of 33,5 % in comparison with 2003;

                           —

                           a 35 % increase in the number of meetings;

                           —

                           problems with NAP as well as difficulties in recruiting all staff needed in 2004;

               9.

               Notes that in addition to its move to the recently completed Belliard building, the EESC, together with the Committee of the Regions, has a buildings programme comprising four other buildings (Belliard 68, Belliard 96, Trèves and Remorqueur) and will require further office accommodation for future enlargements;

               10.

               Awaits the results of the Court of Auditors' audit of the acquisition and renovation procedures for all buildings shared by the Committee of the Regions and the EESC, including the Belliard I and II buildings; believes there should be an audit of the Montoyer renovation as well; points out that renting buildings would significantly reduce the risks involved for small institutions and that this solution should be considered as a serious alternative for future building projects; approves the fact that, as a result of the policy on sensitive functions, the head of the infrastructure unit has changed position and that a new recruitment process for this post is ongoing;

               11.

               Welcomes the fact that the annual activity report includes the results of ex-post controls in accordance with Article 52 of Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (7), which provides as follows:
               ‘The result of the ex post verifications shall, with other matters, be set out in the annual activity report submitted by the authorising officer by delegation to his institution’;

               12.

               Believes that in this respect the EESC's example could usefully be followed by other institutions.

      (1)  OJ L 53, 23.2.2004.

      (2)  OJ C 301, 30.11.2005, p. 1.

      (3)  OJ C 301, 30.11.2005, p. 9.

      (4)  OJ L 248, 16.9.2002, p. 1.

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

      (6)  See paragraph 3 of the European Parliament resolution containing the comments accompanying the decision concerning discharge in respect of the implementation of the general budget of the European Union for the 2002 financial year — Section VI — European Economic and Social Committee (OJ C 104 E, 30.4.2004, p. 698).

      (7)  OJ L 357, 31.12.2002, p. 1. Regulation as amended by Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).


title: EFTA Surveillance Authority Decision No 365/06/COL of 29 November 2006 amending, for the sixtieth time, the procedural and substantive rules in the field of State aid

text:
               28.6.2007

               EN

               Official Journal of the European Union

               L 166/28

         EFTA SURVEILLANCE AUTHORITY DECISION

   No 365/06/COL
   of 29 November 2006
   amending, for the sixtieth time, the procedural and substantive rules in the field of State aid
   THE EFTA SURVEILLANCE AUTHORITY,
   HAVING REGARD to the Agreement on the European Economic Area (1), in particular to Articles 61 to 63 and Protocol 26 thereof,
   HAVING REGARD to the Agreement between the EFTA States on the establishment of a Surveillance Authority and a Court of Justice (2), in particular to Article 24 and Article 5(2)(b) thereof and Article 1 in Part I of Protocol 3 thereof,
   WHEREAS under Article 24 of the Surveillance and Court Agreement, the EFTA Surveillance Authority shall give effect to the provisions of the EEA Agreement concerning State aid,
   WHEREAS under Article 5(2)(b) of the Surveillance and Court Agreement the EFTA Surveillance Authority shall issue notices or guidelines on matters dealt with in the EEA Agreement, if that Agreement or the Surveillance and Court Agreement expressly so provides or if the EFTA Surveillance Authority considers it necessary,
   RECALLING the Procedural and Substantive Rules in the Field of State Aid (3) adopted on 19 January 1994 by the EFTA Surveillance Authority (4),
   WHEREAS, on 24 October 2006, the Commission of the European Communities decided to prolong the Framework on State Aid to Shipbuilding until 31 December 2008 (5),
   WHEREAS this Communication is also of relevance for the European Economic Area,
   WHEREAS a uniform application of the EEA State aid rules is to be ensured throughout the European Economic Area,
   WHEREAS, according to point II under the heading ‘GENERAL’ at the end of Annex XV to the EEA Agreement, the EFTA Surveillance Authority is to adopt, after consultation with the Commission, acts corresponding to those adopted by the European Commission,
   HAVING consulted the European Commission,
   RECALLING that the EFTA Surveillance Authority has consulted the EFTA States in a letter on the subject dated 27 October 2006,
   HAS ADOPTED THIS DECISION:

               1.

               The validity of Chapter 24B of the State Aid Guidelines, State aid to shipbuilding, is prolonged until 31 December 2008. The former Paragraph 31 in Section 24B.7 of Chapter 24B of the State Aid Guidelines is replaced by a new Paragraph 31 which shall read as follows:
               ‘This Framework will be applicable from 1 January 2004 until 31 December 2008 at the latest. It may be reviewed by the Authority during this period.’

               2.

               Footnote 1 to Chapter 24B of the State Aid Guidelines shall read as follows:
               ‘This Chapter corresponds to Community Framework on State Aid to Shipbuilding (OJ C 317, 30.12.2003, p. 11), as amended by the Commission on 24 October 2006 (OJ C 260, 28.10.2006, p. 7).’

               3.

               Since Council Regulation (EC) No 1177/2002 of 27 June 2002 concerning a temporary defensive mechanism to shipbuilding (6) expired on 31 March 2005, the references in Chapter 24B of the State Aid Guideline to that Regulation are no longer relevant. Accordingly, point 9 and point 12(e) of Chapter 24B will no longer be applied by the Authority with effect from 1 January 2007.

               4.

               The EFTA States shall be informed by means of a letter, including a copy of this Decision.

               5.

               The European Commission shall be informed, in accordance with point (d) of Protocol 27 of the EEA Agreement, by means of a copy of this Decision.

               6.

               The Decision shall be published in the EEA Section of and in the EEA Supplement to the Official Journal of the European Union.

      Done at Brussels, 29 November 2006.

            For the EFTA Surveillance Authority

         Bjørn T. GRYDELAND

            President

         Kristján A. STEFÁNSSON

            College Member

      (1)  Hereinafter referred to as the ‘EEA Agreement’.

      (2)  Hereinafter referred to as the ‘Surveillance and Court Agreement’.

      (3)  Hereinafter referred to as the ‘State Aid Guidelines’.

      (4)  Initially published in OJ L 231, 3.9.1994, and in the EEA Supplement thereto No 32 on the same date, last amended by Decision of 5 October 2006.

      (5)  Commission communication concerning the prolongation of the Framework on State aid to shipbuilding, (OJ C 260, 28.10.2006, p. 7).

      (6)  OJ L 172, 2.7.2002, p. 1. Regulation as amended by Regulation (EC) No 502/2004 (OJ L 81, 19.3.2004, p. 6), incorporated into the EEA Agreement by EEA Joint Committee Decisions No 170/2002 and No 80/2004.


Avis juridique important

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31981D0499

81/499/ECSC: Council Decision of 6 July 1981 replacing a member of the Consultative Committee of the European Coal and Steel Community

Official Journal L 193 , 16/07/1981 P. 0034

****( 1 ) OJ NO L 326 , 2 . 12 . 1980 , P . 20 .    COUNCIL DECISION   OF 6 JULY 1981   REPLACING A MEMBER OF THE CONSULTATIVE COMMITTEE OF THE EUROPEAN COAL AND STEEL COMMUNITY  ( 81/499/ECSC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN COAL AND STEEL COMMUNITY , AND IN PARTICULAR ARTICLE 18 THEREOF ,   HAVING REGARD TO THE COUNCIL DECISION OF 25 NOVEMBER 1980 APPOINTING THE MEMBERS OF THE CONSULTATIVE COMMITTEE OF THE EUROPEAN COAL AND STEEL COMMUNITY FOR THE PERIOD ENDING ON 24 NOVEMBER 1982 ( 1 ),   WHEREAS THE COUNCIL WAS INFORMED ON 17 JUNE 1981 THAT A MEMBER ' S SEAT ON THE ABOVE COMMITTEE IN THE CONSUMERS '  AND DEALERS '  REPRESENTATIVES CATEGORY HAD BECOME VACANT AS A RESULT OF THE RESIGNATION OF MR JOERGEN HARNE ,   HAVING REGARD TO THE NOMINATION SUBMITTED ON 17 JUNE 1981 ,   HAS DECIDED AS FOLLOWS :   SOLE ARTICLE   MR ERIK OHRT IS HEREBY APPOINTED A MEMBER OF THE CONSULTATIVE COMMITTEE OF THE EUROPEAN COAL AND STEEL COMMUNITY IN PLACE OF MR HARNE FOR THE REMAINDER OF THE LATTER ' S TERM OF OFFICE , WHICH RUNS UNTIL 24 NOVEMBER 1982 .   DONE AT BRUSSELS , 6 JULY 1981 .   FOR THE COUNCIL   THE PRESIDENT   G . HOWE


Avis juridique important

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31999D0856

1999/856/EC: Council Decision of 6 December 1999 on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Republic of Lithuania

Official Journal L 335 , 28/12/1999 P. 0041 - 0047

COUNCIL DECISIONof 6 December 1999on the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership with the Republic of Lithuania(1999/856/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 fulfillment of essential elements, and in particular on the respect of the commitments contained in the Europe Agreements and on progress towards fulfillment 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 1999 Commission's Regular Report presented an objective analysis on the Republic of Lithuania's preparations for membership and identified a number of priority areas for further work;(6) in order to prepare for membership, the Republic of Lithuania should 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,HAS DECIDED AS FOLLOWS:Article 1In accordance with Article 2 of Regulation (EC) No 622/98, the principles, priorities, intermediate objectives and conditions contained in the Accession Partnership for the Republic of Lithuania 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 that of its publication in the Official Journal of the European Communities.Done at Brussels, 6 December 1999.For the CouncilThe PresidentT. HALONEN(1) OJ L 85, 20.3.1998, p. 1.ANNEXLITHUANIA: 1999 ACCESSION PARTNERSHIP1. 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 1999 Regular Report on the progress made by Lithuania towards membership of the European Union, the financial means available to help Lithuania implement these priorities and the conditions which will apply to that assistance. This 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 revised National Programme for the adoption of the acquis, the Joint Assessment of medium-term economic policy priorities, the Pact against organised crime as well as the National Development Plans and other sectoral plans necessary for the participation in 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. They are not an integral part of this Partnership but the priorities they contain will be compatible with it.2. 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, the European Council stressed the need for the candidate States to adjust their administrative structures to ensure the harmonious operation of Community policies after accession and at Luxembourg, 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.3. PRIORITIES AND INTERMEDIATE OBJECTIVESThe Commission's Regular Reports have highlighted the extent of the efforts which still have to be made in certain areas by the 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 the progress of the negotiations under way with some States and the opening of new negotiations with the others. The priorities and intermediate objectives in the revised Accession Partnerships ate again divided into two groups, short- and medium-term. Those listed under the short term have been selected on the basis that it is realistic to expect that Lithuania can complete or take them substantially forward by the end of 2000. The priorities listed under the medium term are expected to take more than one year to complete although work should, wherever possible, also begin on them during 2000. The progress made in meeting the priorities of the 1998 Accession Partnership is assessed in the 1999 Regular Report. This assessment has been used in formulating the priorities for the current partnership.Lithuania submitted a revised version of its National programme for the adoption of the acquis (NPAA) on 25 May 1999. It sets out a timetable for achieving priorities and intermediate objectives, based on the first Accession Partnership, as well as necessary administrative structures and financial resources.The Accession Partnership indicates the priority areas for Lithuania's membership preparations. Lithuania will nevertheless have to address all issues identified in the Regular Report. It is also important that Lithuania fulfils the commitments of legislative approximation and implementation of the acquis in accordance with the commitments made under the Europe Agreement, the screening exercise and 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 short and medium term priorities and intermediate objectives have been identified for Lithuania.3.1. Short-term (2000)Economic criteria:- take action to correct the widening fiscal deficit,- complete the scheduled large-scale privatisations,- complete the restructuring of the banking sector,- promote competitiveness through market-based enterprise restructuring in the industry sector with particular attention to small- and medium-sized enterprises,- continue land titling and registration to meet target date for completion of land registration by December 2000 and continue support for land market development,- improve bankruptcy procedures and streamline implementation.Internal market:- public procurement: implement the new public procurement law; strengthen the public procurement office,- intellectual and industrial property rights: implement copyright legislation and strengthen the fight against "piracy"; reinforce administrative capacity and the fight against counterfeiting especially by strengthening border controls,- free movement of goods: accelerate alignment of the sectoral legislation on industrial products in particular medicines for veterinary use and new approach directives; develop the corresponding conformity assessment system; develop a coherent strategy on market surveillance,- free movement of capital: abolish limits to the import/export of means of payment as well as restrictions on investment rules for pension funds and insurance companies; adapt legislation concerning direct investment and legislation on the operation of foreign insurance companies,- competition: implement the competition law; establish the Competition Council and its executive body; align State aid legislation and reinforce the State aid monitoring authority with sufficient and qualified staff; complete the State aid inventory,- telecommunications: establish an independent regulatory authority,- audiovisual: complete alignment of legislation,- taxation: finalise and put into force the legislative reform of the VAT system; abolish fiscal discrimination on excise duties between domestics and imported products; ensure that new tax measures comply with the principles of the code of conduct for business taxation,- customs: continue the alignment of legislation and reinforce the fight against fraud and corruption.Agriculture:- veterinary and phytosanitary sector: continue alignment and upgrade inspection arrangements, in particular at the fixture external borders,- food processing sector: complete enterprise restructuring in dairy sector and start restructuring in other sectors in particular meat; start reducing State aids by limiting amount of support for ailing enterprises given by Rural Support Fund and Market Regulation Agency.Transport:- align legislation on maritime safety.Energy:- start implementing a comprehensive energy strategy in line with the NSA agreement, in particular,- start the legal and technical preparation for the definitive closure and decommissioning unit 1 of the Ignalina nuclear power plant,- start preparing refurbishment of conventional power plants in line with environmental requirements,- continue implementing the necessary improvements of nuclear safety resulting from the performance of the comprehensive safety analysis report for the Ignalina nuclear power plant,- continue strengthening the independence and technical capability of the nuclear safety authority,- establish a radioactive waste management institution,- ensure administrative and managerial independence of the energy utilities.Employment and social affairs:- prepare a national employment strategy with a view to later participation in the European employment strategy including through the launch of a joint employment review,- support the partners capacity-building efforts for developing and implementing the acquis, notably through bipartite social dialogue.Environment:- complete transposition and enforce the Environmental Impact Assessment Directive,- continue transposition and enforcement of the framework legislation in water, air, waste, nature protection and radiation protection,- develop plans for financing investments (directive-specific), based on estimations of costs of alignment and realistic sources of public and private finance year-by-year,- ensure institutional strengthening in the area of environment both at central and local level, particularly by establishing structures to ensure implementation of the radiation protection law.Justice and home affairs:- adopt new law on national border control and complete border demarcation with Belarus; start border demarcation with Kaliningrad,- upgrade law enforcement bodies and the judiciary (staff numbers, recruitment, training and equipment) to continue the fight against organised crime, drug trafficking and corruption, ensure better coordination between law enforcement bodies; ratify the European criminal law convention, sign the OECD convention on bribery; adopt and start implement the national anti-corruption strategy,- strengthen capacities to deal with money laundering,- implement border and migration legislation to prevent illegal immigration and to enable full participation in the Schengen information system,- ensure complete alignment of the asylum legislation faster procedure to treat appealed cases, the legal structure of the Appeal Council, Article 4 of the refugee law and legal aid for asylum seekers.Reinforcement of administrative and judicial capacity, including the management and control of European Union funds:- Phare(1), ISPA(2) and Sapard(3): further develop the National Development Plan and the Rural Development Plan; adopt the legal, administrative and budgetary framework (audit manual and audit trail) to programme and manage ISPA and Sapard, including the introduction of environmental impact assessments and European Union compatible public procurement rules for projects co-financed by Community Funds; establish a functioning paying agency for Saprd,- financial control: complete the legislative framework for internal and external financial control; establish a central organisation within the government for harmonising internal audit/control functions; establish internal audit/control units in spending centres and improve internal control procedures; introduce "functional independence" for national internal controllers/auditors at both central and decentralised levels and "ex-ante" financial control,- continue implementation of the national training strategy; ensure sufficient training in European Union Law for police, border guards and customs.3.2. Medium-termEconomic criteria:- continue promotion of market-driven restructuring in the enterprise, finance and banking sectors,- establish an annual fiscal surveillance procedure aimed at bringing the reporting, monitoring and control of public finances, specifically fiscal positions, in line with European Union procedures,- continue social security financing reform.Internal market:- public procurement: ensure compliance of public procurement legislation with the acquis and its effective implementation,- intellectual and industrial property rights: enforce copyright law by strengthening intellectual property institutions,- data protection: complete alignment,- free movement of goods: complete alignment of sectoral legislation and remove all remaining mandatory certification procedures; complete the adoption of EN standards; ensure implementing structures for all sectors,- free movement of persons: complete alignment of mutual recognition of diplomas; lift nationality and residence requirements.- competition: reinforce the antitrust and State aid authorities; ensure the full enforcement of competition and State aid rules; ensure compliance of aid schemes and State aid legislation with the acquis; increase training at all levels,- taxation: adopt the VAT transitional provisions and complete the harmonisation of the excise duties structures and rates; review existing laws and ensure compatibility with the code of conduct for business taxation; strengthen administrative cooperation and mutual assistance and increase the efficiency of tax audits,- consumer Protection: continue alignment and strengthen market surveillance and enforcement authorities,- customs: develop an integrated tariff; develop efficient border posts; apply simplified procedures; reinforce administrative and operational capacity, including computerisation.Agriculture:- reinforce common agricultural policy management mechanisms and administrative structures (monitor agricultural markets and implement structural and rural development measures, set up bodies and control mechanisms),- veterinary and phytosanitary sector: complete system of animal identification; implement quality control system (hazard analysis critical control point), animal waste treatment, modernisation of meat and dairy plants residue and zoonosis control programmes; complete inspection systems on future external borders; align with phytosanitary surveillance systems,- complete the agricultural census in line with Eurostat methodology,- continue enterprise restructuring in food processing sector in sectors other than dairy (mainly meat, canned fruit and vegetables) and allow effective bankruptcy of inefficient enterprises.Fisheries:- develop the capacity to implement and enforce the common fisheries policy, including the establishment of the adequate institutional resources and equipment relating to inspection and controls at central and regional level; align ship register requirements.Energy:- continue implementation of a comprehensive energy strategy in line with the NSA agreement, in particular starting the definitive closure and decommissioning of unit 1 of the Ignalina nuclear power plant and completing the installation of a diverse second shut-down system on unit 2,- start a new comprehensive safety analysis report for unit 2,- prepare for the internal energy market, notably the electricity and gas directives (including adaptation of energy prices to cost levels and the establishment of a regulator),- align oil stock requirements and continue improvement of energy efficiency,- strengthen regulatory structures for nuclear safety and radiation protection.Transport:- complete alignment in road transport (market access, road safety, rules for dangerous goods and taxation), railways, maritime transport (in particular safety standards) and aviation (in particular air safety and air traffic management).Employment and social affairs:- transpose and implement European Union legislation on occupational health and safety, labour law, equal treatment of women and men, and public health including reinforcement of the related administrative structures and those required for the coordination of social security.Economic and social cohesion:- develop national policy for economic and social cohesion in preparing for the implementation of a regional development programme and Community initiatives; improving the administrative structures, in particular clarifying allocation of responsibilities on regional policy issues; organising the budgetary system and its procedures according to structural funds standards, including appraisal and evaluation.Environment:- complete transposition and continue implementation of the environmental acquis according to a directive-specific pre-defined timetable in nature protection, air, water and industrial related directives, waste, chemicals and genetically modified organisms, ozone depleting substances and radiation protection,- develop monitoring and implementation control structures and capacities in the air and water sector,- ensure institutional strengthening in the area of environment both at central and local level, i.e. establishing a supervisory institution for chemicals and an environmental protection agency,- integrate sustainable development principles into the definition and implementation of all other sectoral policies.Justice and home affairs:- continue progressive alignment of visa legislation and practice with that of the European Union,- continue to strengthen police cooperation mechanisms with Europol in the fight against organised crime (in particular money laundering, drugs and trafficking in women and children),- implement migration policy and new asylum procedures; complete alignment notably in view of the related European Union acquis and relevant international conventions,- implement streamlined inter-agency structure for fighting corruption.Reinforcement of administrative and judicial capacity, including the management and control of European Union funds:- implement public administration law and the civil service law,- strengthen public financial control functions through the provision of adequate staff, training and equipment. and make a clear separation of ex ante internal control and monitoring,- ensure improved application of transposed European Union Law in the judicial system and regular training for the judiciary in Community law and its application,- strengthen statistical capacities.4. PROGRAMMINGThe Phare allocation for the period 1995 to 1999 has totalled EUR 232 million. Following the agreement of the European Council in Berlin on 24 and 25 March 1999, financial assistance to the applicant States during the period 2000 to 2006 will also comprise 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 a structural instrument ISPA (Council Regulation (EC) No 1267/1999, OJ L 161, 26.6.1999, p. 73) which will give priority to measures similar to the cohesion fund in the pre-accession period. Under these national allocations, Lithuania can also fund part of its participation in Community programmes including in the Fifth Research and Technological Development Framework Programme (OJ L 26, 1.2.1999, p. 1). In addition Lithuania will have access to funding from multi-State 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 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.5. CONDITIONALITYCommunity assistance for financing projects through the three pre-accession instruments Phare, ISPA and Sapard is conditional on respect by Lithuania 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 Accession Partnership in 2000. 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 622/98.6. 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 of the acquis can be examined, in accordance with the same procedures, irrespective of whether or not negotiations have been opened. The relevant sections of the Accession Partnership are discussed in the appropriate subcommittee. The Association Committee discusses overall developments, progress and problems in meeting its priorities and intermediate objectives as well as more specific issues referred to it from the subcommittees.The Phare Management Committee ensures that financing decisions under all three pre-accessions 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) No 1266/1999, (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) Phare = Action plan for coordinated aid to Poland and Hungary.(2) ISPA = Instrument for Structural Policies for Pre-Accession.(3) Sapard = Special Accession Programme for Agriculture and Rural Development.


title: 2012/610/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/328

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2010
   (2012/610/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2010, together with the replies of the Joint Undertaking (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06086/2012 - C7-0050/2012),

               —

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

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Council Regulation (EC) No 521/2008 of 30 May 2008 setting up the Fuel Cells and Hydrogen Joint Undertaking (3),

               —

               having regard to Council Regulation (EU) No 1183/2011of 14 November 2011 amending Regulation (EC) No 521/2008 setting up the Fuel Cells and Hydrogen Joint Undertaking (4),

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0110/2012),

               1.

               Grants the Executive Director of the Fuel Cells and Hydrogen Joint Undertaking discharge in respect of the implementation of the Joint Undertaking’s budget for the financial year 2010;

               2.

               Sets out its observations in the Resolution below;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 368, 16.12.2011, p. 40.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 153, 12.6.2008, p. 1.

      (4)  OJ L 302, 19.11.2011, p. 3.

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

               17.10.2012

               EN

               Official Journal of the European Union

               L 286/329

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2010
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2010,

               —

               having regard to the Court of Auditors’ report on the annual accounts of the Fuel Cells and Hydrogen Joint Undertaking for the financial year 2010, together with the replies of the Joint Undertaking (1),

               —

               having regard to the Council’s recommendation of 21 February 2012 (06086/2012 - C7-0050/2012),

               —

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

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (2), and in particular Article 185 thereof,

               —

               having regard to Council Regulation (EC) No 521/2008 of 30 May 2008 setting up the Fuel Cells and Hydrogen Joint Undertaking (3),

               —

               having regard to Council Regulation (EU) No 1183/2011 of 14 November 2011 amending Regulation (EC) No 521/2008 setting up the Fuel Cells and Hydrogen Joint Undertaking (4),

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (5), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control (A7-0110/2012,

               A.

               whereas the Fuel Cells and Hydrogen Joint Undertaking (‘the Joint Undertaking’) was set up in May 2008 for a period until 31 December 2017 to focus on developing market applications and hence facilitating additional industrial efforts towards a rapid deployment of fuel cells and hydrogen technologies,

               B.

               whereas the Joint Undertaking enjoyed financial autonomy only from November 2010,

               C.

               whereas the Court of Auditors states that it has obtained reasonable assurances that the Joint Undertaking’s annual accounts for the financial year 2010 are reliable and that the underlying transactions are legal and regular,

               D.

               whereas the Founding Members of the Joint Undertaking are the Union represented by the Commission, and the European Fuel Cell and Hydrogen Joint Technology Initiative Industry Grouping (Industry Grouping),

               E.

               whereas the maximum contribution for the entire period from the Union to the Joint Undertaking is EUR 470 000 000 to be paid from the budget of the Seventh Research Framework Programme,

               F.

               whereas the budget of the Joint Undertaking for the financial year 2010 amounted to EUR 97 400 000,

      Budget and Financial Management

               1.

               Notes from the final annual accounts of the Joint Undertaking for the financial year 2010 that the its budget was managed by DG RTD from 1 January 2010 to 14 November 2010; takes note that the Joint Undertaking became autonomous on 15 November 2010;

               2.

               Acknowledges from the final annual accounts that during the year 2010 the Joint Undertaking has carried out two budget amendments; acknowledges in particular that:

                           —

                           the first budget amendment aimed at restructuring the expenditure lines according to the needs of the Joint Undertaking and at redistributing the revenue taking into account the late autonomy of the Joint Undertaking in 2010;

                           —

                           the second budget amendment merged two income lines based on a request from the Commission;

               3.

               Establishes from the final annual accounts that in 2010 the Executive Director authorised three budget transfers representing a total of 0,11 % of the payment appropriations for 2010;

               4.

               Notes from the final annual accounts that for 2010 the Joint Undertaking had a budget execution rate of 99,01 % in terms of commitment appropriations and of 88,7 % in terms of payment appropriations; takes note in particular of:

                           —

                           the low execution rate on Staff appropriations both in terms of commitment and payment appropriations, i.e. 19,14 % and 13,63 % respectively, which is mainly due to delays in recruitment;

                           —

                           the low execution rate on Infrastructure payment appropriations, i.e. 15,39 %, related to the late autonomy of the Joint Undertaking;

                     asks the Joint Undertaking to explain to the discharge authority the delays in recruitment; urges the Joint Undertaking, moreover, to inform the discharge authority about the measures adopted and implemented to redress the situation and enable a greater execution rate of its budget both in terms of commitments and payments;

               5.

               Notes that all the 2010 operational payments to beneficiaries were made during the last six weeks of 2010;

      Internal Control Systems

               6.

               Calls on the Joint Undertaking and in particular its Accounting Officer to formalise and validate the underlying business processes as required by its financial rules;

               7.

               Notes the Court of Auditors’ finding that the Joint Undertaking has an adequate level of IT governance and practice for its size and mission; stresses, however, that the formalisation of policies and procedures in strategic IT planning cycle, data classification according to confidentiality and integrity requirements and Business Continuity Plan and Disaster Recovery Plan is lagging behind; calls on the Joint Undertaking to remedy the situation and provide the discharge authority with an up-to-date report on the matter;

               8.

               Reiterates that the Joint Undertaking was set up in May 2008 but started to work autonomously on November 2010; expresses its concern that the methodology for evaluating contributions in-kind, in compliance with its financial rules and based on the Rules for Participation of the Seventh Research Framework Programme, has not yet been developed; notes from the Joint Undertaking’s reply to the Court of Auditors that it has drafted a methodology in the second quarter of 2011 and that it was submitted to the Governing Board for adoption in November 2011; calls on the Joint Undertaking to update the discharge authority about the latest developments concerning the adoption and implementation of the methodology;

      Internal Audit

               9.

               Takes note that the Joint Undertaking’s financial rules have not yet been amended to include a provision referring to the powers of the Commission’s internal auditor regarding the general budget as a whole;

               10.

               Notes, however, that the Commission and the Joint Undertaking have taken action to ensure that the respective operational roles of the Commission’s Internal Audit Service and the Joint Undertaking’s internal auditing function are clearly defined;

      Call for Proposals and Project Management

               11.

               Notes from the Joint Undertaking’s Annual Activity Report (AAR) that during 2009 the Joint Undertaking finalised the selection process for the Call for Proposals 2009 by signing Grant Agreement for 28 projects and that first payments were made, for all project consortia but one, by year-end 2010;

               12.

               Establishes from the AAR that the Call for Proposals 2010 was published on 18 June 2010 and that the Joint Undertaking’s financial contribution to the Call was EUR 89 100 000; takes note that 71 proposals were submitted by the deadline of which 43 passed the evaluation thresholds and that the contract negotiations took place in 2011;

               13.

               Asks the Joint Undertaking to provide the discharge authority with:

                           —

                           an up-to-date report on the current situation regarding projects under Calls for Proposals 2009 in terms of payments and preliminary results;

                           —

                           an up-to-date report on the current situation regarding the projects under Call for Proposals 2010 both in terms of contracting and payment;

               14.

               Acknowledges that the evaluation of the Call for Proposal 2010 was carried out by 32 independent experts and a chairperson, and that two independent observers monitored that the evaluation procedure was carried out in a fair, impartial and confidential manner; calls on the Joint Undertaking to inform the discharge authority on the verification mechanisms that it implements to ensure the full independence of experts and observers and therefore to mitigate the risks of conflicts of interests during the evaluation of tenders;

      Lack of host State agreement

               15.

               Reiterates that the Joint Undertaking should rapidly conclude a host agreement with Belgium concerning office accommodation, privileges and immunities and other support to be provided by Belgium to it as provided by its Founding Regulation (EC) No 521/2008;

      Horizontal observations on the Joint Undertakings

               16.

               Underlines that seven Joint Undertakings have so far been established by the Commission under Article 187 of the Treaty on the Functioning of the European Union; notes that six Joint Undertakings (IMI, Artemis, ENIAC, Clean Sky, FCH and ITER-F4E) are in the research area under the Commission’s DGs RTD and INFSO and one is charged with developing the new air traffic management system (SESAR) in the transport domain whose activities are supervised by DG MOVE;

               17.

               Notes that the total indicative resources deemed necessary for the Joint Undertakings for their period of existence amounts to EUR 21 793 000 000;

               18.

               Notes that the total Union contribution deemed necessary for the Joint Undertakings for their period of existence amounts to EUR 11 489 000 000;

               19.

               Notes that, for the financial year 2010, the overall Union contribution to the budget of the Joint Undertakings amounted to EUR 505 000 000;

               20.

               Calls on the European Commission to provide the discharge authority annually with consolidated information on the total annual funding per Joint Undertaking made from the general budget of the Union in order to ensure transparency and clarity on the use of the Union’s funds and restore trust among the European taxpayers;

               21.

               Welcomes the initiative of Artemis to include information in its AAR on the monitoring and review of its ongoing projects; believes this is a practice that should be followed by the other Joint Undertakings;

               22.

               Recalls that Joint Undertakings are public-private partnerships and that as a consequence public and private interests are intertwined; is of the opinion that under the circumstances the likelihood of conflicts of interest should not be dismissed but addressed properly; calls therefore on the Joint Undertakings to inform the discharge authority about the verification mechanisms which exist in their respective structures to enable a proper management and prevention of conflicts of interest;

               23.

               Notes, with the notable exception of the Joint Undertaking for ITER and the Development of Fusion Energy, that Joint Undertakings are relatively small structures and geographically-concentrated; believes therefore that they should pool their resources where possible;

               24.

               Calls on the Court of Auditors to provide the discharge authority with a follow-up on the comments it has made for each of the Joint Undertakings in their respective report on the annual accounts for the financial year 2011;

               25.

               Invites the Court of Auditors to provide, within a reasonable deadline, a special report to Parliament, on the added value of the establishment of the Joint Undertakings for the efficient execution of Union research, technological development and demonstration programmes; further notes that the same report should include an assessment of the effectiveness of the Joint Undertakings’ establishment.

      (1)  OJ C 368, 16.12.2011, p. 40.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 153, 12.6.2008, p. 1.

      (4)  OJ L 302, 19.11.2011, p. 3.

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


Avis juridique important

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31999D0439

1999/439/EC: Council Decision of 17 May 1999 on the conclusion of the Agreement with the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis

Official Journal L 176 , 10/07/1999 P. 0035 - 0035

COUNCIL DECISIONof 17 May 1999on the conclusion of the Agreement with the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis(1999/439/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to Article 6(1) of the Protocol, annexed by the Treaty of Amsterdam to the Treaty on European Union and to the Treaty establishing the European Community integrating the Schengen acquis into the framework of the European Union;HAS DECIDED AS FOLLOWS:Sole ArticleThe Agreement with the Republic of Iceland and the Kingdom of Norway concerning the latters' association with the implementation, application and development of the Schengen acquis, including the Annexes, its Final Act, Declarations and the Exchanges of Letters annexed thereto are hereby approved.The text of the acts referred to in the first subparagraph is attached to this Decision.Done at Brussels, 17 May 1999.For the CouncilThe PresidentJ. FISCHER


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32002D0924

2002/924/Euratom: Commission Decision of 23 July 1999 on the conclusion of two cooperation agreements between the European Atomic Energy Community and the Cabinet of Ministers of Ukraine in the field of nuclear safety and in the field of controlled nuclear fusion (notified under document number C(1999) 2405)

Official Journal L 322 , 27/11/2002 P. 0032 - 0046

Commission Decisionof 23 July 1999on the conclusion of two cooperation agreements between the European Atomic Energy Community and the Cabinet of Ministers of Ukraine in the field of nuclear safety and in the field of controlled nuclear fusion(notified under document number C(1999) 2405)(2002/924/Euratom)THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Atomic Energy Community and in particular the second paragraph of Article 101 thereof,Having regard to the approval of the Council,Whereas the two agreements between the European Atomic Energy Community and the Cabinet of Ministers of Ukraine in the field of nuclear safety and in the field of nuclear fusion must be concluded,HAS DECIDED AS FOLLOWS:Sole ArticleThe two agreements between the European Atomic Energy Community and the Cabinet of Ministers of Ukraine in the field of nuclear safety and in the field of controlled nuclear fusion are hereby concluded on behalf of the European Atomic Energy Community.The text of the two Agreements are attached to this Decision.Done at Brussels, 23 July 1999.For the CommissionHans Van Den BroekMember of the Commission


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31982D0497

82/497/EEC: Council Decision of 19 July 1982 on the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the Federative Republic of Brazil concerning imports of manioc from Brazil and from other supplier countries which are members of the General Agreement on tariffs and trade (GATT)

Official Journal L 219 , 28/07/1982 P. 0058 - 0058 Finnish special edition: Chapter 11 Volume 10 P. 0127  Spanish special edition: Chapter 03 Volume 26 P. 0012  Swedish special edition: Chapter 11 Volume 10 P. 0127  Portuguese special edition Chapter 03 Volume 26 P. 0012

*****COUNCIL  DECISION  of 19 July 1982  on the conclusion of the Agreement in the form of an exchange of letters between the European Economic Community and the Federative Republic of Brazil concerning imports of manioc from Brazil and from other supplier countries which are members of the General Agreement on tariffs and trade (GATT)  (82/497/EEC)  THE COUNCIL OF THE EUROPEAN  COMMUNITIES,  Having regard to the Treaty establishing the European Economic Community, and in particular Article 113 thereof,  Having regard to the recommendation from the Commission,  Whereas, in the light of Community market trends for certain agricultural products, measures should be taken to achieve greater stability on the market, in particular in respect of manioc;  Whereas to that end negotiations were conducted in accordance with Article XXVIII of GATT with a view to suspending temporarily the Community's tariff concession in respect of imports of products falling within subheading 07.06 A of the Common Customs Tariff;  Whereas in those negotiations agreement has been reached with Brazil in its capacity of initial negotiator;  Whereas the Agreement allows the Community to restrict the quantities of products falling within subheading 07.06 A of the Common Customs Tariff which may be imported under the levy which is fixed at a maximum of 6 % ad valorem,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement in the form of an exchange of letters between the European Economic Community and the Federative Republic of Brazil concerning imports of manioc from Brazil and from other supplier countries which are members of GATT is hereby approved on behalf of the Community.  The text of the Agreement is attached to this Decision.  Article 2  The President of the Council is hereby authorized to designate the person empowered to sign the Agreement in order to bind the Community.  Done at Brussels, 19 July 1982.  For the Council  The President  K. OLESEN


71/90/EEC: Commission Decision of 1 February 1971 concerning the Advisory Committee on Oils and Fats


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31999D0061

1999/61/EC: Council Decision of 14 December 1998 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the results of the World Trade Organisation negotiations on financial services

Official Journal L 020 , 27/01/1999 P. 0038 - 0039

COUNCIL DECISION of 14 December 1998 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the results of the World Trade Organisation negotiations on financial services (1999/61/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Articles 54, 57, 63, 66, 73b to 73f, 99, 100, 100a and 113, in conjunction with the second sentence of Article 228(2) and the first subparagraph of Article 228(3) thereof,Having regard to the proposal from the Commission (1),Having regard to the opinion of the European Parliament (2),Having regard to the opinion of the Economic and Social Committee (3),Whereas the Marrakesh Agreement establishing the World Trade Organisation (WTO) and its related agreements as well as the Ministerial Decisions and Declarations and the Understanding on commitments in financial services were approved by Council Decision 94/800/EC of 22 December 1994 concerning the conclusion on behalf of the European Community, as regards matters within its competence, of the agreements reached in the Uruguay Round multilateral negotiations (1986-1994) (4);Whereas the overall commitments on financial services negotiated by the Commission, on behalf of the European Community and its Member States, constitute a satisfactory and balanced outcome of the negotiations;Whereas on 12 December 1997 the Council approved, subject to definitive approval after completion of internal procedures, the final schedule of commitments of the European Communities and its Member States (GATS/SC/31/Suppl. 4), and authorised the Commission to submit that list, on behalf of the European Community and its Member States, to the WTO;Whereas on the same date the Council authorised the Commission to approve, on behalf of the European Community and its Member States, the final result of the negotiations as set out in the Fifth Protocol to the GATS (S/L/45), the Decision adopting that Protocol (S/L/44) and the Decision on commitments in financial services (S/L/50);Whereas the competence of the Community to conclude international agreements derives not only from explicit conferral by the Treaty but may also derive from other provisions of the Treaty and from acts adopted pursuant to those provisions by Community institutions;Whereas, where Community rules have been adopted in order to achieve the aims of the Treaty, Member States may not, outside the framework of the common institutions, enter into commitments liable to affect those rules or alter their scope;Whereas some commitments on financial services fall within the competence of the Community under Article 113 of the Treaty; whereas, furthermore, other commitments on financial services affect Community rules adopted on the basis of Articles 54, 57, 63, 66, 99, 100 and 100a and may therefore only be entered into by the Community alone;Whereas, in particular, the use of Article 100 of the Treaty as a legal base for this Decision is justified to the extent that the aforementioned commitments on financial services affect Council Directive 90/434/EEC of 23 July 1990 on the common system of taxation applicable to mergers, divisions, transfers of assets and exchanges of shares concerning companies of different Member States (5) and Council Directive 90/435/EEC of 23 July 1990 on the common system of taxation applicable in the case of parent companies and subsidiaries of different Member States (6), which are based on Article 100 of the Treaty;Whereas, with regard to capital movement commitments contained in the list of specific commitments of the Community and of the Member States and in the present state of Community law, there is a general competence of the Community; whereas Member States however remain competent to act within the limits laid down by the provisions of Article 73c of the Treaty;Whereas, by their nature, the Agreement establishing the World Trade Organisation and the Protocols to the General Agreement on Trade in Services are not likely to be directly invoked before Community or Member States' courts,HAS DECIDED AS FOLLOWS:Article 1 1. The Fifth Protocol to the General Agreement on Trade in Services concerning financial services (S/L/45) is hereby approved on behalf of the Community with regard to that portion of it which falls within the competence of the Community.2. The text of the Fifth Protocol, together with the schedule of specific commitments (GATS/SC/31/Suppl. 4) and the list of the exemptions from Article II of the General Agreement on Trade in Services (GATS/EL/31) of the Community and the Member States concerning financial services are attached to this Decision, as are also the following Decisions:- the Decision of the Committee on Trade on Financial Services adopting the Fifth Protocol to the General Agreement on Trade in Services (S/L/44),- the Decision of the Council for Trade in Services of December 1997 on commitments in financial services (S/L/50).3. The President of the Council is hereby authorised to designate the person empowered to sign the Fifth Protocol to the General Agreement on Trade in Services in order to bind the European Community with regard to that portion of the Protocol falling within its competence.Done at Brussels, 14 December 1998.For the CouncilThe PresidentW. MOLTERER(1) OJ C 400, 22. 12. 1998, p. 26.(2) OJ C 379, 7. 12. 1998.(3) OJ C 407, 28. 12. 1998, p. 279.(4) OJ L 336, 23. 12. 1994, p. 1.(5) OJ L 225, 20. 8. 1990, p. 1.(6) OJ L 225, 20. 8. 1990, p. 6.


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31979D0033

79/33/EEC: Council Decision of 18 December 1978 concerning the conclusion of the Fifth International Tin Agreement

Official Journal L 010 , 16/01/1979 P. 0011 Greek special edition: Chapter 11 Volume 13 P. 0190

****( 1 ) OJ NO L 222 , 14 . 8 . 1976 , P . 1 .    COUNCIL DECISION   OF 18 DECEMBER 1978   CONCERNING THE CONCLUSION OF THE FIFTH INTERNATIONAL TIN AGREEMENT  ( 79/33/EEC )   THE COUNCIL OF THE EUROPEAN COMMUNITIES ,   HAVING REGARD TO THE TREATY ESTABLISHING THE EUROPEAN ECONOMIC COMMUNITY , AND IN PARTICULAR ARTICLE 113 THEREOF ,   HAVING REGARD TO THE RECOMMENDATION FROM THE COMMISSION ,   WHEREAS THE FIFTH INTERNATIONAL TIN AGREEMENT WAS SIGNED ON BEHALF OF THE COMMUNITY ON 29 APRIL 1976 , SUBJECT TO ITS APPROVAL ;   WHEREAS IN ACCORDANCE WITH DECISION 76/626/EEC ( 1 ), THE COMMUNITY APPLIES THIS AGREEMENT PROVISIONALLY PURSUANT TO ARTICLE 50 THEREOF ;   WHEREAS THE AGREEMENT ENTERED INTO FORCE PROVISIONALLY ON 1 JULY 1976 AND DEFINITIVELY ON 14 JUNE 1977 ;   WHEREAS THE COMMUNITY SHOULD APPROVE THE FIFTH INTERNATIONAL TIN AGREEMENT IN ACCORDANCE WITH ARTICLE 48 THEREOF ,   HAS DECIDED AS FOLLOWS :   ARTICLE 1   THE FIFTH INTERNATIONAL TIN AGREEMENT IS HEREBY APPROVED ON BEHALF OF THE EUROPEAN ECONOMIC COMMUNITY .   THE TEXT OF THIS AGREEMENT IS ANNEXED TO DECISION 76/626/EEC .   ARTICLE 2   THE PRESIDENT OF THE COUNCIL IS HEREBY AUTHORIZED TO DESIGNATE THE PERSON EMPOWERED TO DEPOSIT THE INSTRUMENT OF APPROVAL .   DONE AT BRUSSELS , 18 DECEMBER 1978 .   FOR THE COUNCIL   THE PRESIDENT   H.-D . GENSCHER


title: 2005/84/Euratom:Council Decision of 24 January 2005 approving the accession of the European Atomic Energy Community to the ‘Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management’

text:
               3.2.2005

               EN

               Official Journal of the European Union

               L 30/10

      COUNCIL DECISION

   of 24 January 2005
   approving the accession of the European Atomic Energy Community to the ‘Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management’
   (2005/84/Euratom)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               The Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management was open for signature from 29 September 1997 until its entry into force on 18 June 2001.

               (2)

               This Convention is now open for accession by regional organisations of an integration or other nature, provided that any such organisation is constituted by sovereign States and has competence in respect of the negotiation, conclusion and application of international agreements in matters covered by this Convention and the Community has chosen to accede.

               (3)

               In view of the tasks assigned to the Community by Chapter 3 ‘Health and Safety’ of the Treaty establishing the European Atomic Energy Community, the accession of the European Atomic Energy Community to the Joint Convention should be approved.

               (4)

               When acceding to this Convention the European Atomic Energy Community will have to put forward a reservation with regard to the non-compliance of Article 12(1) of the Directive 92/3/Euratom on the supervision and control of shipments of radioactive waste between Member States and into and out of the Community (1) with the specific requirement in Article 27(1)(i) of the Joint Convention which requires the consent of the state of destination in the framework of transboundary movements.

               (5)

               When becoming party to this Convention, Article 39(4)(iii) of this Convention obliges such an organisation to communicate to the Depositary a declaration indicating which States are members thereof, which Articles of this Convention apply to it, and the extent of its competence in the field covered by those articles.

               (6)

               The competences, under the Joint Convention, of Member States as contracting parties to it will not be affected by the Community accession,

         HAS DECIDED AS FOLLOWS:
   Sole article
   1.   The accession of the European Atomic Energy Community to the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management is hereby approved.
   2.   The text of the declaration by the European Atomic Energy Community according to the provisions of Article 39(4)(iii) of the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management is attached to the present Decision.

      Done at Brussels, 24 January 2005.

            For the Council

            The President

         F. BODEN

      (1)  OJ L 35, 12.2.1992, p. 24.

      ANNEX
      Declaration by the European Atomic Energy Community According to the provisions of Article 39(4)(iii) of the Joint Convention on the Safety of Spent Fuel Management and on the Safety of Radioactive Waste Management
      The following States are presently members of the European Atomic Energy Community: the Kingdom of Belgium, the Czech Republic, the Kingdom of Denmark, the Federal Republic of Germany, the Republic of Estonia, the Hellenic Republic, the Kingdom of Spain, the French Republic, Ireland, the Italian Republic, the Republic of Cyprus, the Republic of Latvia, the Republic of Lithuania, the Grand Duchy of Luxembourg, the Republic of Hungary, the Republic of Malta, the Kingdom of the Netherlands, the Republic of Austria, the Republic of Poland, the Portuguese Republic, the Republic of Slovenia, the Slovak Republic, the Republic of Finland, the Kingdom of Sweden, the United Kingdom of Great Britain and Northern Ireland.
      The Community declares that Articles 1 to 16, 18, 19, 21 and 24 to 44 of the Joint Convention apply to it.
      The Community possesses competences, shared with the abovementioned Member States, in the fields covered by Articles 4, 6 to 11, 13 to 16, 19 and 24 to 28 of the Joint Convention as provided by the Treaty establishing the European Atomic Energy Community in Article 2(b) and the relevant Articles of Title II, Chapter 3, entitled ‘Health and Safety’.


title: Council Decision 2014/183/CFSP of 1 April 2014 on the launch of a European Union military operation in the Central African Republic (EUFOR RCA)

text:
               3.4.2014

               EN

               Official Journal of the European Union

               L 100/12

         COUNCIL DECISION 2014/183/CFSP
   of 1 April 2014
   on the launch of a European Union military operation in the Central African Republic (EUFOR RCA)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Articles 42(4) and 43(2) 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 4 thereof,
   Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 10 February 2014, the Council adopted Decision 2014/73/CFSP.

               (2)

               On 17 March 2014, the Council approved the Operation Plan and the Rules of Engagement of EUFOR RCA.

               (3)

               Following the recommendation of the EU Operation Commander, EUFOR RCA should be launched.

               (4)

               In accordance with Article 5 of the 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 implementation of decisions and actions of the Union which have defence implications. Consequently, Denmark is not participating in the adoption of this Decision, and is neither bound by it nor subject to its application,

         HAS ADOPTED THIS DECISION:
   Article 1
   The EU military operation in the Central African Republic (‘EUFOR RCA’) shall be launched.
   Article 2
   The EU Operation Commander of EUFOR RCA is hereby authorised with immediate effect to start execution of the operation.
   Article 3
   This Decision shall enter into force on the day of its adoption.

      Done at Brussels, 1 April 2014.

            For the Council

            The President

         D. KOURKOULAS

      (1)  OJ L 40, 11.2.2014, p. 59.


title: Council Decision (CFSP) 2016/2082 of 28 November 2016 amending Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast

text:
                  29.11.2016

                  EN

                  Official Journal of the European Union

                  L 321/53

            COUNCIL DECISION (CFSP) 2016/2082
      of 28 November 2016
      amending Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast
      THE COUNCIL OF THE EUROPEAN UNION,
      Having regard to the Treaty on European Union, and in particular Articles 42(4) and 43(2) thereof,
      Having regard to the proposal from the High Representative of the Union for Foreign Affairs and Security Policy,
      Whereas:

                  (1)

                  On 10 November 2008, the Council adopted Joint Action 2008/851/CFSP (1) establishing the EU military operation Atalanta (‘Atalanta’).

                  (2)

                  On 21 November 2014, Council Decision 2014/827/CFSP (2) amended Joint Action 2008/851/CFSP and extended Atalanta until 12 December 2016.

                  (3)

                  Atalanta's 2016 strategic review has led to the conclusion that Atalanta's mandate should be extended to December 2018.

                  (4)

                  Joint Action 2008/851/CFSP should be amended accordingly.

                  (5)

                  In accordance with Article 5 of the Protocol on the position of Denmark, annexed to the Treaty on European Union and to the Treaty on the Functioning of the European Union, Denmark does not participate in the elaboration and the implementation of decisions and actions of the Union which have defence implications. Denmark does not participate in the implementation of this Decision and therefore does not participate in the financing of this operation,

            HAS ADOPTED THIS DECISION:
      Article 1
      Joint Action 2008/851/CFSP is hereby amended as follows:

                  (1)

                  in Article 14, the following paragraph is added:
                  ‘5.   The financial reference amount for the common costs of the EU military operation for the period from 13 December 2016 until 31 December 2018 shall be EUR 11 064 000. The percentage of the reference amount referred to in Article 25(1) of Council Decision (CFSP) 2015/528 (*1) shall be 0 %.

                     (*1)  Council Decision (CFSP) 2015/528 of 27 March 2015 establishing a mechanism to administer the financing of the common costs of European Union operations having military or defence implications (Athena) and repealing Decision 2011/871/CFSP (OJ L 84, 28.3.2015, p. 39).’;"

                  (2)

                  in Article 16, paragraph 3 is replaced by the following:
                  ‘3.   The EU military operation shall terminate on 31 December 2018.’.

            Article 2
      This Decision shall enter into force on the date of its adoption.

         Done at Brussels, 28 November 2016.

               For the Council

               The President

            F. MOGHERINI

         (1)  Council Joint Action 2008/851/CFSP of 10 November 2008 on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (OJ L 301, 12.11.2008, p. 33).

         (2)  Council Decision 2014/827/CFSP of 21 November 2014 amending Joint Action 2008/851/CFSP on a European Union military operation to contribute to the deterrence, prevention and repression of acts of piracy and armed robbery off the Somali coast (OJ L 335, 22.11.2014, p. 19).