title: 2004/912/EC: Council Decision of 25 October 2004 on the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Swiss Confederation on the date of application of the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments

text:
               29.12.2004

               EN

               Official Journal of the European Union

               L 385/50

         COUNCIL DECISION
   of 25 October 2004
   on the conclusion of the Agreement in the form of an Exchange of Letters between the European Community and the Swiss Confederation on the date of application of the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments
   (2004/912/EC)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular Article 94 in conjunction with Article 300(2) thereof,
   Having regard to the proposal from the Commission,
   Whereas:

               (1)

               Article 17(2) of the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments provides that, subject to the conditions set out therein, Switzerland and where applicable the Community shall effectively implement and apply this Agreement from 1 January 2005.

               (2)

               Pursuant to Article 18(1), the application of the Agreement is conditional on the adoption and implementation by certain dependent or associated territories of the Member States and by the United States of America, Andorra, Liechtenstein, Monaco and San Marino respectively of measures which conform with or are equivalent to those contained in the Directive or the Agreement. Under Article 18(2), if the Contracting Parties do not, at least six months prior to the date referred to in Article 17(2) (1 January 2005), decide that the condition will be met, they shall, by common accord, adopt a new date for the purposes of Article 17(2). No such decision was taken.

               (3)

               Not all the third countries in question will be in a position to implement the measures referred to in Article 18(1) by 1 January 2005. Moreover, it will only be possible for Switzerland to implement and apply this Agreement from 1 July 2005 and this on the condition that Swiss constitutional requirements will be met by that date. It appears that each of the third countries and dependent or associated territories referred to in Article 18(1) of the Agreement will also be able to meet the conditions set out in that paragraph by 1 July 2005.

               (4)

               The date of 1 July 2005 should therefore be adopted as the new date for the purposes of Article 17(2) of the Agreement, in accordance with Article 18(2) of the Agreement.

               (5)

               The Agreement in the form of an Exchange of Letters providing for a new date of application of the Agreement on taxation of savings income in the form of interest payments should be approved,

         HAS DECIDED AS FOLLOWS:
   Article 1
   The Agreement in the form of an Exchange of Letters between the European Community and the Swiss Confederation on the date of application of the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments is hereby approved on behalf of the Community.
   The text of the Agreement in the form of an Exchange of Letters is attached to this Decision.
   Article 2
   The President of the Council is hereby authorised to designate the person(s) empowered to sign the Agreement in order to bind the Community.

      Done at Luxembourg, 25 October 2004.

            For the Council

            The President

         R. VERDONK

   AGREEMENT
   in the form of an Exchange of Letters between the European Community and the Swiss Confederation on the date of application of the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC of 3 June 2003 on taxation of savings income in the form of interest payments
   Sir,
   I have the honour to refer to the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments. The Agreement, which will be ratified or approved by the Contracting Parties in accordance with their own procedures, will be applied from a date determined in accordance with the procedure set out in Article 18(2) of the Agreement.
   Article 18(2) provides that the Contracting Parties shall decide by common accord at least six months before the date referred to in Article 17(2) of the Agreement (1 January 2005) whether the condition set out in article 18(1) of the Agreement will be met and if they do not decide that the condition will be met shall adopt, by common accord, a new date for application of the Agreement.
   Article 18(1) provides that the application of the Agreement will be conditional on the adoption and implementation by the dependent or associated territories of the Member States mentioned in the report of the Council (Economic and Financial Questions) to the European Council of Santa Maria da Feira of 19 and 20 June 2000, as well as by the United States of America, Andorra, Liechtenstein, Monaco and San Marino respectively of measures which conform with or are equivalent to those contained in the Directive or the Agreement, with the exception of Article 15 of the Agreement, and providing for the same dates of implementation.
   On the basis of the negotiations that have taken place between the European Community and the Swiss Confederation I understand that it will in accordance with Article 17(2) of the Agreement only be possible for the Swiss Confederation to apply the Agreement from 1 July 2005 and this on the understanding that Swiss constitutional requirements will be met by that date.
   I request your confirmation that the date of 1 July 2005 is acceptable to you as the new date for application of the Agreement as provided for in Article 18(2) of the Agreement and that the Swiss Government will do its utmost to ensure that this date will be respected. I also request you to confirm that on the basis of the information provided in the negotiations held on 21 June 2004, and without prejudice to the next paragraph the Swiss Confederation accepts that the conditions of Article 18(1) will be met.
   I accept that Switzerland is obliged to apply the provisions of the Agreement as from 1 July 2005 only if all EU Member States and each of the countries and territories mentioned in Article 18(1) of the Agreement apply the savings tax measures mentioned therein from that same date. The same condition shall also apply for each EU Member State.
   Please accept, Sir, the assurance of our highest consideration,
   Hecho en Luxemburgo, el
   V Lucemburku dne
   Udfærdiget i Luxembourg, den
   Geschehen zu Luxemburg am
   Luxembourg,
   Έγινε στις Λουξεμβούργο, στις
   Done at Luxembourg,
   Fait à Luxembourg, le
   Fatto a Lussembourgo, addì
   Luksemburgā,
   Priimta Liuksemburge,
   Kelt Luxembourgban,
   Magħmul fil-Lussemburgu,
   Gedaan te Luxemburg,
   Sporzÿdzono w Luksemburgu, dnia
   Feito em Luxemburgo,
   V Luxemburgu
   V Luxembourgu,
   Tehty Luxemburgissa
   Utfärdat i Luxemburg den

      Por la Comunidad Europea
      Za Evropské společenství
      For Det Europæiske Fællesskab
      Für die Europäische Gemeinschaft
      Euroopa Ühenduse nimel
      Για την Ευρωπαϊκή Κοινότητα
      For the European Community
      Pour la Communauté européenne
      Per la Comunità europea
      Eiropas Kopienas vārdā
      Europos bendrijos vardu
      az Európai Közösség részéről
      Għall-Komunità Ewropea
      Voor de Europese Gemeenschap
      W imieniu Wspólnoty Europejskiej
      Pela Comunidade Europeia
      Za Európske spoločenstvo
      za Evropsko skupnost
      Euroopan yhteisön puolesta
      På Europeiska gemenskapens vägnar

   Sir,
   I have the honour to acknowledge receipt of your letter of today's date, which reads as follows:

      ‘Sir,
      I have the honour to refer to the Agreement between the European Community and the Swiss Confederation providing for measures equivalent to those laid down in Council Directive 2003/48/EC on taxation of savings income in the form of interest payments. The Agreement, which will be ratified or approved by the Contracting Parties in accordance with their own procedures, will be applied from a date determined in accordance with the procedure set out in Article 18(2) of the Agreement.
      Article 18(2) provides that the Contracting Parties shall decide by common accord at least six months before the date referred to in Article 17(2) of the Agreement (1 January 2005) whether the condition set out in article 18(1) of the Agreement will be met and if they do not decide that the condition will be met shall adopt, by common accord, a new date for application of the Agreement.
      Article 18(1) provides that the application of the Agreement will be conditional on the adoption and implementation by the dependent or associated territories of the Member States mentioned in the report of the Council (Economic and Financial Questions) to the European Council of Santa Maria da Feira of 19 and 20 June 2000, as well as by the United States of America, Andorra, Liechtenstein, Monaco and San Marino respectively of measures which conform with or are equivalent to those contained in the Directive or the Agreement, with the exception of Article 15 of the Agreement, and providing for the same dates of implementation.
      On the basis of the negotiations that have taken place between the European Community and the Swiss Confederation I understand that it will in accordance with Article 17(2) of the Agreement only be possible for the Swiss Confederation to apply the Agreement from 1 July 2005 and this on the understanding that Swiss constitutional requirements will be met by that date.
      I request your confirmation that the date of 1 July 2005 is acceptable to you as the new date for application of the Agreement as provided for in Article 18(2) of the Agreement and that the Swiss Government will do its utmost to ensure that this date will be respected. I also request you to confirm that on the basis of the information provided in the negotiations held on 21 June 2004, and without prejudice to the next paragraph the Swiss Confederation accepts that the conditions of Article 18(1) will be met.
      I accept that Switzerland is obliged to apply the provisions of the Agreement as from 1 July 2005 only if all EU Member States and each of the countries and territories mentioned in Article 18(1) of the Agreement apply the savings tax measures mentioned therein from that same date. The same condition shall also apply for each EU Member State.
      Please accept, Sir, the assurance of our highest consideration,’.

   On the basis of the negotiations that have taken place between the European Community and the Swiss Confederation I am able to confirm the agreement of the Swiss Confederation to a new date of application of the aforementioned Agreement of 1 July 2005 on the condition that Swiss constitutional requirements will be met by that date. I confirm that the Swiss Government will do its utmost to ensure that this date will be respected.
   I confirm that subject to technical verification by my services of the information provided in the negotiations held on 21 June 2004, which will be confirmed by me in advance of the signing of the Agreement on the basis of finalised versions of the appropriate agreements, the Swiss Confederation accepts that the conditions of Article 18(1) will be met without prejudice to the point made in the following paragraph.
   I agree that Switzerland is obliged to apply the provisions of the Agreement as from 1 July 2005 only if all EU Member States and each of the countries and territories mentioned in Article 18(1) of the Agreement apply the savings tax measures mentioned therein from that same date. I accept that the same condition shall also apply for each EU Member State.
   Please accept, Sir, the assurance of our highest consideration,
   Geschehen zu Luxemburg am
   Fait à Luxembourg, le
   Fatto a Lussembourgo, addì
   Hecho en Luxemburgo, el
   V Lucemburku dne
   Udfærdiget i Luxembourg, den
   Luxembourg,
   Έγινε στις Λουξεμβούργο, στις
   Done at Luxembourg,
   Luksemburgā,
   Priimta Liuksemburge,
   Kelt Luxembourgban,
   Magħmul fil-Lussemburgu,
   Gedaan te Luxemburg,
   Sporzÿdzono w Luksemburgu, dnia
   Feito em Luxemburgo,
   V Luxemburgu
   V Luxembourgu,
   Tehty Luxemburgissa
   Utfärdat i Luxemburg den

      Für die Schweizerische Eidgenossenschaft
      Pour la Confédération suisse
      Per la Confederazione svizzera


title: Decision No S3 of 12 June 2009 defining the benefits covered by Articles 19(1) and 27(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council and Article 25(A)(3) of Regulation (EC) No 987/2009 of the European Parliament and of the Council Text of relevance to the EEA and to the EC/Switzerland Agreement

text:
               24.4.2010

               EN

               Official Journal of the European Union

               C 106/40

         DECISION No S3
   of 12 June 2009
   defining the benefits covered by Articles 19(1) and 27(1) of Regulation (EC) No 883/2004 of the European Parliament and of the Council and Article 25(A)(3) of Regulation (EC) No 987/2009 of the European Parliament and of the Council
   (Text of relevance to the EEA and to the EC/Switzerland Agreement)
   2010/C 106/10
   THE ADMINISTRATIVE COMMISSION FOR THE COORDINATION OF SOCIAL SECURITY SYSTEMS,
   Having regard to Article 72(a) of Regulation (EC) No 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems (1), under which the Administrative Commission is responsible for dealing with all administrative questions or questions of interpretation arising from the provisions of Regulation (EC) No 883/2004 and Regulation (EC) No 987/2009 of the European Parliament and of the Council of 16 September 2009 laying down the procedure for implementing Regulation (EC) No 883/2004 on the coordination of social security systems (2),
   Having regard to Articles 19 and 27 of Regulation (EC) No 883/2004 concerning benefits in kind during a temporary stay in a Member State other than the competent State,
   Having regard to Article 25(A)(3) of Regulation (EC) No 987/2009,
   Whereas:

               (1)

               According to Articles 19(1) and 27(1) of Regulation (EC) No 883/2004, an insured person is entitled to receive during a temporary stay in a Member State other than the State of residence, benefits in kind which become medically necessary, taking into account the nature of these benefits and the length of stay.

               (2)

               According to Article 25(A)(3) of Regulation (EC) No 987/2009, the benefits referred to in Article 19(1) of Regulation (EC) No 883/2004 shall refer to the benefits in kind which are provided in the Member State of stay, in accordance with its legislation, and which become necessary on medical grounds with a view to preventing an insured person from being forced to return, before the end of the planned duration of stay, to the competent Member State to obtain the necessary treatment.

               (3)

               Article 25(A)(3) of Regulation (EC) No 987/2009 has to be interpreted in such a way that all benefits in kind provided in conjunction with chronic or existing illnesses are covered by this provision. The Court of Justice ruled (3) that the concept of ‘necessary treatment’ cannot be interpreted as ‘meaning that those benefits are limited solely to cases where the treatment provided has become necessary because of a sudden illness. In particular, the circumstance that a treatment necessitated by developments in the insured person’s state of health during his temporary stay in another Member State may be linked to a pre-existed pathology of which he is aware, such as a chronic illness, does not mean that the conditions for the application of these provisions are not fulfilled’.

               (4)

               Article 25(A)(3) of Regulation (EC) No 987/2009 has to be interpreted in such a way that benefits in kind provided in conjunction with pregnancy and childbirth are covered by this provision. However, this provision does not cover the situation where the aim of the temporary stay abroad is to give birth.

               (5)

               Pursuant to Article 19(2) of Regulation (EC) No 883/2004, the Administrative Commission has been instructed to draw up a list of benefits in kind which, in order to be provided during a stay in another Member State, require for practical reasons a prior agreement between the person concerned and the institution providing the care.

               (6)

               The objective of the prior agreement provided for in Article 19(2) of Regulation (EC) No 883/2004 is to guarantee the continuity of the treatment needed by an insured person during a stay in another Member State.

               (7)

               In the light of this objective, the essential criteria for defining the benefits in kind requiring a prior agreement between the patient and the unit providing care in another Member State are the vital nature of the medical treatment and the fact that this treatment is accessible only in specialised medical units and/or by specialised staff or/and equipment. A non-exhaustive list based on these criteria is given in the Annex to this Decision.
               Acting in accordance with the conditions laid down in Article 71(2) of Regulation (EC) No 883/2004,

         HAS DECIDED AS FOLLOWS:

               1.

               The benefits in kind to be provided under Articles 19(1) and 27(1) of Regulation (EC) No 883/2004 and Article 25(A)(3) of Regulation (EC) No 987/2009 shall include benefits provided in conjunction with chronic or existing illnesses as well as in conjunction with pregnancy and childbirth.

               2.

               Benefits in kind, including those in conjunction with chronic or existing illnesses or in conjunction with childbirth, are not covered by these provisions when the objective of the stay in another Member State is to receive these treatments.

               3.

               Any vital medical treatment which is only accessible in a specialised medical unit and/or by specialised staff and/or equipment must in principle be subject to a prior agreement between the insured person and the unit providing the treatment in order to ensure that the treatment is available during the insured person’s stay in a Member State other than the competent Member State or the one of residence.
               A non-exhaustive list of the treatments which fulfil these criteria is given in the Annex hereto.

               4.

               This Decision shall be published in the Official Journal of the European Union. It shall apply from the date of entry into force of Regulation (EC) No 987/2009.

            The Chair of the Administrative Commission

         Gabriela PIKOROVÁ

      (1)  OJ L 166, 30.4.2004, p. 1.

      (2)  OJ L 284, 30.10.2009, p. 1.

      (3)  Case C-326/00, Ioannidis, judgement of 25 February 2003.

      ANNEX

                  —

                  kidney dialysis

                  —

                  oxygen therapy

                  —

                  special asthma treatment

                  —

                  echocardiography in case of chronic autoimmune diseases

                  —

                  chemotherapy


title: Commission Decision of 10 June 2014 on appointing members of the Committee for Orphan Medicinal Products  Text with EEA relevance

text:
               11.6.2014

               EN

               Official Journal of the European Union

               C 176/4

         COMMISSION DECISION
   of 10 June 2014
   on appointing members of the Committee for Orphan Medicinal Products
   (Text with EEA relevance)
   2014/C 176/04
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on the Functioning of the European Union,
   Having regard to Regulation (EC) No 141/2000 of the European Parliament and of the Council of 16 December 1999 on orphan medicinal products (1), and in particular Article 4(3) thereof,
   Having regard to the recommendation of the European Medicines Agency of 14 March 2014,
   Whereas:

               (1)

               One member of the Committee appointed by the Commission on the basis of a recommendation from the European Medicines Agency was elected as the COMP Chair on 4 September 2012. One other member appointed by the Commission on the basis of the recommendation from the European Medicines Agency resigned on 16 May 2013. It is necessary, therefore, to appoint two members to the Committee.

               (2)

               The European Medicines Agency has recommended two persons for nomination,

               (3)

               The members of the Committee should be appointed for a period of three years starting on 1 June 2014,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   On the recommendation of the European Medicines Agency, the following are hereby appointed members of the Committee for a term of three years, from 1 June 2014:
   Dr Ingeborg BARIŠIĆ,
   Dr Giuseppe CAPOVILLA.

      Done at Brussels, 10 June 2014.

            For the Commission,

            On behalf of the President,

         Tonio BORG

            Member of the Commission

      (1)  OJ L 18, 22.1.2000, p. 1.


Avis juridique important

|

32002D0981

2002/981/EC: Council Decision of 11 November 2002 concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Kingdom of Norway, of the other part, on Protocol 2 to the bilateral Free Trade Agreement between the European Economic Community and the Kingdom of Norway

Official Journal L 341 , 17/12/2002 P. 0063 - 0063

Council Decisionof 11 November 2002concerning the conclusion of an Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Kingdom of Norway, of the other part, on Protocol 2 to the bilateral Free Trade Agreement between the European Economic Community and the Kingdom of Norway(2002/981/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 133 in conjunction with the first sentence of Article 300(2) thereof,Having regard to the proposal from the Commission,Whereas:(1) An agreement in the form of an exchange of Letters between the European Community, of the one part, and the Kingdom of Norway, of the other part, concerning certain processed agricultural products covered by Protocol 2 to the bilateral Free Trade Agreement between the European Economic Community and the Kingdom of Norway(1), has been negotiated on a reciprocal basis in order to improve the trading arrangements and solve certain related problems.(2) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EEC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(2).(3) The Agreement should be approved,HAS DECIDED AS FOLLOWS:Article 1The Agreement in the form of an Exchange of Letters between the European Community, of the one part, and the Kingdom of Norway, of the other part, on Protocol 2 to the bilateral Free Trade Agreement between the European Economic Community and the Kingdom of Norway is hereby approved on behalf of the Community.The text of the Agreement is attached to this Decision.Article 2Rules for the application of this Decision shall be adopted by the Commission, assisted by the committee on horizontal questions concerning trade in processed agricultural products referred to in Article 16 of Regulation (EC) No 3448/93(3). Article 4 of Decision 1999/468/EC shall apply. The period laid down in Article 4(3) of that Decision shall be set at one month.Article 3The President of the Council is hereby authorised to designate the person empowered to sign the Agreement referred to in Article 1 in order to bind the Community.Done at Brussels, 11 November 2002.For the CouncilThe PresidentB. Mikkelsen(1) OJ L 171, 27.6.1973, p. 1.(2) OJ L 184, 17.7.1999, p. 23.(3) OJ L 318, 20.12.1993, p. 18. Regulation last amended by Regulation (EC) No 2580/2000 (OJ L 298, 25.11.2000, p. 5).


title: 2012/800/EU: Decision of the European Parliament of 23 October 2012 on discharge in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2010

text:
               20.12.2012

               EN

               Official Journal of the European Union

               L 350/76

         DECISION OF THE EUROPEAN PARLIAMENT
   of 23 October 2012
   on discharge in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2010
   (2012/800/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Food Safety Authority for the financial year 2010,

               —

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

               —

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

               —

               having regard to its Decision of 10 May 2012 (2) postponing the discharge decision in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2010, its accompanying Resolution and the replies by the Executive Director of the Authority,

               —

               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 (3), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council (4) establishing a European Food Safety Authority, and in particular Article 44 thereof,

               —

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

               —

               having regard to the Joint Statement on decentralised agencies and the Common Approach annexed thereto, agreed in June 2012 by the European Parliament, the Council and the Commission, resulting from the work of the Interinstitutional Working Group on decentralised agencies created in March 2009, and in particular the sections on governance, operation, programming, accountability and transparency of the Common Approach,

               —

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

               —

               having regard to the second report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0299/2012),

               1.

               Grants the Executive Director of the European Food Safety Authority discharge in respect of the implementation of the Authority’s budget for the financial year 2010;

               2.

               Sets out its observations in the resolution below;

               3.

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

            The President

         Martin SCHULZ

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 366, 15.12.2011, p. 106.

      (2)  OJ L 286, 17.10.2012, p. 367.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 31, 1.2.2002, p. 1.

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

               20.12.2012

               EN

               Official Journal of the European Union

               L 350/77

         RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 23 October 2012
   with observations forming an integral part of its Decision on discharge in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2010
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Food Safety Authority for the financial year 2010,

               —

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

               —

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

               —

               having regard to its Decision of 10 May 2012 (2) postponing the discharge decision in respect of the implementation of the budget of the European Food Safety Authority for the financial year 2010, its accompanying Resolution and the replies by the Executive Director of the Authority,

               —

               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 (3), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 178/2002 of the European Parliament and of the Council (4) establishing a European Food Safety Authority, and in particular Article 44 thereof,

               —

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

               —

               having regard to the Joint Statement on decentralised agencies and the Common Approach annexed thereto, agreed in June 2012 by the European Parliament, the Council and the Commission, resulting from the work of the Interinstitutional Working Group on decentralised agencies created in March 2009, and in particular the sections on governance, operation, programming, accountability and transparency of the Common Approach,

               —

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

               —

               having regard to the second report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A7-0299/2012),

               A.

               whereas on 10 May 2012, the European Parliament postponed its decision on the discharge and closure of the accounts of the European Food Safety Authority (‘the Authority’) for the financial year 2010,

               B.

               whereas the Authority provided extensive replies to the discharge authority by letters of 29 June 2012 and 20 August 2012,

               C.

               whereas the discharge is a valid instrument of the European Parliament in this respect, which requires a decision based on factual and substantive arguments; recalling, in this context, the existing rules, i.e. the Staff Regulations for Officials and Conditions of Employment of Other Servants of the European Community, the Financial Regulation applicable to the general budget of the European Communities, the Authority’s founding regulation and the specific policies and procedures set up by the Authority,

      Budget and financial management

               1.

               Notes the Authority’s statement that measures now adequate have been undertaken to improve financial management and that the execution rate in terms of commitment appropriations was close to 100 % in 2011;

               2.

               Welcomes the information received on the significant reductions in the Management Board meeting costs, which amounted to EUR 6 175 per member in 2010; commends in particular the reduction of expenditure by 66 % compared to 2010, realised through switching to audio streaming on demand, using English as the only language for the Management Board meetings and holding all meetings at the premises of the Authority in Parma;

      Contract management process

               3.

               Takes note that the Authority developed a ‘Grants and Procurement Tool’ to improve the monitoring of tendering process, the contracts management and the payment forecast capacity; notes that the new Database on Procurements and Grants was launched on 28 June 2012;

      Conflict of interest and transparency

               4.

               Notes that the main task of the Authority is to provide independent and transparent scientific advice on matters with a direct or indirect impact on food and feed safety;

               5.

               Draws attention to the need to take measures to safeguard the Authority’s credibility;

               6.

               Welcomes the organisation of a mandatory session on ethics and integrity for all members of the Management Board scheduled for October 2012, and calls on the Management Board to enforce effectively its code of conduct and to adopt provisions to prevent and penalise revolving-door cases in the future, in order to avoid situations similar to that which affected its former Chairperson in 2010;

               7.

               Has already addressed certain shortcomings in connection with conflicts of interest, declarations of interests and transparency; stresses that the former Chairperson of the Management Board of the Authority failed, in 2010, to declare her membership of the board of the International Life Sciences Institute (ILSI), even though the ILSI is financed by undertakings in the food, chemicals and pharmaceuticals sectors; notes that the members of the Authority’s Management Board are not appointed by the Executive Director and, hence, cannot be dismissed by the Executive Director;

               8.

               Welcomes the Authority’s commitment to propose its Management Board to elect its Chairperson by open ballot; believes that a transparent procedure will reinforce the Management Board’s accountability;

               9.

               Takes careful note of all new policies, rules, implementing measures and actions which have been set up since 2007 to avoid conflicts of interest amongst scientific experts and staff; welcomes in this regard the code of conduct of the Authority’s Management Board and their active approach in reviewing their declarations of interest, and the new rules for screening for conflicts of interest in force since July 2012, which were proactively used in the renewal of the scientific panels; is determined to monitor the effect of these actions; will continue to invite the Executive Director for exchanges of views on a regular basis, to foster the exchange of information also through the appointed contact person from amongst its members and by visiting the Authority every two years; recalls that the last visit took place in May 2012;

               10.

               Takes note that the Authority’s new policy on ‘independence and scientific decision-making processes’, together with its implementing rules, entered into force in July 2012 and that the Authority’s new definition of conflicts of interests is compatible with the OECD guidelines; notes from the Authority that its practical approach concerning an expert breaching the independence policy rules is an exclusion for a five-year period; suggests to insert a conclusive set of proportionate penalties to be part of the implementing rules of the independence policy;

               11.

               Notes that the Authority scheduled an evaluation of its independence policy by the end of 2013 and committed to consider, inter alia, the possibility to publish the outcomes of the breach of trust procedures, including the outcomes of the procedure verifying the integrity of the scientific review and to broaden and reinforce the mandate of its Committee on Conflict of Interests, for instance with a similar mandate to the Committee for Ethical Standards and Prevention of Conflict of Interest of the French Agency for Food, Environmental and Occupational Health & Safety (ANSES); expects the Authority to inform the discharge authority on this matter by the start of the next discharge procedure;

               12.

               Encourages the Authority to further strengthen its independence policy and consider adopting rules among others including penalties and publishing the curriculum vitae and declarations of interest of the in-house experts and scientists;

               13.

               Is firmly convinced that necessary steps have to be taken should cases of non-compliance with existing rules occur; believes that, in such cases, the Authority should draw up an action plan, accompanied by a precise timetable, aiming to remedy the shortcomings, that its implementation should be monitored by the European Parliament, and that these problems should be addressed by changing the existing rules and regulations in order to eliminate possible loopholes;

               14.

               Notes the Authority’s statement that it adopted a policy on gifts and hospitality on 4 July 2012; commends this initiative and invites the Authority to make this policy available on its website;

               15.

               Acknowledges that the Authority scheduled for 1 October 2012 the launching of its first evaluation of a random sample of declarations of interest in order to verify their coherence with its newly adopted independence policy and implementing rules; expects that the Authority will share the conclusions of that evaluation with the discharge authority by 1 March 2013 in order to reflect them in the next discharge procedure;

               16.

               Acknowledges the Authority’s commitment to work with the Commission in order to define the modalities of full public access to unpublished raw data;

               17.

               Observes that eight of the Authority’s Panels and its Scientific Committee have been renewed in June 2012; welcomes the publication of the declarations of interest of the newly appointed experts on the Authority’s website but observes that some of the curriculum vitae are not yet available; invites the Authority to publish all of them by 1 January 2013;

               18.

               Notes that 37 experts of two Panels have been appointed in 2011, prior to the adoption of the Authority’s new policy on independence and scientific decision-making processes; agrees therefore with the Authority’s initiative to screen by 31 October 2012 their declarations of interest against the newly adopted policy and implementing rules; invites the Authority to inform the discharge authority of the outcomes of the screening process by the start of the next discharge procedure;

               19.

               Calls on the Authority to introduce in its annual activity reports a special section describing the actions taken to prevent and manage conflict of interest, which should include, inter alia:

                           —

                           the number of alleged cases of conflict of interest verified,

                           —

                           the number of revolving door cases,

                           —

                           the measures taken in each category of cases,

                           —

                           the number of breach of trust procedures launched and their outcomes,

                           —

                           the penalties applied;

               20.

               Encourages the Authority to improve the openness and transparency of the risk assessment process, to better take into account independent peer-reviewed scientific literature and to provide detailed justification when it rejects diverging views; encourages the Authority to increase dialogue and cooperation with external experts and national agencies, especially when they hold diverging views on a specific risk assessment process;

               21.

               Welcomes, in general, the Joint Statement and the Common Approach on decentralised agencies afore mentioned, which address and take up some elements important to the discharge procedure, and believes that the roadmap on the follow-up to the Common Approach, to be presented by the Commission by the end of 2012, will take due account of those issues;

               22.

               Refers, in respect of the other observations accompanying its Decision on discharge, which are of a horizontal nature, to its resolution of 10 May 2012 (6) on the performance, financial management and control of the agencies.

      (1)  OJ C 366, 15.12.2011, p. 106.

      (2)  OJ L 286, 17.10.2012, p. 367.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 31, 1.2.2002, p. 1.

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

      (6)  OJ L 286, 17.10.2012, p. 388.


title: Council Decision (EU) 2016/2026 of 15 November 2016 on the financial contributions to be paid by Member States to finance the European Development Fund, including the ceiling for 2018, the annual amount for 2017, the first instalment for 2017 and an indicative and non-binding forecast for the expected annual amounts for the years 2019 and 2020

text:
               19.11.2016

               EN

               Official Journal of the European Union

               L 313/25

         COUNCIL DECISION (EU) 2016/2026
   of 15 November 2016
   on the financial contributions to be paid by Member States to finance the European Development Fund, including the ceiling for 2018, the annual amount for 2017, the first instalment for 2017 and an indicative and non-binding forecast for the expected annual amounts for the years 2019 and 2020
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union and to the Treaty on the Functioning of the European Union,
   Having regard to the Partnership Agreement between the members of the African, Caribbean and Pacific Group of States of the one part, and the European Community and its Member States, of the other part, signed in Cotonou on 23 June 2000 (1), as last amended (‘ACP-EU Partnership Agreement’),
   Having regard to the Internal Agreement between the Representatives of the Governments of the Member States of the European Union, meeting within the Council, on the financing of European Union aid under the multiannual financial framework for the period 2014 to 2020, in accordance with the ACP-EU Partnership Agreement, and on the allocation of financial assistance for the Overseas Countries and Territories to which Part Four of the Treaty on the Functioning of the European Union applies (2) (‘the Internal Agreement’) and in particular Article 7(2) thereof,
   Having regard to the Council Regulation (EU) 2015/323 of 2 March 2015 on the financial regulation applicable to the 11th European Development Fund (3) (‘the 11th EDF Financial Regulation’), and in particular Article 21(2) thereof,
   Having regard to the proposal from the European Commission,
   Whereas:

               (1)

               In accordance with the procedure laid down in Article 21(2) of the 11th EDF Financial Regulation, the Commission presented a proposal by 15 October 2016 specifying (a) the ceiling for the annual amount of the contribution for 2018; (b) the annual amount of the contribution for 2017; (c) the amount of the first instalment of the contribution for 2017; and (d) an indicative, non-binding forecast for the expected annual amounts of contributions for the years 2019 to 2020.

               (2)

               In accordance with Article 52 of the 11th EDF Financial Regulation, the European Investment Bank (EIB) sent on 28 July 2016 to the Commission its updated estimates of commitments and payments under the instruments it manages.

               (3)

               Article 22(1) of the 11th EDF Financial Regulation provides that calls for contributions first use up the amounts provided for in previous European Development Funds (EDFs). Therefore a call for funds under the 10th EDF should be made.

               (4)

               By means of Decision (EU) 2015/2288 (4), the Council has adopted on the 30 November 2015, on a proposal by the Commission, the Decision to set the ceiling for Member States' EDF contributions for 2017 at EUR 3 850 000 000 for the Commission, and at EUR 150 000 000 for the EIB.

               (5)

               By means of Decision 2013/759/EU, (5) the Council has adopted the creation of a Bridging Facility on 12 December 2013 regarding transitional EDF management measures from 1 January 2014 until the entry into force of the 11th European Development Fund (‘the Bridging Facility’),

         HAS ADOPTED THIS DECISION:
   Article 1
   The ceiling for the annual amount of the Member States' EDF contributions for 2018 is hereby set at EUR 4 550 000 000 for the Commission, and at EUR 250 000 000 for the EIB.
   Article 2
   The annual amount of the Member States' EDF contributions for 2017 is hereby set at EUR 4 000 000 000. It shall be divided into EUR 3 850 000 000 for the Commission, and EUR 150 000 000 for the EIB.
   Article 3
   The individual EDF contributions to be paid by Member States to the Commission and the EIB as the first instalment for 2017 are set out in the table in the Annex to this Decision.
   Payments of those contributions may be combined with adjustments under the implementation of the deduction of the funds committed under the Bridging Facility, following an adjustment plan communicated by each Member State to the Commission at the adoption of the third instalment 2015.
   Article 4
   The indicative non-binding forecast for the expected annual amount of contributions for 2019 is hereby set at EUR 4 500 000 000 for the Commission, and at EUR 300 000 000 for the EIB, and that for 2020 at EUR 4 500 000 000 for the Commission, and at EUR 300 000 000 for the EIB.
   Article 5
   This Decision shall enter into force on the date of its adoption.

      Done at Brussels, 15 November 2016.

            For the Council

            The President

         I. KORČOK

      (1)  OJ L 317, 15.12.2000, p. 3.

      (2)  OJ L 210, 6.8.2013, p. 1.

      (3)  OJ L 58, 3.3.2015, p. 17.

      (4)  Council Decision (EU) 2015/2288 of 30 November 2015 on the financial contributions to be paid by Member States to finance the European Development Fund, including the ceiling for 2017, the amount for 2016, the first instalment for 2016 and an indicative and non-binding forecast for the expected annual amounts for the years 2018 and 2019 (OJ L 323, 9.12.2015, p. 8).

      (5)  Council Decision 2013/759/EU of 12 December 2013 regarding transitional EDF management measures from 1 January 2014 until the entry into force of the 11th European Development Fund (OJ L 335, 14.12.2013, p. 48).

      ANNEX

                  Member States

                  Key 10th EDF %

                  First instalment 2017 (EUR)

                  paid to EIB

                  paid to Commission

                  Total

                  10th EDF

                  10th EDF

                  Austria

                  2,41

                  2 410 000,00

                  40 970 000,00

                  43 380 000,00

                  Belgium

                  3,53

                  3 530 000,00

                  60 010 000,00

                  63 540 000,00

                  Bulgaria

                  0,14

                  140 000,00

                  2 380 000,00

                  2 520 000,00

                  Cyprus

                  0,09

                  90 000,00

                  1 530 000,00

                  1 620 000,00

                  Czech Republic

                  0,51

                  510 000,00

                  8 670 000,00

                  9 180 000,00

                  Denmark

                  2,00

                  2 000 000,00

                  34 000 000,00

                  36 000 000,00

                  Estonia

                  0,05

                  50 000,00

                  850 000,00

                  900 000,00

                  Finland

                  1,47

                  1 470 000,00

                  24 990 000,00

                  26 460 000,00

                  France

                  19,55

                  19 550 000,00

                  332 350 000,00

                  351 900 000,00

                  Germany

                  20,50

                  20 500 000,00

                  348 500 000,00

                  369 000 000,00

                  Greece

                  1,47

                  1 470 000,00

                  24 990 000,00

                  26 460 000,00

                  Hungary

                  0,55

                  550 000,00

                  9 350 000,00

                  9 900 000,00

                  Ireland

                  0,91

                  910 000,00

                  15 470 000,00

                  16 380 000,00

                  Italy

                  12,86

                  12 860 000,00

                  218 620 000,00

                  231 480 000,00

                  Latvia

                  0,07

                  70 000,00

                  1 190 000,00

                  1 260 000,00

                  Lithuania

                  0,12

                  120 000,00

                  2 040 000,00

                  2 160 000,00

                  Luxembourg

                  0,27

                  270 000,00

                  4 590 000,00

                  4 860 000,00

                  Malta

                  0,03

                  30 000,00

                  510 000,00

                  540 000,00

                  Netherlands

                  4,85

                  4 850 000,00

                  82 450 000,00

                  87 300 000,00

                  Poland

                  1,30

                  1 300 000,00

                  22 100 000,00

                  23 400 000,00

                  Portugal

                  1,15

                  1 150 000,00

                  19 550 000,00

                  20 700 000,00

                  Romania

                  0,37

                  370 000,00

                  6 290 000,00

                  6 660 000,00

                  Slovakia

                  0,21

                  210 000,00

                  3 570 000,00

                  3 780 000,00

                  Slovenia

                  0,18

                  180 000,00

                  3 060 000,00

                  3 240 000,00

                  Spain

                  7,85

                  7 850 000,00

                  133 450 000,00

                  141 300 000,00

                  Sweden

                  2,74

                  2 740 000,00

                  46 580 000,00

                  49 320 000,00

                  United Kingdom

                  14,82

                  14 820 000,00

                  251 940 000,00

                  266 760 000,00

                  Total EU-27

                  100,00

                  100 000 000,00

                  1 700 000 000,00

                  1 800 000 000,00


title: Council Decision of 28 February 2012 appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training

text:
               13.3.2012

               EN

               Official Journal of the European Union

               C 74/6

         COUNCIL DECISION
   of 28 February 2012
   appointing and replacing members of the Governing Board of the European Centre for the Development of Vocational Training
   2012/C 74/03
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to Council Regulation (EEC) No 337/75 of 10 February 1975 establishing the European Centre for the Development of Vocational Training, and in particular Article 4 thereof (1),
   Having regard to the nomination submitted to the Council by the Commission in the category of Employees' representatives,
   Whereas:

               (1)

               By its Decision of 14 September 2009 (2), the Council appointed the members of the Governing Board of the European Centre for the Development of Vocational Training for the period from 18 September 2009 to 17 September 2012.

               (2)

               A member's seat on the Governing Board of the Centre in the category of Employees' representatives has become vacant as a result of the resignation of Ms Luz Blanca COSIO ALMEIDA,

         HAS DECIDED AS FOLLOWS:
   Sole Article
   The following person is hereby appointed as a member of the Governing Board of the European Centre for the Development of Vocational Training for the remainder of the term of office, which runs until 17 September 2012:

      REPRESENTATIVES OF EMPLOYEES' ORGANISATIONS:

               SPAIN

               Mr Fernando PUIG-SAMPER
               Confederal Secretary
               Responsible for Vocational Training at CCOO

      Done at Brussels, 28 February 2012.

            For the Council

            The President

         N. WAMMEN

      (1)  OJ L 39, 13.2.1975, p. 1.

      (2)  OJ C 226, 19.9.2009, p. 2.


Avis juridique important

|

32000D0267

2000/267/EC, Euratom: Council Decision of 30 March 2000 appointing a German member of the Economic and Social Committee

Official Journal L 085 , 06/04/2000 P. 0023 - 0023

Council Decisionof 30 March 2000appointing a German member of the Economic and Social Committee(2000/267/EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 258 thereof,Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 166 thereof,Having regard to the Council Decision of 15 September 1998 appointing the members of the Economic and Social Committee for the period from 21 September 1998 to 20 September 2002(1),Whereas a member's seat on that Committee has fallen vacant following the resignation of Mr Wolfgang Warburg, of which the Council was informed on 21 October 1999;Having regard to the nominations submitted by the German Government,Having obtained the opinion of the Commission of the European Communities,HAS DECIDED AS FOLLOWS:Sole ArticleMs Ursula Derwein is hereby appointed a member of the Economic and Social Committee in place of Mr Wolfgang Warburg for the remainder of his term of office, which runs until 20 September 2002.Done at Brussels, 30 March 2000.For the CouncilThe PresidentJ. Sócrates(1) OJ L 257, 19.9.1998, p. 37.


Avis juridique important

|

31994D0908

94/908/EC, ECSC, Euratom: Decision of the Council and the Commission of 19 December 1994 on the conclusion of the Europe Agreement between the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of the other part

Official Journal L 358 , 31/12/1994 P. 0001 - 0001 Finnish special edition: Chapter 11 Volume 39 P. 0003  Swedish special edition: Chapter 11 Volume 39 P. 0003

DECISION OF THE  COUNCIL AND THE COMMISSIONof 19 December 1994on the conclusion of the Europe Agreement between  the European Communities and their Member States, of the one part, and the Republic of Bulgaria, of  the other part(94/908/ECSC, EC, Euratom)THE COUNCIL OF THE EUROPEAN UNION, THE COMMISSION OF THE EUROPEAN COMMUNITIES, Having regard to the Treaty establishing the European Coal and Steel Community and in particular  Article 95 thereof, Having regard to the Treaty establishing the European Community, and in particular Article 238, in  conjunction with Article 228 (2) second sentence of (3) second subparagraph thereof. Having regard to the Treaty establishing the European Atomic Energy Community, and in particular  the second paragraph of Article 101 thereof, Having regard to the assent of the European Parliament (1), Having regard to the approval of the Council granted pursuant to Article 101 of the Treaty  establishing the European Atomic Energy Community, Whereas it is necessary to conclude the European Agreement between the European Communities and  their Member States, of the one part, and the Republic of Bulgaria, of the other part, signed in  Brussels on 8 March 1993 in order to achieve the objectives of the Community set out in particular  in Articles 2 and 3 of the Treaty establishing the European Coal and Steel Community; whereas the  Treaty has not made provision for all the cases covered by this Decision, HAVE DECIDED AS FOLLOWS: Article 1The Europe Agreement between the European Communities and their  Member States, of the one part, and the Republic of Bulgaria, of the other part, together with the  Protocols, the exchanges of letters and the declarations relating thereto, is hereby approved on  behalf of the European Community, the European Coal and Steel Community and the European Atomic  Energy Community. The texts referred to in the first paragraph are attached to this Decision. Article 21. The position to be adopted by the Community in the Association Council shall be  determined in accordance with the relevant provisions of the Treaties establishing the European  Communities by the Council, on a proposal from the Commission, or, where appropriate, by the  Commission. 2. In accordance with Article 106 of the Agreement referred to in Article 1 the President of the  Council shall preside over the Association Council and shall present the Community's position. A  representative of the Commission shall preside over the Association Committee, in accordance with  its rules of procedure, and shall present the Community's position. Article 3The President of the Council shall give the notification provided for in Article 124 of  the Agreement referred to in Article 1 on behalf of the European Community. The President of the  Commission shall give such notification on behalf of the European Coal and Steel Community and the  European Atomic Energy Community. Done at Brussels, 19 December 1994. For the CouncilThe PresidentK. KINKELFor the CommissionThe PresidentJ. DELORS (1) OJ No C 315, 22. 11. 1993, p.103.


title: 2010/138/,Euratom: Commission Decision of 24 February 2010 amending its Rules of Procedure

text:
               5.3.2010

               EN

               Official Journal of the European Union

               L 55/60

         COMMISSION DECISION
   of 24 February 2010
   amending its Rules of Procedure
   (2010/138/EU, Euratom)
   THE EUROPEAN COMMISSION,
   Having regard to the Treaty on European Union,
   Having regard to the Treaty on the Functioning of the European Union, and in particular Article 249 thereof,
   Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 106a thereof,
   HAS ADOPTED THIS DECISION:
   Article 1
   Articles 1 to 29 of the Rules of Procedure of the Commission (1) shall be replaced by the text in the Annex to this Decision.
   Article 2
   This Decision shall be published in the Official Journal of the European Union.
   Article 3
   This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.

      Done at Brussels, 24 February 2010.

            For the Commission

            The President

         José Manuel BARROSO

      (1)  OJ L 308, 8.12.2000, p. 26.

      ANNEX

         ‘CHAPTER I

            THE COMMISSION

         Article 1
         The principle of collective responsibility
         The Commission shall act collectively in accordance with these Rules of Procedure and in compliance with the priorities which it has set in the context of the political guidelines laid down by the President in accordance with Article 17(6) TEU.
         Article 2
         Political guidelines, priorities, work programme and budget
         In compliance with the political guidelines laid down by the President, the Commission shall establish its priorities and reflect them in its work programme and the draft budget which it shall adopt each year.
         Article 3
         The President
         1.   The President shall lay down the political guidelines within which the Commission shall exercise its functions (1). The President shall steer the work of the Commission in order to ensure it is carried out.
         2.   The President shall decide on the internal organisation of the Commission, ensuring that it acts consistently, efficiently and as a collegiate body (2).
         Without prejudice to Article 18(4) TEU, the President shall assign to Members of the Commission special fields of activity with regard to which they are specifically responsible for the preparation of Commission work and the implementation of its decisions (3).
         The President may ask Members of the Commission to carry out specific tasks with a view to ensuring that the political guidelines that he has laid down and the priorities set by the Commission are implemented.
         He may change these assignments at any time (4).
         The Members of the Commission shall carry out the duties devolved to them by the President under his authority (5).
         3.   The President shall appoint Vice-Presidents, other than the High Representative of the Union for Foreign Affairs and Security Policy, from among the Members of the Commission (6), and shall draw up the order of precedence within the Commission.
         4.   The President may set up groups of Members of the Commission, designating their chairpersons, setting their mandate and operating procedures, and deciding on their membership and term.
         5.   The President shall represent the Commission. He shall designate the Members of the Commission to assist him in this task.
         6.   Without prejudice to Article 18(1) TEU, a member of the Commission shall resign if the President so requests (7).
         Article 4
         Decision-making procedures
         Commission decisions shall be taken:

                     (a)

                     at Commission meetings by oral procedure in accordance with Article 8 of these Rules of Procedure; or

                     (b)

                     by written procedure in accordance with Article 12 of these Rules of Procedure; or

                     (c)

                     by empowerment procedure in accordance with Article 13 of these Rules of Procedure; or

                     (d)

                     by delegation procedure in accordance with Article 14 of these Rules of Procedure.

            SECTION 1

               Commission meetings

         Article 5
         Convening Commission meetings
         1.   Meetings of the Commission shall be convened by the President.
         2.   The Commission shall, as a general rule, meet at least once a week. It shall hold additional meetings whenever necessary.
         3.   Members of the Commission shall be required to attend all meetings. If a Member of the Commission is unable to attend a meeting, they shall inform the President in good time of the reasons for their absence. The President shall judge whether Members may be released from these requirements in certain circumstances.
         Article 6
         Agenda of Commission meetings
         1.   The President shall adopt the agenda of each Commission meeting.
         2.   Without prejudice to the prerogative of the President to adopt the agenda, any proposal involving significant expenditure must be presented in agreement with the Member of the Commission responsible for the budget.
         3.   If a Member of the Commission proposes the inclusion of an item on the agenda, the President must be notified as prescribed by the Commission in the implementing rules referred to in Article 28 of these Rules of Procedure, hereinafter referred to as “the implementing rules”.
         4.   The agenda and the necessary documents shall be circulated to the Members of the Commission as prescribed in accordance with the implementing rules.
         5.   The Commission may, on a proposal from the President, discuss any question which is not on the agenda or for which the necessary documents have been distributed late.
         Article 7
         Quorum
         The number of Members whose presence is necessary to constitute a quorum shall be equal to a majority of the number of Members specified in the Treaty.
         Article 8
         Decision-making
         1.   The Commission shall take decisions on the basis of proposals from one or more of its Members.
         2.   A vote shall be taken if any Member so requests. The vote may be on the original draft text or on an amended draft text by the Member or Members responsible for the initiative or by the President.
         3.   Commission decisions shall be adopted if a majority of the number of Members specified in the Treaty vote in favour.
         4.   The President shall formally note the outcome of discussions, which shall be recorded in the minutes of the meeting provided for in Article 11 of these Rules of Procedure.
         Article 9
         Confidentiality
         Meetings of the Commission shall not be public. Discussions shall be confidential.
         Article 10
         Attendance of officials or other persons
         1.   Unless the Commission decides otherwise, the Secretary-General and the President’s Head of Cabinet shall attend meetings. The circumstances in which other persons may attend Commission meetings shall be determined in accordance with the implementing rules.
         2.   In the absence of a Member of the Commission, his Head of Cabinet may attend the meeting and, at the invitation of the President, state the views of the absent Member.
         3.   The Commission may decide to hear any other person.
         Article 11
         Minutes
         1.   Minutes shall be taken of all meetings of the Commission.
         2.   The draft minutes shall be submitted to the Commission for approval at a subsequent meeting. The approved minutes shall be authenticated by the signatures of the President and the Secretary-General.

            SECTION 2

               Other decision-making procedures

         Article 12
         Decisions taken by written procedure
         1.   The agreement of the Members of the Commission to a draft text from one or more of its Members may be obtained by means of written procedure, provided that the approval of the Legal Service and the agreement of the departments consulted in accordance with Article 23 of these Rules of Procedure has been obtained.
         Such approval and/or agreement may be replaced by an agreement between the Members of the Commission where a meeting of the College has decided, on a proposal from the President, to open a finalisation written procedure as provided for in the implementing rules.
         2.   For this purpose, the draft text shall be circulated in writing to all Members of the Commission as laid down by it in accordance with the implementing rules, with a time limit within which Members must make known any reservations they may have or amendments they wish to make.
         3.   Any Member of the Commission may, in the course of the written procedure, request that the draft text be discussed. He shall send a reasoned request to that effect to the President.
         4.   A draft text on which no Member has made and maintained a request for suspension up to the time limit set for the written procedure shall stand adopted by the Commission.
         Article 13
         Decision taken by empowerment procedure
         1.   The Commission may, provided the principle of collective responsibility is fully respected, empower one or more of its Members to take management or administrative measures on its behalf and subject to such restrictions and conditions as it shall impose.
         2.   The Commission may also instruct one or more of its Members to adopt, with the agreement of the President, the definitive text of any instrument or of any proposal to be presented to the other institutions, the substance of which has already been determined in discussion.
         3.   Powers conferred in this way may be subdelegated to the Directors-General and Heads of Department unless this is expressly prohibited in the empowering decision.
         4.   The provisions of paragraphs 1, 2 and 3 shall be without prejudice to the rules concerning delegation in respect of financial matters or the powers conferred on the appointing authority and the authority empowered to conclude contracts of employment.
         Article 14
         Decisions taken by delegation procedure
         The Commission may, provided the principle of collective responsibility is fully respected, delegate the adoption of management or administrative measures to the Directors-General and Heads of Department, acting on its behalf and subject to such restrictions and conditions as it shall impose.
         Article 15
         Subdelegation for individual decisions awarding grants and contracts
         The Director-General or Head of Department who has received delegated or subdelegated powers under Articles 13 and 14 for the adoption of financing decisions may decide to subdelegate certain decisions selecting projects and certain individual decisions awarding grants and public procurement contracts to the competent Director or, in agreement with the Member of the Commission responsible, to the competent Head of Unit, subject to the restrictions and conditions laid down in the implementing rules.
         Article 16
         Information concerning decisions adopted
         Decisions adopted by written procedure, empowerment procedure or delegation procedure shall be recorded in a day note or week note which shall be recorded in the minutes of the next Commission meeting.

            SECTION 3

               Provisions common to all decision-making procedures

         Article 17
         Authentication of instruments adopted by the Commission
         1.   Instruments adopted by the Commission in the course of a meeting, in the authentic language or languages, shall be attached to a summary note prepared during the meeting at which they were adopted in such a way that they cannot be separated from it. They shall be authenticated by the signatures of the President and the Secretary-General on the last page of the summary note.
         2.   The non-legislative instruments of the Commission referred to in Article 297(2) TFEU and adopted by written procedure shall be authenticated by the signatures of the President and the Secretary-General on the last page of the summary note referred to in the preceding paragraph, unless these instruments must be published and enter into force before the date of the next meeting of the Commission. For the purposes of authentication, copies of the day notes referred to in Article 16 of these Rules of Procedure shall be attached to the summary note referred to in the preceding paragraph in such a way that they cannot be separated from it.
         The other instruments adopted by written procedure and the instruments adopted by empowerment procedure in accordance with Article 12, Article 13(1) and (2) of these Rules of Procedure shall be attached, in the authentic language or languages, to the day note referred to in Article 16 of these Rules of Procedure in such a way that they cannot be separated from it. They shall be authenticated by the signature of the Secretary-General on the last page of the day note.
         3.   Instruments adopted by delegation procedure or by subdelegation shall be attached in the authentic language or languages, in such a way that they cannot be separated, by the computer application provided for that purpose, to the day note referred to in Article 16 of these Rules of Procedure. They shall be authenticated by a certifying statement signed by the official to whom the powers have been delegated or subdelegated in accordance with Article 13(3), Articles 14 and 15 of these Rules of Procedure.
         4.   For the purposes of these Rules of Procedure, “instrument” means any instrument referred to in Article 288 TFEU.
         5.   For the purposes of these Rules of Procedure, “authentic language or languages” means the official languages of the European Union, without prejudice to the application of Council Regulation (EC) No 920/2005 (8), in the case of instruments of general application, and the language or languages of those to whom they are addressed, in other cases.

            SECTION 4

               Preparation and implementation of Commission decisions

         Article 18
         Groups of Members of the Commission
         Groups of Members of the Commission shall contribute to the coordination and preparation of the work of the Commission in accordance with the political guidelines and mandate laid down by the President.
         Article 19
         Members’ cabinets and relations with departments
         1.   Members of the Commission shall have their own cabinet to assist them in their work and in preparing Commission decisions. The rules governing the composition and operation of the cabinets shall be laid down by the President.
         2.   In compliance with the principles laid down by the President, Members of the Commission shall approve their working arrangements with the departments for which they are responsible. In particular, these arrangements must specify the way in which Members of the Commission give instructions to the departments concerned, which will regularly provide them with all the information on their area of activity necessary for them to exercise their responsibilities.
         Article 20
         The Secretary-General
         1.   The Secretary-General shall assist the President so that, in the context of the political guidelines laid down by the President, the Commission achieves the priorities that it has set.
         2.   The Secretary-General shall also help to ensure political consistency by organising the necessary coordination between departments at the start of the preparatory stages, in accordance, inter alia, with Article 23 of these Rules of Procedure.
         He shall see that documents submitted to the Commission are of good quality in terms of substance and comply with the rules as to form and, in this context, shall help to ensure that they are consistent with the principles of subsidiarity and proportionality, external obligations, interinstitutional considerations and the Commission’s communication strategy.
         3.   The Secretary-General shall assist the President in preparing the proceedings and conducting the meetings of the Commission.
         He shall also assist the Members chairing groups of Members set up under Article 3(4) of these Rules of Procedure in preparing and conducting their meetings. He shall provide the secretariat of these groups.
         4.   The Secretary-General shall ensure that decision-making procedures are properly implemented and that effect is given to the decisions referred to in Article 4 of these Rules of Procedure.
         In particular, except in specific cases, he shall take the necessary steps to ensure that Commission instruments are officially notified to those concerned and are published in the Official Journal of the European Union and that documents of the Commission and its departments are transmitted to the other institutions of the European Union and to the national parliaments.
         He shall be responsible for distributing written information that the Members of the Commission wish to circulate within the Commission.
         5.   The Secretary-General shall be responsible for official relations with the other institutions of the European Union, subject to any decisions by the Commission to exercise any function itself or to assign it to its Members or departments.
         In this context, he shall help to ensure overall consistency by providing coordination between departments during procedures involving other institutions.
         6.   The Secretary-General shall ensure that appropriate information is given to the Commission concerning the progress made on internal and interinstitutional procedures.
         CHAPTER II

            COMMISSION DEPARTMENTS

         Article 21
         Structure of departments
         The Commission shall establish a number of Directorates-General and equivalent departments forming a single administrative service to assist it in the preparation and performance of its tasks, and in the implementation of its priorities and the political guidelines laid down by the President.
         The Directorates-General and equivalent departments shall normally be divided into directorates, and directorates into units.
         Article 22
         Creation of specific functions and structures
         In special cases the President may set up specific functions or structures to deal with particular matters and shall determine their responsibilities and method of operation.
         Article 23
         Cooperation and coordination between departments
         1.   In order to ensure the effectiveness of Commission action, departments shall work in close cooperation and in coordinated fashion from the outset in the preparation and implementation of Commission decisions.
         2.   The department responsible for preparing an initiative shall ensure from the beginning of the preparatory work that there is effective coordination between all the departments with a legitimate interest in the initiative by virtue of their powers or responsibilities or the nature of the subject.
         3.   Before a document is submitted to the Commission, the department responsible shall, in accordance with the implementing rules, consult the departments with a legitimate interest in the draft text in sufficient time.
         4.   The Legal Service shall be consulted on all drafts or proposals for legal instruments and on all documents which may have legal implications.
         The Legal Service must always be consulted before initiating any of the decision-making procedures provided for in Articles 12, 13 and 14 of these Rules of Procedure, except for decisions concerning standard instruments where its agreement has already been secured (repetitive instruments). Such consultation is not required for the decisions referred to in Article 15 of these Rules of Procedure.
         5.   The Secretariat-General shall be consulted on all initiatives which:

                     —

                     are subject to approval by oral procedure, without prejudice to personnel questions concerning individual members of staff, or

                     —

                     are of political importance, or

                     —

                     are part of the Commission’s annual work programme or the programming instrument in force, or

                     —

                     concern institutional issues, or

                     —

                     are subject to impact assessment or public consultation,

               and for any joint position or initiative that may commit the Commission vis-à-vis other institutions or bodies.
         6.   With the exception of the decisions referred to in Article 15 of these Rules of Procedure, the Directorate-General responsible for the budget and the Directorate-General responsible for human resources and security shall be consulted on all documents which may have implications for the budget and finances or for personnel and administration respectively. The department responsible for combating fraud shall likewise be consulted where necessary.
         7.   The department responsible shall endeavour to frame a proposal that has the agreement of the departments consulted. In the event of a disagreement it shall append to its proposal the differing views expressed by these departments, without prejudice to Article 12 of these Rules of Procedure.
         CHAPTER III

            DEPUTISING

         Article 24
         Continuity of service
         The Members of the Commission and the departments shall ensure they take all appropriate measures to ensure continuity of service, in compliance with the provisions adopted for that purpose by the Commission or the President.
         Article 25
         Deputising for the President
         Where the President is prevented from exercising his functions, they shall be exercised by one of the Vice-Presidents or Members in the order laid down by the President.
         Article 26
         Deputising for the Secretary-General
         Where the Secretary-General is prevented from exercising his functions, or where the post is vacant, they shall be exercised by the Deputy Secretary-General present with the highest grade or, in the event of equal grade, by the Deputy Secretary-General with the greatest seniority in the grade or, in the event of equal seniority, by the eldest or by an official designated by the Commission.
         If there is no Deputy Secretary-General present and no official has been designated by the Commission, the subordinate official present in the highest function group with the highest grade or, in the event of equal grade, the subordinate official with the greatest seniority in the grade or, in the event of equal seniority, the one who is eldest, shall deputise.
         Article 27
         Deputising for hierarchical superiors
         1.   Where a Director-General is prevented from exercising his functions, or where the post is vacant, they shall be exercised by the Deputy Director-General present with the highest grade or, in the event of equal grade, by the Deputy Director-General with the greatest seniority within the grade or, in the event of equal seniority, by the eldest or by an official designated by the Commission.
         If there is no Deputy Director-General present and no official has been designated by the Commission, the subordinate official present in the highest function group with the highest grade or, in the event of equal grade, the subordinate official with the greatest seniority in the grade or, in the event of equal seniority, the one who is eldest, shall deputise.
         2.   Where a Head of Unit is prevented from exercising his functions, or where the post is vacant, they shall be exercised by the Deputy Head of Unit or an official designated by the Director-General.
         If there is no Deputy Head of Unit present and no official has been designated by the Commission, the subordinate official present in the highest function group with the highest grade or, in the event of equal grade, the subordinate official with the greatest seniority in the grade or, in the event of equal seniority, the one who is eldest, shall deputise.
         3.   Where any other hierarchical superior is prevented from exercising his duties, or where the post is vacant, the Director-General shall designate an official in agreement with the Member of the Commission responsible. If no replacement has been designated, the subordinate official present in the highest function group with the highest grade, or in the event of equal grade, the subordinate official with the greatest seniority in the grade or, in the event of equal seniority, the one who is eldest, shall deputise.
         CHAPTER IV

            FINAL PROVISIONS

         Article 28
         The Commission shall, as necessary, lay down implementing rules to give effect to these Rules of Procedure.
         The Commission may adopt supplementary measures relating to the functioning of the Commission and of its departments, taking into account developments in technology and information technology.
         Article 29
         These Rules of Procedure shall enter into force on the day following their publication in the Official Journal of the European Union.’

         (1)  Article 17(6)(a) of the Treaty on European Union.

         (2)  Article 17(6)(b) of the Treaty on European Union.

         (3)  Article 248 of the Treaty on the Functioning of the European Union.

         (4)  See footnote 3.

         (5)  See footnote 3.

         (6)  Article 17(6)(c) of the Treaty on European Union.

         (7)  Article 17(6), second subparagraph, of the Treaty on European Union.

         (8)  OJ L 156, 18.6.2005, p. 3.


title: Council Decision (CFSP) 2016/1961 of 8 November 2016 amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine

text:
               9.11.2016

               EN

               Official Journal of the European Union

               L 301/15

         COUNCIL DECISION (CFSP) 2016/1961
   of 8 November 2016
   amending Decision 2014/145/CFSP concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty on European Union, and in particular Article 29 thereof,
   Having regard to Council Decision 2014/145/CFSP of 17 March 2014 concerning restrictive measures in respect of actions undermining or threatening the territorial integrity, sovereignty and independence of Ukraine (1), and in particular Article 3(1) thereof,
   Having regard to the proposal of the High Representative of the Union for Foreign Affairs and Security Policy,
   Whereas:

               (1)

               On 17 March 2014, the Council adopted Decision 2014/145/CFSP.

               (2)

               Following the organisation by the Russian Federation of State Duma elections in the illegally annexed Crimea and Sevastopol, the Council considers that six persons should be added to the list of persons, entities and bodies subject to restrictive measures as set out in the Annex to Decision 2014/145/CFSP.

               (3)

               The Annex to Decision 2014/145/CFSP should be amended accordingly,

         HAS ADOPTED THIS DECISION:
   Article 1
   The persons listed in the Annex to this Decision shall be added to the list set out in the Annex to Decision 2014/145/CFSP.
   Article 2
   This Decision shall enter into force on the day of its publication in the Official Journal of the European Union.

      Done at Brussels, 8 November 2016.

            For the Council

            The President

         P. KAŽIMÍR

      (1)  OJ L 78, 17.3.2014, p. 16.

      ANNEX

         List of persons referred to in Article 1

                     Name

                     Identifying information

                     Reasons

                     Date of listing

                     ‘152.

                     Ruslan Ismailovich BALBEK
                     Руслан Исмаилович
                     Бальбек

                     DOB: 28.8.1977
                     POB: Bekabad, Uzbekistan SSR

                     Member of the State Duma, elected from the illegally annexed Autonomous Republic of Crimea.
                     Deputy Chairperson of the Duma Committee on ethnic affairs.
                     In 2014 Balbek was appointed as a Deputy Chairperson of the Council of Ministers of the so-called “Republic of Crimea” and worked in this capacity for the integration of the illegally annexed Crimean peninsula into the Russian Federation, for which he has been awarded with a medal “For the Defence of Republic of Crimea”. He has supported the annexation of Crimea in public statements, including on his profile on the United Russia (Crimean branch) website and a press article published on NTV website on 3 July 2016.

                     9.11.2016

                     153.

                     Konstantin Mikhailovich BAKHAREV
                     Константин Михайлович
                     Бахарев

                     DOB: 20.10.1972
                     POB: Simferopol Ukrainian SSR

                     Member of the State Duma, elected from the illegally annexed Autonomous Republic of Crimea.
                     Member of the Duma Committee on Financial Markets.
                     In March 2014 Bakharev was appointed as a Deputy Chairperson of the State Council of the so-called “Republic of Crimea”, and in August 2014 as First Deputy Chairperson of that body. He has admitted his personal involvement in the events of 2014 that led to the illegal annexation of Crimea and Sevastopol, which he has publicly supported, including in an interview published on gazetakrimea.ru website on 22 March 2016 and c-pravda.ru website on 23 August 2016. He has been awarded with the order “For loyalty to duty” by the “authorities” of “Republic of Crimea”.

                     9.11.2016

                     154.

                     Dmitry Anatolievich BELIK
                     Дмитрий Анатольевич
                     Белик

                     DOB: 17.10.1969
                     POB: Kular Ust-Yansky District,Yakut Autonomous SSR

                     Member of the State Duma, elected from the illegally annexed city of Sevastopol.
                     Member of the Duma Committee on Taxation.
                     As a member of the Sevastopol municipal administration in February-March 2014 he supported the activities of the so called “People's Mayor” Alexei Chaliy. He has publicly admitted his involvement in the events of 2014 that led to the illegal annexation of Crimea and Sevastopol, which he has publicly defended, including on his personal website and in an interview published on 21 February 2016 on nation-news.ru website.
                     For his involvement in the annexation process he has been awarded with Russian state order “For duties to the motherland” — II degree.

                     9.11.2016

                     155.

                     Andrei Dmitrievich KOZENKO
                     Андрей Дмитриевич
                     Козенко

                     DOB: 3.8.1981
                     POB: Simferopol Ukrainian SSR

                     Member of the State Duma, elected from the illegally annexed Autonomous Republic of Crimea.
                     Member of Duma Committee on Financial Markets.
                     In March 2014 Kozenko was appointed as a Deputy Chairperson of the State Council of the so-called “Republic of Crimea”. He has publicly admitted his involvement in the events of 2014 that led to the illegal annexation of Crimea and Sevastopol, which he has publicly defended, including in an interview published on gazetacrimea.ru website on 12 March 2016. For his involvement in the annexation process he has been awarded with a medal “For the defence of Republic of Crimea” by the local “authorities”.

                     9.11.2016

                     156.

                     Svetlana Borisovna SAVCHENKO
                     Светлана Борисовна
                     Савченко

                     DOB: 24.6.1965
                     POB: Belogorsk Ukrainian SSR

                     Member of the State Duma, elected from the illegally annexed Autonomous Republic of Crimea.
                     Member of the Duma Committee on Culture.
                     She has been a member of the Supreme Council of the Autonomous Republic of Crimea since 2012 and as of March 2014 supported the integration of the illegally annexed Crimea and Sevastopol into the Russian Federation. In September 2014 Savchenko was elected to the State Council of the so-called “Republic of Crimea”. She has defended the illegal annexation of Crimea and Sevastopol on numerous occasions in public statements, including interviews published on c-pravda.ru website on 2 April 2016 and 20 August 2016. She has been awarded with Russian state order “For duties to the motherland” — II degree in 2014 and with the order “For loyalty to duty” by the “authorities” of “Republic of Crimea” in 2015.

                     9.11.2016

                     157.

                     Pavel Valentinovich SHPEROV
                     Павел Валентинович
                     Шперов

                     DOB: 4.7.1971
                     POB: Simferopol Ukrainian SSR

                     Member of the State Duma, elected from the illegally annexed Autonomous Republic of Crimea.
                     Member of the Duma Committee on Commonwealth of Independent States (CIS) Affairs, Eurasian Integration and links with compatriots.
                     In September 2014 Shperov was elected to the State Council of the so-called “Republic of Crimea”.
                     He has publicly admitted, including in an interview published on ldpr-rk.ru website on 3 September 2016, his role in the events of 2014 that led to the illegal annexation of Crimea and Sevastopol and in particular his role in the organisation of the illegal referendum on the illegal annexation of the peninsula.

                     9.11.2016’