title: Council Decision of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission (1999/468/EC) ( OJ L 184, 17.7.1999, p. 23 , Decision as amended by Decision 2006/512/EC ( OJ L 200, 22.7.2006, p. 11 )) (Consolidated version)

text:
               21.10.2006

               EN

               Official Journal of the European Union

               C 255/4

         This document has been produced for documentary purposes and does not involve the responsibility of the institutions

      COUNCIL DECISION

   of 28 June 1999
   laying down the procedures for the exercise of implementing powers conferred on the Commission (1999/468/EC)
   (OJ L 184, 17.7.1999, p. 23, Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11))
   (Consolidated version)
   (2006/C 255/02)
   THE COUNCIL OF THE EUROPEAN UNION,
   Having regard to the Treaty establishing the European Community, and in particular the third indent of Article 202 thereof,
   Having regard to the proposal from the Commission,
   Having regard to the opinion of the European Parliament,
   Whereas:

               (1)

               In the instruments which it adopts, the Council has to confer on the Commission powers for the implementation of the rules which the Council lays down; the Council may impose certain requirements in respect of the exercise of these powers; it may also reserve to itself the right, in specific and substantiated cases, to exercise directly implementing powers.

               (2)

               The Council adopted Decision 87/373/EEC of 13 July 1987 laying down the procedures for the exercise of implementing powers conferred on the Commission; that Decision has provided for a limited number of procedures for the exercise of such powers.

               (3)

               Declaration No 31 annexed to the Final Act of the Intergovernmental Conference which adopted the Amsterdam Treaty calls on the Commission to submit to the Council a proposal amending Decision 87/373/EEC.

               (4)

               For reasons of clarity, rather than amending Decision 87/373/EEC, it has been considered more appropriate to replace that Decision by a new Decision and, therefore, to repeal Decision 87/373/EEC.

               (5)

               The first purpose of this Decision is, with a view to achieving greater consistency and predictability in the choice of type of committee, to provide for criteria relating to the choice of committee procedure, it being understood that such criteria are of a non-binding nature, with the exception of those governing the regulatory procedure with scrutiny.

               (6)

               In this regard, the management procedure should be followed as regards management measures such as those relating to the application of the common agricultural and common fisheries policies or to the implementation of programmes with substantial budgetary implications; such management measures should be taken by the Commission by a procedure ensuring decision-making within suitable periods; however, where non-urgent measures are referred to the Council, the Commission should exercise its discretion to defer application of the measures.

               (7)

               The regulatory procedure should be followed as regards measures of general scope designed to apply essential provisions of basic instruments, including measures concerning the protection of the health or safety of humans, animals or plants, as well as measures designed to adapt or update certain non-essential provisions of a basic instrument; such implementing measures should be adopted by an effective procedure which complies in full with the Commission's right of initiative in legislative matters.

               (7a)

               It is necessary to follow the regulatory procedure with scrutiny as regards measures of general scope which seek to amend non-essential elements of a basic instrument adopted in accordance with the procedure referred to in Article 251 of the Treaty, inter alia, by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements. This procedure should enable the two arms of the legislative authority to scrutinise such measures before they are adopted. The essential elements of a legislative act may only be amended by the legislator on the basis of the Treaty.

               (8)

               The advisory procedure should be followed in any case in which it is considered to be the most appropriate; the advisory procedure will continue to be used in those cases where it currently applies.

               (9)

               The second purpose of this Decision is to simplify the requirements for the exercise of implementing powers conferred on the Commission as well as to improve the involvement of the European Parliament in those cases where the basic instrument conferring implementation powers on the Commission was adopted in accordance with the procedure laid down in Article 251 of the Treaty; it has been accordingly considered appropriate to reduce the number of procedures as well as to adjust them in line with the respective powers of the institutions involved and notably to give the European Parliament an opportunity to have its views taken into consideration by, respectively, the Commission or the Council in cases where it considers that, respectively, a draft measure submitted to a committee or a proposal submitted to the Council under the regulatory procedure exceeds the implementing powers provided for in the basic instrument.

               (10)

               The third purpose of this Decision is to improve information to the European Parliament by providing that the Commission should inform it on a regular basis of committee proceedings, that the Commission should transmit to it documents related to activities of committees and inform it whenever the Commission transmits to the Council measures or proposals for measures to be taken; particular attention will be paid to the provision of information to the European Parliament on the proceedings of committees in the framework of the regulatory procedure with scrutiny, so as to ensure that the European Parliament takes a decision within the stipulated deadline.

               (11)

               The fourth purpose of this Decision is to improve information to the public concerning committee procedures and therefore to make applicable to committees the principles and conditions on public access to documents applicable to the Commission, to provide for a list of all committees which assist the Commission in the exercise of implementing powers and for an annual report on the working of committees to be published as well as to provide for all references to documents related to committees which have been transmitted to the European Parliament to be made public in a register.

               (12)

               The specific committee procedures created for the implementation of the common commercial policy and the competition rules laid down by the Treaties that are not currently based upon Decision 87/373/EEC are not in any way affected by this Decision,

         HAS DECIDED AS FOLLOWS:
   Article 1
   Other than in specific and substantiated cases where the basic instrument reserves to the Council the right to exercise directly certain implementing powers itself, such powers shall be conferred on the Commission in accordance with the relevant provisions in the basic instrument. These provisions shall stipulate the essential elements of the powers thus conferred.
   Where the basic instrument imposes specific procedural requirements for the adoption of implementing measures, such requirements shall be in conformity with the procedures provided for by Articles 3, 4, 5, 5a and 6.
   Article 2
   1.   Without prejudice to paragraph 2, the choice of procedural methods for the adoption of implementing measures shall be guided by the following criteria:

               (a)

               management measures, such as those relating to the application of the common agricultural and common fisheries policies, or to the implementation of programmes with substantial budgetary implications, should be adopted by use of the management procedure;

               (b)

               measures of general scope designed to apply essential provisions of basic instruments, including measures concerning the protection of the health or safety of humans, animals or plants, should be adopted by use of the regulatory procedure;
               where a basic instrument stipulates that certain non-essential provisions of the instrument may be adapted or updated by way of implementing procedures, such measures should be adopted by use of the regulatory procedure;

               (c)

               without prejudice to points (a) and (b), the advisory procedure shall be used in any case in which it is considered to be the most appropriate.

         2.   Where a basic instrument, adopted in accordance with the procedure referred to in Article 251 of the Treaty, provides for the adoption of measures of general scope designed to amend non-essential elements of that instrument, inter alia, by deleting some of those elements or by supplementing the instrument by the addition of new non-essential elements, those measures shall be adopted in accordance with the regulatory procedure with scrutiny.
   Article 3
   Advisory procedure
   1.   The Commission shall be assisted by an advisory committee composed of the representatives of the Member States and chaired by the representative of the Commission.
   2.   The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time-limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.
   3.   The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.
   4.   The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which the opinion has been taken into account.
   Article 4
   Management procedure
   1.   The Commission shall be assisted by a management committee composed of the representatives of the Member States and chaired by the representative of the Commission.
   2.   The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time-limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) and (4) of the Treaty, in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
   3.   The Commission shall, without prejudice to Article 8, adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the committee, they shall be communicated by the Commission to the Council forthwith. In that event, the Commission may defer application of the measures which it has decided on for a period to be laid down in each basic instrument but which shall in no case exceed three months from the date of such communication.
   4.   The Council, acting by qualified majority, may take a different decision within the period provided for by paragraph 3.
   Article 5
   Regulatory procedure
   1.   The Commission shall be assisted by a regulatory committee composed of the representatives of the Member States and chaired by the representative of the Commission.
   2.   The representative of the Commission shall submit to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft within a time-limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) and (4) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
   3.   The Commission shall, without prejudice to Article 8, adopt the measures envisaged if they are in accordance with the opinion of the committee.
   4.   If the measures envisaged are not in accordance with the opinion of the committee, or if no opinion is delivered, the Commission shall, without delay, submit to the Council a proposal relating to the measures to be taken and shall inform the European Parliament.
   5.   If the European Parliament considers that a proposal submitted by the Commission pursuant to a basic instrument adopted in accordance with the procedure laid down in Article 251 of the Treaty exceeds the implementing powers provided for in that basic instrument, it shall inform the Council of its position.
   6.   The Council may, where appropriate in view of any such position, act by qualified majority on the proposal, within a period to be laid down in each basic instrument but which shall in no case exceed three months from the date of referral to the Council.
   If within that period the Council has indicated by qualified majority that it opposes the proposal, the Commission shall re-examine it. It may submit an amended proposal to the Council, re-submit its proposal or present a legislative proposal on the basis of the Treaty.
   If on the expiry of that period the Council has neither adopted the proposed implementing act nor indicated its opposition to the proposal for implementing measures, the proposed implementing act shall be adopted by the Commission.
   Article 5a
   Regulatory procedure with scrutiny
   1.   The Commission shall be assisted by a Regulatory Procedure with Scrutiny Committee composed of the representatives of the Member States and chaired by the representative of the Commission.
   2.   The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on the draft within a time-limit which the chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 205(2) and (4) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The chairman shall not vote.
   3.   If the measures envisaged by the Commission are in accordance with the opinion of the Committee, the following procedure shall apply:

               (a)

               the Commission shall without delay submit the draft measures for scrutiny by the European Parliament and the Council;

               (b)

               the European Parliament, acting by a majority of its component members, or the Council, acting by a qualified majority, may oppose the adoption of the said draft by the Commission, justifying their opposition by indicating that the draft measures proposed by the Commission exceed the implementing powers provided for in the basic instrument or that the draft is not compatible with the aim or the content of the basic instrument or does not respect the principles of subsidiarity or proportionality;

               (c)

               if, within three months from the date of referral to them, the European Parliament or the Council opposes the draft measures, the latter shall not be adopted by the Commission. In that event, the Commission may submit to the Committee an amended draft of the measures or present a legislative proposal on the basis of the Treaty;

               (d)

               if, on expiry of that period, neither the European Parliament nor the Council has opposed the draft measures, the latter shall be adopted by the Commission.

         4.   If the measures envisaged by the Commission are not in accordance with the opinion of the Committee, or if no opinion is delivered, the following procedure shall apply:

               (a)

               the Commission shall without delay submit a proposal relating to the measures to be taken to the Council and shall forward it to the European Parliament at the same time;

               (b)

               the Council shall act on the proposal by a qualified majority within two months from the date of referral to it;

               (c)

               if, within that period, the Council opposes the proposed measures by a qualified majority, the measures shall not be adopted. In that event, the Commission may submit to the Council an amended proposal or present a legislative proposal on the basis of the Treaty;

               (d)

               if the Council envisages adopting the proposed measures, it shall without delay submit them to the European Parliament. If the Council does not act within the two-month period, the Commission shall without delay submit the measures by the European Parliament;

               (e)

               the European Parliament, acting by a majority of its component members within four months from the forwarding of the proposal in accordance with point (a), may oppose the adoption of the measures in question, justifying its opposition by indicating that the proposed measures exceed the implementing powers provided for in the basic instrument or are not compatible with the aim or the content of the basic instrument or do not respect the principles of subsidiarity or proportionality;

               (f)

               if, within that period, the European Parliament opposes the proposed measures, the latter shall not be adopted. In that event, the Commission may submit to the Committee an amended draft of the measures or present a legislative proposal on the basis of the Treaty;

               (g)

               if, on expiry of that period, the European Parliament has not opposed the proposed measures, the latter shall be adopted by the Council or by the Commission, as the case may be.

         5.   By way of derogation from paragraphs 3 and 4, a basic instrument may in duly substantiated exceptional cases provide:

               (a)

               that the time-limits laid down in paragraphs 3(c), 4(b) and 4(e) shall be extended by an additional month, when justified by the complexity of the measures; or

               (b)

               that the time-limits laid down in paragraphs 3(c), 4(b) and 4(e) shall be curtailed where justified on the grounds of efficiency.

         6.   A basic instrument may provide that if, on imperative grounds of urgency, the time limits for the regulatory procedure with scrutiny referred to in paragraphs 3, 4 and 5 cannot be complied with, the following procedure shall apply:

               (a)

               if the measures envisaged by the Commission are in accordance with the opinion of the Committee, the Commission shall adopt the measures, which shall immediately be implemented. The Commission shall without delay communicate them to the European Parliament and to the Council;

               (b)

               within a time-limit of one month following that communication, the European Parliament, acting by a majority of its component members, or the Council, acting by a qualified majority, may oppose the measures adopted by the Commission, on the grounds that the measures exceed the implementing powers provided for in the basic instrument or are not compatible with the aim or the content of the basic instrument or do not respect the principles of subsidiarity or proportionality;

               (c)

               in the event of opposition by the European Parliament or the Council, the Commission shall repeal the measures. It may, however, provisionally maintain the measures in force if warranted on health protection, safety or environmental grounds. In that event, it shall without delay submit to the Committee an amended draft of the measures or a legislative proposal on the basis of the Treaty. The provisional measures shall remain in force until they are replaced by a definitive instrument.

         Article 6
   Safeguard procedure
   The following procedure may be applied where the basic instrument confers on the Commission the power to decide on safeguard measures:

               (a)

               the Commission shall notify the Council and the Member States of any decision regarding safeguard measures. It may be stipulated that before adopting its decision, the Commission shall consult the Member States in accordance with procedures to be determined in each case;

               (b)

               any Member State may refer the Commission's decision to the Council within a time-limit to be determined within the basic instrument in question;

               (c)

               the Council, acting by a qualified majority, may take a different decision within a time-limit to be determined in the basic instrument in question. Alternatively, it may be stipulated in the basic instrument that the Council, acting by qualified majority, may confirm, amend or repeal the decision adopted by the Commission and that, if the Council has not taken a decision within the abovementioned time-limit, the decision of the Commission is deemed to be revoked.

         Article 7
   1.   Each committee shall adopt its own rules of procedure on the proposal of its chairman, on the basis of standard rules which shall be published in the Official Journal of the European Communities.

   In so far as necessary existing committees shall adapt their rules of procedure to the standard rules.
   2.   The principles and conditions on public access to documents applicable to the Commission shall apply to the committees.
   3.   The European Parliament shall be regularly kept informed by the Commission of committee proceedings following arrangements which ensure that the transmission system is transparent and that the information forwarded and the various stages of the procedure are identified. To that end, it shall receive agendas for committee meetings, draft measures submitted to the committees for the implementation of instruments adopted by the procedure provided for by Article 251 of the Treaty, and the results of voting and summary records of the meetings and lists of the authorities and organisations to which the persons designated by the Member States to represent them belong.
   The European Parliament shall also be kept informed whenever the Commission transmits to the Council measures or proposals for measures to be taken.
   4.   The Commission shall, within six months of the date on which this Decision takes effect, publish in the Official Journal of the European Communities, a list of all committees which assist the Commission in the exercise of implementing powers. This list shall specify, in relation to each committee, the basic instrument(s) under which the committee is established. From 2000 onwards, the Commission shall also publish an annual report on the working of committees.
   5.   The references of all documents sent to the European Parliament pursuant to paragraph 3 shall be made public in a register to be set up by the Commission in 2001.
   Article 8
   If the European Parliament indicates, in a resolution setting out the grounds on which it is based, that draft implementing measures, the adoption of which is contemplated and which have been submitted to a committee pursuant to a basic instrument adopted under Article 251 of the Treaty, would exceed the implementing powers provided for in the basic instrument, the Commission shall review the draft measures. Taking the resolution into account and within the time-limits of the procedure under way, the Commission may submit new draft measures to the committee, continue with the procedure or submit a proposal to the European Parliament and the Council on the basis of the Treaty.
   The Commission shall inform the European Parliament and the committee of the action which it intends to take on the Resolution of the European Parliament and of its reasons for doing so.
   Article 9
   Decision 87/373/EEC shall be repealed.
   Article 10
   This Decision shall take effect on the day following that of its publication in the Official Journal of the European Communities.

      NB:

   Readers are informed that statements in the Council minutes relating to these two Decisions are set out in OJ C 203, 17.7.1999, p. 1, and in OJ C 171, 22.7.2006, p. 21.
   A statement by the European Parliament, the Council and the Commission concerning the Decision of 17 July 2006 is set out on page 1 of this Official Journal.


Avis juridique important

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31998D0465

98/465/EC: Council Decision of 13 July 1998 appointing Danish members and alternate members of the Committee of the Regions

Official Journal L 205 , 22/07/1998 P. 0067 - 0067

COUNCIL DECISION of 13 July 1998 appointing Danish members and alternate members of the Committee of the Regions (98/465/EC)THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 198a thereof,Having regard to the Council Decision 98/110/EC of 26 January 1998 (1) appointing the members and alternate members of the Committee of the Regions,Whereas seats as members and alternate members of the Committee have become vacant following the resignation of Mr Bent Hansen, Mr Evan Jensen, Ms Helene Lund, Mr Søren Madsen and Mr Henning Tellerup, members, and Mr Anker Boye, Mr Poul Erling Christensen, Mr Ernst Ellgaard, Mr Kjeld Rasmussen, Ms Vibeke Storm Rasmussen, alternate members, notified to the Council on 22, 23 and 26 June 1998;Having regard to the proposal from the Danish Government,HAS DECIDED AS FOLLOWS:Sole Article The following:(a) Mr Lars Abel, Mr Anker Boye, Mr Johannes Flensted-Jensen, Mr Ejgil W. Rasmussen and Ms Vibeke Storm Rasmussen are hereby appointed full members of the Committee of the Regionsto replace Mr Søren Madsen, Ms Helene Lund, Mr Bent Hansen, Mr Evan Jensen and Mr Henning Tellerup respectively;(b) Mr Søren Eriksen, Mr Kurt Hockerup, Mr Tove Larsen, Ms Helene Lund and Mr Christian Overdal Aagaard are hereby appointed alternate members of the Committee of the Regionsto replace Mr Poul Erling Christensen, Mr Ernst Ellgaard, Mr Kjeld Rasmussen, Mr Anker Boye and Ms Vibeke Storm Rasmussen respectively,for the remainder of the latters' term of office, i.e. until 25 January 2002.Done at Brussels, 13 July 1998.For the CouncilThe PresidentW. SCHÜSSEL(1) OJ L 28, 4. 2. 1998, p. 19.


title: 2012/598/EU: Decision of the European Parliament of 10 May 2012 on discharge in respect of the implementation of the budget of the European Union Agency for Fundamental Rights for the financial year 2010

text:
               17.10.2012

               EN

               Official Journal of the European Union

               L 286/281

         DECISION OF THE EUROPEAN PARLIAMENT
   of 10 May 2012
   on discharge in respect of the implementation of the budget of the European Union Agency for Fundamental Rights for the financial year 2010
   (2012/598/EU)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Union Agency for Fundamental Rights for the financial year 2010,

               —

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

               —

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

               —

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

               —

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

               —

               having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (3), and in particular Article 21 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0122/2012),

               1.

               Grants the Director of the European Union Agency for Fundamental Rights discharge in respect of the implementation of the Agency’s budget for the financial year 2010;

               2.

               Sets out its observations in the resolution below;

               3.

               Instructs its President to forward this Decision and the resolution that forms an integral part of it to the Director of the European Union Agency for Fundamental Rights, 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. 9.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 53, 22.2.2007, p. 1.

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

      EUROPEAN PARLIAMENT RECOMMENDATIONS OVER THE PAST YEARS

               Agency for Fundamental Rights

               2006

               2007

               2008

               2009

               Performance

               n.a.

                           —

                           The Agency should strive for synergies with other institutions active in the field of human rights

                           —

                           SMART objectives and RACER indicators should be introduced in the assessments of the achievements

               n.a.

               Budgetary and Financial Management: procurement procedures

                           —

                           The Agency did not respect the rules for budget presentation

                           —

                           Issues in the budgetary management

                           —

                           The principle of sound financial management has been threatened by the published evaluation method; it has decreased the relative importance of the price criterion (awaiting for a new evaluation method)

                           —

                           Almost all appropriations were committed (EUR 13 900 000 out of EUR 14 200 000)

                           —

                           The principle of sound financial management has been threatened by the published evaluation method; it has decreased the relative importance of the price criterion

                           —

                           Urges the Agency to improve its budgetary and recruitment planning in order to redress the lack of consistency between its budgetary and staff forecasting

                           —

                           Calls on the Agency to make progress in ensuring a realistic evaluation of tenders

               Human resources

               n.a.

               n.a.

               n.a.

               n.a.

               Internal audit

               n.a.

               n.a.

                           —

                           The Agency fulfilled all the recommendations made by the Internal Audit Service

                           —

                           Out of nine recommendations of the IAS, four have yet to be implemented by the Agency

          ---documentbreak---

               17.10.2012

               EN

               Official Journal of the European Union

               L 286/282

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

               —

               having regard to the final annual accounts of the European Union Agency for Fundamental Rights for the financial year 2010,

               —

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

               —

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

               —

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

               —

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

               —

               having regard to Council Regulation (EC) No 168/2007 of 15 February 2007 establishing a European Union Agency for Fundamental Rights (3), and in particular Article 21 thereof,

               —

               having regard to Commission Regulation (EC, Euratom) No 2343/2002 of 19 November 2002 on the framework Financial Regulation for the bodies referred to in Article 185 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities (4), and in particular Article 94 thereof,

               —

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

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on Civil Liberties, Justice and Home Affairs (A7-0122/2012),

               A.

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

               B.

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

                           —

                           urged the Agency to improve its budgetary and recruitment planning in order to address the lack of consistency between its budgetary and staff forecasting,

                           —

                           called on the Agency to make progress in ensuring a realistic evaluation of tenders,

                           —

                           called on the Agency to remedy the four outstanding recommendations of the Internal Audit Service (IAS),

               C.

               whereas the overall budget of the Agency for the financial year 2010 was EUR 20 200 000, which is an increase of 17,44 % compared to 2009,

               D.

               whereas the initial contribution of the Union to the budget of the Agency for 2010 was EUR 19 100 000 compared to EUR 17 000 000 in 2009 (6), which represents an increase of 12,35 %,

      Budgetary and financial management

               1.

               Recalls that the initial Union contribution to the Agency for 2010 amounted to EUR 19 100 000; notes, however, that EUR 900 000, coming from the recovery of surplus, was added to this amount which, as a result, makes a total Union contribution of EUR 20 000 000;

               2.

               Acknowledges from the Agency’s Report on Budgetary and Financial Management (RBFM) that two amending budgets took place during the financial year 2010 and amounted to EUR 212 010; notes in particular that the purpose of the two amending budgets was twofold:

                           —

                           to take into consideration Croatia’s participation in the work of the Agency;

                           —

                           to acknowledge that the Agency received one third of the monthly rent for the period January to June 2010 from the Austrian authorities;

               3.

               Notes from the RBFM that EUR 13 830 000 was allocated to administrative expenses and EUR 6 170 000 was allocated to the operational expenditure; notes that these figures represent an increase of 13 % for administrative expenditure and an increase of 26 % for operational expenditure compared to the 2009 final budget;

               4.

               Ascertains from the Agency that the implementation rate of the Union contribution followed the previous year’s trend and remained at 100 %, and that the budget execution rate in terms of payments reached 61,65 % in 2010 compared to 60,64 % in 2009; notes with concern that under Title III (Operational expenditure) the budget execution rate in terms of payments reached only 28,08 %; therefore calls on the Agency to make further efforts and to take appropriate actions to ensure a greater level of budget execution in terms of payment, in particular under Title III;

               5.

               Welcomes the Agency’s ICT software development for project management (i.e. MATRIX), which constitutes an effective computer-aided tool for setting up project plans and documenting them in a uniform manner and for implementing and managing projects, and which, based on the IAS audit on planning and monitoring of March 2011, was stated to constitute best practice and a source of strength; also welcomes the Agency’s initiative to link MATRIX with ABAC, the budgetary system, in order to provide information on the level of commitment and payment appropriations execution;

      Carry-over appropriations and transfers

               6.

               Urges the Agency to improve its budgetary implementation planning in order to reduce its high level of carry-overs (EUR 6 900 000); notes in particular from the Court of Auditors that the Agency committed 48 %, i.e. EUR 4 600 000, of its annual Title III (Operational expenditure) in December 2010; is of the opinion that such concentration of spending in the final weeks of the year has a significant impact on the level of carry-overs and indicates a clear need to improve the Agency’s budgetary implementation planning; notes from the Agency that it has recently adopted a budget module which should enable it to plan annually its level of carry-overs;

               7.

               Acknowledges, nevertheless, the Agency’s statement that it has taken appropriate measures (e.g. planning two years in advance) to improve spreading budget implementation throughout the year, thereby avoiding concentration during the last month;

               8.

               Ascertains from the Agency that the implementation rate of appropriations carried forward automatically from 2009 to 2010 reached 94 % in 2010, leaving EUR 414 633 unused;

               9.

               Notes from the RBFM that the Management Board approved two budgetary transfers totalling EUR 2 791 055; takes note that these transfers were linked to the allocation of the surplus generated under Title 1 (Staff expenditure) due to delays in recruitment;

               10.

               Establishes from the RBFM that the Director of the Agency authorised 14 budgetary transfers totalling EUR 228 111; notes from the Agency that these transfers mainly relate to corrective actions required for the efficient implementation of its Annual Work Programme as well as for administrative expenditure;

               11.

               Notes with concern the Court of Auditors’ comment on the commitment of 48 % of the operational expenditure in the last month of 2010 and on the high level of carry-overs as a consequence; supports the efforts of the Agency to avoid this situation in the future, namely by planning its activities two years in advance and setting objectives during the course of the year in respect of budget implementation; calls on the Agency to ensure that its budget planning allows for ad hoc requests by Parliament; notes that almost all amounts carried over to 2011 were used, leading to a final 2010 outturn of 98,55 %;

               12.

               Invites the Agency to take the necessary steps to determine and resolve the main obstacles related to budget expenditure, project funding, recruitment, and legal and administrative constraints, in order to ensure the efficient management of its budget;

      Human resources

               13.

               Notes from its RBFM that the Agency faced difficulties in attracting candidates to respond to the call for expressions of interest for the posts of Seconded National Experts; notes with disappointment that two successful candidates withdrew their expressions of interest in secondment to the Agency;

               14.

               Notes that discharge in respect of the implementation of the budget of the Agency should continue to be based on its performance throughout the year;

               15.

               Notes with concern the delay in completing recruitment procedures, meaning that only 59 out of 72 posts could be filled during 2010; calls on the Agency to take all necessary steps to prevent a recurrence of this situation; notes with concern the allegations of harassment of staff and the lawsuit that has been filed; requires the Agency to address those allegations adequately; calls on the Agency to clarify the treatment of whistleblowers and to provide a written report to Parliament on the application of the rules in place to protect whistleblowers;

               16.

               Notes with concern that, during the 2009 discharge procedure, the Court of Auditors already commented that the Agency could improve its budgetary and recruitment planning, notably in respect of the high vacancy rate (21 %) and the high volume of appropriations carried forward; reiterates that the Agency should take all necessary steps to improve the situation;

      Performance

               17.

               Acknowledges from its Annual Activity Report that the Agency adopted a code of good administrative behaviour which, together with the Staff Regulations, aims to ensure ethical conduct, avoid conflicts of interest, prevent fraud and encourage reporting of irregularities; notes, moreover, that specific measures for awareness-raising and avoiding conflicts of interest (declarations) are taken during recruitment procedures and procurement selection panels;

               18.

               Notes with satisfaction that, in order to further strengthen this internal control, the Agency aims to improve the application of the whistleblowing rules and the protection of whistleblowers, and that this improvement is planned to take place during 2012; calls on the Agency to inform the discharge authority of the measures adopted and implemented in this respect;

      Internal audit

               19.

               Acknowledges that the IAS followed up the implementation of its recommendations made in 2010; notes in particular that all those recommendations were closed;

               20.

               Notes from the Agency that the IAS performed an audit on planning and monitoring in March 2011 and formulated 11 recommendations, one of which was rated as ‘very important’, seven as ‘important’ and three as ‘desirable’; takes note of the Agency’s statement that the IAS considered 10 of the 11 recommendations to be implemented and that the remaining ‘important’ recommendation was considered to be still in progress;

               21.

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

               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 (7) on the performance, financial management and control of the agencies.

      (1)  OJ C 366, 15.12.2011, p. 9.

      (2)  OJ L 248, 16.9.2002, p. 1.

      (3)  OJ L 53, 22.2.2007, p. 1.

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

      (5)  OJ L 250, 27.9.2011, p. 220.

      (6)  OJ L 64, 12.3.2010, p. 1037.

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


title: Decision of the European Parliament of 23 April 2009 on discharge in respect of the implementation of the budget of the European Medicines Agency for the financial year 2007

text:
               26.9.2009

               EN

               Official Journal of the European Union

               L 255/117

         DECISION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   on discharge in respect of the implementation of the budget of the European Medicines Agency for the financial year 2007
   (2009/645/EC)
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Medicines Agency for the financial year 2007 (1),

               —

               having regard to the Court of Auditors’ report on the final annual accounts of the European Medicines Agency for the financial year 2007, together with the Agency’s replies (2),

               —

               having regard to the Council’s recommendation of 10 February 2009 (5588/2009 — C6-0060/2009),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (4), and in particular Article 68 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 Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0162/2009),

               1.

               Grants the Executive Director of the European Medicines Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2007;

               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 Medicines Agency, the Council, the Commission and the Court of Auditors, and to arrange for their publication in the Official Journal of the European Union (L series).

            The President

         Hans-Gert PÖTTERING

            The Secretary-General

         Klaus WELLE

      (1)  OJ C 278, 31.10.2008, p. 10.

      (2)  OJ C 311, 5.12.2008, p. 27.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 136, 30.4.2004, p. 1.

      (5)  OJ L 357, 31.12.2002, p. 72.
   RESOLUTION OF THE EUROPEAN PARLIAMENT
   of 23 April 2009
   with observations forming an integral part of the Decision on discharge in respect of the implementation of the budget of the European Medicines Agency for the financial year 2007
   THE EUROPEAN PARLIAMENT,

               —

               having regard to the final annual accounts of the European Medicines Agency for the financial year 2007 (1),

               —

               having regard to the Court of Auditors’ report on the final annual accounts of the European Medicines Agency for the financial year 2007, together with the Agency’s replies (2),

               —

               having regard to the Council’s recommendation of 10 February 2009 (5588/2009 — C6-0060/2009),

               —

               having regard to the EC Treaty, and in particular Article 276 thereof,

               —

               having regard to Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (3), and in particular Article 185 thereof,

               —

               having regard to Regulation (EC) No 726/2004 of the European Parliament and of the Council of 31 March 2004 laying down Community procedures for the authorisation and supervision of medicinal products for human and veterinary use and establishing a European Medicines Agency (4), and in particular Article 68 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 Regulation (EC, Euratom) No 1605/2002 (5), and in particular Article 94 thereof,

               —

               having regard to Rule 71 of, and Annex V to, its Rules of Procedure,

               —

               having regard to the report of the Committee on Budgetary Control and the opinion of the Committee on the Environment, Public Health and Food Safety (A6-0162/2009),

               A.

               whereas the European Court of Auditors (ECA) stated that it has obtained reasonable assurance that the annual accounts for the financial year 2007 are reliable, and the underlying transactions are legal and regular,

               B.

               whereas on 22 April 2008 Parliament granted the Executive Director of the European Medicines Agency discharge in respect of the implementation of the Agency’s budget for the financial year 2006 (6), and in its resolution accompanying the discharge decision, inter alia:

                           —

                           noted the ECA’s statement in its 2006 report that as regards administrative expenditure the utilisation for commitment appropriations was less than 60 %,

                           —

                           noted that a considerable amount of budget appropriations for 2006 had been carried over to 2007 due to the nature of the projects dealt with by the Agency,

                           —

                           noted that in December 2006 the Agency’s Management Board decided to undertake a revision of the scale fees system in consultation with the competent national authorities;

               1.

               Underlines that the Agency’s budget is financed both from the EU Budget and mainly by fees paid by pharmaceutical industry applicants for obtaining or maintaining a Community marketing authorisation. However notes that the EC general contribution increased by 24,48 % between 2006 and 2007 and represents 24,13 % of the total 2007 revenue; is aware in this context of newly assigned tasks arising from Regulation (EC) No 1901/2006 of the European Parliament and of the Council of 12 December 2006 on medicinal products for paediatric use (7) and an increase in the orphan medicines budget line;

               2.

               Welcomes the efforts of the Agency to provide more scientific advice at early stages of the development of new medicines as well as the introduction of measures to accelerate the assessment of medicines that are of critical importance to public health and to accelerate the development and implementation of Telematics programmes;

               3.

               Considers the Agency as a source of important scientific advice, science-based recommendations, best practice for medicines evaluation and supervision in Europe and welcomes the contributions to the Commission and the Member States towards the harmonisation of regulatory standards at international level;

               4.

               Encourages the Agency to continue its action in the Orphan Medicines field; discourages, however, the decrease in the Orphan Medicines contribution, mainly due to a change in the policy for orphan fee reductions resulting from the flexibility provided by Council Regulation (EC) No 297/95 of 10 February 1995 on fees payable to the European Agency for the Evaluation of Medicinal Products (8), which none the less results in (generates) a reduction of 26,25 % in 2007 compared to 2006;

               5.

               Emphasises the role of the Agency to monitoring the safety of medicines through the pharmacovigilance network; calls, however, for constant improvement of the vigilance level;

         Weaknesses in budgetary management concerning the Telematics programme

               6.

               Notes the ECA’s criticism that, as in 2006, the high level of carry-overs for administrative expenditure was mainly due to the Telematics programme; notes the ECA’s statement that this situation was at odds with the principle of annuality and that the Agency must ensure better planning and monitoring of the implementation of the programme;

               7.

               Notes the ECA’s recommendation that the Agency should consider using the differentiated appropriations system for the Telematics programme, which was more suitable for the budgetary management of such programmes;

               8.

               Calls on the Agency to implement the ECA’s recommendation to use differentiated appropriations for the Telematics programme promptly; requests that the Agency report on the action taken in its annual activity report for 2008;

         Weaknesses as regards procurement procedures

               9.

               Notes the ECA’s finding with regard to procurement procedures, stating that:

                           —

                           in two cases the procedures chosen were not sufficiently justified,

                           —

                           in three cases the evaluation methods for the price criteria were inadequate,

                           —

                           in one case of a joint procurement procedure with five other agencies the volume of the services to be procured had not been adequately identified;

               10.

               Notes the Agency’s replies according to which:

                           —

                           it established a formula for the objective evaluation of price as an award criteria with effect from 17 March 2008,

                           —

                           in the case of the joint procurement procedure the original estimate had to be revalued due to the technological advances that occurred between the definition of services to be provided and the launch of the procurement procedure;

               11.

               Requests the Agency to address the weaknesses in the procurement procedures mentioned above and to report on the action taken in its annual activity report for 2008;

         Progress towards ensuring compliance with the fee regulation

               12.

               Notes that the ECA, in its 2006 annual report, found that the Agency’s practice was in breach of its fee regulation for the following reasons: the Agency’s customers were billed an amount which was divided into two parts, the Agency’s costs and an amount which was repaid to the Member States’ rapporteurs to cover their own costs; and the Member States’ rapporteurs however never provided full evidence of their actual costs;

               13.

               Notes that the ECA, in its 2007 annual report, followed up on these findings, stating that the Agency’s Management Board set up a costing group which made a proposal for an alternative option for remunerating the rapporteurs at the end of 2007;

               14.

               Insists, in accordance with the ECA’s recommendation, that the Agency make further progress to resolve this issue and report on the follow-up action taken in its annual activity report for 2008;

               15.

               Refers for other observations accompanying its Decision on discharge which are of a horizontal nature to its Resolution of 23 April 2009 on financial management and control of EU agencies (9).

      (1)  OJ C 278, 31.10.2008, p. 10.

      (2)  OJ C 311, 5.12.2008, p. 27.

      (3)  OJ L 248, 16.9.2002, p. 1.

      (4)  OJ L 136, 30.4.2004, p. 1.

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

      (6)  OJ L 88, 31.3.2009, p. 175.

      (7)  OJ L 378, 27.12.2006, p. 1.

      (8)  OJ L 35, 15.2.1995, p. 1.

      (9)  See page 206 of this Official Journal.


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31987D0105

87/105/Euratom: Commission Decision of 6 November 1986 concerning the conclusion of an Agreement for cooperation in the field of controlled thermonuclear fusion between the European Atomic Energy Community and the United States Department of Energy by the Commission for and on behalf of the said Community

Official Journal L 046 , 14/02/1987 P. 0049 - 0049 Finnish special edition: Chapter 11 Volume 11 P. 0389  Swedish special edition: Chapter 11 Volume 11 P. 0389

*****COMMISSION  DECISION  of 6 November 1986  concerning the conclusion of an Agreement for cooperation in the field of controlled thermonuclear fusion between the European Atomic Energy Community and the United States Department of Energy by the Commission for and on behalf of the said Community  (87/105/Euratom)  THE COMMISSION OF THE EUROPEAN COMMUNITIES,  Having regard to the Treaty establishing the European Atomic Energy Community, and in particular the second paragraph of Article 101 thereof;  Whereas the Council, in its decision of 15 September 1986, has approved the Agreement for cooperation in the field of controlled thermonuclear fusion between the European Atomic Energy Community and the United States Department of Energy; whereas it is essential that the Commission conclude the said Agreement on behalf of the Community,  HAS DECIDED AS FOLLOWS:  Article 1  The Agreement for cooperation in the field of controlled thermonuclear fusion between the European Atomic Energy Community and the United States Department of Energy shall be concluded on behalf of the Community.  The text of the Agreement (1) is appended to this Decision.  Article 2  The President of the Commission is empowered to designate the person authorized to sign the Agreement for the purpose of committing the European Atomic Energy Community.  Done at Brussels, 6 November 1986.  For the Commission  Karl-Heinz NARJES  Vice-President  (1) Signed on 15. 12. 1986.


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31975D0403

75/403/Euratom, ECSC, EEC: Commission Decision of 27 June 1975 conferring authority to fix standard average values for the determination of the value for customs purposes of apples and pears

Official Journal L 177 , 08/07/1975 P. 0022 - 0023 Greek special edition: Chapter 02 Volume 2 P. 0085

++++( 1 ) OJ NO L 147 , 11 . 7 . 1967 , P . 1 .  ( 2 ) OJ NO L 7 , 6 . 1 . 1973 , P . 1 .  ( 3 ) OJ NO L 163 , 28 . 6 . 1975 , P . 45 .  COMMISSION DECISION OF 27 JUNE 1975 CONFERRING AUTHORITY TO FIX STANDARD AVERAGE VALUES FOR THE DETERMINATION OF THE VALUE FOR CUSTOMS PURPOSES OF APPLES AND PEARS  ( 75/403/EURATOM , ECSC , EEC )  THE COMMISSION OF THE EUROPEAN COMMUNITIES ,  HAVING REGARD TO THE TREATY ESTABLISHING A SINGLE COUNCIL AND A SINGLE COMMISSION OF THE EUROPEAN COMMUNITIES ;  HAVING REGARD TO THE PROVISIONAL RULES OF PROCEDURE OF THE COMMISSION OF 6 JULY 1967 ( 1 ) , AS LAST AMENDED BY THE DECISION OF 6 JANUARY 1973 ( 2 ) ;  WHEREAS THE OPERATION OF A SYSTEM OF STANDARD AVERAGE VALUES INVOLVES THE ADOPTION BY THE COMMISSION OF NUMEROUS AND URGENT ADMINISTRATIVE MEASURES REQUIRING THE CONSIDERATION OF A NUMBER OF COMPLEX DATA AND CALCULATIONS ;  WHEREAS COMMISSION REGULATION ( EEC ) NO 1641/75 ( 3 ) OF 27 JUNE 1975 ESTABLISHES SUCH A SYSTEM FOR APPLES AND PEARS ; WHEREAS IT PROVIDES FOR THE FIXING OF STANDARD AVERAGE VALUES IN PRINCIPLE EVERY 14 DAYS FOR EACH OF THE HEADINGS LISTED IN THE ANNEX TO THAT REGULATION ;  WHEREAS , TAKING ACCOUNT IN PARTICULAR OF ARTICLES 2 , 3 AND 5 OF THAT REGULATION , THE COMMISSION HAS ONLY A SHORT TIME IN WHICH TO FIX AND BRING INTO FORCE THE STANDARD AVERAGE VALUES ;  WHEREAS THE FIXING OF STANDARD AVERAGE VALUES CONSISTS IN ESTABLISHING THE WEIGHTED AVERAGES OF THE FREE-AT-FRONTIER PRICES , EXCLUSIVE OF DUTY , WHICH THE MEMBER STATES HAVE NOTIFIED TO THE COMMISSION ; WHEREAS THIS FIXING INVOLVES ONLY TECHNICAL CALCULATIONS ;  WHEREAS TO ENABLE THIS SYSTEM TO FUNCTION THE COMMISSION MEMBER RESPONSIBLE FOR THE " CUSTOMS UNION ADMINISTRATION " DEPARTMENT SHOULD BE AUTHORIZED TO TAKE THE MEASURES CONCERNED OR , IF HE IS UNABLE TO DO SO , ANOTHER MEMBER OF THE COMMISSION OR THE DIRECTOR OF THE " CUSTOMS UNION ADMINISTRATION " DEPARTMENT , IN THAT ORDER , ACTING ON BEHALF OF AND UNDER THE RESPONSIBILITY OF THE COMMISSION ;  WHEREAS THIS AUTHORITY WILL BE EXERCISED UNDER THE SUPERVISION OF THE COMMISSION ; WHEREAS THE RELEVANT INSTRUMENTS WILL BE ADOPTED IN ACCORDANCE WITH THE RULES IN FORCE AND WITH THE GENERAL DIRECTIONS GIVEN BY THE COMMISSION IN THIS DECISION AND WITH ANY FURTHER DIRECTIONS WHICH MAY BE GIVEN IN THE FUTURE ;  WHEREAS REPORTS ON THE USE OF THIS AUTHORITY WILL BE SUBMITTED TO THE COMMISSION AT REGULAR INTERVALS ;  WHEREAS THIS AUTHORITY IS CONFERRED WITHOUT PREJUDICE TO THE POWER OF THE COMMISSION AS A WHOLE TO ISSUE DECISIONS WHENEVER IT CONSIDERS IT NECESSARY ,  HAS DECIDED AS FOLLOWS :  ARTICLE 1  1 . THE COMMISSION HEREBY AUTHORIZES THE COMMISSION MEMBER RESPONSIBLE FOR THE " CUSTOMS UNION ADMINISTRATION " DEPARTMENT TO FIX ON BEHALF OF THE COMMISSION , WHICH SHALL BE RESPONSIBLE THEREFOR , THE STANDARD AVERAGE VALUES PROVIDED FOR IN ARTICLE 2 OF REGULATION ( EEC ) NO 1641/75 OF 27 JUNE 1975 ESTABLISHING A SYSTEM OF STANDARD AVERAGE VALUES FOR THE DETERMINATION OF THE VALUE FOR CUSTOMS PURPOSES OF APPLES AND PEARS .  2 . THE AUTHORITY PROVIDED FOR IN PARAGRAPH 1 SHALL BE EXERCISED , WHEN THE COMMISSION MEMBER RESPONSIBLE FOR THE " CUSTOMS UNION ADMINISTRATION " DEPARTMENT IS UNABLE TO DO SO :  ( A ) BY ONE OF THE OTHER MEMBERS OF THE COMMISSION OR , IF NONE OF THEM IS ABLE TO DO SO ,  ( B ) BY THE DIRECTOR OF THE " CUSTOMS UNION ADMINISTRATION " DEPARTMENT .  ARTICLE 2  THE COMMISSION SHALL EXAMINE REPORTS SUBMITTED TO IT AT REGULAR INTERVALS BY THE MEMBER RESPONSIBLE FOR THE " CUSTOMS UNION ADMINISTRATION " DEPARTMENT ON THE USE OF THE AUTHORITY PROVIDED FOR IN ARTICLE 1 AND ON ANY DIFFICULTIES ENCOUNTERED . THE COMMISSION SHALL WHERE NECESSARY GIVE FURTHER DIRECTIONS TO THE PERSONS AUTHORISED .  ARTICLE 3  THIS DECISION SHALL ENTER INTO FORCE ON 1 JULY 1975 . IT SHALL BE PUBLISHED IN THE OFFICIAL JOURNAL OF THE EUROPEAN COMMUNITIES .  DONE AT BRUSSELS , 27 JUNE 1975 .  FOR THE COMMISSION  THE PRESIDENT  FRANCOIS-XAVIER ORTOLI


title: 2012/751/CFSP: Political and Security Committee Decision EULEX KOSOVO/3/2012 of 4 December 2012 on the appointment of the Head of Mission of the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO

text:
               6.12.2012

               EN

               Official Journal of the European Union

               L 334/46

         POLITICAL AND SECURITY COMMITTEE DECISION EULEX KOSOVO/3/2012
   of 4 December 2012
   on the appointment of the Head of Mission of the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO
   (2012/751/CFSP)
   THE POLITICAL AND SECURITY COMMITTEE,
   Having regard to the Treaty on European Union, and in particular the third paragraph of Article 38 thereof,
   Having regard to Council Joint Action 2008/124/CFSP of 4 February 2008 on the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO (1), and in particular Article 12(2) thereof,
   Whereas:

               (1)

               On 4 February 2008, the Council adopted Joint Action 2008/124/CFSP establishing the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO.

               (2)

               On 5 June 2012, the Council adopted Decision 2012/291/CFSP (2) amending Joint Action 2008/124/CFSP and extending the duration of EULEX KOSOVO until 14 June 2014.

               (3)

               Pursuant to Article 12(2) of Joint Action 2008/124/CFSP, the Political and Security Committee is authorised, in accordance with Article 38 of the Treaty, to take the relevant decisions for the purpose of exercising political control and strategic direction of EULEX KOSOVO, including decisions regarding the appointment of the Head of Mission.

               (4)

               On 20 November 2012, the High Representative of the Union for Foreign Affairs and Security Policy proposed the appointment of Ambassador Bernd BORCHARDT as Head of Mission of EULEX KOSOVO from 1 February 2013,

         HAS ADOPTED THIS DECISION:
   Article 1
   Ambassador Bernd BORCHARDT is hereby appointed as Head of Mission of the European Union Rule of Law Mission in Kosovo, EULEX KOSOVO, with effect from 1 February 2013.
   Article 2
   This Decision shall enter into force on the date of its adoption.
   It shall apply until 14 June 2014.

      Done at Brussels, 4 December 2012.

            For the Political and Security Committee

            The Chairperson

         O. SKOOG

      (1)  OJ L 42, 16.2.2008, p. 92.

      (2)  OJ L 146, 6.6.2012, p. 46.


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31997Y0918(01)

Decision of 21 March 1997 on public access to European Environment Agency documents

Official Journal C 282 , 18/09/1997 P. 0005 - 0007

Decision of 21 March 1997 on public access to European Environment Agency documents (97/C 282/04)Explanatory memorandum1. Pursuant to Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European environment information and observation network (1) it is one of the tasks of the Agency 'to ensure that the public is properly informed about the state of the environment` (Article 1 (2)). In conformity with this general statement, the Agency is in charge of ensuring 'the broad dissemination of reliable environmental information` (Article 2, point (vi)).2. Considering that free access to available information on the environment held by public authorities of Member States will improve environmental protection, access to documents held by Member States has been ensured by Council Directive 90/313/EEC of 7 June 1990 on the freedom of access to information on the environment (2).3. On 6 December 1993 the Council and the Commission approved a code of conduct concerning public access to Council and Commission documents (3). Shortly afterwards, both institutions, implementing this code of conduct, adopted decisions on public access to their respective documents (4).4. The Agency has until now applied the Commission decision by analogy. However, having been granted legal personality and legal autonomy, it is not bound by the abovementioned decisions and it is therefore necessary for the Agency to adopt its own set of rules on public access to European Environment Agency documents.It is strongly indicated that these rules follow closely those adopted by the Council and the Commission. In conformity with the principle of legal autonomy, the decision does not refer to the abovementioned code of conduct but is to be applied on an independent basis.5. As to the substance of the decision, the point of departure should be, and this should be made perfectly clear, that the Agency is determined to grant access to existing documents in the widest possible way. The purpose of the decision is to set up the rules following which the public is entitled to apply for available documents without having to prove an interest. It must be understood that the applicants are only entitled to receive or to consult existing documents. There will be no obligation for the Agency to undertake research work or to produce new documents at the request of the public.6. Access to documents (whatever their format) will normally be restricted to documents emanating from the Agency. For all other documents requested, applicants should be invited to apply to the authority from which these documents emanate.7. While consultation of Agency documents on Agency premises will normally be free of charge, the Agency should have the possibility to charge a small fee for photocopies of documents exceeding 30 pages.8. Access to Agency documents should be refused under certain conditions, especially in cases where public interest, the protection of the individual and of privacy, the protection of commercial and industrial secrecy so require. For reasons of coherence, it was found advisable to draft these exceptions (Article 5) exactly the same way as did the code of conduct adopted by the Council and the Commission.9. The procedure set up by the decision is as follows:- all applications should be addressed to the Office Executive Director. All requests should be handled under the responsibility of the Executive Director,- if the Agency intends to refuse access to documents, the applicant is to be informed in writing of the reasons motivating this intention. Against this decision, the applicant may lodge an appeal to the Management Board chairperson. It is expected that this will take place only on very exceptional occasions.- If the Management Board chairperson decides to reject the appeal, its decision shall state the reasons thereof and inform the applicant of the possibility of referring the matter to the Ombudsman pursuant to Article 138c of the EC Treaty.10. The decision of the Management Board of the European Environment Agency has been adopted and should be reviewed after two years by the same body. It should be published in the Official Journal of the European Communities ('C` series) and made available to the public.Text of the decisionI. The public shall have the widest possible access to Agency documents under the conditions laid down in this decision.'Agency documents` means any existing written text, whatever its format, containing existing data and emanating from the European Environment Agency. This decision is not applicable to documents already published.II. An application for access to an Agency document shall be sent in writing to the Executive Director of the Agency (5). Applicants do not have to prove an interest.Applications must be made in a sufficiently precise manner and must contain information enabling the particular document requested to be identified. Where necessary, the applicant shall be asked for further details.III. The applicant shall have access to Agency documents either by consulting them on Agency premises or by having a copy sent at his own expense. For photocopies exceeding 30 sheets of paper, the Agency may charge a fee of ECU 10, plus ECU 0,036 per sheet. Charges for information in other formats shall be set on a case-by-case basis but shall not exceed what is reasonable.Documents shall be provided in the language available, taking account of the applicant's preference.Anyone given access to an Agency document may not sell the document, or distribute it for commercial purposes without prior authorization. Reproduction of published documents is authorized, provided the source is acknowledged.IV. Applications shall be dealt with as quickly as possible under the responsibility of the Executive Director.The applicant shall be informed in writing within one month whether his application is granted or whether the intention is to refuse access. In the latter case, the applicant shall be informed of the reasons for this intention. He shall also be informed that he has one month in which to apply to the Management Board chairperson for review of the intention to refuse access failing which he will be deemed to have withdrawn his application.Failure to reply to an application within a month of submission shall be equivalent to a refusal. In this case the applicant may apply to the Management Board chairperson within one month, failing which he will be deemed to have withdrawn his application.The decision on the application for review shall be taken as soon as possible and within two months of submission of such application, at the latest. If the application is rejected, the decision shall state the grounds on which it is based. At the same time, the applicant shall be informed of the possibility of referring the matter of the Ombudsman pursuant to the provisions of Article 138e of the EC Treaty.V. Access to an Agency document shall not be granted where its disclosure could undermine- the protection of the public interest (public security, international relations, monetary stability, court proceedings, inspections and investigations),- the protection of the individual and of privacy,- the protection of commercial and industrial secrecy,- the protection of the Community's financial interests,- the protection of confidentiality as requested by the natural or legal person who supplied any of the information contained in the document or as required by the legislation of the member country which supplied any of that information.Access to an Agency document may be refused in order to protect the confidentiality of the Agency's proceedings.VI. This decision shall be reviewed after two years of operation. In preparation for that review, the Executive Director shall submit in due time a report to the Management Board on the implementation of this Decision.VII. This Decision shall take effect on 1 June 1997. It shall be published in the Official Journal of the European Communities and made available to the public.(1) OJ L 120, 11. 5. 1990, p. 1.(2) OJ L 158, 23. 6. 1990, p. 56.(3) OJ L 340, 31. 12. 1993, p. 41.(4) Council Decision of 20. 12. 1993 on public access to Council Documents (OJ L 340, 31. 12. 1993, p. 43), Commission Decision of 8. 2. 1994 on public access to Commission documents (OJ L 46, 18. 2. 1994, p. 58), as modified by Decision of 19. 9. 1996 (OJ L 247, 28. 9. 1996, p. 45).(5) European Environment Agency, Kongens Nytorv 6, DK-1050 Copenhague, Fax (45 33) 36 71 99.